HomeMy WebLinkAbout16-04 PC Resolution PC RESOLUTION NO. 16-04
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA16-0006, A FINDING OF PUBLIC
CONVENIENCE OR NECESSITY FOR THE OPERATION
OF THE PAINT BARREL ART & WINE STUDIO, AN ART
STUDIO THAT OFFERS CANVAS PAINTING CLASSES IN
CONJUNCTION WITH A FULL SERVICE WINE AND BEER
BAR UNDER A TYPE 42 (ON-SALE BEER AND WINE)
ABC LICENSE AT 40573 MARGARITA ROAD, SUITE K
(APN 914-470-035)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On January 5, 2016, Nicole Mosier filed Planning Application No. PA16-
0006 a Finding of Public Convenience or Necessity 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 February 3, 2016, 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. PA16-0006, 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:
Finding of Public Convenience or Necessity, Development Code Section 17.10.020:
A. Whether or not the proposed use is consistent with the General Plan and
Development Code;
As proposed, The Paint Barrel would operate as an art studio. The proposed use
is consistent with the City of Temecula General Plan and Temecula Regional
Center Specific Center which specifies that the Mixed Use designation includes
art studios serving the entire community. The sale of beer and wine would serve
as an incidental use to the establishment operations.
B. Whether or not the proposed use is compatible with the nature, condition
and character of adjacent land uses;
The Paint Barrel is proposed within an existing shopping center on a developed
lot within the Mixed Use zone of the Temecula Regional Center Specific Plan.
As conditioned, the proposed use is compatible with the nature, condition and
development of adjacent uses, buildings and structures, and the proposed
conditional uses will not adversely affect the adjacent uses, buildings or
structures.
C. Whether or not the proposed use would have an adverse effect on
adjacent land uses;
The Paint Barrel is proposed within an existing shopping center on a developed
lot within the Mixed Use zone of the Temecula Regional Center Specific Plan.
The proposed use is compatible with the nature, condition and development of
adjacent uses, buildings and structures, and the proposed use will not adversely
affect the adjacent uses, buildings or structures. In addition, the site will remain
unaltered, and 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. The addition of the
proposed use does not impact any of the site requirements.
D. Whether or not the proposed use would result in an excessive number of
similar establishments in close proximity;
The Paint Barrel is located in a Census Tract which ABC considers "over-
concentrated" with on-sale licenses. Per ABC, five on-sale licenses are allowed
in this tract, and sixty currently exist. Therefore, a Finding of Public Convenience
or Necessity is required for The Paint Barrel to be the sixty first establishment
with an on-sale ABC License. The high over concentration of on-sale licenses
within the census tract is due to the number of restaurants within this area of the
City of Temecula in and around the Temecula Promenade Mall, Temecula
Towne Center, and Tower Plaza. A license for The Paint Barrel in the census
tract for a Type 42 (on-sale beer and wine) would not result in an excessive
number of similar establishments because; according to the California
Department of Alcoholic Beverage Control it would be the only Type 42 license
within the census tract whereas restaurants operate under a Type 47 (on-sale
general) license.
Section 3. Environmental Findings. The Planning Commission hereby makes
the following environmental findings and determinations in connection with the approval
of the Public Convenience or Necessity:
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 , Existing Facilities);
The request for a finding of Public Convenience or Necessity for The Paint Barrel
will operate in an existing building suite in a developed retail shopping center.
No site expansion is proposed for the use. Conditions of Approval have been
implemented to ensure the project does not cause adverse impacts to the
surrounding area
Section 4. Conditions. The Planning Commission of the City of Temecula
approves Planning Application No. PA16-0006, subject to the Findings for Public
Convenience or Necessity with no conditions of approval. No other application is
required.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 3rd day of February, 2016.
on Guerriero, Chairperson
ATTEST•
Luke Watson, Director of Community
Development
Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby
certify that the forgoing PC Resolution No. 16-04 was duly and regularly adopted by
the Planning Commission of the City of Temecula at a regular meeting thereof held on
the 3rd day of February, 2016, by the following vote:
AYES: 5 PLANNING COMMISSIONERS: GUERRIERO, TELESIO, TURLEY-
TREJO, WATTS, YOUMANS
NOES: 0 PLANNING COMMISSIONERS: NONE
ABSENT: 0 PLANNING COMMISSIONERS: NONE
ABSTAIN: 0 PLANNING COMMISSIONERS: NONE
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Luke Watson, Director of
Community Development
Secretary