HomeMy WebLinkAbout94_026 PC Resolution ATTACHMENT NO. 1
RESOLUTION NO. 94-26
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA94-0048 TO CONSTRUCT A 43,536
SQUARE FOOT BUILDING TO BE USE FOR AN
AUTOMOBILE DEALERSHIP ON A PARCEL
CONTAINING 4.0 ACRES LOCATED ON THE WESTERLY
SIDE OF YNEZ ROAD, APPROXIMATELY 800 FEET
SOUTHERLY OF THE INTERSECTION OF YNEZ ROAD
AND SOLANA WAY AND KNOWN AS ASSESSOR'S
PARCEL NO. 921-080-060
WHEREAS, Dennis Flynn, on behalf of Eric Gosch, filed Planning Application No.
PA94-0048 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. PA94-0048 was processed in the time and manner
prescribed by State and local law;
WHEREAS, the Planning Commission considered Planning Application No. PA94-0048
on August 1, 1994, 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, the Commission considered all facts
relating to Planning Application No. PA94-0048;
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 approving Planning Application No.
PA94-0048 makes the following findings:
A. Pursuant to Section 18.28, no Conditional Use 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 conditions as shall be necessary to protect the health, safety and general welfare
of the community.
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B. The Planning Commission, in approving proposed Planning Application No.
PA94-0048, makes the following specific findings, to wit:
(1) PA94-0048, Conditional Use Permit is consistent with the City's General
Plan due to the fact that the automobile dealership use is consistent with the General Plan Land
Use designation of Service Commercial.
(2) The proposed project is consistent with Ordinance No. 348 since it meets
all the requirements of Ordinance No. 348.
(3) The project as designed and conditioned will not adversely affect the public
health or general welfare of the community due to the fact that the project meets the criteria
prescribed under Ordinance No. 348, Sections 9.1 and 18.28.
(4) The proposal will not have an adverse effect on surrounding property,
because the use does not represent a significant change to the present or planned land use of the
area and the use is similar to the surrounding commercial uses.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
(9) 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.
C. As conditioned pursuant to Section 5, Planning Application No. PA94-0048, as
proposed, conforms to the logical development of its proposed site, and is compatible with the
present and future development of the surrounding property.
Section 3. Environmental Compliance. An Initial Study prepared for this project
indicates that although the proposed project could have a significant impact on the environment,
there will not be a significant effect in this case because the mitigation measures described in
the Conditions of Approval have been added to the project, and a Negative Declaration,
therefore, is hereby granted.
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Section 4. The Planning Commission in approving the certification of the Negative
Declaration of environmental impact under the provisions of the California Environmental
Quality Act, specifically finds that the apporval of this Conditional Use Permit will have a di
minimis impact on fish and wildlife resources. The Planning Commission specifically finds that
in considering the record as a whole, the project involves no potential adverse effect, either
individually or cumulatively, on wildlife as the same is defined in Section 711.2 of the Fish and
Game Code. This is based on the fact that this project provides "in-fill" development of a
vacant lot within a commercially developed area. The Planning Commission further finds that
Eric Gosch is the project proponent and located at the westerly side of Ynez Road,
approximately 800 feet south of the intersection of Ynez Road and Solana Way, Temecula,
California. The project includes the construction of a 43,536 square foot building to be used
for an automobile dealership and that all of the same are located in the County of Riverside.
Furthermore, the Planning Commission finds that an initial study has been prepared by the City
Staff and considered by the Planning Commission which has been the basis to evaluate the
potential for adverse impact on the environment and forms the basis for the Planning
Commission's determination, including the information contained in the public hearing records,
on which a Negative Declaration of environmental impact was issued and this di minimis finding
is made. In addition, the Planning Commission finds that there is no evidence before the City
that the proposed project will have any potential for an adverse effect on wildlife resources, or
the habitat on which the wildlife depends. Finally, the Planning Commission finds that the City
has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained
in 14 California Code of Regulations 753.5(d).
Section 5. Conditions. That the City of Temecula Planning Commission hereby
approves Planning Application No. PA94-0048 to construct a 43,536 square foot building for
an automobile dealership located on the westerly side of Ynez Road approximately 800 feet
southerly of the intersection of Ynez Road and Solana Way and known as Assessor's Parcel No.
921-080-060, subject to the following conditions:
A. Exhibit A, attached hereto.
Section 6. PASSED, APPROVED AND ADOPTED this lst day of August, 1994.
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41 STLIVENJ. FORD
CHAIRMAN
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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 1st day of
August, 1994 by the following vote of the Commission:
AYES: 3 PLANNING COMMISSIONERS: Fahey, Hoagland, Ford
NOES: 0 PLANNING COMMISSIONERS: None
ABSENT: 2 PLANNING COMMISSIONERS: Blair, Salyer
—� G Y THORNHILL
SECRETARY
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