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HomeMy WebLinkAbout91_033 PC ResolutionRESOLUTION NO. 91-033 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF ZONE CHANGE NO. 12 TO CHANGE THE ZONING ON 41.64 ACRES OF LAND FROM A-2-20 (HEAVY AGRICULTURE) TO I-P (INDUSTRIAL PARK) AT THE NORTHWEST CORNER OF SOLANA WAY AND MARGARITA ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 921-090-007, 008. WHEREAS, Advanced Cardiovascular Systems, Inc. filed Change of Zone No. 12 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 April 15, 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 recommend approval of said Change of Zone; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTIQN 1. E~. That the 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:CZ12 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. 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, (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 proposed Change of Zone is consistent with the SWAP and does meet the requirements set forth in Section 65360 of the Government Code, to wit: (1) The city is proceeding in a timely fashion with a preparation of the general plan. (2) The Planning Commission finds, in recommending approval of projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: a) There is reasonable probability that Change of Zone No. 5 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. 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. A:CZ12 c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. (1) Pursuant to Section 6.5, no Change of Zone may be approved unless the applicant demonstrates the proposed use will not be detrimental to the health safety and welfare of the community, and further, that any Zone change approved shall be subject to such conditions as shall be necessary to protect the health, safety and general welfare of the community. (2) The Planning Commission in recommending approval of the proposed Change of Zone makes the following findings to wit: a) The proposed zone change will not have a significant adverse effect on the environment, as determined in the Initial Study for this project. b) There is a reasonable probability that the zone change from A-2-20 to I-P will be consistent with the future General Plan. Further, zoning proposed are similar to existing zoning in the vicinity of the project site. c) There is not a reasonable probability of substantial detriment to, or interference with, the future and adopted General Plan, if the proposed use or action is ultimately inconsistent with the plan due to the fact that the proposal is substantially buffered from surrounding land uses. d) The proposed change in district classification will likely be consistent with the goals, policies and action programs which will be contained in the General Plan when it is ultimately adopted. e) The site of the proposed change in district classification is suitable to accommodate all the land uses currently permitted in the proposed zoning district as it is of adequate size and shape for any proposed use. Possible land use conflicts are not likely to arise as the project proposes building setbacks to buffer uses existing in the general vicinity of the subject site. A:CZ12 9 f) Adequate access exists for 'the proposed change of zone from Solana Way and Margarita Road. Additional internal access and required road improvements to proposed lots will be designed and constructed in conformance with Riverside County standards. g) That said findings are supported by analysis, minutes, maps, exhibits, and environmental documents associated with this application and herein incorporated by reference. SECTION 2.- Environmental Compliance. An Initial Study prepared for this project indicates that the proposed project will not have a significant impact on the environment, and a Negative Declaration, therefore, is hereby granted. That the City of Temecula Planning Commission hereby recommends approval of Zone Change No. 12 to change the zoning on 41.64 acres of land from A-2- 20 to I-P at the northwest corner of Solana Way and Margarita Road. PASSED, APPROVED AND ADOPTED this 15th day of April 1991. DENNIS CHINIAE~'~' 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 15th day of April 1991 by the following vote of the Commission: AYES: 4 PLANNING COMMISSIONERS Blair, Fahey, Ford, and Chiniaeff NOES: 0 PLANNING COMMISSIONERS None ABSENT: 1 PLANNING COMMISSIONERS Hoagland A:CZ12 10