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HomeMy WebLinkAbout92-88 CC ResolutionRESOLUTION NO. 92-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING APPEAL NO. 27 AND UPHOLDING THE PLANNING COMMISSION'S DECISION TO DENY PUBLIC USE PERMIT NO. 5 TO ALLOW CONSTRUCTION OF A WORSHIP CENTER AND A SUNDAY SCHOOL LOCATED ON THE SOUTHEAST CORNER OF YNF. Z ROAD AND SANTIAGO ROAD. WHEREAS, in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference, the New Community Lutheran Church filed Public Use Permit No. 5, proposing construction of a Worship Center and a Sunday School located at the southeasterly comer of Ynez Road and Santiago Road; WHEREAS, the proposed project is the first phase of a multi-phase development. The first phase includes the Worship Center and Sunday School buildings and 86 parking spaces. The future phases may include a 500 seat sanctuary, a preschool with 100 students, a day school with Kindergarten through eighth grade plus related administration and storage space, a gymnasium and a total of 229 parking spaces including the 86 spaces in the first phase; WHEREAS, the proposed project is located in the Los Ranchitos neighborhood which is a unique, semi-rural area of the City, comprised of large lot residences, streets without sidewalks or street lighting, horse trails and equestrian facilities; WHEREAS, pursuant to Government Code Section 65360, a newly incorporated City shall adopt a General Plan within thirty (30) months following incorporation. During that 30- month period of time, the City is not subject to the requirement that a General Plan be adopted and that its decision be consistent with the General Plan if certain findings are made; WHEREAS, pursuant to Section 18.29 of Riverside County Ordinance No. 348, a public use permit must be denied unless the applicant demonstrates that the proposed use will not be detrimental to the health, safety or general welfare of the community; WHEREAS, the Planning Commission conducted a public hearing pertaining to said Public Use Permit on September 21, 1992, at which time interested persons had opportunity to testify with either in support or opposition to said Public Use Permit and; WItl~REAS, at the conclusion of the Commission hearing and after having considered all information presented, the Planning Commission denied said Public Use Permit; Reso 92-88 -1- WHEREAS, the New Community Lutheran Church fried Appeal No. 27; WI~EREAS, said Appeal application was processed in the time and manner prescribed by State and local law; WHEREAS, the City Council received a copy of the Staff Report regarding the Appeal; and WHEREAS, the City Council conducted a public hearing pertaining to said Appeal on November 10, 1992, at which time interested persons had opportunity to testify either in support or opposition to said Appeal; NOW, TItEREFORE, THE CITY COUNCIL OF THE CITY OF T]~MECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findln~,s. The Temecula City Council hereby denies Appeal No. 27 based upon the following findings: A. The appellant has failed to demonstrate the proposed project, including the future phases, will not be detrimental to the health, safety and general welfare of the community. B. The draft General Plan proposal being considered designates the subject property as Very Low Density Residential (2.2 - 2.4 dwelling units per acre). The traffic impacts and non- residential intensity of development of the project (i.e., bulk of the buildings, parking areas, lighting, noise, etc.) will likely be inconsistent with to the Growth Management/Public Facilities Element of the draft General Plan in respect to locating quasi-public uses to the maximum extent possible, in activity centers, where the facilities can reinforce other activities and benefit from the availability of other services. C. The proposed project, including the future phases, is not a proper use for the area because it will negatively impact traffic in the area as compared to the traffic impacts of developing the property are Very Low Density Residential. D. The intensity of development of the proposed project, including the future phases, is incompatible with the surrounding Los Ranchitos neighborhood. E. The proposed project, including the future phases, will result in negative traffic impacts due to the cumulative number of non-residential/public uses in the immediate area. Reso 92-88 -2- Section 2. g, nvironmental Conxpliance. The City of Temecula City Council hereby denies certification of the Negative Declaration. The City Council further finds that the Initial Study for the project failed to address the project broadly enough to analyze the impacts resulting from future expansion of the project. For example, the traffic analysis failed to address the cumulative impacts of the future phases of the project. Section 3. Resolution. The City Clerk shall certify to the passage and adoption of this PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 24th day of November, 1992. ATrEST: ~. Greek, City Cler~~ [SE~L] Re~o 92-88 -3- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA SS I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 92-88 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 24th day of November, 1992, by the following roll call vote: 2 COUNCILMEMBERS: Parks, Birdsall NOES: 1 COUNCILMEMBERS: Mufioz ABSENT: 1 COUNCILMEMBERS: Moore ABSTAIN: 1 COUNCILMEMBERS: Lindemans Greek, City Cl~k 92-88 -4-