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HomeMy WebLinkAbout99-116 CC ResolutionRESOLUTION NO. 99-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE PLANNING APPLICATION NO. PA99-0266, (MINOR CONDITIONAL USE PERMIT) A REQUEST TO OPERATE AN INDOOR SKATEBOARD PARK WITHIN A 21,346 SQUARE FOOT PORTION OF A BUILDING WITHIN AN EXISTING BUSINESS PARK, LOCATED AT 43300 BUSINESS PARK DRIVE AND KNOWN AS ASSESSOR'S PARCEL NO. 921-020- 055 BASED UPON THE ANALYSIS AND FINDINGS CONTAINED IN THE STAFF REPORT SUBJECT TO THE CONDITIONS OF APPROVAL ON FILE IN THE OFFICE OF THE CITY CLERK WHEREAS, the Ollie House Inc., filed Planning Application No. PA99-0266 (Minor Conditional Use Permit) which is in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA99-0266 (Minor Conditional Use Permit) was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission approved Planning Application No. PA99-0266 (Minor Conditional Use Permit) on November 3, 1999 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 opposition to this matter; WHEREAS, at the conclusion of the Commission hearings and after due consideration of the testimony, the Commission approved Planning Application No. PA99-0266 (Minor Conditional Use Permit); WHEREAS, the City Council conducted a public hearing pertaining to Planning Application No. PA99-0266 on December 14, 1999, at which time interested persons had opportunity to, and did testify either in support or opposition to Planning Application No. PA99- 0266; WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding Planning Application No. PA99-0266; NOW, THEREFORE, THE CITY COUNCIL 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. Findings. That the City of Temecula City Council, in approving Planning Application No. PA99-0266 (Minor Conditional Use Permit), hereby makes the following findings as required in Chapter 17.04: R:resos 99-116 1 A. The proposed conditional use is consistent with the General Plan and the Development Code. The project has been reviewed for consistency with these documents and Staff has determined that the project as conditioned is consistent with the goals and policies contained within the General Plan and the development standards contained in the Development Code. B. The proposed conditional use as conditioned can be considered compatible with the nature, condition, and development of adjacent uses, buildings, and structures and the proposed use will not adversely affect the adjacent uses, buildings, or structures, because there a similar uses within the vicinity (a church and day care) and because the proposed hours of operations do not conflict with the hours of operations for the light industrial uses in the area. The use is proposed to be located in a portion of an existing at 43300 Business Park Drive. The proposed project is located within an area of existing industrial uses which also includes a church. C. The site for the proposed conditional use is adequate in size and shape to accommodate the project. Staff has reviewed the project and has determined that the project is consistent with the standards of the Development Code. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project as conditioned is consistent with the goals and policies contained within the General Plan and the development standards contained in the Development Code. These documents were adopted by the City Council to assure that projects are not detrimental to the health, safety and general welfare of the community. Compliance with these documents will assure this is achieved. Section 3. Environmental Compliance, The project qualifies under the California Environmental Quality Act (CEQA) for a Categorical Exemption under Section 15301 Existing Facilities, Class 1 (b), because it is a minor alteration of an existing facility, involving negligible expansion of use beyond that previously existing. Section 4. Conditions. That the City of Temecula City Council hereby conditionally approves Planning Application No. PA99-0266 (Minor Conditional Use Permit) to allow the operation an indoor skateboard park within a 21,346 square foot portion of a building within an existing business park. Section 5. The City Clerk shall certify the adoption of this Resolution. R:resos 99-116 2 Section 6. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 14th day of December, 1999. (~~,) %;ff~ne, Mayor ATTEST: · Jone rk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 99-116 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 14th day of December, 1999, by the following vote: AYES: 4 NOES: 1 ABSTAIN: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Comerchero, Naggar, Roberts, Stone Pmtt None usan W, MC/AAE lerk R:resos99-116 3