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HomeMy WebLinkAbout95_006 PC ResolutionATTACHMENT NO. 1 RESOLUTION NO. 95-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA94-0095, CONDITIONAL USE PERMIT TO PERMIT THE CONSTRUCTION OF A 238,000 SQUARE FOOT COMMERCIAL SHOPPING CENTER LOCATED ON THE SOUTHWESTERLY CORNER OF HIGHWAY 79 SOUTH AND REDHAWK PARKWAY AND KNOWN AS ASSESSOR'S PARCEL NO. 950-120-006 WHEREAS, Chris Smith of the Land Grant Development Company filed Planning Application No. PA94-0095 in accordance with the City of Temecula General Plan and Riverside County Land Use and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, Planning Application No. PA94-0095 was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. PA94-0095 on January 23, 1995, 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 conclusion of the public hearing for Planning Application No. PA94- 0095, upon hearing and considering all testimony and arguments, if any, of all persons deserving to be heard, the Planning Commission continued the hearing to the Planning Commission meeting of March 6, 1995; WHEREAS, the Planning Commission considered Planning Application No. PA94-0095 on March 6, 1995, 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 deserving to be heard, the Commission considered all facts relating to Planning Application No. PA94-0095; 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: R:\STAFFRPT\95PA94.PC2 1/9/96 klb 6 A. Pursuant to Section 18.28, no Conditional Use Permit may be approved unless the applicant demonstrates the proposed use will not be detrimental to the health, safety and welfare of the community, and further, that any Conditional Use Permit approved shall be subject to such conditions as shall be necessary to protect the health, safety and general welfare of the community. B. The Planning Commission, in approving Planning Application No. PA94-0095 makes the following findings, to wit: 1. The proposed use conforms to all General Plan requirements and with all applicable requirements of state law and City ordinances. The project is a permitted use within the General Plan Land Use designation of Highway Tourist Commercial (HTC). In addition, the project is permitted with the approval of a conditional use permit. 2. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuration, circulation patterns, access, and intensity of use due to the fact that the proposed development complies with the standards of Ordinance No. 348. 3. The is consistent with the General Plan due to the fact that the project has been design to be consistent with the Village Center Concepts of the General Plan. Development of this type will meet and further the overall goals of the General Plan. 4. The impact of this project exceeds the thresholds, even after the imposition of mitigation measures, for air quality. These thresholds are established by the South Coast Regional Air Quality Management District. As such, this project must be viewed as having a significant effect on the environment, in particular air quality. 5. In certifying the City's General Plan Environmental Impact Report and adopting Statement of Overriding Considerations, the City identified air quality as a potentially significant effect on the environment that even with mitigation could not be mitigated to a level of insignificance. The project is within the range of impacts analyzed in the General Plan EIR and Statement of Overriding Considerations. Consequently, the preparation of a full EIR to address this issue alone is unlikely to result in additional new information or mitigation measures not already available for this project. 6. The project as designed and conditioned will not adversely affect the public health or welfare due to the fact that the Conditions of Approval include measures which will ensure that public health and welfare will be maintained. 7. The project is compatible with surrounding land uses. The harmony in scale, bulk, height, intensity, and coverage creates a compatible physical relationship with adjoining properties due to the fact that the proposed development is compatible with current surrounding development and Ordinance No. 348. 8. The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic due to the fact that the interior circulation is suitable and connects with Redhawk Parkway, Country Glen Way, Via Rio Temecula and Highway 79 South. R:\STAFFRPT~95PA94.PC2 1/9/96 klb 7 9. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the initial study performed for this project due to the fact that the Conditions of Approval provide for the necessary mitigation for the project. 10. The design of the project and the type of improvements are such that they are not in conflict with easements for access through or use of the property within the proposed project as represented on the site plan. 11. The overall development of the land is designed for the protection of the public health, safety and general welfare; conforms to the logical development of the land and is compatible with the present and future logical development of the surrounding property, due to the fact that the project is consistent with all City and State requirements. 12. The proposed use or action complies with all other requirements of state law and local ordinances. The proposed use complies with California Governmental Code Section 65360, Section 18.28 (Conditional Use Permit) of Ordinance No. 348. 13. Said findings are supported by maps, exhibits and environmental documents associated with these applications and herein incorporated by reference. C. As conditioned pursuant to Section 4, Planning Application No. PA94-0095, as proposed, is compatible with the health, safety and welfare of the community. D. The Planning Commission in approving the certification of the Negative Declaration of environmental impact under the provisions of the California Environmental Quality Act, specifically finds that the approval of this Conditional Else Permit will have a di minimis impact on fish and wildlife resources. The Planning Commission specifically finds that in considering the record as a whole, the project involves no potential adverse effect, either individually or cumulatively, on wildlife as the same is defined in Section 711.2 of the Fish and Game Code. This is based on the fact that this project will be located on a site that has been previously graded an no wildlife exists on the site. The Planning Commission further finds that Land Grant Development Company is the project proponent and the site is located at on the southwesterly corner of Highway 79 South and Redhawk Parkway, Temecula, California. The project includes the construction of a commercial shopping center consisting of approximately 238,000 square feet of building area and that all of the same are located in the County of Riverside. Furthermore, the Planning Commission finds that an initial study has been prepared by the City Staff and considered by the Planning Commission which has been the basis to evaluate the potential for adverse impact on the environment and forms the basis for the Planning Commission's determination, including the information contained in the public hearing records, on which a Negative Declaration of environmental impact was issued and this di minimis finding is made. In addition, the Planning Commission finds that there is no evidence before the City that the proposed project will have any potential for an adverse effect on wildlife resources, or the habitat on which the wildlife depends. Finally, the Planning Commission finds that the City has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in 14 California Code of Regulations 753.5(d). R:\STAFFRPT\95PA94.PC2 1/9/96 klb 8 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. PA94-0095, for the operation and construction of a commercial shopping center located on the southwesterly comer of Highway 79 South and Redhawk Parkway and known as Assessor's Parcel No. 950-120-006, and subject to the following conditions: A. Exhibit A, attached hereto, and incorporated herein by this reference and made a part hereof. Section 5. PASSED, APPROVED AND ADOS/D this 6th day of March, 1995. /// V . FORD - ' CHP~IRMAN 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 6th day of March, 1995 by the following vote of the Commission: AYES: 4 NOES: 0 ABSENT: 0 ABSTAIN: 1 PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: BLAIR, FAHEY, SLAVEN AND WEBSTER GARY THORNHILL SECRETARY R:\STAFFRPTX95PA94.PC2 1/9/96 Idb 9