HomeMy WebLinkAbout98_008 PC ResolutionPC RESOLUTION NO. 98-008
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA98-0029 (DEVELOPMENT PLAN)
FOR THE DESIGN AND CONSTRUCTION OF A 6,222
SQUARE FOOT BUILDING ON 1.70 ACRES) AND
(CONDITIONAL USE PERMIT) TO PERMIT THE
OPERATION OF A FAST-FOOD RESTAURANT WITH A
DRIVE-THROUGH) LOCATED ON THE EAST SIDE OF
FRONT STREET, SOUTHEAST OF THE INTERSECTION
OF DEL RIO ROAD AND KNOWN AS ASSESSORTS
PARCEL NO. 921-060-034.
WI-IEREAS, Dale Hackbarth filed Planning Application No. PA98-0029, in accordance
with the City of TEMECULA General Plan and Development Code;
WHEREAS, Planning Application No. PA98-0029 was processed including, but not
limited to public notice, in the time and manner prescribed by State and local law;
WHEREAS, the Planning Commission considered Planning Application No. PA98-0029,
on April 1, 1998, 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 Commission hearing and after due consideration of
the testimony, the Commission approved Planning Application No. PA98-0029;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct and are hereby incorporated by
reference.
Section 2. Development Plan Findings. The Planning Commission, in approving
Planning Application No. PA98-0029 (Development Plan) hereby makes the following findings
as required by Section 17.05.010.F of the Temecula Municipal Code:
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.
B. The overall development of the land is designed for the protection of the public
health, safety and general welfare.
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Section 3. Conditional Use Permit Findings. That the Temecula Planning Commission,
in approving Planning Application No. PA98-0029 (Conditional Use Permit) hereby makes the
following findings as required by Section 17.04.010.E of the Temecula Municipal Code:
A. The proposed conditional use is consistent with the General Plan and the
Development Code.
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.
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 this Development Code and required by the Planning
Commission 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.
E. The decision to approve the application for a conditional use permit is based on
substantial evidence in view of the record as a whole before the Planning Commission at the time
of their decision.
Section 4. Environmental Conlpliance. An Initial Study prepared for this project indicates
that although the proposed project could have a significant impact on the environment, there will
not be a significant effect on the environment because of the mitigation measures incorporated in
the project design and the Conditions of Approval added to the project. The design of the
proposed improvements are not likely to cause substantial environmental damage or substantially
and unavoidably injure fish or wildlife or their habitat. There is no fish wildlife or habitat on the
project site, and the project will not affect any fish wildlife or habitat off-site. The project will
not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section
711.2 of the Fish and Game Code. Therefore, a Mitigated Negative Declaration with a
DeMinimus Finding shall be adopted.
Section 5. Conditions. That the City of Temecula Planning Commission hereby
conditionally approves Planning Application No. PA98-0029 (Development Plan) for the design
and construction of a 6,222 square foot building on 1.70 acres and (Conditional Use Permit) to
permit the operation of a fast-food restaurant with a drive-through and known as Assessor's Parcel
No. 921-060-034, and subject to the project specific conditions set forth on Exhibit A
(Development Plan), and Exhibit B (Conditional Use Permit), attached hereto, and incorporated
herein by this reference.
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PASSED, APPROVED AND ADOPTED this 1 st day~ April, 19~9.8.
'-~' Lfnda Fahey',-Chai~m~tn //
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning
Commission of the City of Temecula at its regular meeting thereof, held on the 1st day of April,
1998 by the following vote of the Commission:
AYES: 4 PLANNING COMMISSIONERS: FAHEY, GUERRIERO, MILLER,
SOLTYSIAK
NONE
SLAVEN
NOES: 0
ABSENT: 1
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
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