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HomeMy WebLinkAbout92_029 PC Resolution~ ATTACH34ENT NO. ! RESOLUTION NO. 92-029 A RESOLUTION OF TI~J PLANNING COMMISSION OF ~ CITY OF TEMECUI~ DENYING CONDITIONAL USE PERMIT NO. 18 TO PERMIT SALE OF BEER AND WINE IN AN EXISTING MOBIL SERVICE STATION LOCATED AT 29500 RANCHO CAI,II*ORNIA ROAD, ASSESSORS PARCEL NU1VIBER 921-320-016. Wltl. RF_a~, Mobil Oil Corporation filed Conditional Use Permit No. 18 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Conditional Use Permit application was processed in the time and manner prescribed by State and local law; WI~REAS, the Planning Commission considered said Conditional Use Permit on lune 1, 1992 at which time interested persons had an opportunity to testify either in support or opposition; WFIF. REAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Conditional Use Permit; NOW, TI~REFORE, ~ PLANNING COMMI,~SION OF ~ C1TY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section I. Findings. following f'mdings: That the Temecula Planning Commission hereby makes the A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty 00) 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: B. The city is proceeding in a timely fashion with the preparation of the general plan. 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 preparation of its General Plan. D. Pursuant to Sectioh 18.26(e), n0 Conditional Use Permit may be approved unless the applicant demonstrates the proposed use will not be detrimental to the health, safety and weffare of the community, and furdaer, that any Conditional Use Permit approved shall b~ subject to such conditions as shall be necessary to protect the health, safety and general weffare of the community. The planning Commi.qsion, ill denying the proposed Conditional Use Permit, makes the following findings, to wit: There is a reasonable probability that Conditional Use Permit No. 18 will be consistent with the City's future General Plan_ There is little or no probability of substantial detriment to or interference with the future adopted General Plan ff the proposed use or action is ultimately inconsistent with the Plan. The project, as proposed, will adversely affect the public health and weffare due to the proximity of the use to a church and park. There is a church within 150 feet of the Mobil Station that is proposing to sell beer and wine that operates as a church, sunday school and has after school programs for children. There is also a park associated with the Information Center which is within 100 feet of the Mobil Station which is utili:r~i by the public. Section H. Environmental Compliance. The project has been recommended for denial, therefore, no environmental determination has been prepared for this project. Section III. Conditions. The City of Temeeuia Planning Commission hereby denies Conditional Use Permit No. 18 for the sale of beer and wine in an existing Mobil Service Station located in the Rancho California Town Center at 29500 Rancho California Road, APN 921-320- 016. The project has been recommended for denial; therefore, no conditions have been prepared. Section IV. PASSED, DENm]~ AND ADOPTED this 1st day of June, 1992. I HI~Ry 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 June, 1992 by the following vote of the Commission: AYF_S: 3 NOF. S: 1 ABSTAIN: 1 PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: BLAIR, FAHEY, FORD HOAGLAND CHINIA~.I~F