HomeMy WebLinkAbout03_022 PC ResolutionPC RESOLUTION NO. 2003-022
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION NO.
PA02-0340, A COMPREHENSIVE LAND USE PLAN TO
ESTABLISH GUIDELINES AND CRITERIA FOR THE FUTURE
DEVELOPMENT OF A RETAILJCOMMERClAL SHOPPING
COMPLEX ON A 14.3 ACRE SITE. THE SITE IS GENERALLY
LOCATED AT THE SOUTHEAST AND SOUTHWEST CORNERS
OF STATE HIGHWAY 79 SOUTH AND PECHANGA PARKWAY
ALSO KNOWN AS ASSESSORS PARCEL NOS. 961-010-001,004
& 005
WHEREAS, Rainbow Canyon LLC, filed Planning Application No. PA02-0340,
(Comprehensive Land Use Plan "Application"), in a manner in accord with the City of Temecula
General Plan and Development Code;
WHEREAS, the Application was processed including, but not limited to a public notice, in the
time and manner prescribed by State and local law;
WHEREAS, the Planning Commission, at a regular meeting, considered the Application on
February 19, 2003, at a duly noticed public hearing as prescribed by law, at which time the City staff
and interested persons had an opportunity to and did testify either in support or in opposition to this
matter;
WHEREAS, at the conclusion of the Commission hearing and after due consideration of the
testimony, the Commission recommended approval of the Application subject to and based upon
the findings set forth hereunder;
WHEREAS, all legal preconditions to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES
HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1.
reference.
The above recitations are true and correct and are hereby incorporated by
Section 2. Findings. The Planning Commission, in approving the Application hereby
makes the following finding:
The plan to establish guidelines and criteria forthe future development of a retail/commercial
shopping center complex is consistent with the City's General Plan including Land Use
Element Goal 3, Policy 3.1 given the Comprehensive Land Use Plan "considers the
compatibility of the proposed project on surrounding uses including use of materials and
landscaping. In addition, the Plan conforms to the adopted Development Agreement, City-
Wide Design Guidelines and Development Code.
Section 3. Environmental Compliance. No new significant environmental impacts have
resulted since a Negative Declaration was previously prepared. Therefore, the project has been
found to qualify for a Determination of Consistency exemption, pursuant to Section 15162 of the
California Environmental Quality Act Guidelines.
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Section 4. Approval/Conditions. That the City of Temecula Planning Commission hereby
conditionally approves the Application, a request to establish guidelines and policies in association
with the future development of a 14.3 acre retaiVcommemial shopping complex set forth on Exhibit
'A', attached hereto, and as conditioned and incorporated herein by this reference together with any
and all necessary conditions that may be deemed necessary as shown on Exhibit 'B'.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Commission this 19th day of February 2003.
ATTEST:
Dennis Chiniaeff, Cha;~
ie Ubnoske, Secretary
S~'ATE OF CALiPORi'~IA )
C.._OUN~TY.O/F R~VE~S.~DE ) ss
~ tcDebS~gtUbnoske, Secreta~ of the TemecuJa PJanning Commission, do hereby ce~ify that
PC Ress~fion No. 2003-022 was duly and regularly adopted by the Planning Commission of the
Ci~ of Temecula at a regular meeting thereof held on the 19th day of Februa~, 2003, by the
following vote of the Commission:
AYES: 5
PLANNING COMMISSIONERS:
Chiniaeff, Guerriero, Mathewson
Olhasso, Telesio
NOES:
0 PLANNING COMMISSIONERS:
ABSENT: 0 PLANNING COMMISSIONERS:
ABSTAIN: 0 PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
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EXHIBIT B
CONDITIONS OF APPROVAL
R:~DESIGN GUIDELINES\PA02-0340 Rainbow Canyon Design Guidelines~Final CoA's.doc
EXHIBIT B
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No.:
PA02-0340 Comprehensive Land Use Plan
Project Description:
Planning Application to establish guidelines and
criteria in association with the future
development of a retail/commercial-shopping
complex on a 14.3-acre site.
Assessor's Parcel No.:
961-010-001,004 & 005
Approval Date:
May 7, 2003
Expiration Date:
November 15, 2009
PLANNING DIVISION
Within Forty-Eight (48) Hours of the Approval of this Project
The applicant shall deliver to the Community Development Department- Planning Division a
cashier's check or money order made payable to the County Clerk in the amount of Sixty-
Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of
Exemption required under Public Resources Code Section 21108(b) and California Code of
Regulations Section 15075. If within said forty-eight (48) hour period the applicant has not
delivered to the Community Development Department - Planning Division the check as
required above, the approval for the project granted shall be void by reason of failure of
condition [Fish and Game Code Section 711.4(c)].
GENERAL REQUIREMENTS
The applicant and owner of the real property subject to this condition shall hereby agree to
indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own
selection from any and all claims, actions, awards, judgments, or proceedings against the
City to attack, set aside, annul or seek monetary damages resulting, directly or indirectly,
from any action in furtherance of and the approval of the City, or any agency or
instrumentality thereof, advisory agency, appeal board or legislative body including actions
approved by the voters of the City, concerning the Planning Application. The City shall be
deemed for purposes of this condition, to include any agency, or instrumentality thereof, or
any of its elected or appointed officials, officers, employees, consultants, contractors, legal
counsel, and agents. City shall promptly notify both the applicant and the landowner of any
claim, action, or proceeding to which this condition is applicable and shall further cooperate
fully in the defense of the action. The City reserves the right to take any and all action the
City deems to be in the best interest of the City and its citizens in regards to such defense.
The permittee shall obtain City approval for any modifications or revisions to the approval of
this Comprehensive Land Use Plan.
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This approval shall be used prior to the expiration date specified; otherwise, it shall become
null and void. By use is meant the beginning of substantial construction contemplated by
this approval that is thereafter diligently pursued to completion, or the beginning of
substantial utilization contemplated by this approval.
79 $c'.-'th. (Deleted per Planning Commission on May 7, 2003)
Window mullions shall be incorporated into all windows on front and side building elevations
of all major tenant buildings utilizing the CaLifornia Colonial architectural style. (Added per
Planning Commission on May 7, 2003)
Order/pick-up windows associated with drive-thru restaurants shall be fully screened from
public streets. Screening shall be achieved with landscaping, structures or a combination
thereof. (Added per Planning Commission on May 7, 2003)
Ail drive-thru lanes within the shopping center shall be fully screened from public streets.
(Added per Planning Commission on May 7, 2003)
By placing my signature below, I confirm that I have read, understand and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in conformance
with these conditions of approval and that any changes I may wish to make to the project shall be
subject to Community Development Department approval.
Applicant's Signature
Date
Name printed
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