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HomeMy WebLinkAbout061709 PC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II]. AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JUNE 17, 2009 - 6:00 PM Next in Order: Resolution: 2009-08 CALL TO ORDER: Flag Salute: Commissioner Harter Roll Call: Carey, Chiniaeff, Guerriero, Harter, and Telesio PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Commission on items that are not listed on the Agenda. Speakers are limited to three minutes each. If you desire to speak to the Commission about an item not on the Agenda, a salmon colored "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary prior to the Commission addressing that item. There is a three-minute time limit for individual speakers. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action.. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of May 20, 2009 2 Director's Hearing Summary Report RECOMMENDATION: 2.1 Receive and File the Director's Hearing Summary Report PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee. 3 Planning Application No. PA09-0157, a Conditional Use Permit and Planning Application No. PA09-0156 a Finding of Public Convenience and Necessity for a proposed 7-11 Convenience Market with a Type 21 (off-sale beer and wine) ABC license occupying 3,016 square feet of retail located in an existing building at the northwest corner of Winchester and Ynez Roads, addressed as 41125 Winchester Road, Suite A3, Cheryl Kitzerow/Matt Peters RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION NO. 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NOS. PA09-0156 AND PA09-0157, A CONDITIONAL USE PERMIT FOR A 7-11 CONVENIENCE MARKET AND TYPE-20 ABC LICENSE FOR THE INCIDENTAL SALE OF BEER AND WINE, WITH AN ASSOCIATED FINDING OF PUBLIC CONVENIENCE OR NECESSITY, LOCATED WITHIN AN EXISTING SHOPPING CENTER AT THE NORTHWEST CORNER OF YNEZ AND WINCHESTER ROADS, ADDRESSED AS 41125 WINCHESTER ROAD SUITE A-3 (APN 910-281-003) REPORTS FROM COMMISSIONERS ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, July 15, 2009, 6:00 PM City Council Chambers, 43200 Business Park Drive, Temecula, California. NOTICE TO THE PUBLIC - The agenda packet (including staff reports) will be available for viewing at City Hall's Planning Department Public Counter located at 43200 Business Park Drive and at the Temecula Library located at 30600 Pauba Road during normal business hours. Additionally, any supplemental material distributed to a majority of the Commissioners regarding any item on the Agenda, after the posting of the Agenda, will be available for public review at the locations indicated above. The packet will be available for viewing the Friday before the Planning Commission meeting after 4:00 p.m. You may also access the packet the Friday before the meeting after 4:00 p.m. on the City's website at www.cityoftemecula.org. ITEM 1 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE MAY 20, 2009 - 6:00 PM Next in Order: Resolution: 2009-08 CALL TO ORDER: Flag Salute: Commissioner Harter Roll Call: Carey, Chiniaeff, Guerriero, Harter, and Telesio ABSENT: GUERRIERO CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 Approve the Minutes of May 6, 2009 APPROVED 4-0-1, MOTION BY COMMISSIONER CHINIAEFF, SECOND BY COMMISSIONER CAREY; VOICE VOTE REFLECTED APPROVAL, GUERRIERO ABSENT Director's Hearing Summary Report RECOMMENDATION: 2.1 Receive and File the Director's Hearing Summary APPROVED 4-0-1, MOTION BY COMMISSIONER CHINIAEFF, SECOND BY COMMISSIONER CAREY; VOICE VOTE REFLECTED APPROVAL, GUERRIERO ABSENT COMMISSION BUSINESS Long Range Planning Project Number LR09-0014, Capital Improvement Program General Plan Consistency APPROVED 4-0-1, MOTION BY COMMISSIONER CHINIAEFF, SECOND BY COMMISSIONER CAREY; VOICE VOTE REFLECTED APPROVAL, GUERRIERO ABSENT RECOMMENDATION: 3.1 Finding of Consistency with the General Plan Planning Application Number PA08-0004, a Conditional Use Permit/Antenna Facility Application for Verizon Wireless to co-locate two additional antenna arrays for a total of three antenna arrays on an existing wireless monopine cell tower, located within a fence enclosure on a 5.9 acre site owned by Rancho California Water District on the east side of Meadows Parkway approximately 1000 feet north of Rancho California Road, Betsy Lowrey APPROVED 4-0-1, MOTION BY COMMISSIONER TELESIO, SECOND BY COMMISSIONER CHINIAEFF; VOICE VOTE REFLECTED APPROVAL, GUERRIERO ABSENT RECOMMENDATION: 4.1 Adopt a resolution entitled: PC RESOLUTION NO. 09-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0004, A CONDITIONAL USE PERMITIANTENNA FACILITY APPLICATION FOR VERIZON TO RECONSTRUCT AN EXISTING WIRELESS 68-FOOT CELLULAR MONOPINE AND CO-LOCATE TWO ADDITIONAL ANTENNA ARRAYS FOR A TOTAL OF THREE ANTENNA ARRAYS, REPLACE ALL 53 EXISTING BRANCHES WITH ENHANCED BRANCHES/FOLIAGE AND ADD 37 ADDITIONAL BRANCHES, PROVIDE ADDITIONAL LANDSCAPING INCLUDING TREES AND VINES TO SCREEN THE PROJECT AND RELATED EQUIPMENT LOCATED WITHIN A FENCED ENCLOSURE, LOCATED ON A 5.9 ACRE SITE OWNED BY RANCHO CALIFORNIA WATER DISTRICT, ON THE EAST SIDE OF MEADOWS PARKWAY APPROXIMATELY 1000 FEET NORTH OF RANCHO CALIFORNIA ROAD AT 41280 PLACER LAFITE, FORMERLY 31008 RANCHO CALIFORNIA ROAD (APN 953-390-002) Planning Application Number PA08-0149, a Conditional Use Permit/Antenna Facility Application for AT&T to replace an existing Monopole (pole) with a newly constructed Monopine (tree) antenna tower and co-locate an additional antenna array for a total of two antenna arrays, located within a wall/fence enclosure on a 5.9 acre site owned by Rancho California Water District on the east side of Meadows Parkway approximately 1000 feet north of Rancho California Road, Betsy Lowrey APPROVED 4-0-1, MOTION BY COMMISSIONER TELESIO, SECOND BY COMMISSIONER CAREY; VOICE VOTE REFLECTED APPROVAL, GUERRIERO ABSENT RECOMMENDATION: 5.1 Adopt a resolution entitled: PC RESOLUTION 09-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0149, A CONDITIONAL USE PERMIT/ANTENNA FACILITY APPLICATION FOR AT&T TO REPLACE AN EXISTING WIRELESS 50-FOOT CELLULAR MONOPOLE WITH A NEWLY CONSTRUCTED AESTHETICALLY ENHANCED 65-FOOT WIRELESS CELLULAR MONOPINE (FAUX PINE TREE), CO-LOCATE AN ADDITIONAL ANTENNA ARRAY FOR A TOTAL OF TWO ANTENNA ARRAYS, AND PROVIDE ADDITIONAL LANDSCAPING INCLUDING TREES AND VINES TO SCREEN THE PROJECT AND RELATED EQUIPMENT LOCATED WITHIN A FENCE AND WALL ENCLOSURE, LOCATED ON A 5.9 ACRE SITE OWNED BY RANCHO CALIFORNIA WATER DISTRICT, ON THE EAST SIDE OF MEADOWS PARKWAY APPROXIMATELY 1000 FEET NORTH OF RANCHO CALIFORNIA ROAD AT 41280 PLACER LAFITE, FORMERLY 31008 RANCHO CALIFORNIA ROAD (APN 953-390-002) 6 CONTINUED FROM MAY 6, 2009 MEETING: Long Range Planning Project Number LR09-0007, an Ordinance to amend the Temecula Municipal Code to allow the safe, effective and efficient use of small wind energy conversion systems installed within commercial and residential zoning districts to reduce on site consumption of utility supplied electricity (requested by Mayor Edwards), Dale West APPROVED AS AMENDED 4-0-1, MOTION BY COMMISSIONER CHINIAEFF, SECOND BY COMMISSIONER TELESIO; VOICE VOTE REFLECTED APPROVAL, GUERRIERO ABSENT RECOMMENDATION: 6.1 Adopt a resolution entitled: PC RESOLUTION 09-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE ESTABLISHING CITYWIDE STANDARDS FOR SMALL WIND ENERGY CONVERSION SYSTEMS IN VARIOUS ZONING DISTRICTS WITHIN THE CITY OF TEMECULA" (LONG RANGE PLANNING PROJECT NO. LR09-0007) REPORTS FROM COMMISSIONERS CITY PLANNER REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, June 17, 2009, 6:00 PM City Council Chambers, 43200 Business Park Drive, Temecula, California. Stanley Harter Chairman Patrick Richardson City Planner 3 ITEM 2 CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: Planning Commission FROM: Patrick Richardson, City Planner DATE: June 17. 2009 SUBJECT: Director's Hearing Summary Report Planning Director's Agenda items for May 2009 Date Case No. Proposal Applicant Action May 21, 2009 PA09-0101 A Conditional Use Permit and Otto and Nancy APPROVED Certificate of Historic Appropriate- Baron ness for the operation of a for-profit museum with associated museum gift shop within the historic Arviso House located at 28673 Pujol Street May 28, 2009 PA09-0124 A Tentative Parcel Map (36203) to JRN Engineering APPROVED subdivide 10.93 acres into two lots located at 27635 Diaz Road Attachment: Action Agendas ACTION AGENDAS ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING MAY 21, 2009 1:30 P.M. TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: Patrick Richardson, City Planner PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the City Planner on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the City Planner about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the City Planner. When you are called to speak, please come forward and state your name and address. Item No. 1 Project Number: Project Type: Project Title: Applicant: Project Description: Location: Environmental Action: Project Planner: ACTION: 1:30 p.m. PA09-0101 and PA07-0303 Conditional Use Permit and Certificate of Historic Appropriateness Baron Heritage Ranch CUP Otto and Nancy Baron A Conditional Use Permit and Certificate of Historic Appropriateness for the operation of a for-profit museum with associated museum gift shop within the historic Arviso House 28673 Pujol Street CEQA Categorically Exempt per Section 15332, Class 32 In-Fill Development Projects Cheryl Kitzerow/Matt Peters APPROVED The agenda packet (including staff reports) will be available for viewing at City Hall's Planning Department Public Counter located at 43200 Business Park Drive and at the Temecula Library located at 30600 Pauba Road during normal business hours. The packet will be available for viewing the Friday before the Director's Hearing after 4:00 p.m. You may also access the packetthe Friday before the meeting after 4:00 p.m. on the City's website at www.cityoftemecula.org. ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING MAY 28, 2009 1:30 P.M. TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: Patrick Richardson, City Planner PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the City Planner on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the City Planner about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the City Planner. When you are called to speak, please come forward and state your name and address. Item No. 1 Project Number: Project Type: Project Title: Applicant: Project Description: Location: Environmental Action: Project Planner: ACTION: 1:30 p.m. PA09-0124 Tentative Parcel Map Temecula Recycling TPM JRN Engineering for The Garrett Group A Tentative Parcel Map 36203 to subdivide 10.93 acres into two lots (3.4 and 7.1 acres) 27635 Diaz Road CEQA Categorically Exempt per Section 15315, Class 15 Minor Land Division Cheryl Kitzerow/Matt Peters APPROVED The agenda packet (including staff reports) will be available for viewing at City Hall's Planning Department Public Counter located at 43200 Business Park Drive and at the Temecula Library located at 30600 Pauba Road during normal business hours. The packet will be available for viewing the Friday before the Director's Hearing after 4:00 p.m. You may also access the packet the Friday before the meeting after 4:00 p.m. on the City's website at www.cityoftemecula.org. ITEM 3 STAFF REPORT- PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: June 17, 2009 PREPARED BY: Matt Peters/Cheryl Kitzerow, Case Planner APPLICANT NAME: Gregory Hann PROJECT Planning Application Numbers PA09-0156 and PA09-0157, a SUMMARY: Conditional Use Permit for a 7-11 convenience market and Type-20 ABC license for the incidental sale of beer and wine, with an associated Finding of Public Convenience or Necessity located within an existing shopping center at the northwest corner of Ynez and Winchester Roads, addressed as 41125 Winchester Road Suite A-3 CEQA: Categorically Exempt Section 15301, Class 1 Existing Facilities RECOMMENDATION: Approve with Conditions BACKGROUND SUMMARY On April 21, 2009, Gregory Hann submitted Planning Application No. PA09-0156, requesting that the City of Temecula Planning Commission make a Finding of Public Convenience or Necessity for 7-11 to sell beer and wine, in conjunction with Planning Application No. PA09- 0157, a Conditional Use Permit for a convenience market with the incidental sale of alcohol (Type-20 license, off-sale beer and wine) in the Community Commercial Zone addressed as 41125 Winchester Road. The proposed 7-11 convenience store will occupy 3,016 square feet of existing retail space. Proposed hours of operation will be 24 hours a day, seven days a week. The proposed convenience store will sell snack items, groceries, and beer and wine for off premise consumption. Hours for alcohol sales will be from 6 a.m. to 2 a.m., seven days a week. A detailed Statement of Operations and Letter of Justification have been attached. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS Per the City's Development Code, both a convenience market and the incidental sale of alcohol require a conditional use permit. The proposed 7-11 market will be located within an existing suite at the Rancho Crossroads Plaza at the northwest corner of Ynez and Winchester Roads. No exterior changes to the building are proposed (with the exception of signage under a separate permit). The site layout and parking of the existing shopping center is consistent with the City's Development Code. Access to the site is taken from two separate driveways off Winchester Road and Ynez Road. The parking for the site meets the required parking as per the City's Development Code requirements. Vehicular access currently exists throughout the shopping center parking lot. The existing driveway between the shopping center and Carl's Jr. provide vehicular access to the building. The CC&Rs, established in 1998, will allow for vehicular circulation across the property lines. The Supplemental Development Standards also require that the alcohol selling use be at least 500 feet away from sensitive uses (schools, parks, religious institution); however, this requirement shall not apply when the alcohol-selling business and the church, school or park are both located within commercial or industrial zones. Although there is a Riverside County Continuation School located within the same center as the proposed 7-11, the separation requirements are not applicable to this use. The nearest sensitive use outside a commercial or industrial zone is Harveston Sports Park, which is located approximately 2,500 feet from the proposed use. The California Department of Alcohol Beverage Control (ABC) considers the Census Tract in which the project site is located to be "over-concentrated" in off-sale licenses. For this reason, Public Convenience or Necessity findings will be required. In order for the Finding of Public Convenience or Necessity to be made, the proposed use must be compatible with the surrounding land uses and not result in an excessive number of similar establishments in close proximity. Staff has determined that the incidental sale of beer and wine at the 7-11 market is a compatible and consistent land use when compared to the other commercial retail type businesses in the Rancho Crossroads Plaza and surrounding area. As provided by the State of California Department of Alcohol and Beverage Control, the census tract is considered over- concentrated when there are more than three "Off Sale" licenses. Currently, there are eight active licenses within census tract 0432.10. These licenses are for off-sale Type-20 and Type- 21 permits for three gas stations, three grocery stores, Sam's Club warehouse store, and a gift packaging business. These businesses are dispersed throughout the tract located off Winchester Road, Ynez Road and Murrieta Hot Springs Road. A ninth license (for 7-11) in the census tract for off-sale at a convenience market would not result in an excessive number of similar establishments. Another license would result in added convenience for patrons of the Rancho Crossroads Plaza. The Police Department reviewed the proposal and approves the project subject to conditions prohibiting the sale of alcohol between the hours of 2 a.m and 6 a.m. (PD-7). The PD also included a special condition requiring at least 2 employees on duty at the 7-11, 1 hour before opening and 2 hours after closing of the school located in the same center (PD-12). LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on June 6, 2009 and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1 Existing Facilities). The request for a Minor Conditional Use Permit and Finding of Public Convenience or Necessity for a Type-20 (Off-sale Beer and Wine) at a proposed 7-11 convenience market will be 2 conducted within an existing building in a developed retail shopping center All access and public utilities are available to the site. The proposed use with issuance of a CUP is in conformance with all zoning requirements of the Development Code. FINDINGS Conditional Use Permit (Development Code Section 17.04.010E) The proposed conditional use is consistent with the General Plan and the Development Code. The proposed 7-11 market is a conditionally permitted use in the Community Commercial zone. The proposed use is consistent with the City of Temecula General Plan which specifies that the Community Commercial (CC) designation includes retail, professional office, and service oriented business activities serving the entire community. The 7-11 convenience market is proposed within an existing shopping center. The sale of alcohol is an incidental use to the market. Development Code Section 1710.020.B.2 allows for the incidental sale of alcoholic beverages in conjunction with an otherwise allowable use as a permitted use, unless such primary uses are otherwise conditionally permitted by another provision of this Title. Since the 7-11 convenience market requires a Conditional Use Permit, so does the incidental sale of alcohol. Planning Application No. PA09-015, a request for a CUP for 7-11, is being processed concurrently with this PCN request (PA09-0156). The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures. The 7-11 convenience market is proposed in an existing building in a shopping center within the Community Commercial zone. The conditional use has also been reviewed by the City of Temecula Fire, Building and Safety, Public Works and Police Department to ensure sale of alcohol will operate safely and not affect any adjacent uses, buildings or structures. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The site for the conditional use is adequate in size and shape to accommodate the yards, walls, fences, loading facilities, buffer areas, landscaping and other development features described in the City of Temecula Development Code as well as other governing regulations. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The proposed project is consistent with the requirements outlined in Chapter 17 04.010 of the City of Temecula's Development Code. The City of Temecula Planning, Fire, Building and Safety, Public Works and Police Departments have reviewed this Conditional Use Permit and determined that it will not be detrimental to the health, safety and welfare of the community as conditioned. In addition, the Riverside County Department of Environmental Health has also reviewed and conditioned the project. That the decision to conditionally approve the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission. The decision to conditionally approve the application has been based on substantial evidence in view of the record as a whole. Public Convenience or Necessity (Development Code Section 17.10.020.6.5) Is the proposed use consistent with the General Plan and the Development Code? The proposed 7-11 market is a conditionally permitted use in the Community Commercial zone. The proposed use is consistent with the City of Temecula General Plan which specifies that the Community Commercial (CC) designation includes retail, professional office, and service oriented business activities serving the entire community. The 7-11 convenience market is proposed within an existing shopping center. The sale of alcohol is an incidental use to the market. Development Code Section 17.10.020.B.2 allows for the incidental sale of alcoholic beverages in conjunction with an otherwise allowable use as a permitted use, unless such primary uses are otherwise conditionally permitted by another provision of this Title. Since the 7-11 convenience market requires a Conditional Use Permit, so does the incidental sale of alcohol. Planning Application No. PA09-015, a request for a CUP for 7-1, is being processed concurrently with this PCN request (PA09-0156). Is the proposed use compatible with the nature, condition and character of the adjacent land uses? The 7-11 convenience market is proposed in an existing building in a shopping center within the Community Commercial zone. This center also includes a Carl's Jr. Restaurant, Kragen Autoparts, Riverside County Continuation School, Temecula Pawn and Coin, two vacant units and other retail and restaurant uses. The incidental sale of beer and wine at a convenience market is compatible with the nature, condition and character of adjacent land uses. Will the proposed use have an adverse affect on adjacent land uses? It is not anticipated that the proposed use will have an adverse affect on adjacent land uses, as all of the adjacent land uses are primarily commercial retail type uses, and the proposed project is anticipated to add to the convenience and diversity of uses located within the center. Would the proposed use result in an excessive number of similar establishments in close proximity? With regard to the over concentration of existing licenses in the census tract, three licenses are allowed before census tract 0432.10 is considered to be over-concentrated by ABC's standards. Eight licenses currently exist for three gas stations, three grocery stores, Sam's Club warehouse store, and a gift packaging business. These businesses are dispersed throughout the tract located off Winchester Road, Ynez Road and Murrieta Hot Springs Road. A ninth license (for 7- 11) in the census tract for off-sale at a convenience market would not result in an excessive number of similar establishments in close proximity. ATTACHMENTS Vicinity Map 500-Foot Sensitive Buffer Map Plan Reductions PC Resolution Exhibit A - Draft Conditions of Approval Statement of Operations Statement of Justification Notice of Public Hearing S cl) \~R° UQ a H4ESTQ J i iw- j t o Y PSP ~ F~NKF ,p1 Q < S ORT . / hpa ~ •u~T ct, ~R ,ff f r t ~ ~E yESTONDR GSyA O T GAS ti ryoa ~ `:Y 1 f f i ! \ Project Site f f f v } ! F \ D{{DR O\t ~ } 4 9 ( ~ J t 1 1 ~ r1 - 1 ~ 7 - - - } i } i,.,.-"•`0 500 1,000 2,000 L NLAiCF P R PA09-0157 ~ARVESTON COMMUNITY PAR l ~rTYI1R r E r ,,r N # ovens fn F lfow~ Ge at ns / r' J ~X r r'te' ~ ~ ~ _ 1 r f r,,r \ 1 -...,,rl r j i\ \ l l I~ Gr Fell ip \ slo' Asse 90 A ~ away C rah taf zarene , BRE TESS ~js O I r ofTel';&C laValley \ \1 \l / J P ple's Chu of the'" 'l C'_~',-~~ Legend alas EastemOrth dox - i 1 ' New if bema 0 500-Foot Buffer ld Religious Facilities Q> L FC EAG G ~ T CH L Shp 's Footste Into inist' Parks r y v~ t Schools h rMou View Commune C ^Y¢f{ \ i 1 t ~ City Boundary f \ \ - o 375 750 1,500 N Faet\ 4 9 MA9Y OF 30A W U9EB MO PA9F MOLfiEAEHIH co+~b n stied (x a vm.ven maul _ m mu ~~arin. ~1'swl i. 1 warye ~ av a n l uxnmi Pe{ te ~ rs nn {r ) :wmi {:.:ml c wen v.:mu xnvu u••n•: u:.:(~livl - . ~ e u...a nwi (rml zpawY 0-1 B4 FX! gBLLO IOB \ \ &9s 6~ B-a I e-an e s Bb a-J I &8 B5 A-1 8 L Ewsrta BlRl%Nf:A 51 ss AQ qV' FSOP0 Ma OF WOFK wnsmmon I a rr >a I a, I C-1 9%61N] manrro c I L WINCHESTER ROAD SITE PLAN 911E DATA i mim mmi yr • - ~eMOx immwuum OW mama x MIR m v: {p s~) asc-ius Q swMkeeaa~s:l~wer.daw~ SCOPE OF WO1tlC m JY sss+ ss ro ra ss raviuarw. OF OfiAWNCS W ry l1J r w W v am won nwv J V a W Z w N W } VK.m MAP AS 1 `:1~ EXISTING SOUTH ELEVATION V su,e /.-gib :1 EXISTING EAST ELEVATION EXISTING WEST ELEVATION rrml Lm 4 O zk"pp LL v) >W. w LL) U H 3 iLf N ti ti i 0 w F N W U Z 3 r I 1 I I I I I I I I I I I, ~YNNEZ RD n /1020484 Floor Plan -C pL SC: 1/8"=1' LAYOUTINFORMAT ION i DESCRIPTION CITY ROLLER GRILLS 2 SANDWICH CASE EXt CID VAULTDOORS 12 LOW'.TEAF DOORS 2 ICE hERCHANDISER 1 NOVELTY CASE 1 BAKERY CASES. 2 SLURPEE BARRELS 6 GONDOLA T-UNITS 40 END CAPS 5 HlGHWALLS 0 TOTAL= 45 ~ TOTAL SO FT 2893 SELLING FLOORSQ FT 2077 PC RESOLUTION NO. 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NOS. PA09-0166 AND PA09-0167, A CONDITIONAL USE PERMIT FOR A 7-11 CONVENIENCE MARKET AND TYPE-20 ABC LICENSE FOR THE INCIDENTAL SALE OF BEER AND WINE, WITH AN ASSOCIATED FINDING OF PUBLIC CONVENIENCE OR NECESSITY, LOCATED WITHIN AN EXISTING SHOPPING CENTER AT THE NORTHWEST CORNER OF YNEZ AND WINCHESTER ROADS, ADDRESSED AS 41125 WINCHESTER ROAD SUITE A-3 (APN 910-281- 003) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On April 21, 2009, Gregory Hann, filed Planning Application Nos. PA09- 0157 Conditional Use Permit Application and PA09-0156 Finding of Public Convenience or Necessity Findings Application in a manner in accord with the City of Temecula General Plan and Development Code. B. The Applications were processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Applications and environmental review on June 17, 2009, 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. D. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application Nos. PA09-0157 and PA09-0156 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Conditional Use Permit (Development Code Section 17.04.010E) A. The proposed conditional use is consistent with the General Plan and the Development Code; The proposed 7-11 market is a conditionally permitted use in the Community Commercial zone. The proposed use is consistent with the City of Temecula General Plan which specifies that the Community Commercial (CC) designation includes retail, professional office, and service oriented business activities serving the entire community. The 7-11 convenience market is proposed within an existing shopping center. The sale of alcohol is an incidental use to the market. Development Code Section 17.10.020.B.2 allows for the incidental sale of alcoholic beverages in conjunction with an otherwise allowable use as a permitted use, unless such primary uses are otherwise conditionally permitted by another provision of this Title. Since the 7-11 convenience market requires a Conditional Use Permit, so does the incidental sale of alcohol. Planning Application No. PA09-0157, a request for a CUP for 7-11, is being processed concurrently with this PCN request (PA09-0156). B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures; The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures. The 7-11 convenience market is proposed in an existing building in a shopping center within the Community Commercial zone. The conditional use has also been reviewed by the City of Temecula Fire, Building and Safety, Public Works and Police Department to ensure sale of alcohol will operate safely and not affect any adjacent uses, buildings or structures. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The site for the conditional use is adequate in size and shape to accommodate the yards, walls, fences, loading facilities, buffer areas, landscaping and other development features described in the City of Temecula Development Code as well as other governing regulations. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The proposed project is consistent with the requirements outlined in Chapter 17.04.010 of the City of Temecula's Development Code. The City of Temecula Planning, Fire, Building and Safety, Public Works and Police Departments have reviewed this Conditional Use Permit and determined that it will not be detrimental to the health, safety and welfare of the community as conditioned. In addition, the Riverside County Department of Environmental Health has also reviewed and conditioned the project. E. That the decision to approve, conditionally approve, or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal; The decision to conditionally approve the application has been based on substantial evidence in view of the record as a whole. Findings of Public Convenience or Necessity {Development Code Section 17.10.020.B.5) F. Is the proposed use consistent with the General Plan and the Development Code; The proposed 7-11 market is a conditionally permitted use in the Community Commercial zone. The proposed use is consistent with the City of Temecula General Plan which specifies that the Community Commercial (CC) designation includes retail, professional office, and service oriented business activities serving the entire community. The 7-11 convenience market is proposed within an existing shopping center. The sale of alcohol is an incidental use to the market. Development Code Section 17.10.020.8.2 allows for the incidental sale of alcoholic beverages in conjunction with an otherwise allowable use as a permitted use, unless such primary uses are otherwise conditionally permitted by another provision of this Title. Since the 7-11 convenience market requires a Conditional Use Permit, so does the incidental sale of alcohol. Planning Application No. PA09-0157, a request for a CUP for 7-11, is being processed concurrently with this PCN request (PA09-0156). G. Is the proposed use compatible with the nature, condition and character of the adjacent land uses; The 7-11 convenience market is proposed in an existing building in a shopping center within the Community Commercial zone. This center also includes a Carl's Jr. restaurant, Kragen Autoparts, Riverside County Continuation School, Temecula Pawn and Coin, two vacant units and other retail and restaurant uses. The incidental sale of beer and wine at a convenience market is compatible with the nature, condition and character of adjacent land uses. H. Will the proposed use have an adverse affect on adjacent land uses; It is not anticipated that the proposed use will have an adverse affect on adjacent land uses, as all of the adjacent land uses are primarily commercial retail type uses, and the proposed project is anticipated to add to the convenience and diversity of uses located within the center. 1. Would the proposed use result in an excessive number of similar establishments in close proximity; With regard to the over concentration of existing licenses in the census tract, three licenses are allowed before census tract 0432.10 is considered to be over- concentrated by ABC's standards. Eight licenses currently exist for three gas stations, three grocery stores, Sam's Club warehouse store, and a gift packaging business. These businesses are dispersed throughout the tract located off Winchester Road, Ynez Road and Murrieta Hot Springs Road. A ninth license (for 7-11) in the census tract for off-sale at a convenience market would not result in an excessive number of similar establishments in close proximity. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1 Existing Facilities). 1. The request for a Minor Conditional Use Permit and Finding of Public Convenience or Necessity for a Type-20 (Off-sale Beer and Wine) at a proposed 7-11 convenience market will be conducted within an existing building in a developed retail shopping center. All access and public utilities are available to the site. The proposed use with issuance of a CUP is in conformance with all zoning requirements of the Development Code. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application Nos. PA09-0156 and PA09-0157, a Conditional Use Permit for a 7-11 convenience market and Type-20 ABC license for the incidental sale of beer and wine, with an associated Finding of Public Convenience or Necessity. The proposed 7-11 would be located within an existing shopping center at the northwest corner of Ynez and Winchester Roads, addressed as 41125 Winchester Road, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 17th day of June 2009. Stanley Harter, Chairman ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA } COUNTY OF RIVERSIDE }ss CITY OF TEMECULA } I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 09- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 17th day of June 2009, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA09-0156 and PA09-0157 Project Description: Planning Application Numbers PA09-0156 and PA09-0157, a Conditional Use Permit for a 7-11 convenience market and Type-20 ABC license for the incidental sale of beer and wine, with an associated Finding of Public Convenience or Necessity, located within an existing shopping center at the northwest corner of Ynez and Winchester Roads, addressed as 41125 Winchester Road Suite A-3 Assessor's Parcel No.: 910-281-003 MSHCP Category: DIF Category: TUMF Category: Approval Date: Expiration Date: PLANNING DEPARTMENT N/A N/A N/A June 17, 2009 June 17, 2011 Within 48 Hours of the Approval of This Project PL-1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/ developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). General Requirements PL-2. The applicant and owner of the real property subject to this condition shall herebyagree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL-3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-4. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL-5. The City Planner may, upon an application being filed within 30 days prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. PL-6. A separate building permit shall be required for all signage, consistent with the requirements of the Rancho Crossroads Sign Program. PL-7. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staff's prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. PL-8. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan. PL-9. The applicant shall comply with their Statement of Operations dated April 20, 2009, attached and on file with the Planning Department, unless superseded by these Conditions of Approval. PL-10. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL-11. The City, its City Planner, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modifythis Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its City Planner, Planning Commission and City Council is in addition to, and not in-lieu of, the right of the City, its City Planner, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for anyviolations of the conditions imposed on such Conditional Use Permit orforthe maintenance of any nuisance condition or other code violation thereon. PL-12. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.A.D.) training from the California Department of Alcoholic Beverage Control. PL-13. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (951-676-5090). Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL-14. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning (951) 696-3000." PL-15. In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least three square feet in size. PL-16. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. OUTSIDE AGENCIES PL-17. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated April 29, 2009, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT General Conditions/information B-1. All design components shall comply with applicable provisions of the 2007 edition of the California Building, Plumbing and Mechanical Codes; 2007 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. B-2. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. B-3. Provide precise grading plan to verify accessibility for persons with disabilities. B-4. Provide appropriate stamp of a registered professional with original signature on plans. B-5. Obtain all building plans and permit approvals prior to commencement of any construction work. POLICE DEPARTMENT General Requirements PD-1. Applicant has applied for a Type-20 License (Off-Sale General). A Type-20 license authorizes the sale of beer and wine for consumption off the premises where sold. PD-2. Applicant will comply with Temecula Municipal Code section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. PD-3. The Temecula Police Department regards sales of alcohol to minors as a very serious offense. Applicant will ensure identification is checked for each sale of alcohol. PD-4. Applicant shall ensure tobacco products are not sold to persons under the age of 18 years. PD-5. Identification will be verified utilizing one of the following: (a) valid California driver's license; (b) valid California identification card; (c) valid military identification card (active/reserve/retired/dependent); (d) valid driver's license from anyof the 50 States or Territories of the United States; (e) valid U.S. Passport; (f) valid government issued identification card issued by a Federal, State, and County or City agency. PD-6. As noted above, only a valid government issued identification card issued bya Federal, State, County or City agency is acceptable, providing it complies with Section 25660 of the Business and Profession Code (B&P), which includes the following requirements: (a) name of person; (b) date of birth; (c) physical description; (d) photograph; (e) currently valid (not expired). PD-7. Licensees may not sell, give, or deliver alcohol (bythe drink or bythe package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P Code). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter that the law. Those licenses are marked "Conditional" (23805 B&P). PD-8. Police officers, sheriff's deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at anytime during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer (Sections 25616, 25753, and 25755 B&P; 148 and 241 (b) PC). PD-9. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages have received LEADS training from ABC. The Temecula Police Department provides free training in addition to the ABC LEADS course for all employers and employees involved in the service and sales of alcoholic beverages. It is the responsibility of the applicant to set up a training session for all new employees. Contactthe Crime Prevention and Plans Officer at (951) 695-2773 to set up a training date. Training must be completed prior to the grand opening of this business and periodic updated training when new employees management are hired. PD-10. Any public telephones located on the exterior of the building should be placed in a well- lighted, highly visible area, and installed with a "call-out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the building. PD-11. The applicant is responsible for preventing loitering on the property. All employees shall be instructed to call the Temecula Police Department dispatch center at (951) 696 HELP (4357) if loitering becomes a problem on the premises. PD-12. Due to the close proximity to a school, applicant shall have at least 2 employees on duty during the time period 1 hour before the school opens and 2 hours after it closes on weekdays. COU i FY OF RIVERSIDE - COMMU iTY HEALTH AGENCY DEPARTMENT OF ENVIRONMENTAL HEALTH City of Temecula Jn Q Planning Department (c/o Cheryl Kitzerow PO BOX 9033 MAY - 4 2009 Temecula, CA 92589-9033 29 April 2009 RE: PA09-0157 The Department of Environmental Health (DEH) has received and reviewed the PA09- 0157 for the Minor Conditional Use Permit to allow for the sale of off-sale beer and wine at the 7-11 convenience stores with a Type 21 ABC license located at 41125 Winchester Road„ Suite A3 under applicant: Gregory Scott Hann. The CUP is required per the Conditions of Approval for ABC license (CUP- PA09-0156) located at the northwest corner of Winchester and Ynez Roads. (APN 910-281-003) Any future food facility the applicant shall contact this Department at 951.461.0284 for food plan check compliance by the County of Riverside DEH. If your have any questions, please do not hesitate to call me at 951.955.8980 Sincerely, 141 Gregor Dellenbach, REHS EHS090157 ($234.00) -cal [n.forcenzent Agency • PO Box 1286 hives. i1~, CA 925:12-128 ? 78' i_ar=d Use and Water Engineering P0. E,,) 120? P:. _rsi 9r, _ .'.~'ii 45 April 20, 2009 Cheryl Kitzerow Associate Planner Planning Department City of Temecula 43200 Business Park Drive Temecula, Ca, 92589-9033 Re: City of Temecula Processing for Beer and Wine Conditional Use Permit Entitlements Proposed 7-Eleven 41125 Winchester Road; Suite "A-3" Temecula, CA 92591 EDG #3033 Statement of. Operations: 7-Eleven convenience store occupying 3,016 square feet of existing retail space. Proposed store hours will be 24 hours a day, 7 days a week, 365 days a year. Employees will consist of 1 to 2 per shift with a maximum of 4 employees at any given time. The proposed 7-Eleven convenience store will sell snack items, groceries, and beer and wine for off premise consumption. Hours for selling beer and wine will be from 6am to 2am, 7 days a week. No food is prepared on-site, all food is prepared off-site and re-heated on-site. Sincerely, Ms. Mena Sadat 45093 Stoney Hill Dr. Temecula, CA 92592 April 20, 2009 Cheryl Kitzerow, Associate Planner, Planning Department City of Temecula 43200 Business Park Drive Temecula, Ca, 92589-9033 Re: City of Temecula Processing for Beer and Wine Conditional Use Permit Entitlements Proposed 7-Eleven 41125 Winchester Road; Suite "A-3" Temecula, CA 92591 EDG #3033 Statement of Conditional Use Permit Justification: 1. Is the site suitable and adequate for the proposed use? Yes, the existing location was formally a Circle K food store and the location is one that the motoring public would expect to see a convenience store located. 2. Would the proposed use and design have a substantial adverse effect on traffic circulation and on the planned capacity of the street system? No, existing traffic is already established and adjacent to Interstate 15. Convenience stores are not a destination stop but used as a matter of convenience. 3. Would the proposed use have a substantial adverse impact on the general welfare of persons residing in the community? No, the proposed convenience store is located in an established shopping center that was built before the City of Temecula incorporated. The nearest residence is over one mile of driving distance away and the surrounding area is either commercial or public right-of-way. 4. Is the design of the project compatible with the existing and proposed development within the district and its surroundings? Yes, this is an interior retrofit or in other words a tenant improvement to an existing retail building which has been vacated. Sincerely, Ms. Mena Sadat 45093 Stoney Hill Dr. Temecula, CA 92592 Notice of Public Hearing 1959 A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below. Case No: Planning Application Nos. PA09-0156 and PA09-0157 Applicant: Gregory Hann Proposal: PA09-0156 and PA09-0157, a Conditional Use Permit for a 7-11 convenience market and Type 20 ABC license for the incidental sale of beer and wine, with an associated Finding of Public Convenience and Necessity, located within an existing shopping center at the northwest corner of Ynez and Winchester Roads, addressed as 41125 Winchester Road Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be issued in compliance with CEQA (Section 15301, Class 1, Existing Facilities) Case Planner: Matt Peters or Cheryl Kitzerow, (951) 694-6409 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: June 17, 2009 Time of Hearing: 6:00 p.m. n Project Site ~l Any person may submit written comments to the Planning Commission before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of the hearing. Any petition for judicial review of a decision of the Planning Commission is controlled by the statute of limitations provisions set forth in Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. Any action or proceeding to attack, review, set aside, or void any decision of the Planning Commission is controlled by Chapter 2.36 of the Temecula Municipal Code. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission, shall be limited to those issues raised at the hearing as provided in Chapter 2.36 of the Temecula Municipal Code. Copies of the procedures for the conduct of City Council, Planning Commission, and Planning Director public hearings are available from the City Clerk. If you wish to challenge the above [project] in court, the challenge will be limited to only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice, and must be commenced within the time limit specified in Section 1094.5 and Section 1094.6 of the California Code of Civil Procedure. The proposed project application may be viewed at the City of Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner at (951) 694-6409.