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HomeMy WebLinkAbout93_004 PC Resolution AI-rACHMENT NO. 1 PC RESOLUTION NO. 93-04 A RESOLUTION OF THE CITY OF TEMECULA PLANNING COMMISSION RECOMMF. NDING APPROVAL OF ZONE NO. 23 CHANGING THE ZONE FROM R-3-4,000 (GENERAL RESIDENTIAL) TO C-O (COMMERCIAL OFFICE) ON PROPERTY LOCATED ON THE SOUTH SIDE OF RANCHO CALIFORNIA ROAD, APPROXIMATELY 450 FEET EAST OF THE INTERSECTION OF VIA LAS COLINAS AND RANCHO CALIFORNIA ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 944-290-009 WHEREAS, Safa Muhtaseb filed Change of Zone No. 23 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WI~,REAS, 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 March 1, 1993, 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 approval of said Change of Zone; NOW, THF~REFORE, THE CITY OF TEMECULA PLANNING COMMISSION DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findings. That the City of Temecula Planning Commission hereby makes the following fmdings: 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 f'mds, in approving projects and taking other actions, including the issuance of building permits, each of the following: R:\S\STAFFRP'~23CZ.PC 3/15/93 klb 8 a. There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal be'rog considered or studied or which will be studied within a reasonable time. b. There is little or no probability of substanfml 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, (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. C. The Planning Commission in recommending approval of the proposed Change of. Zone, makes the following f'mdings, to wit: 1. The proposed zone change will not have a significant adverse effect on the environment, as determined in the Initial Study for this project. No immediate impacts to the environment will result from the Change of Zone from R-3-4,000 (General Residential) to C-O (Commercial Office). Impacts from future development can be mitigated to a level less than significant. 2. There is a reasonable probability that the zone change from R-3-4,000 (General Residential) to C-O (Commercial Office) will be consistent with the future General Plan. The land use designation for the site on the draft General Plan is Professional Office. Commercial Office uses will ultimately be consistent with the Professional Office designation, due to the fact that they are similar in both Ordinance No. 348 and the draft General Plan. 3. There is not a reasonable, probability of substantial detriment to, or interference with, the future General Plan, if the proposed use or action is ultimately inconsistent with the General Plan due to the fact that commercial designations are proposed to the north and west, with a high density residential designation to the south and medium density residential to the east. While the C-O zoning will ultimately to be inconsistent with the City's General Plan upon its adoption, this inconsistency will be rectified upon the adoption of the City's zoning map. 4. The proposed change in district classification will likely be consistent with the goals, policies and implementation programs which will be contained in the General Plan when it is ultimately adopted. The proposal is consistent with Goal 1 of the Draft General Plan land Use Element which calls for "A complete and integrated mix of residential, commercial, industrial, recreational, and public land uses." Commercial land uses exist to the north and west,' residential exists to the south and is proposed to the east. The proposal will also be R:\S\STAFFRPT~23CZ.PC 3/15/93 klb 9 consistent with Goal 5 of the Draft General Plan Land Use Element which calls for "A land use pattern and intensity of development that encourages alternative modes of transportation, includ'mg transit, bicycling, and walking." Existing transit lines are in proximity to the site and residential uses adjacent to the site will afford opportunities to walk to the site. 5. The site of the proposed Change of Zone is suitable to accommodate all the land uses currently permitted in the proposed zoning district due to the fact that the parcel is of adequate size and shape for any proposed use. Section 9.75.a. of Ordinance No. 348 (Development Standards for Commercial Office) requires no minimum size for lot area. The parcel is approximately 6.1 acres. Landscaping, parking and lot coverage requirements will be met upon ultimate submittal of a development proposal. 6. Adequate access exists to the proposed Change of Zone site. Proposed potential access points to the site will be from Via Las Colinas, Lyndie Lane, Rancho California Road and Moraga Road. Additional internal access and required road improvements to the site will be designed and constructed in conformance with City of Temecula standards. 7. Said fmdings are supported by analysis, maps, exhibits, and environmental documents associated with this application and herein incorporated by reference. D. The Change of Zone is compatible with the health, safety and welfare of the community. Section 2. Environmental Compliance. An Initial Study was performed for this project when determined that although the proposed project could have a significant effect on the environment, no significant impact would immediately result to the natural or built environment in the City. Future development of the site may result in impacts to the environment, however, these can be mitigated to a level less than significant at the project development review stage. A Negative Declaration, therefore, is hereby granted. Section 3. PASSED, APPROVED AND ADOPTED this~lst day of March, 1993. CHAIRMAN R:\S\STAFFRPT\23CZ.PC 3/15/93 klb 1 0 I [-IEREBY 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 1 st day of March, 1993 by the following vote of the Commission: AYES: 3 NOES: 0 ABSENT: 2 PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: 'BLAIR, CHINIAEFF, HOAGLAND FAHEY, FORD THORNHILL SECRETARY R:\S\STAFFRPT~23CZ.PC 3/15/93 klb 1 1