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HomeMy WebLinkAbout05_031 PC Resolution PC RESOLUTION NO. 2005-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. PA05-0060, A DEVELOPMENT PLAN APPLICATION TO CONSTRUCT FOUR MODULAR BUILDINGS, INCLUDING AN ADMINISTRATION BUILDING AND THREE "CLASSROOM BUILDINGS TOTALING 6,048 SQUARE FEET ON 2.39 ACRES AT THE NORTHEAST CORNER OF CALLE GIRASOL AND AUSSIE AVENUE. i I WHEREAS, Mary Burnham filed Planning Application No. PA05-0060, in a manner in accord with the City of Temecula General Plan, Development Cod~; WHEREAS, Planning Application No. PA05-0060 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 ~eeting, considered Planning Application No. PA05-0060 on May 4, 2005 at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an "I' opportunity to and did testify either in support or in opposition to this matter; i I WHEREAS, at the conclusion of the Planning Commission Hearing and after due consideration of the testimony, the Planning Commission denied Planning Application No. PA05-0060 after finding that the project proposed in Planning Application No. PA05-0060 does not conform to the City of Temecula General Plan and Development Code; , NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLows: I Section 1. That the above' recitations are true and correct and are hereby incorporated by reference. Section 2. Findinqs. The Planning Commission, in denying Planning Application No. PA05-0060 (Development Plan) hereby makes the following findings as required by Section 17.05.020 of the T emecula Municipal Code: A. The proposed use is not in conformance with the General Plan for Temecula and with all the applicable requirements of state law and other ordinances of the City; While pre-schools are conditionally permitted in the Vety '-'ow Residential (VL) zone, the nature and intensity of the proposed use is not consistent With the General Plan intent to "provide for the development of single-family detached homes on large lots with a rural ranchette character of development." (GP Land Use Element.) B. The overall development of the land is not designed for the protection of the public, health, safety and general welfare; The site is bisected by a blue line stream that represents a potential safety risk to the users of the proposed facility during periods of heavy rainf~II. , G:\Planning\2005\PA05-0060 Cassatt Academy-CUP\Planning\PC Denial Resos.doc I , ' Section 3. Environmental Compliance, This project was found to be exempt pursuant to Section 15332, Class 32, In-Fill Development Projects, of the California Environmental Quality Act (CEQA). However, the project is denied and a Notice of Exemption is not necessary. Section 4. June 2005, DENIED by the City of Temecula Planning , i , ATTEST: ~~.~~ Debbie Ubnoske, Secretary ! i , I I I , , SEAL] . - ~, ,\" ...:\ ;. ~-. '," ' .' -, I \"';) ~'\ :_, ",I... {' .,} : ", """ ~-. I... ;:i .' /"" . ~,' :~.:..' STATE OF CALlFORNIA~ COUNTY OF RIVERSIDE CITY OF TEMECULA' " ss I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2005-31 was duly and regularly adopted by the Planning Commission of the City of T emecula at a regular meeting thereof held on the 1 st day of June 2005, by the following vote of the Commission: AYES: 4 PLANNING COMMISSIONERS: ,Guerriero, Mathewson, Olhasso, Telesio NOES: o PLANNING COMMISSIONERS: None ABSENT: 1 PLANNING COMMISSIONERS: Chiniaeff ABSTAIN: 0 PLANNING COMMISSIONERS: None I ~5Jx.J: Pf~~ Debbie Ubnoske, Secretary G:\Planning\2005\PA05-0060 Cassatt Academy-CUP\Planning\PC Denial Resos.doc