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Home My WebLink About10-15 CC Ordinance ORDINANCE NO. 10-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A ZONING AMENDMENT TO CHANGE THE ZONING OF A PARCEL LOCATED AT 42210 LYNDIE LANE FROM HIGH DENSITY RESIDENTIAL (H) TO COMMUNITY COMMERCIAL (CC) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On November 17, 2010, the Planning Commission recommended approval of Planning Application No. PA10-0210, a Zoning Amendment Application. B. The proposed Zoning Amendment to change the Zoning Map will allow consistency between the Zoning Map and the General Plan Land Use Map by having both documents identify the project site as Community Commercial. C. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. D. A Negative Declaration was prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA") and circulated for public review from October 5, 2010 through October 25, 2010 for a 20-day public review. Copies of the documents have been available for public review and inspection at the offices of the Department of Planning, located at City Hall 43200 Business Park Drive, Temecula, California 92590. E. On November 17, 2010, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the Project and any comments received prior to or at the public hearing on November 17, 2010, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the Project and the Negative Declaration. F. Following consideration of the entire record before it at the public hearing and due consideration of the proposed Project the Planning Commission recommended that the City Council adopt the Negative Declaration. G. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Project, the Planning Commission recommended that the City Council approve Planning Application No. PA10-0210, a Zoning Amendment. R:/Ords 2010/Ords 10-15 1 H. On December 14, 2010, the City Council of the City of Temecula considered the Project and the Negative Declaration, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the Negative Declaration prior to and at the public hearing. I. Following the public hearing, the Council adopted Resolution No. 10-90 adopting the Negative Declaration and adopted a Monitoring and Reporting Program. J. All legal preconditions to the adoption of this Ordinance have occurred. Section 2. Legislative Findings. The City Council in approving the Project hereby finds, determines and declares that: A. The proposed Zoning Amendment is consistent with the General Plan and Development Code [Subsection 17.01.040 (Relationship to the General Plan) of Chapter 17.01 (General Provisions) of Title 17 of the Temecula Municipal Code). B. The Zoning Amendment is in conformance with the goals, policies, programs and guidelines of the elements of the General Plan; The General Plan Land Use designation for the parcel is Community Commercial (CC). The proposed Zoning Amendment will allow the subject parcel to be reclassified from High Density Residential (H) to Community Commercial (CC). This revised designation is consistent with the General Plan. The Zoning Amendment will allow the parcel to be in conformance with the goa/s, policies, programs and guidelines of the elements of the General Plan. C. The zone change is to be established and maintained in a manner which is consistent with the General Plan and all applicable provisions contained therein.; The Zoning Amendment will allow the Zoning Map to become consistent with the General Plan Land Use Map. The parcel contains an existing commercially developed structure that will continue to be utilized for commercial purposes as allowed in the Community Commercial (CC) zone. Therefore, the proposed Zoning Amendment and its revised allowable uses are consistent with the General Plan and all applicable provisions contained therein. D. The proposed Zoning Amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City. The Zoning Amendment will regulate 0.8 acres with a Community Commercial (CC) zoning designation. Any development or use of the site will be required to adhere to all provisions for Community Commercial zoned properties discussed in Title 17 of the Temecula Municipal Code. These provisions are intended to protect the health and safety of those working in and around the site. The project is consistent with all applicable policies, guidelines, standards and regulations R:/Ords 2010/Ords 10-15 2 intended to ensure the property will function in a manner consistent with the public health, safety, and welfare. E. The subject property of the Zoning Amendment is physically suitable for the requested land use designation and anticipated land use developments. The proposed zone change has been analyzed as physically suitable for the requested and anticipated land uses allowed under the Community Commercial zoning designation. F. The proposed Zoning Amendment shall ensure the development of the desirable character which will be compatible with existing and proposed development in the surrounding neighborhood. The proposed zone change will convert 0.8 acres of land from High Density Residential (H) to Community Commercial (CC). The surrounding neighborhood contains parcels zoned Community Commercial to the south and west. In addition, the parcel contains a fully developed commercial structure. The zone change will uphold the neighborhood's existing character. Section 3. The City Council hereby amends the existing Zoning Map, as illustrated in Exhibit 1 on file with the City of Temecula City Clerk's office to change the zoning of parcel 921-310-018 from High Density Residential (H) to Community Commercial (CC). Section 4. Severability. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. Section 6. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in the manner required by law. R:/Ords 2010/Ords 10-15 3 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 11 th day of January, 2011. /, Ron Roberts, Mayor ATTEST: Susan W. one , MMC City Cler [S EAL] R:/Ords 2010lOrds 10-15 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 10-15 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 14 day of December, 2010, and that thereafter, said Ordinance was dul�r adopted by the City Council of the City of Temecula at a meeting thereof held on the 11 t day of January, 2011, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Washington, Roberts NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None Susan . Jones, MMC City Clerk R:/Ords 2010/Ords 10-15 5 � Exhibit 1 ��`�'��V�"" . '�� . 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