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HomeMy WebLinkAbout94_031 PC Resolution PC RESOLUTION NO. 94-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING CHANGE OF ZONE NO. 5593 TO CHANGE THE EXISTING ZONING OF RESIDENTIAL AGRICULTURAL 2% ACRE 1VMINIMUM PARCEL SIZE TO SINGLE FAMILY DWELLING AND OPEN SPACE ON A 20 ACRE PARCEL LOCATED ON THE SOUTH SIDE OF NICOLAS ROAD APPROXIMATELY 2,000 FEET EAST OF CALLE GIRASOL AND KNOWN AS ASSESSOR'S PARCEL NO. 914-480-005 WHEREAS, David Mulvaney filed Change of Zone No. 559 in accordance with the Riverside County General Plan, Land Use and Subdivision Ordinan,eS, which the City has adopted by reference; WHEREAS, the Change of Zone application was not processes:: in the time and manner prescribed by State and local law due to the applicant's failure to rr,, , timely submittals; WHEREAS, the Planning Commission considered Change of Zone No. 5598 on November 18, 1991, at a duly noticed public hearing as prescribed by law, at which time interested persons had an opportunity to testify either in support or in opposition; WHEREAS, at the public hearing, the Commission continued Change of Zone No. 5598 off-calendar; WHEREAS, the Planning Commission considered Change of Zone No. 5598 on June 6, 1994, at a duly noticed public hearing as prescribed by law, at whici, time interested persons had an opportunity to testify either in support or in opposition; WHEREAS, at the public hearing, Change of Zone No. 5598 N:as continued to the July 18, 1994 Planning Commission meeting; WHEREAS, the Planning Commission considered Change of'-" ie No. 5598 on July 18, 1994, at a duly noticed public hearing as prescribed by law, at which'.unc interested persons had an opportunity to testify either in support or in opposition; WHEREAS, at the public hearing, Change of Zone No. `.50,) was continued to the September 19, 1994 Planning Commission meeting; WHEREAS, the Planning Commission considered Change of Zone No. 5598 on September 19, 1994, at a duly noticed public hearing as prescribe: by law, at which time interested persons had an opportunity to testify either in support or in .apposition; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS COLLOWS: RASTAFFRPT\25063.PC3 11/22/94 klb 8 Section 1. That the above recitations are true and correct. Section 2. Findines. The Planning Commission, in denying ::he proposed Change of Zone, makes the following findings, to wit: (1) The proposed use or action does not coinply with all applicable requirements of state law and local ordinances due to the fact that the aoplicant failed to submit all required information in a timely manner so that the project coulc .ot be deemed complete in accordance with State and local law. (2) Because the proposed zoning designations are inconsistent with the City's adopted General Plan, staff cannot make the finding that the project is consistent with the General Plan. Section 3. Environmental Compliance. Per Section 15270 of the California Environmental Quality Act (CEQA), CEQA does not apply to project, which a public agency disapproves. Therefore, no environmental determination was prepared for this project. Section 4. Planning_Commission Action. Based upon the findmgs set forth above and the evidence presented at the public hearing, the Planning Commission hereby denies said application for Change of Zone No. 5593. Section 5. PASSED, APPROVED AND AD this 19tn-`any of September, 1994. 711 _..Q - S VENT. FORD CHAIR-' .AN I HEREBY CERTIFY that the foregoing Resolution was duiy -tdopted by the Planning Commission of the City of Temecula at a regular meeting thereof, ;field on the 19th day of September, 1994 by the following vote of the Commission: AYES: 4 PLANNING COMMISSIONERS: Fahey, Slavon, Webster, Ford NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 1 PLANNING COMMISSIONERS: Blair GAR THiIRNHILL SECRE ARY RASTAFFRPT\25063.PC3 11/22/94 klb 9