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HomeMy WebLinkAbout91_108 PC Resolution ATTACHMENT 1 RESOLUTION NO. 91-108 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF THE FIRST EXTENSION OF TIME FOR VESTING TENTATIVE TRACT MAP 23373-A $ LOT RESIDENTIAL AND COMMERCIAL SUBDIVISION ON 31 ACRES AND KNOWN AS A PORTION OF ASSESSOR'S PARCEL NO. 923-210-014. WHEREAS, The Buie Corporation 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 November 4, 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, 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: 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~23373.VTM 6 (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~23373.VTM 7 (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 199. (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) 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. (7) 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. (8) 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 Kaiser Parkway which have been determined to be adequate by the City Engineer. (9) 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. (10) Said findings are supported by minutes, maps, exhibits and environmental documents associated with is application and herein incorporated by reference, due to the fact that they are 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. S\STAFFRPT~23373.VTM 8 SI~CTION II. Environmental Compliance. That the City of Temecula Planning Commission hereby determines that the previous environmental determination Adoption of EIR No. 202 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 First Extension of Time for Vesting Tentative Tract Map No. 23373 for an 8 Lot residential and commercial subdivision on 30 acres and known as a portion of Assessor's Parcel No. 923-210-014 subject to the following conditions: 1. Exhibit A, attached hereto. SECTION IV. PASSED, APPROVED AND ADOPTED this 4th day of November, 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 4th day of November 1991 by the following vote of the Commission: AYES: 5 PLANNING COMMISSIONERS NOES: 0 PLANNING COMMISSIONERS ABSENT: 0 PLANNING COMMISSIONER S\STAFFRP~23373.VTM 9