HomeMy WebLinkAbout2023-08 PC ResolutionPC RESOLUTION NO.2023-08
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA23-0150, 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
AT 41480 SANBORN AVENUE AND MAKING A FINDING
OF EXEMPTION UNDER SECTION 15061(B)(3) OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Section 1. Procedural Findings. The Planning Commission of the City of Temecula
does hereby find, determine and declare that:
A. On February 16, 2023, Alfred Daher filed Planning Application Nos. PA23-0071
a Conditional Use Permit for a Type 20 ABC license for off -sale beer and wine. On April 4,
2023, Alfred Daher filed Planning Application No. PA23-0150 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 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 proposed project
and environmental review on May 3, 2023, 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.
PA23-0150, 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 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 Uptown Temecula Specific Plan designation includes automotive service stations
selling beer and/or wine 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;
uses;
As conditioned, the previously approved gas station with a convenience store is
consistent with the City of Temecula General Plan. The sale of beer and wine serves as
an incidental use to the previously approved 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
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 as the surrounding uses are commercial in nature. 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
off -sale licenses. Per ABC, two off -sale licenses are allowed in this tract, and eighteen
currently exist. Therefore, a Finding of Public Convenience or Necessity is required for
the project to be the nineteenth establishment with an off -sale ABC License within the
Census Tract. A license for a project in the census tract for a Type 20 (off -sale beer and
wine) would not result in an excessive number of similar establishments as it would be
the seventh off -sale license for an automobile service stations and would allow the
applicant to be 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 pursuant
to Section 15061(b)(3) as there is no possibility the proposed project would have a significant
impact on the environment.
Section 4. Conditions. The Planning Commission of the City of Temecula approves
Planning Application No. PA23-0150, 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 3rd day of May, 2023.
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L (e Watson
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. 2023-08 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 May,
2023, by the following vote:
AYES: 4 PLANNING COMMISSIONERS:
NOES: 0 PLANNING COMMISSIONERS:
ABSTAIN: 0 PLANNING COMMISSIONERS:
ABSENT: 1 PLANNING COMMISSIONERS:
Hagel, Solis, Turley-Trejo-Watts
None
None
Ruiz
, 9L/
Luke Watson
Secretary