HomeMy WebLinkAbout92_013 PC Resolution ATTACHMENT NO. 1
RESOLUTION NO. 92-013
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA APPROVING THE SECOND EXTENSION OF TIME
FOR VESTING TENTATIVE TRACT MAP NO. 23102 TO
SUBDIVIDE A 16.4 ACRE PARCEL INTO 37 SINGLE FAMILY
RESIDENTIAL LOTS, LOCATED WEST OF BUTTERFIELD STAGE
ROAD AND NORTH OF LA SERENA WAY AND KNOWN AS
ASSESSOR'S PARCEL NO. 923-200-019.
WHEREAS, Marlborough Development Corporation filed Second Extension of
Time in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision
Ordinances, which the City has adopted by reference;
WHEREAS, said Second Extension of Time application was processed in the
time and manner prescribed by State and local law; .to ~,..,
WHEREAS, the Planning Commission considered said Second Extension of Time
on February 24, 1992, at which time interested persons had an opl~er~nity to testify either
in support or opposition;
WHEREAS, at the conclusion of the Commission hearing, the Commission
approved said Second Extension of Time;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA
DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION I. Findings.
That the Temecula Planning Commission hereby makes the following findings:
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 p!ae: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
gen.eral 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.
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,
The proposed Second Extension of Time is consistent with the SWAP and meets the
requirements set forth in Section 65360 of the Government Code, to wit:
A. The city is proceeding in a timely fashion with a preparation of the general plan.
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:
(1)
There is reasonable probability that Second Extension of Time for
Vesting Tentative Tract Map No. 23102 proposed will be consistent
with the general plan proposal being studied which will be considered
within a reasonable time because the project is consistent with current
zoning and SWAP designations,
(2)
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 all of the surrounding area
is existing residential development,
(3)
The proposed use or action complies with all other applicable
requirements of state law and local ordinances because the project is
consistent with the approved specific plan which is consistent with
state law and local ordinances,
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:
That the proposed land division is consistent with applicable general and
specific plans,
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B. That the design or improvement of the proposed land division is consistent with
applicable general and specific plans.
That the site of the proposed land division is physically suitable for the type of
development.
That the site of the proposed land division is physically suitable for the
proposed density of the development.
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.
That the design of the proposed land division or the type of improvements are
not likely to cause serious public health problems.
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.
(1)
The Planning Commission in approving the proposed Second Extension
of Time, 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 project site's
existing Specific Plan No. 199 (Low Density Family Housing) land
use designation.
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(D)
(E)
(F)
(G)
(H)
(I)
(J)
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.
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.
Vesting Tentative Tract Map No, 23102 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
area and design features provide for siting of proposed
development in terms of landscaping and internal traffic
circulation,
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 (Specific Plan No. 1 99), and also consistent with the
adopted Southwest Area Community Plan (SWAP) designation of
Specific Plan.
The project as designed and conditioned will not adversely affect
the built or natural environment as determined in the Negative
Declaration adopted by the County for the project, due to the
fact that impact mitigation is realized by conformance with the
project's Conditions of Approval.
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 an independent access
point from La Serena Way which has 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.
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(K)
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.
As conditioned pursuant to SECTION III, the Vesting Tentative Tract Map Second
Extension of Time is compatible with the health, safety and welfare of the community.
SECTION II. Environmental Compliance.
That the City of Temecula Planning commission hereby determines that the previous
Environmental Determination (Adoption of Negative Declaration for Environmental Assessment
No. 32534) still applies to said tract map. 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 EIR
202 and in the Conditions of Approval have been added to the project, and a Negative
Declaration, therefore, is hereby granted.
SECTION III. Conditions.
That the City of Temecula Planning Commission hereby approves the Second Extension of
Time for Vesting Tentative Tract Map No. 23102 for the subdivision of a 16.4 acre parcel into
37 single family residential lots located west of Butterfield Stage Road and north of La Serena
Way and known as Assessor's Parcel No. 923-200-019 subject to the following conditions:
1. Attachment No. 2, attached hereto.
PASSED, APPROVED AND ADOPTED this 24th day of February, 1992.
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 24th day of
February, 1992 by the following vote of the Commission:
AYES:
4 PLANNING COMMISSIONERS
NOES:
0 PLANNING COMMISSIONERS
ABSENT: 1 PLANNING COMMISSIONERS
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