HomeMy WebLinkAbout99_024 PC ResolutionPC RESOLUTION NO. 99-024
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION NO.
PA99-0077 A DEVELOPMENT PLAN FOR THE DESIGN,
CONSTRUCT OF A 3,888 SQUARE FOOT COMMERCIAL
BUILDING ON ONE ACRE AND A CONDITIONAL USE PERMIT
TO OPERATE A FAST FOOD RESTAURANT WITH DRIVE-THRU
SERVICES LOCATED ON THE SOUTH SIDE OF WINCHESTER
ROAD BETWEEN MARGARITA ROAD AND YNEZ ROAD,
KNOWN AS A PORTION OF ASSESSOR'S PARCELS NO. 910-
320-001 AND LOT A OF LOT LINE ADJUSTMENT PA99-0007.
WHEREAS, Brian Price, Breckenridge Group, filed Planning Application No. PA99-0077, in
accordance with the City of Temecula General Plan and Development Code;
WHEREAS, Planning Application No. PA99-0077 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. PA99-0077 on
August 4, 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 hearing and after due consideration of the
testimony, the Commission approved Planning Applications No. PA99-0077;
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. Findings. The Planning Commission, in approving Planning Application No.
PA99-0236 hereby makes the following findings as required by Section 17.05.010.F of the
Temecula Municipal Code:
A. The proposal, a 3,888 square food commercial building on a one acre site, is
consistent with the land use designation and policies reflected in the Community Commercial (CC)
land use standards in the City of Temecula General Plan, as well as the development standards for
Specific Plan (SP-7) development contained in the City's Development Code. The site is therefore
properly planned and zoned and found to be physically suitable for the type and density of
commercial development proposed. The project as conditioned is also consistent with other
applicable requirements of State law and local ordinance, including the California Environmental
Quality Act (CEQA), Temecula Regional Center Specific Plan (SP~7), the City Wide Design
Guidelines, Ordinance No. 655 (Mt. Palomar Lighting Ordinance), and the City's Water Efficient
Landscaping provisions, and fire and building codes.
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B. The overall design of the project, including the site, building, parking, circulation and
other associated site improvements, is consistent with and intended to protect the health and safety
of those working in and around the site. 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.
C. The design of the proposed improvements is not likely to cause substantial
environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. There
are no fish, wildlife or habitat on the project site, and the project will not affect any fish, wildlife or
habitat off-site. The site is surrounded by development and is an in-fill site. Furthermore, grading
has already occurred at the site, which is a portion of a larger industrial park. 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.
Section 3. Conditional Use Permit Findings. The Planning Commission, in approving
Planning Application No. PA99-0077 hereby makes the following findings as required by Section
17.05.010.E of the Temecula Municipal Code:
A. The proposal, a fast food restaurant with drive-thru services, is consistent with the
land use designation and policies reflected in the Community Commercial (CC) land use standards
in the City of Temecula General Plan, as well as the development standards for Specific Plan (SP-
7) development contained in the City's Development Code. The site is therefore properly planned
and zoned and found to be physically suitable for the type and density of commercial development
proposed. The project as conditioned is also consistent with other applicable requirements of State
law and local ordinance, including the California Environmental Quality Act (CEQA), Temecula
Regional Center Specific Plan (SP-7), the City Wide Design Guidelines,, Ordinance No. 655 (Mt.
Palomar Lighting Ordinance), and the City's Water Efficient Landscaping provisions, and fire and
building codes.
B. The overall design of the project, is compatible with the nature, condition, and
development of adjacent uses, including the site, building, parking, circulation and other associated
site improvements and will not adversely affect the adjacent uses, buildings, or structures. 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 the adjacent uses, buildings, or structures.
C. The site of this proposed conditional use is an in-fill site of an approved development
plan. The development of this site adequate in size and shape to accommodate the building while
meeting 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 nature of the proposed conditional use is not detrimental to the health, safety
and general welfare of the community. Base on the type of use as proposed and as conditioned,
will not be detrimental to the health, safety and general welfare of the community
E. The decision to approve the application for a conditiona! 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
Hearing where members of the community have had a opportunity to be heard on this matter
before the Commission renders their decision.
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Section 4. Environmental Compliance. A Notice of Exemption for Planning Application No.
PA99-0077 was made per the California Environmental Quality Act Guidelines Section 15332. This
Section allows exemptions for in-fill development projects that meet certain prescribed criteria. The
subject site complies with these criteria and therefore the exemption can be applied to this project.
Section 5. Conditions. That the City of Temecula Planning Commission hereby
conditionally approves Planning Application No. PA99-0077 for a Development Plan for the design,
construct and operation of a 3,888 square foot commercial building on one acre and a Conditional
Use Permit to operate a foot fast food restaurant with drive-thru, located on the south side of
Winchester Road between Margarita Road and Ynez Road, and known as Assessor's Parcel No.
910-320-001and Lot A of Lot Line Adjustment PA99-0007, and subject to the project specific
conditions set forth in Exhibit A (Development Plan), and Exhibit B (Conditional Use Permit),
attached hereto, and incorporated herein by this reference.
PASSED, APPROVED AND ADOPTED this 4th day of August, 1999.
Ron'(~uern'i~, Ch-airperson
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 4th day of August,
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
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