HomeMy WebLinkAbout03-009 CC ResolutionRESOLUTION NO. 03-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DENYING AN APPEAL OF THE PLANNING
COMMISSION'S DECISION TO DENY PLANNING
APPLICATION NO. 02-0223, A MINOR CONDITIONAL USE
PERMIT TO UPGRADE THE CURRENT ALCOHOL BEVERAGE
CONTROL (ABC) LICENSE FROM A TYPE 20 (OFF SALE
BEER AND WINE LICENSE) TO A TYPE 21 (OFF-SALE
GENERAL LICENSE) LOCATED IN THE MORAGA PLAZA AT
29762 RANCHO CALIFORNIA ROAD ON THE NORTH SIDE OF
RANCHO CALIFORNIA ROAD, BETWEEN LYNDIE LANE AND
MORAGA ROAD KNOWN AS ASSESSOR'S PARCEL NO. APN
921-310-022.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES'HEREBY RESOLVE AS
FOLLOWS:
Section 1.
declare that:
The City Council of the City of Temecula does hereby find, determine and
Jalal Zora, Stop Quick Mini Mart, filed an Appeal of Planning
Commission's decision to deny Planning Application No. PA02-0223, a
request for a Minor Conditional Use Permit to upgrade the current Alcohol
Beverage Control license from a type a Type 20 (Off Sale Beer and Wine
License) to a Type 21 (Off Sale General License) located in the Moraga
Plaza at 29762 Rancho California Road on the north side of Rancho
California Road, between Lyndie Lane and Moraga Road known as
Assessor's Parcel No. 921-310-022. ("Project").
The application for the Project was processed and an environmental
review was conducted as required by the California Environmental Quality
Act.
The Planning Commission of the City of Temecula held duly noticed
public hearings on November 20, 2002 and December 4, 2002 to
consider the application for the Project
Following consideration of the entire record of information received at the
public hearings and due consideration of the proposed Project, the
Planning Commission adopted Resolution No. 2002-059 denying a
request for a Minor Conditional Use Permit to upgrade the current Alcohol
Beverage Control license from a type a Type 20 (Off Sale Beer and Wine
License) to a Type 21 (Off Sale General License) located in the Moraga
Plaza.
On January 28, 2003, the City Council of the City of Temecula held a duly
noticed public hearing on the Project, at which time all persons interested
in the Project had the opportunity and did address the City Council on
these matters.
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On January 28, 2003, the City Council of the City of Temecula denied an
Appeal of the Planning Commission's decision to deny PA02-0223 a
Minor Conditional Use Permit when it adopted Resolution No. 03-09.
Section 2. The City Council hereby makes the following findings as required in
Section 17.04.010 of the Temecula Municipal Code:
The proposed conditional use is not consistent with the general plan and
the development code in that the Department Alcoholic Beverage Control
has determined that there is an over-concentration of off-sale licenses in
the subject Census Tract Number 0432.16. There are currently 12 off
sale licenses in the Census Tract with only 5 allowed.
The proposed minor conditional use is not compatible with the nature,
condition and development of adjacent uses, buildings and structures
and the proposed minor conditional use will not adversely affect the
adjacent uses, buildings or structures for the reason that, although the
existing mini market is consistent with the adjacent uses, it is not
compatible in the sense that it is an over concentration of businesses
with current off-sale licenses.
The nature of the proposed minor conditional use is detrimental to the
health, safety and general welfare of the community in that the project
would aggravate an already over concentrated situation.
The decision to deny the minor conditional use permit is based on
substantial evidence in view of the record as a whole before the City
Council on appeal.
Section 3. The City Council of the City of Temecula hereby denies an Appeal of the
Planning Commission's decision to deny a Minor Conditional Use Permit to upgrade the current
Alcohol Beverage Control license from a type a Type 20 (Off Sale Beer and Wine License) to a
Type 21 (Off Sale General License) located in the Moraga Plaza at 29762 Rancho California
Road on the north side of Rancho California Road, between Lyndie Lane and Moraga Road
known as Assessor's Parcel No. 921-310-022. ("Project").
Section 4. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 28th day of January, 2003
A'I-rEST:
J~,~. Stone, Mayor
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that
Resolution No. 03-09 was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting held on the 28th day of January, 2003, by the following vote:
AYES:
3 COUNCILMEMBERS: Comerchero, Naggar, Roberts
NOES:
2 COUNCILMEMBERS: Pratt, Stone
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 0 COUNCILMEMBERS: None
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