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HomeMy WebLinkAbout91-079 CC ResolutionRESOLUTION NO. 91-79 A RESOLUTION OF THE crrY COUNCIL OF THE CITY OF TEMECULA APPROVING CHANGE OF ZONE NO. 9 AMENDING ORDINANCE NO. 348.2922 OF SAID CITY, TO INCLUDE LANGUAGE PROVIDING FOR DUPLEX AND FOUR-PLEX UNITS IN PLANNING AREA NO. 37 OF SPECIFIC PLAN NO. 199 WHEREAS, The Buie Corporation filed Change of Zone No. 9 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 Planning Commission considered said Change of Zone on May 6, 1991, at which time interested persons had an opportunity to testify either in support or opposition; W]tEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Change of Zone; WHEREAS, the City Council conducted a public heating pertaining to said Change of Zone on August 6, 1991, at which time interested persons had opportunity to testify either in support or opposition to said Change of Zone; and WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding the Change of Zone; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findines. 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 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. Resos 91-79 -1- 2. The planning agency 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 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 application 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 City Council in approving the proposed Change of Zone, makes the following findings, to wit: a. The proposed zone change will not have a significant adverse effect on the environment, as Staff has determined that this project is a categorical exemption per the CEQA guidelines. b. There is a reasonable probability that the zone change will be consistent with the future General Plan since it is consistent with Specific Plan No. 199. Further, zoning proposed is similar to existing site. c. 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 due to the fact that the proposal is substantially buffered from surrounding land uses. d. The proposed change in density classification will likely be consistent with the goals, policies and action programs which will be contained in the General Plan when it is ultimately adopted. e. The site of the proposed change in density 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 use. Possible land use conflicts are not likely to Resos 91-79 -2- arise as the project does not propose to alter the density of the subject site. f. Adequate access exists for the proposed change of zone from Meadows Parkway. Additional internal access and required road improvements to proposed lots will be designed and constructed in conformance with City of Temecula standards. g. The said findings are supported by analysis, minutes, maps, exhibits, and environmental documents associated with this application and herein incorporated by reference. D. The Change of Zone is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Conlpliance. Staff has determined that the proposed Change of Zone is exempt from the CECA per Section 15061. SECTION 3. That the City of Temecula City Council hereby approves Change of Zone No. 9 amending Ordinance No. 348.2922 of said City to include language providing for four-plex and four-plex units in Planning Area No. 37 of Specific Plan No. 199. SECTION 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 6th day of August, 1991. ATTEST: Ronald J. Parks, Mayor [SEAL] Resos 91-79 -3- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 6th day of August, 1991 by the following vote of the Commission: AYES: 5 COUNCIL MEMBERS: Birdsall, Moore, Lindemans, Mufioz Parks NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Jun~~k, City Clerk R¢~o8 91-79 4-