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HomeMy WebLinkAbout91_041 PC Resolution RESOLUTION NO. 91-41 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING VARIANCE NO. 7 TO PERMIT THE DEVELOPMENT OF UNITS BELOW THE REQUIRED 1.000 SQUARE FOOT MINIMUM GROUND FLOOR LIVING AREA PER ORDINANCE NO. 348 LOCATED AT THE SOUTH SIDE OF HIGHWAY 79 BETWEEN PALA ROAD AND MARGARITA ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 926-016-025. WHEREAS. Presley of San Diego filed Variance No. 7 in accordance with the Riverside County Land Use. Zoning. Planning and Subdivision Ordinances. which the City has adopted by reference; WHEREAS. said Variance application was processed in the time and manner prescribed by State and local law; WHEREAS. the Planning Commission considered said Variance on May 20. 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 recommended approval of said Variance; NOW. THEREFORE. THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE. DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findincjs. That theTemecula 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 130) 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: ll) The city is proceeding in a timely fashion with the preparation of the general plan. 12) The planning agency finds, in approving projects and taking other actions, includin9 the issuance of building permits, each of the following: A:VAR7 1 (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, lb) 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 Variance is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code. to wlt: (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: la) There is reasonable probability that Variance No, 7 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. A:VAR7 2 (c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. (1) Pursuant to Section 18.27(a), a variance may be granted because of special circumstances applicable to a parcel of property, including size, shape, topography, location or surroundings; the strict application of this ordinance deprives such property of privileges enjoyed by other property in the vicinity that is under the same zoning classification. (2) The Planning Commission in approving the proposed Variance, makes the following Findings, to wit: a) The applicant's intention is to provide an alternative moderate income form of housing at a lower density. However, the project's design does not meet PRD Standards. A literal interpretation of the code, requires that residential buildings have a minimum ground floor living area of 1,000 square feet. Planning Staff has determined that the project as designed is unlike any other condominium development in that the project proposes single family detached condominium units rather than the conventional attached condominium developments, therefore requiring a variance from the required 1,000 square foot minimum ground floor living area. b) The variance is necessary in order for the applicant to develop single family detached condominium units with the characteristics found in an ideal single family home, rather than the common attached condominium developments. c) The granting of the variance will not be detrimental to public welfare in that the development, as designed and conditioned, is suitable to accommodate the proposed land use in terms of the circulation patterns, access and density. In addition, the proposal will not have an adverse affect on surrounding property because it does not represent a significant change to the present and proposed land use of the area. A:VAR7 3 d) The granting of the variance will not be contrary to the Southwest Area Community Plan or future General Plan when it is adopted in that the proposed development is consistent with existing densities and uses in vicinity of the project site. In addition, the overall density for the entire 221 acres ~VTM 23267 and VTM 26861) is 3.7 DU/AC which conforms to the SWAP designation of 2-5 DU/AC. D. Pursuant to Section 18.26(e), no Variance 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 Variance approved shall be subject to such conditions as shall be necessary to protect the health, safety and general welfare of the community. E. As conditioned pursuant to SECTION 3, the Variance proposed is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. The County of Riverside Board of Supervisors certified EIR No. 281 in conjunction with the approval of Vesting Tentative Tract Map Nos. 23287 and 23299. Vesting Tentative Tract Map No. 26881 will not result in any new or substantially increased environmental impacts. An addendum to EIR No. 281 is hereby recommended for adoption. SECTION 3. Conditions. That the city of Temecula Planning Commission hereby approves Variance No. 7 to permit for the development of units below the required 1.000 square foot minimum ground floor living area per Ordinance No. 348 located at the south side of Highway 79 between Pala Road and Margarita Road and known as Assessor's Parcel No. 926-018-025. SECTION 4. PASSED. APPROVED AND ADOPTED this 20th day of May. 1991. I~ENNIS CHINIAEFF CHAIRMAN A:VAR7 4 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 20th day of May, 1991 by the following vote of the Council: AYES: 5 PLANNING COMMISSIONERS NOES: 0 PLANNING COMMISSIONERS ABSENT: 0 PLANNING COMMISSIONERS A:VAR7 5