HomeMy WebLinkAbout91-03 CC OrdinanceORDINANCE NO. 91-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING CHANGE OF ZONE NO. 7 TO AMEND
ORDINANCE NO. 348, SECTION 10.4Co), TO INCREASE THE
MAXIMUM HEIGHT PERMITTED FOR BUH~INGS AND/OR
STRUCTURES, WITHIN THE I-P (INDUSTRIAL PARK) ZONE, TO
105 FEET.
WHEREAS, Preferred Equities filed Change of Zone No. 7 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 December 17,
1990, at which time interested persons had an opportunity to testify either in support or
opposition;
WHERE., at the conclusion of the Commission hearing, the Commission recommended
approval of said Change of Zone;
WHEREAS, the City Council conducted a public hearing pertaining to said Plot Plan on
January 15, 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 TI~VIF_LWLA DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Findings. That the Temecula City Council 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.
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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 studies
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 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;
1. There is a reasonably probability that Change of Zone No. 7 will be consistent
with the City's 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 10.4Co) of the Zoning Ordinance, which pertains to building height within the I-P
(Industrial Park) zone, which may be consistent with the goals and/or policies of the City' s future
General Plan.
2. There is not a likely probability of substantial detriment to or interference with
the future General Plan, if the proposed amendment (Change of Zone) is ultimately inconsistent
with the plan, due to the fact that such an amendment, if deemed inconsistent with the plan, may
cause all properties within the I-P (Industrial Park) zone to be inconsistent with the plan.
Therefore, it is likely that the City will consider this amendment during their preparation of the
General Plan.
D. The Change of Zone is compatible with the health, safety and welfare of the
community.
SECTION 2. Environmental Conlpliance. 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 mifigaton measures described in the
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Conditions of Approval have been added to the project, and a Negative Declaration, therefore,
is hereby granted.
SECTION 3. Action. That the City of Temecula City Council hereby approves Change
of Zone No. 7 to amend Ordinance No. 348, Section 10.4(b), to increase the maximum height
permitted for buildings and/or structures, within the I-P (Industrial Park zone to 105 feet.
SECTION 4. The City Clerk shall certify the adoption of this Ordinance.
PASSED, APPROVED AND ADOPTED this 29th day of January, 1991.
RonaJd J.~P~~,~, M~ayo~~r
ATTEST:
June~~, City Clerk~°~
[SE L]
Ords 91-03 -3-
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) $S
CITY OF TEMECULA
I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing
Ordinance No. 91-03 was duly introduced and placed upon its first reading at a regular meeting
of the City Council on the 15th day of January, 1991, and that thereafter said Ordinance was duly
adopted and passed at a regular meeting of the City Council on the 29th day of January, 1991,
by the following vote:
AYES: 4
COUNCILMEMBERS:
Birdsall, Moore, Lindemans
Mufioz
NOES:
0 COUNCILMEMBERS: None
ABSENT:
0 COUNCILMEMBERS: None
ABSTAINED: 1
COUNCILMEMBERS: Parks
Greek, City Clerk
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