HomeMy WebLinkAbout05_024 PC Resolution
PC RESOLUTION NO. 2005-24
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA DENYING PLANNING APPLICATION NO.
PA05-0060, A CONDITIONAL USE PERMIT APPLICATION TO
OPERATE A PRE-SCHOOL WITH A MAXIMUM CAPACITY OF
96 STUDENTS BETWEEN THE HOURS OF 6:30 AM TO 6:00
PM MONDAY THROUGH FRIDAY (NO REGULAR HOURS OF
OPERATION AT NIGHT OR ON WEEKENDS), AND
CONSTRUCT FOUR MODULAR BUILDINGS, INCLUDING AN
ADMINISTRATION BUILDING AND THREE CLASSROOM
BUILDINGS TOTALING 6,048 SQUARE FEET ON 2.39 ACRES
AT THE NORTHEAST CORNER OF CALLE GIRASOL AND
AUSSIE AVENUE.
WHEREAS, Mary Burnham filed Planning Application No. PA05-0060, in a manner in
accord with the City of Temecula General Plan, and Development Code;
WHEREAS, Planning Application No. PA05-0060 was processed including, but not
limited to a public notice, in the time and manner prescribed by State and local law;
WHEREAS, the Planning Commission, at a regular meeting, considered Planning
Application No. PA05-0060 on May 4, 2005, at a duly noticed public hearing as prescribed by
law, at which time the City staff and interested persons had an opportunity to and did testify
either in support or in opposition to this matter;
WHEREAS, at the conclusion of the Planning Commission Hearing and after due
consideration of the testimony, the Planning Commission denied Planning Application No.
PA05-0060 after finding that the project proposed in Planning Application No. PA05-0060 does
not conform to the City of Temecula General Plan and Development Code;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct and are hereby
incorporated by reference.
Section 2. FindinQs. The Planning Commission, in denying Planning Application No.
PA05-0060 (Conditional Use Permit) hereby makes the following findings as required by Section
17.04.010 of the Temecula Municipal Code:
A. The proposed conditional use is not consistent with the General Plan and the
Development Code;
While pre-schools are conditionally permitted in the Vel}' Low Residential (VL) zone, the
nature and intensity of the proposed use is not consistent with the General Plan intenf to
"provide for the development of single-family detached homes on large lots with a rural
ranchette character of development." (GP Land Use Element.)
The use of modular classrooms and administration offices is not consistent with the
architectural character of rural custom homes in the area.
G:\Planning\2005\PA05-0060 Cassatt Academy-CUP\PJanning\PC Denial Resos.doc
B. The proposed conditional use is not compatible with the nature, condition and
development of adjacent uses, buildings and structures and the proposed conditional use will
adversely affect the adjacent uses, buildings, or structures;
The proposed pre-school will introduce a commercial use in an area that is
predominately rural-density, single-family residences. Testimony from neighbors,
including a petition, was entered into record, indicating incapability of uses between the
proposed use and existing surrounding uses.
C&D. The site for a proposed conditional use is not adequate in size and shape to
accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping
and other development features prescribed in this Development Code and required by the
Planning Commission, or City Council in order to integrate the use with other uses in the
neighborhood. The nature of the proposed conditional use is detrimental to the health, safety
and general welfare of the community;
The site is bisected by a blue line stream that represents a potential safety risk to the
users of the proposed facility during periods of heavy rainfall.
Section 3. Environmental Compliance. This project was found to be exempt
pursuant to Section 15332, Class 32, In-Fill Development Projects, of the California
Environmental Quality Act (CEQA). However, the project is denied and a Notice of Exemption
is not necessary.
Section 4.
June 2005.
DENIED by the City of Temecula Planning Commission this 1 st day of
~~,;~'"
ATTEST:
~~-':k~~
Debbie Ubnoske, Secretary
/
'f"
[SEAL]
. .
,-
,'-:1
-........',......,,...; .
:V': '~,;f;
":;
1;r:.'~1 .
'.,",
G:\Planning\2005\PA05-0060 Cassatt Academy-CUP\Planning\PC Denial Resos.doc
.STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ss
CITY OF TEMECULA
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that PC Resolution No. 2005-24 was duly and regularly adopted by the Planning Commission of
the City of Temecula at a regular meeting thereof held on the 1 st day of June 2005, by the
following vote of the Commission:
AYES:
NOES:
4 PLANNING COMMISSIONERS: Guerriero, Mathewson, Olhasso, Telesio
o PLANNING COMMISSIONERS: None
ABSENT: 1 PLANNING COMMISSIONERS: Chiniaeff
ABSTAIN: 0 PLANNING COMMISSIONERS: None
v-~~. t('~~
Debbie Ubnoske, Secretary
G:\Planning\2005\PA05-0060 Cassatt Academy-CUP\Planning\PC Denial Resos.doc