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HomeMy WebLinkAbout98_010 PC ResolutionPC RESOLUTION NO. 98-010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA97-0327 (TENTATIVE PARCEL MAP NO. 28657, AMENDED NO. 5) TO SUBDIVIDE 58 ACRES INTO NINE PARCELS LOCATED NORTHWESTERLY OF REMINGTON AND DIAZ ROAD AND KNOWN AS ASSESSOR'S PARCEL NOS. 909-370-009, -004, -005 AND 909-120-021. WHEREAS, Westside City II LLC filed Planning Application No. PA97-0327 in accordance with the City of Temecula General Plan, Development Code and Riverside County Land Use and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, Planning Application No. PA97-0327 was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. PA97-0327 on April 1, 1998, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity 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 approved Planning Application No. PA97-0327; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated Section 2. Findings. That the Temecula Planning Commission, in approving Planning Application No. PA97-0237, hereby makes the following findings as required in Section 7.1 of County Ordinance No. 460: plans. That the proposed land division is consistent with applicable general and specific B. That the design or improvement of the proposed land division is consistent with applicable general and specific plans. R:\STAFFRPT\327PA97.PC 4121/98 klb C. That the site of the proposed land division is physically suitable for the type of development. D. That the site of the proposed land division is physically suitable for the proposed density of the development. E. That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. Studies were conducted at the site which found no evidence of rare or endangered species, including the recently listed Quino Checkerspot Butterfly. F. That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. G. That the design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. The project has been designed with access restriction to Diaz Road and portions of Winchester Road. The Public Works Department has conditioned the tentative map to relinquish and waive right of access to and from Diaz Road with the exception of two restricted, right-in/right/out access openings for parcels 1 and 6 respectively. Section 3. Environmental Compliance. An Initial Study prepared for this project indicates that although the proposed project 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 Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby granted. Section 4. Conditions. That the City of Temecula Planning Commission hereby conditionally approves Planning Application No. PA97-0327 (Tentative Parcel Map No. 28657, Amended No. 5) for the subdivision of 58 acres into nine parcels located northwesterly of Remington and Diaz Road and known as Assessor's Parcel No. 909-370-009, -004, -005 AND 909-120-021, subject to the project specific conditions set forth on Exhibit A, attached hereto, and incorporated herein by this reference. R:\STAFFRFr\327PA97.PC 4/9/98 Idb 9 PASSED, APPROVED AND ADOPTED this first day of April, 1998. Linaa Fahey, Chairman 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 first day of April, 1998 by the following vote of the Commission: AYES: 3 PLANNING COMMISSIONERS: FAHEY, GUERRIERO, MILLER NOES: 0 PLANNING COMMISSIONERS: NONE ABSENT: 1 PLANNING COMMISSIONERS: SLAVEN ABSTAIN: 1 PLANNING COMMISSIONERS: SOLTYSIAK Debbie Ubnoske, Secretary R:~TAFFRFI~2'/PA97.PC 4/9/98 klb 10