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HomeMy WebLinkAbout91_027 PC Resolution ATTACHMENT 1 RESOLUTION NO. 91-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING REVISED CONDITIONAL USE PERMIT NO. 1090 TO PERMIT THE ADDITION OF 7 MOBILE HOME UNITS TO AN EXISTING MOBILE HOME PARK LOCATED AT THE EASTERN TERMINUS OF SOUTH GENERAL KEARNY ROAD. WHEREAS, Vedder Park Management filed Revised CUP No. 1090 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Revised CUP application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Revised CUP on April 15, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission approved said Revised CUP; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findincts. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan. (2) The plannin9 agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: A:CUP1090 6 a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time, b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan, c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B, The Riverside County General Plan. as amended by the Southwest Area Community Plan. {hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time. the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan, C. The proposed Revised CUP meets the requirements set forth in Section 65360 of the Government Code, to wit: (1) The city is proceeding in a timely fashion with a preparation of the general plan. (2) The Planning Commission finds, in approving projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: a) There is reasonable probability that Revised CUP No. 1090 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time, b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. A:CUP1090 7 D. (1) Pursuant to Section 18.26(e), no CUP may be approved unless the applicant demonstrates the proposed use will not be detrimental to the health safety and welfare of the community, and further, that any CUP approved shall be subject to such conditions as shall be necessary to protect the health, safety and general welfare of the community. (2) The Planning commission, in approving the proposed Revised CUP, makes the following findings, to wit: a) There is a reasonable probability that Revised Conditional Use Permit No. 1090 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law due to the fact that the proposed development is consistent with the existing zoning and surrounding development. b) There is not a likely probability of substantial detriment to or interference with the future General Plan, if the proposed use is ultimately inconsistent with the plan due to the fact that the proposed mobile home park expansion is consistent with the existing zoning, and the permitted uses of the surrounding area. c) The proposed use or action complies with State planning and zoning laws due to the fact that the proposed use complies with Ordinance No. 348 with the Conditional Use Permit approval, and the action complies with State Planning Laws. d) The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuration, circulation patterns, access, and intensity of use due to the fact that the proposed development complies with the standards of Ordinance No. 348 and Title 25. e) The project as designed and conditioned will not adversely affect the public health or welfare due to the fact that the project is consistent with surroundin9 development and has been conditioned to provide the necessary infrastructure for public health and welfare. A:CUP1090 8 f) The project is compatible with surrounding land uses. The harmony in scale, bulk. height, intensity, and coverage creates a compatible physical relationship with adjoining properties due to the fact that the proposed expansion is consistent with the current mobile home park development and Specific Plan No. 199. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the present or planned land use of the area due to the fact that the surrounding properties are also zoned residential or specific plan. h) The project has acceptable access to a dedicated right-of-way which is open to. and useable by, vehicular traffic due to the fact that the vehicular improvements of the proposed development has been approved by the Traffic Engineering Staff. i) The project as designed and conditioned will not adversely affect the built or natural environment as determined in the initial study performed for this project. j) The design of the project and the type of improvements are such that they are not in conflict with easements for access through or use of the property within the proposed project, E, As conditioned pursuant to SECTION 3. the CUP proposed is compatible with the health, safety and welfare of the community. SECTION 2, Environmental Compliance, An Initial Study prepared for this project indicates that the proposed project will not have a significant impact on the environment, and a Negative Declaration, therefore, is hereby granted. SECTION 3. Conditions, That the city of Temecula Planning Commission hereby approves Revised CUP No, 1090 for the addition of 7 mobile home units to an existing mobile home park located at the eastern terminus of South General Kearny Road subject to the following conditions: A, Attachment 2, A:CUP1090 9 SECTION q. PASSED, APPROVED AND ADOPTED this 15th day of April. 1991, DE-NNIS CHINIAEFF 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 15th day of April. 1991 by the following vote of the Commission: AYES: 4 PLANNING COMMISSIONERS NOES: 0 PLANNING COMMISSIONERS ABSENT: 1 PLANNING COMMISSIONERS A:CUP1090 10 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION April 15. 1991 Case No.: Revised Conditional Use Permit No. 1090 Prepared By: Steve Jiannino Recommendation: The Planning Department Staff recommends that the Planning Commission: 1. ADOPT the Negative Declaration for Revised Conditional Use Permit No. 1090; and 2. ADOPT Resolution No. 91-27 approving Revised Conditional Use Permit No. 1090 based on the analysis contained in the Staff Report and subject to the attached Condtions of Approval. APPLICATION INFORMATION APPLICANT: Vedder Park Management REPRESENTATIVE: Engineering Ventures PROPOSAL: 7 unit addition to an existing mobile home park. LOCATION: Eastern terminus of South General Kearny Road. EXISTING ZONING: R-R (Rural Residentiall SURROUNDING ZONING: North: SP 199 (Specific Plan No. 199) South: SP 199 (Specific Plan No. 199) East: SP 199 (Specific Plan No. 199) West: SP 199 (Specific Plan No. 199) PROPOSED ZON I NG: Same. EXISTING LAND USE: Vacant A:CUPI090 SURROUNDING LAND USES: North: Existing Mobile Home Park South: Golf Course East: Vacant West: Vacant PROJECT STATISTICS: Site: 38.84 acres Additional Developed Area: 1.5 acres No. of New Units 7 units Total No. of Units 191 units Total Dwelling Units/Acre: 4.97 DU/AC Current Dwelling Units/Acre: [1.85 DU/AC SWAP Designation: 2-4 DU/AC BACKGROUND: The County approved Conditional Use Permit No. 1090 in 1969. The project approval required the half-width dedication of South General Kearny Road of 44 feet. The Buie Corporation has requested the vacation of South General kearny Road in conjunction with development of Specific Plan No. 199. The vacation of South General Kearny Road gives the previously dedicated 44 feet back to the mobile home park. The park is requesting to revise the approved Conditional Use Permit No. 1090 to develop the area being vacated. ANALYSIS: The proposed project is for the addition of 7 mobile home units within an existing mobile home park. The construction area will involve approximately 1.5 acres which includes the vacated area of South General Kearny Road. The area is currently graded with the existing slopes being landscaped. The construction of the internal park's boundaries must conform to Title 25 requirements with inspection being completed by the State. The project has been reviewed at both the Pre and Formal Development Review Committees (DRC). The project was originally designed for 8 units, but to address the concerns of Staff, a unit was eliminated to provide a cul-de-sac at the end of the private street. The project has been conditioned to provide the street improvements on South General Kearny to provide a full cul-de-sac at the terminus of South General Kearny Road. A:CUP1090 2 The existing mobile home park is developed at a density of 4.85 dwelling units per acre. The new proposal will increase the density to 4.97 dwelling units per acre. The Southwest Area Community Plan (SWAP) designated the site as 2-4 DU/AC which is inconsistent with the current established land use. It appears that a General Plan density of 2-5 DU/AC would be appropriate to show the existing condition. The proposed project conforms to a land use density of 2-5 DU/AC. The current mobile home park is a senior complex and the required impact fees have been established to reflect the senior requirement for park residents. GENERAL PLAN AND SWAP CONSISTENCY: The project is consistent with the current development of the site and should therefore be consistent with the future General Plan under consideration by the City. The R-R (Rural Residential) zoning allows mobile parks provided a Conditional Use Permit is approved for the project. Thus, the proposed project is consistent with the zoning for the site. ENVIRONMENTAL DETERMINATION: An initial environmental study has been complete for the project and no significant impacts are anticipated with development of the site and a Negative Declaration is being recommended for adoption. CONCLUSION: The proposed project conforms to the existing mobile home project and has been designed to meet Staff's concerns. Staff is therefore recommending that the Planning Commission approve Revised Conditional Use Permit No. 1090. FINDINGS: 1. There is a reasonable probability that Revised Conditional Use Permit No. 1090 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law due to the fact that the proposed development is consistent with the existing zoning and surrounding development. A:CUP1090 3 2. There is not a likely probability of substantial detriment to or interference with the future General Plan. if the proposed use is ultimately inconsistent with the plan due to the fact that the proposed mobile home park expansion is consistent with the existing zoning, and the permitted uses of the surrounding area. 3. The proposed use or action complies with State planning and zoning laws due to the fact that the proposed use camplles with Ordinance No. 348 with the Conditional Use Permit approval, and the action complies with State Planning Laws. 4. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuration, circulation patterns, access, and intensity of use due to the fact that the proposed development complies with the standards of Ordinance No. 348 and Title 25. 5. The project as designed and conditioned will not adversely affect the public health or welfare due to the fact that the project is consistent with surrounding development and has been conditioned to provide the necessary infrastructure for public health and welfare. 6. The project is compatible with surrounding land uses, The harmony in scale, bulk, height, intensity, and coverage creates a compatible physical relationship with adjoining properties due to the fact that the proposed expansion is consistent with the current mobile home park development and Specific Plan No, 199. 7, The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the present or planned land use of the area due to the fact that the surrounding properties are also zoned residential or specific plan, A:CUP1090 4 8. The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic due to the fact that the vehicular improvements of the proposed development has been approved by the Traffic Engineering Staff. 9. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the initial study performed for this project. 10. The design of the project and the type of improvements are such that they are not in conflict with easements for access through or use of the property within the proposed project. STAFF RECOMMENDATION: The Planning Department Staff recommends that the Planning Commission: 1. ADOPT the Negative Declaration for Revised Conditional Use Permit No. 1090; and 2. ADOPT Resolution No. 91-27 approving Revised Conditional Use Permit No. 1090 based on the analysis contained in the Staff Report and subject to the attached Condtions of Approval. SJ:ks Attachments: 1. Resolution 2. Conditions of Approval 3. Environmental Assessment A: CUP1090 5