HomeMy WebLinkAbout93_034 PC ResolutionATI'ACI-IMF~NT NO. 1
RESOLUTION NO. 93-34
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA DENYING PLANNING
APPLICATION NO. PA93-0195, MINOR PUBLIC USE
PERMIT TO PERMIT OPERATION OF A 48 CHILD PRE-
SCHOOL LOCATED AT 28710 LAS HACIENDAS, SUITES
102 AND 103, ALSO KNOWN AS ASSESSOR PARCEL
NUMBER 921-050-009
WHF~REAS, Frank Loizu fried Planning Application No. PA93-0195, Minor Public Use
Permit in accordance with the City of Temecula General Plan and Riverside County Land Use
and Subdivision Ordinances, which the City has adopted by reference;
WHEREAS, the Minor Public Use Permit application was processed in the time and
manner prescribed by State and local law;
WHEREAS, the Planning Commission considered the application on December 6, 1993,
at a duly noticed public hearing as prescribed by law, at which time interested persons had an
opportunity to testify either in support or in opposition;
WHEREAS, at the public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons deserving to be heard, said Commission considered all facts
relating to said application;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
TEMECULA DOES RESOLVE, DETFALMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct.
Section 2. Findings. The Planning Commission, in denying the proposed Minor Public
Use Permit, makes the following fmdings, to wit:
1. PA93-0195, Minor Public Use Permit is not consistent with Goal 2 of the
Public Safety element of the City's General Plan. Goal 2 seeks the protection of public and
environmental resources from exposure to hazardous materials and waste. The location of a pre-
school in close proximity to uses which use and store hazardous materials is inconsistent with
the intent of this Goal.
2. PA93-0195, Minor Public Use Permit is not consistent with Section H of
the Noise element of the City's General Plan. Section 11 requires the consideration of the
compatibility of noise sensitive uses with existing and future land uses. The location of a noise
sensitive pre-school in close proximity to noise generating uses is inconsistent with the intent of
the noise element.
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3. PA93-0195, Minor Public Use Permit is not consistent with the Land Use
element of the City's General Plan. Section lI(E) of the Land Use element requires the
consideration of the compatibility between adjacent land uses. Due to the conllicts between the
proposed pre-school and existing and future permitted manufacturing uses in the area relative
to noise and public safety impacts stated in Findings No. 1 & 2, the pre-school is an
incompatible use.
4. The proposed project is inconsistent with Ordinance No. 348. The project
does not meet the criteria prescribed under Section 18.29 (Public Use Permi0 of Ordinance No.
348 which states a public use permit cannot be granted if the use would be detrimental to the
health, safety or welfare of the community. The location of a pre-school in a manufacturing
area poses a threat to the health, safety and welfare of those children attending the pre-school.
5. The proposed use may have an adverse effect on surrounding property
because the use represents a significant change to the present or planned land use of the area.
The project does not conform with applicable land use and development regulations.
Surrounding development is manufacturing in nature and operates during the same weekday
business hours as the proposed use. The proposed use would create an incompatibility of land
uses in the area by permitting a concentration of children in an manufacturing area.
A. As conditioned pursuant to Section 3, the Minor Public Use Permit proposed is
compatible with the health, safety and welfare of the community.
Section 3. Environmental Compliance. Per Section 15270 of the California
Environmental Quality Act (CEQA), CEQA does not apply to projects which a public agency
disapproves. Therefore, no environmental determination was prepared for this project.
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Section 4. PASSED, APPROVED AND ADOP~ this 6th day of December, 1993.
CHAIRMAN
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 6th day of
December, 1993 by the following vote of the Commission:
AYES: 3
NOES: 1
ABSENT: 0
PLANNING COMMISSIONERS:Blair, Fahey, and Hoagland
PLANNING COMMISSIONERS:Ford
PLANNING COMMISSIONERS:
SECRETARY
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