HomeMy WebLinkAbout91_094 PC ResolutionCZ17
RESOLUTION NO. 91-094
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMMENDING APPROVAL
OF ZONE 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 MINIMUM) TO R~I AND R-
5 ALONG THE NORTHEAST CORNER OF DE PORTOLA
ROAD AND BUTTERFIELD STAGE ROAD AND KNOWN
AS ASSESSOR'S PARCEL NO. 926-330-004 AND 926-070-
020.
WHEREAS, Sterling Builders, Inc., filed Change of Zone No. 17 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
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;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION .1, Eb3.dJQgs. 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:
a)
There is a reasonable probability that the land
use or action proposed will be consistent with
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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. 17 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 complies with all
other applicable requirements of state law and
local ordinances.
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D. (1) 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.
(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-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.
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
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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 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.
h)
Said findings are supported by analysis,
minutes, maps, exhibits, and environmental
documents associated with this application and
herein incorporated by reference.
SECTION 2. Environmental Compliance,
The Environmental Impact Report was prepared for this project indicates
that the proposed project will not have a significant impact on the environment.
That the City of Temecula Planning Commission hereby recommends
approval of Zone Change No. 17 to change the zoning on 88.4 acres of land from R-A-2
1/2 to R-1 and R-5 along the northeast corner of De Portola and Butterfield Stage Roads
and known as Assessor's Parcel No. 926-330-004 and 926-070-020.
PASSED, APPROVED AND ADOPTED this 7th day of October 1991.
Gary ¥1~ornhill, Planning Director
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
7th day of October, 1991 by the following vote of the Commission:
AYES:
4 PLANNING COMMISSIONERS Blair, Chiniaeff, Fahey, and Ford
NOES:
I PLANNING COMMISSIONERS Chairman Hoagland
ABSENT: 0 PLANNING COMMISSIONERS None
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