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HomeMy WebLinkAbout97-038 CC ResolutionRESOLUTION NO. 97-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA96-0293 (DEVELOPMENT PLAN- APPEAL), UPHOLDING THE PLANNING COMMIgSION'S DECISION APPROVE PLANNING APPLICATION NO. PA96-0293 (DEVEIOPMENT PLAN) TO DESIGN AND CONSTRUCT A 20,619 SQUARE FOOT COMMERCIAL DEVELOPMENT ON A PARCElF CONTAINING 2.54 ACRF~ LOCATEI~ ON THE SOUTHWEST CORNER OF MARGARITA ROAD AND PAUBA ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 945-110-003 WHEREAS, Ted Zonos fried Planning Application No. PA96-0293 (Development Plan) in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA96-0293 (Development Plan) was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. PA96-0293 (Development Plan) on January 27, 1997 at a duly noticed public hearing as prescribed by law, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, the Planning Commission continued Planning Application No. PA96-0293 (Development Plan) on January 27, 1997, to February 24, 1997; WHEREAS, the Planning Commission considered Planning Application No. PA96-0293 (Development Plan) on February 24, 1997 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 approved Planning Application No. PA96-0293 (Development Plan); WHEREAS, Planning Application No. PA96~0293 (Development Plan - Appeal) was filed on March 7, 1997; WHEREAS, the City Council conducted a public hearing pertaining to Planning Application No. PA96-0293 (Development Plan - Appeal) on April 22, 1997, at which time interested persons had opportunity to testify either in support or opposition to Planning Application No. PA96-0293; Reaoa\97-38 1 WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding Planning Application No. PA96-0293; NOW, TIIEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. findings; to wit: Findings. That the Temecula City Council hereby makes the following A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. The project is consistent with all City Ordinances including: the City's Development Code, Ordinance No. 655 (Mt. Palomar Lighting Ordinance), and the City's Water Efficient Landscaping provisions. B. The overall development of the land is designed for the protection of the public health, safety and welfare. The project as conditioned complies with all City Ordinances and meets the standards adopted by the City of Temecula designed for the protection of the public health, safety and welfare. The project is locatd close to schools, a park, the City's skateboard park, a church, and a residential area and therefore, the public health, safety and general welfare is enhanced by prohibiting the sale of alcoholic beverages and tobacco products on the site. Section 2. Environmental Compliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby approved. Section 3. Conditions. That the City of Temecula City Council hereby approves Planning Application No. PA96-0293 (Development Plan - Appeal), upholding the Planning Commission's decision and approving Planning Application No. PA96-0293 (Development Plan) to design and construct a 20,619 square foot commercial development on a parcel containing 2.54 acres located on the southwest comer of Margarita Road and Pauba Road and known as Assessor' s Parcel No. 945-110-003 subject to Exhibit A, attached hereto, and incorporated herein by this reference and made a part hereof. Section 4. The City Clerk shall certify the adoption of this Resolution. Re~os\97-38 2 PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 22nd day of April, 1997. Patricia H. Birdsall, Mayor ATTEST: Greek, E '~Sty-Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) SS I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 97-38 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 22nd day of April, 1997 by the following vote, to wit: AYES: 5 COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None June S CMC/AAE City Clerk Resos\97-38 3