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HomeMy WebLinkAbout95_014 PC Resolution ATTACHMENT NO. 1 PC RESOLUTION NO. 95-014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA95-0034 (PLOT PLAN) TO CONSTRUCT A 309,213 SQUARE FOOT BUILDING INCLUDING 209,339 SQUARE FEET OF WAREHOUSE, 69,752 SQUARE FEET OF ASSEMBLY/CLEANROOM AND 30,122 SQUARE FEET OF OFFICE. LOCATED ON NORTHWEST CORNER OF WINCHESTER ROAD AND DIAZ ROAD AND KNOWN AS ASSESSOR'S PARCEL NUMBERS 909-310-029 THRU 40. WHEREAS, MDC filed Planning Application No. PA95-0034 in accordance with the City of Temecula General Plan and Riverside County Land Use and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, Planning Application No. PA95-0034 was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Applicatiop No. PA95-0034 on June 5, 1995, 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 deserving to be heard, the Commission considered all facts relating to Planning Application No. PA95-0034; 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. PA95-0034 makes the following findings, to wit: 1. The proposed use conforms to all General Plan requirements and with all applicable requirements of state law and City ordinances. The project is consistent with the General Plan Land Use designation of Business Park (BP). In addition, the project is permitted under the existing Manufacturing Service Commercial (M-SC) zoning. 2. The overall development of the land is designed for the protection of the public health, safety and general welfare; conforms to the logical development of the land and is compatible with the present and future logical development of the surrounding property. R:\STAFFRPT~34P^95.PC 1/9/96 an 7 3. The proposed use or action complies with all other requirements of state law and local ordinances. The proposed use complies with California Governmental Code Section 65360, Section 18.30 (Plot Plan) of Ordinance No. 348. 4. The proposed project will not be detrimental to the health, safety or general welfare of the community. An Initial Study was prepared for this project which indicated that although the proposed project could have a significant impact on the environment, the significant effects can be mitigated to a level less than significant. This is accomplished through project design and mitigation measures contained in the Conditions of Approval and the Mitigation Monitoring Program. 5. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuration, access, and intensity of use, because the proposed planning application (Plot Plan), as conditioned, complies with the standards contained within the City's General Plan and Ordinance No. 348. 6. The project is compatible with surrounding land uses. The project is located in an area of existing and proposed light industrial and commercial office development. 7. Approval of this Plot Plan will have a di minimis impact on fish and wildlife resources. The project involves no potential adverse effect, either individually or cumulatively, on wildlife as the same is defined in Section 711.2 of the Fish and Game Code. 8. The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic. Access to the project site is from publicly maintained roads (Winchester Road, Diaz Road, and Avenida De Ventas). 9. The design of the project and the type of improvements are such that they are not in conflict with easements for access through or use of the property within the proposed project. 10. Said findings are supported by maps, exhibits and environmental documents associated with these applications and herein incorporat_ed by reference. A. As conditioned pursuant to Section 4, Planning Application No. PA95-0034, as proposed, conforms to the logical development of its proposed site, and is compatible with the present and future development of the surrounding property. B. The Planning Commission in adopting the Negative Declaration, pursuant to the provisions of the California Environmental Quality Act, specifically finds that the approval of this Plot Plan will have a di minimis impact on fish and wildlife resources. The Planning Commission specifically finds that in considering the record as a whole, the project involves no potential adverse effect, either individually or cumulatively, on wildlife as the same is defined in Section 711.2 of the Fish and Game Code. This is because that this project will be located in an area that has previously been disturbed and has not historically contained any sensitive habitat. The project includes the construction of a 309,213 square foot building to be used for office, warehousing and distribution, and assembly/clean room and that all of the same are located in the County of Riverside. Furthermore, the Planning Commission finds that an initial R:\STAFFRPT\34PA95.PC 1/9/96 gn ~ study has been prepared by the City Staff and considered by the Planning Commission which has been the basis to evaluate the potential for adverse impact on the environment and forms the basis for the Planning Commission's determination, including the information contained in the public heating records, on which a Negative Declaration of environmental impact was issued and this di minimis finding is made. In addition, the Planning Commission finds that there is no evidence before the City that the proposed project will have any potential for an adverse effect on wildlife resources, or the habitat on which the wildlife depends. Finally, the Planning Commission finds that the City has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in 14 California Code of Regulations 753.5(d). Section 3. 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 included in the Mitigation Monitoring Program will reduce these impacts to insignificant levels. Therefore, a Negative Declaration is hereby granted. Section 4. Conditions. That the City of Temecula Planning Commission hereby approves Planning Application No. PA95-0034 to construct a 309,213 square foot building located on northwest corner of Winchester Road and Diaz Road, and known as Assessor's Parcel Numbers 909-310-029 through 040 subject to the following conditions: A. Exhibit A, attached hereto, and incorporated herein by this reference and made a part hereof. R:\STAFFRPT~34PA95.PC 1/9/96 sn ~ Section 5. PASSED, APPROVED AND ADO~tD this 5th day of June, 1995. 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 5th day of June, 1995 by the following vote of the Commission: AYES: 5 NOES: 0 ABSENT: 0 PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: BLAIR, FAHEY, FORD, SLAVEN AND WEBSTER GARY~THORNHILL SECRETARY R:\STAFFRPTLg4PA95.PC 1/9/96 sn ] 0