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HomeMy WebLinkAbout97_011 PC Resolution PC RESOLUTION NO. 97-011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA97-0007 (DEVELOPMENT PLAN) TO CONSTRUCT AND OPERATE A 17,021 SQUARE FOOT INDUSTRIAL OFFICE AND WAREHOUSE FACILITY ON A PARCEL CONTAINING 1.18 ACRES LOCATED ON THE SOUTH SIDE OF AVENIDA ALVARADO WEST OF DIAZ ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 909- 290-002 WHEREAS, Temecula One Properties filed Planning Application No. PA97-0007 (Development Plan) in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA97-0007 (Development Plan) was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. PA97-0007 (Development Plan) on May 5, 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 in opposition; WHEREAS, at the public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the Commission considered all facts relating to Planning Application No. PA97-0007 (Development Plan); NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct. Section 2. Findings. The Planning Commission, in approving Planning Application No. PA97-0007 (Development Plan) makes the following findings, to wit: 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 general welfare. The project as proposed 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. RASTAPPRMPA97TC 7129/97 ckd 6 C. An Initial Study was prepared for the project and it has determined that although the proposed project could have a significant effect on the environment, these effects are not considered to be significant due to mitigation measures contained in the project design and in the Conditions of Approval added to the project. D. The project will not result in an impact to endangered, threatened or rare species or their habitats, including but not limited to plants, fish, insects, animals and birds. The project site has been previously disturbed and graded, and streetscape installed on site. There are no native species of plants, no unique, rare, threatened or endangered species of plants, no native vegetation on or adjacent to the site. Further, there is no any indication that any wildlife species exist, or that the site serves as a migration corridor. A DeMinimus impact finding can be made for this project. Section 3. 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 granted. Section 4. Conditions. That the City of Temecula Planning Commission hereby approves Planning Application No. PA97-0007 (Development Plan) to construct operate a 16,990 square foot industrial office and warehouse facility located on the south side of Avenida Alvarado, west of Diaz Road and known as Assessor's Parcel No. 909-290-002 subject to Exhibit A, attached hereto, and incorporated herein by this reference and made a part hereof. Section 5. PASSED, APPROVED AND ADOPTED this day of May, 1997. Linda Fahey, Chairman 4 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 5th day of May, 1997 by the following vote of the Commission: AYES: 5 PLANNING COMMISSIONERS: Fahey, Miller, Slaven, Soltysiak, Webster NOES: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None Debbie Ubnoske, Secretary R:WAFFRM7pa97.PC 7/28/97 ckd 7 ATTACHMENT NO. 1 PC RESOLUTION NO. 97-010 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL BY THE CITY COUNCIL OF AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT NO. 5 BETWEEN THE CITY OF TEMECULA AND BRAMALEA CALIFORNIA, LLC FOR PORTIONS OF TRACT MAPS NO. 23100, 23101, 23103 AND TPM 28503 PROPOSED (FORMERLY TPM 23102), WITHIN SPECIFIC PLAN NO. 199 (PLANNING APPLICATION NO. PA97-0030) THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the Planning Commission of the City of Temecula has received an application from Bramalea California, LLC for an Amendment and Restatement of Development Agreement No. 5, Specific Plan No. 199, "Margarita Village," Planning Application No. PA97- 0030, (hereinafter "Development Agreement"); and, WHEREAS, the Planning Commission held a noticed public hearing on April 21, 1997, on the issue of recommending approval or denial of the Development Agreement; and, WHEREAS, the Planning Commission continued Planning Application No. PA97-0030 at the public hearing on April 21, 1997 to May 5, 1997; and, WHEREAS, the Planning Commission considered Planning Application No. PA97-0030 on May 5, 1997, on the issue of recommending approval or denial of the Development Agreement. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES FIND AS FOLLOWS: Section 1. That the Planning Commission recommends that the City Council adopt and approve the Ordinance approving the Development Agreement, Attachments "A" and "B", respectively, attached hereto and incorporated herein by this reference, subject to the Conditions of Approval attached hereto as Attachment "C" and incorporated herein by this reference as set forth in full herein. Section 2. That in recommending adoption by the City Council of an Ordinance approving the Development Agreement, the Planning Commission hereby makes the following findings: RASTAFPRPMOPA97.PC2 7128/97 mf 3 (a) The Development Agreement is consistent with the objectives, policies, general land uses, and programs specified in the City of Temecula's General Plan in that the Development Agreement makes reasonable provision for the use of certain real property for residential development and is consistent with the General Plan Land Use Designation of Low- Medium Density Residential; and, (b) The project subject to the Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the Specific Plan Zone district in which the Property subject to the Development Agreement is located, and that this Development Agreement is consistent with good planning practices by providing for the opportunity to develop the Property consistent with the General Plan; and, (c) The Development Agreement is in conformity with the public convenience, general welfare, and good land use practice because it makes reasonable provision for a balance of land uses compatible with the remainder of the City; and, (d) The Development Agreement will not be detrimental to the health, safety, or general welfare because it provides adequate assurances for the protection thereof; and, (e) Notice of the public hearing before the Planning Commission was published in a newspaper of general circulation at least ten (10) days before the Planning Commission public hearing, and mailed or delivered at least ten (10) days prior to the hearing to the project applicant and to each agency expected to provide water, sewer, schools, police protection, and fire protection, and to all property owners within six hundred feet (600') of the property as shown on the latest equalized assessment roll; and, (f) Notice of the public hearing before the Planning Commission included the date, time, and place of the public hearing, the identity of the hearing body, a general explanation of the matter to be considered, a general description and text or diagram of the location of the real property that is the subject of the hearing, and of the need to exhaust administrative remedies; and, (g) The Development Agreement complies with the goals and objectives of the Circulation Flement of the General Plan and the traffic impacts of the development over the period of the Development Agreement will be substantially mitigated by the mitigation measures and conditions of approval imposed; and, (h) The Development Agreement complies with requirements of the zoning district in which the applicant proposes to develop in that the Low-Medium Density Residential is consistent with the Low-Medium Residential General Plan Land Use Designation; and, R:%STAPPRP JOPA97.PC2 W28/97mf 4 (i) The benefits that will accrue to the people of the City of Temecula from this legislation and this Development Agreement are as follows: City and Owner acknowledge that development of the Project will result in the 1. Generation of municipal revenue; 2. Construction of public infrastructure facilities; 3. Acceleration of both the timely development of subject property as well as the payment of municipal revenue; 4. Enhancement of quality of life for surrounding residents with the timely development through the elimination of dust and nuisance of partially improved lots; 5. Payment of Public Facility Fees (fire, library, traffic signal mitigation, development and RSA); and, Section 3. The Secretary of the Planning Commission shall cause this Resolution to be transmitted to the City Council for further proceedings in accordance with State law. Section 4. PASSED, APPROVED AND ADOPTED this 5th day of May, 1997. 4daFahey. hairman 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 5th day of May, 1997, by the following vote of the Commission: AYES: 5 PLANNING COMMISSIONERS: Fahey, Miller, Slaven, Soltysiak, Webster NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERRSS: None Debbie Ubnoske, Secretary RASTAFFRFTMPA97.PC2 7/28197 mf 5