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HomeMy WebLinkAbout92_008 PC Resolution ATTACHMENT NO. 1 RESOLUTION NO. 92-008 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING DENIAL OF CHANGE OF ZONE NO. 18 AND SPECIFIC PLAN NO. 219, AMENDMENT NO. 2 CHANGING THE ZONING DESIGNATION OF THE SUBJECT PROPERTY FROM R-A-2 1/2 TO SPECIFIC PLAN AND AMEND THE BOUNDARY OF SPECIFIC PLAN NO. 219, AMENDMENT NO. 1 TO INCLUDE THE SUBJECT PROPERTY AS PLANNING AREA NO. 36 FOR THE SUBJECT PROPERTY LOCATED ON THE SOUTHEAST CORNER OF MARGARITA ROAD AND DE PORTOLA ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 926-012-006. WHEREAS, Sam McCann filed Change of Zone No. 18 and Specific Plan No. 219, Amendment No. 2 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 and Specific Plan Amendment applications were processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Change of Zone and Specific Plan Amendment on August 5, 1991, December 16, 1991, and January 27, 1992 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 and Specific Plan Amendment; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findings. That the Temecula Planning Commission hereby makes the following findings: 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: The city is proceeding in a timely fashion with the preparation of the general plan, The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: S\STAFFRPT~I 8-CZ.AM2 Z~. (1) 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. (2) 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. (3) The proposed use or action complied with all other applicable requirements of state law and local ordinances, 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. The Planning Commission in recommending denial of the proposed Change of Zone and Specific Plan Amendment, makes the following findings, to wit: There is a reasonable probability that Change of Zone No. 18 and Specific Plan No. 219, Amendment No. 2 may be inconsistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law. There is a likely probability of substantial detriment to or interference with the future General Plan, if Change of Zone No. 18 and Specific Plan No. 219, Amendment No. 2 are ultimately inconsistent with the plan, due to the fact that an approval of such a zone change and amendment may be inconsistent with the goals and/or policies of the City's future General Plan. The project may not be compatible with surrounding land uses. The harmony may not create a compatible physical relationship with adjoining properties, due to the fact that the adjoining properties were designed as an overall concept for Specific Plan No, 219, Amendment No. 1 and the proposed project may not be consistent with Specific Plan No. 219, Amendment No. 1. The proposal could have an adverse effect on surrounding property, because it may represent a significant change to the planned land use of the area, due to the fact that the proposed land use may be inconsistent with the overall concept of Specific Plan No. 219, Amendment No. 1, which proposes an integrated commercial center. The Change of Zone and Specific Plan Amendment are compatible with the health, safety and welfare of the community. S\STAFFRPT~I 8-CZ.AM2 5 SECTION 2. Environmental Compliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in EIR 235 and in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby recommended for adoption. SECTION 3. That the City of Temecula Planning Commission hereby recommends denial of Change of Zone No. 18 and Specific Plan No. 219, Amendment No. 2 changing the zoning designation of the subject property from R-A-2 1/2 to Specific Plan and amending the boundary of Specific Plan No. 219, Amendment No. 1 to include the subject property as Planning Area No. 36 (Neighborhood Commercial) for the subject property located on the southeast corner of Margarita Road and De Portola Road and known as Assessor's Parcel No. 926-012-006. PASSED, DENIED AND ADOPTED this 27th day of January, 1992. 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 27th day of January, 1992 by the following vote of the Commission: AYES: 4 NOES: 1 ABSENT: 0 PLANNING COMMISSIONERS PLANNING COMMISSIONERS PLANNING COMMISSIONERS S\STAFFRPT~I 8-CZ.AM2 6