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HomeMy WebLinkAbout93_027 PC ResolutionATFACHlVIENT NO. 1 PC RESOLUTION NO. 93-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF PLANNING APPLICATION NO. 92-0145 (SPECIFIC PLAN NO. 164, AMENDMENT NO. 2) AND PLANNING APPLICATION NO.93-0144 (TENTATIVE TRACT MAP NO. 27827) TO APPROVE AMENDMENT NO. 2 TO SPECIFIC PLAN NO. 164 IN ORDER TO CHANGE THE ZONING FOR PLANNING AREAS 7 (22.5 ACRES) AND 8 (10.1 ACRES) FROM VERY HIGH DENSITY RESIDENTIAL (20 DWELLING UNITS PER ACRE) TO HIGH DENSITY RESIDENTIAL (12 DWELLING UNITS PER ACRE), TO ADD A THREE (3) ACRE PARK AND ADJUST THE BOUNDARIFS BETWEEN PLANNING AREAS 7, 8 AND 9; AND APPROVAL OF TENTATIVE TRACT MAP NO. 27827, A 162 SINGLE FAMILy LOT SUBDIVISION PLUS A THREE (3) ACRE LOT FOR A PUBLIC PARK WITHIN PLANNING AREA NO. 7. WHEREAS, Leo Roripaugh filed Planning Application No. 92-0145 (Specific Plan No. 164, Amendment No. 2 and Planning Application No. 93-0144 (Tentative Tract Map No. 27827) 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 November 1, 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 applications; 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 fmdings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty O0) 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: R:\S\STAFFRPT~144PA93.PC 11130/93 idb 13 general plan. The city is proceeding in a timely fashion with the preparation of the 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 Temeeula 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: SpecLfic Plan No. 164, Amendment No. 2 1. There is a reasonable probability that Specific Plan No. 164, Amendment No. 2 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 subject request is consistent with the SWAP Designation of Specific Plan and is in substantial conformance with Specific Plan No. 164, Amendment No. 1. 2. There is not a likely probability of substantial detriment to or interference with the future General Plan if Specific Plan No. 164, Amendment No. 2 is ultimately inconsistent with the plan, due to the fact that approval of such an amendment will ensure orderly development of the area and the significant environmental impacts have been mitigated. 3. The project is compatible with surrounding land uses of single family residential since it is separated by Nicolas Road and the Santa Gertrudis Creek and impacts have been reduced to a level of insignificance. RAS\STAFFRPT~144PA93.PC 11/30/93 idb 14 4. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the planned land use of the area, due to the fact that the proposed land use is consistent with the Draft General Plan Land Use Element and the overall density is be'rog reduced. 5. The project wall have a positive impact on the surrounding land uses since it is introducing an additional new park to the area. Tentative Tract Map No. 27827 1. There is a reasonable probability that Tentative Tract Map 27827 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 is consistent with the future General Plan Land Use Designation of Medium 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. 3. The proposed use or action as conditioned complies with State Planning and Zoning Laws. Reference local Ordinances No. 348, 460; and California Governmental Code Sections 65000-66009 (Planning and Zoning Law). 4. 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 (Gov. Cod Section 66412.3) and finds 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. 5. 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 13,000 et seq. of the California Water Code since the project has been conditioned to comply with Eastern Municipal Water District's requirements. as conditioned. The project has acceptable access by means of dedicated right-of-way and 7. The project is consistent with the intent of the original project approved by the County of Riverside. 8. The project is consistent with the provisions of Specific Plan No. 164, Amendment No. 2. R:\S\STAFFRPT~144PA93.PC 11130/93 Idb 1 5 9. 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. D. As conditioned pursuant to Section 3, said projects are compatible with the health, safety and welfare of the community. Section 2. Environmental Compliance. A Initial Study was prepared for Specific Plan No. 164, Amendment No. 2 and Tentative Tract Map No. 27827 and it revealed no significant impacts that have not been mitigated to an insignificant level. Therefore, Staff recommends adoption of a Negative Declaration. Section 3. Conditions. That the City of Temeeula Planning Commission hereby recommends approval of Planning Application No. 93-0145 (Specific Plan No. 164, Amendment No. 2 and Planning Application No. 9343144 (Tentative Tract Map No. 27827) located on the northwest comer of Nicolas Road and North General Kearny Road subject to the following conditions: A. Attachment No. 2, attached hereto. Section 4. PASSED, APPROVED AND ADOPTED ~s 1st day of November, 1993. CHAIPdVIAN STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I ltEREBY 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 November 1993 by the following vote of the Commission: AYES: 4 PLANNING COMMISSIONERS: BLAIR, FAHEY, HOAGLAND AND FORD NOES: 0 PLANNING COMMISSIONERS: ABSENT: 0 PLANNING COMMISSIONERS: GARY THORNHILL SECRETARY R:\S\STAFFRPT~144PA93,PC 11/30/93 idb 16