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HomeMy WebLinkAbout96_015 PC ResolutionPC RESOLUTION NO. 96-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING THE ELEVATIONS AND SITE PLAN TO CONSTRUCT 7,485 SQUARE FEET OF RETAIL AND A 1,800 SEAT SEVEN- PLEX THEATER, DELETING THE DESIGN GUIDELINE REQUIREMENT FROM CONDITION OF APPROVAL NO. 5 OF PLANNING APPLICATION NO. PA95-0114, DELETING CONDITIONS OF APPROVAL NO. 30, 32, 37, 42, 43, 45, 47 AND 48 OF PLANNING APPLICATION NO. PA95-0114, AND WITHDRAWING PHASE II OF THE DEVELOPMENT PLAN ON A PARCEL CONTAINING 21.87 ACRES LOCATED ON THE NORTHWEST CORNER OF YNEZ AND RANCHO CALIFORNIA ROADS AND KNOWN AS ASSESSOR'S PARCEL NO. 921-080-026 WHEREAS, Layton-Belling & Associates filed Planning Application No. PA95-0114 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. PA95-0114 was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. PA95-0114 on December 4, 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 desiring to be heard, the Commission considered all facts relating to Planning Application No. PA95-0114; WHEREAS, the Commission approved the footprint for Phase I of Planning Application No. PA95-0114 (theater/retail); WHEREAS, a condition of approval was placed on the project by the Planning Commission for building elevations for the theater/retail to be brought back before the Commission for their approval; and WHEREAS, the Planning Commission considered elevations and a site plan for the theater/retail on June 3, 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. R:\STAFFRPT\114PA95.PC2 8119196 mf 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. ~ The Planning Commission, in approving the elevations and site plan to construct 7,485 square feet of retail and a 1,800 seat seven-plex theater, deletes the Design Guideline requirement from Condition of Approval No. 5 from Planning Application No. PA95- 0114, deletes Conditions of Approval No. 30, 32, 37, 42, 43, 45, 47 and 48 of Planning Application No. PA95-0114, and accepts withdrawal of Phase II of the Development Plan 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 CC (Community Commercial). In addition, the project is permitted under the existing C-I/C-P (General Commercial) 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. 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, and the Development Code. 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 and adopted 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 Development Code. 6. The project is compatible with surrounding land uses. The project is located in an area of existing and proposed commercial development. 7. 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 (Ynez Road). R:\STAFFRPT~II4PA95.PC2 8/16/96 mf 8. 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. 9. Said findings are supported by maps, exhibits and environmental documents associated with these applications and herein incorporated by reference. 10. As conditioned pursuant to Section 4, the project as proposed, conforms to the logical development of its proposed site, and is compatible with the present and future development of the surrounding property. Section 3. Environmental Compliance. An Initial Study prepared for this project and a Mitigated Negative Declaration was adopted by the Planning Commission on December 4, 1995. 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. The project is consistent with the previously adopted Mitigated Negative Declaration; therefore, no additional environmental review is required. Section 4. Conditions. That the City of Temecula Planning Commission hereby approves the elevations and site plan to construct 7,485 square feet of retail and a 1,800 seat seven-plex theater, deletes the Design Guideline requirement from Condition of Approval No. 5 from Planning Application No. PA95-0114, deletes Conditions of Approval No. 30, 32, 37, 42, 43, 45, 47 and 48 of Planning Application No. PA95-0114, and accepts withdrawal of Phase II of the Development Plan, located on the northwest corner of Ynez and Rancho California Roads and known as Assessor's Parcel No. 921~080-026, subject to the following conditions: A. Exhibit A, attached hereto, and incorporated herein by this reference and made a part hereof. R:\STAFFRPT~II4PA95.PC2 8116196 mf Section 5. PASSED, APPROVED AND ADOPTED this 3rd day of June, 1996. ~ey,~(h~ 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 3rd day of June,' 1996 by the following vote of the Commission: AYES: NOES: 0 ABSENT: 0 5 PLANNING COMMISSIONERS: MILLER, WEBSTER, SLAVEN, FAHEY, SOLTYSIAK PLANNING COMMISSIONERS: NONE PLANNING COMMISSIONERS: NONE Debbie Ubnoske, Secretary R:\STAFFRPT\ 114PA95.PC2 8/16/96 mf