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HomeMy WebLinkAbout91_071 PC Resolution ATTACHMENT NO. 1 RESOLUTION NO. 91-71 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLOT PLAN NO. 226 TO CONSTRUCT A COMMERCIAL RETAIL COMPLEX OF 3 STRUCTURES TOTALING 27,150+/- SQUARE FEET ON A PARCEL CONTAINING 2.53 ACRES GENERALLY LOCATED AT THE SOUTHWESTERLY CORNER OF MARGARITA AND PAUBA ROADS AND KNOWN AS ASSESSOR'S PARCEL NO. 945-110-003. WHEREAS, Mr. Sam McCann filed Plot Plan No. 226 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 August 5, 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 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. A:PP226 11 (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: (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 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. (2) The Planning Commission finds, in approving of projects and taking other actions, including the issuance of building permits, 3ursuant to this title, each of the following: a) There ~s reasonable probability that Plot Plan No. 226 proposed will be consistent with the A:PP226 12 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. 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. (2) The Planning Commission, in approving of the proposed Plot Plan, makes the following findings, to wit: a) There is a reasonable probability that Plot Plan No. 226 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 project, 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 A:PP226 13 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 planning 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 proposed building, Reference Exhibits D and E. e) The project as designed and conditioned will not adversely affect the public health or welfare. Reference the proposal's Initial Environmental Assessment, (Attachment No. 3), and project Conditions of Approval (Attachment No. 2). 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 regulations and reflects design aspects currently existing within the City. g) The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic. The project draws access from both Margarita and Pauba Roads, dedicated City rights-of-way, which will be improved as necessary to realize their respective ultimate design configurations. Project access, as designed, conforms with A:PP226 14 applicable City Engineering standards and ordinances. h) 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. Reference the attached Initial Environmental Study and Conditions of Approval for Plot Plan No. 226. i) 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. Reference the proposed site design in the context of the approved, underlying parce map configuration. j) That said findings are supported by minutes, maps, exhibits and environmental documents associated with this application and herein incorporated by reference. Supporting documentation is attached. 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 granted. SECTION 3. Conditions. That the City of Temecula Planning Commission hereby approves Plot Plan No. 226 to construct a commercial retail complex of three (3) structures totaling 27,150 +/- square feet generally located at the southwesterly corner of Margarita and Pauba Roads and known as Assessor's Parcel No. 945-110-003 subject to the A:PP226 15 following conditions: A. Attachment No. 2, attached hereto. SECTION 4. PASSED, APPROVED AND ADOPTED this 5th day of August, 1991. 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 5th day of August, 1991 by the following vote of the Commission: AYES: 5 PLANNING COMMISSIONERS NOES: 0 PLANNING COMMISSIONERS ABSENT: 0 PLANNING COMMISSIONERS A:PP226 16