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HomeMy WebLinkAbout99_031 PC ResolutionPC RESOLUTION NO. 99-031 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA98-0516 (TENTATIVE PARCEL MAP NO. 29132), LOCATED ON THE SOUTHWEST CORNER OF STATE HIGHWAY 79 AND AVENIDA DE MISSIONS, AND KNOWN AS ASSESSOR'S PARCEL NO. 950-120-04 WHEREAS, Ray Schooley filed Planning Application No. PA98-0516 (Tentative Parcel Map No. 29132) in accordance with the City of Temecula General Plan, Development Code and Riverside County Land Use and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, Planning Application No. PA98-0516 (Tentative Parcel Map No. 29132) was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. PA98-0516 (Tentative Parcel Map No. 29132) on August 18, 1999, 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 Commission hearing and after due consideration of the testimony, the Commission considered all facts relating to Planning Application No. PA98-0516; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated Section 2. Findin.qs That the Temecula Planning Commission, in approving Planning Application No. PA98-0516 (Tentative Parcel Map No. 29132), hereby makes the following findings as required in Section 7.1 of County Ordinance No. 460. A. The proposed land division and the design or improvement of the project is compatible with the General Plan designation and zoning (with the zoning map con'ection). The site is physically suitable for the type and density of development. The General Plan Land Use designation for the site is O (Professional Office). Tentative Parcel Map No. 29132 proposes to subdivide 6.68 acres of land into five (5) lots zoned Office Professional which a minimum lot size of 40,000 square feet. The proposed subdivision is consistent with this requirement. B. The design of the proposed land division or the type of improvements is not likely to cause serious public health problems. The project has been reviewed for conformance with the City's General Plan, Development Code and Subdivision Ordinances. The project is consistent with these documents and conditions of approval have been placed on the project accordingly to assure that the development conforms to City Standards. C. 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. The project will take direct access from Avenida de Missions and will not obstruct any easem.ents. F:~DEFrS\PLANNING~STAFFRPT~ 16pa98 .PC.doc 6 D. The map as proposed, conforms to the logical development of the site, and is compatible with the health, safety and welfare of the community. Access and circulation are adequate for emergency vehicles. E. The design of the proposed land division is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. There are no known fish, wildlife or habitat on the project site, and the project will not affect any fish, wildlife or habitat off-site. The applicant retained a biologist (Tom Dodson) and contacted the Army Corps of Engineer to review the site for biological qualities. Both the biologist and the Army Corps reviewed the site and concluded that the proposed project does not discharge dredged or fill material into a water of the United States or an adjacent wetland; that the subject parcel was legally isolated by an existing channel wall; and the parcel was not part of the existing conservation easement south of the subject site. The Corps also stated that a project occurring on the subject parcel, as long as the project does not extend southwest past the existing Presley Homes Levee into the Conservation Easement area, is not subject to their jurisdiction under Section 404 of the Clean Water Act and a Section 404 permit is not required from the Department of the Army Corps of Engineers. Therefore, upon the review and confirmation of the Army Corps of Engineers and the Biologist, the project is not likely to cause substantial environmental damage o~' substantially and unavoidably injure fish or wildlife or their habitat. The project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. Section 3. Environmental Compliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Conditions of Approval have been added to the project, and a Negative Declaration with a DeMinimus Finding, therefore, is hereby granted. Section 4. Conditions. That the City of Temecula Planning Commission hereby approves Planning Application No. PA98-0516 (Tentative Parcel Map No. 29132) located on the southwest comer of State Highway 79 and Avenida De Missions, and known as Assessor's Parcel No. 950-120- 04, subject to Exhibit A, attached hereto, and incorporated herein by this reference and made a part hereof. Section $. PASSED, APPROVED AND ADOPTED this eighteenth day of August, 1999. R~n Gue~"~r~ Chairperson 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 eighteenth day of August, 1999 by the following vote of the Commission: AYES: 5 PLANNING COMMISSIONERS: FAHEY, GUERRIERO, MATHEWSON NAGGAR, WEBSTER NOES: 0 PLANNING COMMISSIONERS: NONE ABSENT: 0 PLANNING COMMISSIONERS: NONE Debbie Ubnoske, Secreta~j F:~DEPrS~PLANNING~STAFFRI~\516pa98.PC.doc