HomeMy WebLinkAbout91_022 PC ResolutionRESOLUTION NO. 91-022
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMMENDING APPROVAL
OF ZONE CHANGE NO. 5 TO CHANGE THE ZONING ON
221.2 ACRES OF LAND FROM R-R (RURAL RESIDENTIAL)
TO R-3, R-4, AND R-5 ALONG THE SOUTH SIDE OF
HIGHWAY 79 BETWEEN PALA AND MARGARITA ROAD
AND KNOWN AS ASSESSOR'S PARCEL NO. 926-016-002,
003, 012, 017, PORTIONS OF 926-016-025.
WHEREAS, Presley of San Diego filed Change of Zone No. 5 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
April 1, 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
recommend approval of said Change of Zone;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. F_~. That the Temecula Planning Commission 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 general plan.
(2) The planning agency finds, in approving projects and
taking other actions, including the issuance of building
permits, each of the following:
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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 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:
(1) The city is proceeding in a timely fashion with a
preparation of the general plan.
(2) The Planning Commission finds, in approving projects
and taking other actions, including the issuance of building
permits, pursuant to this title, each of the following:
a)
There is reasonable probability that Change of
Zone No. 5 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.
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c)
The proposed use or action complies with all
other applicable requirements of state law and
local ordinances.
D. (1) Pursuant to Section 6.5, no Change of Zone may be
approved unless the applicant demonstrates ~he 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.
(2) The Planning Commission in recommending approval
of the proposed Tentative Tract Map, 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 Environmental Impact
Report for this project.
b)
There is a reasonable probability that the zone
change from R-R to R-3, R-4, 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.
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
consistent with surrounding land uses.
d)
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.
e)
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.
f)
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.
g)
Adequate access exists for the proposed
residential land use from Highway 79, Margarita
Road, and Pala Road. Additional internal
access and required road improvements to
proposed lots will be designed and constructed
in conformance with Riverside County
standards.
h)
That said findings are supported by analysis,
minutes, maps, exhibits, and environmental
documents associated with this application and
t'ierein incorporated by reference.
SECTION 2.. Environmental CompliancP..
The County of Riverside Board of Supervisors certified EIR No. 281 in
conjunction with the approval of Change of Zone No. 5150. Change of Zone No. 5 will
not result in any new or substantially increased environmental impacts. An addendum to
EIR No. 281 is hereby recommended for adoption.
That the City of Temecula Planning Commission hereby recommends
approval of Zone Change No. 5 to change the zoning on 221.2 acres of land from R-R to
R-3, R-4, and R-5 along the south side of Highway 79 between Pala and Margarita
Roads.
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PASSED, APPROVED AND ADOPTED this 1st day of April 1991.
DENNIS CHI'F~-.dF
CHAIRMAN
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Planning Commission of the City of Temecula at a regular meeting thereof, held on the
1st day of April, 1991 by the following vote of the Commission:
AYES: 4 PLANNING COMMISSIONERS Blair, Fahey, Hoagland, Chiniaeff
NOES: 1 PLANNING COMMISSIONER Ford
ABSENT: 0 PLANNING COMMISSIONERS None
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ATFACHMENT II
ADDENDUM TO ENVIRONMENTAL
IMPACT REPORT NO. 281
The Riverside County Board of Supervisors certified Environmental Impact Report (EIR)
No. 281 in conjunction with the approval of Change of Zone No. 5150 and Vesting
Tentative Tract Map Nos. 23267 and 23299. The EIR included mitigation measures to
reduce environmental impacts to levels of insignificance. Vesting Tentative Tract Map
No. 26861 which supersedes Vesting Tentative Tract Map No. 23299 has 87 fewer
residential units than Vesting Tentative Tract Map No. 23299 and therefore, will generate
less traffic and result in reduced impacts to the environment and to public services and
utilities. Vesting Tentative Tract Map No. 26861 will involve minimal grading and
therefore, is unlikely that any additional amount of earth movement will result in any
increased significant impacts. The Conditions of Approval are adequate to mitigate any
potential impacts regarding drainage and non-renewable fossil resources to levels of
insignificance.
Pursuant to Section 15164 of the California Environmental Quality Act, this addendum
has been prepared to demonstrate that the changes resulting from the proposed Change
of Zone and New Vesting Tentative Tract Map and Revised Tentative Tract Map will not
result in new or substantially increased significant impacts, that there have been no
changes in the circumstances surrounding the project that would require important
revisions to the EIR due to new significant impacts, and that no new information has
arisen which would indicate that the project will have significant effects not previously
discussed or underestimated, or that alternatives or mitigation measures not previously
considered would substantially reduce any significant impacts. By reducing the number
of residential units, the new project will reduce the level of impacts on the environment
and on public facilities and services.
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