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HomeMy WebLinkAbout91-083 CC ResolutionRESOLUTION NO. 91-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PARCEL MAP NO. 26232 TO SUBDIVIDE A 70 PARCEL INTO 18 PARCELS LOCATED ON THE EAST SIDE OF WINCHESTER ROAD NORTH AND SOUTH OF NICOLAS ROAD AND KNOWN AS ASSESSORS PARCEL NUMBERS 911-150-027, 028, 029;911-160-027, 029; 911-170-017, AND 919-450-053. WHEREAS, Wall Street Properties file Parcel Map No. 26232 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinance, which the City has adopted by reference; WltEREAS, said Parcel Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Parcel Map on June 17, 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 Parcel Map; WHEREAS, the City Council conducted a public hearing pertaining to said Parcel Map on August 13, 1991, at which time interested persons had opportunity to testify either in support or opposition to said Plot Plan; and WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding the Parcel Map. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findings. following findings: That the Temecula Planning Commission hereby makes the 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 general plan. Resos 91-83 -1- (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 complies 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 Parcel Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: general plan. O) The City is proceeding in a timely fashion with preparation of the other actions, following: (2) The Planning Commission finds, in approving projects and taking including the issuance of building permits, pursuant to this rifle, each of the a) There is reasonable probability that Parcel Map No. 26232 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 complies with all other applicable requirements of state law and local ordinances. D. (1) Pursuant to Section 7.1 of County Ordinance No. 460, no Resos 91-83 -2- 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 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 judgment of a court of competent jurisdiction. (2) The Planning Commission in recommending approval of the proposed Tentative Parcel Map, makes the following findings, to wit: a) The proposed Parcel Map will not have a significant negative impact on the environment, as determined in the Initial Study performed for the project. A Negative Declaration is recommended for adoption. b) There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time in that the parcels are of adequate size to accommodate commercial structures in conformance with the Specific Plan and use designation. 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 in that in project conforms to the Specific Plan designation of the site for commercial Rcaoa 91-83 -3- land use. d) The Proposed use complies with State planning and zoning law. The project conforms to the current zoning for the site and to Ordinance No. 460, Schedule E, in that the required development standards and improvements are provided on the Parcel Map and the Plot Plan and in their Conditions of Approval. e) The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access, and density in that all lots are adequate to accommodate commercial structures and reciprocal parking and access agreements are required in the Conditions of Approval. f) The design of the subdMsion or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidable inure fish or wildlife or their habitat in that mitigations for all potential impacts are incorporated in Conditions of Approval. g) The design of the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities in that all parcels will have adequate southern exposure. h) All lots have acceptable access to existing and proposed dedicated rights-of-way which are open to, and are useable by, vehicular traffic in that reciprocal parking and access agreements are required in the Conditions of Approval. i) The design of the 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. j) The lawful conditions stated in the project's Conditions of Approval are deemed necessary to project the public health, safety and general welfare. k) That said findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. E. As conditioned pursuant to SECTION 3, the Parcel Map proposed is compatible with the halt, safety and welfare of the community. SECTION 2. Environmental Conlpliauce. 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 measure described in the Resos 91-83 4- Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby granted. SECTION 3. Conditions. That the City of Temecula City Council hereby approves Parcel Map No. 26232, a 70 acre parcel subdivided into 18 parcels located on the east side of Winchester Road North and South of Nicolas Road. A. Attachment 4, attached hereto. SECTION 4. The City Clerk shall certify the adoption of the Resolution. PASSED, APPROVED AND ADOPTED this 13th day of August, 1991. Ronald J. Parks, Mayor ATTEST: [SE L] Resos 91-83 -5- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECIJLA) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 91-83 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 13th day of August, 1991, by the following roll call vote: AYES: 5 COUNCILMEMBERS: Moore, Lindemans, Mufioz, Birdsall, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None reek, City Resos 91-83 -6-