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HomeMy WebLinkAbout93_015 PC ResolutionPC RESOLUTION NO. 93-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF TENTATIVE PARCEL MAP NO. 27323, AMENDMENT NO. 4 TO SUBDIVIDE 58.1 ACRES INTO 13 COMMERCIAL AND 2 REMAINDER PARCELS AT THF~ SOUTHEAST CORNER OF YNF~ AND WINCHESTER ROADS AND KNOWN AS ASSESSOR'S PARCEL NO(S). 910.130-046 AND 910-130-047 WHEREAS, KRDC, Inc. filed Tentative Parcel Map No. 27323, Amendment No. 4 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Tentative Parcel Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Tentative Parcel Map on June 7, 1993, at which time interested persons had an opportunity to testify either in support or opposition; WItEREAS, said project was continued at the June 7, 1993 public heating; WHEREAS, the Planning Commission considered said Tentative Parcel Map on June 21, 1993, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, said project was continued at the June 7, 1993 public hearing; WHEREAS, the Planning Commission considered said Tentative Parcel Map on June 21, 1993, 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 Tentative Parcel Map; NOW, THEREFORE, THE PLANNING COMMISSION 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: R:\S~STAFFRPT~27323TPM.PC 9121/93 t~8 8 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 ~tate 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. 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 Tentative Parcel Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: The city is proceeding in a timely fashion with a preparation of the general plan. 2. The Planning Commission finds, in recommending approval of the project and taking other actions, including the issuance of building permits, pursuant to this titie, each of the following: a. There is reasonable probability that Tentative Parcel Map No. 27323, Amendment No. 4 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. R:~S~STAFFRPT~27323TPM.PC 7/29/93 tis 9 c. The proposed use or action does comply with all other applicable requirements of state law and local ordinances. D. Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be approved unless the follow'mg findings are made: specific plans. That the proposed land division is consistent with applicable general and 2. That the design or improvement of the proposed land division is consistent with applicable general and specific plans. 3. That the site of the proposed land division is physically suitable for the type of development. 4. That the site of the proposed land division is physically suitable for the proposed density of the development. 5. That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 6. That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. 7. That 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. A land division may be approved if it is found that alternate easements for access or for use win be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. E. The Planning Commission in recommending approval of the proposed Tentative Parcel Map, makes the following findings, to wit: Tentative Parcel Map No. 27323. Amendment No. 4 1. There is a reasonable probability that Tentative Parcel Map No. 27323, Amendment No. 4 win be consistent with the City of Temecula's future General Plan, which will be completed in a reasonable time and in accordance with State Law. Tentative Parcel Map No. 27323, Amendment No. 4 conforms with existing applicable city zoning ordinances, development standards, and Specific Plan No. 263. 2. There is not a likely probability of substantial detriment to, or interference with the City's future General Plan, since the project is consistent with Specific Plan No. 263 and surrounding developments to the north and west. R:\S\STAFFRPT~27323TPM.PC 7~29~93 tis 10 3. The proposed subdivision complies with State Planning and Zoning laws. Reference local Ordinance No. 348, Ordinance No. 460 and California Governmental Code Section(s) 65,000-66,009 (Planning and Zoning Law). 4. Tentative Parcel Map No. 27323, Amendment No. 4 is consistent with the proposed Specific Plan No. 263 in that the project is an commercial subdivision which is consistent with the land use designation of RCC (Retail Commercial Core) and the zoning for Planning Area 2 contained within the Sp{~'lfiC Plan. Tentative Parcel Map No. 27323, Amendment No. 4 is consistent with the proposed zoning for the site (C-P-S) which has no minimum lot size requirement. 5. 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 the residents and available fiscal and environmental resources (Government Code Section 66412.3) and f'md that the project is consistent with SWAP and the future General Plan. Additionally, since the project is a commercial subdivision, it will provide possible job opportunities which will benefit the job/housing balance in the City. 6. The proposed project is consistent with Specific Plan No. 263 and Environmental Impact Report No. 340. EIR No. 340 indicated that even after feasible mitigation measures were incorporated into the project, substantial impacts would remain. The City Council in certifying EIR No. 340 will have to adopt Statements of Overriding Consideration establishing the benefits of the project over the remaining unmitigatable impacts. 7. The project has acceptable access by means of dedicated right-of-way. The project as designed and conditioned provides access to all buildable lots. 8. The design of the subdivision provides to the extent feasible, for future passive or natural heating or cooling opportunities (Government Code Section 66473.1) by providing design and zoning standards for natural heating and cooling within Specific Plan No. 263. 9. The site of the proposed land division is physically suitable for this type of project in that the development of the site will not create major slope conditions and that access and infrastructure can be provided to the site as shown in Specific Plan No. 263, EIR no. 340 and as conditioned. 10. The design of the proposed subdivision and type of improvements are not likely to cause serious public health problems. The project is consistent with Specific Plan No. 263 and EIR No. 340 which did not indicate any serious public health problem would result from the proposed development. F. As conditioned pursuant to Section 3, the Tentative Parcel Map is compatible with the health, safety and welfare of the community. R:\S~STAFFRPT~27323TPM.PC 7129/93 tis 1 1 Section 2. Environmental Compliance. Environmental Impact Report No. 340 was completed for Specific Plan No. 263. Tentative Parcel Map No. 27323, Amendment No. 4 is consistent with the development proposals and standards of Specific Plan No. 263. The potential environmental impacts of this project were analyzed in Environmental Impact Report No. 340 in that the proposed development is a portion of the proposed 1,375,000 square foot Retail Commercial Core area as analyzed for Specific Plan No. 263 and EIR No. 340. Section 3. Conditions. That the City of Temecula Planning Commission hereby recommends approval of Tentative Parcel Map No. 27323, Amendment No. 4 for the subdivision of a 58.1 acres into 13 commercial and 2 remainder parcels at the southeast corner of Ynez and Winchester Roads and known as Assessor's Parcel No(s). 910-130-0456 and 910- 130-047 subject to the following conditions: A. Exhibit A, attached hereto. Section 4. PASSED, APPROVED AND ADOPTED this 21st day of June, 1993. 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 June, 1993 by the following vote of the Commission: NOES: 0 ABSENT: 0 5 PLANNING COMMISSIONERS: BLAIR, CHINIAEFF, FAHEY, FORD, HOAGLAND PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: F6rARY THORNHILL SECRETARY R:\S~STAFFRPT~27323TPM.PC 7/29/93 t~ 1 2