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HomeMy WebLinkAbout91_113 PC Resolution ATTACHMENT NO. 1 RESOLUTION NO. 91-113 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF THE SECOND EXTENSION OF TIME FOR TENTATIVE TRACT MAP 22761, An 80 LOT RESIDENTIAL SUBDIVISION ON 28 ACRES AND KNOWN AS A PORTION OF ASSESSOR'S PARCEL NO. 923-020-038. WHEREAS, Robert Bein, William Frost and Associates filed the Time Extension in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Time Extension application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Time Extension on December 16, 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 Time Extension. NOW, THEREFO RE, THE PLANNING COMMISSION OF THE CITY O F TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION I. Findings That the Temecula Planning Commission hereby makes the following findings: 1. 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: A. The city is proceeding in a timely fashion with the preparation of the general plan. B. 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 Time Extension 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, S\STAFFRPT~22761-2.TTM 9 (3) The proposed use or action complied with all other applicable requirements of state law and local ordinances. 2. 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. 3. The proposed Time Extension 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. B. 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 the Time Extension 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. 4. Pursuant to Section 18.30(c), no Time Extension may be approved unless the following findings can be made: A. The proposed use must conform to all the General Plan requirements and with all applicable requirements of state law and City ordinances. B. The proposed subdivision does not affect the general health, safety, and welfare of the public. C. The Planning Commission, in recommending approval of the proposed Time Extension, makes the following findings, to wit: (1) 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. S\STAFFRPT',22761-2.TFM 10 (2) 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. (3) 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 zoning designation of Specific Plan 180. (4) 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. (5) 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. (6) Tentative Tract Map No. 22761 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. (7) 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. (8) The project as designed and conditioned will not adversely affect the built or natural environment as determined in the EIR for the project, due to the fact that impact mitigation is realized by conformance with the project's Conditions of Approval. (9) 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 access points from Ynez Road which have been determined to be adequate by the City Engineer. (10) 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. S\STAFFRPT~22761-2.TTM 1 1 (11) That 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 ere referenced in the attached Staff Report, Exhibits, and Conditions of Approval. 5. As conditioned pursuant to SECTION 2, the Time Extension proposed conforms to the logical development of its proposed site, and is compatible with the present and future development of the surrounding property. SECTION II, Environmental Compliance, That the City of Temecula Planning Commission hereby determines that the previous environmental determination Adoption of EIR No. 177 still applies to said Tract Map (Extension of Time). SECTION III. Conditions. That the City of Temecula Planning Commission hereby recommends that the City Council approve the Second Extension of Time for Tentative Tract Map No. 22761 for a 80 Lot residential subdivision on 28 acres and known as a portion of Assessor's Parcel No, subject to the following conditions: 1. Exhibit A, attached hereto. SECTION IV. PASSED, APPROVED AND ADOPTED this 16th day of Decer~er, 1991. // // JOHN E. HO~2~ND CHAIRrv~ 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 16th day of December, 1991 by the following vote of the Commission: AYES: 3 PLANNING COMMISSIONERS NOES: 0 PLANNING COMMISSIONERS ABSENT: 2 PLANNING COMMISSIONER S\STAFFRPT~22761-2.TTM 1 2