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HomeMy WebLinkAbout92_013 PC Resolution ATTACHMENT NO. 1 RESOLUTION NO. 92-013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING THE SECOND EXTENSION OF TIME FOR VESTING TENTATIVE TRACT MAP NO. 23102 TO SUBDIVIDE A 16.4 ACRE PARCEL INTO 37 SINGLE FAMILY RESIDENTIAL LOTS, LOCATED WEST OF BUTTERFIELD STAGE ROAD AND NORTH OF LA SERENA WAY AND KNOWN AS ASSESSOR'S PARCEL NO. 923-200-019. WHEREAS, Marlborough Development Corporation filed Second Extension of Time in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Second Extension of Time application was processed in the time and manner prescribed by State and local law; .to ~,.., WHEREAS, the Planning Commission considered said Second Extension of Time on February 24, 1992, at which time interested persons had an opl~er~nity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission approved said Second Extension of Time; 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: 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 p!ae: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 gen.eral plan. (2) The planning agency finds, in approving projects and taking other -actions, including the issuance of building permits, each of the following: · .~. S\S'[AFFRPT~23102-2.VTM 7 (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. 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, The proposed Second Extension of Time 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. 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 Second Extension of Time for Vesting Tentative Tract Map No. 23102 proposed will be consistent with the general plan proposal being studied which will be considered within a reasonable time because the project is consistent with current zoning and SWAP designations, (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 because all of the surrounding area is existing residential development, (3) The proposed use or action complies with all other applicable requirements of state law and local ordinances because the project is consistent with the approved specific plan which is consistent with state law and local ordinances, Pursuant to Section 7,1 of County Ordinance No, 460, no subdivision or extension of time may be approved unless the following findings are made: That the proposed land division is consistent with applicable general and specific plans, S\STAFFRPT~23102-2.VTM 8 B. That the design or improvement of the proposed land division is consistent with applicable general and specific plans. That the site of the proposed land division is physically suitable for the type of development. That the site of the proposed land division is physically suitable for the proposed density of the development. 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. That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. 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 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. (1) The Planning Commission in approving the proposed Second Extension of Time, makes the following findings, to wit: (A) 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. (B) 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. (C) 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 project site's existing Specific Plan No. 199 (Low Density Family Housing) land use designation. $\STAFFRPT~23102-2.VTM 9 (D) (E) (F) (G) (H) (I) (J) 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. 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. Vesting Tentative Tract Map No, 23102 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, 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 (Specific Plan No. 1 99), and also consistent with the adopted Southwest Area Community Plan (SWAP) designation of Specific Plan. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the Negative Declaration adopted by the County for the project, due to the fact that impact mitigation is realized by conformance with the project's Conditions of Approval. 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 an independent access point from La Serena Way which has been determined to be adequate by the City Engineer, 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~23102-2.VTM 10 (K) 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 are referenced in the attached Staff Report, Exhibits, Environmental Assessment, and Conditions of Approval. As conditioned pursuant to SECTION III, the Vesting Tentative Tract Map Second Extension of Time is compatible with the health, safety and welfare of the community. SECTION II. Environmental Compliance. That the City of Temecula Planning commission hereby determines that the previous Environmental Determination (Adoption of Negative Declaration for Environmental Assessment No. 32534) still applies to said tract map. 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 EIR 202 and in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby granted. SECTION III. Conditions. That the City of Temecula Planning Commission hereby approves the Second Extension of Time for Vesting Tentative Tract Map No. 23102 for the subdivision of a 16.4 acre parcel into 37 single family residential lots located west of Butterfield Stage Road and north of La Serena Way and known as Assessor's Parcel No. 923-200-019 subject to the following conditions: 1. Attachment No. 2, attached hereto. PASSED, APPROVED AND ADOPTED this 24th day of February, 1992. 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 24th day of February, 1992 by the following vote of the Commission: AYES: 4 PLANNING COMMISSIONERS NOES: 0 PLANNING COMMISSIONERS ABSENT: 1 PLANNING COMMISSIONERS S\STAFFRPT~23102-2.VTM 1 1