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HomeMy WebLinkAbout91_073 PC Resolution ATTACHMENT NO. lB ~ RESOLUTION NO. 91-73 A RESOLUTION OF THE PLANNING COMMISSION OF THE CiTY OF TEMECULA RECOMMENDING APPROVAL OF PARCEL MAP NO. 26488 TO SUBDIVIDE A 4.5+/- ACRE PARCEL INTO 4 ONE GROSS ACRE (MINIMUM) RESIDENTIAL PARCELS; GENERAL LOCATION OF SAID MAP BEING THE SOUTHEAST CORNER OF WALCOTT LANE AND CALLE CHAPOS. WHEREAS, Mr. Jay Vanderwall filed Parcel Map No. 26488 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Parcel Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Parcel 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 recommended approval of said Parcel Map; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findinqs. 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:PM26488 16 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 Parcel Map No. 26488 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 A:PM26488 17 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 7.1 of County Ordinance No. 460, no subdivision may be approved unless the following findings are made: a) That the proposed land division is consistent with applicable general and specific plans. b) That the design or improvement of the proposed land division is consistent with applicable general and specific plans. c) That the site of the proposed land division is physically suitable for the type of development. d) That the site of the proposed land division is physically suitable for the proposed density of the development. e) That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. f) That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. g) That the design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternate easements for access or for use will A:PM26488 18 be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. (2) The Planning Commission in recommending approval of the proposed Tentative Parcel Map, makes the following findings, to wit.' a) The proposed Parcel Map will not have significant negative impact on the environment, as determined in the Initial Environmental Assessment prepared for Tentative Parcel Map No. 26488. A Negative Declaration is recommended for adoption. b) There is a reasonable probability that this proposal will be consistent with the General Plan being prepared at this time. The map together with the attendant zone change request are consistent with applicable subdivision and land use ordinances, and conform with the City's Southwest Area Plan (SWAP) guidelines affecting the subject property. 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. The project is consistent with surrounding development, and does not logically have the potential to generate significant adverse environmental impacts. d) The proposed use or action complies with City and State planning and zoning laws. Reference local Ordinances No. 348, 460, California Governmental Code Sections 65000-66009 (Planning Zoning Law), and Government Code Title 7, Division 2. A:PM26488 19 e) The site is suitable to accommodate the proposed land use in terms of the size and shape of parcel configurations, access, and density. The project has access to public rights-of-way, and is designed with sufficient parcel acreage allowing appropriate building pad sitings. f) The project as designed and conditioned will not adversely affect the built or natural environment as determined in the initial study prepared for this project. Reference the attached Initial Environmental Study and Conditions of Approval for Tentative Parcel Map No. 26488. 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 project as conditioned. Easement dedications are not evident in grant deeds describing the property. h) The site for the proposed use is provided legal access via Walcott Lane and Calle Chapos public rights-of-way. Development of these roads shall comply with City Engineering Conditions of Approval contained herein. i) The proposed project will not inhibit or restrict future ability to use active or passive solar energy systems. Adequate lot areas and exposures are provided for these alternatives. j) The proposed use will not have a substantial adverse affect on abutting properties or the permitted use thereof. The proposed map provides for residential development similar in character and densities evident on vicinity properties. Land use incongruities and associated adverse affects arising from implementation of this proposal are unlikely. A:PM26488 20 E. As conditioned pursuant to SECTION 3, the Parcel Map proposed is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Conditions of Approval 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 recommends approval of Parcel Map No. 26488 for the subdivision of a 4.5 +/- acre parcel into 4 parcels, generally located at the southeast corner of Walcott Lane and Calle Chapos subject to the following conditions: A. Attachment 2, attached hereto. SECTION 4_~ PASSED, APPROVED AND ADOPTED this 5th day of August, 1991. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecuia at a regular meeting thereof, held on the 5th day of August, 1991 by the following vote of the Commission: A:PM26488 21 AYES: 3 PLANNING COMMISSIONERS NOES: I PLANNING COMMISSIONERS ABSENT: I PLANNING COMMISSIONERS A:PM26488 22