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HomeMy WebLinkAbout99_022 PC ResolutionPC RESOLUTION NO. 99-022 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. PA99-0012 A DEVELOPMENT PLAN FOR THE DESIGN, CONSTRUCT OF A 5,310 SQUARE FOOT COMMERCIAL BUILDING ON .7 OF AN ACRE AND A CONDITIONAL USE PERMIT THE OPERATION OF AN AUTOMOTIVE TIRE AND SERVICE STORE LOCATED ON THE NORTHWEST CORNER OF MARGARITA ROAD AND WINCHESTER ROAD, KNOWN AS ASSESSOR'S PARCELS NO. 911-170-091 AND 911-170-098 AND AS PARCEL 4 OF PARCEL MAP 28934 WHEREAS, Robert Cahan, Cahan Properties, Inc., filed Planning Application No. PA99- 0012, in accordance with the City of Temecula General Ptan and Development Code; WHEREAS, Planning Application No. PA99-0012 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. PA99-0012 on July 21, 1999, at a duly noticed public headng 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 headng and after due consideration of the testimony, the Commission denied Planning Applications No. PA99-0012; 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. Conditional Use Permit Findings. The Planning Commission, in denying Planning Application No. PA99-0012 hereby makes the following findings as required by Section 17.05.010.E of the Temecula Municipal Code: A. The proposed use sought by the application, a conditional use permit for a commercial automotive service business, is not consistent with the land use designation and policies reflected in the Community Commercial (CC) land use standards in the City of Temecula General Plan, the Development Code, and the Design Guidelines as further described below: 1. Area designated Community Commercial under the General Plan and Development Code "typically include some neighborhood commercial uses as well as larger retail uses including supermarkets, department stores, theaters, restaurants, professional and medical offices, and specialty retail stores." Under this land use designation automotive service and repair facilities require a Conditional Use Permit review to determine if the additional intensity and impacts would have an effect on the character of the site and the surrounding development. The development of the Winston Tires shop would directly impact on Winchester Meadows center where the intent is to foster pedestrian interaction. F:~DEPTS~PLANNING~Ianning files\12pa99 pc resolution.doc 1 This site is adjacent to areas designated in the General Plan for Village Center Overlay to promote the development of centers which "provide a sense of place and focal points for community activity." The development of this project, as proposed, would conflict with the intended nature of Village Center development guidelines and would conflict with neighboring properties. Automotive service and repair businesses do not seem to be the typical gathering place envisioned by the General Plan. The proposal is inconsistent with the General Plan's Community Design Plan, which states that, q'he urban form must address the special character of the activity areas of the City, including the role of the commercial center," and that the urban form "is functional, conveys a 'sense of place,' and is aesthetically pleasing and sensitive to the natural environmental character of the area." The proposed use has a more intensive use than is desired within the original concept of the Winchester Meadows Shopping Center. The Development Code's Use Regulations for Community Commercial (CC) only permits automotive service businesses as a conditionally permitted use. This proposal would impact the intended character for this center for community businesses and interaction. The Development Code designates two zones, Highway Tourist (HT) and Light Industrial (LI) as areas where this type of use is permitted. These zoning designation were intended to accommodate a variety of more intensive uses. The lot configuration as proposed placed the building pad on the comer of the lot with the building backing up to Margarita Road. With this layout the service bays of the proposed use would be visible from the public right-of-way (Winchester Road) which is in conflict with the City's Design Guidelines regarding Auto Repair and Services. This proposal is also inconsistent with the City's Design Guidelines which require that Auto Repair and Service facilities should be designed so that "The interior of the work bays should not be visible form a public street." B. The overall design of the project, is incompatible with the nature, condition, and development of adjacent uses, including the site, building, parking, circulation and other associated site improvements and would adversely affect the adjacent uses, buildings, or structures. The design and use of this site would conflict with the adjacent properties to the, which are required to develop under the Village Design standards of the General Plan. Therefore, the proposed use and the site design will not function in a manner consistent the adjacent uses. C. The site of this proposed conditional use is an out parcel of a commercial center for which a development plan has been denied. The development of this site is not adequate in size and shape to accommodate the proposed building in such a fashion that the service bays would not be visible from the public dght-of way without affecting the yard, parking and loading, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission in order to integrate the use with other uses in the neighborhood. D. The original development project on the site is designed for the protection of the public health, safety and welfare. However, the project as proposed would effect the welfare of the community by allowing a more intensive automotive service than is permitted by dght in the Community Commercial zoned areas. The proposed pad locations change the character of the site by placing the building pad site on the corner closest to Winchester and Margarita Roads takes away the original site plans concept that provide a more open and inviting view of the shopping canter. F:~EPTS~LANNING~Ianning flles\12pa99 pc resolution,doc 2 E. The decision to deny 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. This application has been brought before the Planning Commission at a Public Headng where members of the community have had an opportunity to be heard on this matter before the Commission renders their decision. Section 3. Environmental Compliance. In denying Planning Application No. PA99-0012 no environment action needs be taken. Section 4. Conditions. That the City of Temecula Planning Commission hereby denies Planning Application No. PA99-0012 a Development Plan Revision, and no conditions are necessary with the denial. PASSED, DENIED AND ADOPTED this 21st day of July, 1999. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 21st day of July, 1999 by the following vote of the Commission: AYES: 5 PLANNING COMMISSIONERS: FAHEY, GUERRIERO, MATHEWSON, NAGGAR, WEBSTER NOES: 0 PLANNING COMMISSIONERS: NONE ABSENT: 0 PLANNING COMMISSIONERS: NONE~) , Debbie Ubnoske, Secretary F:~DEPTS~PLANNING~planning files\12pa99 pc resolution.doc 3