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HomeMy WebLinkAbout93_002 PC ResolutionPC RESOLUTION NO. 93-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING CASE NO. PA92- 0054, CONDITIONAL USE PERMIT TO PERMIT CONSTRUCTION OF A BIG O TIRE STORE LOCATED ON THE NORTH SIDE OF WINCHESTER ROAD IN THE COSTCO SHOPPING CENTER; PARCEL NUMBER 11 OF PARCEL MAP 26852, ASSESSOR'S PARCEL NUMBER 910- 110-071. WHEREAS, E. Bryan Knowles fried application for Case No. PA92-0054, Conditional Use Permit 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 tune and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Conditional Use Permit on February 22, 1993 at which tune interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission heating, the Commission approved said Conditional Use Permit; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findings. That the Temecula Planning Commission hereby makes the following fmdings: 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 tune, the city is not subject to the requiremem 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: general plan. The city is proceeding in a t'unely fashion with the preparation of the B. The planning agency f'mds, in approving projects and taking other actions, including the issuance of building permits, each of the following: R:\S\STAFFRPT~S4PA92.PC 2124193 idb 7 1. Them 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. C. 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. D. 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: The city is proceeding in a timely fashion with a preparation of the general plan. E. 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 Case No. PA92-0054, Conditional Use Permit as proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time due to the current SWAP designation of "C", Commercial. 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 surrounded with commercially designated parcels and is located within the COSTCO Commercial Center. 3. The pmp0sed use or action compiles with all other applicable requirements of state law and local ordinances, in that the project is consistent with Ordinance Nos. 348. 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 necessat3, to protect the health, safety and general welfare of the community. R:\S\STAFFRPT~54PA92.PC 2/23/93 klb 8 F. The Planning Commission, in approving the proposed Conditional Use Permit, makes the following findings, to wit: 1. There is a reasonable probability that Case No. PA92-0054, Conditional Use Permit 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 tire store is consistent with the existing zoning and the Draft General Plan land use designation of Community Commercial. 2. There is not a likely probability of substanfml detriment to or interference with the future General Plan, if the propos~ use is ultimately inconsistent with the plan due to the fact that the proposed use is consistent with the existing zoning, the Draft General Plan Land Use Designation of Community Commercial and the SWAP land use designation of Commercial, and the existing developments of the surrounding area. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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 mitigation for the project. R:\S\STAFFRPT~54PA92.PC 2/23/93 klb 9 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. G. As conditioned pursuant to Section 3, the Conditional Use Permit proposed is compatible with the health, safety and welfare of the community. Section 2. 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 3. Conditions. That the City of Temecula Planning Commission hereby approves Case No. PA92-0054, Conditional Use Permit for the construction of a tire store located at 40525 Winchester Road in the COSTCO Shopping Center; Parcel Number 11 of Parcel Map No. 26852; Assessor Parcel Number 910-110-071. A. Attachment No. 2, attached hereto. Section 4. PASSED, APPROVED AND ADOPTF~ this 22nd day of February, 1993. CHAIR/VlAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meet'rog thereof, held on the 22nd day of February, 1993 by the following vote of the Commission: AYES: 4 PLANNING COMMISSIONERS: BLAIR, CHINIAEFF, FAHEY, FORD NOES: 0 ABSENT: 0 PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: HOAGLAND SECRETARY R:\S\STAFFRPT~54PA92.PC 2/24/93 klb 1 0