HomeMy WebLinkAbout14-052 CC ResolutionRESOLUTION NO. 14-52
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ADOPTING A MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING
PROGRAM PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT FOR A GENERAL
PLAN AMENDMENT AND ZONE CHANGE FROM VL -
VERY LOW DENSITY TO L -LOW DENSITY WITH A PDO
FOR CLUSTERING AND OPEN SPACE; A TENTATIVE
TRACT MAP 36479 TO SUBDIVIDE 73 ACRES INTO 83
LOTS; AND A HOME PRODUCT REVIEW APPLICATION
LOCATED AT THE SOUTHEAST CORNER OF VIA LOBO
AND NICOLAS ROAD (APNS 919-350-017,018,019,020)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Procedural Findings. The City Council of the City of Temecula
does hereby find, determine and declare that:
A. On July 12, 2012, Mr. Lenny Dunn filed Planning Application Nos. PA12-
' 0131, General Plan Amendment; PA12-0132, Zone Change to a PDO; PA12-0133,
Tentative Tract Map 36479; and PA12-0134, Home Product Review application in a
manner in accord with the City of Temecula General Plan and Development Code
("Project").
B. On May 21, 2014, the Planning Commission recommended approval of
Planning Application Nos. PA12-0131, General Plan Amendment; PA12-0132, Zone
Change to a PDO; PA12-0133, Tentative Tract Map 36479; and PA12-0134, Home
Product Review.
C. The Project was processed including, but not limited to all public notices,
in the time and manner prescribed by State and local law, including the California
Environmental Quality Act, Public Resources Code 21000, et seq. and the California
Environmental Quality Act Guidelines, 14. Cal. Code Regs 15000 et seq. (collectively
referred to as "CEQA").
D. Pursuant to CEQA, the City is the lead agency for the Project because it is
the public agency with the authority and principal responsibility for approving the
Project.
E. A Mitigated Negative Declaration was prepared for the Project in
accordance with the California Environmental Quality Act and California Environmental
Quality Act Guidelines (CEQA) and circulated for public review from April 21, 2014 to
May 20, 2014 for a 30 -day public review. Copies of the documents have been available
Resos 14-52 1
' for public review and inspection at the offices of the Department of Community
Development, located at City Hall, 41000 Main Street, Temecula, California 92590.
F. On May 21, 2014, at a duly noticed public hearing as prescribed by law,
the Planning Commission considered the Project and any comments received prior to or
at the public hearing on May 21, 2014, at which time the City staff presented its report,
and interested persons had an opportunity to and did testify either in support or in
opposition to the Project and the Mitigated Negative Declaration.
G. The Planning Commission reviewed the Mitigated Negative Declaration
and all comments received regarding the Mitigated Negative Declaration prior to and at
the May 21, 2014 public hearing, and based on the whole record before it finds that: (1)
the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is
no substantial evidence that the Project will have a significant effect on the environment;
and (3) Mitigated Negative Declaration reflects the independent judgment and analysis
of the Planning Commission.
H. On August 12, 2014, the City Council of the City of Temecula considered
the Project and the Mitigated Negative Declaration, at a duly noticed public hearing at
which time all interested persons had an opportunity to and did testify either in support
or in opposition to this matter. The Council considered all the testimony and any
comments received regarding the Project and the Mitigated Negative Declaration prior
to and at the public hearing.
I. The City Council reviewed the Mitigated Negative Declaration and all
comments received regarding the Mitigated Negative Declaration prior to and at the
August 12, 2014 public hearing, and based on the whole record before it finds that:
(1) the Mitigated Negative Declaration was prepared in compliance with
CEQA;
(2) There is no substantial evidence that the Project will have a significant
effect on the environment; and
(3) Mitigated Negative Declaration reflects the independent judgment and
analysis of the Planning Commission.
Section 2. Based on the findings set forth in the Resolution, the City Council
hereby adopts the Mitigated Negative Declaration prepared for this Project and the
Mitigation Monitoring Program for the Project.
Resos 14-52 2
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
' Temecula this 12th day of August, 2014.
v aryann Edwards, Mayor
ATTEST:
Randi N -0196n, JD, MMC
City Clerk
[SEAL]
Resos 14-52
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl-Olson, JD, MMC, City Clerk of the City of Temecula, do hereby certify
that the foregoing Resolution No. 14-52 was duly and regularly adopted by the City
Council of the City of Temecula at a meeting thereof held on the 12th day of August, 2014,
by the following vote:
AYES: 5 COUNCIL MEMBERS: Comerchero, Naggar, Roberts,
Washington, Edwards
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
' Randi Johl-Olson, JD, MMC
City Clerk
Resos 14-52 4