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Home My WebLink About91-070 CC ResolutionRESOLUTION 91-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING VESTING TENTATIVE TRACT MAP NO. 26861 TO DEVELOP A 14.68 ACRE PARCEL INTO 142 SINGLE FAMILy DETACHED CONDOMINIUM UNITS LOCATED ALONG THE SOUTH SIDE OF HIGHWAY 79 BETWEEN PALA AND MARGARITA ROADS AND KNOWN AS ASSESSOR'S PARCEL NO. 926-016-025. WHEREAS, Presley of San Diego filed Vested Tentative Tract Map No. 26861 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WI-IEREAS, said Tentative Tract Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Vesting Tentative Tract Map on May 20, 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 Vesting Tentative Tract Map; WHEREAS, the City Council conducted a public hearing pertaining to said Vesting Tentative Tract Map on July 2, 1991, at which time interested persons had opportunity to testify either in support or opposition to said Vesting Tentative Tract Map; and WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding the Vesting Tentative Tract Map; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. FindinEs. That the Temecula Planning Commission hereby makes the following findings: 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 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 Reso 91-70 - 1- 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 Vesting Tentative Tract Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: general plan. (1) The City is proceeding in a timely fashion with a preparation of the (2) The Planning Commission finds, in recommending approval of projects and talcing other actions, including the issuance of building permits, pursuant to this title, each of the following: (a) There is reasonable probability that Vesting Tentative Tract Map No. 26861 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 compiles with all other applicable requirements of state law and local ordinances. Re~o 91-70 -2- 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 plan. (a) 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 unavoidably injure fish or wildlife or their habitat. (f) That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. (g) 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 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 City Council in approving the proposed Vesting Tentative Tract Map, makes the following findings, to wit: 1. There is reasonable probability that the proposed R-3 portion of the project will be consistent with the future general plan. Furthermore, densities and uses proposed are similar to existing densities and uses proposed are similar to existing densities and uses in the vicinity of the projects site. The overall density for the entire 221 acres is 3.7 units per acre which conforms to the SWAP designation of 2-5. 2. The proposed project does not conform with Ordinance No. 348 development standards for Planned Residential Developments (PRD) due to the fact that the proposed development is proposing less than 1,000 square feet of ground floor living area which is required. Therefore, the applicant respectfully requests that the Planning Commission Reso 91-70 -3- recommend an official waiver for the required minimum ground floor area. 3. Adequate public street access will be provided to every lot. The legal owner of record has offered to make all required dedications. 4. The proposed project is physically suitable in design for the proposed density due to the fact that only 5 % of the site net area is being designated as common recreation area for a project with a density of 9.7 DU/AC. 5. Staff finds that site access will be adequate. Assessment District 159 will provide for street improvements on Pala Road and Highway 79, and two (2) access points to the site are shown on the map. 6. There is a reasonable probability that the project will be consistent with the City's General Plan once adopted, in that the proposed design includes sufficient common open space and may therefore be consistent with the future General Plan. 7. It is likely that the proposed vesting tentative map will not constitute a substantial detriment to the future General Plan, if the proposed subdivision is ultimately inconsistent with the plan, in that it may set a precedence of required common open space that may not be detrimental to the Parks and Recreational elements of the General Plan. 8. The project will not have a significant adverse affect on the environment. The County of Riverside Board of Supervisors certified EIR No. 281 in conjunction with the approval of Vesting Tentative Tract Map Nos. 23267 and 23299. Vesting Tentative Tract Map No. 26861 will not result in any new or substantially increased environmental impacts. 9. The proposed project makes adequate provision for future passive or natural solar heating opportunities in that all proposed parcels have adequate southern exposure. 10. The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety, and welfare. 11. These findings are supported by minutes, map, exhibits, and environmental documents associated with these applications and herein incorporated by reference. E. As conditioned pursuant to SECTION 3, the Vesting Tentative Tract Map is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. The County of Riverside Board of Supervisors certified EIR No. 281 in conjunction with the approval of Vesting Tentative Tract Map Nos. 23267 and 23299. Vesting Tentative Tract Map No. 26861 will not result in any new Reso 91-70 -4- or substantially increased environmental impacts. An addendum to EIR No. 281 is hereby recommended for adoption. SECTION 3. Conditionn. That the City of Temecula City Council hereby approves Vesting Tentative Tract Map No. 26861 for the development of a 14.68 acre parcel into 142 single family detached condominium units located along the south side of Highway 79 between Pala and Margarita Roads and known as Assessor's Parcel No. 926-016-025 subject to the following conditions: A. Attachment II, attached hereto. PASSED, APPROVED AND ADOPTED this 2nd day of July, 1991. Ronald J. Parks, Mayor ATTEST: City Clerk [SEAL] Rcao 91-70 -5- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECLTLA ) I I-IF~RERY 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 2nd day of July, 1991, by the following roll call vote: AYES: 4 COUNCILMEMBERS: Birdsall, Moore, Mufioz, Parks NOES: 1 COUNCILMEMBERS: Lindemans ABSENT: 0 COUNCILMEMBERS: None Greek, R¢~o 91-70 -6-