HomeMy WebLinkAbout98_033 PC ResolutionPC RESOLUTION NO. 98-033
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA98-0227 (DEVELOPMENT PLAN)
FOR THE DESIGN AND CONSTRUCTION OF 2,840 SQUARE
FOOT RESTAURANT WITH DRIVE-THRU SERVICE, ON A
1.1 ACRES LOT; AND (CONDITIONAL USE PERMIT) TO
PERMIT THE OPERATION OF A RESTAURANT WITH
DRIVE-THRU SERVICE, LOCATED ON THE SOUTH SIDE
OF WINCHESTER ROAD SOUTH OF ENTERPRISE CIRCLE
SOUTH, KNOWN AS ASSESSOR'S PARCEL NO. 909-270-052.
WHEREAS, Richard Green, of Roserich Inc., filed Planning Application No. PA98-0227,
in accordance with the City of Temecula General Plan and Development Code;
WHEREAS, Planning Application No. PA98-0227 was processed including, but not limited
to public notice, in the time and manner prescribed by State and local law;
WHEREAS, the Planning Commission considered Planning Application No. PA98-0227, on
August 19, 1998, at a duly noticed public hearing as prescribed by law, at which time the City staff
and interested persons had an opportunity to and did testify either in support or in opposition to this
matter;
WHEREAS, at the conclusion of the Commission hearing and after due consideration of the
testimony, the Commission approved Planning Application No. PA98-0227;
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 and are hereby incorporated by
reference.
Section 2. Development Plan Findings. The Planning Commission, in approving
Planning Application No. PA99-0227 (Development Plan) hereby makes the following findings
as required by Section 17.05.010.F of the Temecula Municipal Code:
A. The proposed use is in conformance with the General Plan for Temecula and with
all applicable requirements of State law and other Ordinances of the City. The project is
consistent with all City Ordinances including: the City's Development Cede, Ordinance No. 655
(Mr. Palomar Lighting Ordinance), and the City's Water Efficient Landscaping provisions.
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B. The overall development of the land is designed for the protection of the public health,
safety and welfare. The project as proposed complies with all City Ordinances and meets the
standards adopted by the City of Temecula designed for the protection of the public health, safety and
welfare.
C. An Initial Study was prepared for the project and it has 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 project.
D. The project will not result in an impact to endangered, threatened or rare species or
their habitats, including but not limited to plants, fish, insects, animals and birds. The project site has
been previously disturbed and graded, and streetscape installed on site. There are no native species
of plants, no unique, rare, threatened or endangered species of plants, no native vegetation on or
adjacent to the site. Further, there is no indication that any wildlife species exist, or that the site
serves as a migration corridor. A DeMinimus impact finding can be made for this project.
Section 3. Conditional Use Permit Findings. That the Temecula Planning Commission, in
approving Planning Application No. PA98-0227 (Conditional Use Permit) hereby makes the
following findings as required by Section 17.04.010.E of the Temecula Municipal Code:
A. The proposed conditional use is consistent with the General Plan and the Development
Code. The project is consistent with all City Ordinances including: the City's Development Code,
Ordinance No. 655 (Mt. Palomar Lighting Ordinance), and the City's Water Efficient Landscaping
provisions.
B. The proposed conditional use is compatible with the nature, condition, and
development of adjacent uses, buildings, and structures and the proposed conditional use will not
adversely affect the adjacent uses, buildings, or structures.
C. The site for a proposed conditional use is adequate in size and shape to accommodate
the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other
development features prescribed in this Development Code and required by the Planning Commission
in order to integrate the use with other uses in the neighborhood.
D. The nature of the proposed conditional use is not detrimental to the health, safety and
general welfare of the community.
E. The decision to approve the application for a conditional use permit is based on
substantial evidence in view of the record as a whole before the Planning Commission at the time of
their decision.
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Section 4. Environmental Compliance. An Initial Study was prepared for this project and
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 Mitigated Negative Declaration with a DeMinimus
impact finding, therefore, is hereby adopted.
Section 5. Conditions. That the City of Temecula Planning Commission hereby conditionally
approves Planning Application No. PA98-0227 (Development Plan) for the design and construction
of a 2,840 square foot building on 1. lacres, and (Conditional Use Permit) to permit the operation of
a restaurant with drive-thru service, and known as Assessor's Parcel No. 909-270-052, and subject
to the project specific conditions set forth on Exhibit A (Development Plan), and Exhibit B
(Conditional Use Permit), attached hereto, and incorporated herein by this reference.
PASSED, APPROVED AND ADOPTED this 19th day of August 1998.
Marci2 Slaven, Chailperson
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 19th day of August,
1998 by the following vote of the Commission:
AYE S: 5
NOES: 0
ABSENT: 0
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
GUERRIERO, NAGGAR, SLAVEN,
SOLTYSIAK, WEBSTER
NONE
NONE
Debbie Ubnoske, Secretary
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