HomeMy WebLinkAbout97_014 PC Resolution ATTACHMENT NO. 1
PC RESOLUTION NO. 97-014
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA97-0118 (DEVELOPMENT PLAN -
MALL AND POWER CENTER SITE PLAN, MALL AND
POWER CENTER ELEVATIONS, MALL AND POWER
CENTER LANDSCAPE PLAN, MALL AND POWER
CENTER COLOR AND MATERIAL BOARDS, ROBINSONS-
MAY SITE/LANDSCAPE PLAN, ROBINSONS-MAY
ELEVATIONS, ROBINSONS-MAY COLOR AND MATERIAL
BOARD, SEARS SITE/LANDSCAPE PLAN, SEARS
ELEVATIONS, AND SEARS COLOR AND MATERIAL
BOARD) ON A PARCEL CONTAINING 133.5 ACRES
LOCATED SOUTH OF WINCHESTER ROAD, EAST OF
YNEZ ROAD, WEST OF MARGARITA ROAD, AND NORTH
OF THE FUTURE EXTENSION OF OVERLAND DRIVE AND
KNOWN AS ASSESSOR'S PARCEL NO. 910-130-047, 910-
130-052, 910-130-053, 910-130-054, 921-090-048, 921-090-051,
921-090-053, 921-090-056
WHEREAS, Forest City Development, Inc. filed Planning Application No. PA97-0118
(Development Plan) in accordance with the City of Temecula General Plan and Development
Code;
WHEREAS, Planning Application No. PA97-0118 (Development Plan) was processed
in the time and manner prescribed by State and local law;
WHEREAS, the Planning Commission considered Planning Application No. PA97-0118
(Development Plan) on June 2, 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, the Planning Commission continued Planning Application No. PA97-0118
(Development Plan) on June 2, 1997 to the June 16, 1997 Planning Commission hearing;
WHEREAS, the applicant requested Planning Application No. PA97-0118 (Development
Plan) be continued by the Planning Commission at their June 16, 1997 Planning Commission
hearing;
WHEREAS, the Planning Commission canceled their meeting on June 16, 1997;
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WHEREAS, the Planning Commission considered Planning Application No. PA97-0118
(Development Plan) on July 7, 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. PA97-0118 (Development Plan);
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.
PA97-0118 (Development Plan) makes the following findings; to wit:
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. The project is
consistent with all City Ordinances including: the City's General Plan, Specific Plan No. 263, and
Ordinance No. 96-24 (An ordinance of the City Council of the City of Temecula, California
approving a Development Agreement (Planning Application No. PA96-0333) between the City
of Temecula, Forest City Development California, Inc. And LGA-7, Inc.).
2. The overall development of the land is designed for the protection of the
public health, safety and welfare. The project as proposed complies with all City Ordinances and
meets the standards adopted by the City of Temecula designed for the protection of the public
health, safety and welfare.
Section 3. Environmental Compliance. The Planning Commission hereby further finds
and determines that the Project has been the subject of extensive prior environmental review and
that no additional environmental review is needed for the following reasons:
A. On July 13, 1993, following a duly noticed public hearing, the City Council of the
City of Temecula adopted Resolution No. 93-57 entitled "A Resolution of the City Council of the
City of Temecula certifying Environmental Impact Report No. 340 with addendum, adoption of
the Statements of Overriding Consideration and approval of the Mitigation Monitoring Program
on property located at the southeast comer of Ynez and Winchester Roads and known as
Assessor's Parcel No(s) 910-130-046, 047; 921-090-001, 002, 003, 004, 005, and 006,"
certifying the Environmental Impact Report for Specific Plan No. 263 and Zone Change 5589 for
the Property.
B. Additionally, on October 11, 1994, following a duly noticed public hearing, the
City Council of the City of Temecula adopted Resolution No. 94-100 entitled "A Resolution of
the City Council of the City of Temecula adopting the addendum to the FEIR No. 340; to adopt
an addendum to FEIR No. 340 including a new Mitigation Monitoring Program and determining
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no additional impacts as a result of changing the circulation mitigation measures located at the
southeast corner of the intersection of Ynez Road and Winchester Road." The Council found at
this time that the proposed specific plan and zone change did not change any of the impacts
identified in FEIR No. 340, none of the conditions described in Section 15162 of the CEQA
Guidelines calling for preparation of a subsequent EIR had occurred, only minor technical changes
or additions were necessary to make FEIR No. 340 adequate under CEQA, and the changes to the
EIR by the Addendum do not raise important new issues about the significant effects on the
environment.
C. The Staff of the Planning Department has prepared an Initial Environmental Study,
dated May 15, 1997 analyzing the proposed Development Plan and the prior environmental actions
on the Project, which Initial Study is incorporated herein by this reference.
D. The proposed Development Plan incorporates the provisions of the City's General
Plan, Specific Plan No. 263, the current zoning regulations for the Property, the Mitigation Plan
of Environmental Impact Report No. 340 and such other ordinances, rules, regulations and official
policies governing permitted uses, density, design, improvement, development fees, and
construction standards applicable to the Property. All of the components of the proposed
Development Plan which might affect the environment were discussed and analyzed in FEIR 340.
Therefore, no further environmental review is required for the Amendment unless required by 14
Cal. Admin. Code Sections 15161 or 15163.
E. Based on the evidence in the record before it, and after careful consideration of the
evidence, the Planning Commission hereby finds and determines that neither a Subsequent EIR
a Supplemental EIR, nor further environmental review is required for the Development Plan
pursuant to Public Resources Code Section 21166, 14 Cal. Admin. Code Sections 15162 or
15163, based on the following findings of the Planning Commission:
F. The elements of the Project as described in the Development Plan were
contemplated and fully and properly analyzed in the EIR certified and approved by the City
Council on July 13, 1993 and the Addendum thereto approved on October 11, 1994 for the
approval of Specific Plan 263 and Zone Change 5589.
G. There have been no subsequent changes to the Project since October 11, 1994
which would require major revisions of the previous FEIR and Addendum due to the involvement
of new significant environmental effects or a substantial increase in the severity of previously
identified significant effects.
H. Substantial changes have not occurred with respect to the circumstances under
which the Project is undertaken which will require major revisions of the previous FEIR and
Addendum due to the involvement of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects.
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I. There is no new information since the certification of the previous FEIR and
Addendum which would show or tend to show that the Project might have one or more significant
effects not discussed in the previous FEIR and Addendum.
J. There is no new information since the certification of the previous FEIR and
Addendum which would show or tend to show that significant effects previously examined might
be substantially more severe than shown in the FEIR and Addendum.
K. There is no new information since the certification of the FEIR and Addendum
which would show or tend to show that mitigation measures or alternative previously found not
to be feasible would in fact be feasible and would substantially reduce one or more significant
effects of the Project.
L. There is no new information since the certification of the FEIR and Addendum
which would show or tend to show that mitigation measures or alternatives which are considerably
different from those analyzed in the previous FEIR and Addendum would substantially reduce one
or more significant effects on the environment.
Section 4. Conditions. That the City of Temecula Planning Commission hereby approves
Planning Application No. PA97-0118 (Development Plan - Mall and Power Center Site Plan, Mall
and Power Center Elevations, Mall and Power Center Landscape Plan, Mall and Power Center
Color and Material Boards, Robinson-May Site/Landscape Plan, Robinsons-May Elevations and
Robinsons-May Color and Material Board) on a parcel containing 133 acres located south of
Winchester Road, east of Ynez Road, west of Margarita Road, and north of the future extension
of Overland Drive and known as Assessor's Parcel No. 910-130-047, 910-130-052, 910-130-053,
910-130-054, 921-090-048, 921-090-051, 921-090-053, 921-090-056 subject to Exhibit A,
attached hereto, and incorporated herein by this reference and made a part hereof.
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Section 5. PASSED, APPROVED AND ADOPTED this 7th day of July, 1997.
Linda Fahey, 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 7th day of July,
1997 by the following vote of the Commission:
AYES: 4 PLANNING COMMISSIONERS: Fahey, Guerrero, Miller, Soltysiak
NOES: 0 PLANNING COMMISSIONERS: None
ABSTAIN: 1 PLANNING COMMISSIONERS: Slaven
ABSENT: 1 PLANNING COMMISSIONERS: None
Debbie Ubnoske, Secretary
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