HomeMy WebLinkAbout92_029 PC Resolution~ ATTACH34ENT NO. !
RESOLUTION NO. 92-029
A RESOLUTION OF TI~J PLANNING COMMISSION OF
~ CITY OF TEMECUI~ DENYING CONDITIONAL USE
PERMIT NO. 18 TO PERMIT SALE OF BEER AND WINE
IN AN EXISTING MOBIL SERVICE STATION LOCATED
AT 29500 RANCHO CAI,II*ORNIA ROAD, ASSESSORS
PARCEL NU1VIBER 921-320-016.
Wltl. RF_a~, Mobil Oil Corporation filed Conditional Use Permit No. 18 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 time and
manner prescribed by State and local law;
WI~REAS, the Planning Commission considered said Conditional Use Permit on lune
1, 1992 at which time interested persons had an opportunity to testify either in support or
opposition;
WFIF. REAS, at the conclusion of the Commission hearing, the Commission
recommended approval of said Conditional Use Permit;
NOW, TI~REFORE, ~ PLANNING COMMI,~SION OF ~ C1TY OF
TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section I. Findings.
following f'mdings:
That the Temecula Planning Commission hereby makes the
A. Pursuant to Government Code Section 65360, a newly incorporated city shall
adopt a general plan within thirty 00) 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:
B. The city is proceeding in a timely fashion with the preparation of the general plan.
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. Pursuant to Sectioh 18.26(e), n0 Conditional Use Permit may be approved unless
the applicant demonstrates the proposed use will not be detrimental to the health, safety and
weffare of the community, and furdaer, that any Conditional Use Permit approved shall b~
subject to such conditions as shall be necessary to protect the health, safety and general weffare
of the community.
The planning Commi.qsion, ill denying the proposed Conditional Use Permit,
makes the following findings, to wit:
There is a reasonable probability that Conditional Use Permit No. 18 will
be consistent with the City's future General Plan_
There is little or no probability of substantial detriment to or interference
with the future adopted General Plan ff the proposed use or action is
ultimately inconsistent with the Plan.
The project, as proposed, will adversely affect the public health and
weffare due to the proximity of the use to a church and park. There is a
church within 150 feet of the Mobil Station that is proposing to sell beer
and wine that operates as a church, sunday school and has after school
programs for children. There is also a park associated with the
Information Center which is within 100 feet of the Mobil Station which
is utili:r~i by the public.
Section H. Environmental Compliance. The project has been recommended for denial,
therefore, no environmental determination has been prepared for this project.
Section III. Conditions. The City of Temeeuia Planning Commission hereby denies
Conditional Use Permit No. 18 for the sale of beer and wine in an existing Mobil Service Station
located in the Rancho California Town Center at 29500 Rancho California Road, APN 921-320-
016. The project has been recommended for denial; therefore, no conditions have been
prepared.
Section IV. PASSED, DENm]~ AND ADOPTED this 1st day of June, 1992.
I HI~Ry 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 1st day of June,
1992 by the following vote of the Commission:
AYF_S: 3
NOF. S: 1
ABSTAIN: 1
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
BLAIR, FAHEY, FORD
HOAGLAND
CHINIA~.I~F