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Home My WebLink About13-027 CC Resolution RESOLUTION NO. 13-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. PA13-0078, AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO APPROVE PLANNING APPLICATION NOS. PAl2-0207 AND PAl2-0208, A DEVELOPMENT PLAN TO ALLOW FOR THE CONSTRUCTION OF A 3,590 SQUARE FOOT MCDONALD'S, AND A CONDITtONAL USE PERMIT TO ALLOW FOR A DRIVE-THRU FOR THE PROPOSED . MCDONALD'S WITHIN AN EXISTING COMMERCIAL CENTER ZONED COMMUNITY COMMERICAL (CC) LOCATED AT 30580 RANCHO CALIFORNIA ROAD (APN 921-700-002) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. Dan F. Osran of KTGY Group, Inc., representing McDonald's, filed Planning Application Nos. PAl2-0207 and PAl2-0208, in a manner in accord with the City of Temecula General Plan and Development Code. B. Planning Application Nos. PAl2-0207 and PAl2-0208 were processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered Planning Application Nos. PAl2-0207 and PAl2-0208 on March 7, 2013 at a duly noticed public hearing as prescribed by law, at which time City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. Following the public hearing and after due consideration of the documents and testimony presented, the Planning Commission approved Planning Application Nos. PAl2-0207 and PAl2-0208 E. On April 4, 2013, Mr. Allan Gantes, representing the Burger King restaurant located at 30534 Rancho California Road, and Ms. Dana McClure, representing the Carl's Junior Restaurant at 30660 Rancho California Road filed Planning Application No. PA13-0078, an appeal of the Planning Commission's decision to approve Planning Application Nos. PAl2-0207 Development Plan and PAl2-0208 Conditional Use Permit. Resos 13-27 1 E. The City Council, at a regular meeting, considered Planning Application PA13-0078, an appeal of the Planning Commission's decision to approve Planning Application Nos. PAl2-0207 and PAl2-0208, on May 14, 2013 at a duly noticed public hearing as prescribed by law, at which time City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. The City Council duly considered due consideration of the documents and testimony presented at the public hearing. Section 2. Findinqs. Pursuant to the requirements of Section 17.05.010, the City Council hereby finds determines and declares that: Development Plan (Code Section 17.05.010.F) A. 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 proposed project will allow for a new 3, 590 square foot restaurant with a drive-thru facility. The restaurant and drive-thru are consistent with the uses allowed in the City of Temecula Development Code for Community Commercial (CC) zoning districts. Furthermore, the use is consistent with the City of Temecula General Plan and with all requirements of State law and other Ordinances of the City. B. The overall development of the land is designed for the protection of the public's health, safety, and general welfare; The overall design of the project, including site design, lot coverage, building height, setbacks, parking, circulation, and other associated site improvements, is consistent with, and intended to protect the health and safety of those working in and around the site. The project is consistent with all applicable policies, guidelines, and standards intended to ensure that the development will be constructed and function in a manner which protects the public's health, safety, and general welfare. Conditional Use Permit (Section 17.04.010.E) A. 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 use will allow the restaurant to construct and operate a drive-through facility. Per Section 17.08.030 (Use Regulations) of the Municipal Code, restaurant drive- thrus require the approval of a Minor Conditional Use Permit. As designed and conditioned the proposed use will comply with the applicable provisions of the Temecula General Plan, State law, and other Ordinances of the City. Resos 13-27 2 B. 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 proposed drive-thru has been designed to allow for approximately 12 vehicles to be queued within the drive-thru to minimize the congestion on-site by providing adequate queuing and circulation on-site. As designed and conditioned, the use will be compatible within the nature, condition and development of the adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. C. 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 or City Council in order to integrate the use with other uses in the neighborhood; The applicant is proposing to operate a drive-thru facility as an ancillary use for a restaurant. The subject property is 0.87 acres with a building lot coverage of 9.4%. The drive-thru is situated along the west, south, and east sides of the building and provides adequate setbacks and extensive landscaping to screen the drive-thru. The site will remain 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 or City Council in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The project meets all requirements of the Development Code, General Plan, Fire Code, and Building Code, which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. E. That the decision to conditionally approve or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal; The decision to conditionally approve the application for a Conditional Use Permit is based on substantial evidence in view of the record as a whole before the City Council. Section 3. In accordance with the California Environmental Quality Act, the City Council finds that the proposed project is categorically exempt from further environmental review pursuant to Section 15332 of the California Environmental Quality Resos 13-27 3 Act Guidelines, Class 32 In-Fill Development Projects in that all of the conditions described in Section 15332 exist for this Project: The proposed project is the replacement of an existing commercial structure to allow for the construction a new 3, 590 square foot restaurant associated with a drive-thru facility within City limits on a parcel totaling 0.87 acres. The project is consistent with the applicable General Plan designation and all applicable General Plan Policies as well as with all applicable zoning designations and regulations. The Project occurs within City limits on a project site of no more than five acres substantially surrounded by urban use. The project site has no value, as habitat, for endangered, rare or threatened species. Approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality. The site is primarily developed with service from all required utilities and public services. The proposed project meets the CEQA exemption criteria for in-fill development projects, therefore no further environmental review is necessary. Section 4. The City Council of the City of Temecula hereby denies Planning Application No. PA13-0078 which is the appeal of the Planning Commission's approval of Planning Application Nos. PAl2-0207 and PAl2-0208 (Development Plan with a Conditional Use Permit. The City Council hereby approves Planning Application Nos. PAl2-0207 and PAl2-0208 (Development Plan with a Conditional Use Permit), subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14 day of May, 2013. � . 1" � Michael S ggar, ayor ATTEST: , Susan . Jon s, MMC City erk [S EAL] � Resos 13-27 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 13-27 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14 day of May, 2013, by the following vote: AYES: 4 COUNCIL MEMBERS: Comerchero, Edwards, Washington, Naggar NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Roberts ABSTAIN: 0 COUNCIL MEMBERS: None �/ Susa . Jones, MMC City Clerk Resos13-27 5