HomeMy WebLinkAbout94-114 CC ResolutionRESOLUTION NO. 94-114
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA DENYING CHANGE OF ZONE NO. 5593
TO CHANGE THE EXISTING ZONING OF RESIDENTIAL
AGRICULTURAL 21A ACRE MINIMUM PARCEL SIZE TO
SINGLE FAMH~Y DWELLING AND OPEN SPACE ON A 20
ACRE PARCEL LOCATED ON THE SOUTH SIDE OF
NICOLAS ROAD APPROXIMATELY 2,000 FEET EAST OF
CALLE GIRASOL AND KNOWN AS ASSESSOR'S PARCEL
NO. 914-480-005
WHEREAS, David Mulvaney filed Change of Zone No. 5593 in accordance with the
Riverside County General Plan, Land Use and Subdivision Ordinances, which the City has
adopted by reference;
WHEREAS, the Change of Zone application was not processed in the time and manner
prescribed by State and local law due to the applicant's failure to make timely submittals;
WHEREAS, the Planning Commission considered Change of Zone No. 5598 on
November 18, 1991, at a duly noticed public hearing as prescribed by law, at which time
interested persons had an opportunity to testify either in support or in opposition;
WItEREAS, at the public hearing, the Commission continued Change of Zone No. 5598
off-calendar;
WltEREAS, the Planning Commission considered Change of Zone No. 5598 on June 6,
1994, at a duly noticed public hearing as prescribed by law, at which time interested persons had
an opportunity to testify either in support or in opposition;
WHEREAS, at the public hearing, Change of Zone No. 5598 was continued to the July
18, 1994 Planning Commission meeting;
WHEREAS, the Planning Commission considered Change of Zone No. 5598 on July 18,
1994, at a duly noticed public heating as prescribed by law, at which time interested persons had
an opportunity to testify either in support or in opposition;
Resos 94-114 1
WHEREAS, at the public hearing, Change of Zone No. 5598 was continued to the
September 19, 1994 Planning Commission meeting;
WHEREAS, the Planning Commission considered Change of Zone No. 5598 on
September 19, 1994, at a duly noticed public hearing as prescribed by law, at which time
interested persons had an opportunity to testify either in support or in opposition;
WI~REAS, at the conclusion of the Commission hearing, the Commission denied Change
of Zone No. 5598;
WHEREAS, the City Council considered Change of Zone No. 5598 on November 29,
1994, at a duly noticed public hearing as prescribed by law, at which time interested persons had
an opportunity to testify either in support or in opposition;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct.
Section 2. Findirtgs. The Planning Commission, in denying the proposed Change of
Zone, makes the following findings, to wit:
1. The proposed use or action does not comply with all applicable requirements
of state law and local ordinances due to the fact that the applicant failed to submit all required
information in a timely manner so that the project could not be deemed complete in accordance
with State and local law.
2. Because the proposed zoning designations are inconsistent with the City's
adopted General Plan, staff cannot make the finding that the project is consistent with the General
Plan.
Section 3. Environmental Compliance. Per Section 15270 of the California
Environmental Quality Act (CEQA), CEQA does not apply to projects which a public agency
disapproves. Therefore, no environmental determination was prepared for this project.
Section 4. City Council. Based upon the findings set forth above and the evidence
presented at the public hearing, the City Council hereby denies said application for Change of
Zone No. 5593.
94-114 2
Section 5. PASSED, APPROVED AND ADOPTED this 29th day of November, 1994.
ATTEST:
Ron Roberts, Mayor
[SE L]
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA )
I HEREBy CERTIIfY that the foregoing Resolution was duly adopted by the City Council
of the City of Temecula at a regular meeting thereof, held on the 29th day of November, 1994
by the following vote of the Council:
AYES:
5 COUNCILMEMBERS: Lindemans, Mufioz, Parks, Stone, Roberts
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Resos 94-114 3