HomeMy WebLinkAbout96_039 PC ResolutionRESOLUTION NO. 96-39
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA96-0157, DEVELOPMENT PLAN TO
PERMIT THE CONSTRUCTION OF A 102,000 SQUARE
FOOT COMMERCIAL SHOPPING CENTER LOCATED ON
THE NORTHEASTERLY CORNER OF HIGHWAY 79
SOUTH AND MARGARITA ROAD AND KNOWN AS
ASSESSOR'S PARCEL NO. 950-020-037
~, Jim Cosmnzo of Pacific Development Group filed Planning Application No.
PA96-0157 in accordance with the City of Temecula General Plan and Riverside County Land Use
and Subdivision Ordinances, which the City has adopted by reference;
~, Planning Application No. PA96-0157 was processed in the time and manner
prescribed by State and local law;
WHEREAS, the Planning Commission considered Planning Application No. PA96-0157
on November 18, 1996 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. PA96-0157;
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. ~ That the Temecula Planning Commission hereby makes the
following f'mdings:
A. Pursuant to Section 18.28, no Development Plan 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 Development Plan 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. PA96-0157
makes the following fmdings, 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
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the General Plan Land Use designation of Community Commercial. In addition, the project is
permitted with the approval of a Development Plan.
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 contained within the previously
adopted Paloma del Sol Specific Plan.
3. The project is consistent with the General Plan due to the fact that the project
has been designed to be consistent with the Village Center Concept of the General Plan.
Development of this type will meet and further the overall goals of the General Plan.
4. 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.
5. 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 future potential development.
6. 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 Margarita Road and Highway 79 South.
7. The project as designed and conditioned will not adversely affect the built
or natural environment as determined in the initial study prepared for this project due to the fact
that the Conditions of Approval provide necessary mitigations for the project.
8. 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 (Development Plan) of Ordinance No. 348, Ordinance 460, and Ordinance
No. 94-22 (Water Efficient Landscape Ordinance).
9. 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. PA96-0157, 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 Development Plan will have a di minimis impact on fish
and wildlife resources. The Planning Commission specifically fmds 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
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the fact that this project will be located on a site that has been previously graded and no wildlife
exists on the site. The Planning Commission further finds that Pacific Development Group is the
project proponent and the site is located at on the northeasterly corner of Highway 79 South and
Margarita Road, Temecula, California. The project includes the construction of a commercial
shopping center consisting of approximately 102,000 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).
Section 3. F. nvironmental 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. PA96-0157, for the operation and construction of a commercial
shopping center located on the northeasterly corner of Highway 79 South and Margarita Road and
known as Assessor's Parcel No. 950-020-037, and subject to the following conditions:
A. Exhibit A, attached hereto, and incorporated herein by this reference and made a
part hereof.
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Section 5. PASSED, APPROVED AND ADOPTED this 18th day of November, 1996
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 18th day of
November, 1996 by the following vote of the Commission:
AYES: 5
PLANNING COMMISSIONERS: FAHEY, MILLER, SLAVEN,
SOLTYSIAK, WEBSTER
NOES:
0 PLANNING COMMISSIONERS: NONE
ABSENT: 0 PLANNING COMMISSIONERS: NONE
Debbie lJbnoske, Secretaxy
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