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HomeMy WebLinkAbout95_013 PC Resolution ATTACHMENT NO. 1 PC RESOLUTION NO. 95-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 95-0021 (PLOT PLAN) TO CONSTRUCT A 114,019 SQUARE FOOT BUILDING ON THREE PARCELS CONTAINING 5.97 ACRES LOCATED ON VINCENT MORAGA DRIVE AND KNOWN AS ASSESSOR'S PARCEL NUMBERS 921-281-008,921-281-009, AND 921-281- 010 WHEREAS, Amscan, Inc. filed Planning Application No. 95-0021 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. 95-0021 was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. 95-0021 on May 15, 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. 95-0021; 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. Eindings. The Planning Commission, in approving Planning Application No. 95-0021 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 Business Park (BP). In addition, the project is permitted under the existing Manufacturing Service Commercial (M-SC) zoning. 2. 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. R:\STAFFRPT~21PA95.17C 1/9/96 klb 7 3. 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 18.30 (Plot Plan) of Ordinance No. 348. 4. The proposed project will not be detrimental to the health, safety or general welfare of the community. An Initial Study was prepared and circulated for this project. The Initial Study indicated that although the proposed project could have a significant impact on the environment, the significant effects would be mitigated to a level less than significant. This is accomplished through project design and mitigation measures contained in the Conditions of Approval. 5. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuration, access, and intensity of use, because the proposed planning application (Plot Plan), as conditioned, complies with the standards contained within the City's General Plan and Ordinance No. 348. 6. The project is compatible with surrounding land uses. The project is located in an area of existing and proposed light industrial/commercial development. 7. Approval of this Plot Plan will have a di minimis impact on fish and wildlife resources. 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. 8. The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic. Access to the project site is from a publicly maintained road (Vincent Moraga Drive). 9. 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. 10. Said findings are supported by maps, exhibits and environmental documents associated with these applications and herein incorporated by reference. A. As conditioned pursuant to Section 4, Planning Application No. 95-0021, as proposed, conforms to the logical development of its proposed site, and is compatible with the present and future development of the surrounding property. B. 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 Plot Plan 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 because that this project will be located in an area that has previously been disturbed and has not historically contained any sensitive habitat. The project includes the construction of a 104,558 square foot building to be used for a warehouse and distribution center and that all of the same are located in the County of Riverside. Furthermore, the Planning Commission finds R:\STAFFRPTX21PA95.PC 1/9/96 klb 8 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). 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. 95-0021 to construct a 104,558 square foot building located on Vincent Moraga Drive and known as Assessor's Parcel Numbers 921-281-008, 921-281-009 and 921-281-010 subject to the following conditions: A. Exhibit A, attached hereto, and incorporated herein by this reference and made a part hereof. R:\STAFFRPT\21PA95.PC 1/9/96 klb ~ Section 5. PASSED, APPROVED AND ADOPTED this 15th day of May, 1995. S~VEN J. FORD 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 15th day of May, 1995 by the following vote of the Commission: AYES: NOES: 0 ABSENT: 0 5 PLANNING COMMISSIONERS: BLAIR .FAHEY SLAVEN WEBSTER[FORD PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: GARY THORNI-IILL SECRETARY R:~TAFFRIq~21PA95.PC 2/15/96 klb ~ 0