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HomeMy WebLinkAbout92-26 CC ResolutionRESOLUTION NO. 92-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TI~MECULA APPROVING CHANGE OF ZONE NO. 13 CHANGING THE ZONE FROM R-R-2% TO R-1 ON PROPERTY LOCATED AT THE NORTHWEST CORNER OF RITA WAY AND SERAPH1NA ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 914-260-039, 040, 041, 042, 043, 044, 045, AND 046. WI~'~,EAS, Dacin Development, Inc. filed Change of Zone No. 13 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Change of Zone application was processed in the time and manner prescribed by State and local law; WHEREAS, the City Council considered said Change of Zone on April 14, 1992, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Council hearing, the City Council recommended approval of said Change of Zone; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. findings: Findings. That the Temecula City Council hereby makes the following 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 decision 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 2. The City Council finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: a. There is a reasonable probability that the land use or action proposed Re,os\ 92-26 - 1- 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 if state law and local ordinances. B. The Riverside County General Plan, as mended 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 City Council in approving the proposed Change of Zone, makes the following findings, to wit: 1. The proposed zone change will not have a significant adverse effect on the environment, as determined in the initial study performed for this project. A Negative Declaration is recommended for adoption. 2. There is not a reasonable 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. The project is not of significant scope in the context of city-wide and regional development patterns. 3. The proposed change in district classification is reasonable and beneficial at this l/me as it is a logical expansion of residential uses which are approved in the vicinity of the project site. 4. The proposed change in district classification from R-R-2% ro R-1 will likely be consistent with the goals, policies and action programs which will be contained in the General Plan when it is ultimately adopted. The density and land use proposed are consistent with the Southwest Area Plan (SWAP) recommendations for the subject property. Further, densities and uses proposed are similar to existing densities and uses in the vicinity of the project. 5. The site of the proposed change in district classification is suitable to accommodate all the land uses currently permitted in the proposed zoning district as it is of adequate size and shape for the proposed residential use. Possible land use conflicts are not likely to arise as the project proposes residential uses similar to those existing in the Repo.\ 92-26 -2- general vicinity of the subject site. 6. Adequate access exists for the proposed residential land use from Rita Way and Semphina Road. Additional internal access and required road improvements abutting proposed lots will be designed and constructed in conformance with City standards. 7. Said findings are supported by analysis, minutes, map, exhibits, and environmental documents associated with this application and herein incorporated by reference. 8. The Airport Land Use Commission is making substantial progress toward the completion of a land use plan. 9. There is reasonable probability that the action, regulation, or permit will be consistent with the plan being considered by the Airport Land Use Commission. 10. There is little or no probability of substantial detriment to or interference with the Future Adopted Plan in the action, regulation, or permit is ultimately inconsistent with the future adopted Airport Land Use Plan. SECTION 2. Environmental Compliance. An Initial Study preInu'ed 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 3. Recommendation. That the City if Temecula City Council hereby approves Zone Change No. 13 to change the zoning on 35.5 acres of land from R-R-2¼ to R-1 on property generally located at the northwest comer of Rita Way and Seraphina Road and known as Assessor's Parcel No. 914-260-039, 040, 041,042, 043,044, 045, and 046. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution. Re~o*\ 92-26 -3- PASSED, APPROVED AND ADOPTED, this 14th day of April, 1992. ATTEST: Patricia H. Birdsall, Mayor [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 92-26 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 14th day of April 1992 by the following roll call vote. AYES: 4 COUNCILMEMBERS: Moore, Lindemans, Parks Birdsall NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Mufioz Resos\ 92-26 -4-