HomeMy WebLinkAbout00_025 PC ResolutionPC RESOLUTION NO. 2000-025
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL
APPROVAL AN ORDINACE ENTITLED "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE,
ZONING MAP OF THE CITY OF TEMECULA FOR THE SOUTH
SIDE OF STATE ROUTE 79 (SOUTH) EAST OF JEDEDIAH SMITH
ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 96'1-010-006,
AND ADDING SECTIONS 17.22.t30 THROUGH 17.22.138 TO THE
TEMECULA MUNICIPAL CODE FOR PLANNED DEVELOPMENT
OVERLAY DISTRICT NO. 4 (PLANNING APPLICATION NO. PA99-
0261)"
WHEREAS, the Applicant filed Planning Application No. 99-0261, in a manner in accord with
the City of Temecula General Plan and Development Code;
WHEREAS, Planning Application No. 99-0261 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 Planning
Application No. 99-0261 on June 21,2000, 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 conditional approval of Planning Application No. 99-0261
to the City Council subject to the conditions after finding that the project proposed in Planning
Application No. 99-0261 conformed to the City of Temecula General Plan;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES
HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct and are hereby incorporated by
reference.
Section 2. Findin.qs. The Planning Commission, in approving Planning Application No.
99-0261 (Planned Development Overlay) hereby makes the following findings:
A. The proposal, as conditioned, is consistent with the land use designation and policies
reflected for (PO) Professional Office and Specific Plan Overlay Area Z3 of the City General Plan.
B. The site is physically suitable for the type and density of residential and commercial
development proposed.
C. The proposed Planned Development Overlay Zoning District is not likely to cause
substantial environmental damage or substantially and unavoidably injure fish or wildlife or their
habitat because the project will not approve any specific on-the-ground development and future
development requests will require additional and appropriate review.
R:~P D O~99-0261 79 South~PC Staff Report.doc
7
Section 3. Environmental Compliance. An environmental initial study has been prepared
for Planning Application No. 99-0261 in accordance with California Environmental QualityAct. As a
result, staff is recommending that the Planning Commission make recommendation to the City
Council adopting a Mitigated Negative Declaration for this Planning Application (PA99-0261).
Section 4. Approval. That the City of Temecula Planning Commission hereby
recommends that the City Council approve the Ordinance for Planning Application No. 99-0261
(Planned Development Overlay), substantially in the form contained in Exhibit A and subject to the
conditions set forth in Exhibit B, attached hereto, and incorporated herein by this reference.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Commission this 21th day of June 2000.
Ron Guerr~e~, C-hairpers~n --
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 21th day of June,
2000, by the following vote of the Commission:
AYES: 3
NOES: 2
ABSENT: 0
ABSTAIN: 0
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
FAHEY, VVEBSTER, GUERRIERO
TELESIO, MATHEVVSON
NONE
NONE
D~bbie Ubnoske, Secretary~
R:~P D O~99-0261 79 South~PC Staff Report.doc
8
EXHIBIT B
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No: PA99-0261 (Planned Development Overlay)
Project Description:
A Planned Development Overlay district to include 32.6
acres within the Professional Office (PO) zone located on
the south side of State Highway 79 South, west of
Avenida De Missions and east of Jedediah Smith Road
Assessor's Parcel No: 909-290-068
PLANNING DEPARTMENT
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 One
Thousand Three Hundred Twenty-Eight Dollars ($1,328.00) which includes the One
Thousand Two Hundred and Fifty Dollar ($1,250.00) fee, required by Fish and Game Code
Section 711.4(d)(3) plus the Seventy-Eight Dollars ($78.00) County administrative fee, to
enable the City to file the Notice of Determination for the Mitigated Negative Declaration
required under Public Resources Code Section 21108(a) 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 such failure of to satisfy this
condition (Fish and Game Code Section 711.4(c)).
General Requirements
The permittee/applicant shall indemnify, protect and hold harmless, the City and any agency
or instrumentality thereof, and/or any of its officers, employees, and agents from any and all
claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or
any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary
damages resulting from an 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 which action is brought within the
appropriate statute of limitations period and Public Resources Code, Division '13, Chapter 4
(Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167).
The City shall promptly notify the permittee/applicant of any claim, action, or proceeding
brought forth within this time period. The City shall estimate the cost of the defense of the
action and applicant shall deposit said amount with the City. City may require additional
deposits to cover anticipated costs. City shall refund, without interest, any unused portions
of the deposit once the litigation is finally concluded. Should the City fail to either promptly
notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify,
defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its
officers, employees, or agents. Should the applicant fail to timely post the required deposit,
the Director may terminate the lans use approval without further notice to the applicant.
R:~P D O~99-0261 79 South~PC Staff Report.doc
23
3. The applicant shall revise the site plan and text to include a public muLti-purpose trail along
Temecula Creek.
This approval shall have no force or effect until such time as the General Plan Amendment
has been approved by the City Council, modifying the Circulation Element Map.
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 Name
R:~ D O~99-0261 79 South~PC Staff Report.doc
24