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HomeMy WebLinkAbout03-062 CC ResolutionRESOLUTION NO. 03-62 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. PA03-017 A TEMPORARY USE PERMIT TO ESTABLISH A FRESH FRUIT STAND LOCATED ON THE NORTHEAST CORNER OF NICOLAS ROAD AND WINCHESTER ROAD KNOWN AS ASSESSOR'S PARCEL NO. 920-100-013. 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 A. Gary M. Craig, dba: Bob & Gary's Berries, filed an Appeal of Planning Commission's decision to deny Planning Application No. PA03-017, a temporary use permit to establish a fresh fruit stand located on the northeast corner of Nicolas Road and Winchester Road, known as Assessor's Parcel No. 920-100-013. B. The application for the Project was processed and an environmental review was conducted as required by the California Environmental Quality Act. C. The Planning Commission of the City of Temecula held a duly noticed public hearing on March 19, 2003, to consider the application for the Project. D. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 2003-013, denying Planning Application No. PA03-017, a temporary use permit to establish a fresh fruit stand located on th~ northeast corner of Nicolas Road and Winchester Road, known as Assessor's Parcel No. 920-100~013. E. On May 27, 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. Section 2. findings: The City Council of the City of Temecula hereby makes the following The proposed temporary use is compatible with the nature, character and use of the surrounding area. The Project is consistent with nature, character and the use of surrounding area. The proposed fruit stand is a retail use, which is consistent with Roripaugh Estates Specific Plan. 2. The temporary use will not adversely affect the adjacent uses, buildings or structures. R:/Resos 2003/Resos 03-62 I The temporary use permit has been routed to all applicable agency and departments. The project will be conditioned and inspected by Riverside County Health department, Building and Safety and Fire for compliance with local codes and ordinance. 3. The nature of the proposed use is detrimental to the health, safety, and welfare of the community. The Project is not consistent with Goal 3 of the Public Safety Element of the General Plan, which states that the City, "Protect the health and safety of the public from encroachment by commercial uses". Should this commercial use be approved with access off of Winchester Road, Public Works has determined a public health and safety risk would be created. Section 3. The City Council of the City of Temecula hereby denies the Appeal of the Planning Commission's decision to deny Planning Application No. PA03-017 a request to establish a temporary strawberry stand located on the northeast corner of Nicolas Road and Winchester Road, known as Assessor's Parcel No. 920-100-013. Section 4. The City Clerk shall certify to the adoption of this Resolution. 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--62 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting held on the 27th day of May, 2003, by the following vote: AYES: 5 COUNCILMEMBERS: Comerchero, Naggar, Pratt, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None '~..,,,/ City Clerk R:/Resos 2003/Resos 03-62 2