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HomeMy WebLinkAbout92_035 PC ResolutionRESOLUTION NO. 92-035 A RESOLUTION OF THE PLANNING COMMISSION OF ~ CITY OF TEMECULA RECOMMENDING APPROVAL OF CHANGE OF ZONE NO. 5724 TO CHANGE THE zONING FROM R-R TO R-1 AND R-5, AND TENTATIVE TRACT MAP NO. 25277, AMF~NDMENT NO. 4 TO SUBDIVIDE A 47.7 ACRE PARCEL INTO 96 SINGLE FAMYI.Y LOTS AND 5 OPEN SPACE LOTS LOCATED AT THE SOUTHWESTERLY SIDE OF PECHANGA CREEK BETWEEN VIA GILBERTO AND THE EASTERLY SIDE OF TEMECULA CREEK INN. WHEREAS, Acacia Construction flied Change of Zone No. 5724 and Tentative Tract Map No. 25277, Amendment No. 4 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WI4EREAS, said applications were processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said applications on September 21, 1992, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended aPProval of said applications; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section ~. Findings. That the Temecula Planning Commission hereby makes the following fmdings: 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. S\STAFFRPT\5724CZ,PC Revved So.ember 22, 1992 15 2. The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: , 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 i 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 requh-ements of state law and local ordinances. B. Th~ 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 Planning Commission in recommending approval of said applications makes the following findings, to wit: Change of Zone iNo. 5724 1.~ There is a reasonable probability that Change of Zone No. 5724 will be consistent with th~ 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 density of the project, 2.01 dwelling units per acre, is consistent with the Low Density Residential Land Use designation of the future General Plan. Furthermore, the proposed R-1 zone will be consistent with the Low Density Residential zoning District with a Planned Development Overlay Zone. 2. There is not a likely probability of substantial detriment to, or interference, with the future General Plan. If Change of Zone No. 5724 is ultimately inconsistent with the Plan, due to the fact that the project is consistent with the existing single family dwelling developments in the immediate vicinity and their underlying zones. 3.. The project is compatible with surrounding land uses since this project is a single family dwelling development and the surrounding land uses are single family dwellings, a golf course and vacant land. 4. ! The proposal will not have an adverse effect on the environment since mitigation measures have been incorporated to the project design and Conditions of Approval to reduce the impacts to a level of insignificance. S\STAFFRP~5724CZ,PC ! Revised September 22, 1992 16 Tentative Tract Map No. 25277 1. i There is a reasonable probability that Tentative Tract Map No. 25277 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State Law. The project, as conditioned, conforms with existing applicable city zoning ordinances and development standards. Furthermore, the proposed density of the project, 2.01 dwelling units per acre, is consistent with the future General Plan Land Use Designation of Low Density Residential. 2. There is not a likely probability of substantial detriment to, or interference with the City's future General Plan, if the proposed use is ultimately inconsistent with the Plan, since the surrounding land uses are single family dwellings, a golf course and vacant land. 3. The proposed use or action as conditioned complies with State planning and zoning laws, local Ordinance Nos. 348 and 460; and California Governmental Code Sections 65000-66009 (Planning and Zoning Law). 4.. The project as designed and conditioned will not adversely affect the public health or welfarelsince all impacts have been mitigated to a level of insignificance. 5. The project is compatible with surrounding land uses since the proposed single family dwellings are consistent with the existing single family dwellings, the golf course and the vacant land surrounding the project. 6. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the Environmental Analysis for this project. 7. ' Said Findings are supported by minutes, maps, exhibits and environmental documents associated with this application and herein incorporated by reference, due to the fact that they are referenced in the attached Staff Report, Exhibits, Environmental Assessment, and Conditions of Approval. 9. i The Planning Commission has considered the effect of its action upon the housing needs of the region and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources (Gov. Code Section 66412.3) and f'mds that the project density is consistent with SWAP and the future General Plan. Additionally, it will provide more diversity in the housing type available to the residents of the City of Temecula. 10t The Planning Commission shall determine whether the discharge of waste from the proposed subdivision into the existing sewer system would result in a violation of the requirements as set out in Section 13000 et seq. of the California Water Code. If the Planning Commission finds that the proposed waste discharge would result in or add to a violation of said requirements, the Planning Commission may disapprove the tentative map or maps of the subdivision (Gov! Code Section 66474.6). S\STAFFRPT\5724CZ.PC ' Revised September 22. 1992 1 7 11 ~ The proposed project will not result in discharge of waste into the existing sewer system that is in violation of the requirements as set out in Section 3000 et seq. of the California Water Code by requiring the project to comply with Eastern Municipal Water District's requirements. 12~ The design of the subdivision provides to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision (Gov. Code Section 66473.1) by limiting the height of the future structures to 40 feet and requiring setbacks according to the R-1 standards. 131 The project has acceptable access by means of dedicated fight-of-way and has been conditioped to acquire the necessary fight-of-way for secondary access. F. As; conditioned pursuant to Section 3, the Tract Map proposed is compatible with the health, safety' and welfare of the community. Section 2~ Environmental Compliance. An Initial Study prepared for this project indicates that the:proposed project will not have a significant impact on the environment with the incorporation of the mitigation measures into the project design, and a Negative Declaration, is hereby granted. Section 3. Conditions. That the City of Temecula Planning Commission hereby recommends approval of Change of Zone No. 5724, and Tentative Tract Map No. 25277, Amendment No. 4 located at the southwesterly side of Pechanga Creek between Via Gilberto and the easterly side of Temecula Creek Inn subject to the following conditions: A. Attachment No. 2, attached hereto. Section 4,' PASSED, APPROVED AND ADOPTED this 21st day of September, 1992. CHAIRMAN S\STAFFRPT\5724CZ.PC : Revved Septe~nber 22, 1992 18 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 21st day of September, 1992 !by the following vote of the Commission: AYES: 5 PLANNING COMMISSIONERS: BLAIR, CHINIAEFF, FAHEY, FORD, HOAGLAND NOES: 0 PLANNING COMMISSIONERS: ABSENT: 0 PLANNING COMMISSIONERS: G3/RY THO~.L SECRETARY S\STAFFRPT~5724CZ,PC i Revised September 22, 1992 19