HomeMy WebLinkAbout02_058 PC ResolutionPC RESOLUTION NO. 2002-058
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA DENYING A REQUEST FOR A FINDING
OF PUBLIC CONVENIENCE OR NECESSITY TO UPGRADE
THE CURRENT ALCOHOL BEVERAGE CONTROL (ABC)
LICENSE FROM A TYPE 20 (OFF SALE BEER AND WINE
LICENSE) TO A TYPE 21 (OFF-SALE GENERAL LICENSE)
LOCATED IN THE MORAGA PLAZA AT 29762 RANCHO
CALIFORNIA ROAD ON THE NORTH SIDE OF RANCHO
CALIFORNIA ROAD, BETWEEN LYNDIE LANE AND MORAGA
ROAD KNOWN AS ASSESSOR'S PARCEL NO. APN 921-310-
022.
WHEREAS, Jalal Zora, filed a request for a Finding of Public Convenience and
Necessity, in accordance with the City of Temecula General Plan and Development Code; and
WHEREAS, the request for a Finding of Public Convenience and Necessity was
processed including, but not limited to public notice, in the time and manner prescribed by State
and local law; and
WHEREAS, the application was processed in accordance with the California
Environmental Quality Act; and
WHEREAS, the Planning Commission held a duly noticed public hearing on November
20, 2002 to consider the application; and
WHEREAS, the Planning Commission considered the request for a Finding of Public
Convenience and Necessity at a duly noticed public hearing as prescribed by law, at which time
the City staff and interested persons had an opportunity to and did testify either in support or in
opposition to this matter; and
WHEREAS, at the conclusion of the Planning Commission and after due consideration
of the staff report and public testimony, the Planning Commission denied the request for a
Finding Public Convenience or Necessity; and
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 and are hereby
incorporated by reference.
Section 2. Findings. The Planning Commission, in denying the request for a Finding
Public Convenience or Necessity hereby makes the following findings:
Criteria to Justify Makinq a Findinq of Public Convenience or Necessity
Q: Does the proposed establishment have any unique features, which are not found in
other similar uses in the community (i.e. types of games, types of food, other special
services)?
R:',M C U P',2002~02-0223 Stop Quick Mini Mart\Staff Report. doc
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A:
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The application does not meet this criteria. Stop Quick Mini-Mart offers packaged,
refrigerated and frozen foods and beer and wine typically found in most convenience
stores throughout Southwest Riverside County. Therefore, their business does not fill a
market niche not currently occupied by other license holders in the City.
Does the proposed establishment cater to an under-served population (i.e. patrons of a
different socio-economic class)?
The application does not meet this criteria. Stop Quick Mini Mart is expected to serve all
socio-economic classes. Products sold by Stop Quick Mini Mart offer no specialty type
items such as are found in health food stores and specialty stores. Stop Quick Mini Mart
offers food items typically found in grocery stores and other convenience markets.
Would the proposed mode of operation of the proposed establishment (i.e. sales in
conjunction with gasoline sales, tours, etc.) be unique or differ from that of other
establishments in the area?
The application does not meet this criteria. Sales are anticipated to be typical of market
operations.
Are there any geographical boundaries (i.e. rivers, hillsides) or traffic barriers (i.e.
freeways, major roads, major intersections) separating the proposed establishment from
other establishments?
The application does not meet this criteria. The shopping center, in which Stop Quick
Mini Mart is located, is in an area, which is fully urbanized and is bordered by major
roadways such as Rancho California Road to the south and Lyndie Lane to the west.
Is the proposed establishment located in an area where there is a significant influx of
population during certain seasonal periods?
The application does not meet this criteria. Population in the area is expected to be
seasonally stable, but increasing as the adjacent multi-family and single-family
residential areas continue to attract development.
Is there a proliferation of licensed establishments within the Census Tract of the
proposed establishment?
The application will worsen the proliferation. According to the Department of Alcohol
Beverage Control there is currently an over concentration of (7) off-sale licenses within
the subject Census Tract (0432.16). Specifically ABC has determined there are
currently (12) off-sale licenses with only 5 allowed.
Are there any sensitive uses (i.e., schools, parks, hospitals, churches) in close proximity
(500 feet) to the proposed establishment?
The application does not comply with mandatory spacing requirement for sensitive uses,
but is a pre-existing legal non-conforming use.
Would the proposed establishment interfere with these sensitive uses?
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A;
Q:
The application meets this criteria. The Department of Alcohol Beverage Control has
concluded that the proposed use would not interfere with the Kindercare Day Care
Center or the Church facility.
Would the proposed establishment interfere with the quiet enjoyment of their property by
the residents of the area?
A: The application meets this criteria. It is unlikely that the license upgrade proposed for
Stop Quick Mini-market will interfere with residents east and north of the area.
Residences are beyond 500 feet of the shopping center in which the licensee currently
operates.
Q: Will the proposed establishment add to/aw enforcement problems in the area ?
A: The application can comply with this criteria. The City of Temecula Police Department
has reviewed the application for an upgrade from a Type 20 to a Type 21 license and
approved the change on April 30, 2002. (See attached Exhibit)
Section3. Environmental Compliance. A Notice of Exemption for Planning
Application No. 02-0223 was made per the California Environmental Quality Act Guidelines,
Section 15270 (Projects Which Are Disapproved). This section applies when a public agency
rejects or disapproves the proposed project
Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 20th day of November 2002.
Chini
A'I-I'EST:
Debbie Ubnoske, Secretary
{SEAL}
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STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that PC Resolution No. 2002-058 was duly and regularly adopted by the Planning Commission
of the City of Temecula at a regular meeting thereof held on the 20th day of November, 2002, by
the following vote:
AYES: 3
NOES: 2
ABSENT: 0
ABSTAIN: 0
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
Guerriero, Mathewson and Olhasso
Telesio and Chairman Chiniaeff
None
None
Debbie Ubnoske, Secretary
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FORM PER SECTION 23958.4
for Off Sale, On Sale Beer and Public Premises Licenses
LICENSE TYPE: ~.,/~E o7l oFF- g/tLt; Lt ~gd~' Ltr,~/~g~-
TYPE O1~ BUSINESS (i.e. Bar, Store Gas Station, etc.):
CRIME REPORTING DISTRICT ~ [ {3C~ tx.~z~_/~p---~o-gW
NUMBER OF LICENSES ALLOWED ~' ' NUMBER EXISTING
DISTRICT AVERAGE X 120% = = ItlGH CRIME (20% average)
CRIMES IN THIS REPORTING DISTRICT b4 [~"' BEAT MAP NO.
If the above premises are lo'cated in an area which has an over concentration of alcoholic beverage
licenses and/or a higher than average crime rate as defined in Section 23958.4 of the Business and
Professions Code, contact City/County official for completion of this form.
(This section to be completed by City/County Official) ~
4; WILL PUBLIC CONVENIENCE OR NECESSITY BE SERVED BY ISSUANCE OF THIS
BEVERAGE LICENSE?
( / ) YES ( ) NO
Name of City/County Official
6q to
Phone Number
~i~fiamre of City/Council Officml D~e/30/o 7.
Under the penalty of perjury, I declare the information in this affidayit is tree to the best of my knowledge. I acknowledge that any
fale or misleading information will constitute grounds for denial of the appliction for the license or if the license is issued in reliance
affidavit which is false or misleading, then such information will constitute grounds for revOCation of the'
APPLICANTS: SIGNATURE: _ . ATE: ~- 3v-.~O~Z
(Please Print)
APPLICANTS NAME:
MAILING ADDRESS:
OFFICIALS:
MAIL COMPLETED FORM TO: 1350 Front St., Room #5056, San Diego, CA 92101
San Diego, CA 92101