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HomeMy WebLinkAbout96_003 PC ResolutionPC RESOLUTION NO. 96-03 A RESOLUTION OF TIlE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA95-0138 TO CONSTRUCT A GAS STATION, 3,500 SQUARE FOOT MINI MARKET WITH CONCURRENT SALES OF BEER AND WINE AND AN 1,080 SQUARE FOOT CAR WASH ON A PARCEL CONTAINING 1.58 ACRES LOCATED AT THE NORTHEASTERLY CORNER OF YNEZ ROAD AND SOLANA WAY AND KNOWN AS ASSESSOR'S PARCEL NO. 921-680-006 WHEREAS, Terraton Corporation filed Planning Application No. PA95-0138 in accordance with the City of Temecula General Plan and Ordinance No. 348, which the City has adopted by reference; WHEREAS, Planning Application No. PA95-0138 was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. PA95-0138 on March 4, 1996, 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 desiring to be heard, the Commission considered all facts relating to Planning Application No. PA95-0138; 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. F_indiag~ The Planning Commission, in approving Planning Application No. PA95-0138 makes the following findings: A. Pursuant to Ordinance No. 348, Section 18.28, no Conditional Use Permit may be approved unless the following findings can be made: 1. The proposed use must conform to all the General Plan requirements and with all applicable requirements of state law and City ordinances. 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. R:\STAFFRPT~I38PA95.P(2 8/15/96 vgw B. The Planning Commission, in approving proposed Planning Application No. PA95- 0138, makes the following specific findings, to wit: 1. The proposed use conforms to all General Plan requirements and with all applicable requirements of state law and City ordinances. The project is consistent with the types of developments within the General Plan Land Use designation of Community Commercial (CC). In addition, the project is permitted with the approval of a conditional use permit. 2. 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. 3. 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. 4. 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 compatible with current surrounding development and Ordinance No. 348. 5. 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 and Solana Way. 6. 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. 7. 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. 8. 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, due to the fact that the project is consistent with all City and State requirements. 9. 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 18.28 (Conditional Use Permit) of Ordinance No. 348. 10. Said findings are supported by maps, exhibits and environmental documents associated with these applications and herein incorporated by reference. R:\STAFFRPTM38PA95.PC 8115196 vgw C. As conditioned pursuant to Section 4, Planning Application No. PA95-0138 as proposed, conforms to the logical development of its proposed site, and is compatible with the present and future development of the surrounding property. Section 3. Enviremnental 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. PA95-0138 to construct a gas station with an 1,080 square foot self service car wash and a 3,500 square foot mini-market, located on the northeasterly corner of Ynez Road and Solana Way and known as Assessor's Parcel No. 921-380-006, subject to the following conditions: A. Exhibit A, attached hereto, and incorporated herein by this reference and made a part hereof. 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 4th day of March, 1996, by the following vote of the Commission: A YES: 3 NOES: 2 ABSENT: 0 PLANNING COMMISSIONERS: SOLTYSIAK, MILLER, WEBSTER PLANNING COMMISSIONERS: FAHEY, SLAVEN PLANNING COMMISSIONERS: NONE DEBBIE UBNOSKE SECRETARY R:\STAFFRPq~I38PA95.PC 8/19/96 vgw