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HomeMy WebLinkAbout91-048 CC ResolutionRESOLUTION NO. 91-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TI~MECULA APPROVING CHANGE OF ZONE NO. 5 TO CHANGE THE ZONING ON 221.2 ACRES OF LAND FROM R-R (RURAL RESIDENTIAL) TO R-3, R-4, AND R-5 ALONG THE SOUTH SIDE OF HIGHWAY 79 BETWEEN PALA AND MARGARITA ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 926-016-002, 003, 012, 017, AND PORTIONS OF 926-016-025. WHEREAS, Presley of San Diego filed Change of Zone No. 5 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 April 1, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WltEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Change of Zone; WItEREAS, the City Council conducted a public hearing pertaining to said Change of Zone on May 14, 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 TEMECIJLA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findingq. 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: Resos 9148 1 (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) There is 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 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: a) The proposed zone change will not have a significant adverse effect on the environment, as determined in the Environmental Impact Report for this project. b) There is a reasonable probability that the zone change from R-R to R-3, R-4, and R-5 will be consistent with the future General Plan. Further, densities and uses proposed are similar to existing densities and uses in the vicinity of the project 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 Resos 9148 2 ultimately inconsistent with the plan due to the fact that the proposal is consistent with surrounding land uses. d) The proposed change in district classification is reasonable and beneficial at this time as it is a logical expansion of residential uses which exist adjacent to, and the vicinity of, the project site. e) The proposed change in district 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. The density and land use proposed are consistent with the Southwest Area Plan and approved and proposed adjacent specific plans. f) 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 general vicinity of the subject site. g) Adequate access exists for the proposed residential land use from Highway 79, Margarita Road, and Pala Road. Additional internal access and required road improvements to proposed lots will be designed and constructed in conformance with Riverside County standards. h) That said findings are supported by analysis, minutes, maps, exhibits, and environmental documents associated with this application and herein incorporated by reference. community. The Change of Zone is compatible with the health, safety and welfare of the SECTION ~.. Environmental Conlpliance. The County of Riverside Board of Supervisors certified ErR No. 281 in conjunction with the approval of Change of Zone No. 5150. Change of Zone No. 5 will not result in any new or substantially increased environmental impacts. An addendum to EIR No. 281 is hereby recommended for adoption. SleETION 3. That the City of Temecula City Council hereby approves Change of Zone No. 5 to change the zoning on 221.2 acres of land from R-R to R-3, R-4, and R-5 along the south Resos 9148 3 side of Highway 79 between Pala and Margarita Roads and known as Assessor's Parcel No. 926- 016-002, 003, 012, 017, and Portions of 926-016-025. SECTION 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 14th day of May, 1991. Ronald J. Parks, Mayor ATTEST: [SEAL] Resos 9148 4 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 9148 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 14th day of May, 1991 by the following vote of the Council: AYES: 3 COUNCILMEMBERS: Birdsall, Mufioz, Parks NOES: 1 COUNCILMEMBERS: Lindemans ABSENT: 1 COUNCILMEMBERS: Moore Jufie2S. Greek, City Clerk 9148 5