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HomeMy WebLinkAbout91_044 PC Resolution RESOLUTION NO. 91-~ A RESOLUTION OF THE CITY OF TEMECULA PLANNING COMMISSION RECOMMENDING DENIAL OF CHANGE OF ZONE NO. 5755 CHANGING THE ZONE FROM M-SC TO C~ I/C-P ON PROPERTY LOCATED AT THE NORTHWEST CORNER OF DIAZ AND RANCHO CALIFORNIA ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 921-020-058 AND 059. WHEREAS. Bedford Properties filed Change of Zone No. 5755 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 May 20. 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 denial of said Change of Zone; NOW. THEREFORE. THE CITY OF TEMECULA PLANNING COMMISSION DOES RESOLVE. DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findings. Thatthe City of 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) 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. A: CZ5755 1 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, I herelnafter "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 denial of the proposed Change of Zone, makes the following findings, to wit: a) There is not a reasonable probability that this project will be consistent with the General Plan being prepared at this time, due to the fact that no development is proposed. b) There is a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan, due to the fact that the project is located in a high visibility and impact area. c) The site is not physically suited for the proposed Change of Zone in that it is not known what the impacts of a project will be, especially in regard to traffic and land use compatibility. d) The proposed Change of Zone is consistent with the SWAP designation of C [ Commercial ), but is not beneficial at this time since no development is proposed. D. The Change of Zone is not compatible with the health, safety and welfare of the community. A: CZ5755 2 SECTION 2. Conditions. That the City of Temecula Planning Commission hereby denies Zone Change No. 5755 to change the zoning on 8 acres of land from M-SC (Manufacturing - Service Commercial) to C-1/C-P ( General Commercial) on property located at the northwest corner of Diaz and Rancho California Roads and known as Assessor's Parcel No. 921-020-058 and 059. SECTION 3. PASSED. DENIED AND ADOPTED this 20th day of May. 1991. ~ .... 'DENNIS CHINIAEFF - 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 20th day of May. 1991 by the following vote of the Commission: AYES: 5 PLANNING COMMISSIONERS NOES: 0 PLANNING COMMISSIONERS ABSENT: 0 PLANNING COMMISSIONERS A: CZ5755 3