Loading...
HomeMy WebLinkAbout92_025 PC ResolutionATTACHMENT NO. 1 RESOLUTION NO. 92-025 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF TENTATIVE PARCEL MAP NO. 27336 FOR REVERSION TO ACREAGE OF ELEVEN (11) PARCELS ON APPROXIMATELY 11.5 ACRES LOCATED NORTHERLY OF WINCHFSTER ROAD BETWEEN CALLE EMPLEADO AND DIAZ ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 909-310-024 THROUGH 28 AND 41 THROUGH 46 WHEREAS, Rancho California Water District fried Tentative Parcel Map No. 27336 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Tentative Parcel Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Tentative Parcel Map on April 20, 1992 at which time interested persons had an opportunity to testify either in support or opposition; WltEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Tentative Parcel Map; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section I. Findings. following fmdings: 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: general plan. The city is proceeding in a timely fashion with the preparation of the 2. The planning agency f'mds, 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 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 Piano C. The proposed Tentative Parcel Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: The city is proceeding in a timely fashion with a preparation of the general 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 Tentative Parcel Map No. 27336 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time because the project is consistent with the existing SWAP and Zoning Designations will have minimal impact on the surrounding properties. 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 because the projects will have minimal impact on the surrounding properties; c. The proposed use or action complies with all other applicable requirements of state law and local ordinances because it is consistent with the development standards of Ordinance No. 460, which conforms with State Laws. D. Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be approved unless the following f'mdings are made: $\STA FFI~T~'27336'TPM 7 1. That the proposed reversion to acreage is consistent with applicable general and specific plans. 2. That the design or improvement of the proposed reversion to acreage is consistent with applicable general and specific plans. 3. That the site of the proposed reversion to acreage is physically suitable for the type of development. 4. That the site of the proposed reversion to acreage is physically suitable for the proposed density of the development. 5. That the design of the proposed reversion to acreage or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 6. That the design of the proposed reversion to acreage or the type of improvements are not likely to cause serious public health problems. 7. That the design of the proposed 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 cou~ of competent jurisdiction. E. The Planning Commission in recommending approval of the proposed Tentative Parcel Map, makes the following findings, to wit: 1. There is a reasonable probability that Tentative Parcel Map No. 27336 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law. The project, as conditioned, conforms with existing applicable city zoning ordinances and development standards. Further, the proposal is characteristic of similar development approved by the City to date and anticipated in it's vicinity based on current development trends. 2. There is not a likely probability of substantial detriment to, or interference with the City's future General Plan, ff the proposed use is ultimately inconsistent with the Plan. The project is compatible with existing development standards which will likely be included in the City's future General Plan. 3. The proposed use or action as conditioned complies with State planning and zoning laws. Reference local Ordinances No. 348,460; and California Governmental Code Sections 65000-66009 (Planning and Zoning Law). health or welfare. The project as designed and conditioned will not adversely affect the public $\STAFFRPT~7336.TPM 8 5. The proposal will not have an adverse effect on surrounding property. It does not represent a significant change to the present or planned land use of the area. As conditioned, the project conforms with applicable land use and development regulations. 6. The project has acceptable access to dedicated rights-of-way which are open to, and useable by, vehicular traffic. The project draws access from Winchester Road and Avenida de Ventas, improved dedicated City rights-of-way. Project access, as designed and conditioned, conforms with applicable City Engineering standards and ordinances. 7. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the Environmental Analysis for this project. F. As conditioned pursuant to SECTION rll, the Tentative Parcel Map is compatible with the health, safety and welfare of the community. SECTION 1I. Environmental Compliance. An Initial Study prepared for Plot Plan No. 239 indicated that although the proposed project could have a significant impact on the environment, there would 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, was granted. Parcel 27336 reaffirms the Negative Declaration prepared for Plot Plan No. 239. SECTION Ill. Conditions. That the City of Temecula Planning Commission hereby approves Tentative Parcel Map No. 27336 for Reversion to Acreage of eleven (11) parcels on approximately 11.15 acres located northerly of Winchester Road between Calle Empleado and Diaz Road and known as Assessor's Parcel No. 909-310-024 through 028 and 41 through 46 subject to the following conditions: 1. Reference Attachment No. 2. S\STAFFRPT~7336.TPM 9 SECTION IV. PASSED, APPROVED AND ADOPTED this 20th day of April, 1992. I llEREBY 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 April, 1992 by the following vote of the Commission: AYES: 5 PLANNING COMMISSIONERS: BLAIR, CHINIAgI:ZF, FAHEY, FORD, AND HOAGLAND NOES: 0 ABSENT: 0 PLANNING COMMISSIONF_RS: PLANNING COMMISSIONERS: $\$TAFFRFI~27336.TPM 10