HomeMy WebLinkAbout03_005 PC ResolutionPC RESOLUTION NO. 2003-005
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA DENYING A REQUEST FOR A FINDING
OF PUBLIC CONVENIENCE OR NECESSITY FOR A TYPE 48
LIQUOR LICENSE (ON-SALE GENERAL-PUBLIC PREMISES)
FOR THE EDGE NIGHTCLUB LOCATED AT 28822 OLD TOWN
FRONT STREET, UNIT NO. 203 KNOWN AS ASSESSOR'S
PARCEL NO. APN 922-093-003.
WHEREAS, Ronald M. Hanna, filed a request for a Finding of Public Convenience or
Necessity, in accordance with the City of Temecula General Plan and Development Code; and
WHEREAS, the request for a Finding of Public Convenience or 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 January 29,
2003 to consider the application; and
WHEREAS, the Planning Commission considered the request for a Finding of Public
Convenience or 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. Findinqs. 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)?
A:
The application meets this criteria. In the statement of operations the applicant has
stated, '1he scope of the proposed project will encompass musical groups, comedians,
disc jockeys, karaoke, magicians, spoken word artists, and other culturally diverse
R:\M C U P~002\02-0567 Edge Nightclub\Staff Report.doc
9
Q:
A:
Q:
A:
A:
Q:
A:
Q;
A;
Q:
A:
e..
artistic presentations." These are types of entertainment that are not currently provided
in other similar establishments.
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. The Edge Nightclub is expected to serve all
socio-economic classes.
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
nightclub 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. An existing nightclub, the Stampede, is
located less than one mile away from the proposed Edge Nightclub.
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.
Is there a proliferation of licensed establishments within the Census Tract of the
proposed establishment?
According to the Department of Alcohol Beverage Control there is currently an over
concentration of (43) on-sale licenses within the subject Census Tract (432.15).
Specifically ABC has determined there are currently (46) on-sale licenses with only 3
allowed.
Are there any sensitive uses (i.e., schools, parks, hospitals, churches) in close proximity
(500 feet) to the proposed establishment?
Currently two churches are located within the 500 feet of the proposed site.
Would the proposed establishment interfere with these sensitive uses?
The proposed establishment could possibly interfere with the two churches. Both
churches are currently conditionally permitted to hold bible studies on Wednesday
evenings as late as 9:00 PM. The proposed establishment is requesting to be open on
Wednesday nights from 6:00 PM until 2:00 AM.
Would the proposed establishment interfere with the quiet enjoyment of their property by
the residents of the area?
R:\M C U P~2002~02-0567 Edge Nightclub\Staff Report.doc
10
A:
The proposed establishment could potentially generate noise pollution that would affect
the residents to the east across the freeway. Should this occur the City would pursue
the noise as a part of its nuisance abatement procedures.
Q: Will the proposed establishment add to law enforcement problems in the area?
A:
The applicant in his statement of operations stated that the Edge Nightclub would
implement a designated driver program, would provide alcoholic beverage training for
staff and would work closely with law enforcement and city government to ensure a safe
secure environment and positive implementation for this phase of the business.
Section3. Environmental Compliance. A Notice of Exemption for Planning
Application No. 02-0567 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.
Commission this 29th day of January 2003.
PASSED, DENIED AND ADOPTED by the City of Temecula Planning
ATTEST:
Debbie Ubnoske, Secretary
:{SEAL}- -' '
:STATE OF CA~EIFOI~'Ni)~ )
-COU'-NTY OF RIVERS~DE )ss
~ITY OF TEMECU. IJ~'~ )
I, Debbie.Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that PC Resolution No. 2003-005 was duly and regularly adopted by the Planning Commission
of the City of Temecula at a regular meeting thereof held on the 29th day of January, 2003, by
the following vote:
AYES: 4
PLANNING COMMISSIONERS:
Guerriero, Mathewson, Telesio and
Chairman Chiniaeff
NOES:
0 PLANNING COMMISSIONERS: None
ABSENT: 0 PLANNING COMMISSIONERS: None
ABSTAIN: 1 PLANNING COMMISSIONERS: Olhasso
Debbie Ubnoske, Secretary
R:\M C U P~002\02-0567 Edge Nightclub\Staff Report.doc
11