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HomeMy WebLinkAbout91_074 PC Resolution ATTACHMENT 1 RESOLUTION NO. 91-74 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING CONDITIONAL USE PERMIT NO. 2846 REVISED TO PERMIT OPERATION OF AN AUTO TOWING AND WRECKING SERVICE LOCATED AT 41910 "C" STREET AND KNOWN AS ASSESSOR'S PARCEL NUMBER 922-080-004. WHEREAS, Frank Slaughter filed CUP No. 2846 Revised 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 August 5, 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. Findin.qs. That the Temecula Planning 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 requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan. (2) The planning agency finds, in approving projects and A:CUP2846 7 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. 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, including the issuance of building permits, pursuant to this title, each of the following: a) There is reasonable probability that CUP No. 2846 Revised 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 A:CUP2846 8 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. (2) The Planning commission, in approving the proposed CUP, makes the following findings, to wit: a) The subject use is in conformance with the R-R (Rural Residential) zone subject to approval of a Conditional Use Permit. Therefore, the renewal of the Conditional Use Permit is in compliance with the current zoning for the site. b) There is a reasonable probability that Conditional Use Permit No. 2846 Revised will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time in that the subject use is a business of long standing in the Temecula Valley, and Staff is not concerned that a renewal of the Use Permit will be detrimental to neighboring land uses in that the site is adequately screened from adjacent properties. c) 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 in that site screening and the Condition of Approval restricting the hours of use of A:CUP2846 9 machinery on the site are adequate to prevent detrimental visual or noise impacts to adjacent properties. d) The proposed use or action complies with all other applicable requirements of state law and local ordinance in that on-site parking meets the requirement of Ordinance 348, and the County adopted a Negative Declaration when the Conditional Use Permit was originally approved. e) Project generated traffic is not a significant detrimental impact to the streets in the vicinity, and the site is of sufficient size to provide adequate on-site parking. f) Renewal of Conditional Use Permit No. 2846 will not be detrimental to the health, safety, or welfare of the community in that car batteries are removed and disposed through a recycling service, lubricants, coolants, and other fluids are not removed from cars or stored on-site, and site screening and operational restrictions are adequate to prevent detrimental visual and noise impacts. E. As conditioned pursuant to SECTION 2, the CUP proposed is compatible with the health, safety and welfare of the community. SECTION 2. Conditions. That the city of Temecula Planning Commission hereby approves CUP No. 2846 Revised for the operation and construction of an auto towing and wrecking service located at 41910 "C" Street and known as Assessor's Parcel No. 922-080- 004 subject to the following conditions: A. Exhibit A, attached hereto. SECTION 3. PASSED, APPROVED AND ADOPTED this 5th day of August, 1991. A:CUP2846 10 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 5th day of August, 1991 by the following vote of the Commission: AYES: 5 PLANNING COMMISSIONERS NOES: 0 PLANNING COMMISSIONERS ABSENT: 0 PLANNING COMMISSIONERS A:CUP2846 11