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HomeMy WebLinkAbout91_042 PC Resolution RESOLUTION NO. 91-1~2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF PLOT PLAN NO. 10969 TO CONSTRUCT A 2 STORY STRUCTURE FOR COMMERCIALUSES TOTALING 3,u,000/- SQUARE FEET: FIRST FLOOR - 1.700+/- SQUARE FEET COMMERCIAL; SECOND FLOOR CARETAKER RESIDENTIAL OCCUPANCY OF 1,700o/- SQUARE FEET; TOTAL OCCUPIABLE FLOOR AREA OF BOTH FLOORS: 3.qO00/- SQUARE FEET; ON A PARCEL CONTAINING 0.17+!- ACRES LOCATED SOUTHWESTERLY OF MAIN AND MERCEDES STREETS IN OLD TOWN TEMECULA AND KNOWN AS ASSESSOR'S PARCEL NO. 922-011q-00~. WHEREAS, Mr. Robert D. Morris filed Plot Plan No. 10969 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Plot Plan application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission conducted a public hearing pertaining to said Plot Plan on May 20, 1991, at which time interested persons had opportunity to testify either in support or opposition to said Plot Plan; and WHEREAS, the Planning Commission received a copy of the Staff Report regarding the Plot Plan; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findings. 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 followin9 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 planning agency finds, in approving projects and taking other actions, includin9 the issuance of building permits, each of the following: A:PP10969 1 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, I 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. 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. l 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 Plot Plan is consistent with the SWAP and meet 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, 12) The Planning Commission finds, in recommending approval of 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 Plot Plan No. 10969 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:PP10969 2 D. (1) Pursuant to Section 18.30(c), no plot plan may be approved unless the following findings can be made: a) The proposed use must conform to all the General Plan requirements and with all applicable requirements of state law and City ordinances. b) The overall development of the land is designed for the protection of the public health, safety and general welfare; conforms to the logical development of the land and is compatible with the present and future logical development of the surrounding property. 12) The Planning Commission, in recommending approval of the proposed Plot Plan, makes the following findings, to wit: a) There is a reasonable probability that Plot Plan No. 10969 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law. The pro~ect, as proposed, conforms with existing applicable city zoning and development ordinances. Further, the proposal is characteristic of similar development approved by the City to date. b) There is not a likely probability of substantial detriment to, or interference with the City's future General Plan, if the proposed use is ultimately inconsistent with the plan. The project is of insignificant scale in context of the broad goals and directives anticipated in the City's General Plan. c) The proposed use or action complies with State plannln9 and zoning laws. Reference local Ordinances No. 348. 460; and California Governmental Code Sections 65000-66009 (Planning and Zoning Law). 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. Adequate site circulation, parking, and landscaping are provided; as well as sufficient area to appropriately construct the A:PP10969 3 proposed structure, reference proposed Plot Plan No. 10969. Exhibit D of the Staff Report. e) The project, as designed and conditioned. will not adversely affect the public health or welfare; nor will it adversely impact the built or natural environment as determined in the Initial Environmental Assessment of this proposal, Reference the attached project Conditions of Approval and Initial Environmental Study. Attachments 2 and 3 respectively, f) 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, The project conforms with applicable land use and development regulatlons, and reflects design aspects currently existing in the proposal's general vicinity, g) The project has acceptable access to a dedicated right-of-way which is open to. and useable by. vehicular traffic. The project site's primary frontage is on Main Street. a dedicated City right-of-way. Improvement of the abutting rear alley-way shall be as per the City Engineering Department (reference Attachment No. 3, Conditions of Approval. PP 10969), h) The design of the project together with the type of supporting improvements are such that they are not in conflict with easements for access through, or use of the property within the proposed project. None are exhibited on the underlying parcel map. nor are easements evident on deedls) describing the property in question, i) That said findings are supported by minutes. maps. exhibits and environmental documents associated with these applications and herein incorporated by reference, Supporting documentation is attached. A:PP10969 4 E. As conditioned pursuant to SECTION 3. the Plot Plan proposed conforms to the logical development of its proposed site. and is compatible with the present and future development of the surrounding property. SECTION 2. 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 9ranted. SECTION 3. Conditions. That the City of Temecula Planning Commission hereby approves Plot Plan No. 10969 to construct a 2 story structure for commercial uses total square feet: first floor 1.700+J- square feet of commercial, second floor caretaker residential occupancy of 1.700+/- square feet; total occupiable floor area of both floors: 3.~,00+J- square feet; on a parcel containing 0.17+/- acres located southwesterly of Main and Mercedes Streets in Old Town Temecula and known as Assessor's Parcel No. 922-044-004 subject to the following conditions: A. Attachment 2, attached hereto. SECTION 4. PASSED, APPROVED AND ADOPTED this 20th day of May, 1991. D1ENNIS (THINIAEFF ~ CHAIRMAN I HEREBY CERTIFY that the foregoin9 Resolution was duly adopted by the Plannln9 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 Commission: AYES: 4 PLANNING COMMISSIONERS NOES: 0 PLANNING COMMISSIONERS ABSENT: 1 PLANNING COMMISSIONERS A:PP10969 5