HomeMy WebLinkAbout03_006 PC ResolutionPC RESOLUTION NO. 2003-006
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA DENYING PLANNING APPLICATION NO.
02-0567 A MINOR CONDITIONAL USE PERMIT TO OPERATE
A NIGHTCLUB TO INCLUDE A TYPE 48 LIQUOR LICENSE
(ON-SALE GENERAL-PUBLIC PREMISES), LIVE MUSIC,
DANCING, AND OTHER ENTERTAINMENT USES IN AN
EXISTING 4,860 SQUARE FOOT BUILDING 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 Planning Application No. 02-0567, in accordance
with the City of Temecula General Plan and Development Code; and
WHEREAS, Planning Application No.02-0567 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 Planning Application 02-0567 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 Minor
Conditional Use Permit hereby makes the following findings:
1. The proposed conditional use is 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 proposed project is not consistent with the goals and policies
contained within the General Plan and regulations within the Development Code. The
Development Code does not permit businesses selling alcoholic beverages to be located
within 500 feet of religious institutions. Two religious institutions are located within 500
feet of the proposed use. These churches did not exist at the time of the previous
granting of the CUP for this project. The proposed project does not meet the parking
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requirements as stated in Section 17.24.040 of the Development Code. The required
parking for a club with 4,636 square feet of gross assembly floor area is 140 off-street
parking spaces. The proposed project is providing 120 off-street parking spaces.
2. The proposed minor conditional use is 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.
The proposed Minor Conditional Use Permit has the potential to adversely affect the
adjacent uses, buildings or structures. The proposed use does not meet the off-street
parking requirements; overflow parking from the proposed use has the potential to
directly affect the adjacent properties. If there are not enough parking spaces available
on site, patrons of the proposed use may park at the adjacent properties without the
consent of the property owners.
3. The nature of the proposed minor conditional use is not 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.
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. PASSED, DENIED AND ADOPTED by the City of Temecula Planning
Commission this 29th day of January 2003.
Dennis Chiniaeff, Chair~.~.~
ATTEST:
Debl~'ie Ubnoske, Secretary
{SE~,.L}
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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. 2003-006 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:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
NOES: 0
ABSENT: 0
ABSTAIN: 1
Guerriero, Mathewson, Telesio and
Chairman Chiniaeff
None
None
Olhasso
DelJbie Ubnoske, Secretary
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