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HomeMy WebLinkAbout13-003 PC Resolution PC RESOLUTION NO. 13-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA13-0020, A FINDING OF PUBLIC CONVENIENCE OR NECESSITY FOR TRADER JOE'S TO OPERATE A WINE TASTING OPERATION UNDER A TYPE 42 ABC LICENSE LOCATED AT 40665 WINCHESTER ROAD (APN 910-110-066) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On February 1, 2013, Peter Impala filed Planning Application No. PA13- 0020, 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 March 6, 2013, 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. PA13-0020 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; Section 17.08 of the City's Development Code allows alcoholic beverage sales as a permitted use for grocery stores in the CC-Community Commercial zone. The on-site tastings will help promote the sale of Trader Joe's wine selections by allowing patrons to sample a particular wine prior to making a purchase. This operation is consistent with a similar process used at Bev Mo in the Rancho Temecula Town Center, which is also zoned CC-Community Commercial. The " wine tasting operation is regulated by ABC and does not require a Conditional Use Permit. The wine tasting operafion is consistent with the General Plan and Development Code. B. Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses; The wine tasting operation is an ancillary use to Trader Joe's specialty market/grocery store. The Trader Joe's at 40665 Winchester Road has been operafing a popular and successfu/ specialty market in this location since 1999. The .store recently acquired an adjacent tenant space and are expanding by 1,500 square feet for a total of 11,865 square feet. The grocery store and wine. tasting operation are compatible with the nature, condition and character of development in the Winchester Marketplace, which has complimentary commercial uses such as small restaurants, a Kinko's Copy Center, Chevron Gas Station and a Pep Boys Auto Parts store. The grocery store and ancillary wine tasting operation are nof duplicative and help differentiate the Trader Joe's specialty market from nearby Winco Foods, a larger grocery store thaf doesn'f . offer a wine tasting operation. C. Whether or not the proposed use would have an adverse effect on adjacent land uses; The proposed wine tasting operation is a permitted and ancillary use to the Trader Joe's specialfy market/grocery sfore and will not have an adverse effect on adjacent uses as the use is complimenfary to the other types of commercial development in fhe Winchester Marketplace Shopping Center. In addition, the site will remain unaltered, and adequafe 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 fhe wine tasting operation does not impact any of the site requirements. The Project has been reviewed by fhe Temecula Police Department and there are no objections fo the wine tasting operation. � D. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity; , The Trader Joe's Specialty market is located in a Census �Tract, which ABC considers "over-concentrated" wifh on-sale licenses. Per ABC, six on-sale licenses are allowed in this tracf, and seven currently exist. Therefore, the City of Temecula is required fo make a Finding of Public Convenience or Necessity for Trader Joe's to be the eighth establishment with an on-sa/e ABC License. The Trader Joe's specialty market/grocery store compliments the other commercial uses on the Winchester Marketplace Shopping Center and differentiates Trader J Joe's from nearby Winco Foods, a larger grocery store that doesn't offer a wine tasting operafion. The Findings of Public Convenience or Necessity will not result in an excessive number of similar establishments in close proximify. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Finding of Public Convenience or Necessity 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 15301, Class 1, Existing Facilities). Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA13-0020, 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 by the City of Temecula Planning Commission this 6th day of March, 2013. . John Telesio, Chairman ATTEST: ti Patrick Richardson, Secretary [SEAL] .. ��,. ��� STATE''OF CAI�IrORNIA ) COUNTY OF,FiIVERSIDE )ss -. � CITY OF TENiECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 13-03 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting , thereof held on the 6th day of March, 2013, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Kight, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None Patrick Richardson, Secretary