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HomeMy WebLinkAbout98-13 CC OrdinanceORDINANCE NO. 98-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF SAID CITY, PRE-ZONING THE AREAS KNOWN AS THE REDHAWK AND VAIL RANCH SPECIFIC PLANS AS PART OF PLANNING APPLICATION NO. PA98- 0205 ESTABLISHING ZONING FOR THIS AREA AS SPECIFIC PLAN THAT IS SUBSTANTIALLY IN THE FORM ATTACHED TO THIS ORDINANCE AS EXHIBIT A. THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Public hearings have been held before the Planning Commission and City Council of the City of Temecula, State of California, pursuant to the Planning and Zoning law of the State of California, and the City Code of the City of Temecula. The zoning classification shown on the attached exhibit (Exhibit A) is hereby approved and ratified as part of the Official Land Use map for the City of Temecula as adopted by the City and as may be amended hereafter from time to time by the City Council of the City of Temecula, and the City of Temecula Official Zoning Map is amended by placing in affect the zoning designation "Specific Plan" as described in this Ordinance and Planning Application 98-0205 and in the above title, and as shown on zoning map attached hereto and incorporated herein. Section 2. Findings. A. The City Council in adopting said ordinance, makes the following findings: 1. The proposed Pre-Zoning will not have a significant adverse effect on the environment, as determined in the Initial Study for this project. No immediate impacts to the environment will result from the establishment of zoning for this property. Impacts from future development can be mitigated to a level less than significant. 2. The project will not result in an impact to endangered, threatened or rare species or their habitats, or to wildlife dispersal or migration corridors. The project site has been previously disturbed and rough graded in the past, and street improvements installed on site. There are none of the standard indicators (obligate species) that might suggest that there are wetlands on site. The site does not serve as a migration corridor. A DeMinimus impact finding can be made for this project. 3. The proposed Pre-Zoning is consistent with the goals, policies and implementation programs contained in the General Plan. The designations established by the General Plan reflect the zoning designations within the Redhawk and Vail Ranch Specific Plans. R:Ords\98-13 1 4. The site of the proposed Pre-Zoning is suitable to accommodate all the land uses currently permitted in the proposed zoning district due to the fact that the site is of adequate size and shape for any proposed use. 5. Adequate access exists to the proposed site of the Pre-Zoning. Access to the project is currently being provided at Highway 79 (S) from Redhawk Parkway and Butterfield Stage Road, and Pala Road at Wolf Valley Road. 6. Said findings are supported by analysis, maps, exhibits, and environmental documents associated with this application and herein incorporated by reference. Section 3. The City Council in approving the certification of the Negative Declaration of environmental impact under the provisions of the California Environmental Quality Act, specifically finds that the approval of this Pre-Zoning will have a DeMinimis impact on fish and wildlife resources. The City Council specifically finds that in considering the record as a whole, the project involves no potential adverse effect, either individually or cumulatively, on wildlife as the same is defined in Section 711.2 of the Fish and Game Code. This is based on the fact that this action will not change any of the development activities that have previously been constructed or are currently under construction. Furthermore, the City Council finds that an initial study has been prepared by the City Staff and considered by the Planning Commission which has been the basis to evaluate the potential for adverse impact on the environment and forms the basis for the City Council's determination, including the information contained in the public hearing records, on which a Negative Declaration of environmental impact was issued and this Di minimis finding is made. In addition, the City Council finds that there is no evidence before the City that the proposed project will have any potential for an adverse effect on wildlife resources, or the habitat on which the wildlife depends. Finally, the City Council finds that the City has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in 14 California Code of Regulations 753.5(d). Section 4. The areas identified in Exhibit "A" are hereby pre-zoned Specific Plan (SP) [the Redhawk Specific Plan Area will be designated "SP 9" and the Vail Ranch Specific Plan area will be designated "SP 10"] to become effective upon annexation to the City of Temecula. Section 5. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. R:Ords198-13 2 PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 11th day of August, 1998. Ron Roberts, Mayor ATTEST: usan . Jones, C C erk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE) ss CITY OF TEMECULA I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 98-13 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 28th day of July, 1998, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 11th day of August, 1998, by the following roll call vote: AYES: 4 COUNCILMEMBERS: Comerchero, Lindemans, Stone, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Ford Susan W. Jones, CMC City Clerk R:Ords198-13 CITY OF TEMECULA SP 9 CASE NO. - PA98-0205 EXHIBIT - A -SPecific-Plan' Zoning • SP 10 ZONING MAP R:VSTAFPRM205PA98.CC 7/20198jd