HomeMy WebLinkAbout05_028 PC Resolution
PC RESOLUTION NO. 2005.28
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL ADOPT A RESOLUTION ENTITLED "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING TENTATIVE PARCEL MAP NO.
33405 TO SUBDIVIDE TWO LOTS TOTALING 40.0 ACRES
INTO 15 PARCELS CONSISTING OF EIGHT COMMERCIAL
PARCELS, ONE MIXED-USE PARCEL, ONE MULTI-FAMILY
RESIDENTIAL PARCEL, THREE PARCELS FOR PUBLIC
RIGHT.OF.WAY FOR STREETS, AND TWO REMAINDER
PARCELS, GENERALLY LOCATED AT THE NORTHWEST
CORNER OF DIAl ROAD AND DENDY PARKWAY, KNOWN
AS ASSESSOR'S PARCEL NOS. 909-370.002 AND 909-120-
019 (PA05-0070)."
WHEREAS, Gary Wiggle, representing AGK Group, LLC, filed Planning Application Nos.
PA04-0582, Zone Change and Development Plan; and PA05-0070, Tentative Parcel Map, which
applications are hereby incorporated by reference, for the property consisting of approximately 40.0
acres, generally located at the northwest corner of Diaz Road and Dendy Parkway, known as
Assessor Parcel Nos. 909-370-002 and 909-120-019 ("Project"); and
WHEREAS, Planning Application No. PA05-0070 was processed including, but not limited to
public notice, in the time and manner prescribed by State and local law, including the California
Environmental Quality Act;
WHEREAS, the Planning Commission, at a regular meeting, considered Planning
Application No. PA05-0070 on May 4, 2005 at a duly noticed public hearing as prescribed by law, at
which time the City staff and interested persons had an opportunity to, and did, testify either in
support or opposition to this matter;
WHEREAS, at the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission adopted Resolution No. 2005-29,
recommending the City Council approve a Zone Change; adopted Resolution No. 2005-25,
recommending the City Council approve a Development Plan; and adopted Resolution No. 2005-28,
recommending the City Council approve the proposed Tentative Parcel Map;
WHEREAS, all legal preconditions to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES
RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct and are hereby incorporated
by reference.
Section 2. FindinQs. That the Planning Commission, in recommending approval of the
Application, hereby recommends the following findings as required in Section 16.09.140 of the
Temecula Municipal Code:
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A. The proposed subdivision and the design and improvements of the subdivision are
consistent with the Development Code, Subdivision Ordinance, General Plan, and the City of
Temecula Municipal Code because the proposed subdivision map is consistent with the
development standards within the Development Code, Subdivision Ordinance, and General Plan.
B. The tentative map does not propose to divide land which is subject to a contract
entered into pursuant to the California Land Conservation Act of 1965, nor is the land subject to a
Land Conservation Act contract.
C. The site is physically suitable for the uses and proposed density as shown on the
tentative map as proposed by the Applicant.
D. The design of the proposed subdivision and the proposed improvements, with
appropriate conditions of approval, is not likely to cause significant environmental damage or
substantially and avoidably injure fish or wildlife or their habitat. There are no known fish, wildlife or
habitat on the project site, and the project is not anticipated to affect any fish, wildlife or habitat off-
site. Furthermore, a Final Environmental Impact Report has been prepared and certified prior to
action on the Application; .
E. The design of the subdivision and the type of improvements are not likely to cause
serious public health problems.
F. The design of the subdivision provides for future passive or natural heating or cooling
opportunities in the subdivision to the extent feasible.
G. The design of the subdivision and the type of improvements will not conflict with
easements acquired by the public at large for access through or use of property within the proposed
subdivision, or the design of the alternate easements which are substantially equivalent to those
previously acquired by the public will be provided.
H. The subdivision is a commercial/residential project. The commercial portion of the
project is not subject to Quimby fees. The project has been conditioned that for the residential
portion of the project, the developer shall satisfy the City's park land dedication (Quimby)
requirement through the payment of in-lieu fees equivalent to 2.62 acres of park land, based upon
the City's then current land evaluation. Said requirement includes a 25% credit for private
recreational opportunities provided on-site and based on 288 residential units. The in-lieu fee shall
be pro-rated at a per-dwelling-unit cost prior to the issuance of each residential building permit
requested.
Section 3. Environmental Compliance. A Final Environmental Impact Report for the
Temecula Education Complex (Environmental Assessment EA-097) was approved by the City
Council on March 16, 2004. Per Section 15162 of the State CEQA Guidelines, when an EIR has
been certified for a project, no subsequent EIR shall be prepared for that project unless the lead
agency determines that substantial changes are proposed or will occur, or that new information of
substantial importance is available. The proposed project substantially conforms to the conceptual
plans for the Temecula Education Complex Final EIR and no new information of substantial
importance regarding the environmental review of the project has arisen since the EIR was
approved. Therefore, the Planning Commission recommends that the City Council make a finding
that the proposed project is consistent with the Final EIR for the Temecula Education Complex.
Since the adoption of the Final EIR, the Riverside County Multiple Species Habitat Conservation
Plan (MSHCP) has gone into affect. Consistent with the MSHCP, a Habitat Acquisition and
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Negotiation Strategy (HANS) report is being prepared for the project. The applicant will be required
to meet the requirements, if any, of that report prior to issuance of a grading permit
Section 4. Conditions. The Planning Commission of the City of Temecula hereby
recommends approval of the Project (PA05-0070; Tentative Parcel Map No. 33405) with conditions
of approval as attached in Council Resolution Exhibit A .
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Commission this 4th day of May, 2005.
ATTEST:
'"4e~~.u~~
Debbie Ubnoske, Secretary
-
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[SEAL]
.......: C'.
STATE OF CALlFORl)!iA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that
PC Resolution No.2005-28 was duly and regularly adopted by the Planning Commission of the City
of Temecula at a regular meeting thereof held on the 4th day of May, 2005, by the following vote of
the Commission:
NOES:
5 PLANNING COMMISSIONERS:
o PLANNING COMMISSIONERS:
Chiniaeff, Guerriero, Mathewson, Olhasso,
Telesio
AYES:
ABSENT: 0 PLANNING COMMISSIONERS:
ABSTAIN: 0 PLANNING COMMISSIONERS:
~-1'-- t/~~
Debbie Ubnoske, Secretary
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