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HomeMy WebLinkAbout91-049 CC ResolutionRESOLUTION NO. 91-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING CHANGE OF ZONE NO. 12 TO CHANGE THE ZONING ON 41.6 ACRES OF LAND FROM A 2-20 (HEAVY AGRICULTURE) TO I-P (INDUSTRIAL PARK) AND R-5 (OPEN AREA) AT THE NORTHWEST CORNER OF MARGARITA ROAD AND SOLANA WAY AND KNOWN AS ASSESSOR'S PARCEL NOS. 921-909-007 AND 921-090-080. WHEREAS, Advanced Cardiovascular Systems fried Change of Zone No. 12 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WltEREAS, 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 15, 1991, at which time interested persons had an opportunity to testify either in support or opposition; ~, 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 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 TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findinos. 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: Resos 9149 I (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 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 applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Areas 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 Initial Study for this project. b) There is a reasonable probability that the zone change from A-2-20 to I-P will be consistent with the future General Plan. Further, zoning proposed are similar to existing zoning 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 ultimately inconsistent with the plan due to the fact that the proposal is substantially buffered from surrounding land uses. d) 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. Resos 9149 2 e) 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 any proposed use. Possible land use conflicts are not likely to arise as the project proposes building setbacks to buffer uses existing in the general vicinity of the subject site. f) Adequate access exits for the proposed change of zone from Solana Way and Margarita Road. Additional internal access and required road improvements to proposed lots will be designed and constructed in conformance with Riverside County standards. g) That said findings are supported by analysis, minutes, maps, exhibits, and environmental documents associated with this application and herein incorporated by reference. De community. The Change of Zone is compatible with the health, safety and welfare of the SECTION 2. Environmental Compliance. An Initial Study prepared for this project indicates that although 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, recommended. SECTION 3. That the City of Temecula City Council hereby approves Change of Zone No. 12 to change of zoning on 41.6 aces of land from A-2-20 to I-P and R-5 at the northwest comer of Solana Way and Margarita Road and known as Assessor's Parcel Nos. 921-909-007 and 921-090-080. 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: Jun~ City Cl~k [SEAL] Resos 91-49 3 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEIvIECULA ) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution NO. 91-49 was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 14th day of May, 1991 by the following vote of the Council: AYES: 3 COUNCILMEMBERS: Birdsall, Lindemans, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 2 COUNCILMEMBERS: Moore, Mufioz Resos 9149 4