The URL can be used to link to this page

Home My WebLink About04-117 CC Resolution I I I RESOLUTION NO. 04-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA UPHOLDING THE PLANNING COMMISSION DECISION AND DENIES THE APPLICATION WITHOUT PREJUDICE FOR A MINOR CONDITONAL USE PERMIT AND FINDINGS OF PUBLIC CONVENIENCE AND NECESSITY TO ALLOW THE SALES OF BEER AND WINE (TYPE 20 LICENSE) WITHIN AN EXISTING 101,909 SQUARE FOOT TARGET STORE LOCATED AT 29676 RANCHO CALIFORNIA ROAD AND KNOWN AS ASSESSORS PARCEL NO. 921-320-053 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, Target Corporation, filed Planning Application No. PA03-0726 , Minor Conditional Use Permit in accordance with the City of Temecula General Plan and Development Code; WHEREAS, the application for the Project was processed and an environmental review was conducted as required by the California Environmental Quality Act; WHEREAS, the Planning Commission of the City of Temecula held a duly noticed public hearing on April 21, 2004 to consider the application for the Project; WHEREAS, 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. 2004-019, denying Planning Application No. 03-0726; WHEREAS, Target Corporation, filed an appeal for Planning Application No. PA03- 0726, a Minor Conditional Use Permit to sell beer and wine (Type 20 license); WHEREAS, the City Council received a copy of the Planning Commission proceedings as a Staff Report regarding Planning Application No. PA03-0726; WHEREAS, the City Council conducted a public hearing pertaining to Planning Application No. PA03-0726 (Minor Conditional Use Permit - Appeal) on November 23, 2004, at which time interested persons had an opportunity to testify either in support or in opposition to Planning Application PA03-0726; WHEREAS, on November 23, 2004, the City Council of the City of Temecula upheld the denial of the Planning Commission and denies the application without prejudice when it adopted Resolution No. 04-117. The City Council denies this application without prejudice so that the applicant can re-file a new application within one year of the denial and shall not be required to pay any applicable processing fees for the new application. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findinas. The City Council of the City of Temecula hereby makes the following findings (Minor Conditional Use Permit): R:/Resos 2004/Resos 04-117 I I I A. The proposed use is consistent with the General Plan (Community Commercial) and Zoning (Community Commercial) designation as well as the standards within the Development within the Development Code. The proposed project is not within 500 feet of a public park, religious institution or school B. The proposed project is not compatible with the nature, condition and development of adjacent uses, buildings, and structures. C. The nature of the proposed use would be detrimental to the health, safety and general welfare of the community because the project would provide for additional alcoholic sales in a census tract area that is currently over-concentrated with type 20 licenses. Section 2. Findinas. The City Council of the City of Temecula hereby makes the following findings (Public Convenience and Necessity): A. Does the proposed establishment have any unique features, which are not found in other similar uses in the community (i.e. types of games, types of food, or other special services)? Target offers a broad range of products (including clothing, food & beverage, kitchen and household items, home decor, toys, electronics, sporting goods, stationary, supplies, garden center) and services (pharmacy, film processing) all in one location. While other businesses sell some of the same products, Target offers customers the convenience of one-stop shopping for a variety of products. B. Does the proposed establishment cater to an under-served population (i.e. patrons of a different socia-economic class)? Target offers many items and offers convenient and affordable shopping for all income levels. Target does not cater to an under-served population. C. Would the proposed mode of operation of the proposed establishment (i.e. sales in conjunction with gasoline sales, etc.) be unique or differ from that of other establishments in the area? The proposed operation would not be unique or different from that of other establishments in the area. D. Are there any geographical boundaries (i.e. rivers, hillsides) or traffic barriers (i.e. freeways, major roads, major intersections) separating the proposed establishment from other establishments? There are not any geographical boundaries or traffic barriers separating the establishment from other establishments. However, in addition to providing shoppers the convenience of one-stop shopping, adding wine sales wíll compliment the food and beverage items that Target sells now, and provide a convenience to Target's customers by eliminating the need for additional shopping trips. Target also plans to offer customers the opportunity to learn about the wines that Target sells through education events, led by professionals and wine industry members. E. Is the proposed establishment located in an area where there is a significant influx of population during certain seasonal periods? R:/Resos 20O4/Resos 04-117 I I I During the various holiday seasons there is a significant influx of persons visiting the establishment because of the wide range of items offered. F. Is there a proliferation of licensed establishments within the Census Tract of the proposed establishment? There are a total of 12 Type 20 licenses in Census Tract 0432.16 and a total of 5 are allowed in said tract. G. Are there any sensitive uses (i.e., schools, parks, hospitals, churches) in close proximity (500 feet) to the proposed establishment? There are not any sensitive uses within 500 feet of the Target building entry. H. Would the proposed establishment interfere with these sensitive areas? The proposed use would not interfere with any sensitive uses because it is more than 500 feet away from the entry of Target. I. Would the proposed establishment interfere with the quiet enjoyment of their property by the residents of the area? There are no residents within 100' of the property, and fewer than 30 residences within 600' of the property. Because of the physical separation factors between the Target store and the closest residences, and because the operations of the store will remain essentially the same as they are now; the proposed operations wíll not interfere with the quiet enjoyment of residents. Target prides itself in being a good neighbor and is committed to serving the community in a positive and responsible manner. We anticipate no adverse impact on the residents or general public by the issuance of the license. J. Will the proposed establishment add to law enforcement problems in the area? The Police Department has not provided any statistics or information indicating that the Target store is in a high crime or problem area for law enforcement. The Police Department was notified of Target's license application by staff and the ABC, and had no objections to or concerns regarding the issuance of the license. Section 3. The City Clerk shall certify the adoption of this Resolution R:/Resos 20O4/Resos 04-117 I PASSED, APPROVED AND ADOPTED this 23rd day of November, 2004. '- ATTEST: ~ STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ss ) I I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 04-117 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 23rd day of November, 2004, by the following vote: AYES: 3 NOES: ABSENT: 0 ABSTAIN: COUNCILMEMBERS: Comerchero, Roberts, Stone COUNCILMEMBERS: Washington COUNCILMEMBERS: None COUNCILMEMBERS: Naggar I R:/Resos 2004/Resos 04-117