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HomeMy WebLinkAbout92_012 PC ResolutionATTACHMENT NO. 1 RESOLUTION NO. 92-012 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING TENTATIVE PARCEL MAP NO. 27239 AMD. NO. 1 TO SUBDIVIDE A 13.94 ACRE PARCEL INTO 6 PARCELS WESTERLY OF YNEZ ROAD AND NORTHERLY OF WINCHESTER ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 910-201-003-6 WHEREAS, The Koll Company filed Tentative Parcel Map No. 27239 Amd. No. 1 in accordance with 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 February 3, 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 recommended approval of 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: 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: The city is proceeding in a timely fashion with the preparation of the general plan. The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: StSTAFFRPT~27239* 1 .PM 7 (1) 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. (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 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 Tentative Parcel Map is consistent with SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: 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 a reasonable probability that Tentative Parcel Map No. 27239 Amd. No. 1 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. 27239 Amd. No. 1 is consistent with Ordinance No. 460, Ordinance No. 348 and SWAP and it is likely that it will be consistent with the General Plan. (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. Even if the project is approved and is found to be inconsistent with the General Plan, industrial uses are the predominant use in the area. (3) 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. 4. Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be approved unless the following findings are made: That the proposed land division is consistent with applicable general and specific plans. 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. The Planning Commission in recommending approval of the proposed Tentative Parcel Map, makes the following findings, to wit: Ac The proposed land division is consistent with the Southwest Area Community Plan (SWAP), Ordinance 348, and Ordinance 460. The SWAP designation is General Light Industrial. The parcels meet the requirements of Section 10.10 of Ordinance No. 460 and they meet the 20,000 square foot minimum lot size criteria under Ordinance No. 348. The lot design is logical and meets the approval of the City's Planning and Public Works Departments. The lot design facilitates parking, access, and site design. The project will not have a significant adverse effect on the environment. A Negative Declaration is recommended and all impacts will be reduced to insignificant levels through recommended conditions of approval. An Initial Study was prepared including mitigation which will alleviate all impacts. 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 industrial projects, and is identified by SWAP as General Light Industrial. 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 industrial nature of surrounding uses. The project as proposed provides adequate provisions for future passive or natural solar heating or cooling opportunities. All six proposed parcels include sufficient southern exposure. Said findings are supported by minutes, maps, exhibits and environmental documents associated with these applications and herein incorporated by reference. This Staff Report contains mapping, Conditions of Approval, and an Initial Study which support the Staff recommendation. 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. 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 III. Conditions. That the City of Temecula Planning Commission hereby approves Tentative Parcel Map No. 27239 Amd. No. 1 for the subdivision of a 13.94 acre parcel into 6 parcels located westerly of Ynez Road and northerly of Winchester Road and known as Assessor's Parcel No. 910- 201-003-6 subject to the following conditions: 1. Attachment No. 2, attached hereto. SECTION IV. PASSED, APPROVED AND ADOPTED this 3rd day of February, 1992. S\STAFFRPT~27239-1.PM 10 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 3rd 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~27239-1 .PM 11