The URL can be used to link to this page

Home My WebLink About91-093 CC ResolutionRESOLUTION NO. 91-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE PARCEL MAP NO. 26845 TO SUBDIVIDE A 3.68 ACRE PARCEL INTO 4 PARCELS LOCATED AT THE NORTHEAST CORNER OF YNEZ ROAD AND SANTIAGO ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 945-060-007 WHEREAS, Mr. and Mrs. James Meyler filed Tentative Parcel Map No. 26845 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 August 19, 1991, 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; WHEREAS, the City Council considered said Tentative Parcel Map on September 10, 1991, at which time interested persons had opportunity to testify either in support or opposition to said Change of Zone; and WHEREAS, at the conclusion of the Council hearing, the Council approved said Tentative Parcel Map; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findings. That the Temecula City Council hereby makes the following findings: Ao Resos 91-93 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 rime, 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 2. The planning agency finds, in approving project 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 acrion 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 Are 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 rime, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a rimely fashion with the preparation of its General Plan. C. The proposed Tentative Parcel Map Extension 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 2. The Planning Commission finds, in recommending approval of projects and taking other actions, including the issuance of building permits, pursuant to this rifle, each of the following: a. There is reasonable probability that Tentative Parcel Map No. 26845, 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 litfie or no probability of substantial detriment to, or interference with, Resos 91-93 -2- the future and adopted General Plan, if the proposed use or action is ultimately inconsistent with the plan. c. The proposed use or action complies with all other applicable requirements of state law local ordinances. D. 1. Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be approved unless the following findings are made: general and specific plans. That the proposed land division is consistent with applicable b. That the design or improvement of the proposed land division is consistent with applicable general and specific plans. c. That the site of the proposed land division is physically suitable for the type of development. d. That the site of the proposed land division is physically suitable for the proposed density of the development. e. That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidable injure fish or wildlife or their habitat. f. That the design of the proposed land division of the type of improvements are not likely to cause serious public health problems. g. That the design of the proposed land division of 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 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 judgement of a court of competent jurisdiction. 2. The Council in approving of the proposed Tentative Parcel Map, makes the following findings, to wit: Tentative Parcel Map No. 26845 Resos 91-93 -3- a. The proposed Parcel Map will not have significant negative impact on the environment, as determined in the Initial Environmental Assessment prepared for Tentative Parcel Map No. 26845. A Negative Declaration is recommended for adoption. b. There is a reasonable probability that this proposal will be consistent with the General Plan being prepared at this time. The map together with the attendant zone change request are consistent with applicable subdivision and land use ordinances, and conform with the City's Southwest Area Plan (SWAP) guidelines affecting the subject property. c. There is not a likely probability of substantial detriment to, or interference with, the future adopted General plan, if the proposed use is ultimately inconsistent with the plan. The project is consistent with surrounding development, and does not logically have the potential to generate significant adverse environmental impacts. d. The proposed use or action complies with City and State planning and zoning laws. Reference local Ordinances No. 348, 460, California Governmental Code Sections 6500-66009 (Planning Zoning Law), and Government Code Title 7, Division 2. e. The site is suitable to accommodate the proposed land use in terms of the size and shape of parcel configurations, access, and density. The project has access to public rights-of-way, and is designed with sufficient parcel acreage allowing appropriate building pad sightings. f. The projects as designed and conditioned will not adversely affect the built or natural environment as determined in the Initial Study prepared for this project. Reference the attached Initial Environmental Study and Conditions of Approval for Tentative Parcel Map No. 26845. g. The design of subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project as conditioned. Easement dedications are not evident in grant deeAs describing the property. h. The site for the proposed use is provided legal access via Ynez Road and Santiago Road public rights-of-way. Development of these roads shall comply with City Engineering Conditions of Approval contained herein. I. The proposed project will not inhibit or restrict future ability to use active or passive solar energy systems. Adequate lot areas and exposures are provided for these alternatives. j. The proposed use will not have a substantial adverse affect on abutting properties or the permitted use thereof. The proposed map provides for residential Resos 91-93 -4- development similar in character and densities evident on vicinity properties. Land use incongruities and associated adverse affects arising from implementation of this proposal are unlikely. E. As conditioned pursuant to SECTION 2, the Tentative Parcel Map is compatible with the health, safety and welfare of the community. SECTION 2. Environmental compliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, recommended. SECTION 3. Conditions. That the City of Temecula City Council hereby approved Tentative Parcel Map No, 26845 for the subdivision of a 3.68 acre parcel into 4 parcels located at the Northeast comer of Ynez Road and Santiago Road and known as Assessor's Parcel No. 945- 060-007 subject to the following conditions: A. Exhibit A, attached hereto. SECTION 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 10th day of September, 1991. Ronald J. Parks, Mayor ATTEST: k, City [SEAL] Resos 91-93 -5- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 10th day of September, 1991 by the following vote: AYES: 5 COUNCIL MEMBERS: Birdsall, Moore, Lindemans, Mufioz, Parks NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Greek, City Clerk Resos 91-93 -6- ATTACHMENT NO. 4 EXHIBITS ~TAFFRPT~CZ1 §~zo84§.'FPNI 4,5 CITY OF TEMECULA ) V/C/N/7' Y M~ P no scale VICINITY MAP ) CASE NO. c~_ t~ P.C. D AT E ~' IC~°(~t ~-R~Sp ZONE (180 ~5 CZ 5105 R-A-2 I/?-. CZ 2200 R-A-?- I/2 ZONE MAP R-A-2 i/2 CZ 7:52 CASE NO, P.c. O~TES'-Iq-cll CITY OF TEMECULA SP. 18~ 1 SWAP MAP CASE NO.~.~-. t~ P.C. DATE CITY OF TEMECULA ) TENTATIVE PARCEL MAP 26845 MARKHAM ~o ASSOCIATES 41750 WINCHlESTER ROAO. $UIT~ "N" T[MECULA,CA 9~'5g0 676-6672 CASE NO. d_,*C. e~ P.C. O~T E ~.. iOr~11 AT'TACHMENT NO. 5 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO.: Tentative Parcel Map No. 26845 The following fees were reviewed by Staff relative to their applicability to this project. Fee Habitat Conservation Plan (K-Rat) Parks and Recreation (Quimby) Public Facility (Traffic Mitigation) Public Facility (Traffic Signal Mitigation) Condition of Approval Condition No. 20 Condition No. 27 Condition No. 64 Condition No. 42 Public Facility Condition No. 19.a (Library) Fire Protection Flood Control (ADP) Condition No. 10 Condition No. 60 STAFFRPT~CZl 5\26845.TPM 4,6