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HomeMy WebLinkAbout91-071 CC ResolutionRESOLUTION NO. 91-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING CHANGE OF ZONE NO. 11 TO CHANGE THE ZONING ON 24 ACRES OF LAND FROM R-R (RURAL RESIDENTIAL) TO C-P-S (SCENIC HIGHWAY COMMERCIAL) ALONG THE NORTH SIDE OF WINCHESTER ROAD BETWEEN MARGARITA ROAD AND RANCHO CALIFORNIA WATER DISTRICT WELL SITE NO. 108 WHEREAS, Bedford Properties filed Change of Zone No. 11 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 process in the time and manner prescribed by State and local law; WI-IEREAS, the Planning Commission considered said Change of Zone on June 17, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WI-IEREAS, 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 June 25, 1991, at which time interested persons had opportunity to testify either in support or opposition to said Change of Zone; and WIIEREAS, 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. 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 Resos 91-71 -1- 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 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. The proposed Change of Zone will not have significant negative impact on the environment, as determined in the Initial Study performed for the project. A Mitigated Negative Declaration is recommended for adoption. 2. There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time, due to the fact that the project is compatible with the surrounding proposed development, zoning, and SWAP. 3. There is not a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan, due to the fact that the project is compatible with surrounding development and improvements. 4. The site is physically suited for the proposed Change of Zone in that required infrastructure exists or is being provided in the area including commercial roadways, drainage facilities, and main sewer and water lines. 5. The proposed Change of Zone is consistent with the SWAP designation Resos 91-71 -2- of C (Commercial). The zone change will be beneficial by providing an area for needed services and employment. D. The Change of Zone is compatible with the health, safety and welfare of the community. SECTION 2. F. nvironmental Compliance. An Initial Study was performed for this project when determined that although the proposed project could have a significant effect on the environment, no significant impact would result to the natural or built environment in the City because impacts will be mitigated by adherence to the attached Conditions of Approval which have been added to the project, and a Negative Declaration, therefore, is hereby granted. SECTION 3. That the City of Temecula City Council hereby approves Change of Zone No. 11 to Change the zoning on 24 acres of land from R-R to C-P-S along the north side of Winchester Road between Margarita Road and Rancho California Water District Well Site No. 108. SECTION 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 2nd day of July, 1991. Ronald J. Parks, Mayor AT'FEST: City Clerk [SEAL] Resos 91-71 -3- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I IqEREl:IY 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 2nd day of July, 1991 by the following vote: AYES: 5 C OUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks, NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Junb-8~Greek, City Clerk Resos 91-71 -4--