HomeMy WebLinkAbout93_008 PC ResolutionATFACHMENT NO. 1
PC RESOLUTION NO. 93-08
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA DENYING PA93-0038, MINOR
CONDITIONAL USE PERMIT TO CONVERT AN EXISTING
TEEN NIGHTCLUB INTO AN ADULT ONLY NIGHTCLUB
AND ~ SELLING AND ON-SITE CONSUMI'TION OF
ALCOHOL LOCATED AT 28822 FRONT STREET, SUITE
203, PARCEL NUMBER 922-093-002.
WHEREAS, Charles MitIch fried PA93-0038, Minor Conditional Use Permit in
accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances,
which the City has adopted by reference;
WHEREAS, said Minor Conditional Use Permit application was processed in the tune
. and manner prescribed by State and local law;
WIW~REAS, the Planning Commission considered said Conditional Use Permit on April
5, 1993 at which time interested persons had an opportunity to test'fly either in support or
opposition;
WHEREAS, at the conclusion of the Commission hearing, the Commission
recommended denial of said Conditional Use Permit;
NOW, THEREFORE, ~ PLANNING COMMISSION OF THE CITY OF
TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Findings. That the Temecula Planning Commission hereby makes the
following f'mdings:
A. Pursuant to Government Code Section 65360, a newly incorporated city shall
adopt a general plan within thirty (30) months following incorporation. During that 30-month
period of time, the city is not subject to the requirement that a general plan be adopted or the
requirements of state law that its decisions be consistent with the general plan, if all of the
following requirements are met:
B. The city is proceeding in a funely fashion with the preparation of the general plan.
C. The Riverside County General Plan, as amended by the Southwest Area
Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as
the General Plan for the southwest portion of Riverside County, including the area now within
the boundaries of the City. At this time, the City has adopted SWAP as its General Plan
guidelines while the City is proceeding in a timely fashion with the preparation of its General
Plan.
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D. Pursuant to Section 18.28(e), no Conditional Use Permit may be approved unless
the applicant demonstrates the proposed use will not be detrimental to the health, safety and
welfare of the community, and further, that any Conditional Use Permit approved shall be
subject to such conditions as shall be necessary to protect the health, safety and general welfare
of the community.
E. The Planning Commission, in denying the proposed Conditional Use Permit,
makes the following findings, to wit:
1. There is a reasonable probability that PA93-0038, Minor Conditional Use
Permit will be consistent with the City's future General Plan, Land Use Component which will
be completed in a reasonable time and in accordance with State law due to the fact that the
project is consistent with existing zoning of General Commercial and the Draft General Plan
Land Use designation of Service Commercial. (Amended by Planning Commi~ion on April
5, 1993.)
2. The proposed project is not consistent with Ordinance No. 348 since the
use does not meet all the requirements of Section 18.28 of Ordinance No. 348 which requires
that a proposed use not pose a threat to public health, safety and general welfare of the
community.
3. The project, as proposed, will adversely affect the public health and
welfare on the grounds the use will allow the selling and on-site consumption of alcohol in close
proximity to the Temecula Teen Center and the Skate City skating rink.
4. The project, as proposed, would result in incompatible land uses on the
grounds the use will allow the selling and on-site consumption of alcohol in close proximity to
the Temecnla Teen Center and the Skate City skating fink.
5. The proposed project is not subject to the California Environmental Quality
Act per Section 15061(b)(3).
Section 2. Environmental Compliance. The proposed project is not subject to the
California Environmental Quality Act per Section 15061Co)(3).
Section 3. Conditions. The City of Temecula Planning Commission hereby denies
PA93-0038, Minor Conditional Use Permit to convert the existing teen nightclub to an adult only
nightclub and allow the selling and on-site consumption of alcohol located at 28822 Front Street,
Suite 203, APN 922-093-002. The project has been recommended for denial; therefore, no
conditions have been prepared.
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Section 4.
PASSKI), Al'PROVED AND/~ ~s ~th~y~~ of April, 1993.
CHAIRIVIAN
I ItEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof, held on the 5th day of April,
1993 by the following vote of the Commission:
AYES: 5 PLANNING COMMISSIONERS: BLAIR, CHINIAEFF, FAHEY,
FORD, HOAGLAND
NOES: 0
ABSENT: 0
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
SECRETARY
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