HomeMy WebLinkAbout92_016 PC Resolution ATTACHMENT NO. 1
RESOLUTION NO. 92-016
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA APPROVING PLOT PLAN NO. 11001, AMENDED
NO. 3, EXTENSION OF TIME TO EXTEND THE APPROVAL
PERIOD FOR PLOT PLAN NO. 11001, AMENDED NO. 3 ON A
PARCEL CONTAINING 13.8 ACRES LOCATED SOUTH OF
MARGARITA ROAD, APPROXIMATELY 400 FEET EAST OF
MORAGA ROAD AND 550 FEET NORTH OF RANCHO
CALIFORNIA ROAD AND KNOWN AS ASSESSOR'S PARCEL NO.
921-370-002, 003.
WHEREAS, David E. Walsh Co. filed Plot Plan No. 11001, Amended No. 3
Extension of Time 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 March 16, 1992, at which time interested persons had opportunity to testify
either in support or opposition to said Plot Plan; and
WHEREAS, at the conclusion of the Commission hearing, the Commission
recommended approval of said Plot Plan;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA
DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION I. Findings.
That the Temecula Planning Commission hereby makes the following findings:
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:
The city is proceeding in a timely fashion with the preparation of the general
plan.
The planning agency finds, in approving projects and taking other actions,
including the issuance of building permits, each of the following:
(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.
(2)
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.
(3)
The proposed use or action complied with all other applicable
requirements of state law and local ordinances.
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.
The proposed Plot Plan is consistent with the SWAP and meet the requirements set
forth in Section 65360 of the Government Code, to wit:
The City is proceeding in a timely fashion with a preparation of the general
plan.
The Planning Commission finds, in approving of projects and taking other
actions, including the issuance of building permits, pursuant to this title, each
of the following:
(1)
There is reasonable probability that Plot Plan No. 11001,
Amended No. 3 Extension of Time proposed will be consistent
with the General Plan proposal being considered or studied or
which will be studied within a reasonable time. The project is
consistent with Ordinance No. 348 and SWAP and therefore it
is likely to be consistent with the future General Plan upon its
adoption.
(2)
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 project
is compatible with surrounding land uses. The project conforms
to existing R-3-2,750 zoning and the SWAP 8-16 du/ac
designation.
(3)
The proposed use or action complies with all other applicable
requirements of state law and local ordinances. The project is
consistent with Ordinance No. 348.
4. Pursuant to Section 18.30(c), no plot plan may be approved unless the following
findings can be made:
The proposed use must conform to all the General Plan requirements and with
all applicable requirements of state law and City ordinances.
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.
The Planning Commission, in approving the proposed Plot Plan, makes the following
findings, to wit:
There is a reasonable probability that Plot Plan No. 11001, Amended No. 3
Extension of Time will be consistent with the City's future adopted General
Plan, which will be completed in a reasonable time and in accordance with
State law. Plot Plan No. 11001, Amended No. 3 Extension of Time is a
residential project. The proposed site is designated as residential by SWAP.
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. If the proposed use is inconsistent, it will not be detrimental because of
the residential nature of surrounding uses.
The proposed use or action complies with State planning and zoning laws. The
proposed use complies with local planning and zoning laws which are prepared
in conformance with State planning and zoning laws.
The site is suitable to accommodate the proposed land use in terms of
circulation patterns, access, and intensity of use. The proposed plot plan is in
conformance with Ordinance No. 348.
The project as designed and conditioned will not adversely affect the public
health or welfare. Potential impacts are mitigated to a level of non-significance
under the previously completed Environmental Assessment and Conditions of
Approval.
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, through appropriate building mass reduction
techniques and landscape installation, and distance from planned adjacent
structures.
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 to the existing R-3-2,750 zoning and SWAP 8-
16 du/ac designation. Zoning on adjacent sites is R-l, R-3-2,500, R-3-3,000
and R-3. The SWAP designation on adjacent sites is 8-16 du/ac.
The project has acceptable access to a dedicated right-of-way which is open
to, and useable by, vehicular traffic. The project will take access from
Margarita Road.
The design of the project, the type of improvements, and the resulting street
layout are such that they are not in conflict with easements for access through
or use of the property within the proposed project. The project has adequate
circulation throughout the entire site.
Said findings are supported by minutes, maps, exhibits and environmental
documents associated with these applications and herein incorporated by
reference. This Staff Report contains mapping and Conditions of Approval
which support the Staff recommendation.
As conditioned pursuant to SECTION III, 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 II. Environmental Compliance.
That the City of Temecula Planning Commission hereby determines that the previous
environmental determination (Adoption of Negative Declaration for Environmental Assessment
No. 33522 for Plot Plan No. 11001, Amended No. 3) still applies to Plot Plan No. 11001,
Amended No. 3 Extension of Time.
SECTION III. Conditions.
That the City of Temecula Planning Commission hereby approves Plot Plan No. 11001,
Amended No. 3 Extension of Time extending the approval period for Plot Plan No. 11001,
Amended No. 3 on a parcel containing 13.8 acres located south of Margarita Road,
approximately 400 feet east of Moraga Road and 550 feet north of Rancho California Road
and known as Assessor's Parcel No. 921-370-002, 003 subject to the following conditions:
1. Attachment No. 2, hereto.
SECTION IV.
PASSED, APPROVED AND ADOPTED this 16th day of March 1992.
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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 16th day of
March 1992 by the following vote of the Commission:
AYES: 4
PLANNING COMMISSIONERS:
HOAGLAND, CHINIAEFF, FAHEY,
FORD
NOES:
1 PLANNING COMMISSIONERS: BLAIR
ABSENT: 0 PLANNING COMMISSIONERS: NONE
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