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Home My WebLink About100796 PC AgendaAGENDA TEMECULA PLANNING COMMISSION October 7, 1996, 6:00 PM Rancho California Water Distriet's Board Room 42135 W'mchester Road Temecula, CA 92390 CALL TO ORDER: ROLL CALL: Chairman Fahey Fahey. Miller, 51avert, Soltysiak and Webslet PUBLIC COI~S n)ml of 15 minutes is provided ~) mcu:l}cr% ()f the, i)uhh: ;an a.Jd~c~ .2:':~;~; . .' ".... :.',' ;'.~':~;: , ,~..,; ~::: '.~..~;.,".'. ;~ ,,,,..,-,. hen ~ou are call~ ~ s~k, pl~ come ,,,/~ or alJ olner itL'm$ ~ Iilled Out i~rm must he Iiled widt .nda~ m lea ~" "",,,.i .. I{ fiOll: ...: ·,.. "Pl~fi'mrr~:.:..:. ......'!=.r'... ,....=.?;~! 4. Case No: Applicant: Location: Planner: Recommendation: N/A Markham and Associates Liquor License for Miclmel's Market 41925 Motor Car Porkway Dave Hogan Make the finding of Public Convenience or Necessity R:XWIM~ERV(~LANCOkgAXA(}ENDASXI0-7-96.WFD 10/2/96 Mb 1 ITEM #2 TO: FROM: DATE: SUBJECT: October 7, 1996 Director's Hearing Case Update for September, 1996 Sept. 19 PA96-0160 Taco Bell Res~urant W'mchester Rd./Ynez Rd. Ac~on'.' Approved Atu~chments: 1. Action Agenda - Blue Page 2 ATTACHMENT NO. 1 ACTION AGENDAS ACTION AGENDA TEIVIECULA DIRECTOR'S HEMMING REGIYLAR MEETING SEPTEMBER 19, 1996 1:30 PM TEMECULA CITY HALL MAIN CONFERENCE ROOM 43174 Business Park Drive Temecula, CA 92390 CALL TO ORDER: Dave Hogan, Senior Planner PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address to the Senior Planner on items that are not listed on the Agencla. Speakers are limited to three (3) minutes each. If you desire to speak to the Senior Planner about an item not listed on the Agenda, a pink "Request to Speak" form should be f~led out and fried with the Senior Planner. When you are called to speak, please come forward and state your name and address. For all other agenda items a "Request to Speak" form must be filed with the Senior Planner before that item is heaxd. There is a three (3) minute time limit for individual speakers. PUBLIC HEARING Case No: Applicant: Location: Proposal: Environmental Action: Case Planner: Case Engineer: Recommendation: ACTION: Planning Application No. PA96-0160 (DevelopmentPlan) BRF Enterprises (Taco Bell Restaurant) Northeast comer of Winchester Road and Ynez Road To construct a 2,600 square foot fast food restaurant Negative Declaration Craig Ruiz Ron Parks Approve APPROVED ITEM #3 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT October 7, 1996 Criteria for Finding of Public Convenience or Necessity Prepared By: Debbie Ubnoske, Planning Manager RECOMMENDATION: Provide Direction to Staff on the Criteria for the Finding of Public Convenience or Necessity BACKGROUND On September 18, 1995, staff presented a report to the Planning Commission on Beer and Wine License approvals. This staff report provided some background that attempted to assist the Commission in their findings of "public convenience or necessity." Since that time, the Commission has continued to struggle with making the finding of "public convenience or necessity." The following is a listing of criteria (some previously submitted for your review) that are presented to assist the Commission with making the finding of "public convenience or necessity:" Does the business have any unique features which are not found in other similar uses in the community (i.e. types of games, types of food, other special services)? Does the use cater to an under-served population (i.e. patrons of a different socio- economic class)? Does the use provide entertainment that would fill a niche in the community (i.e. a comedy club, jazz club, etc. Would the proposed mode of operation of the proposed establishment (i.e. sales in conjunction with gasoline sales, tours, etc.) differ from that of other establishments in the area? Are there any geographical boundaries (i.e. rivers, hillsides) or traffic barriers (i.e. freeways, major roads, major intersections) separating the proposed establishment from other establishments? Is there am proliferation of licensed establishments within a quarter mile of the proposed establishment? Is the proposed establishment located in an area where there is a significant influx of population during certain seasonal periods? Are them any sensitive uses (i.e. schools, parks, hospitals, churches) in close proximity to the proposed establishment7 Would the proposed establishment interfere with such uses? Would the proposed establishment interfere with the quiet enjoyment of their property by the residents of the area? 10. Will the proposed establishment add to law enforcement problems in the area? At the Planning Commission Workshop on this issue on August 12, 1996, the City Attorney rendered the opinion that the Commission had "broad discretion" in making the finding of "public convenience or necessity." It should be noted that proposed uses selling alcohol do require a conditional use permit in the City of Temecula. This gives the Commission the opportunity to place conditions of approval on the use, which, if not met, would allow the City to rescind its' approval of the use. In addition, based on any of the criteria listed above, the Planning Commission could choose to not make the finding of "public convenience or necessity." ITEM #4 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT October 7, 1996 Finding of Public Convenience or Necessity for Winchester Mini Market located at 41925 Motor Car Parkway Prepared By: Debbie Ubnoske, Planning Manager RECOMMENDATION: Make the Finding of Public Convenience or Necessity for Winchester Mini Market BACKGROUND Winchester Mini Market is located at 41925 Motor Car Parkway in a strip commercial center. Zoning on the property is Community Commercial with adjacent and surrounding zoning of Community Commercial and Service Commercial. This use has been in operation for a number of years. The owner is requesting an upgrade from an existing beer and wine license to a full liquor license. This request is being made in an effort to compete with the newly approved Shell Gas Station which will sell beer and wine. The owner of Winchester Mini Market is wanting to offer more varied of a selection than the Shell Station in terms of alcohol sales. This market is located in an existing commercial center which is surrounded on three sides by auto dealers. There are no sensitive uses located within 600 feet, although the Acacia Park apartments are located within proximity to the site. While there are food stores in the general vicinity (Vons and Luckys), this small market does appear to fill a niche for the area in that it is the only one of it's nature. Due to the market's size, it could also be perceived to provide a convenience for shoppers in the area in that it is a small market where customers would not need to drive on a major road to access it, nor would they have to wait in long lines that might exist at a larger grocery store. Attachments: Exhibits - Blue Page 2 A. Zoning B. Site Plan ATTACHMENT NO. 1 EXHIBITS R:~$TAFFRFI~W]NC~I.I~ 10Z~96 ~ ~ CITY OF TEMECULA J CASE NO. - Winchester Mini Market Liquor License EXHIBIT- A COMMUNITY COMMERCIAL ZONING PLANNING COMMISSION DATE - October 7, 1996 CITY OF TEMECULA SITE CASE NO. - Winchester Mini Market Liquor License EXHIBIT- B PLANNING COMMISSION DATE - October 7, 1996 SITE PLAN ITEM #5 TO: FROM: DATE: SUBJECT: ;IC3C;Z~JC:~s~nning Manager October 7, 1996 Design Guidelines MEMORANDUM Prepared by: Craig D. Ruiz, Assistant Planner RECOMMENDATION: The Planning Commission: Review Chapters 3, 4, and 5 of the Design Guidelines and Provide Comments and Direction to Staff BACKGROUND: This item was heard by the Planning Commission on September 30, 1996. At that meeting, the Commission reviewed Chapters 1, 2, and through page 11 of Chapter 3. The item was continued to October 7, 1996. Prior to continuing the item, the Commission stated their intention to review the remainder of Chapter 3, Chapter 4 and, time permitting, Chapter 5 at their next meeting. Attachments: 1 Design Guidelines - Blue Page 2 ATTACHMENT NO. 1 DESIGN GUIDELINES (SUBMITTED UNDER SEPARATE COVER)