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Home My WebLink About91-106 CC ResolutionRESOLUTION NO. 91-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING ZONING CHANGE NO. 17 TO CHANGE THE ZONING ON 88.4 ACRES OF LAND FROM R-A-2,1/2 (RESIDENTIAL AGRICULTURAL - 2,1/2 ACRES MIIVIMUM) TO R-1 AND R-5 (ONE FAMH~Y DWELLINGS AND OPEN SPACE COMBINING ZONE-RESIDENTIAL DEVELOPMENTS) ALONG THE NORTHEAST CORNER OF DE PORTOLA ROAD AND BUTTERFIELD STAGE ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 926.330-004 AND 926-707- 020 WHEREAS, Sterling Builders, Inc. filed Change of Zone No. 17 in accordance with the Riverside County 1.and Use, Zoning, Planning and Subdivision Ordinance, 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 October 7, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, 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 October 22, 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. Findings. That the Temecula City Council hereby makes the following findings: 1. 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: Reso 91-106 -1- A. The city is proceeding in a timely fashion with the preparation of the General Plan. B. The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: (1) 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. (2) 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. (3) The proposed use or action complied with all other applicable requirements of state law and local ordinances. 2. 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. 3. The proposed Change of Zone is consistent with the SWAP and does meet the requirements set forth in Section 65360 of the Government Code, to wit: general plan. The city is proceeding in a timely fashion with a preparation of the other actions, following: B. The Planning Commission finds, in approving projects and taking including the issuance of building permits, pursuant to this rifle, each of the (1) There is reasonable probability that Change of Zone No. 17 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (2) 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. (3) The proposed use or action complies with all other applicable requirements of state law and local ordinances. Reso 91-106 -2- 4. Pursuant to Section 6.5, no Change of Zone may be approved unless the applicant demonstrates the proposed use will not be detrimental to the health, safety and welfare of the community, and further, that any zone change approved shall be subject to such conditions as shall be necessary to protect the health, safety and general welfare of the community. A. The City Council in approving the proposed Change of Zone, makes the following findings to wit: (1) The proposed zone change will not have a significant adverse effect on the environment, as determined in the Environmental Impact Report for this project. (2) There is a reasonable probability that the Zone Change from R-A-2,1/2 to R-1 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. (3) 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 consistent with surrounding land uses. (4) 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 in the vicinity of, the project site. (5) 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. (6) 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. (7) Adequate access exists for the proposed residential land use from De Portola Road and Butterfield Stage Road. Additional internal access and required road improvements to proposed lots will be designed and constructed in conformance with Riverside County standards. (8) Said findings are supported by analysis, minutes, maps, exhibits, and environmental documents associated with this application and herein incorporated Re~o 91-106 -3- Parcel No. 926-330-004 and 926-070-020. SECTION 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 22nd day of October 1991. Ronald J. Parks, Mayor ATrEST: lugreek, Ci~ Clerk [SEAL] Reso 91-106 -5- STATE OF CALIFORNIA) CO~Y OF RIVERSIDE) SS CITY OF TEMECIJLA) I, June S. Greek, City Clerk of the City of Temecula, I4~RERY DO CERTIFY that the foregoing Resolution No. 91-106 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 22rd day of October, 1991, by the following roll call vote. AYES: 5 COUNCIL MEMBERS: Moore, Linderoans, Mufioz, Birdsall, Parks NOF~q: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None reek, City Clerk 91-106 -5-