HomeMy WebLinkAbout97_041 PC ResolutionATTACH3gF~NT NO. 1
RESOLUTION NO. 97-041
A RESOLUTION OF ~ PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA97-0392 ~CONDITIONAL USE
PERMIT, TO PERMIT THE DESIGN, CONSTRUCTION
AND OPEIIATION OF A TOTAL OF 203,300 SQUARE FEET
OF RETAIL, RESTA~, ARCADES, T/IF~AT-ERS AND
SHOPS AND ASSOCIATED IMPROVEMENTS
0tARDSCAPE, PARKING AND LANDSCAPING) ON 16.5
ACRES LOCATED WEST OF OLD TOWN TEMECULA (100
FEET WEST OF PUJOL STREET), 700 FEET SOUTH OF
RIDGE PARK DRIVE/VINCENT MORAGA DRIVE AND
EAST OF Tm*~ CITY'S WESTERN BORDER, WITHIN THE
WESTS]DE SPECIFIC PLAN AND KNOWN AS ASSESSOR'S
PARCEL NO. 940-310-013, 940-310-044, 940-310-045, 940-310-
047, 940-3104)48, 940-320-001, 940-320-002, 940-320-003
~, 'rEv, Inc. Company filed Planning Application No. PA97-0392 (Conditional
Use Permit), 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 ApplicaOon No. PA97-0392 (Conditional Use Permit) was
processed in the time and manner prescribed by State and local law;
WHEREAS, the Planning Commission considered Planning Application No. PA97-0392
(Conditional Use Permit), 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;
~, at the conclusion of the Commission hearing, the Commission recommended
approval of Planning Application No. PA97-0392 (Conditional Use Permi0;
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 Project has been the subject of extensive prior environmental review and that
no additional environmental review is needed for the following reasons:
R:~rAPPRlq~92PA97.PC'I 2/18/98 lifo
A. On luly 13, 199'5, following a duly noticed public hearing, the City Council
of the City of Temecula adopted Resolution No. 9549 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TEMECULA CERTIFYING PLANNING APPLICATION NO.
95-0031 (FINAL ENVIRONMENTAL IMPACT REPORT) ADOPTING FINDINGS OF FACT
AND STATEMENTS OF OVERRIDING CONSIDERATION AND APPROVING THE
MITIGATION MONITORING PROGRAM ON PROPERTY GENERALLY LOCATED WEST
OF INTERSTATE 15, EAST OF THE CITY'S WESTERN BORDER, SOUTH OF RANCHO
CAI.IFORNIA ROAD AND NORTH OF THE SANTA MARGARITA RIVER," certifying the
Environmental Impact RepoR for the Westside Specific Plan and Planning Application No. PA95-
0003 (Westside Specific Plan) and changing the zone from R-A-20 (Residential Agricultural -
Twenty Acre Minimum Parcel Size) to S-P (Specific Plan) for the Property.
B. An amendment to the project was approved by the Planning Commission
on March 18, 1996 and by the City Council on March 26, 1996, at which time a finding was
made that no further environmental review was required for the project;
C. The Staff of the Planning Depamnent has prepared an Initial Environmental
Study (IF.S), dated September 17, 1997, analyzing the proposed Development Plan and the prior
environmental actions on the Project, which IES is incorporated herein by this reference.
D. An Initial Environmental Study 0ES) was conducted to determine if the
project was within the scope of the previously certified Environmental Impact Report (EIR) for
the Old Town Redevelopment Project (Planning Application No. PA95-0031). Based upon this
analysis, staff determined an Addendum to the previously certified EIR be prepared pursuant to
Section 15164 of the California Environmental Quality Act (CEQA) Guidelines. The Addendum
was prepared because changes and additions were necessary for the project, but none of the
conditions described in Section 15162 of the Guidelines calling for the preparation of a
subsequent EIR have occurred. Mitigation measures approved with the Old Town
Redevelopment Project (Planning Application No. PA95-0031) will apply to this project.
E. The proposed Project incoxporates the provisions of'the City's General Plan,
the Westside Specific Plan, the current zoning regulations for the Property, the Mitigation Plan
of Planning Application No. PA95-0031 (Final Environmental Impact Report) and such other
ordinances, rules, regulations and official policies governing permitted uses, density, design,
improvement, development fees, and censtmction standards applicable to the Property. All of the
components of the proposed Project which might affect the environment were discussed and
analyzed in Planning Application No. PA95-0031 (FEIR). Minor changes to the project have
been reviewed and examined in an Addendum to Planning Application No. PA95-0031 (FEIR).
F. Based on the evidence in the record before it, and after careful consideration
of the evidence and the Addendum, the Planning Commission on October 6, 1997 and the City
Council on November 18, 1997 made findings and determined that neither a Subsequent EIR or
a Supplemental EIR was required pursuant to Public Resources Code Section 21166, 14 Cal.
Admin. Code Sections 15162 or 15163.
R:~TAFlq~PT~92PA97.PCI 2/18/98 Idb 'l ~
G. The elements of the Project, as de~ribed in the Conditional Use Permit
were contemplated and fully and properly analyzed in the EIR certified and approved by the City
Council on July 13, 1995 and the Addendum adopted on November 18, 1997.
H. There have been no subsequent changes to the Project which would require
major revisions of the previous Fl=IR due to the involvement of new significant environmental
effects or a substantial increase in the severity of previously identified significant effects.
I. 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
due to the involvement of new significant environmental effects or a substantial increase in the
severity of previously identified significant effects.
J. There is no new information since the certification of the previous FEIR
which would show or tend to show that the Project might have one or more significant effects not
discussed in the previous FEIR.
K. There is no new information since the certification of the previous FEIR
which would show or tend to show that significant effects previously examined might be
substantially more severe than shown in the FEIR.
L. There is no new information since the certification of the FEIR 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.
M. There is no new information since the cetaification of the FEIR which would
show or tend to show that mitigation measures or alternatives which are considerably different
from those analyzed in the previous FEIR would substantially reduce one or more significant
effects on the environment.
Section 3. ~ That the Temecula Planning Commission hereby makes the
following fmdings for the Conditional Use Permit; to wiC
1. The proposed conditional use is consistent with the General Plan and the
Development Code. The project meets the Goals and Objectives of the General Plan, is consistent
with the Design Guidelines and Development Standards of the Westside Specific Plan and the
applicable sections of the City's Development Code.
2. The proposed conditional use is compatible with the nature, condition, and
development of adjacent uses, buildings, and structures and the proposed conditional use will not
adversely affect the adjacent uses, buildings, or structures. The project is consistent with the
Design Guidelines and Development Standards of the Wes[side Specific Plan and the applicable
sections of the City's Development Code. The uses on-site will be compatible with each other in
terms of intensity of use, scale and design. The uses proposed are consistent with the Westside
R:~TAFFRIq~392PA97.PCl 2/18/98 ~ ] 4
Specific Plan and are allowed with the approval of a Conditional Use Permit. There is adequate
buffering between those uses on-site and those uses which are adjacent (off-site).
3. The site for a proposed conditional use is adequate in size and shape to
accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping,
and other development features prescribed in the DeveloPment Code and required by the Planning
Commission in order to integrate the use with other uses in the neighborhood. The project is
consistent with the Design Guidelines and Development Standards of the Westside Specific Plan
and the applicable sections of the City's Development Code. The uses on-site will be compatible
with each other in terms of intensity of use, scale and design. The uses proposed are consistent
with the Westside Specific Plan and are allowed with the approval of a Conditional Use Permit.
There is adequate buffering between those uses on-site and those uses which are adjacent (off-site).
4. The nature of the proposed conditional use is not detrimen~ to the health, safety
and general welfare of the community. The project as designed and conditioned will not be
detrimental to the health, safety and general welfare of the community.
5. The decision to conditionally approve the application is based upon substantial
evidence in view of the record as a whole before the Planning Commission. The Commission has
received a copy of the Staff Report which includes the necessary analysis, findings and Conditions
of Approval. In addition, the Commission has previously reviewed and recommended approval
of an F~IR and Addendum to the EIR, both of which were certified/adopted by the City Council
and which addressed the impacts of this project on the environment and the necessary mitigation
measures.
Section 4. ~ That the City of Temecula Planning Commission hereby approves
PA97-0392 (Conditional Use Permit) for to permit the design, construction and operation of a
total of 203,300 square feet of retail, restaurant, arcades, theaters and shops and associated
improvements (hardscapo, parking and landscaping) on 16.5 acres located west of Old Town
Temecuia (100 feet west of Pujol Street), 700 feet south of Ridge Park Drive/Vincent Moraga
Drive and east of the City's western border, within the Westside Specific Plan and known as
Assessor's Parcel No. 940-310-013, 940-310-044, 940-310-045, 940-310-047, 940-310-048, 940-
320001, 940-320-002, 940-320003, and subject to Exhibit A, attached hereto, and incorporated
herein by this reference and made a part hereof.
R:WYAPFRPI~92PA97.1~CI 2/18/98 klb ~ 5
Section 5. PASSED, APPROVED AND ADOPTED this JStl~ day of December, 1997.
~ ~Linda Fahey, Chairman/
I H~ltEI~y 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 15th day of
December, 1997 by the following vote of the Commission:
AYES: 3
NOES: 0
ABSENT: 1
ABSTAIN: 1
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
GUERRIERO, MILLER, SLAVEN
NONE
FAHEY
SOLTYSIAK
Debbie Ubnoske, Seeretaxy
R:k?I'AFFRFr~3921mA97.PC 1 2/18198