HomeMy WebLinkAbout91_114 PC Resolution ATTACHMENT NO. 1
RESOLUTION NO. 91-114
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA APPROVING CONDITIONAL USE PERMIT NO. 14
TO PERMIT OPERATION OF A CARWASH, GASOLINE
STATION,AND MINI MARKET LOCATED NORTHWESTERLY OF
WINCHESTER ROAD,AND SOUTHEAST OF MARGARITA ROAD,
PARCEL NUMBER 6 OF PARCEL MAP 26852.
WHEREAS, Chevron U.S.A. filed Conditional Use Permit No. 14 in accordance
with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the
City has adopted by reference;
WHEREAS, said Conditional Use Permit application was processed in the time
and manner prescribed by State and local law;
WHEREAS, the Planning Commission considered said Conditional Use Permit
on December 16, 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 Conditional Use Permit;
NOW, THEREFORE, THEPLANNING COMMISSION OFTHEClTY OFTEMECULA
DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION I. Findings.
That the Temecula Planning Commission hereby makes the following findings:
1. 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 requirements of state law that its decisions be consistent with the general plan,
if all of the following requirements are met:
A. The city is proceeding in a timely fashion with the preparation of the general
plan.
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B. The planning agency finds, in approving projects and taking other actions,
including the issuance of building permits, each of the following:
(1) 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.
(2) 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.
(3) The proposed use or action complied with all other applicable
requirements of state law and local ordinances.
2. 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.
3. The proposed Conditional Use Permit is consistent with the SWAP and meets the
requirements set forth in Section 65360 of the Government Code, to wit:
A. The city is proceeding in a timely fashion with a preparation of the general plan.
B. The Planning Commission finds, in approving projects and taking other actions,
including the issuance of building permits, pursuant to this title, each of the
following:
(1) There is reasonable probability that Conditional Use Permit No. 14
proposed will be consistent with the general plan proposal being
considered or studied or which will be studied within a reasonable time.
(2) 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.
(3) The proposed use or action complies with all other applicable
requirements of state law and local ordinances.
4. Pursuant to Section 18.26(e), no Conditional Use Permit 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 Conditional Use Permit approved
shall be subject to such conditions as shall be necessary to protect the health, safety
and general welfare of the community.
S\STAFFRPT~14.CUP 8
5. The Planning commission, in approving the proposed Conditional Use Permit, makes
the following findings, to wit:
A. There is a reasonable probability that Conditional Use Permit No. 14 will be
consistent with the City's future General Plan, which will be completed in a
reasonable time and in accordance with State law due to the fact that the
proposed gasoline station, car wash, and mini-mart are consistent with the
existing zoning and the SWAP land use designation of Commercial.
B. There is not a likely probability of substantial detriment to or interference with
the future General Plan, if the proposed use is ultimately inconsistent with the
plan due to the fact that the proposed use is consistent with the existing
zoning, the SWAP land use designation of Commercial, and the existing
developments of the surrounding area.
C. The proposed use or action complies with State planning and zoning laws due
to the fact that the proposed use complies with Ordinance No. 348 and the
action complies with State Planning Laws.
D. The site is suitable to accommodate the proposed land use in terms of the size
and shape of the lot configuration, circulation patterns, access, and intensity
of use due to the fact that the proposed development complies with the
standards of Ordinance No. 348.
E. The project as designed and conditioned will not adversely affect the public
health or welfare due to the fact that the Conditions of Approval include
measures which will ensure that public health and welfare will be maintained.
F. The project is compatible with surrounding land uses. The harmony in scale,
bulk, height, intensity, and coverage creates a compatible physical relationship
with adjoining properties due to the fact that the proposed development is
consistent with current surrounding development and Ordinance No. 348.
G. The proposal will not have an adverse effect on surrounding property, because
it does not represent a significant change to the present or planned land use of
the area due to the fact that the surrounding properties are zoned Scenic
Highway Commercial (C-P-S) which are consistent with the project zoning and
proposed use.
H. The project has acceptable access to a dedicated right-of-way which is open
to, and useable by, vehicular traffic due to the fact that the interior circulation
is suitable and connects with Winchester Road.
I. The project as designed and conditioned will not adversely affect the built or
natural environment as determined in the initial study performed for this project
due to the fact that the Conditions of Approval provide for the necessary
mitigations for the project.
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J. The design of the project and the type of improvements are such that they are
not in conflict with easements for access through or use of the property within
the proposed project as represented on the site plan.
6. As conditioned pursuant to SECTION 3, the Conditional Use Permit proposed is
compatible with the health, safety and welfare of the community.
SECTION II. Environmental Compliance.
An Initial Study was performed for this project which determined that although the proposed
project could have a significant effect on the environment, no significant impact would result
to the natural or built environment in the City because impacts will be mitigated by adherence
to the attached Conditions of Approval which have been added to the project, and a Negative
Declaration, therefore, is hereby granted.
SECTION III. Conditions.
That the city of Temecula Planning Commission hereby approves Conditional Use Permit No.
14 for the operation of a carwash, gasoline station and mini market located northwesterly of
Winchester Road and southeast of Margarita Road, Parcel Number 6 of Parcel Map No.
26852.
1. Exhibit A, attached hereto.
SECTION IV.
PASSED, APPROVED AND ADOPTED this 16th day of December, 1991.
CHAI~AN/
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 16th day of
December, 1991 by the following vote of the Commission:
AYES: 3 PLANNING COMMISSIONERS
NOES: 0 PLANNING COMMISSIONERS
ABSENT: 2 PLANNING COMMISSIONERS
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