HomeMy WebLinkAbout02_059 PC ResolutionPC RESOLUTION NO. 2002-059
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA DENYING PLANNING APPLICATION NO.
02-0223 A MINOR CONDITIONAL USE PERMIT 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 Planning Application No. 02-0223, in accordance with the
City of Temecula General Plan and Development Code; and
WHEREAS, Planning Application No.02-0223 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 Planning Application 02-0223 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 Minor
Conditional Use Permit; 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. Findinqs. The Planning Commission, in denying the request for a Finding
Public Convenience and Necessity hereby makes the following findings:
1. The proposed conditional use is not consistent with the general plan and the
development code.
The project has been reviewed for consistency with these documents and staff has
determined that the project is not consistent with the goals and policies contained within
the general plan and regulations within the Development Code. The Department
Alcoholic Beverage Control has determined that there is an over concentration of off-
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sale licenses in the subject Census Tract Number 0432. 16. There are currently 12 off
sale licenses in the Census Tract with only 5 allowed.
2. The proposed minor conditional use is not compatible with the nature, condition
and development of adjacent uses, buildings and structures and the proposed minor conditional
use will not adversely affect the adjacent uses, buildings or structures.
Although the existing mini market is consistent with the adjacent uses, it is not
compatible in the sense that it is an over concentration of businesses with current off-
sale licenses.
3. The nature of the proposed minor conditional use is detrimental to the health,
safety and general welfare of the community.
The project has been determined to be detrimental to the health, safety and general
welfare of the community in that the project would aggravate an already over
concentrated situation.
4. The decision to deny the application for a finding of Public Convenience or
Necessity and a minor conditional use permit is based on substantial evidence in view of the
record as a whole before the Planning Commission or City Council on appeal.
This application has been brought before the Planning Commission at a Public Hearing
where members of the public have had an opportunity to be heard on this matter before
the Commission renders her/his decision.
Section 3. 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
Section4. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 20th day of November 2002.
ATTEST:
Debbie Ubnoske, Secretary
{SEA1}
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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. 2002-059 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
thefollowing 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
bio Ubnoske, Secretary
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