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HomeMy WebLinkAbout91-006 CC ResolutionRESOLUTION 91-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING CHANGE OF ZONE NO. 6 TO CHANGE THE MAXIMUM HEIGHT LIMITATION CONTAINED IN THE DEVELOPMENT STANDARDS FOR THE I-P (INDUSTRIAL PARK) ZONE ON THIS SITE FROM 50 TO 91 FEET LOCATED ON RIDGE PARK DRIVE AND KNOWN AS ASSESSOR'S PARCEL NO. 940-310-033, 034, AND 037 WHEREAS, Preferred Equities filed Change of Zone No. 6 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; WHEREAS, the Planning Commission considered said Change of Zone on December 17, 1990, 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 Plot Plan on January 15, 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: A. Pursuam 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 requiremeres of state law that its decisions be consistera with the general plan, if all of the following requiremeres are met: 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 Resos 91-06 1 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, 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. There is a reasonable probability that Change of Zone No. 6 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law, due to the fact that the subject request is consistent with the limitations of the zoning ordinance in which structures of up to 105 feet are permitted and since Change of Zone No. 7, which is a request to amend Section 10.4 (b) of the zoning ordinance, is recommended for approval. b. There is not a likely probability of substantial detriment to or interference with the future General Plan, if Change of Zone No. 6 is ultimately inconsistent with the plan, due to the fact that an approval of such a building height within the I-P (Industrial Park) zone may be consistent with the goals and/or policies of the City's future General Plan. c. The project is compatible with surrounding land uses. Although the harmony in scale, bulk, and height creates an incompatible physical relationship with adjoining properties, due to the fact that the adjoining developments do not exceed two stories in height, the proposed project is consistent with the zoning ordinance. d. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the present or planned land use of the area, due to the fact that the proposed height is consistent with the zoning ordinance. D. The Change of Zone is compatible with the health, safety and welfare of the Community. SECTION 2. Environmental Compliance. An Initial Study prepared for this project indicates that although the 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, is hereby granted. Resos 91-06 2 SECTION 3. Action. That the City of Temecula City Council hereby approved Change of Zone No. 6 to change the maximum height Limitation contained in the developmere standards for the I-P (Industrial Park) zone on this site from 50 to 91 feet located on Ridge Park Drive and known as Assessor's Parcel No. 940-310-033,034 and 037. SECTION 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 15th day of January, 1991. Ronald J. Parks, Mayor ATTEST: Ju~re;k, Deputy City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, Deputy City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 91-06 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 15th day of January, 1991, by the following roll call vote. AYES: 4 COUNCILMEMBERS: Birdsall, Moore, Mufioz, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAINED 1 COUNCILMEMBER: Parks Jun~~~ek, Deputy City C~7~ Resos 91-06 3