HomeMy WebLinkAbout91_065 PC Resolution RESOLUTION NO. 91-65
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING APPROVAL OF
CHANGE OF ZONE NO. 9 TO CHANGE ORDINANCE
348.2922 TO INCLUDE DUPLEX/FOUR-PLEX USES WITHIN
PLANNING AREA 37 OF SPECIFIC PLAN NO. 199. THE
PROJECT AREA CONTAINS 23.7 ACRES AND IS LOCATED
NORTHEASTERLY OF RANCHO CALIFORNIA ROAD AND
MARGARITA ROAD AND KNOWN AS ASSESSOR'S
PARCEL NO. 946-060-010.
WHEREAS, The Buie Corporation filed Change of Zone No. 9 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
July 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
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. Findinqs. 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:
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(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
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 Planning Commission in recommending approval of the
proposed Change of Zone, makes the following findings, to wit:
a) There is a reasonable probability that Change
of Zone No. 9 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
density which is already approved for the
existing specific plan, and the proposed
change is relatively similar in character to the
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approved project.
b) There is not a likely probability of substantial
detriment to or interference with the future
General Plan, if Change of Zone No. 9 is
ultimately inconsistent with the plan, due to
the fact that an approval of the change of
zone does not represent a significant change
in the current land use approval.
c) The project is compatible with surrounding
land uses. 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 density is consistent
with the zoning ordinance and approved
specific plan.
D. The Change of Zone is compatible with the health, safety
and welfare of the community.
SECTION 2. Environmental Compliance.
Based on the criteria established in Section 15061.3 of the California
Environmental Quality Act, Change of Zone No. 9 has been determined to be exempt.
SECTION 3.
PASSED, APPROVED AND ADOPTED this 1st day of July, 1991.
DENNIS CHINIAEFF
CHAIRMAN
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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 July, 1991 by the following vote of the Commission:
AYES: § PLANNING COMMISSIONERS
NOES: 0 PLANNING COMMISSIONERS
ABSENT: 0 PLANNING COMMISSIONERS
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