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HomeMy WebLinkAbout91_028 PC Resolution ATTACHMENT 1 RESOLUTION NO. 91-28 A RESOLUTION OF THE PLANNING COMMISSI~ON_OF-:'3:EI'E'3~ CITY OF TEMECULA APPROVING OF PLOT,PLAN NO. 15~5/ TO CONSTRUCT A 16.000 SQUARE FOOT REd'alL-C-ENTER ON A PARCELCONTAINING 1,8 ACRES LOCATED AT THE SOUTHERN TERMINUSOF BEDFORD COURT AND KNOWN AS ASSESSOR'S PARCEL NO. 922-210-042 WHEREAS. Tomond Properties filed Plot Plan No, 155 in accordance with the Riverside County Land Use. Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS. said Plot Plan application was processed in the time and manner prescribed by State and local law; WHEREAS. the Planning Commission conducted a public hearing pertaining to said Plot Plan on April 15, 1991, at which time interested persons had opportunity to testify either in support or opposition to said Plot Plan; and WHEREAS, the Planning Commission received a copy of the Staff Report regarding the Plot Plan; NOW. THEREFORE. THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE. DETERMINE AND ORDER AS FOLLOWS: SECTION 1, FindinRs. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty {30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan. (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: A:PP155 8 (a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan, (c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan. as amended by the Southwest Area Community Plan. (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County. including the area now within the boundaries of the City. At this time. the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Plot Plan is consistent with the SWAP and meet the requirements set forth in Section 65360 of the Government Code. to wit: (1) The City is proceeding in a timely fashion with a preparation of the general plan, (2) The Planning Commission finds, in approving of projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: a) There is reasonable probability that Plot Plan No, 155 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. A:PP155 9 c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. (1) Pursuant to Section 18.30(c), no plot plan may be approved unless the following findings can be made: a) The proposed use must conform to all the General Plan requirements and with all applicable requirements of state law and City ordinances. b) The overall development of the land is designed for the protection of the public health, safety and general welfare; conforms to the logical development of the land and is compatible with the present and future logical development of the surrounding property. (2) The Planning Commission, in approving of the proposed Plot Plan, makes the following findings, to wit: , a) There is a reasonable probability that Plot Plan No. 155 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law due to the fact that the proposed commercial center is consistent with the existing zonln9 and the SWAP land use designation of Commercial. b) There is not a likely probability of substantial detriment to or interference with the future General Plan, if the proposed use is ultimately inconsistent with the plan due to the fact that the proposed commercial center is consistent with the existing zoning, the SWAP land use designation of Commercial, and the existing development to the north. c) The proposed use or action complies with State planning and zoning laws due to the fact that the proposed use complies with Ordinance No, 3~,8 and the action complies with State Planning Laws, d) The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuration, circulation patterns, access, and intensity of use due to A:PP155 10 the fact that the proposed commercial development complies with the standards of Ordinance No. 348. e) The project as designed and conditioned will not adversely affect the public health or welfare due to the fact that the Conditions of Approval require improvements to protect the public health and welfare. f) The project is compatible with surrounding land uses. The harmony in scale, bulk, height, intensity, and coverage creates a compatible physical relationship with adjoining properties due to the fact that the proposed commercial development is consistent with the zoning ordinance and the existing adjoining commercial development. g) The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the present or planned land use of the area due to the fact that the surrounding properties are developed and the project is consistent with a development to the north. h) The project has acceptable access to a dedicated right-of-way which is open to. and useable by. vehicular traffic due to the fact that the vehicular improvements for the proposed commercial center has been approved by the Traffic Engineering Staff and direct access exists to Bedford Court, i) The project as designed and conditioned will not adversely affect the 'built or natural environment as determined in the expanded initial study performed for this project due to the fact that Conditions of Approval have been included for this project to mitigate against possible impacts. j) The design of the project and the type of improvements are such that they are not in conflict with easements for access through or use of the property within the proposed project in that the easements have been provided for as shown on the site plan marked Exhibit A. A:PP155 11 E. As conditioned pursuant to SECTION 3, the Plot Plan proposed conforms to the logical development of its proposed site, and is compatible with the present and future development of the surrounding property. SECTION 2~ 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, therefore, is hereby granted. SECTION 3. Conditions. That the City of Temecula Planning Commission hereby approves Plot Plan No. 155 to construct a 16,000 square foot retail center located at the southern terminus of Bedford Court and known as Assessor's Parcel No. 922-210-042 subject to the following conditions: A. Attachment 2. SECTION 4. PASSED, APPROVED AND ADOPTED this 15th day of April, 1991. ~)ENNIS CHINIAEFF ~ CHAIRMAN 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 15th day of April, 1991 by the following vote of the Commission: AYES: 4 PLANNING COMMISSIONERS NOES: 0 PLANNING COMMISSIONERS ABSENT: 1 PLANNING COMMISSIONERS A:PP155 12