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HomeMy WebLinkAbout91_076 PC Resolution ATTACHMENT I RESOLUTION NO. 91-76 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING TENTATIVE TRACT MAP NO. 24172 TO SUBDIVIDE A 5 ACRE PARCEL INTO EIGHT PARCELS SITUATED ON THE EAST SIDE OF YNEZ ROAD BETWEEN PAUBA ROAD AND SANTIAGO ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 945-060-002. WHEREAS, Michael Lanni filed Tract Map No. 24172 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Tract Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Tract Map on August 5, 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 Tract Map; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findings. 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 A:TM24172 8 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. 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 proposed Parcel Map 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. (2) 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: a) There is reasonable probability that Tract Map No. 24172 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. A:TM24172 9 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. D. (1) Pursuant to Section 6.5, no tract map may be approved unless the applicant demonstrates the proposed use will not be detrimental to the health, safety and welfare of the community, and further, that any Tract Map approved shall be subject to such conditions as shall be necessary to protect the health, safety and general welfare of the community. (2) The Planning Commission, in approving the proposed tract map, makes the following findings, to wit: a) The proposed Tract Map will not have significant negative impact on the environment, as determined in the Initial Study performed for the project. A Negative Declaration is recommended for adoption. b) There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time, due to the fact that the project is consistent with the surrounding current residential develop-ment, the Southwest Area Plan and existing zoning. c) There is not a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan, due to the fact that the project is consistent with surrounding development. A:TM24172 10 d) The proposed use complies with State planning and zoning law due to the fact that the project conforms to the current zoning for the site and to Ordinance No. 460, Schedule B. e) The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access, and density due to the fact that the project has access to public roads and appropriate building area. f) The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat as determined in the initial study. g) The design of the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities due to the fact that the lots are large enough to provide sufficient southern exposure. h) All lots have acceptable access to existing and proposed dedicated rights-of-way which are open to, and are useable by, vehicular traffic, access is provided from a proposed cul-de-sac and Ynez Road. i) 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 project as conditioned. The project will not interfere with any easements. j) The lawful conditions stated in the project's Conditions of Approval are deemed necessary A:TM24172 11 to protect the public health, safety and general welfare. k) 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 proposed is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Comoliance. An Initial Study was performed for this project when determined that although the proposed project could have a significant effect on the environment, no significant impact would result to the natural or built environment in the City because impacts will be mitigated by adherence to the attached Conditions of Approval which have been added to the project, and a Negative Declaration, therefore, is hereby granted. SECTION 3. Conditions. That the City of Temecula Planning Commission hereby approves Tract Map No. 24172 for the subdivision of a 5 acre parcel into three parcels located on the east side of Ynez Road between Pauba Road and Santiago Road and known as Assessor's Parcel No. 945-060-002 subject to the following conditions: A. Attachment 2, attached hereto. PASSED, APPROVED AND ADOPTED this 5th day of August, 1991. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by A:TM24172 12 the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 5th da,/of August, 1991 by the following vote of the Commission: AYES: 5 PLANNING COMMISSIONERS NOES: 0 PLANNING COMMISSIONERS ABSENT: 0 PLANNING COMMISSIONERS A:TM24172 13