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HomeMy WebLinkAbout92_007 PC ResolutionATTACHMENT NO. 1 RESOLUTION NO. 92-007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING TENTATIVE TRACT MAP NO. 26521 TO SUBDIVIDE A 10.80 ACRE PARCEL INTO 10 SINGLE FAMILY RESIDENTIAL LOTS LOCATED ON RANCHO VISTA ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 946-009- 007. WHEREAS, Guido M. and Ruth Fascia filed Tentative Tract Map No. 26521 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 January 27, 1992, 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 Tentative Tract Map; 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 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: The city is proceeding in a timely fashion with the preparation of the general plan. The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: (1) 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. S~STAFFRPT~2§521 .TTM 7 (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. (3) 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 Temeeula 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 Tentative Tract Map 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 recommending approval of 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 Tentative Tract Map No. 26521 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (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. (3) The proposed use or action complies with all other applicable requirements of state law and local ordinances. Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be approved unless the following findings are made: That the proposed land division is consistent with applicable general and specific plans. 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. The Planning Commission in recommending approval of the proposed Tentative Tract Map, makes the following findings, to wit: As conditioned pursuant to SECTION 3, the Tentative Tract Map is compatible with the health, safety and welfare of the community. SECTION II. Environmental Compliance. An initial Study prepared for this project indicates that although the proposed project could not have a significant impact on the environment and a Negative Declaration, therefore, is hereby granted. SECTION III. Conditions. That the City of Temecula Planning Commission hereby approves Tentative Tract Map No. 26521 for the subdivision of a 10.80 acre parcel into 10 single family residential lots located on Green Tree Road and known as Assessor's Parcel No. 946-009-007 and subject to the following conditions: 1. Exhibit 2, attached hereto. S\STAFFRP-G26521.TTM 9 SECTION IV. PASSED, APPROVED AND ADOPTED this 27th day of January, 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 27th day of January, 1992 by the following vote of the Commission: AYES: 5 NOES: 0 ABSENT: 0 PLANNING COMMISSIONERS PLANNING COMMISSIONERS PLANNING COMMISSIONERS S\STAFFRPT~26521.TTM 10