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HomeMy WebLinkAbout10-023 PC Resolution PC RESOLUTION N0.10-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "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)" (APN 921-310-018) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On July 13, 2010, David Ashcroft filed Planning Application No. PA10- 0210, a Zoning Amendment Application, in a manner in accord with the City of Temecula General Plan and Development Code. � B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the , application and environmental review on November 17, 2010, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended that the City Council approve Planning Application No. PA10-0210 (Zoning Amendment) subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the application hereby finds, determines and declares that: A. 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 b.e reclassified from High Densify 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 goals, policies, programs and guidelines of the elements of the General Plan. B. 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. C. 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 applicab/e policies, guidelines, standards and regulations intended to ensure the property will function in a manner consistent with the pub/ic health, safety, and welfare. D. 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 physica/ly suitab/e for the requested and anticipated land uses allowed under the Community Commercial zoning designation. E. 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 Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Zoning Amendment Application, PA10-0210: A. Pursuant to California Environmental Quality Act ("CEQA), City staff � prepared an Initial Study of the potential environmental effects of the approval of the Specific Plan Amendment Application, as described in the Initial Study ("the Project"). Based upon the findings contained in that study, there is no substantial evidence that the Project could have a significant effect on the environment and a Negative Declaration has been prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration as required by law. The public comment period commenced on October 5, 2010, and expired on October 25, 2010. 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. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council approve Planning Application No. PA10- 0210, a Zoning Amendment to change the zoning of a parcel located at 42210 Lyndie Lane from High Density Residential (H) to Community Commercial. A proposed Zoning Map is attached hereto as Exhibit A and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission ttiis 17 day of November 2010. ���'u� Carl Carey hairman , ATTEST: � Patrick Richardson, Secretary � � � . ,: '� [S�l1L'] y � J . , - _ ;. ... � - - �.. ' - i�,.-` , - . ..,� '� ` '� . .'/'. _ ' -, STATE OF �CA�:iFORNIA ) �... , '`' CC�.l�NTY O��RlVERSIDE )ss ,. �`' CITY OF �TEMECULA ) _ I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 10-23 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 17th day of November 2010, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Carey, Guerriero; Kight, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 1 PLANNING COMMISSIONERS: Harter ABSTAIN: 0 PLANNING COMMISSIONERS: None � Patrick Richardson, Secretary EXHIBIT A PROPOSED ZONING MAP . ._..,---. . . .. . .. . ,...�.. x�, 5�?SS4i'.�" ^� ^�4'�:9fv;:it � �4 „�ts�.. � � .. _ _ ... . _.._ _....._ .. . . �.,... . .:'"� ' . -. . ... EY�llblt A �,��� LM � 9 � ' ,�� , � P R 9 �'0 `, , � � �, ;� �� : �'_� � � 'a " �:' ;;�'� ' s ��„ � `� PI . . . . �, ,_ -�'� 4 � �,,'. i�' 1 r 4 �� f ' c, i . .� ; � ;� P I i � � �� � �� � � �� , ��� � Project Site ,� �� � �� i CC Proposed Zone Change to CC �." `� , �� � t;�� �z' i � t �� _ � ,:� �� � - �+�. ��,. � � �. � � ; --`"'�----~_ `�, H 1\\ \\ , �,��, �,� � / � 2 '� \ � o J f� t� i � �, < ! ' � � PI � �-,� s �.. :' "'" �� � �1 � � . ,, - �� � ....!� , , / � �, � q � , t � � �� . .� .: 6.�.. 2 ��Q �� - , � , �-1, � IIII Ily � ' '\ �.*. I� I '�"°' �..__ _ ��. 1 �, �` . . � � . �s. I � �.� � \ .. `�. �, '- 1 / i � CC � / ' s . � � .�� e.� � / ; �- / Zoning Map �� ' i� PO �QS CITY OF TEMECULA I \~ �"-�-_ c . � SPECIFIC PLAN (SP-5) . � �s,�< �\ \` V,A ��QS` -�--��--. � — I VERV LOW DENSITY RESIDENTIAL (VL) ��. C ����Ilqs. . L_� LOW DENSITY RESIDENTIAL (L-1) - � ' � LOW DENSITY RESIDENTIAL (L-2) � _ j LOW MED DENSITY RESIDENTIAL ( LM� ' � _-'; MEDIUM DENSITV RESIDENTIAL IM) �� .. _. . . . � ' _ ��, � � � _� HIGH DENSITY RESIOENTIAI (H) . � � — HILLSIDE RESIDENTIAI (HR) I � � �. �� � . � - � � BUSINESS PARK (BP) �, � � � �� LIGHT INDUSTRIAL (LI) ��� � - COMMUNITY COMMERCIAL (CC) . �, . _ HIGHWAV/�OURIST COMMERCIAL (HT) ' ! � � �� PROFESSIONALOFFICE(PO) �, u -NEIGHBORHOODCOMMERCIAL(NCj �� �, �� � SERVICE COMMERCIAL (SC) � �, . ��� � �� PUBLIC tNSTITUTIONAL (PI) I .. � � / � �� PIANNED DEVELOPMENT OVERLAY (PDO) � \� SPEGFIC PLAN (SP) . � \\ � OPEN SPACE (OS) ���. � \ \ � PUBUC PARK I RECREATION (PR) � CANSERVATION (0.SL) '�� ' �-..:.�?� TRIBALTRUST p � � �,. �� ! \ � i �, o i2s zso 50 0 Qe+ y i , � a , .,�m. P P , �a�,,, � ���M:a�, �� s. 1 —_ —_.. _ -____ --___ _ __-- __ _ -- '� _._ - -- -- -- --�---- - - - — - EXHIBIT B DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA10-0210 Project Description: A Land Use Amendment Application to change the zoning of a parcel located at 42210 Lyndie Lane from Nigh Density Residential (H) to Community Commercial (CC). Assessor's Parcel No.: 921-310-018 MSHCP Category: Exempt (Land Use Amendment - No New Construction) DIF Category: Exempt (Land Use Amendment - No New Construction) TUMF Category: Exempt (Land Use Amendment - No New Construction) Approval Date: December 14, 2010 Expiration Date: N/A PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project . PL-1. The applicanUdeveloper shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Two Thousand Seventy-Four pollars and Twenty-Five Cents ($2,074.25) which includes the Two Thousand Ten Dollar and Twenty-Five Cent ($2,010.25) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty-Four pollar ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. If within said 48-hour period the applicant/ developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void due to failure of condition [Fish and Game Code Section 711.4(c)]. General Requirements PL-2. The applicant and owner of the real property subject to this condition shall hereby � agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. EXHIBIT C DRAFT CC ORDINANCE ORDINANCE NO. 10- 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 pubfic 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 Rlanning 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. H. On , 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- 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 a/low the subject parcel to be reclassified from High Density Residenfial (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 confains 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 intended to ensure fhe 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. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 17th day of November; 2010. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] . 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- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the day of , , and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , , the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ' ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. 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