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.
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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
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EXHIBIT A
CONDITIONS OF APPROVAL
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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.
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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
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