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HomeMy WebLinkAbout12-008 PC Resolution PC RESOLUTION NO. 12-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PAl2-0009, A MINOR CONDITIONAL USE PERMIT TO ALLOW AFTERSHOCK BREWING COMPANY TO OPERATE A BREWERY (ABC LICENSE TYPE 23) TOTALING 1,467 SQUARE FEET, INCLUDING 214 SQUARE FEET TO BE USED AS A TASTING ROOM, LOCATED AT 28822 OLD TOWN FRONT STREET (APN 922-093-003) Section 1 Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On January 13, 2012, Marvin Nigh filed Planning Application No. PAl2- 0009, a Conditional Use Permit Application, in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was 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 Application and environmental review on April 4, 2012, 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 Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PAl2-0009 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 use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The proposed Minor Conditional Use Permit is intended to allow a brewery to provide tastings in conjunction with retail sa/es. The business is located in an area zoned Service Commercial. Retail uses are permitted within Service Commercial zones. Alcoholic uses are permitted when in conjunction with an allowable use upon approval of a Conditional Use Permit. 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 has been reviewed and appropriately conditioned by Building and Safety, Fire, and the Police Department to ensure it is compatible with the nature, condition, and development of adjacent uses, buildings and structures. Based on the provided Conditions of Approval, the use will not adversely affect the 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 this development code and required by the planning commission or council in order to integrate the use with other uses in the neighborhood; To ensure the use is integrated with other uses in the neighborhood, the conditional use has been reviewed and appropriately conditioned by Public Works, Building and Safety, Fire, and the Police Department. The site 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. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The project is in conformance with all requirements of the Development Code, Fire Code, and Building Code. These codes contain provisions that ensure the protection of the public healfh, safety, and general welfare. The project is not anticipated to have negative impact to the public health, safety, and general welfare. 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; The decision to conditionally approve the application for a Conditional Use Permit is based on substantial evidence in view of the record as a whole before the Planning Commission. 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 15302, Class 1 Existing Facilities); The proposed use will not result in the creation of any new square footage to the structure. All construction will be relafed fo tenant improvements. Section 4 Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PAl2-0009, a Minor Conditional Use Permit to allow Aftershock Brewing Co. to operate a brewery (ABC License Type 23) totaling 1,467 square feet, including 214 square feet to be used as a tasting room located at 28822 Old Town Front Street, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 4th day of April, 2012. , �` R n Guerriero, Chairman ATTEST: Patrick Richardson, Secretary [SEAL] � �. ' " �; �,. STATE OF CA��FORNIA ) COUNTY OF ?iVERSIDE )ss CITY OF TEi�9ECULA ) I; Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 12-08 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 4th day of April, 2012 by the following vote: AYES: 4 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 1 PLANNING COMMISSIONERS: Kight ABSTAIN: 0 PLANNING COMMISSIONERS: None Patrick Richardson, Secretary