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HomeMy WebLinkAbout91_049 PC Resolution RESOLUTION NO. 91-49 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF A SECOND EXTENSION OF TIME FOR PARCEL MAP NO. 21769 AMENDED NO. 3 TO SUBDIVIDE A 94,9 ACRE PARCEL INTO 4 PARCELS AT RAINBOW CANYON ROAD IMMEDIATELY SOUTH OF TEMECULA CREEK INN GOLF COURSE WHEREAS. RANPAC ENGINEERING filed an extension of time request for Parcel Map No. 21769 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 recommended approval of said Parcel Map; NOW, THEREFORE. THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE. DETERMINE AND ORDER AS FOLLOWS: SECTION 1, Findln.cjs, 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: I1) The city is proceeding in a timely fashion with the preparation of ~he general plan, 12) 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:PM21769 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 forff~h 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. 21769 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 subdivision may be approved unless the following findings are made: a) That the proposed land division is consistent with applicable general and specific plans. A: PM21769 2 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) 3'hat 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 County adopted a Negative Declaration in conjunction with the original approval of Parcel Map 21769, b) There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time in that the lots are of sufficient size to conform to the standards of any zone, A: PM21769 3 c) There is not a likely probability of substantial detriment to. or interference with. the future adopted General Plan. if the proposed Parcel Map is ultimately inconsistent with the plan due to the size of the parcels and current surrounding development, i d) The proposed use complies with State planning and zoning laws. The project conforms to the currently zoning for the site and to Ordinance No. 460. Schedule E. e) That the site of the proposed land division is physically suitable for the type of development due to the fact that the proposal is for the creation of 4 lots with the minimum lot size being 14.2 acres. The size of the lots will allow appropriate size for future development per the current zoning designations. f) The project does not conflict with any known easements of recorded. g) The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety and general welfare, 9) 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 prepared for this project indicated that the proposed project will not have a significant impact on the environment, and a Negative Declaration, was adopted by the County on August 21, 1987. SECTION 3. Conditions. That the City of Temecula Planning Commission hereby recommends approval of a Second Extension of time for Parcel Map No.21769, Amended 3. for the subdivision of a 94.9 acre parcel into 4 parcels located at Rainbow Canyon Road immediately South of Temecula Creek Inn Golf Course subject to the following condltlons: A, Exhibit A. attached hereto, A: PM21769 4 SECTION 4. PASSED, APPROVED AND ADOPTED this 20th day of May, 1991. 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 PLANNINC COMMISSIONERS ABSENT: 0 PLANNINC COMMISSIONERS A: PM21769 5