HomeMy WebLinkAbout97_008 PC Resolution 701 _ v6
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ATTACHMENT NO. 1
PC RESOLUTION NO. 97-008
A RESOLUTION OF THE PLANNING COMNIISSION OF
THE CITY OF TEMECULA UPHOLDING THE PLANNING
DIRECTOR'S DECISION DENYING PLANNING
APPLICATION NO. PA97-0057 (REQUEST FOR A NINETY
(90) DAY EXTENSION OF TIME) TO CONDUCT A MINING
OPERATION LOCATED AT 38000 EAST NICOLAS ROAD
AND KNOWN AS ASSESSOR'S PARCEL NO. 957-130-
001,002 AND 957-340-007,008 AND 914-280-007
WHEREAS, Jack Roripaugh filed Planning Application No. PA97-0057 (Extension of
Time) in accordance with the City of Temecula General Plan and Development Code, which the
City has adopted by reference;
WHEREAS, Planning Application No. PA97-0057 (Extension of Time) was processed
in the time and manner prescribed by State and local law;
WHEREAS, the Planning Director considered Planning Application No. PA97-0057
(Extension of Time), and on January 28,1997 administratively denied the request;
WHEREAS, Jack Roripaugh filed an appeal on February 7, 1997;
WHEREAS, the Planning Commission considered Planning Application No. PA97-0057
(Extension of Time- Appeal) on April 21, 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, upon hearing and considering all testimony and arguments, if any, of all
persons deserving to be heard, the Planning Commission considered all facts relating to Planning
Application No. PA97-0057;
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. That the Temecula Planning Commission hereby makes the
following findings:
1. The project is in violation of Condition No. 13 of the Conditions of
Approval for Planning Application No. PA96-0065 (Minor Conditional Use Permit) limiting the
transporting of sand from the site to Nicolas Road and Winchester Road.
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2. The project is in violation of Condition No. 5 of the Conditions of Approval
for Planning Application No. PA96-0065 (Minor Conditional Use Permit) limiting the hours of
operation.
3. The project is in violation of Condition No. 8 of the Conditions of Approval
for Planning Application No. PA96-0065 (Minor Conditional Use Permit) forbidding the import
of sand or other materials.
4. The project is in violation of Condition No. 11 of the Conditions of
Approval for Planning Application No. PA96.-0065 (Minor Conditional Use Permit) limiting
operations to December 31, 1996.
5. Violations by the applicant have continued despite requests for compliance
dated November 4, 1996, January 10, 1997, and January 28, 1997.
6. There is no compelling reason to approve an extension of time for Minor
Conditional Use Permit No. PA96-0065.
Section 3. Environment Complies Planning Application No. PA97-0057 (Extension
of Time) is statutorily exempt pursuant to Article 18, Section 15270 of the California
Environmental Quality Act (CEQA). CEQA does not apply to projects which a public agency
rejects or disapproves.
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Section 4. PASSED, APPROVED AND ADOPTED this 21st day of April, 1997.
Li hey, Chairman
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 21st day of April,
1997 by the following vote of the Commission:
AYES: 5 PLANNING COMMISSIONERS: Fahey, Miller, Slaven, Soltysiak,
Webster
NOES: 0 PLANNING COMMISSIONERS:
ABSENT: 0 PLANNING COMMISSIONERS:
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Debbie Ubnoske, Secretary
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