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HomeMy WebLinkAbout93_017 PC ResolutionPC RESOLUTION NO. 93-17 A RESOLUTION OF ~ PLANNING COMMISSION OF ~ CITY OF TEMECULA APPROVING PA93-0089, CONDITIONAL USE PERMIT TO ALLOW Tm*~ CONSTRUCTION OF AN ARCO AM/PM MINI-MARKET AND SELF-SERVICE GAS STATION WITH CONCURRENT ALCOHOL SALES LOCATED AT 28231 YNEZ IN THE TOWER PLAZA SHOPPING CENTER; ASSESSOR'S PARCEL NUMBER 921-270-041. WHEREAS, Markham & Associates fried application for PA93-0089, Conditional Use Permit in accordance with the Riverside County I_and Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WltEREAS, said Conditional Use Permit application was processed in the time and manner prescribed by State and local law; WHEREAS, the proposed Draft General Plan Land Use Designation is anti(lpated to be changed to Highway/Tourist Commercial subsequent to the approval of this project; WItEREAS, the Planning Commission considered said Conditional Use Permit on July 19, 1993 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 Conditional Use Permit; 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 follow'rog 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: general plan. B. 1. The city is proceeding in a timely fashion with the preparation of the The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: R:\S\STAFFRPT~89PA93.PC 7~28~93 Idb 7 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 rime. 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. 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 prepamrion of its General Plan. D. The proposed Conditional Use Permit is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: The city is proceeding in a timely fashion with a preparation of the general plan. E. The Planning Commission finds, in approving projects and taking other actions, including the issuance of building permits, pursuant to this rifle, each of the following: F. There is reasonable probability that PA93-0089, Conditional Use Permit as proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable rime due to the current SWAP designation of Commercial. 1. 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 because the project is surrounded with commercially designated parcels and is located within the Tower Plaza Commercial Center. 2. The proposed use or action complies with all other applicable requirements of state law and local ordinances, in that the project is consistent with Ordinance Nos. 348. 3. Pursuant to Section 18.26(e), no Conditional Llse Permit 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 Conditional Use Permit approved shall be subject to such condirions as shall be necessary to protect the health, safety and general welfare of the community. R:~S\STAFFRPT~89PA93.PC 7~28~93 klb 8 G. The Planning Commission, in approving the proposed Conditional Use Permit, makes the following findings, to wit: 1. There is a reasonable probability that PA93-0089, Conditional Use Permit will likely be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State Law due to the fact that the proposed service station and mini-market is consistent with the existing General Commercial (C-P) zoning and will likely be consistent with the future General Plan. 2. There is not a likely probability of substantial detriment to or interference with the future General Plan, if the proposed use is ultimately inconsistent with the plan due to the fact that the proposed use is consistent with the existing zoning and existing commercial development in the surrounding area. 3. The proposed use or action complies with State planning and zoning laws due to the fact that the proposed use complies with Ordinance No. 348 and the action complies with State Planning Laws. 4. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuration, circulation patterns, access, and intensity of use due to the fact that the proposed development complies with the standards of Ordinance No. 348. 5. The project as designed and conditioned will not adversely affect the public health or welfare due to the fact that the Conditions of Approval include measures which will ensure that public health and welfare will be maintained. 6. The project is compatible with surrounding land uses. The harmony in scale, bulk, height, intensity, and coverage creates a compatible physical relationship with adjoining properties due to the fact that the proposed development is consistent with current surrounding development and Ordinance No. 348. 7. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the present or planned land use of the area due to the fact that the surrounding properties are zoned General Commercial (C-P) which is consistent with the project zoning and proposed use. 8. The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic due to the fact that the interior circulation is suitable and connects with Ynez Road. 9. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the initial study performed for this project due to the fact that the Conditions of Approval provide for the necessary mitigation for the project. 10. The design of the project and the type of improvements are such that they are not in conflict with easements for access through or use of the property within the proposed project as represented on the site plan. R:\S\STAFFRPT~89PA93.PC 7~28~93 klb 9 H. As conditioned pursuant to Section 3, the Conditional Use Permit proposed is compatible with the health, safety and welfare of the community. Section 2. Environmental Compliance. An Initial Study was performed for this project which determined that although the proposed project could have a significant effect on the environment, no significant impact would result to the natural or built environment in the City because impacts will be mitigated by adherence to the attached Conditions of Approval which have been added to the project, and a Negative Declaration, therefore, is hereby granted. Section 3. Conditions. That the City of Temecula Planning Commission hereby approves PA93-0089, Conditional Use Permit for the construction of a Arco AM/PM mini- market and self-service gas station located at 28231 Ynez Road in the Tower Plaza Shopping Center, also known as Assessor Parcel Number 921-270-041. A. Attachment No. 2, attached hereto. Seet'101i 4. PASSED, APPROVED AND ADOPTED this 19th day of July, 1993. I HEREBY CERTIFY that the forego'rog Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 19th day of July, 1993 by the following vote of the Commission: AYES: 3 PLANNING COMlVlISSIONERS: CHINIAEFF, FAHEY AND HOAGLAND NOES: 1 ABSENT: 1 PLANNING COMMISSIONERS: FORD PLANNING COMMISSIONERS: BLAIR THORNHILL SECRETARY R:~S~STAFFRPT~89PA93.PC 7128193 Idb 1 0