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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: A:\5.CZ 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. A:\5.CZ A:\5.CZ 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. A:\5.CZ 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 A:\5.CZ 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. A:\5.CZ