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HomeMy WebLinkAbout99_049 PC ResolutionPC RESOLUTION NO. 99-049 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE SPECIFIC PLAN OVERLAY MAP (FIGURE 2-5) OF THE GENERAL PLAN (PLANNING APPLICATION NO. PA99-0244) FOR THE PROPERTY LOCATED ON THE EAST SIDE OF MARGARITA ROAD AT THE NORTHERN CITY LIMIT AND KNOWN AS ASSESSOR'S PARCEL NUMBER 911-540-003" AND ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP TO CHANGE THE ZONING FROM SP (SPECIFIC PLAN) TO LOW MEDIUM (LM) DENSITY RESIDENTIAL (PLANNING APPMCATION PA 99-0245) ON THE PROPERTY LOCATED ON THE EAST SIDE OF MARGARITA ROAD AT THE NORTHERN CITY LIMIT AND KNOWN AS ASSESSOR'S PARCEL NUMBER 911-640-003". WHEREAS, Lennar Communities submitted Planning Application No. PA99-0244 (General Plan Amendment) and PA99-0245 (Zoning Amendment), in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA99-0244 (General Plan Amendment) and PA99- 0245 (Zoning Amendment) was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula Library, Pujol Street Community Center, and the Temecula Valley Chamber of Commerce; and, WHEREAS, the Planning Commission considered Planning Application No. PA99-0244 (General Plan Amendment) and PA99-0245 (Zoning Amendment) on December 8, 1999, at a duly noticed public headng as prescribed by law, at which time the City staff and interested persons had an oppodunity to, and did testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended approval of Planning Application No. PA99-0244 (General Plan Amendment) and PA99-0245 (Zoning Amendment); NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. FindinRs. A. The Planning Commission, in recommending approval of the General Plan Amendment, make the following findings: 1. The amendment is compatible with the health, safety and welfare of the community. The amendment is compatible with the health, safety and welfare of the community. The proposed General Plan Amendment is not changing the land use designation, density or permitted use types which might adversely effect the health, safety and welfare of the community. The R:~TAFFRFI'~,43 p a99 .I~C .do~ 9 amendment is simply removing the subject site from Figure 2-5, Specific Plan Overlay zone, and reverting the zoning back to the existing Land Use Designation of Low Medium Density Residential to be consistent with the Land Use Map. Therefore, the project will not have an adverse effect on the health, safety and welfare of the community. 2. The amendment is compatible with existing and surrounding uses. The subdivision is compatible with the surrounding areas as the project is for single family residential homes which are similar land uses in the immediate area. Furthermore, the future homes will be developed pursuant to the General Plan, the Development Code and all of which regulate residential parcels and development. In addition, the proposed subdivision provides adequate access and circulation for emergency vehicles and will not impact existing circulation or emergency vehicle access. The project as conditioned, will comply with the City's Development Code, General Plan and subdivision requirements upon approval of the corresponding General Plan Amendment (PA99- 0244) and Zoning Amendment (PA99-0245). 3. The amendment will not have an adverse effect on the community and is consistent with the goals and policies of the adopted General Plan. The proposed subdivision and future residential development is a permitted use in the existing SP (Specific Plan) and Land Use Designation of the Low Medium (LM) Density Residential zoning classification. The project is being developed in conformance with the General Plan Land Use Designation and Development Code standards of Low Medium (LM) Density Residential. The proposed density is below the target density of 4.5 dwelling units per acre (du/ac) with a proposed density of 3.9 du/ac. Therefore, the amendment will not have an adverse effect on the community and is consistent with the goals and policies of the adopted General Plan. B. The Planning Commission, in recommending approval of the Zoning Amendment, make the following findings: 1. The change is compatible with the health, safety and welfare of the community. The proposed General Plan Amendment is not changing the land use designation, density or permitted use types which might adversely effect the health, safety and welfare of the community. The amendment is simply removing the subject site from Figure 2-5, Specific Plan Overlay zone, and reverting the zoning back to the existing Land Use Designation of Low Medium Density Residential to be consistent with the Land Use Map. Therefore, the project will not have an adverse effect on the health, safety and welfare of the community. 2. The amendment is compatible with existing and surrounding uses. The subdivision is compatible with the surrounding areas as the project is for single family residential homes which are similar land uses in the immediate area. Furthermore, the future homes will be developed pursuant to the General Plan, the Development Code and all of which regulate residential parcels and development. In addition, the proposed subdivision provides adequate access and circulation for emergency vehicles and will not impact existing circulation or emergency vehicle access. The project as conditioned, will comply with the City's Development Code, General Plan and subdivision requirements upon approval of the corresponding General Plan Amendment (PA99- 0244) and Zoning Amendment (PA99-0245). 3. The change will not have an adverse effect on the community and is consistent with the goals and policies of the adopted General Plan. The proposed subdivision and future residential development is a permitted use in the existing SP (Specific Plan) and Land Use Designation of the Low Medium (LM) Density Residential zoning classification. The project is being developed in conformance with the General Plan Land Use Designation and Development Code standards of Low Medium (LM) Density Residential. The proposed density is below the target density of 4.5 dwelling units per acre (du/ac) with a proposed density of 3.9 du/ac. Therefore, the amendment will not have an adverse effect on the community and is consistent with the goals and policies of the adopted General Plan. R:~$TAFFRP~243pa99 .I~C .do~ 10 Section 3. Environmental Compliance. An Initial Study prepared for these projects which indicates that although the proposed projects could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Mitigation Monitoring Program and the Conditions of Approval that have been added to the project. Therefore, a Mitigated Negative Declaration is hereby adopted. Section 4. The City of Temecula Planning Commission hereby recommends approval of Planning Application No. PA99-0244 and PA99-0245 (General Plan Amendment and Zoning Amendment) and recommends that the City Council do the following: A. Approve a Resolution entitled "A Resolution of the City Council of the City of Temecula Amending the Specific Plan Overlay Map of the General Plan for the property located on the east side of Margarita Road at the northern City limit and known as Assessor's Parcel Number 911-640-003" (Planning Application No. PA99-0244 and PA99-0245)" substantially in the form that is attached to this resolution as Exhibit A; and, B. Adopt an Ordinance entitled "An Ordinance of the City Council of the City of Temecula Amending the Zoning Map of the City of Temecula City to change the zoning from SP (Specific Plan) to LM (Low Medium Density Residential) on the property located on the east side of Margarita Road at the northern City limit and known as Assessor's Parcel No. Number 911-640-003 (Planning Application No. PA99-0245)" substantially in the form that is attached to this resolution as Exhibit B. PASSED, APPROVED, AND ADOPTED this 8th day of December 1999. Ron ~ue~'iero~ Ct{ai~person I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 8th day of December, 1999 by the following vote of the Commission: AYES: 4 PLANNING COMMISSIONERS: FAHEY, GUERRIERO, MATHEWSON, WEBSTER NOES: 0 PLANNING COMMISSIONERS: NONE ABSENT: 0 PLANNING COMMISSIONERS: NONE Debbie Ubnoske, Secreta~J R:~STAFFRFT~43pa99.PC.doc 11