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HomeMy WebLinkAbout95_024 PC ResolutionPC RESOLUTION NO. 95-024 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA95-0097 TO PERMIT THE CONSTRUCTION AND OPERATION OF AN APPROXIMATELY 19,200 SQUARE FOOT PRE-SCHOOL FACILITY LOCATED ON THE SOUTH SIDE OF SOLANA WAY, APPROXIMATELY 1,300 FEET EAST OF THE INTERSECTION OF MARGARITA ROAD AND SOLANA WAY AND KNOWN AS ASSESSOR'S PARCEL NO. 921-330- O5O WHEREAS, Malinda Smith filed Planning Application No. PA95-0097 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. PA95-0097 was processed in the time and manner prescribed by State and local law; VOIEREAS, the Planning Commission considered Planning Application No. PA95-0097 on November 6, 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. PA95-0097; 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. ~ That the Temecula Planning Commission hereby 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. It is likely that the project will be a permitted use within the General Plan Land Use designation of Medium Density Residential (M). In addition, the project is permitted under the existing R-2 (Multiple Family Dwellings) zoning provided a public use permit is granted. 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 R:\STAFFRPT\9?PA95.FC 8/20/96 klb compatible with the present m~d future logical development of the surrounding property. Adequate buffering from existing and proposed residences which are adjacent to the project site has been provided. The height and materials of the building are similar to those found in residential developments. 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 18.29 (Public Use Permit) of Ordinance No. 348. 4. The proposed project will not be detrimental to the health, safety or general welfare of the community. In addition, the proposed project will not have a significant impact on the environment. The Initial Study prepared for the project determined that although the proposed project could have a significant effect on the environment, these effects are not considered to be significant due to mitigation measures contained in the project design and in the Conditions of Approval added to the project. 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 (Public Use Permit), 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 height and materials of the proposed building are similar to those found in surrounding residential developments. 7. 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 a publicly maintained road (Solana Way). 8. 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. 9. Said findings are supported by maps, exhibits and environmental documents associated with these applications and herein incorporated by reference. C. As conditioned pursuant to Section 4, Planning Application No. 95-0097, as proposed, is compatible with the health, safety and welfare of the community. Section 3. l~nvironmental Complia. nce. 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. R:\STAFFRPT\97pA95.PC 8/20/96 klb Section 4. Conditions. That the City of Temecula Planning Commission hereby approves Planning Application No. 95-0097 for the construction and operation of an approximately 19,200 square foot pre-school facility located on the south side of Solana Way, approximately 1,300 feet east of the intersection of Margarita Road and Solana Way and known as Assessor's Parcel No. 921-330-050, and subject to the following conditions: part hereof. Section 5. PASSED, APPROVED AI~ Exhibit A, attached hereto, and incot n77ted herein by this reference and made a / )OPTED this 6th day of November, 1995. J. Ford, 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 6th day of November 1995 by the following vote of the Commission: AYES: 3 NOES: 1 ABSTAIN: 1 PLANNING COMMISSIONERS: Fahey, Miller, Ford PLANNING COMMISSIONERS: Webster PLANNING COMMISSIONERS: Slaven Debbie Ubnoske, Secretary R:\STAFFRPT~97PA95.PC 8/20/96 klb