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HomeMy WebLinkAbout96_040 PC ResolutionPC RESOLUTION NO. 96-40 A RF~OLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA96-0158, TO SUBDIVIDE A 10.99 ACRE PARCEL INTO 7 PARCELS LOCATED ON THE NORTHEASTERLY CORNER OF HIGHWAY 79 SOUTH AND MARGARITA ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 950-020-037 WIrEREAS, Jim Costanzo of Pacific Development Group filed Planning Application No. PA96-0158 in accordance with the City of Temecula General Plan and Riverside County Land Use and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, the Planning Application No. PA96-0158 was processed in the time and manner prescribed by State and local law; WHF~REAS, the Planning Comm/ssion considered Planning Application No. PA96-0158 on November 18, 1996, at a duly noticed public hearing as prescribed by law, at which time interested persons had an opportunity to testify either in support or in opposition; WHEREAS, at the public hearing, upon hearing and considering all testimony and arguments, if any, of all persons deserving to be heard, the Commission considered all facts relating to Planning Application No. PA96-0158; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are tree and correct. Section 2. ~ The Planning Commission in approving the proposed Parcel Map, makes the following findings: A. Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be approved unless the following findings are made: 1. That the proposed land division is consistent with applicable general and specific plans. 2. That the design or improvement of the proposed land division is consistent with applicable general and specific plans. of development. That the site of the proposed land division is physically suitable for the type R:\STAFFRPT~157PA9O.PC2 11121/96 cdr 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 will be provided and that they w'dl 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. B. The Planning Commission, in approving Planning Application No. PA96-0158 makes the following specific findings, to wit: 1. The proposed land division and the design and improvement of the proposed land division is consistent with the City of Temecula General Plan, which was adopted November 9, 1993 and the Paloma Del Sol Specific Plan. The General Plan land use designation is Community Commercial. All future development has been conditioned to be consistent with the Community Commercial Land Use Designation of the General Plan. 2. The proposed land division is consistent with City of Temecula Ordinance No. 460. The parcels meet the requirements of Section 10.10 of Ordinance No. 460 for Schedule "E" Parcel Map Divisions. 3. The site of the proposed land division is physically suitable for the type and proposed density of the development, and improvements are not likely to cause serious public health problems. The lot design is logical and meets the approval of the City's Planning and Public Works Departments. Each parcel provides for appropriate building location, access and parking. 4. The project will not have a significant adverse effect on the environment. A Negative Declaration has been prepared for the project which includes mitigation measures which will reduce all impacts to below a level of significance. 5. Said findings are supported by minutes, maps, and exhibits associated with these applications and herein incorporated by reference. R:\STAFFRPT~157PA96.PC2 11/21/96 cdr C. As conditioned pursuant to Section 4, Planning Application No. PA96-0158, as proposed, conforms to the logical development of its proposed site, and is compatible with the health, safety and welfare of the community. D. The Planning Commission in approving the certification of the Negative Declaration of environmental impact under the provisions of the California Environmental Quality Act, specifically finds that the approval of this Tentative Parcel Map will have a di minimis impact on fish and wildlife resources. The Planning Commission specifically fmds that in considering the record as a whole, the project involves no potential adverse effect, either individually or cumulatively, on wildlife as the same is defined in Section 711.2 of the Fish and Game Code. This is based on the fact that this project will be located on a site that has been previously graded an no wildlife exists on the site. The Planning Commission filrther finds that Pacific Development Group is the project proponent and the site is located on the northeasterly corner of Highway 79 South and Margarita Road, Temecula, California. The project includes the subdivision of 10.99 acres into 7 parcels and that all of the same are located in the County of Riverside. Furthermore, the Planning Commission finds that an initial study has been prepared by the City Staff and considered by the Planning Commission which has been the basis to evaluate the potential for adverse impact on the environment and forms the basis for the Planning Commission's determination, including the information contained in the public hearing records, on which a Negative Declaration of environmental impact was issued and this di minimis finding is made. In addition, the Planning Commission finds that there is no evidence before the City that the proposed project will have any potential for an adverse effect on wildlife resources, or the habitat on which the wildlife depends. Finally, the Planning Commission finds that the City has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in 14 California Code of Regulations 753.5(d). Section 3. Environmental Compliance. An Initial Study prepared for this project indicates that the proposed project will not have a significant impact on the environment, and a Negative Declaration, therefore, is hereby granted. Section 4. Conditions. That the City of Temecula Planning Commission hereby approves Planning Application No. PA96-0158 for the subdivision of a 10.99 acre parcel into 7 parcels located on the northeasterly corner of Highway 79 South and Margarita Road subject to the following conditions: A. Exhibit A, attached hereto, and incorporated herein by this reference and made a part hereof. FI:\STAFFRPT~157PA96.PC2 11/21/96 cdr Section 5. PASSED, APPROVED AND ADOPTED this 18th day of November, 1996 Lini:la-~atiey, C hairper son - I ItEREBY 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 18th day of November, 1996 by the following vote of the Commission: AYES: 5 NOES: 0 ABSENT: 0 PLANNING COMMISSIONERS: FAI-IEY, MILLER, SLAVEN, SOLTYSIAK, WEBSTER PLANNING COMMISSIONERS: NONE PLANNING COMMISSIONERS: NONE Debbie lJbnoske, Secretary R:\STAFFRPT~157PA96.PC2 12/23/96 cdr