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HomeMy WebLinkAbout03-040 CC ResolutionRESOLUTION NO. 03-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. PA02- 0273, A DEVELOPMENT PLAN FOR THE DESIGN, CONSTRUCTION AND OPERATION OF A 48,372 SQUARE FOOT GROCERY STORE, A 13,217 SQUARE FOOT DRUG STORE, A 11,571 SQUARE FOOT RETAIL BUILDING, A 10,568 SQUARE FOOT SHOP BUILDING AND A 9,603 SQUARE FOOT RETAIL BUILDING, GENERALLY LOCATED SOUTH OF RANCHO CALIFORNIA ROAD AND EAST OF MEADOWS PARKWAY AND KNOWN AS ASSESSORS PARCEL NO. 954- 030-001. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. declare that: The City Council of the City of Temecula does hereby find, determine and A. John Clement, Venture Pointe, filed Planning Application No. PA02-0273, A Development Plan for the design, construction and operation of a 48,372 square foot grocery store, a 13,217 square foot drug store, a 11,571 square foot retail building, a 10,568 square foot retail building, and a 9,603 square foot retail building located at the southeast corner of Rancho California and Meadows Parkway, known as Assessor's Parcel No. 954-030-001 ("Project"). B. The application for the Project was processed and an environmental review was conducted as required by the California Environmental Quality Act. C. The Planning Commission of the City of Temecula held duly noticed public hearings on December 4, 2002, January 15, 2003 and February 19, 2003 to consider the application for the Project. D. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 2003-011, recommending that the City Council approve Planning Application No. PA02-0273, A Development Plan for the design, construction and operation of a 48,372 square foot grocery store, a 13,217 square foot drug store, a 11,571 square foot retail building, a 10,568 square foot retail building, and a 9,603 square foot retail building; PA02-0274 a Conditional Use Permit located at the southeast corner of Rancho California and Meadows Parkway, known as Assessor's Parcel No. 954-030-001. E. On April 22, 2003, the City Council of the City of Temecula held a duly noticed public hearing for Planning Application No. PA02-0273. F. On May 13, 2003, the City Council of the City of Temecula adopted by consent Resolution 03-40 denying Planning Application No. PA02-0273. R:/Resos 2003/Resos 03-40 I Section 2. The City Council of the City of Temecula hereby makes the following findings for denial pursuant to Development Code Section 17.05.010F: A. The proposed grocery store is not in conformance with the current General Plan land use designation of Neighborhood Commercial. As defined in the General Plan "Neighborhood Commercial designation includes smaller-scale business activities which generally provide retail or convenience services for the local residents in the surrounding neighborhood (Page 2-29)." Small food markets less than 25,000 square feet are permitted in the Neighborhood Commercial zoning district, however the proposed 48,427 square foot supermarket is not a permitted use in the Neighborhood Commercial zoning district (Section 17.08.030). B. Goal number three of the General Plan Land Use Element requires a land use pattern that will protect and enhance residential neighborhoods be adopted. The City Council has adopted a land use pattern that in fact protects the residential neighborhoods. The proposed Development Plan application requests a 48,427-sqaure foot supermarket, which is not consistent with the General Plan. The project as proposed is not compatible with the surrounding single-family residences. The proposed project has not taken into account the general welfare of the surrounding property owners. The site plan has sited proposed buildings that have been determined to be too close to the existing single-family homes. C. Goal number three of the Community Design Element, states that the preservation of the character of the single-family neighborhoods and their protection from intrusions from buildings that are "out of scale", is of particular importance. The proposed amendment is not consistent with this goal by permitting future development that is "out of scale" in relation to the existing homes. Section 3. The City Council of the City of Temecula hereby denies Planning Application No. PA02-0273, a Development Plan for the design, construction and operation of a 48,372 square foot grocery store, a 13,217 square foot drug store, a 11,571 square foot retail building, a 10,568 square foot retail building, and a 9,603 square foot retail building, generally located at the southeast corner of Rancho California and Meadows Parkway, known as Assessor's Parcel No. 954-030-001. Section 4. The City Clerk shall certify to the adoption of this Resolution. R:/Resos 2003/Resos 03-40 2 PASSED, APPROVED AND ADOPTED this 13th day of May, 2003 ATTEST: ~one, Mayor STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 03-40 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 13th day of May, 2003, by the following vote: AYES: 5 COUNCILMEMBERS: Comerchero, Naggar, Pratt, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None R:/Resos 2003/Resos 03-40 3