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HomeMy WebLinkAbout91_057 PC Resolution RESOLUTION NO. 91-57 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING CONDITIONAL USE PERMIT NO. ;~, REVISION NO, 1 TO PERMIT OPERATION OF AN AUTOMOTIVE SERVICE AND RETAIL CENTER WITH AN INCREASE OF 274 SQUARE FEET OF FLOOR AREA AND THE DELETION OF ONE PARKING SPACE LOCATED ON THE WEST SIDE OF YNEZ ROAD APPROXIMATELY 200 FEET NORTH OF SOLANA WAY. WHEREAS. Larry Gabele filed CUP No. 2, Revision No. 1 in accordance with the Riverside County Land Use. Zoning. Planning and Subdivision Ordinances. which the City has adopted by reference; WHEREAS. said CUP Revision application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said CUP Revision 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 hearin9. the Commission recommended approval of said CUP Revision; NOW. THEREFORE. THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE. DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findings. 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. 12) 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 bein9 considered or studied or which will be studied within a reasonable time. A:CUP2-A 1 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 Revision is 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. 2. Revision No, 1 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time, 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 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, A: CUP2-A 2 J 2) The Planning commission, in approving the proposed CUP. makes the following findings, to wit: a) The proposed use is in conformance with the Southwest Area Plan designation of the site for commercial uses and is permitted in the Scenic Highway Commercial zone subject to approval of a Conditional Use Permit, b) The project will not adversely affect adjacent properties in that the on-site parking provided is adequate to serve the proposed intensity of development, the developer is required to protect downstream properties from damages caused by any alteration of current drainage patterns, and the project is similar to those proposed and developed in the area, c) The site is adequate to allow the proposed development in a manner not detrimental to public safety in the area in which the site is located in that the on-site parking is adequate to serve the proposed intensity of development, All drive aisles are of adequate width to accommodate on-site traffic circulation, and the amount of landscaped area satisfies the applicable requirements, d) The intersection of Ynez Road and Solana Way. 200 feet south of the site. is currently functioning at peak hour Level of Service F. The project could temporarily aggravate the poor level of service until new street improvements provide an acceptable level of service at the intersection. Construction of the new improvements is expected to begin in December of 1991 as part of Community Facilities District 88-12, The proposed additional floor area is not expected to generate enough additional traffic to constitute a significant impact on the Level of Service at the intersection. e) A reciprocal access agreement with the adjacent property owner north of the site is required to provide adequate access to the site. A:CUP2-A 3 E. As conditioned pursuant to SECT ION 2, the CUP proposed is compatible with the health, safety and welfare of the community. SECTION 2. Conditions. That the city of Temecula Planning Commission hereby approves CUP No. 2, Revision No. 1 for the operation and construction of an automotive service center with an increase of 274 square feet of floor area and the deletion of one parking space located on the westerly side of Ynez Road approximately 200 feet north of Solana Way subject to the following conditions: A. Attachment 2, attached hereto. SECTION 3. PASSED, APPROVED AND ADOPTED this 17th day of June, 1991. DENNIS C 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: 4 PLANNING COMMISSIONERS NOES: 0 PLANNING COMMISSIONERS ABSENT: 1 PLANNING COMMISSIONERS A:CUP2-A ~