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HomeMy WebLinkAbout92-86 CC ResolutionRESOLUTION NO. 92-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING CHANGE OF ZONE NO. 5724 CHANGING THE ZONE FROM R-R TO R-1 ON PROPERTY LOCATED ON TItE SOUTHWESTERLY SIDE OF PECHANGA CREEK BETWEEN VIA GILBERTO AND THE EASTERLY SIDE OF TEMECULA CREEK INN. WHEREAS, Acacia Construction filed Change of Zone No. 5724 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 September 21, 1992, 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 November 10, 1992, 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, TItEREFORE, THE CITY COUNCIL OF THE CITY OF TEMF_J2ULA 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 t h e requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: Resos 92-86 -1- The city is proceeding in a timely fashion with the preparation of the general 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. There is a reasonable probability that Change of Zone No. 5724 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 density of the project, 2.01 dwelling units per acre, is consistent with the Low Density Residential Land Use designation of the future General Plan. Furthermore, the proposed R-1 zone will be consistent with the Low Density Residential Zoning District with a Planned Development Overlay Zone. 2. There is not a likely probability of substantial detriment to, or interference, with the future General Plan if Change of Zone No. 5724 is ultimately inconsistent with the Plan, due to the fact that the project is consistent with the existing single family dwelling developments in the immediate vicinity and their underlying zones. 3. The project is compatible with surrounding land uses since this project is a single family dwelling development and the surrounding land uses are single family dwellings, a golf course and vacant land. R¢~oa 92-86 -2- 4. The proposal will not have an adverse effect on the environment since mitigation measures have been incorporated into the project design and Conditions of Approval to reduce the impacts to a level of insignificance. D. The Change of Zone is compatible with the health, safety and welfare of the community. Section 2. F~nvironmenta! 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 in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby granted. Section 3. Conditions. That the City of Temecula City Council hereby approves Zone Change No. 5724 to change the zoning on 47.7 acres of land from R-R to R-! on property located on the southwesterly side of Pechanga Creek between Via Gilberto and the easterly side of Temecula Creek Inn. Section 4. The City Clerk shall certify the adoption of this Resolution. PASSED AND ADOPTEl) this 24th day of November, 1992. atricia H. Birdsall, Mayor ATTEST: reek, City e~ [SEAL] Resos 92-86 -3- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) $S CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 92-86 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 10th day of November, 1992, and that thereafter, said Resolution was duly adopted and passed at a regular meeting of the City Council on the 24th day of November, 1992, by the following roll call vote: 4 COUNCILMEMBERS: Lindemans, Mufioz, Parks, Birdsall NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Moore S. Greek,~it~ Clerk Resos 92-86 -4-