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HomeMy WebLinkAbout95_016 PC ResolutionATTACHMENT NO. 6 RESOLUTION NO. 95-016 A RESOLUTION OF THE PLANNING COMMLqSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF PLANNING APPLICATION NO. 94-0061 FOR A MASTER CONDITIONAL USE PERMIT TO PERMIT CABARET THEATERS (2), SALOONS (2), AN OPERA HOUSE, TV/RADIO STATION, VIRTUAL REALITY THEATERS (2), A QUICK DRAW AREA, ADMINISTRATIVE AND TICKET OFFICES IN AN AREA GENERALLY BOUNDED BY SIXTH STREET TO THE NORTH, FIRST STREET TO THE SOUTH, MURRIETA CREEK TO THE WEST AND INTERSTATE 15 TO THE EAST WHEREAS, TZBG filed Planning Application No. 94-0061 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, Planning Application No. 94-0061 was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. 94-0061 on May 15, 1995, 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, the Planning Commission continued Planning Application No. 94-0061 at their May 15, 1995 meeting to June 5, 1995; WHEREAS, at the public hearing, upon heating and considering all testimony and arguments, if any, of all persons deserving to be heard, the Commission considered all facts relating to Planning Application No. 94-0061; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct. Section 2. Findings. The Planning Commission, in recommending approval of Planning Application No. 94-0061 makes the following findings: 1. The proposed Master Conditional Use Permit is consistent with the City's General Plan, the development code, and applicable specific plans. Ordinance No. 94-19 was adopted by the City Council to permit Master Conditional Use permits within the City of Temecula. Planning Application No. 94-0061 will facilitate development in Old Town Temecula and implement The Old Town Temecula Specific Plan. This is an extension of land Use Element R:\STAFFI~°T~OTRP.PC2 2/15/98 idb 32 Goal No. 6 which called for "A Plan for Old Town that enhances the economic viability, preserves historic structures, addresses parking and public improvement needs, and establishes design standards to enhance and maintain the character and economic viability of Old Town." Further, upon approval of the Master CUP, and submittal of subsequent development plans at specific sites, the plans w'fll be reviewed by the Old Town Local Review Board for consistency with the Old Town Specific Plan. 2. The proposed Master Conditional Use Permit is consistent with a signed memorandum of understanding or development agreement between the City and a private party. A Memorandum of Understanding was executed between the City of Temecula and TZBG on January 31, 1995. The Master Conditional Use Permit is consistent with this Memorandum of Understanding. No development agreement is applicable to this fmding. 3. The proposed Master Conditional Use Permit will result in a tangible and substantial public benefit. The project proposes cabaret theaters (2), saloons (2), an opera house, TV/radio station, virtual reality theaters (2), a quick draw area, administrative and ticket offices. These developments will enhance and maintain the character and economic viability of Old Town, by attracting patrons and consumers to the areas. 4. The proposed Master Conditional Use Permit is consistent with the nature, condition and development of adjacent uses, buildings, and structures and that the proposed conditional use will not adversely affect the adjacent uses, buildings, and structures. Upon approval of the Master CUP, and submittal of subsequent development plans at sp~ific sites, the plans w'tll be reviewed by the Old Town Local Review Board for consistency with the Old Town Temecula Specific Plan. This will insure that the project will be consistent with the nature, condition and development of adjacent uses, buildings, and structures and that the proposed conditional use will not adversely affect the adjacent uses, buildings, and structures. 5. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the zoning ordinance. Upon approval of the Master CUP, and submittal of subsequent development plans at specific sites, the plans will be reviewed by the Old Town Local Review Board for consistency with the Old Town Temecula Specific Plan. This will insure that the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Old Town Temecula Specific Plan. 6. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project is consistent with the City's General Plan and the Old Town Temecula Specific Plan. The Final Environmental Impact Report has been certified and the impacts of the project as laid out have been mitigated. (1) As conditioned pursuant to Section 4, Planning Application No. 94-0061 as proposed, conforms to the logical development of its proposed site, and is compatible with the present and future development of the surrounding property. R:~STAFFf~°T~OTRP.PC2 2115/96 klb 33 Section 3. Environmental Compliance. The City of Temecula Planning Commission hereby recommends certification of FEIR Planning Application No. 95-0031, adopts Findings of Fact and Statements of Overriding Consideration and approves of the Mitigation Monitoring Program for the Old Town Entertainment Project which includes the Master Conditional Use Permit and subsequent development proposals within the area. Section 4. Conditions. That the City of Temecula Planning Commission hereby approves Planning Application No. 94-0061 to permit cabaret theaters (2), saloons (2), an opera house, TV/radio station, virtual reality theaters (2), a quick draw area, administrative and ticket offices, and a town square in an area generally bounded by Sixth Street to the north, First Street to the South, Murrieta Creek to the west and Interstate 15 to the east subject to the following conditions: A. Exhibit A, attached hereto. Section 5. PASSED, APPROVED AND ~ this 5th dayof June, 1995. / -o CI~IRlVIAN 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 5th day of June, 1995 by the following vote of the Commission: AYES: 5 PLANNING COMMISSIONERS: BLAIR FAHEY SLAVEN WEBSTER FORD NOES: 0 ABSENT: 0 PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: GARY THORNHILL SECRETARY R:\STAFFI:~T~OTRP.PC2 2115196 idb 34