HomeMy WebLinkAbout91_054 PC Resolution RESOLUTION NO. 90-54
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING TENTATIVE TRACT
MAP NO. 25055 TO SUBDIVIDE A 2.55 ACRE PARCEL
INTO A 29 UNIT CONDOMINIUM DEVELOPMENT KNOWN
AS ASSESSOR'S PARCEL NO. 921-330-009. 010.
WHEREAS. Jack Hamry filed Tentative Tract Map No. 25055 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 Tentative Tract
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
approval of said Tentative Tract Map;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Findin.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:
{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,
(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 Tentative Tract 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
Tentative Tract Map No, 25055 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.
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lc) The proposed use or action complies with all
other applicable requirements of state law and
local ordinances,
D, ll) Pursuant to Section 7,1 of County Ordinance No,
460. no subdivision or extension of time 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 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.
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(2) The Planning Commission in approving the proposed
Tract Map makes the following findings, to wit:
a) There is a reasonable probability that this
project will be consistent with the City's
future General Plan, which will be completed
in a reasonable time and in accordance with
State law. due to the fact that the project is
consistent with existing site development
standards in that it proposes articulated
design features and site amenities
commensurate with existing and anticipated
residential development standards.
b) There is not a likely probability of
substantial detriment to or interference with
the future and adopted general plan. if the
proposed use or action is ultimately
inconsistent with the plan. due to the fact
that the project is in conformance with
existing and anticipated land use and design
guidelines standards.
c) The proposed use or action complies with
state planning and zoning laws, due to the
fact that the proposed use conforms with
those uses listed as "allowed" within the R-2
zoning designation of Ordinance 3[t8.
d) The site is suitable to accommodate the
proposed land use in terms of the size and
shape of the lot configuration, circulation
patterns, access, and density, due to the
fact that; adequate area is provided for all
proposed residential structures; adequate
landscaping is provided along the project's
public and private frontages; and the
internal circulation plan should not create
traffic conflicts as design provisions are in
conformance with adopted City standards,
e) The project as designed and conditioned will
not adversely affect the public health or
welfare, due to the fact that the conditions
stated in the approval are based on mitigation
measures necessary to reduce or eliminate
potential adverse impacts of the project.
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f) Tentative Tract Map No. 25055 is compatible
with surrounding land uses. The harmony in
scale, bulk. height, density and coverage
creates a compatible physical relationship
with adjoining properties, due to the fact
that the proposal is similar in compatibility
with surrounding land uses; and adequate
a~ea and design features provide for siting of
proposed development in terms of landscaping
and internal traffic circulation.
g) The proposal will not have an adverse effect
on surrounding property because it does not
represent a significant change to the present
or planned land use of the area. due to the
fact that the proposed project is consistent
with the current zoning of the subject site.
h) The project as designed and conditioned will
not adversely affect the built or natural
environment as determined in the Initial
Study for the project, due to the fact that
impact mitigation is realized by conformance
with the project's Conditions of Approval.
i) The project has acceptable access to a
dedicated right-of-way which is open to. and
useable by. vehicular traffic, due to the fact
that the project currently proposes access
points from Via La Vida which have been
determined to be adequate by the City
Engineer,
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 projects, due to
the fact that this is clearly represented in the
site plan and the project analysis.
k) That said findings are supported by minutes.
maps, exhibits and environmental documents
associated with these applicants and herein
incorporated by reference, due to the fact
that they are referenced in the attached Staff
Report. Exhibits. Environmental Assessment.
and Conditions of Approval.
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E. As conditioned pursuant to SECTION 3. the Tentative
Tract Map is compatible with the health, safety and welfare of the
community,
SECTION 2, Environmental Compliance.
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 measures described in the
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 Planning Commission hereby approves
Tentative Tract Map No. 25055 for the subdivision of a 2.55 acre parcel into 29
condominium units located on the north side of Via La Vida. 1,000 feet east of
Margarita Road and known as Assessor's Parcel No, 921-330-009, 010 subject to the
following conditions:
A. Attachment 2, attached hereto.
SECTION 4.
PASSED, APPROVED AND ADOPTED this 17th day of June, 1991.
CHAIRMAN
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 17th day of June. 1991 by the following vote of the Commission:
AYES: 4 PLANNING COMMISSIONERS
NOES: 0 PLANNING COMMISSIONERS
ABSENT: 1 PLANNING COMMISSIONERS
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