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HomeMy WebLinkAbout91_051 PC Resolution RESOLUTION NO. 91-51 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING SUBSTANTIAL CONFORMANCE NO. 17 TO ALLOW THE EXCHANGE OF ONE I1) DWELLING UNIT OF DENSITY FROM PLANNING AREA 1LI. TO PLANNING AREA 13 OF SPECIFIC PLAN NO. 199 FOR THE SUBJECT PROPERTY LOCATED ON THE SOUTHWEST CORNER OF RANCHO CALIFORNIA ROAD AND VINTAGE HILLS DRIVE. WHEREAS, Tayco filed Substantial Conformance No. 17 in accordance with the Riverside County Land Use. Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Substantial Conformance application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Substantial Conformance 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 approved said Substantial Conformance; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findinc~s. 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: 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:SC17 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 Planning Commission in approving the proposed substantial conformance, makes the following findings, to wit: a) There is a reasonable probability that Substantial Conformance No. 17 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 subject request is consistent with the overall density and land use designations of Planning Areas 13 and 14 os Specific Plan No. 199. b) There is not a likely probability of substantial detriment to or interference with the future General Plan, if Substantial Conformance No. 17 is ultimately inconsistent with the plan, due to the fact that an approval to allow an exchange in density from one planning area to another may be consistent with the goals and/or policies of the City's future General Plan. c) The project is compatible with surrounding land uses. The harmony creates a compatible physical relationship with adjoining properties, due to the fact that the adjoining developments are also single family in nature and the proposed project is consistent with the zoning ordinance. A:SC17 2 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 density is consistent with the zoning ordinance. D. The Substantial Conformance is compatible with the health. safety and welfare of the community. SECTION 2. Environmental Compliance. That the City of Temecula Planning Commission hereby finds that Substantial Conformance No. 17 is exempt from environmental review under Section 15061 ~13) 13) of the California Environmental Quality Act. SECTION 3. That the City of Temecula Planning Commission hereby approves Substantial Conformance No. 17 to allow an exchange of one I1) dwelling unit of density from Planning Area 14 to Planning Area 13 of Specific Plan No. 199 for the subject property located on the southwest corner of Rancho California Road and Vintage Hills Drive. 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: ~ PLANNING COMMISSIONERS NOES: 0 PLANNING COMMISSIONERS ABSENT: 1 PLANNING COMMISSIONERS A:SC17 3