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HomeMy WebLinkAbout93_001 PC ResolutionRESOLUTION NO. 93-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF CHANGE OF ZONE NO. 22 TO CHANGE THE ZONING FROM R-A-5 TO R-A-2% FOR PORTIONS OF LOTS 8, 9, 12, 13, 17, 18, 26, 27 AND 28 AND FROM R-A-2% TO R-A- 5 FOR A PORTION OF LOT 4 FOR VESTING TENTATIVE TRACT MAP NO. 26941, AND TO RECOM34ENI) APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 26941 TO SUBDIVIDE A 133 ACRE PARCEL INTO 28 CUSTOM SINGLE FAMII.y LOTS LOCATED SOUTH OF PAUBA ROAD, NORTH OF DE PORTOLA ROAD, EAST OF VIA NORTE AND WEST OF BUTTERFIELD STAGE ROAD. WItEREAS, Taylor Woodrow Homes f'fled Change of Zone No. 22 and Vesting Tentative Tract Map No. 26941 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said applications were processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said applications on January 4, 1.993 and February 1, 1993, at which time interested persons had an opportunity to testify either in support or opposition; WttEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said applications; . NOW, THEREFORE, TIlE PLANNING COMMI.qSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findings. 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 f'mds, in approving projects and taking other actions, including the issuance of building permits, each of the following: .6 R:\S\STAFFRPT\26941~PC 2/2/93 klb 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 Planning Commission in recommending approval of said applications makes the following fmdings, to wit: Change of Zone No. 22 1. There is a reasonable probability that Change of Zone No. 22 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 density of the project, .21 dwelling units/acre, is consistent with the Very Low Density Residential l_and Use designation of the future General Plan. Furthermore, the proposed R-A-21/2 and R-A-5 zones will be consistent with the Very Low Density Residential Zoning District. 2. There is not a likely probability of substantial detriment to, or interference, with the future General Plan if Change of Zone No. 22 is ultimately inconsistent with the Plan, due to the fact that the project is consistent with the existing large lot custom single family dwelling developments in the immediate vicinity and their underlying zones. 3. The project is compatible with surrounding land uses since the proposed large lot custom single family dwellings are consistent with the existing large lot custom single family dwellings and the vacant land surrounding the project. 4. The proposal will not have an adverse effect on the environment since mitigation measures of Environmental Impact Report No. 230 and the Addendum to EnVironmental Impact Report No. 230 have been incorporated to the project design and Conditions of Approval for Vesting Tentative Map 26941 to reduce the impacts to a level of insignificance. 7 · R:\S\STAFFRPT\26941.PC 2/2/93 klb Vesting Tentative Tract Map No. 26941 1. There is a reasonable probability that Vesting Tentative Tract Map No. 26941 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, .21 dwelling units per acre, is consistent with the future General Plan I_and Use Designation of Very 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 large lot custom single family dwellings 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 welfare since all impacts have been mitigated to a level of insignificance. 5. The project is compatible with surrounding .land uses since the proposed large lot custom single family dwellings are consistent with the existing large lot custom single family dwellings 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 Environmental Impact Report No. 230 and the Addendum 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' Impact Report, and Conditions of Approval. 8. 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 environmenta!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. 9. 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 13000 et seq. of the California Water Code by requiring the project to comply with Eastern Municipal Water District's requirements. R:\S\STAFFRPT\26941 .PC 2/2/93 10. 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 32 feet and requiting setbacks according to the Residential Agriculture (R-A) standards. 11. The project has acceptable access by means of dedicated right-of-way and has been conditioned to have secondary access from Vesting Tentative Tract Map No. 23143, Amendment No. 5 for the necessary right-of-way for secondary access. 12. Theproject willnot havea significant adverse affect onthe environment. The County of Riverside Board of Supervisors certified EIR No. 230 in conjunction with the approval of Vesting Tentative Tract Map No. 23143 Amended No. 3 and Vesting Tentative Tract Map No. 22430. Vesting Tentative Tract Map No. 26941 and Change of Zone No. 22 will not result in any new or substantially increased environmental impacts. F. As conditioned pursuant to Section 3, the Vesting Tract Map proposed is compatible with the 'health, safety and welfare of the community. Section 2. Environmental Compliance. An Addendum to Envixonmental Impact Report No. 230 was 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. Section 3. Conditions. The City of Temecula Planning Commission hereby recommends approval of Change of Zone No. 22 and Vesting Tentative Tract Map No. 26941, to subdivide a 133 acre parcel into 28 large lot custom single family lots located south of Pauba Road, north of De Portola Road, east of Via Norte and west of Butterfield Stage Road subject to the following conditions: A. Attachment No. 2, attached hereto. Section 4. PASSED, APPROVED.~_...~AND~~February, 1993. CHAIRMAN 9 R:\S\STAFFRPT~26941.PC 2/2/93 klb 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 1st day of February, 1993 by the following vote of the Commission: AYES: 4 PLANNING coMMIssIONERS: CHINIAEFF, FAHEY, FORD, HOAGLAND PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: BLAIR / THORNHILL SECKETARY NOES: ABSENT: 1 '~ 0 R:\S\STAFFRP'r~26941.PC 2/2/93 klb