Loading...
HomeMy WebLinkAbout18-08 PC Resolution PC RESOLUTION NO. 18-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA17-1632, A FINDING OF PUBLIC CONVENIENCE OR NECESSITY FOR THE OPERATION OF A GAS STATION AND CONVENIENCE STORE UNDER A TYPE 20 (OFF-SALE BEER AND WINE) ABC LICENSE ON THE SOUTHWEST CORNER OF TEMECULA PARKWAY AND PECHANGA PARKWAY (APN 961-440- 010, 961-440-016) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On November 16, 2017, Gregory Hann filed Planning Application Nos. PA17-0318 a Development Plan and PA17-0317 a Conditional Use Permit to allow for the construction of an approximately 5,796 square foot convenience store and automotive service station with a 700 square foot second floor dwelling unit for the proprietor of the business, and a Type 20 ABC license for off-sale beer and wine. On November 16, 2017, Gregory Hann filed Planning Application No. PA17-1632 a Finding of Public Convenience and Necessity. These applications (collectively "project"), were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The proposed project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. On December 6, 2017, the proposed project was considered by the Planning Commission at a duly noticed public hearing. At the conclusion of the hearing, the Planning Commission voted to direct staff to prepare a resolution of denial. The applicant subsequently revised the proposed project to address the Planning Commission's concerns. D. The Planning Commission, at a regular meeting, considered the proposed project and environmental review on March 21, 2018, 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. E. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA17-1632, subject to and based upon the findings set forth hereunder. F. 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 project would operate as a gas station with a convenience store. The proposed use is consistent with the City of Temecula General Plan which specifies that the Professional Office designation includes automotive service stations selling beer and/or wine 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; As conditioned, the proposed gas station with a convenience store is consistent with the City of Temecula General Plan. The sale of beer and wine serves is an incidental use to the project and is not anticipated to add additional impacts to the project. Therefore, the 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 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. D. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity; The project is located in a Census Tract which ABC considers "over- concentrated" with on-sale licenses. Per ABC, two off-sale licenses are allowed in this tract, and two currently exist. Therefore, a Finding of Public Convenience or Necessity is required for the project to be the third establishment with an off- sale ABC License. A license for project in the census tract for a Type 20 (off-sale beer and wine) would not result in an excessive number of similar establishments because it would be first license issued that would be considered "over- concentrated" and would allow the applicant to remain competitive with similar businesses in the census tract and the City of Temecula. 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 15332, In-Fill Development Projects); The project meets all General Plan and Zoning policies and regulations and is located within City limits on a site of no more than five acres. The project site has no value as habitat for endangered, rare or threatened species. The site is also surrounded by development and is able to be serviced by all required utilities and public services. The project is not anticipated to result in any significant effects relating to traffic, noise, air quality, or water quality as the project, as conditioned, is an allowed use per the City of Temecula General Plan. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA17-1632, subject to the Findings for Public Convenience or Necessity with no conditions of approval. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 21 st day of March, 2018. ry Yo mans, Chairperson ATTEST: Luke atson, Direc of ommunity 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. 18-08 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 21 st day of March, 2018, by the following vote: AYES: 2 PLANNING COMMISSIONERS: Telesio, Watts NOES: 1 PLANNING COMMISSIONERS: Turley-Trejo ABSENT: 2 PLANNING COMMISSIONERS: Guerriero, Youmans ABSTAIN: 0 PLANNING COMMISSIONERS: None Luke Watson, Director of Community Development Secretary