HomeMy WebLinkAbout91_040 PC Resolution RESOLUTION NO. 91-~,0
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING APPROVAL OF
VESTING TENTATIVE TRACT MAP NO. 26861 TO
DEVELOP A 1~,.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 Vesting 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;
WHEREAS. said Tentative Tract Map application was processed in the
time and manner prescribed by State and local law;
WHEREAS. the Planning Commission considered said Revised 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
approved said Vesting Tentative Tract Map;
NOW. THEREFORE. THE PLANNING COMMISSION OF THE CITY OF
TEMECULA DOES RESOLVE. DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Findings. That theTemecula 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 general plan.
(2) The planning agency finds, in approving projects and
taking other actions, including the issuance of building
permits, each of the following:
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(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,
lb) 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.
lc) 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. I 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 Revised Vesting Tentative Tract Map and is
consistent with the SWAP and meet the requirements set forth in Section
65360 of the Government Code. to wit:
~1) The city is proceeding in a timely fashion with a
preparation of the general plan.
(2) The Planning Commission finds, in recommending
approval of projects and taking 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,
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(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 subdivision may be approved unless the following findings are
made:
a) That the proposed land division is consistent
with applicable general and specific plans,
b) That the design or improvement of the
proposed land division is consistent with
applicable general and specific plans,
c) That th;' 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 Tract Map. makes the following findings, to
wit:
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a) There is a 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 in
the vicinity of the project site. The overall
density for the entire 221 acres is 3,7 units
per acre which conforms to the SWAP
designation of 2-5,
b) The proposed project does not conform with
Ordinance No. 3~,8 development standards for
Planned Residential Developments I 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
recommend an official waiver for the required
minimum ground floor area.
c) Adequate public street access will be
provided to every lot. The legal owner of
record has offered to make all required
dedications.
d) The proposed project is physically suitable in
design for the proposed density due to the
fact that only 5% of the s~te net area is being
designated as common recreation area for a
project with a density of 9,7 DU/AC.
e) Staff finds that site access will be adequate.
Assessment District 159 will provide for
street improvements on Pala Road and
Highway 79. and two 12) access points to the
site are shown on the map.
f) 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.
g) 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 for required common open space
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that may not be detrimental to the Parks and
Recreational elements of the General Plan.
h) 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.
i) The proposed project makes adequate
provision for future passive or natural solar
heatln9 opportunities in that all proposed
parcels have adequate southern exposure.
j) The lawful conditions stated in the project's
Conditions of Approval are deemed necessary
to protect the public health, safety, and
welfare.
k) These 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 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 or substantially
increased environmental impacts. An addendum to EIR No, 281 is hereby
recommended for adoption.
SECTION 3, Conditions.
That the Cityof Temecula Planning Commission hereby approves Vesting
Tentative Tract Map No. 26861 for the development of a 1[~,68 acre parcel into
single family detached condominium units located along the south side of Highway 79
between Pala and Margarita Roads and known as Assessorms Parcel No. 926-016-025
subject to the following conditions:
A. Attachment II, attached hereto,
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SECTION 4.
PASSED. APPROVED AND ADOPTED this 20th day of May. 1991.
I HEREBY CERTIFY that the foregoin9 Resolution was duly adopted by
the Planning Commission of the City of Temecula at a regular meeting thereof, held
on the 20th day of May. 1991 by the following vote of the Commission:
AYES: 5 PLANNING COMMISSIONERS
NOES: 0 PLANNING COMMISSIONERS
ABSENT: 0 PLANNING COMMISSIONERS
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