HomeMy WebLinkAbout97_007 PC Resolution a . •
ATTACHMENT NO. 1
PC RESOLUTION NO. 97-007
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA UPHOLDING THE DECISION
OF THE COMMUNITY DEVELOPMENT DIRECTOR AND
APPROVING PLANNING APPLICATION NO. PA96-0345
SUBJECT TO CONDITIONS OF APPROVAL FOR THE
AUTOMOBILE SERVICE STATION, CONVENIENCE
MARKET, CAR WASH, AND FAST FOOD FACILITY AT
THE SOUTH WEST CORNER OF MARGARITA ROAD AND
YUKON DRIVE.
WHEREAS, Mr Nick Goyal filed Planning Application No. PA96-0345 (Development
Plan) in accordance with the City of Temecula General Plan and Development Code;
WHEREAS, Planning Application No. PA96-0345 (Development Plan) was processed
in the time and manner prescribed by State and local law;
WHEREAS, the Community Development Director considered Planning Application No.
PA96-0345 (Development Plan) on March 13, 1997 at a duly noticed public hearing as prescribed
by law, at which time interested persons had an opportunity to testify either in support or
opposition;
WHEREAS, the Community Development Director approved Planning Application No.
PA96-0345 (Development Plan) with revised Conditions of Approval on March 13, 1997;
WHEREAS, Planning Commissioner Marcia Slaven notified the Community Development
Department in writing on March 25, 1997 of her desire for Planning Application No. PA96-0345
(Development Plan) to be reviewed and considered by the Planning Commission;
WHEREAS, the Planning Commission considered Planning Application No. PA96-0345
(Development Plan) on April 7, 1997, at which time interested persons had an opportunity to
testify either in support of or opposition to the previously approved project;
WHEREAS, the Planning Commission, after reviewing the staff report, receiving the
applicant's presentation, and hearing all public testimony upheld the decision of the Community
Development Director and added additional conditions of approval on Planning Application No.
PA96-0345 (Development Plan) to protect the surrounding community; and
NOW, THEREFORE, THE PLANNING COMMISSION FOR THE CITY OF
TEMECULA DOES RESOLVE, DETERMINE. AND ORDER AS FOLLOWS:
RAH0OANDl945PA96.CCA 515/97 dwh
Section 1. The Planning Commission hereby makes the following findings:
A. That the proposed commercial land use is appropriately located within a
Community Commercial Zoning District that is part of the Palomar Village Shopping Center;
B. 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. The project is
consistent with all City Ordinances including: the City's Development Code, Ordinance No. 655
(Mt. Palomar Lighting Ordinance), and the City's Water Efficient Landscaping provisions;
C. The overall development of the land is designed for the protection of the
public health, safety, and general welfare. The project as proposed complies with all City
Ordinances and meets the standards adopted by the City of Temecula designed for the protection
of the public health, safety and welfare;
D. That the design and layout of the facility minimize its impact on the
surrounding area;
E. That to ensure the facility's compatibility with the surrounding area, the
following items need to be addressed in the project's design and the Conditions of Approval:
1. Limiting the hours of operation for the service station and the times
for fuel deliveries;
2. Preventing off-site light spillage from under the pump canopy;
3. Enhancing the screening and landscaping along the northern portion
of the site;
4. Requiring appropriate methods to prevent fuel spills and
contaminated urban runoff from reaching area storm drains and stream channels; and,
5. Reducing the potential noise impacts from the proposed self-service
car wash.
F. That an Initial Study was prepared for the project and it has been determined
that although the proposed project could have a significant effect on the environment, these effects
are not considered to be significant due to mitigation measures contained in the project design and
in the Conditions of Approval added to the project.
G. That the project will not result in an impact to endangered, threatened or
raze species or their habitats, including but not limited to plants, fish, insects, animals and birds.
The project site has been previously disturbed and graded, and street scape installed on site. There
RAH00AND\345PA96.CCA 4124/97 dwh
are no native species of plants, no unique, rare, threatened or endangered species of plants, no
native vegetation on or adjacent to the site. Further, there is no any indication that any wildlife
species exist, or that the site serves as a migration corridor.
Section 2. Environmental Compliance. 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 in this case because the mitigation measures described in the Conditions
of Approval have been added to the project, and a Negative Declaration, therefore, is hereby
granted. A De Minimus Impact finding can be made for this project.
Section 3. Approval The Planning Commission hereby upholds the decision of the
Community Development Director and conditionally approves Planning Application No. PA96-
0345 (Development Plan) subject to the further modified Conditions of Approval contained in
Attachment A.
Section 4. PASSED, APPROVED, AND ADO this 21st day of April, 1997.
LINDA FAHEY
CHAIRMAN
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 April,
1997 by the following vote of the Commission:
AYES: 4 PLANNING COMMISSIONERS: Fahey, Miller, Soltysiak, Webster
NOES: 1 PLANNING COMMISSIONERS: Slaven
ABSENT: 0 PLANNING COMMISSIONERS:
DEBBIE UBNOSKE
SECRETARY
R:H{OOAND1345PA96.CCA V24/97 dwh