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HomeMy WebLinkAbout05_042 PC Resolution PC RESOLUTION NO. 2005-42 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 TRACT MAP NO. 23103-2, TO SUBDIVIDE 18.32 ACRES INTO 40 PARCELS (37 RESIDENTIAL LOTS AND 3 OPEN SPACE LOTS) RANGING IN SIZE FROM 7,272 TO 24,803 SQUARE FEET, LOCATED AT THE NORTHWEST CORNER OF BUTTERFIELD STAGE ROAD AND CHEMIN CLlNET, AND KNOWN AS ASSESSOR'S PARCEL NOS. 953-390-007 AND 953- 050-009." (PLANNING APP~ICATION PA04-0392) WHEREAS, Vinyard View Estates, LLC, filed Planning Application Nos, PA04-0390, Specific Plan Amendment and PA04-0392, Tentative Tract Map (No, 23103-2) for the property consisting of approximately 18,32 acres generally located at the northwest corner of Butterfield Stage Road and Chemin Clinet, known as Assessors Parcel No(s), 953-390-007 and 953-050-009 ("Project"); WHEREAS, the Application 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 the Application on June 1, 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 in opposition to this matter; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended the City Council approve the Project and adopt the Negative Declaration and Mitigation Monitoring Program subject to the conditions, after finding that the project conformed to the City of Temecula General Plan and Subdivision Ordinance; and , WHEREAS, the Planning Commission adopted Resolution No, 2005-40 recommending that the City Council adopt a Negative Declaration and Mitigation Monitoring Program; WHEREAS, the Planning Commission adopted Resolution No, 2005 - 41 recommending that the City Council approve the Specific Plan Amendment; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred, NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OFTEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findinqs, The Planning Commission, in approving Planning Application No, PA04-0392 (TTM 23103-2) hereby makes the following findings as required by Section 16,09,140 of the Temecula Municipal Code: A, The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, the Subdivision Ordinance and the City of Temecula Municipal Code; R:\T M\2004\04-0392 Vinyards View Estates\PC docs\PC RESO TM.doc 1 Tentative Tract Map No, 23103-2 is consistent with the General Plan, the Subdivision Ordinance, the Development Code, and the Municipal Code because the project has been designed in a manner that it is consistent with the General Plan, Subdivision Ordinance, Development Code, Margarita Village Specific Plan, and the Municipal Code, 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; The project site is not currently in agricultural production and in the recent and historic past (up to 20 years) the site has not been used for agricultural purposes, The site is not under a Williamson Act contract nor is it zoned for agricultural uses, C, The site is physically suitable for the type and proposed density of development proposed by the tentative map, The project consists of a 40-lot (37 residential units) Tentative Tract Map on property designated for low and low medium density residential uses, which is consistent with the General Plan, as well as, the development standards for the Margarita Village Specific Plan as amended, D, The design of the subdivision and the proposed improvements, with conditions of approval, will not be likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. A Negative Declaration and Mitigation Monitoring Program have been prepared for the project, which mitigates any potentially significant impacts of the proposed project. In addition, the project has been designed to reduce any significant impacts to the environment, including noise, aesthetics, air quality, biological, and cultural resources, E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, The project has been reviewed and commented on by the Fire Prevention Division and the Building & Safety Division, As a result, the project will be conditioned to address their concerns, Further, provisions are made in the General Plan and the Development Code to ensure that the public health, safety and welfare are safeguarded, The project is consistent with these documents, F, The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible, The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible, Prior to the construction of single- family residences the applicant willlqe required to submit building plans to the Building Department that comply with the Uniform Building Code, which contains requirements for energy conservation, 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, R:IT M\2004104-0392 Vinyards View EstateslPC docslPC RESO TM,doc 2 All required rights-of-way and easements have been provided on the Tentative Map, The Public Works Department and Community Services District have reviewed the proposed division of land and adequate conditions and/or modifications have been made to the Tentative Tract Map, H, (Quimby), The subdivision is consistent with the City's parkland dedication requirements The applicant has been conditioned for payment of Quimby in-lieu fees prior to building permits, which will address the City's parkland dedication requirements, Section 2, Environmental Compliance, An Initial Study has been prepared and has determined that the project will not have any potential significant environmental impacts with the incorporated Mitigation Measures, As a result, the Planning Commission hereby recommends the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring Plan based on the Initial Study, which was prepared pursuant to CEQA Guidelines Section 15072, Section 3. Conditions, That the City of Temecula Planning Commission hereby recommends the City Council approve Planning Application No, PA04-0392, a Tentative Map for 40 lots, located at the northwest corner of Butterfield Stage Road and Chemin Clinet, subject to the conditions of approval set forth in Exhibit A, City Council Resolution, attached hereto, and incorporated herein by this reference together with any other conditions that may be deemed necessary, Da ATTEST: 7)4~-L'U~~ Debbie Ubnoske, Secretary [SEAL] .-' ~ .~c: \ -,' . . I "'0 --:,,;\'(1''-'" -', , ~, - . ". .. ....... , ,-' 1.-~7 I /.'" } ,1). .,!, '. ,. --- \." II. . '~J.. .... .~~. -"',-""... ", ., ">'- R:\T M\2004\04-0392 Vinyards View Estates\PC docs\PC RESO TM.doc 3 STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby that the PC Resolution No, 2005-42 was duiy and regularly adopted by the Planning Commission of the City of T emecula at a regular meeting thereof held on the 1st day of June, 2005, by the following vote of the Commission: AYES: 3 PLANNING COMMISSIONERS: Guerriero, Mathewson, Telesio NOES: 1 PLANNING COMMISSIONERS: Olhasso ABSENT: 1 PLANNING COMMISSIONERS: Chiniaeff ABSTAIN: o PLANNING COMMISSIONERS: None ~~. wJ-~yL- Debbie Ubnoske, Secretary R:\T M\2004\04-0392 Vinyards View Estates\PC docs\PC RESO TM.doc 4