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HomeMy WebLinkAbout94_035 PC Resolution ATTACHMENT NO. 7 PC RESOLUTION NO. 94-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA94-0071, SECOND EXTENSION OF TIME FOR PLOT PLAN NO 226 TO CONSTRUCT THREE COMMERCIAL BUILDINGS TOTALING 26,920 SQUARE FEET ON A PARCEL CONTAINING 3.45 ACRES LOCATED ON THE SOUTHWESTERLY CORNER OF MARGARITA ROAD AND PAUBA ROAD AND KNOWN AS ASSESSOR'S PARCEL NO.945-110-003 WHEREAS, Ted Zonos filed Planning Application No. Planning Application No. PA94- 0071 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. PA94-0071 was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Director considered Planning Application No. PA94-0071 on September 15, 1994, 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- 0071, upon hearing and considering all testimony and arguments, if any, of all persons deserving to be heard, the Planning Director continued the hearing to the Planning Commission meeting of November 7, 1994: WHEREAS, the Planning Commission considered Planning Application No. PA94-0071 on November 7, 1994, 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- 0071, upon hearing and considering all testimony and arguments, if any, of all persons deserving to be heard, the Planning Director continued the hearing to the Planning Commission meeting of December 5, 1994: WHEREAS, at the public hearing, upon hearing and considering ali testimony and arguments, if any, of all persons deserving to be heard, the Commission considered all facts relating to Planning Application No. PA94-0071; R:~STAFFRPT~71PA94.FC2 9/4/02 klb 1 1 NOW, TI~REFORE, ~ 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. The Planning Commission, in approving Planning Application No. PA94-0071 makes the following findings: A. Pursuant to Section 18.30(c), no plot plan may be approved unless the following findings can be made: 1. The proposed use must conform to all the General Plan requirements and with all applicable requirements of state law and City ordinances. · 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. B. The Planning Commission, in approving proposed Planning Application No. PA94-0071, makes the following specific findings, to wit: 1. The findings for the original approval for Plot Plan No. 226 and Planning Application No. PA93-0137, First Extension of Time are found to remain valid except as amended herein. 2. No subsequent changes are proposed in the project which would require revisions to the previously certified Negative Declaration due to the involvement of new significant environmental impacts not considered in the previous approval of this project. 3. Planning Application No. PA94-0071, Second Extension of Time for Plot Plan No. 226 is consistent with the City's General Plan Land Use Designation of Neighborhood' Commercial. The s'~e and scale of the development is intended to meet the needs of the surrounding neighborhood as required by the General Plan. 4. The project as designed and conditioned will not adversely affect the public health or general welfare of the community due to the fact that the p,oject meets the criteria prescribed under Ordinance No. 348, Sections 9.1 and 18.30. 5. The proposal will not have an adverse effect on surrounding property, because the use does not represent a significant change to the present or planned land use of the 6. The project is compatible with surrounding proposed land uses. The harmony in scale, bulk, height, intensity, and coverage creates a compatible physical relationship with adjoining properties. R:~TAFFRI~71PA94.PC2 12/8/94 ktb 12 7. 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. 8. The project has acceptable access to existing and proposed dedicated right- of-ways which are open to, and are useable by, vehicular traffic as evidenced on the underlying Tentative Parcel Map showing access to Pauba Road and Margarita Road. 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. PA94-0071, Second Extension of Time for Plot Plan No. 226 as proposed, conforms to the logical development of its proposed site, and is compatible with the present and future development of the surrounding property. 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 Use 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 is located in an urban area and is primarily infill in nature. The Planning Commission further finds that Ted Zonos is the project proponent and the site is located on the southwesterly corner of Margarita Road and Pauba Road in the City of Temecuia, California. The project includes the construction of three commercial buildings 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. 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. R:k~ITAFFRPT~71PA94.PC2 12/8/94 klb 13 Section 4. Conditions. That the City of Temecula Planning Commission hereby approves Planning Application No. PA94-0071 to construct three commercial buildings totalling 26,920 square feet located southwesterly corner of Margarita Road and Pauba Road and known as Assessor's Parcel No. 945-110-003 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 ADOP~D this 5th day of December, 1994. · j. 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 5th day of December, 1994 by the following vote of the Commission: AYES: 4 PLANNING COMMISSIONERS: FORD,FAHEY, SLAVEN, AND WEBSTER NOES: 0 ABSENT: 1 PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: BLAIR GARY THORNHILL SECRETARY R:~gTAFFRPT~71PA94.FC2 12/8194 Mb 14