HomeMy WebLinkAbout92_002 PC Resolution ATTACHMENT NO. 1
RESOLUTION NO. 92-002
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA APPROVING CONDITIONAL USE PERMIT NO. 15
TO PERMIT OPERATION OF A ROLLER SKATING HALL IN AN
EXISTING BUILDING LOCATED AT 28860 FRONT STREET.
WHEREAS, Jubany Development filed CUP No. 15 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 January 6, 1992,
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
recommended approval of said CUP;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA
DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION I. Findings.
That the Temecula Planning Commission hereby makes the following findings:
1. 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:
A. The city is proceeding in a timely fashion with the preparation of the general
plan.
B. The planning agency finds, in approving projects and taking other actions,
including the issuance of building permits, each of the following:
(1) 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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(2)
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.
(3)
The proposed use or action complied with all other applicable
requirements of state law and local ordinances.
The Riverside County General Plan, as amended by the Southwest Area Community
Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temeoula 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.
The proposed CUP is consistent with the SWAP and meets the requirements set forth
in Section 65360 of the Government Code, to wit:
A. The city is proceeding in a timely fashion with a preparation of the general plan.
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:
(1)
There is reasonable probability that CUP No. 1 5 proposed will be
consistent with the general plan proposal being considered or
studied or which will be studied within a reasonable time.
(2)
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.
(3)
The proposed use or action complies with all other applicable
requirements of state law and local ordinances.
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 CLIP approved shall be subject to such
conditions as shall be necessary to protect the health, safety and general welfare of
the community.
The Planning Commission, in approving the proposed CUP, makes the following
findings, to wit:
The project will not cause a shortage of parking spaces in the center for the
following reasons: the skating hall is predominately a night user; the existing
uses are predominately day users; and the clientele for the skating hall are
teenagers who usually car pool or are dropped off by parents.
The project is a good amenity for the community in that the teenagers will have
a healthy activity to spend their time on.
The site is suitable for the proposed use and it will not have a negative effect
on the other businesses in the center in that the parking spaces will be
sufficient to accommodate all the demand generated by this use and all other
uses per Finding No. 1.
The project as conditioned will not adversely affect the public health or welfare,
in that the Conditions of Approval include measures that will ensure the public
health and welfare.
As conditioned pursuant to SECTION 3, the CUP proposed is compatible with the
health, safety and welfare of the community.
SECTION II. Environmental Compliance.
This project has been reviewed pursuant to the California Environmental Quality Act and has
been found to be a Class I Categorical Exemption, Section 15301.
SECTION III. Conditions.
That the City of Temecula Planning Commission hereby approves CUP No. 15 for the
operation of a Roller Skating Hall in an existing building located at 28860 Front Street subject
to the following conditions:
1. Attachment No. 2, attached hereto.
SECTION IV.
PASSED, APPROVED AND ADOPTED this 6thj~,~,~_~day of January,~__~~1992. ,
~'/ JOHN' ~./H~AG LAND
~/' 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 6th day of
January, 1992 by the following vote of the Commission:
AYES: 5
NOES: 0
ABSENT: 0
PLANNING COMMISSIONERS
PLANNING COMMISSIONERS
PLANNING COMMISSIONERS
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