HomeMy WebLinkAbout91_056 PC Resolution RESOLUTION NO. 91-56
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA DENYING CONDITIONAL USE
PERMIT NO. 11 TO PERMIT OPERATION OF AUTOMOBILE
SALES BY INDIVIDUAL OWNER LOCATED AT THE
NORTHWEST CORNER OF FRONT STREET AND LAS
HACIENDAS STREET.
WHEREAS. Robert C. Vecchione and Eduardo J. Lopes filed CUP No. 11
in accordance with the Riverside County Land Use. Zoning. Planning and
Subdivision Ordinances, which the City has adopted by reference;
WHEREAS. said CUP application was processed in the time and manner
prescribed by State and local law;
WHEREAS, the Planning Commission considered said CUP on June 17.
1991. at which time interested persons had an opportunity to testify either in
support or opposition;
WHEREAS. at the conclusion of the Commission hearing, the Commission
approved said CUP;
NOW. THEREFORE. THE PLANNING COMMISSION OF THE CITY OF
TEMECULA DOES RESOLVE. DETERMINE AND ORDER AS FOLLOWS:
SECTION 1, Findinc~s, That the Temecula Planning Commission hereby
makes the following findings:
A. Pursuant to Government Code Section 65360. a newly
incorporated city shall adopt a general plan within thirty (30) 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:
~1) The city is proceeding in a timely fashion with the
preparation of the general plan.
(2) The planning agency finds, in approving projects and
taking other actions, including the issuance of building
permits, each of the following:
a) There is a reasonable probability that the
land use or action proposed will be consistent
with the general plan proposal being
considered or studied or which will be
studied within a reasonable time.
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b) There is little or no probability of substantial
detriment to or interference with the future
adopted general plan if the proposed use or
action is ultimately inconsistent with the
plan.
c) The proposed use or action complied with all
other applicable requirements of state law and
local ordinances.
B. 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.
C. The proposed CUP is not consistent with the SWAP and
meets the requirements set forth in Section 65360 of the Government
Code, to wit:
(1) The city is proceeding in a timely fashion with a
preparation of the general plan.
(2) The Planning Commission finds, in approving projects
and taking other actions, including the issuance of
building permits, pursuant to this title, each of the
following:
a) There is reasonable probability that CUP No.
11 proposed will not be consistent with the
general plan proposal being considered or
studied or which will be studied within a
reasonable time.
b) There is a probability of substantial
detriment to or interference with the future
adopted general plan if the proposed use or
action is ultimately inconsistent with the
plan.
c) The proposed use or action does not complies
with all other applicable requirements of state
law and local ordinances.
D. (1) Pursuant to Section 18.26(e), no CUP may be
approved unless the applicant demonstrates the proposed use will not
be detrimental to the health safety and welfare of the community, and
further, that any CUP approved shall be subject to such conditions as
shall be necessary to protect the health~ safety and general welfare of
the community,
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(2) The Planning commission, in denying the proposed
CUP. makes the following findings, to wit:
a) The site of the proposed use. together with
the on-site parking required and provided.
is not suitable in size to accommodate the
proposed intensity of use,
b) The proposed use will have a substantial
adverse effect on abutting property or the
permitted use thereof. The proposed use is
on scale of intensity to impact adjacent uses.
c) The site for the proposed use does not have
adequate access to the fully improved
Jefferson Avenue. as evidenced in the site
plan for Conditional Use Permit No. 11. for
the proposed intensity of use,
d) There is a reasonable probability that the
project will be inconsistent with the City's
General Plan once it is adopted because the
proposed is not a permitted use in the M-M
(Medium Manufacturing) zone,
e) There is a probability of detriment to. or
interference with the future adopted General
Plan Land Use if the proposed use is
ultimately inconsistent with the new General
Plan. The proposed use is of insignificant
scale in the context of area development.
f) These findings are supported by Staff
analysis, minutes, maps and exhibits.
associated with this application and herein
incorporated by reference.
E. As conditioned pursuant to SECT ION 3. the CUP proposed
is not compatible with the health, safety and welfare of the community,
SECTION 2, Environmental Compliance.
The proposed Conditional Use Permit is a Class 1 Categorical Exemption
per the CEQA Guidelines,
SECTION 3, Conditions.
That the City of Temecula Planning Commission hereby denies CUP No,
11 for the operation of automobile sales by individual owner located at the northwest
corner of Front Street and Las Haciendas Street,
A. Exhibit A. attached hereto.
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SECTION 4.
PASSED. DENIED AND ADOPTED this 17th day of June. 1991.
~,. ) ' - -DENNIS 'CT--IINIAEFF W
~ 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 17th day of June. 1991 by the following vote of the Commission:
AYES: 3 PLANNING COMMISSIONERS
NOES: 0 PLANNING COMMISSIONERS
ABSTAIN: 1 PLANNING COMMISSIONERS
ABSENT: 1 PLANNING COMMISSIONERS
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