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Home My WebLink About15-08 PC ResolutionPC RESOLUTION NO. 15-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA14-2795, A CONDITIONAL USE PERMIT TO CONSTRUCT A 11,597 -SQUARE -FOOT TWO-STORY COMMERCIAL BUILDING IN A COMMUNITY COMMERCIAL ZONE TO BE USED FOR TIRE RETAIL AND REPAIR, LOCATED NEAR THE SOUTHEAST CORNER OF TEMECULA PARKWAY AND BUTTERFIELD STAGE ROAD, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 966-010- 013) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On November 24, 2014, Andrew Call filed Planning Applications No. PA14-2795 a Conditional Use Permit, in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was 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 the Application and environmental review on May 6, 2015, 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. D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application Nos. PA14-2795, subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Conditional Use Permit (Development Code Section 17.04.010. E) A. The proposed conditional use is consistent with the General Plan and the Development Code; As proposed, the Les Schwab commercial building will operate as an establishment with the primary purpose of tire sales and service. The proposed use is consistent with the City of Temecula General Plan which specifies that the Community Commercial (CC) designation includes automobile repair service shops and retail orientated business activities serving the entire community. 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 Les Schwab tire sales and service center are proposed in an existing center within the Community Commercial zone. 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. 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 application will allow for a tire sales and service center to be constructed at this location. 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 as 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; As conditioned, the project will meet all requirements of the Development Code and General Plan 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. The project has been reviewed for, and as conditioned, has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. 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 has been based on substantial evidence in view of the record as a whole before the Planning Commission. The project has been reviewed for, and as conditioned, has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15332, Class 32, In -Fill Development Projects); 1. The project meets all General Plan and Zoning policies and regulations and is located within City limits on a site of no more than five acres. The project site has no value as habitat for endangered, rare or threatened species. The site is also surrounded by development and is able to be serviced by all required utilities and public services. The project is not anticipated to result in any significant effects relating to traffic, noise, air quality, or water quality. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Applications PA14-2795, a Conditional Use Permit to construct an 11,597 -square -foot two story commercial building in a CC zone to be used for tire retail and repair, located near the southeast corner of Temecula Parkway and Butterfield Stage Road, and making a finding of exemption under the California Environmental Quality Act (CEQA) (APN 966-010-013), subject to the Conditions of Approval set forth on Exhibits A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 6th day of May, 2015. r � t Kight, hairman ATTEST: U&—� c�— rmando G. Villa, AICP Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Armando G. Villa, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 15-08 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 6th day of May, 2015, by the following vote: AYES: 3 PLANNING COMMISSIONERS: GUERRIERO, TELESIO, TURLEY- TREJO NOES: 0 PLANNING COMMISSIONERS: ABSENT: 2 PLANNING COMMISSIONERS: HARTER, KIGHT ABSTAIN: 0 PLANNING COMMISSIONERS: .�� Armando Villa, AICP Secretary EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA14-2795 Project Description: A Minor Conditional Use Permit to allow a tire retail and repair building generally located on the east side of Butterfield Stage Road, approximately 277 feet south of Temecula Parkway Assessor's Parcel No.: 966-010-013 MSHCP Category: Commercial DIF Category: Service Commercial TUMF Category: Service Commercial Quimby Category: N/A (Commercial Project) Approval Date: May 6, 2015 Expiration Date: May 6, 2017 PLANNING DIVISION General Requirements Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the Citys own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 2. Expiration. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit. 3. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. 4. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 5. Signage Permits. A separate building permit shall be required for all signage 6. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project 7. Statement of Operations. The applicant shall comply with their Statement of Operations on file with the Planning Division, unless superseded by these Conditions of Approval. 8. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 9. City Review and Modification of CUP. The City, its Director of Community Development, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Director of Community Development, Planning Commission and City Council is in addition to, and not in -lieu of, the right of the City, its Director of Community Development, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. 10. Tire Storage Screening. All tire storage and recycling shall be hidden from public view. (Condition added at May 6, 2015 Planning Commission Hearing) I's