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HomeMy WebLinkAbout98_022 PC ResolutionPC RESOLUTION NO. 98-022 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA98-0086 (DEVELOPMENT PLAN), THE DESIGN, CONSTRUCTION AND OPERATION OF A 16,756 SQUARE FOOT BUILDING ON 1.16 ACRES, LOCATED ON TttE SOUTH SIDE OF ENTERPRISE CIRCLE NORTH, BETWEEN DIAZ ROAD AND JEFFERSON AVENUE, AND KNOWN AS ASSESSOR'S PARCEL NO. 909- 281-010 WHEREAS, James Hundley filed Planning Application No. PA98-0086, in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA98-0086 was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. PA98-0086, on June 17, 1998, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an oppommity 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 approved Planning Application No. PA98-0086; 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 and are hereby incorporated by reference. Section 2. Findings. The Planning Commission, in approving a Minor Exception for Planning Application No. PA98-0086 makes the following findings; to wit: 1. Granting of the Minor Exception will not impact the public health, safety and general welfare of adjacent properties and the City of Temecula as a whole. 2. The reduction in the amount of landscaped area is less than the 15 % of that which is required by the Development Code. 3. There are practical difficulties or unnecessary hardships created by the strict application of the code due to the physical characteristics of the property. 4. The Minor Exception does not represent the granting of a special privilege which R:\STAFFRPT\86PA98.PC 8/19/98jd 7 is not otherwise available to surrounding properties and will not be detrimental to the public welfare or to the property of other persore located in the vicinity. 5. The granting of the Minor Exception to reduce the amount of required landscaping will not permit uses which are otherwise not allowed in the zone and adequate safeguards have been built into the approval of the project to protect surrounding properties. Section 3. Findings. The Planning Commission, in approving Planning Application No. PA98-O086(Development Plan), hereby makes the following findings as required by Section 17.05.010.F of the Temecula Municipal Code; 1. 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. 2. The overall development of the land is designed for the protection of the public health, safety and general welfare. 3. The design of the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. There is no fish wildlife or habitat on the project site, and the project will not affect any fish wildlife or habitat off-site. 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 4. 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. Section 5. Conditions. That the City of Temecula City Council hereby conditionally approves Planning Application No. PA98-0086 (Developmere Plan) for the design, construction and operation of a 16,756 square foot building on 1.16 acres, located on the south side of Enterprise Circle North, between Diaz Road and Jefferson Avenue, and known as Assessor's Parcel No. 909-281-010, subject to the project specific conditions set forth on Exhibit A, attached hereto, and incorporated herein by this reference. R:\STAFFRIPT\86PA98.PC 8/19/98jd lB PASSED, APPROVED AND ADOPTED this 17th day of June, 1998. 7 Marcia Slaven, rson 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 17th day of June, 1998 by the following vote of the Commission: AYES: 4 PLANNING COMMISSIONERS: NAGGAR, GUERRIERO, SLAVEN, WEBSTER NOES: 0 PLANNING COMMISSIONERS: NONE ABSENT: 0 PLANNING COMMISSIONERS: NONE ABSTAIN: 0 PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\STAFFRPT\86PA98.PC 8/19/98jd 9