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HomeMy WebLinkAbout92-09 CC ResolutionRESOLUTION NO. 9209 A RESOLUTION OF THE CITY COUNCIL AFFIRMING THE DECISION OF THE PLANNING COMMISSION TO APPROVE PLOT PLAN 86, REVISED NO. 1 TO CONSTRUCT A 225 SQUARE FOOT ADDITION TO AN EXISTING STRUCTURE, A 120 SQUARE FOOT GENERATOR PAD (WITH GENERATOR) AND A 1,000 GALLON PROPANE TANK SITE (WITH PROPANE TANK) ON A PARCEL CONTAINING .68 ACRES LOCATED AT 30975 LA SERENA WAY (EAST SIDE OF LA SERENA WAY, APPROXIMATELY 500 FEET NORTH OF SOUTH KEARNY ROAD) AND KNOWN AS ASSESSOWS PARCEL NO. 946-050-015 WHEREAS, Inland Valley Cable Vision filed Plot Plan No. 86, Revised No. 1 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Plot Plan application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Plot Plan on January 6, 1992 at which time interested persons had an opportunity to testify either in support or opposition; WI:II~,EAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Plot Plan; WHEREAS, Appeal No. 21 was filed in the time and manner prescribed by state and local law pertaining to the Planning Commission's approval of Plot Plan No. 86, Revised No. 1; WHEREAS, the City Council conducted a public hearing pertaining to said Appeal No. 21 on February 11, 1992 at which time interested persons had opportunity to testify either in support or opposition to said Appeal; and WHEREAS, the City Council received a copy of the Staff Report regarding the Appeal; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TI~VIECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findings. That the Temecula City Council hereby makes the following findings: 1. Pursuant to Governme nt 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 Resos 92-09 -1- requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: A. The City is proceeding in a timely fashion with the preparation of the general B. The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: 1. 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 with in reasonable time. 2. 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. 3. The proposed use or action complied with all other applicable requirements of State law and local ordinances. 2. 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. 3. The proposed Plot Plan is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: A. The City is proceeding in a timely fashion with a preparation of the general B. The City Council finds, in approving projects and taking other actions, including the issuance of building permits, pursuant to this ritle, each of the following: 1. There is reasonable probability that Plot Plan No. 86, Revised No. 1 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. 2. 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. Resos 92-09 -2- 3. The proposed use or action complies with all other applicable requirements of state law and local ordinances. 4. Pursuant to Section 18.30(c), no plot plan may be approved unless the following findings can be made: A. The proposed use must conform to all the General Plan requirements and with all applicable requirements of State law and City ordinances. B. The overall development of the land is designed for the protection of the public health, safety and general welfare; conforms to the logical development of the land is compatible with the present and future logical development of the surrounding property. 5. The City Council, in upholding the Planning Commissions decision, made the following findings: A. There is a reasonable probability that Plot Plan No. 86 Revised No. 1 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 proposed, conforms with existing applicable city zoning and development ordinances. B. 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. The project is of insignificant scale in context of the broad goals and directives anticipated in the City's General Plan. C. The proposed use or action complies with State planning and zoning laws. Reference local Ordinance No. 348 and California Governmental Code Sections 65000-66009 (Planning and Zoning Law). D. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuration, circulation patterns, access, and intensity of use. The proposed use will be placed on or adjacent to an existing structure. E. The project as designed and conditioned will not adversely affect the public health or welfare. The project is categorically exempt per the CEQA Guidelines. F. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the present or planned land use of the area. The project conforms with applicable land use and development regulations and reflects design aspects currently existing in the proposal's existing site. G. The project has acceptable access to a dedicated right-of-way (South General Resos 92-09 -3- Kearny Road), which is open to, and useable by, vehicular traffic. H. The design of the project together with the type of supporting improvements are such that they are not in conflict with easements for access through, or use of the property within the proposed project. I. Said findings are supported by minutes, maps, exhibits and environmental documents associated with these applications and herein incorporated by reference. Supporting documentation is attached. 6. As conditioned pursuant to SF_.L-WION 3, the Plot Plan proposed conforms to the logical development of its proposed site, and is compatible with the present and future development of the surrounding property. SECTION 2. Environmental Compliance. The proposed Revised Plot Plan is a Class I Categorical Exemption pursuant to Section 15301 (e) (1) of the CEQA guidelines which pertains to minor additions to existing structures. SECTION 3. Conditions. That the City of Temecula City Council hereby upholds the Planning Commission decision for the operation and construction of a 120 square foot generator pad (with generator) and a 1,000 gallon propane tank site (with propane tank) on a parcel containing .68 Acres located at 30975 La Serena Way (east side of La Serena Way, approximately 500 feet north of south Kearny Road) and known as Assessor's Parcel No. 946-050-015 located at the subject to the following conditions: 1. Attachment 3, attached hereto. SECTION 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 1 lth day of February, 1992. Patricia H. Birdsall, Mayor ATTEST: [SEAL] Resos 92-09 -4- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula HEREBY DO CERTIFY, that the foregoing Resolution was duly adopted by the City Council at a regular meeting thereof, held on the 1 lth day of February 1992 by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Moore, Parks NOES: 1 COUNCILMEMBERS: Mufioz ABSENT: 0 COUNCILMEMBERS: None ABSTAIN 1 COUNCILMEMBERS: Lindemaas Resos 92-09 -5- ATTACHMENT NO. 3 STAFF REPORT FOR JANUARY 6, 1992 PLANNING COMMISSION MEETING S\STAFFRPT\86PP-1,CC 1 0 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION January 6, 1992 Case No.: Plot Plan No. 86, Revised No. 1 Prepared By: Matthew Fagan RECOMMENDATION: ADOPT Resolution No. 92-__ approving Plot Plan 86, Revised No. 1 based on the analysis and findings contained in the Staff Report and subject to the attached Conditions of Approval. APPLICATION INFORMATION APPLICANT: Inland Valley Cablevision REPRESENTATIVE: Robert Davis PROPOSAL: To construct a 225 square foot addition to an existing Inland Valley Cablevision structure along with a 120 square foot generator pad (with generator) and a 1,000 gallon propane tank site (with propane tank). LOCATION: 30975 La Serena Way (east side of La Serena Way, approximately 500 feet north of South General Kearny Road). EXISTING ZONING: S-P (Specific Plan 199) SURROUNDING ZONING: North: R-R South: S-P East: S-P West: R-1 (Rural Residential) (Specific Plan No. 199) (Specific Plan No. Residential) (One-Family Dwellings) 199)/R-R (Rural PROPOSED ZONING: Not Requested EXISTING LAND USE: Communications tower, utility building and six satellite earth- station dishes. SURROUNDING LAND USES: North: Park South: Park East: Metropolitan Water District Easement West: Park S\STAFFRPT\86-REV.PP 1 PROJECT STATISTICS Site Area: Building Area: Generator Pad: Propane Tank: Landscaping: .68 acres 414 square feet 120 square feet 1,000 gallons 100 15 gallon trees 182 5 gallon shrubs BACKGROUND On August 20, 1990, the Planning Commission approved Plot Plan No. 86 requesting construction of a 60 foot tower with a 10 foot microwave dish mounted on its upper portion. The visual impact of the tower was mitigated through landscaping around the tower and accessory building, as well as by enclosing all equipment and structures with an ornamental wrought iron fence. Plot Plan No. 86 Revised No. 1 was submitted to the City of Temecula on October 29, 1991. The case was originally scheduled for Development Review Committee (DRC) on November 21, 1991 and was subsequently placed on the December 5, 1991 DRC agenda where a Planning Commission date was established. PROJECT DESCRIPTION The subject project is located at 30975 La Serena Way (east side of La Serena Way, approximately 500 feet north of South General Kearny Road). See Exhibit A. Plot Plan No. 86, Revised No. 1 is an application requesting construction of a 225 square foot addition to an existing structure, a 120 square foot generator pad and a 1,000 gallon propane tank site. The 225 square foot addition will consist of a storage room and an equipment room and will be a continuation of the architectural style of the existing structure. The proposed generator will be enclosed by retaining walls to the north and east and a 5 foot high noise abatement wall to the west. A 1,000 gallon propane tank will be on the southeast corner of the site. The applicant has submitted Plot Plan No. 86, Revised No. 1 in order to upgrade cable facilities, to add additional stations, and to improve reception capabilities. The generator is for emergency back-up communications networks (police, fire) and to broadcast information to the general public. The propane tank (if full) would keep the generator running for approximately 30 days. The landscaping, which is already in place will serve as adequate screening for the proposed additions to the site and no additional landscaping is necessary. S\STAFFRPT\86-REV.PP 2 ANALYSIS The proposed project is located in Planning Area 45 of Specific Plan No. 199 (Margarita Village). Article VIII e, Section 8.101 of Ordinance No. 348 is the applicable development standard for the Planning Area. Building setbacks for front, side and rear are required to be not less than 50 feet per Ordinance No. 348. The existing and proposed uses for the site do not meet the minimum setback criteria. It is Staff's opinion, that due to the location of the project in relation to surrounding uses that the 50 foot setback criteria is indirectly met. There is a park to the north, south and west of the project site and a 120 foot wide Metropolitan Water District easement to the east of the site. Staff was concerned with the amount of noise and duration of operation of the proposed generator. The applicant supplied information which indicated that at a distance of 200 feet, the generator would create noise at 47 decibels, without a noise attenuation wall. The proposed project includes a noise attenuation wall around the generator which would, in Staff's opinion, reduce any impacts from noise to a level of less than significant. Ingress and egress to the site is along a 20 foot wide recorded easement on the Metropolitan Water District easement. Concern was raised regarding access to the site during inclement weather. This issue has been rectified and has been incorporated in the Conditions of Approval per the Department of Public Works. The condition requires that the 20 foot wide access road to the property shall be improved to all weather standards prior to issuance of certification of occupancy. EXISTING ZONING, FUTURE GENERAL PLAN AND SWAP CONSISTENCY The project as conditioned, conforms with existing zoning (S-P) affecting the subject property and is compatible with Southwest Area Plan (SWAP) land uses recommendations for the site (S-P). As such, it is likely that Plot Plan 86, Revised No. I will be consistent with the City's General Plan recommendations for the property in question, upon the plan's final adoption. ENVIRONMENTAL DETERMINATION The proposed project is a Class I Categorical Exemption pursuant to Section 15301 (e) (1) of the CEQA guidelines. Class I exemptions relates to the operation, repair, maintenance, or minor alterations of existing facilities of both investor or publically-owned utilities used to provide electric power, natural gas, sewage, or other public utility services provided that the addition will not result in an increase of more than 50 percent of the floor area of the structure before the addition , or 2,500 square feet, whichever is less. S\STAFFRPT\86-REV.PP 3 SUMMARY/CONCLUSIONS Based upon the analysis above, it is Staff's determination that impacts of the proposed project will be negligible to the surrounding uses. The addition of a generator to the site will be an asset to the City in the event of an emergency in terms of communications between agencies (fire, police) and for the general public. The project as designed and conditioned also conforms with the City's existing zoning ordinances and SWAP guidelines and as such will also likely conform with the city's future General Plan. FINDINGS There is a reasonable probability that Plot Plan No. 86 Revised No. 1 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 proposed, conforms with existing applicable city zoning and development ordinances. 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. The project is of insignificant scale in context of the broad goals and directives anticipated in the City's General Plan. The proposed use or action complies with State planning and zoning laws. Reference local Ordinance No. 348 and California Governmental Code Sections 65000-66009 (Planning and Zoning Law). The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuration, circulation patterns, access, and intensity of use. The proposed use will be placed on or adjacent to an existing structure. The project as designed and conditioned will not adversely affect the public health or welfare. The project is categorically exempt per the CEQA Guidelines. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the present or planned land use of the area. The project conforms with applicable land use and development regulations and reflects design aspects currently existing in the proposal's existing site. The project has acceptable access to a dedicated right-of-way (South General Kearny Road), which is open to, and useable by, vehicular traffic. The design of the project together with the type of supporting improvements are such that they are not in conflict with easements for access through, or use of the property within the proposed project. Said findings are supported by minutes, maps, exhibits and environmental documents associated with these applications and herein incorporated by reference. Supporting documentation is attached. S\STAFFRPT\86-REV.PP 4 STAFF RECOMMENDATION: ADOPT Resolution No. 92~__ approving Plot Plan 86 Revised No. 1 based on the analysis and findings contained in the Staff Report and subject to the attached Conditions of Approval. vgw Attachments: Resolution No. 92-__- page 6 Conditions of Approval - page 11 Exhibits - page 16 a. Vicinity Map b, SWAP Map c. Zoning Map d. Site Plan e, Elevations f. Floor Plan g. Landscaping Plan S\STAFFRPT\8§-REV. PP 5