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HomeMy WebLinkAbout98_045 PC ResolutionPC RESOLUTION NO. 98-045 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. PA97- 0079 (TENTATIVE PARCEL MAP NO. 28257) TO SUBDIVIDE A 2.85 ACRE PARCEL INTO FOUR (4) PARCELS LOCATED ON THE SOUTH SIDE OF PAUBA ROAD BETWEEN LA PRIMAVERA AND SHOWALTER ROAD, AND KNOWN AS ASSESSOR'S PARCEL NO. 945-070-006, -007, -015 AND -016. WHEREAS, William and Michael Peruchetti filed Planning Application No. PA95-0079 which is not 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. PA95-0079 was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission continued Planning Application No. PA95'-0079 on September 2, 1998, October 7, 1998, November 4, 1998 and December 2, 1998 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 headngs and after due consideration of the testimony, the Commission denied Planning Application No. PA95-0079; NOW, THEREFORE, THE PLANNING COMMISSION OF TItlE 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. Findings. That the Temecula Planning Commission, in denying Planning Application No. PA95-0079, hereby makes the following findings as required in Section 7.1 of County Ordinance No. 460: 1. The proposed land division is consistent with the General Plan. The General Plan designation calls for Low Density Residential, 0.5 to 2 dwelling units per acre maximum. The proposed four lot subdivision on 2.85 acres complies with this density designation. 2. The design or improvement of the proposed land division is inconsistent with the General Plan. The site is identified as being within the Chaparral Area which requires special development considerations and limits the encroachment of grading, construction or surface alteration into the natural slopes, drainage courses and sensitive biological resources in this area. The project is inconsistent with the General Plan because careful siting of building pads, driveways, septic and leach fields has not been accomplished; little contour grading has been designed; and a 130-foot long crib wall in clear view from Pauba Road is proposed. 3. The site of the proposed land division is not physically suitable for the type of development. The site has steep slopes along Pauba Road as well as in the interior of the property. Flat areas are limited to proposed Parcels 4 and 2 where structures already exist. The site is not physically suitable because the proposed development and access will require encroachment into the natural slopes, drainage courses and sensitive biological resources. R:\staffrpt\79pa95-denlal.doc 5 4. The site of the proposed land division is not physically suitable ~or the proposed density of the development. Flat areas are limited to proposed Parcels 4 and 2 where structures already exist. The site is not physically suitable because the proposed development and access will require encroachment into the natural slopes, drainage courses and sensitive biological resources 5. The design of the proposed land division or proposed improvements are likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. The design of the proposed land division requires encroachment into natural slopes and grading of natural vegetation, for pad sites and access. 6. The design of the proposed land division or the type of improvements are likely to cause serious public health problems. The Fire Department concerns regarding access for emergency vehicles has not been adequately addressed. The proposed project may cause serious hazards should there be inadequate access for emergency vehicles. 7. 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. PASSED, APPROVED AND ADOPTED this second day of December, 1998. Marcia Slaven, Ch~rperson 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 second day of December, 1998 by the following vote of the Commission: AYES: 5 NOES: 0 ABSENT: 0 PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: GUERRIERO, NAGGAR, SLAVEN, SOLTYSIAK, WEBSTER NONE NONE R:\staffrpt\79pa95<lcnial.doc 6