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HomeMy WebLinkAbout95_021 PC ResolutionRESOLUTION NO. 95-021 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 95-0048 TO PERMIT THE OPERATION OF A GAS STATION, CONVENIENCE STORE WITH THE CONCURRENT SALE OF BEER AND WINE, AND DRIVE THROUGH RESTAURANT LOCATED AT THE NORTHWEST CORNER OF RANCHO CALIFORNIA ROAD AND LYNDIE LANE AND KNOWN AS ASSESSOR'S PARCEL NO. 921-070-001 WHEREAS, Texaco Refining & Marketing, Inc. filed Pla~nlng Application No. 95-0048 in accordance with the City of Temeeula General Plan and Riverside County Land Use and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, Planning Application No. 95-0048 was processed in the time and manner prescribed by State and local law; WHle~REAS, the Planning Commission considered Planning Application No. 95-0048, on August 21, 1995, 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 conclusion of the Commission hearing, the Commission recommended approval of Planning Application No. 95-0048; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct. Section 2. Findings. That the Temecula Planning Commission hereby makes the following findings: 1. The proposed use conforms to all General Plan requirements and with all applicable requirements of state law and City ordinances. The project is a permitted use within the General Plan Land Use designation of Community Commercial (CC). In addition, the project is permitted under the existing General Commercial (C-I/C-P) zoning. 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. 3. The proposed use or action complies with all other requirements of state law and local ordinances. The proposed use complies with California Governmental Code Section 65360, Section 18.29 (Conditional Use Permit) of Ordinance No. 348. 4. The proposed project will not be detrimental to the health, safety or general welfare of the community. In addition, the proposed project will not have a significant impact on the environment. The Initial Study prepared for the project determined that although the proposed project could have a significant effect on the environment, these effects are not considered to be significant due to mitigation measures contained in the project design and in the Conditions of Approval added to the proj . 5. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuration, access, and intensity of use, because the proposed planning application (Conditional Use Permit), as conditioned, complies with the standards contained within the City's General Plan and Ordinance No. 348. 6. .The project is compatible with surrounding land uses. The project is located in an area of existing and proposed commercial development. 7. The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic. Access to the project site is from publicly maintained roads (Lyndie Lane and Rancho California Road). 8. 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. 9. Said findings are supported by maps, exhibits and environmental documents associated with these applications and herein incorporated by reference. A. As conditioned pursuant to Section 4, Planning Application No. 95-0054, as proposed, is compatible with the health, safety and welfare of the community. Section 3. 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 4. Conditions. That the City of Temecula Planning Commission hereby approves Planning Application No. 95-0048 (Conditional Use Permit) for the operation of a gas station, convenience store with the concurrent sale of beer and wine, and drive through restaurant located at the northwest corner of Rancho California Road and Lyndie Lane and known as Assessor's Parcel No. 921- 070-001, and subject to the following conditions: hereof. Exhibit A, attached hereto, and incorporated herein by this reference and made a part R:~TAFFRPT'~SPA95.PC 2/15196 mf ~ Section 5. PASSED, APPROVED~ D this 21st day of August, 1995. I ItEREBY 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 21st day of August, 1995 by the following vote of the Commission: AYES: 4 NOES: 0 ABSENT: 0 ABSTAIN: 1 PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: FAHEY SLAVEN WEBSTER FORD MILLER GARY THORNHILL SECRETARY R:\STAFFRPT\48PA95.PC 2/22/96 mf ~}