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HomeMy WebLinkAbout02_014 PC ResolutionPC RESOLUTION NO. 2002-014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 02- 0240, A DEVELOPMENT PLAN FOR A SUBSTANTIAL CONFORMANCE TO PLANNING APPLICATION NO. 99-0335, WHICH INCLUDES SUBSTITUTING THE APPROVED DOME SHAPE AWNING ALONG THE FRONT ELEVATION WITH PERMANENT AWNINGS AND A LARGER AWNING OVER THE FRONT ENTRY, GENERALLY LOCATED ON THE EAST SIDE OF OLD TOWN FRONT STREET APPROXIMATELY 1,500 FEET SOUTH OF THE SANTIAGO ROAD/FRONT STREET INTERSECTION AND KNOWN AS ASSESSOR'S PARCEL NO. 922-120-010. WHEREAS, Richard Qua/d, filed Planning Application No. 02-0240 (Development Plan Application), in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, the Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on June 5, 2002, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated Section 2. Findinqs. The Planning Commission, in approving the Application hereby makes the following findings as required by Section 17.05.01 OF of the Temecula Municipal Code: The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposal is consistent with the land use designation and policies reflected for (SC) Service Commercial development in the City of Temecula General Plan, as well as the development standards for (SC) Service Commercial development contained in the City's Development Code. The site is therefore properly planned and zoned and found to be physically suitable for the type and density of commercial development proposed. The project as conditioned is consistent with applicable requirements of State law and local ordinance, including the California Environmental Quality Act (CEQA), the Citywide Design Guidelines, and fire and building codes. R:XSUB CONFORMANCES2002\02-0240 Harley Davidson\Modified Resolution.doc The overafl design of the project, including the site, building, parking, circulation and other associated site improvements, is consistent with and intended to protect the health and safety of those working in and around the site. The project has been reviewed for, and as conditioned has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The design of the proposed improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. There are no fish, wildlife or habitat on the project site, and the project will not affect any fish, wildlife or habitat off-site. The site is surrounded by development and is an infill site. Furthermore, grading has already occurred at the site, which is a portion of a larger industrial park. The project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. Section 3. Environmental Compliance. Projects being recommended for denial do not require CEQA findings. If the Planning Commission is inclined to approve the application, it must find that the application is consistent with the previously adopted notice of exemption Section 15332 class 32 of the California Environmental Quality Act Guidelines. Section 4. PASSED, APPROVED AND ADOPT, ED by the City of Temecula Planning ATTEST: Debbie U'bnoske, Secretary [SEAL] ST~.TE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 02-014 was duly and regularly adopted by the Planning Commission of the City th of Temecula at a regular meeting thereof held on the 5 day of June, 2002, by the following vote of the Commission: AYES: 5 PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: NOES: 0 ABSENT: 0 ABSTAIN: 0 Guerriero, Mathewson, Olhasso, Telesio, and Chiniaeff None None None De~Dbi~ Obnoske, Secretary R:xSUB CONFORMANCEX2002\02-0240 Harley Davidson\Modified Resolution.dec 2 EXHIBIT A CONDITIONS OF APPROVAL R:\SUB CONFORMANCEX2002\02-0240 Harley Davidson',Modified Resolution.doc 3 EXHIBIT A CITY OFTEMECULA CONDITIONS OFAPPROVAL Planning Application No.: 02-0240 A Substantial Conformance For PA99- 0335 (Development Plan) Project Description: Planning Application to modify the dome- shaped awning along the front elevation of the building with permanent awnings DIF Category: Retail Commercial Assessor's Parcel No.: 922-120-010 Approval Date: June 5, 2002 Expiration Date: June 5, 2004 PLANNING DIVISION Within 1. Forty-Eight (48) Hours of the Approval of this Project The applicant shall deliver to the Community Development Department - Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Sixty- Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption required under Public Resoumes Code Section 21108(b) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant has not delivered to the Community Development Department - Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition [Fish and Game Code Section 711.4(c)]. General Requirements 2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend with Legal Counsel of the City's own selection, the City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, void, annul, seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. 3. The applicant shall comply with all Conditions of Approval for Planning Application No. 99- 0335 unless supersede by these Conditions. R:\SUB CONFORMANCES002\02-0240 Harley Davidson~Modified Resolution.doc 4 Prior to Certificate of Occupancy The applicant shall submit to the Planning Department modified elevations for the Planning Director's Approval. The awnings shall be modified to be permanent rectangular shaped black awnings, with a larger awning over the entry in lieu of a dome-shaped awning, and the canopies shall be broken with each set of windows along the front of the building. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Name printed Date R:\SUB CONFORMANCE~.002~02-0240 Harley Davidson~Vlodified Resolution.doc $