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HomeMy WebLinkAbout97_039 PC ResolutionATTACHMENT NO. 1 PC RESOLUTION NO. 9%039 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA9%0305 TO CONSTRUCT AND OPERATE A 144,000 SQUARE FOOT, 14-.BUILDING, COMMERCIAL RETAIL CENTER IN THREE PHASES ON PARCELS CONTAINING 15.3 NET ACRES LOCATED NORTHEASTERLY OF THE INTERSECTION OF WINCHESTER ROAD (STATE HIGHWAY 79 NORTH) AND MARGARITA ROAD AND KNOWN AS ASSESSOR'S PARCEL NOS. 911-170-091, -094 AND -087 WHEREAS, Canyon-Cahan Temecula LLC filed Planning Application No. PA97-0305 in accordance with the City of Temecula General Plan and Development Code; WHFJIEAS, Planning Application No. PA97-0305 was processed in the time and manner prescribed by State and local law; WItEREAS, the Planning Commission considered Planning Application No. PA97~0305 on December 1, 1997, 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; WItEREAS, Planning Application No. PA97-0305 was continued to December 15, 1997, by a 4-0 vote with Commissioner Guerriero absent due to illness; WHEREAS, the Planning Commission considered Planning Application No. PA97-0305 on December 15, 1997, 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. PA97-0305; 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. Findings. The Planning Commission, in approving Planning Application No. PA97-0305 makes the following findings; to wit: R:\STAFFRFI~05PA97.PC2 4/9/98 klb 6 A. 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 project is consistent with all City ordinances including: the City's Development Code, Ordinance No. 655 (Mt. Palomar Lighting Ordinance), and the City's Water Efficient Landscaping provisions. B. The overall development of the land is designed for the protection of the public health, safety and general welfare. The project as proposed complies with all City Ordinances and meets the standards adopted by the City of Temecula for the protection of the public health, safety and welfare. C. The project will not result in an impact to endangered, threatened or rare species or their habitats, or to wildlife dispersal or migration corridors. The project site has been previously disturbed and graded, and streetscape installed on site. The site is surrounded by development and three roadways. There are no native species of plants or vegetation at the site, nor any indication that any wildlife species exist, or that the site serves as a migration corridor. A DeMinimus impact finding can be made for this project. Section 3. l~.rtvironmental Compliar~ce. 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. In addition, because the site has been previously disturbed, and no longer supports any fish or wildlife resources, that a DeMinimus impact finding is also being made. Section 4. Conditions. That the City of Temecula Planning Commission hereby approves Planning Application No. PA97-0305 to construct and operate a 144,000 square foot commercial retail center located northeasterly of the intersection of Winchester Road and Margarita Road and known as Assessor's Parcel Nos. 911-170-091, -094, -087 subject to Exhibit A, attached hereto, and incorporated herein by this reference and made a part hereof. R:\STAFFRPT\305PA97.PC2 4~9/98 klb 7 1997. Section 5. PASSED, APPROVED ~ , AND ADOPT~t~,is fifteenth day of December, -- Lifida Fahey, Chmrman / 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 fifteenth day of December, 1997 by the following vote of the Commission: AYES: 3 PLANNING COMMISSIONERS: GUERRIERO, MILLER, SOLTYSIAK NOES: 1 PLANNING COMMISSIONERS: SLAVEN ABSENT: 1 PLANNING COMMISSIONERS: FAHEY Debbie Ubnoske, Secretary R:\$TAFFRP'r~05PA97.PC2 4/9/95 kro 8