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HomeMy WebLinkAbout93_034 PC ResolutionATI'ACI-IMF~NT NO. 1 RESOLUTION NO. 93-34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. PA93-0195, MINOR PUBLIC USE PERMIT TO PERMIT OPERATION OF A 48 CHILD PRE- SCHOOL LOCATED AT 28710 LAS HACIENDAS, SUITES 102 AND 103, ALSO KNOWN AS ASSESSOR PARCEL NUMBER 921-050-009 WHF~REAS, Frank Loizu fried Planning Application No. PA93-0195, Minor Public Use Permit in accordance with the City of Temecula General Plan and Riverside County Land Use and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, the Minor Public Use Permit application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered the application on December 6, 1993, at a duly noticed public hearing as prescribed by law, at which time interested persons had an opportunity to testify either in support or in opposition; WHEREAS, at the public hearing, upon hearing and considering all testimony and arguments, if any, of all persons deserving to be heard, said Commission considered all facts relating to said application; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETFALMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct. Section 2. Findings. The Planning Commission, in denying the proposed Minor Public Use Permit, makes the following fmdings, to wit: 1. PA93-0195, Minor Public Use Permit is not consistent with Goal 2 of the Public Safety element of the City's General Plan. Goal 2 seeks the protection of public and environmental resources from exposure to hazardous materials and waste. The location of a pre- school in close proximity to uses which use and store hazardous materials is inconsistent with the intent of this Goal. 2. PA93-0195, Minor Public Use Permit is not consistent with Section H of the Noise element of the City's General Plan. Section 11 requires the consideration of the compatibility of noise sensitive uses with existing and future land uses. The location of a noise sensitive pre-school in close proximity to noise generating uses is inconsistent with the intent of the noise element. R:\S\STAFFRPT~195PA93.PC 12/30/93 klb 6 3. PA93-0195, Minor Public Use Permit is not consistent with the Land Use element of the City's General Plan. Section lI(E) of the Land Use element requires the consideration of the compatibility between adjacent land uses. Due to the conllicts between the proposed pre-school and existing and future permitted manufacturing uses in the area relative to noise and public safety impacts stated in Findings No. 1 & 2, the pre-school is an incompatible use. 4. The proposed project is inconsistent with Ordinance No. 348. The project does not meet the criteria prescribed under Section 18.29 (Public Use Permi0 of Ordinance No. 348 which states a public use permit cannot be granted if the use would be detrimental to the health, safety or welfare of the community. The location of a pre-school in a manufacturing area poses a threat to the health, safety and welfare of those children attending the pre-school. 5. The proposed use may have an adverse effect on surrounding property because the use represents a significant change to the present or planned land use of the area. The project does not conform with applicable land use and development regulations. Surrounding development is manufacturing in nature and operates during the same weekday business hours as the proposed use. The proposed use would create an incompatibility of land uses in the area by permitting a concentration of children in an manufacturing area. A. As conditioned pursuant to Section 3, the Minor Public Use Permit proposed is compatible with the health, safety and welfare of the community. Section 3. Environmental Compliance. Per Section 15270 of the California Environmental Quality Act (CEQA), CEQA does not apply to projects which a public agency disapproves. Therefore, no environmental determination was prepared for this project. R:\S\STAFFRPT~195PA93.PC 12/30/93 Idb 7 Section 4. PASSED, APPROVED AND ADOP~ this 6th day of December, 1993. 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 December, 1993 by the following vote of the Commission: AYES: 3 NOES: 1 ABSENT: 0 PLANNING COMMISSIONERS:Blair, Fahey, and Hoagland PLANNING COMMISSIONERS:Ford PLANNING COMMISSIONERS: SECRETARY R:\S\STAFFRPT\195PA93.PC 1/3/94 idb 8