HomeMy WebLinkAbout92_019 PC Resolution A~-rACHMENT NO. 1
RESOLUTION NO. 92-019
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA APPROVING PLOT PLAN NO. 241 TO
CONSTRUCT A 7,500 SQUARE FOOT RESTAURANT ON A
PARCEL CONTAINING 1.09 ACRES LOCATED ON THE
NORTHWEST CORNER OF RANCHO CALIFORNIA AND YNEZ
ROADS AND KNOWN AS ASSESSOR'S PARCEL 921-270-035.
WHEREAS, Chili's Incorporated filed Plot Plan No. 241 in accordance with the
Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has
adopted by reference;
WHEREAS, said Plot Plan 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 Plot Plan on March 16, 1992, at which time interested persons had opportunity to testify
either in support or opposition to said Plot Plan; and
WHEREAS, the Planning Commission approved said Plot Plan;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA
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.
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.
S\STAFFRPT~.41 .PP 8
(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.
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.
The proposed Plot Plan is consistent with the SWAP and meet the requirements set
forth in Section 65360 of the Government Code, to wit:
The City is proceeding in a timely fashion with a preparation of the general
plan.
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 Plot Plan No. 241 proposed
will be consistent with the general plan proposal being
considered or studied or which will be studied within a
reasonable time, because the project is consistent with the
existing SWAP and Zoning Designations.
(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, because the
project is similar in use and intensity to adjacent development.
(3)
The proposed use or action complies with all other applicable
requirements of state law and local ordinances, because it is
consistent with the development standards of Ordinance No.
348, which conforms with State Laws.
Pursuant to Section 18.30(c), no plot plan may be approved unless the following
findings can be made:
The proposed use must conform to all the General Plan requirements and with
all applicable requirements of state law and City ordinances.
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.
S\STAFFRPT~241,PP 9
The Planning Commission, in approving of the proposed Plot Plan, makes the following
findings, to wit:
There is a reasonable probability that Plot Plan No. 241 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 restaurant is
consistent with the existing zoning and the SWAP land use designation of
Commercial.
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.
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.
Do
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.
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,
Fo
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.
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 C-1/C-P
(General Commercial which is consistent with the project zoning and proposed
use.
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 Ynez Road.
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.
S\STAFFRPT~241.PP 10
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.
As conditioned pursuant to SECTION III, the Plot Plan proposed conforms to the logical
development of its proposed site, and is compatible with the present and future
development of the surrounding property.
SECTION II. 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.
SECTION III. Conditions.
That the City of Temecula Planning Commission hereby approves Plot Plan No. 241 to
construct a 7,500 square foot restaurant on 1.09 acres located on the northwest corner of
Rancho California and Ynez Roads and known as Assessor's Parcel No. 921-270-035 subject
to the following conditions:
1. Attachment 2, attached hereto.
SECTION IV.
PASSED, APPROVED AND ADOPTED this 16th day of March, 1992.
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
March, 1992 by the following vote of the Commission:
AYES: 5 PLANNING COMMISSIONERS: HOAGLAND, BLAIR, CHINIAEFF,
FAHEY, FORD
NOES:
0 PLANNING COMMISSIONERS: NONE
ABSENT: 0 PLANNING COMMISSIONERS: NONE
S\STAFFRPT~241 .PP 1 I