HomeMy WebLinkAbout91_017 PC ResolutionRESOLUTION NO. 91-017
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA RECOMMENDING APPROVAL OF ORDINANCE
AMENDMENT 91-1 TO AMEND ORDINANCE NO. 348, SECTION
18.3 (f) TO ALLOW A TIME EXTENSION PROCEDURE FOR
PLOT PLAN APPROVALS 'TO BE CONSISTENT WITH
CONDITIONAL USE PERMITS.
WHEREAS, the City filed Ordinance Amendment No. 91-1 in accordance with the
Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has
adopted by reference;
WHEREAS, said Ordinance Amendment application was processed in the time and
manner prescribed by State and local law;
WHEREAS, the Planning Commission considered said Ordinance Amendment on
February 25, 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 Ordinance Amendment;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Findin.qs. 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:
(a)
(b)
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.
There is little or no probability of substantial detriment
to or inter[erence with the future adopted general
plan if the proposed use or action is ultimately
inconsistent with the plan.
R:~kaul~PC Resolution 91-017.doc
(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 Planning Commission in recommending approval of the
proposed Ordinance Amendment, makes the following findings, to wit:
a)
There is reasonable probability that Ordinance
Amendment 91-1 will be consistent with the Cites
future General Plan, which will be completed in a
reasonable time and in accordance with State Law,
due to the fact that the subject request involves an
amendment to Section 18.30 (f) of the Zoning
Ordinance, which pertains to the an extension of time
for Plot Plan Approvals, which may be consistent
with the goals and /or policies of the City's future
General Plan.
b)
There is not a likely probability of substantial
detriment to or interference with the future General
Plan, if the proposed Ordinance Amendment is
ultimately inconsistent with the plan, due to the fact
that a new Zoning Code will be adopted for the new
General Plan. Therefore, it is likely that the City will
consider this amendment during their preparation of
the General Plan.
c)
The project is exempt from CEQA review under
Section 15061 (b)(3) due to the fact the project does
not allow any increased densities or intensity of use
nor does the project allow uses by right.
D. The Ordinance Amendment is compatible the health, safety and
welfare of the community.
SECTION 2. Recommendation
That the City of Temecula Planning Commission hereby recommends approval of
Ordinance Amendment No. 91-1 to amend Ordinance No. 348, Section 18.30 (f), to allow a time
extension procedure for Plot Plan Approvals to be consistent with Conditional Use Permits.
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SECTION 3.
PASSED, APPROVED AND ADOPTED this 25th day of February 1991
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 25th day of
February, 1991 by the following vote of the Commission:
AYES:
NOES:
ABSENT:
4 PLANNING COMMISSIONERS Blair, Ford, Hoagland, and Chiniaeff
0 PLANNING COMMISSIONERS None
1 PLANNING COMMISSIONERS Fahey
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ORDINANCE NO. 91-
AN ORDINANCE OF THE CITY COUNCIl,. OF THE CITY OF
TEMECULA AMENDING PORTIONS OF ORDINANCE NO.
90-0# PERTAINING TO EXTENSIONS OF TIME APPROVAL
PERIODS FOR PLOT PLANS
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. City Ordinance No. 90-04 adopted by reference certain portions
of the Non-Codified Riverside County Ordinances, including Ordinance No. 3q8.
Article XVIII, Section 18.30 (f) of Ordinance 3q8 is hereby amended to read as
follows:
'f. Approval Period. The approval of a plot plan shall be valid for a period of two
(2) years from its effective date, or within such additional time as may be set
into the conditions of approval, which shall not exceed a total of three (3)
years: otherwise, the approval shall be null and void. Notwithstanding the
foregoing, if an approval is required to be used within less than three {3)
years, the applicant may, prior to its expiration, request an extension of time
on which to use the approval. A request for extension of time shall be made
to the Planning Commission, on forms provided by the Planning Department
and shall be filed with the Planning Director, accompanied by a fee as set
forth in Ordinance No. 671. Within thirty (30) days following the filing of a
request for extension, The Planning Director shall review the application,
make a recommendation thereon, and forward the matter to the Planning
Commission Secretary, who shall place the matter on the regular agenda of the
Planning Commission. An extension of time may be granted by the Planning
Commission upon a determination that a valid reason exists for applicant not
using the approval within the required period of time. If an extension is
granted, the total time allowed for us~ of the approval shall not exceed a
period of three {3) years, calculated from the effective date of the approval.
The term "use" shall mean the beginning of substantial construction of the use
that is authorized, which construction must thereafter be pursued dligently
to completion, or the actual occupancy of existing buildings or land under
terms of the authorized use. The effective date of a plot plan shall be
determined in the same manner as applications for conditional use permits and
public use permits pursuant to Section 18.26".
SECTION 2. Severabillty. The City Council hereby declares that the
provisions of this Ordinance are severable and if for any reason a court of competent
jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be
invalid, such decisions shall not affect the vaiid|ty of the remaining parts of this
Ordinance.
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SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and
shall cause the same to be posted as required by law.
SECTION I1. Effective Date. This Ordinance shall be in full force and effect
thirty (30) days after its passage; and within fifteen (15) days after its passage,
together with the names of the City Council Members voting thereon, it shall be
published in a newspaper published and.circulated in said City.
PASSED, APPROVED AND ADOPTED, this day of
,1991.
ATTEST:
Ronald J. Parks, Mayor
June S. Greek, City Clerk
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STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA)
I, June S. Greek, Deputy City Clerk of the City of Temecula, do hereby
certify that the foregoing Ordinance No. 91 - was duly introduced and placed upon
its first reading at a regular meeting of the City Council on the day of
1991, and that thereafter said Ordinance was duly adopted and
passed at a regular meeting of the City Council on the th day of , 1991
by the following vote, to wit:
AYES:
COUNCILMEMBERS
NOES:
COUNCILMEMBERS
ABSENT:
COUNCILMEMBERS
June S. Greek, City Clerk
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