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HomeMy WebLinkAbout92_030 PC ResolutionATTACHMENT NO. 1 RESOLUTION NO. 92-030 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING TENTATIVE PARCEL MAP NO. 27545 TO SUBDIVIDE A 3.0 GROSS ACRE PARCEL INTO 3 PARCELS LOCATED ON THE WEST SIDE OF YNEZ ROAD AND THE EAST SIDE OF INTERSTATE 15, APPROXIMATELY 200 FEET NORTH OF THE INTERSECTION OF YNEZ ROAD AND SOLANA WAY AND KNOWN AS ASSESSOR'S PARCEL NO. 921-080-054. WHEREAS, J. Larry Gabele filed Tentative Parcel Map No. 27545 in accordance w;.th the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Tentative Parcel Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission conducted a public hearing pertaining to said Tentative Parcel Map on July 6, 1992, at which time interested persons had opportunity to testify either in support or opposition to said Tentative Parcel Map; and WHEREAS, the Planning Commission approved said Tentative Parcel Map; 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: 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: $\STAFFRPTk27545TPM. PC 6 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. A. 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 the SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. B. The proposed Tentative 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 rifle, each of the following: a. There is a reasonable probability that Tentative Parcel Map No. 27545 proposed will be consistent with the General Plan proposal being considered or studied or which will be studied within a reasonable time. Tentative Parcel Map No. 27545 is consistent with Ordinance No. 460, Ordinance No. 348 and the SWAP and it is likely that it will be consistent with the future adopted General Plan. b. The proposed use or action complies with all other applicable requirements of state law and local ordinances. The parcels conform to the requirements and criteria prescribed by Ordinance No. 460 and Ordinance No. 348. C. Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be approved unless the following findings are made: specific plans. That the proposed land division is consistent with applicable general and 2. That the design or improvement of the proposed land division is consistent with applicable general and specific plans. ~STAFFILI~I~7545TPM.I~C 7 3. That the site of the proposed land division is physically suitable for the type of development. 4. That the site of the proposed land division is physically suitable for the proposed density of the development. 5. 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. 6. That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. 7. 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. D. The Planning Commission in recommending approval of the proposed Tentative Parcel Map, makes the following fmdings, to wit: 1. The proposed land division is consistent with the Southwest Area Community Plan (SWAP), Ordinance No. 460 and Ordinance No. 348. The SWAP designation is Commercial. The parcels meet the requirements of Section 10.10 of Ordinance No. 460 for Schedule "E" Parcel Map Divisions. There is no minimum lot size criteria under Ordinance No. 348. 2. The lot design is logical and meets the approval of the City's Planning and Public Works Departments. Each parcel provides for appropriate building location, access and parking. 3. The project will not have a significant adverse effect on the environment. The proposed project is a Class 15 Categorical Exemption pursuant to Section 15315 of the CEQA Guidelines. 4. There is a reasonable probability that the project will be consistent with the City's General Plan once adopted, based on analysis contained in the Staff Report. The surrounding area currently supports automobile oriented uses, and is identified by the SWAP as Commercial. 5. There is not a likely probability of substantial detriment to or interference with the future General Plan, if the proposed use is ultimately inconsistent with the plan. If the proposed use is inconsistent, it will not be detrimental because of the commercial/automobile oriented nature of surrounding uses. 6. The project as proposed provides for future passive or natural solar heating or cooling opportunities. All three parcels include sufficient southern exposure. 7. Said findings are supported by minutes, maps, and exhibits associated with these applications and herein incorporated by reference. This Staff Report contains mapping and Conditions of Approval which support the Staff recommendation. E. As conditioned pursuant to SECTION III, the Tentative Parcel Map proposed is compatible with the health, safety and welfare of the community. Section II. Environmental Compliance. The proposed Tentative Parcel Map is a Class 15 Categorical Exemption pursuant to Section 15315 of the CEQA Guidelines which pertains to Minor Land Divisions. Section III. Conditions. That the City of Temecula Planning Commission hereby approves Tentative Parcel Map No. 27545 to subdivide a 3.0 gross acre parcel into 3 parcels located on the westside of Ynez Road and the east side of Interstate 15, approximately 200 feet north of the intersection of Ynez Road and Solana Way and known as Assessor's Parcel No. 921-080-054 subject to the following conditions: 1. Attachment No. 2, attached hereto. SECTION IV. PASSED, APPROVED AND ADOPTED this 6th day of July, 1992. ~ 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 6th day of July, 1992 by the following vote of the Commission: AYES: NOES: ABSENT: 3 ; PLANNING COMMISSIONERS: Blair, Fahey and Hoagland 0 PLANNING COMMISSIONERS: t~one 2 PLANNING COMMISSIONERS: Ford and Chiniaeff SECRETARY S\STAFFRPT~7545TPM.PC 9