HomeMy WebLinkAbout10-019 PC Resolution PC RESOLUTION NO. 10-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL APPROVE AN ORDINANCE ENTITLED "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING AN AMENDMENT TO THE
RORIPAUGH ESTATES SPECIFIC PLAN TO ALLOW
AUTOMOBILE SERVICE STATIONS WITH OR WITHOUT A
CAR WASH IN PLANNING AREA 10 UTILIZING THE
DEVELOPMENT STANDARDS OF THE NEIGHBORHOOD
COMMERCIAL ZONING DISTRICT"
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On August 4, 2009, Mr. Gregory Hann filed Planning Application No.
PA09-0246, Specific Plan Amendment and on September 22, 2009 Planning
Application Nos. PA09-0287, Conditional Use Permit and PA09-0288, Development
Plan, in a manner in accord with the City of Temecula General Plan and Development
Code.
B. On November 3, 2010, the Planning Commission recommended approval
of Planning Application Nos. PA09-0246, Specific Plan Amendment; PA09-0287,
Conditional Use Permit; and PA09-0288 Development Plan
C. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
D. The Planning Commission, at a regular meeting, considered the
Application and environmental review on November 3, 2010, 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.
E. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission recommended approval of Planning Application Nos.
PA09-0246, Specific Plan Amendment; PA09-0287, Conditional Use Permit; and PA09-
0288 Development Plan, with a Mitigated Negative Declaration and Mitigation
Monitoring Program subject to and based upon the findings set forth thereunder.
F. . All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in recommending
approval of the Application hereby finds, determines and declares that: Specific Plan
Amendment Application No. PA09-0246 is in conformance with the General Plan for
Temecula and with all applicable requirements of State law and other Ordinances of the
City:
A. The proposed Specific Plan Amendment is consistent with the General
Plan and Development Code;
The Specific Plan Amendment identifies a car wash as requiring a Conditional
Use Permit and clarifies that the property will be subject to the Development
Standards identified for the NC-Neighborhood Commercial zoning district. Car
washes are a common ancillary use for a gas station and this proposal meets the
development standards for car washes under section 17.08.040.D of the
Development Code. The project has been reviewed and conditioned for approval
by Building and Safety, Fire, Police, Public Works, and Planning through the
Development Review Process (DRC) to ensure compliance with the General
� Plan, Development Code and all applicable requirements of State law and other
Ordinances of the City. �
B. The proposed Specific Plan Amendment would not be detrimental to. the
public interest, health, safety, convenience or welfare of the City;
The Specific Plan Amendment has been reviewed and conditioned by Building
and Safety, Fire, Police, Public Works and P/anning to ensure that the use will
not be detrimental to the health, safety, and general welfare of the community.
Furthermore, the project is consistent with fhe requirements of the General Plan
and Development Code, which contain provisions to protect the health, safety,
and general welfare of the community.
C. The subject property is physically suitable for the requested land use
designations and the anticipated land use developments;
• The Specific Plan Amendment would facilitafe development of an automated car
wash attached to an existing gas station. The site is adequate in size and shape
to accommodate the car wash. � Loading, parking, and vehicular circu/ation will
not be adversely affected by the project as determined by Building and Safety,
Fire, Police, Public Works, and Planning through the Development Review
Process (DRC). The project will adhere to all other development features
described in the Development Code.
D. The proposed Specific Plan Amendment shall ensure development of a
desirable character which will be compatible with existing and proposed development in
the surrounding neighborhood;
The Specific Plan Amendment would allow a car wash to be located within PA10
of the Roripaugh Estates Specific Plan, which is within a heavily traveled
commercial corridor that is fully developed. Surrounding uses include a high
school, commercial and residential development. An Initial Study has been
prepared and mitigation measures have been included to address noise impacts
from the car wash blowers on surrounding commercial and residential
development. With these and other mitigation measures identified, the project
will not adversely affect adjacent uses, buildings or structures. '
Section 3. Environmental Findings. The Planning Commission hereby makes
the following environmental findings and determinations in connection with the approval
of the Specific Plan Amendment Application, PA09-0246:
A. Pursuant to California Environmental Quality Act ("CEQA), City staff
prepared an Initial Study of the potential environmental effects of the approval of the
Specific Plan Amendment Application, as described in the Initial Study ("the Project").
Based upon the findings contained in that study, City staff determined that there was no
substantial evidence that the Project could have a significant effect on the environment
and a Mitigated Negative Declaration was prepared.
B. Thereafter, City staff provided public notice of the public comment period
and of the intent to adopt the Mitigated Negative Declaration as required by law. The
public comment period commenced on October 12, 2010, and expired on November 1,
2010. Copies of the documents have been available for public review and inspection at
the offices of the Department of Planning, located at City Hall 43200 Business Park
Drive, Temecula, California 92590.
C. No written comments were received prior to the public hearing and a
response to all the comments made therein was prepared, submitted to the Planning
Commission and incorporated into the administrative record of the proceedings.
D. The Planning Commission has reviewed the Mitigated Negative
Declaration and all comments received regarding the Mitigated Negative Declaration
prior to and at the N�vember 3, 2010 public hearing, and based on the whole record
before it finds that: (1) the Mitigated Negative Declaration was prepared in compliance
with CEQA; (2) there is no substantial evidence that the Project will have a significant
effect on the environment; and (3) the Mitigated Negative Declaration reflects the
independent judgment and analysis of the Planning Commission. �
E. Based on the findings set forth in the Resolution, the Planning
Commission hereby recommends adoption of the Mitigated Negative Declaration
prepared for this project. -
Section 4. Recommendation. The Planning Commission of the City of
Temecula hereby recommends approval of Planning Application No. PA09-0246,
Specific Plan Amendment.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 3rd day of November 2010.
���
Carl Car , Chairman
ATTEST:
Patrick Richardson, Secretary
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- •��TATE O"F CAL,'+t=ORNIA )
' �.COUiVTY�OF� ,�iVERSIDE )ss
�' CITY �OF TEMECULA )
I, Patrick Richardson, Secretary of the Temecula Planning Commission, do
hereby certify that the forgoing PC Resolution No. 10-19 was duly and regularly
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the 3rd day of November 2010, by the following vote:
AYES: 5 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Kight,
Telesio
NOES: 0 PLANNING COMMISSIONERS None
ABSENT: 0 PLANNING COMMISSIONERS None
ABSTAIN: 0 PLANNING COMMISSIONERS None
Patrick Richardson, Secretary
EXHIBIT A
PROPOSED TEXT FOR SPECIFIC PLAN AMENDMENT
j. Plannina Area 10. (Neighborhood Commercial)
(i) The uses permitted in Pianning Are 10 of Specific Plan No.164 shail be the same as those
uses permitted in Section 17.08.030 of the City of Temecula Development Code. In addition,
automobile service stations with or without an automated car wash may be allowed subject
to a conditional use permit (C.U.P.).
(2) The development standards for Planning Are 10 of Specific Plan No.164 shall be the same as
those standards indentlfied in Section 17.080.040 of the City of Temecula Development
Code.
A. The front yard shall be not less than twenty-five feet (25') and the rear yard shall be
not less than twenty feet (20'). The front yard setback shall be measured from the
specific plan street line. The rear setback shall be measured from the existing rear
lot line or from any recorded alley or easement; if the rear Une adjoins a street, the
rear setback requirement shall be the same as required for a front setback.
B. There are no side yard requirements, except where the side yard abuts a
residentially zoned area, in which case buildings shall be set back twenty-five feet
(25') from the side lot line. Each side setback shall be measured from side lot line, or
from the speci�c plan street line.
In addition, the following standards shall also apply:
AA. No lot shall have more than fifty percent (509�0) of its net area covered
by buildings or structu�es.
BB. The minimum frontage of a lot shall be twenty-five feet (25')
CC. The minimum average width of that portion of a lot to be used as a building
site shall be twenty-five feet (25') with a minimum average depth of one
hundred feet (100')
(3) Except as provided above, all other zoning requirements shall be the same as those
requirements indentified in Article IX of Ordinance No. 348.
�
EXHIBIT B �
DRAFT CC ORDINANCE
i �
ORDINANCE NO. 10-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING AN AMENDMENT TO THE
RORIPAUGH ESTATES SPECIFIC PLAN TO ALLOW
AUTOMOBILE SERVICE STATIONS WITH OR WITHOUT A
CAR WASH IN PLANNING AREA 10 UTILIZING THE
DEVELOPMENT STANDARDS OF THE NEIGHBORHOOD
COMMERCIAL ZONING DISTRICT
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS
FOLLOWS:
Section 1. Procedural Findings. The City Council of the City of Temecula
does hereby find, determine and declare that:
A. On November 3, 2010, the Planning Commission recommended approval
of Planning Application Nos. PA09-0246, Specific Plan Amendment; PA09-0287,
Conditional Use Permit; and PA09-0288 Development Plan
B. The proposed amendment to the Roripaugh Estates Specific Plan will
amend the permitted uses and development standards for Planning Area 10 to the
standards of the Neighborhood Commercial zoning district with the addition to allow
automobile service stations with or without and automated car wash. In addition, the
Specific Plan Amendment application is accompanied by a Conditional Use Permit and
Development Plan application.
C. The Project was processed including, but not limited to a public notice, in
the time and manner prescribed by State and local law, including the California
Environmental Quality Act.
D. A Mitigated Negative Declaration was prepared for the Project in
accordance with the California Environmental Quality Act and the California
Environmental Quality Act Guidelines ("CEQA") and circulated for public review from
October 12, 2010 through November 1, 2010 for a 20-day public review. Copies of the
documents have been available for public review and inspection at the offices of the
Department of Planning, located at City Hall 43200 Business Park Drive, Temecula,
California 92590.
E. On November 3, 2010, at a duly noticed public hearing as prescribed by
law, the Planning Commission considered the Project and any comments received prior
to or at the public hearing on November 3, 2010, at which time the City staff presented
its report, and interested persons had an opportunity to and did testify either in support
or in opposition to the Project and the Mitigated Negative Declaration.
F. Following consideration of the entire record before it at the public hearing
and due consideration of the proposed Project the Planning Commission recommended
that the City Council adopt the Mitigated Negative Declaration and adopt a Mitigation
Monitoring and Reporting Program for the Project.
G. At the conclusion of the Planning Commission hearing and after due
consideration of the entire record before the Planning .Commission hearing, and after ,
due consideration of the testimony regarding the proposed Project, the Planning
Commission recommended that the City Council approve the Project including Planning
Application No's. PA09-0246, Specific Plan Amendment; PA09-0287, Conditional Use
Permit; and PA09-0288 Development Plan.
H. On , the City Council of the City of Temecula considered the
Project and the Mitigated Negative Declaration, at a duly noticed public hearing at which
time all interested persons had an opportunity to and did testify either in support or in
opposition to this matter. The Council considered all the testimony and any comments
received regarding the Project and the Mitigated Negative Declaration prior to and at the
public hearing.
I. Following the public hearing, the Council adopted Resolution No. 10-
adopting the Mitigated Negative Declaration and adopted a Mitigation Monitoring
and Reporting Program.
J. All legal preconditions to the adoption of this Ordinance have occurred.
Section 2. Legislative Findings. The City Council in approving the Project
hereby finds, determines and declares that:
A. The proposed Specific Plan Amendment is consistent with the General
Plan and Development Code [Subsection 17.16.20 (Procedures) of Chapter 17.16
(Specific Plan Zoning District) of Title 17 of the Temecula Municipal Code].
B. The proposed Specific Plan Amendment is consistent with the General
. Plan and Development Code;
The Specific Plan Amendment identifies a car wash as requiring a Conditional
Use Permit and clarifies that the property will be subject to the Development
Standards identified for the NC-Neighborhood Commercial zoning district. Car
washes are a common ancillary use for a gas station and this proposal meets the
development standards for car washes under section 17.08.040.D of the
Development Code. The project has been reviewed and conditioned for approval
by Building and Safety, Fire, Police, Public Works, and Planning through the
Development Review Process (DRC) to ensure compliance with the General
Plan, Development Code and all applicable requirements of State /aw and other
Ordinances of the City.
C. The proposed Specific Plan Amendment would not be detrimenta/ to the
public interest, health, safety, convenience or welfare of the City;
The Specific P/an Amendment has been reviewed and conditioned by Building
and Safety, Fire, Police, Public Works and Planning to ensure that the use will
not be detrimental to the health, safety, and general welfare of the community.
Furthermore, the project is consistent with the requirements of the General Plan
and Development Code, which contain provisions to protect the hea/th, safety,
and general welfare of the community.
D. The subject property is physically suitable for the requested land use
designations and the anticipated land use developments;
The Specific Plan Amendment would facilitate developinent of an automated car
wash attached to an existing gas station. The site is adequate in size and shape
fo accommodate the car wash. Loading, parking, and vehicu/ar circulation will .
not be adversely affected by the projecf as determined by Building and Safety,
Fire, Police, Public Works, and Planning through the Development Review
Process (DRC). The project will adhere to all other development features
described in the Development Code.
E. The proposed Specific Plan Amendment shall ensure development of a
desirable character which will be compatible with existing and proposed development in
the surrounding neighborhood;
The Specific Plan Amendment would a/low a car wash to be located within
Planning Area 10 of the Roripaugh Estates Specific Plan, which is within a
heavily traveled commercial corridor fhat is fully developed. Surrounding uses
include a high school, commercial and residential development. An Initial Study
has been prepared and mitigation measures have been included to address
noise impacts from the car wash blowers on surrounding commercial and
residential development. With these and other mitigation measures identified,
the project will not adversely affect adjacent uses, buildings or structures.
Section 3. The City Council hereby amends the existing Roripaugh Estates
Specific Plan on file with the City.of Temecula City Clerk's office.
Section 4. Severability. If any portion, provision, section, paragraph,
sentence, or word of this Ordinance is rendered or declared to be invalid by any final
court action in a court of competent jurisdiction, or by reason of any preemptive
legislation, the remaining portions, provisions, sections, paragraphs, sentences, and
words of this Ordinance shall remain in full force and effect and shall be interpreted by
the court so as to give effect to such remaining portions of the Ordinance.
Section 5. Effective Date. This Ordinance shall take effect thirty (30) days
after its adoption.
Section 6. Notice of Adoption. The City Clerk shall certify to the adoption of
this Ordinance and cause it to be published in the manner required by law.
PASSED, APPROVED, AND ADOPTED by the City Councii of the City of
Temecula this day of , 2010.
Jeff Comerchero, Mayor
ATTEST: -
Susan W. Jones, MMC
City Clerk.
[SEAL]
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 Ordinance No. 10- was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the day of , ,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the day of , , the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
�
' Susan W. Jones, MMC
City Clerk