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HomeMy WebLinkAbout91_046 PC Resolution RESOLUTION NO. 91-46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING CONDITIONAL USE PERMIT NO. 10 TO PERMIT OPERATION OF A CAR RENTAL FACILITY LOCATED AT 27472 JEFFERSON AVENUE. WHEREAS, Budget Car and Truck Rental filed CUP No, 10 in accordance with the Riverside County Land Use. Zoning. Planning and Subdivision Ordinances. which the City has adopted by reference; WHEREAS. said CUP application was processed in the time and manner prescribed by State and local law; WHEREAS. the Planning Commission considered said CUP on May 20. 1991. at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS. at the conclusion of the Commission hearing, the Commission recommended approval of said CUP; NOW, THEREFORE. THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1, Findings. That theTemecula Plannlng Commission hereby makes the following findings: A, Pursuant to Government Code Section 65360. a newly incorporated city shall adopt a general plan within thirty |30) months following incorporation, During that 30-month period of time. the city is not subject to the requirement that a general plan be adopted or the reclulrements of state law that its decisions be consistent with the general plan. if all of the following requirements are met: il) The city is proceeding in a timely fashion with the preparation of the general plan, J 2) -The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time, A:CUP10 I b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan. as amended by the Southwest Area Community Plan. ~hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County. including the area now within the boundaries of the City. At this time. the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed CUP is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: |1) The city is proceeding in a timely fashion with a preparation of the general plan. |2) The Planning Commission finds, in approving projects and taking other actions, includin9 the issuance of building permits, pursuant to this title, each of the followin9: a) There is reasonable probability that CUP No. 10 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. (1) Pursuant to Section 18.26|e). no CUP may be approved unless the applicant demonstrates the proposed use will not be detrimental to the health safety and welfare of the community, and further, that any CUP approved shall be subject to such conditions as shall be necessary to protect the health, safety and general welfare of the community. A:CUP10 2 (2) The Planning commission, in approving the proposed CUP. makes the following findings, to wit: a) The site of the proposed use together with the on-site parking required and provided is suitable in size to accommodate the proposed intensity of development, b) The proposed use will not have a substantial adverse effect on abutting property of the permitted use there of, The proposed use is not on scale of intensity to impact adjacent uses. c) The site for the proposed use has adequate access to the fully improved Jefferson Avenue as evidenced in the site plan for CoU.P. 10 (Rev.) d) The proposed project will not inhibit or restrict future ability to use active or passive solar energy systems, Adequate building exposure is provided for these alternatives, e) As conditioned, the project will not have a significant adverse effect on the environment as the project is categorically exempt per the C.E,Q.A. Guidelines, f) There is a reasonable probability that the project will be consistent with the City's General Plan once it is adopted, based on analysis in the staff report and the proposal's conformance with existing applicable ordinances and Conditions of Project Approval, g) The lawful conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. The Conditions stated in the attached Staff analysis are based in mitigative measures necessary to reduce the severity of. or entirely eliminate potential adverse impacts of the project, including potential impacts on adjacent parking facilities, human health and safety, and fire protection services. A:CUP10 3 h) There is not a probability of detriment to, or interference with the future adopted General Plan Land Use if the proposed use is ultimately inconsistent with the new General Plan. The proposed use is of insignificant scale in the context of regional development. Further, if found to be ultimately detrimental, the use is subject to termination under City ordinance provisions contained in Section 18.31 of City Ordinance No. 348 i) These findings are supported by Staff analysis, minutes, maps and exhibits, associated with this application and herein incorporated by reference. E. As conditioned pursuant to SECTION 3, the CUP proposed is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. Conditional Use Permit No. 10 is a Class I Categorical Exemption per the CEQA Guidelines. SECTION 3. Conditions. That the city of Temecula Planning Commission hereby approves CUP No. 10 for the operation of a car rental facility located at 27q72 Jefferson Avenue subject to the following conditions: A. Attachment 2, attached hereto. SECTION 4. PASSED, APPROVED AND ADOPTED this 20th day of May, 1991. I HEREBY GERT IFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 20th day of May, 1991 by the following vote of the Commission: AYES: 5 PLANNING COMMISSIONERS NOES: 0 PLANNING COMMISSIONERS ABSENT: 0 PLANNING COMMISSIONERS A:CUP10 ~