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HomeMy WebLinkAbout91_062 PC Resolution RESOLUTION NO. 91-62 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF TRACT MAP NO. 21760. AMENDED NO. 2. MINOR CHANGE NO, 1 TO REVISE THE ARCHITECTURAL FLOOR PLANS. ELEVATIONS AND PLOTTING OF HOUSING FOR LOTS 29. 49. 73. 78 AND 88. AND ALSO MODIFY CONDITIONS OF APPROVAL NOS, 18.(d). 18~k). AND 211g) TO ALLOW A 1' FIREPLACE ENCROACHMENT INTO THE 5' SIDE YARD MINIMUM SETBACK LOCATED AT PREECE LANE AND VIA FANITA AND KNOWN AS ASSESSOR'S PARCEL NO, 944- 020-002-3. WHEREAS. Coleman Homes, Inc. filed Tract Map No. 21760. Amended No. 2. Minor Change No. 1 in accordance with the Riverside County Land Use. Zoning. Planning and Subdivision Ordinances. which the City has adopted by reference; WHEREAS. said Tract Map lMinor Change) application was processed in the time and manner prescribed by State and local law; WHEREAS. the Planning Commission considered said Tract Map (Minor Change) 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 recommended approval of said Tract Map (Minor Change); NOW. THEREFORE. THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE. DETERMINE AND ORDER AS FOLLOWS: SECTION 1, Findings, That theTemecula Planning Commlssion 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:TM21760-A 1 ~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. I 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, lc) 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. I 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 Tract Map ~ Minor Change) 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, 12) The Planning Commission finds, in approving 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 Tract Map No. 21760, Minor Change No. 1 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 complies with all other applicable requirements of state law and local ordinances. A: TM21760-A 2 b) The site is suitable to accommodate the proposed land use in terms of the architectural floor plans, elevations and plotting of housing, due to the fact that the project complies with the development standards as outlined in Ordinance No. 348 and Specific Plan No, 180 c) The project as designed and conditioned will not adversely affect the public health or welfare nor affect the built or natural environment as determined in the previously adopted Negative Declaration for this project, d) Tract No, 21760. Minor Change No. 1. 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 proposed single family residences are consistent with the development of the subject Specific Plan 180 zone. e) 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. f) The design of the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities, Units have significant southern exposure which allows for passive heating opportunities, Deciduous landscaping can be utilized to allow solar penetration in winter and shading in summer. g) 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. h) That said findings are supported by minutes, maps, exhibits and environmental documents associated with these applications and herein incorporated by reference. E. As conditioned pursuant to SECTION 3. the Tract Map (Minor Change) is compatible with the health, safety and welfare of the community, A: TM21760-A 4 SECTION 2. Environmental Compliance. That the City of Temecula Planning Commission hereby determines that the previous environmental determination ~Adoption of Negative Declaration for Environmental Assessment Nos. 31943 and 31084) still applies to said Tract Map (Minor Change). SECTION 3. Conditions. That the City of Temecula Planning Commission hereby recommends approval of Tract Map No. 21760, Amended No. 2, Minor Change No. 1 for the revision of the architectural floor plans, elevations and plotting of housing for Lots 29, 49, 73, 78 and 88, and also modify Conditions of Approval Nos. 18.(d), 18.|k) and 21. [g) to allow a 1' fireplace encroachment into the 5' side yard minimum setback located at Preece Lane and Via Fanlta and known as Assessor's Parcel No. 002-3 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: 5 PLANNING COMMISSIONERS NOES: 0 PLANNINC COMMISSIONERS ABSENT: 0 PLANNING COMMISSIONERS A :TM21760-A 5