HomeMy WebLinkAbout92_011 PC ResolutionATTACHMENT NO. I
RESOLUTION NO. 92-011
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA APPROVING PARCEL MAP NO. 27232 TO
SUBDIVIDE A 6.31 ACRE PARCEL INTO 3 PARCELS ON THE
NORTHWEST CORNER OF LYNDIE LANE AND RANCHO
CALIFORNIA ROAD AND KNOWN AS ASSESSOR'S PARCEL
NOS. 921-310-011 AND 921-320~023.
WHEREAS, Palmilla Plaza Joint Venture, filed Tentative Parcel Map No. 27232
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 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:
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:
Ao
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:
(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.
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(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 the SWAP and meet 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 of 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 Tentative Parcel Map No.
27232 proposed will be consistent with the general plan proposal
being considered or studied or which will be studied within a
reasonable time, because the project is consistent with the
SWAP designation of Commercial.
(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 the
project is adjacent to existing commercial development.
(3)
The proposed use or action complies with all other applicable
requirements of state law and local ordinances because it is in
conformance with Ordinance Nos. 348 and 460.
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.
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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:
The proposed Tentative Parcel Map will not have a significant negative impact
on the environment, as determined in the previously adopted Negative
Declaration for the project.
There is a reasonable probability that this project will be consistent with the
General Plan being prepared at this time because the current SWAP designation
is Commercial.
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 proposed project is consistent with
SWAP, as well as Ordinances Nos. 348 and 460.
The proposed use complies with State Planning and Zoning Law. The project
conforms to the current zoning for the site and to Ordinance 460, Schedule 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.
The design of the subdivision or the proposed improvements are not likely to
cause substantial environmental damage or substantial and avoidable injury to
fish or wildlife or their habitat.
The design of the subdivision is consistent with the State Map Act in regard to
future passive energy control opportunities.
All lots have acceptable access to existing and proposed dedicated right-of-
ways which are open to, and are useable by, vehicular traffic.
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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.
The lawful conditions stated in the project's Conditions of Approval are deemed
necessary to protect the public health, safety, and general welfare.
That said findings are supported by minutes, maps, exhibits, and environmental
documents associated with these applications and herein incorporated by
reference.
As conditioned pursuant to SECTION 3, the Tentative Parcel Map proposed 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 Plot Plan No. 18) still
applies to said Tentative Parcel Map.
SECTION III. Conditions.
That the City of Temecula Planning Commission hereby approves Tentative Parcel Map No.
27232 for the subdivision of a 6.31 acre parcel into 3 parcels located on the northwest corner
of Lyndie Lane and Rancho California Road and known as Assessor's Parcel Nos. 921-310-
011 and 921-320-023 subject to the following conditions:
1. Attachment No. 2, attached hereto.
SECTION IV.
PASSED, APPROVED AND ADOPTED this 3rd 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 3rd day of
February, 1992 by the following vote of the Commission:
AYES: 4
NOES: 0
ABSENT: 1
PLANNING COMMISSIONERS
PLANNING COMMISSIONERS
PLANNING COMMISSIONERS
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