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HomeMy WebLinkAbout91_043 PC Resolution ~ESOLUTION NO. 91-43 A RESOLUTION OF THE PLANNING COMMISSION OF THE CiTY OF TEMECULA APPROVING PARCEL MAP NO. 25349 TO SUBDIVIDE AN 8,2 ACRE PARCEL INTO 3 PARCELS AT THE EASTERN TERMINUS OF JERAMIE DRIVE. WHEREAS. Anita Silliker filed Parcel Map No. 253[t9 in accordance with the Riverside County Land Use. Zoning. Planning and Subdivision Ordinances. which the City has adopted by reference; WHEREAS. 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 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 approval of said Parcel Map; NOW. THEREFORE. THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE. DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findinws, 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 ali 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: 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, A: PM25349 1 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 Parcel Map is consistent with the SWAP and meets 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 approving 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 Parcel Map No. 25349 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. u,60, no subdivision may be approved unless the following findings are made: A: PM25349 2 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 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 significant negative impact on the environment, as determined in the Initial Study performed for the project. A Negative Declaration is recommended for adoption. A: PM25349 3 b) There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time. due to the fact that the project is consistent with the surrounding current residential development zoning and SWAP. 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,due to the fact that the proje~-~ is consistent with surrounding development. d) The proposed use complies with State planning and zoning law due to the fact that the project conforms to the current zoning for the site and to Ordinance No. 460, Schedule H. 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 due to the fact that the project has access to public roads and sufficient building area. f) The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat as determined in the initial study. g) The design of the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities due to the fact that the lots are large enough to provide sufficient southern exposure with passive or active solar possibilities. h) All lots have acceptable access to existing and proposed dedicated rights-of-way which are open to. and are useable by. vehicular traffic, access is provided from Jeramle Drive, A: PM25349 ~. 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 as conditioned. The project will not interfere with any easements. j) The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect 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 health, safety and welfare of the community, SECTION 2, Environmental Compliance. An Initial Study was performed for this project when determined that although the proposed project could have a significant effect on the environment. no significant impact would result to the natural or built environment ~n the City because impacts will be mitigated by adherence to the attached Conditions of Approval which have been added to the project, and a Negative Declaration. therefore, is hereby granted, SECTION 3, Conditions. That the City of Temecula Planning Commission hereby approves Parcel Map No. 253~,9 for the subdivision of a 8.2 acre parcel into 3 parcels located at the eastern terminus of Jeramle Drive subject to the following conditions: A, Attachment 2. attached hereto. SECTION 4, PASSED. APPROVED AND ADOPTED this 20th day of May. 1991. --D[ Ii MAN A: PM25349 5 I HEREBY CERTIFY that the foregoing 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 A: PM253~.9 6