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HomeMy WebLinkAbout91_110 PC Resolution RESOLUTION NO. 91-110 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PUBLIC USE PERMIT NO. 4 ALLOWING OPERATION OF THE WISCONSIN EVANGELICAL LUTHERAN SYNOD DBA CHRISTTHE VINE LUTHERAN CHURCH WITHIN EXISTING SUITES "N", HIGHLANDS II BUSINESS CENTER, 40880 COUNTY CENTER DRIVE; AND KNOWN AS ASSESSOR'S PARCEL NO. 910-110-045 WHEREAS, the Wisconsin Evangelical Lutheran Synod Church, dba Christ the Vine Lutheran Church filed Public Use Permit No. 4 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Public Use Permit application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission conducted a public hearing pertaining to said Public Use Permit on November 18, 1991, at which time interested persons had opportunity to testify either in support or opposition to said Public Use Permit and WHEREAS, the Planning Commission received a copy of the Staff Report regarding the Public Use Permit; NOW, THEREFORE, THE PLANNING COMMISSION OFTHE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. 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 ali of the following requirements are met: A. The city is proceeding in a timely fashion with the preparation of the general plan. B. The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: STAFFRPT\4,PUP 7 (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 Public 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 of 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 Public Use Permit No. 4 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, C. Pursuant to Section 18,30(c), no public use permit may be approved unless the following findings can be made: (1) The proposed use must conform to all the General Plan requirements and with all applicable requirements of state law and City ordinances. STAFFRP'T~4.PUP 8 (2) The overall development of the land is designed for the protection of the public health, safety and general welfare; conforms to the logical development of the land and is compatible with the present and~future logical development of the surrounding property. 4. The Planning Commission, in approving of the proposed Public Use Permit makes the following findings, to wit: A. There is a reasonable probability that Public Use Permit No. 4 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law. The project, contingent upon approval of the requested Public Use Permit, conforms with existing applicable city zoning and development ordinances. B. There is not a likely probability of substantial detriment to, or interference with the City's future General Plan, if the proposed use is ultimately inconsistent with the Plan. The project is of insignificant scale in the context of the broad goals and directives anticipated in the City's General Plan. The proposal is also compatible with existing development in its vicinity, minimizing potentials for future general plan inconsistencies. 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. C. The proposed use or action complies with State planning and zoning laws. Reference local Ordinances No. 348,460; and California Governmental Code Sections 65000-66009 (Planning and Zoning Law). 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. Adequate site circulation, parking, and landscaping currently exist on the subject site. (Reference Exhibit "D".) E. The project as designed and conditioned will not adversely affect the public health or welfare. Reference the project Conditions of Approval (Attachment No. 2). F. 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. The project conforms with applicable land use and development regulations. G. The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic. The project draws access from County Center Drive; a dedicated City right-of-way, currently improved to its ultimate design configuration. STAFFRP%4.PUP 9 H. The design of the project together with the type of supporting improvements are such that they are not in conflict with easements for access through, or use of the property within the proposed project. No exterior alterations or additions to the existing, previously approved structure are proposed. I. Said findings are supported by minutes, maps, exhibits associated with this application and herein incorporated by reference. Supporting documentation is attached. 5. As conditioned pursuant to SECTION 3, the Public Use Permit proposed conforms to the logical development of its proposed site, and is compatible with the present and future development of the surrounding property. SECTION 2. Environmental Compliance. This project is determined to be categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of said Act which addresses environmental assessment required of proposed minor interior alterations to existing structures. SECTION 3. Conditions. That the City of Temecula Planning Commission hereby approves Public Use Permit No. 4 a resolution of the Planning Commission of the City of Temecula approving of Public Use Permit No. 4. Allowing operation of the Wisconsin Evangelical Lutheran Synod dba Christ the Vine-Lutheran Church within existing suites "N" of Highlands II Business Center, 40880 County Center Drive and known as Assessor's Parcel No. 910-110-045 subject to the following conditions: 6. Attachment 2, attached hereto. STAFERPT~4.FUp 10 SECTION 4. PASSED, APPROVED AND ADOPTED this 18th day of November, 1991. 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 18th day of November, 1991 by the following vote of the Commission: AYES: 4 PLANNING COMMISSIONERS NOES: 0 PLANNING COMMISSIONERS ABSENT: 1 PLANNING COMMISSIONERS STA FFP~C~r~4'PU P 1 1