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HomeMy WebLinkAbout18-06 PC Resolution PC RESOLUTION NO. 18-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA17-0317, A CONDITIONAL USE PERMIT FOR AN AUTOMOTIVE SERVICE STATION, A TYPE 20 ABC LICENSE FOR OFF-SALE BEER AND WINE, AND A SINGLE DWELLING UNIT FOR THE PROPRIETOR OF THE BUSINESS LOCATED ON THE SOUTHWEST CORNER OF TEMECULA PARKWAY AND PECHANGA PARKWAY AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On February 16, 2017, Gregory Hann filed Planning Application Nos. PA17- 0318 a Development Plan and PA17-0317 a Conditional Use Permit to allow for the construction of an approximately 5,796 square foot convenience store and automotive service station with a 700 square foot second floor dwelling unit for the proprietor of the business, and a Type 20 ABC license for off-sale beer and wine. On November 16, 2017, Gregory Hann filed Planning Application No. PA17-1632 a Finding of Public Convenience and Necessity. These applications (collectively "project"), were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The proposed project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. On December 6, 2017, the proposed project was considered by the Planning Commission at a duly noticed public hearing. At the conclusion of the hearing, the Planning Commission voted to direct staff to prepare a resolution of denial. The applicant subsequently revised the proposed project to address the Planning Commission's concerns. D. The Planning Commission, at a regular meeting, considered the proposed project and environmental review on March 21, 2018, 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. E. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA17-0317, subject to and based upon the findings set forth hereunder. F. 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; Automotive service stations selling beer and/or wine and a dwelling unit for the proprietor of the business, as conditioned, are an allowable use within the Professional Office zone. Therefore the use will be consistent with the General Plan for Temecula as well as the requirements for State law and other Ordinances of the City. 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 project has been designed with access points on Temecula Parkway and Pechanga Parkway while avoiding an access point on the local residential street within a single family residential neighborhood. The project has also provided a setback from the single family residential neighborhood of a minimum 39'-11" which greatly exceeds the required 20' setback required by the City of Temecula Design Guidelines. The project will have 45% landscape coverage which far exceeds the 25% coverage required under the City of Temecula Development Code. This landscaping includes screening trees which will, in addition to the fence, serve to further screen the residences from the convenience store located on the property. Therefore, 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 an automotive service station selling beer and/or wine and a dwelling unit for the proprietor of the business 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. In addition the project is setback 39'-11" from the property line of the adjacent single-family residential zone which is greater than the 20' setback required per the City of Temecula Design Guidelines for commercial development. Within this setback area is increased landscape which is part of the 45% landscape coverage on the project site which far exceeds the 25% coverage required under the City of Temecula Development Code. 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 4. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Development Plan: 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); 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 as the project, as conditioned, is an allowed use per the City of Temecula General Plan. Section 5. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA17-0317, a Conditional Use Permit for an automotive service station, a Type 20 ABC License for off-sale beer and wine, and a single dwelling unit for the proprietor of the business located on the southwest corner of Pechanga Parkway and Temecula Parkway, and makes a finding of exemption under the California Environmental Quality Act (CEQA), subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 21 st day of March, 2018. (� ) rwe Gary Youm ns, Chairperson ATTEST: Lu atson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 18-06 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 21st day of March, 2018, by the following vote: AYES: 2 PLANNING COMMISSIONERS: Telesio, Watts NOES: 1 PLANNING COMMISSIONERS: Turley-Trejo ABSENT: 2 PLANNING COMMISSIONERS: Guerriero, Youmans ABSTAIN: 0 PLANNING COMMISSIONERS: None Luke Watson Secretary EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA17-0317 Project Description: Conditional Use Permit for a automotive service station, a Type 20 ABC License for off-sale beer and wine, and a single dwelling unit for the proprietor of the business located on the southwest corner of Pechanga Parkway and Temecula Parkway. Assessor's Parcel No.: 961-440-016, 961-440-010 MSHCP Category: Commercial, Residential DIF Category: Service Commercial, Residential (Detached) TUMF Category: Service Commercial, Residential (Single Family) Quimby Category: Single Family Residential (Detached Garage) New Street In-lieu of Fee: N/A(project not located in Uptown Temecula Specific Plan area) Approval Date: March 21, 2018 Expiration Date: March 21, 2020 PLANNING DIVISION General Requirements 1. 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 and its attorneys 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 a conflict exists between the Statement of Operations and these Conditions of Approval, in which case the Conditions of Approval control. 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.