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HomeMy WebLinkAbout08_028 PC ResolutionPC RESOLUTION NO. 08-28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0306, A FIRST EXTENSION OF TIME FOR TRACT MAP NO. 32346 TO SUBDIVIDE 28.6 ACRES INTO 71 SINGLE FAMILY RESIDENTIAL LOTS LOCATED ON THE NORTH SIDE OF NICOLAS ROAD, EAST OF JOSEPH ROAD (APNS 957-080-014 AND 957- 080-019) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On March 16, 2005, the Planning Commission approved Planning Application No. PA04-0178, Tentative Tract Map No. 32346. B. On October 30, 2007 Colleen Harris, on behalf of Apex Engineering, filed Planning Application No. PA07-0306, Extension of Time, in a manner in accord with the City of Temecula General Plan and Development Code. C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Application and environmental review on June 18, 2008, 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. E. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA07-0306 subject to and based upon the findings set forth hereunder. F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: A. The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, General Plan, any applicable Specific Plan and the City of Temecula Municipal Code; Staff finds that Tentative Map No. 32346 as previously approved and conditioned is consistent with the General Plan, the Subdivision Ordinance, the Development Code, and the Municipal Code because the project meets design standards as required in the General Plan, Subdivision Ordinance, Development Cody 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, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use; The proposed land division is not land designated for conservation or agricultural use. C. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map; The project consists of a 71 lot Tentative Tract Map on property designated for low medium density residential uses, which is consistent with the General Plan. The density for the project falls below the top of the density range as described in the General Plan. D. The design of the subdivision and the proposed improvements, with Conditions of Approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat; No impacts beyond those already identified for the previously approved Tentative Map and Development Plan are anticipated from the creation of the 71 residential parcels. 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 Department, Public Works Department and the Building and Safety Department. 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 will be 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, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided; All required rights-of--way and easements have been provided on the Tentative Map. The City of Temecula has reviewed these easements and has found no potential conflicts. H. The subdivision is consistent with the City's parkland dedication requirements (Quimby); Appropriate parkland dedication or in-lieu fees will be required at Final Map recordation. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Extension of Time: A. Pursuant to the California Environmental Quality Act ("CEQA), the Planning Commission has considered the proposed Extension of Time. The Planning Commission has also reviewed and considered the Negative Declaration previously adopted for the Project, approved by the Planning Commission as Planning Application No. PA04-0178 on March 16, 2005. Based on that review, the Planning Commission finds that the proposed Extension of Time does not require the preparation of a subsequent Negative Declaration as none of the conditions described in Section 15162 of the CEQA Guidelines (14 Cal. Code Regs. 15162) exist. Specifically, the Planning Commission also finds that the proposed Extension of Time does not involve significant new effects, does not change the baseline environmental conditions, and does not represent new information of substantial importance which shows that the Extension of Time will have one or more significant effects not previously discussed in the Negative Declaration. All potential environmental impacts associated with the proposed Extension of Time are adequately addressed by the prior Negative Declaration. An Notice of Determination pursuant to Section15162 of the CEQA Guidelines (14 Cal. Code Regs) is therefore the appropriate type of CEQA documentation for the Extension of Time, and no additional environmental documentation is required. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA07-0306, a First Extension of Time for Tentative Tract Map No. 32346, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 18th day of June 2008. John Telesio, Chairman ATTEST: i l~~ ~ G~ ".-Y Debbie Ubnoske, Secretary -,. _ a,1•., [SEAL]` ti .., ~' ~, ... j ` STATE OF CALIFOl~NIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 08-28 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 18th day of June 2008, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Telesio NOES: 1 ABSENT: 0 PLANNING COMMISSIONERS Chiniaeff PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None ~~~ ~ y -~ Debbie Ubnoske, Secretary EXHIBIT A FINAL CONDITIONS OF APPROVAL SCANNED: ~~3~4d' G DRIVE: T~j~UP' PERMITS PLUS: J~3~IY INITIALS: PLANNER: ~,~V//~G.t~ ACCEPTANCE OF CONDITIONS OF APPROVAL I, Colleen Harris, understand that Planning Application No. PA07-0306 has been approved with Conditions of Approval which are set forth in Exhibit A. I have read the Conditions of Approval contained in PC Resolution No. 08-28 and understand them. Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions. S/G~ll TURF DATE EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA07-0306 Project Description: A First Extension of Time for Tentative Tract Map No. 32346 to subdiviide 28.6 acres into 71 single-family residential lots with a minimum lot size of 7,200 square feet located on the north side of Nicolas Road, east of Joseph Road Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Approval Date: Expiration Date: PLANNING DEPARTMENT 957-080-14 and 957-080-19 Residential 8 DU or Less Residential Residential -Single Family June 18, 2008 June 18, 2009 Within 48 Hours of the Approval of This Project PL-1. The applicant/developershatl deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Determination as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/ developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). PL-2. The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department. General Requirements PL-3. This project is subject to the Conditions ofApproval for Planning Application Nos. PA04- -0178 and PA07-0341, unless modifed herein. COMMUNITY SERVICES DEPARTMENT CS-1. This project is subject to the Conditions of Approval for Planning Application Nos. PA04- 0178 and PA07-0341, unless modified herein. FIRE PREVENTION F-1. This project is subject to the Conditions ofApproval for Planning Application Nos. PA04- 0178 and PA07-0341. unless modified herein. PUBLIC WORKS DEPARTMENT PW-1. This project is subject to the Conditions ofApproval for Planning Application Nos. PA04- 0178 and PA07-0341, unless modified herein.