HomeMy WebLinkAbout97_040 PC Resolution ATFACHIVIENT NO. 2
PC RESOLUTION NO. 97-040
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA97-0368 TO SUBDIVIDE A 15.3 ACRE
PARCEL INTO THREE PARCELS LOCATED
NORTHEASTERLY OF THE INTERSECTION OF
WINCItESTER ROAD (STATE HIGHWAY 79 NORTH) AND
MARGARITA ROAD AND KNOWN AS ASSESSOR'S
PARCEL NOS. 911-170-091, -094 AND -087.
WHEREAS, WM 15 Partners LP filed Planning Application No. PA97-0368 in
accordance with the City of Temecula General Plan and Riverside County Land Use and
Subdivision Ordinances, which the City has adopted by reference;
WHEREAS, the Planning Application No. PA97-0368 was processed in the time and
manner prescribed by State and local law;
WHEREAS, the Planning Commission considered Planning Application No. PA97-0368
on December 1, 1997, at a duly noticed public hearing as prescribed by law, at which time
interested persons had an opportunity to testify either in support or in opposition;
WHEREAS, Planning Application No. PA97-0368 was continued to December 15, 1997,
by a 4-0 vote with Commissioner Guerriero absent due to illness;
WHEREAS, the Planning Commission considered Planning Application No. PA97-0368
on December 15, 1997, at a duly noticed public hearing as prescribed by law, at which time
interested persons had an opportunity to testify either in support or in opposition;
WHEREAS, at the public heating, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, the Commission considered all facts relating
to Planning Application No. PA97-0368;
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.
Section 2. Findings. The Planning Commission in approving the proposed Parcel Map,
makes the following findings:
R:\STAFFRFrk305PA97.PC2 4/9/98 klb 21
A. Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be
approved unless the following findings are made:
1. That the proposed land division is consistent with the General Plan,
Ordinances and the Development Code of the City. The site is designated as Community
Commercial. Staff has determined that the map is consistent with the goals and policies contained
within the General Plan and the development standards contained in the Development Code and
adopted Ordinances.
2. That the design or improvement of the proposed land division is compatible
with the nature, condition, and development of adjacent uses, buildings, and structures and the
proposed use will not adversely affect the adjacent uses, buildings, or structures. The map was
reviewed by interested agencies, and their comments an conditions are referenced within the
Conditions of Approval.
3. That the site of the proposed land division is physically suitable for the type
of development. The design of the proposed land division will not conflict with easements,
acquired by the public at large, for access through, or use of, property within the proposed land
division. Parcels will take access from two public roadways and one private street. A reciprocal
access agreement shall be required for the site.
4. That the site of the proposed land division is physically suitable for the
proposed density of the development. The site is designated for Community Commercial
development, and the project does not exceed the target floor area ratio of this zone.
5. That the design of the proposed land division or proposed improvements are
not likely to cause substantial environmental damage or substantially and unavoidably injure fish
or wildlife or their habitat. The project will not result in an impact to endangered, threatened or
rare species or their habitats, or to wildlife dispersal or migration corridors. The project site has
been previously disturbed and graded, and streetscape installed on site. The site is surrounded by
development and three roadways. There are no native species of plants or vegetation at the site,
nor any indication that any wildlife species exist, or that the site serves as a migration corridor.
A DeMinimus impact finding can be made for this project.
6. That the design of the proposed land division or the type of improvements
are not likely to cause serious public health problems. The nature of the proposed tentative parcel
map is not detrimental to the health, safety and general welfare of the community. The map is
consistent with the goals and policies contained within the General Plan and the development
standards contained in the Development Code. These documents were adopted by the City
Council to assure that projects are not detrimental to the health, safety and general welfare of the
community. Compliance with these documents will assure this is achieved.
7. That the design of the proposed land division or 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 land division. A land division may be approved if it is found that
R: \STAFFRFI~05PA97.PC2 4/9/98 klb 22
alternate easements for access or for use will be provided and that they will be substantially
equivalent to ones previously acquired by the public. This subsection shall apply only to
easements of record or to easements established by judgment of a court of competent jurisdiction.
B. As conditioned pursuant to Section 4, Planning Application No. PA97-0368, as
proposed, conforms to the logical development of its proposed site, and is compatible with the
health, safety and welfare of the community.
Section 3. Environmental Compliance. An Initial Study prepared for the development
project (Planning Application No. PA97-0305 - Development Plan) indicates that the development
project will not have a significant impact on the environment, and a Negative Declaration,
therefore, is granted. In addition, because the site has been previously disturbed, and no longer
supports any fish or wildlife resources, that a DeMinimus impact finding is also being made. As
a result, the division of land to accommodate this development may be exempted from further
environmental review.
Section 4. Conditions. That the City of Temecula Planning Commission hereby approves
Planning Application No. PA97-0368 for the subdivision of a 15.3 acre parcel into three parcels
located northeasterly of the intersection of Winchester Road (State Highway 79 North) and
Margarita Road subject to Exhibit A, attached hereto, and incorporated herein by this reference
and made a part hereof.
1997.
Section 5.
PASSED, APPROVED AND ADOPTED this..fifteenth day of December,
~//Linda Fatiey, ChairSran //
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 fifteenth day of
December, 1997 by the following vote of the Commission:
AYES: 3
NOES: 1
ABSENT: 1
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
GUERRIERO,
SOLTYSIAK
SLAVEN
FAHEY
Debbie Ubnoske, Secretary
MILLER,
R:\STAFFRPT~305PA97.PC2 4~9/98 klb 23