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Home My WebLink About06-063 CC Resolution I I I RESOLUTION NO. 06-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PAOS-Q314, A MINOR CONDITIONAL USE PERMIT TO ALLOW FOR THE SALE OF BEER, WINE, AND DISTILLED SPIRITS (TYPE 21 LICENSE, OFF-SALE GENERAL) FROM AN APPROVED 16,836 SQUARE FOOT COMMERCIAL BUILDING TO BE LOCATED WITHIN THE RANCHO TEMECULA TOWN CENTER THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: . A. Matthew Fagan Consulting Services filed Planning Application No. PA05- 0314, in a manner in accord with the City of Temecula General Plan and Development Code. B. Planning Application No. PA05-0314 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 Planning Application No. PA05-0314 on April 19, 2006, 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. The City Council, at a regular meeting, considered Planning Application No. PA05-0314 on July 11, 2006 at a duly noticed 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. Section 2. Findings. The City Council, in approving Planning Application No. PA05-0314 (Minor Conditional Use Permit) hereby makes the following findings as required by Section 17.04.010.E of the Temecula Municipal Code. Conditional Use Permit (Code Section 17.040.010.El A. The proposed conditional use is consistent with the General Plan and the Development Code. The proposed use is consistent with the General Plan Land Use Element (Community Commercial) and Zoning (Specific Plan-1), as well as, the standards within the Development Code. The project exceeds the minimum separation R:/Resos2006/Resos 06-63 I I I requirement of 500 feet from a religious institution, school, or public park. However, the City Council determined that the use is not compatible with existing adjacent uses. B. The proposed minor conditional use is 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. The proposed project is compatible with the nature, condition and development of adjacent uses, buildings, and structures because the proposed site location is greater than 500 feet from any a public school, church, or park as required by the City Development Code.. C. The nature of the proposed minor conditional use is not detrimental to the health, safety and general welfare of the community. The nature of the proposed use will not be detrimental to the health, safety and general welfare of the community because the proposed use offers a variety of retail goods and is not exclusively selling alcohol, and has been conditioned to ensure that all employees involved with the sales will receive training in the proper procedures and identification checks. Section 3. Environmental Compliance. A Notice of Exemption for Planning Application No. PA05-0314 was made per the California Environmental Quality Act Guidelines Section 15301, Existing Facilities. Section 4. Conditions. That the City of Temecula City Council hereby approves Planning Application PA05-0314 (Minor Conditional Use Permit), subject to the conditions of approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any other conditions that may be deemed necessary. R:/Resos2006/Resos 06-63 2 I I I PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 11th day of July, 2006. ATTEST: [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) ~~~berts.M'YO< I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 06-63 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 11th day of July, 2006, by the following vote: AYES: 5 COUNCIL MEMBERS: NOES: 0 COUNCIL MEMBERS: ABSENT: 0 ABSTAIN: 0 COUNCIL MEMBERS: COUNCIL MEMBERS: R:/Resos2006/Resos 06-63 Comerchero, Edwards, Naggar, Washington, Naggar None None None . Jones, MMC City Clerk 3 I /. I EXHIBIT A . FINAL CONDITIONS OF APPROVAL I I I I . EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PAOS-oS14 Project Description: A Minor Conditional Use Permit to allow for the sale of beer, wine, and distilled spirits (Type 21 license, off- sale general) from an approved 16,836 square foot commercial building to be located at 39782 Winchester Road . Assessor's Parcel No.: 920:.100-013 MSHCP CATEGORY: NlA DIF CATEGORY: N1A TUMF CATEGORY: NlA . Approval Date: July 11, 2006 Expiration Date: . July 11, 2008 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT .Plannlng Department 1. The applicanVdeveloper shall deliver to the Planning Department a cashier's cheCk. or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 211 Oa(b) and California Code of Regulations Section 15062. If within said 48-hour period the applicanVdeveloper has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711..4(c)). . . ! j. I GENERAL REQUIREMENTS . I I. I I I Planning Department 2. The applicant shall sign both copies of the final conditions of approval that will be . provided by the Planning Department staff, and return one signed set to the Planning Department for their files. 3. The applicant shall comply with the statement of operations for PA05-0314 on file with the Planning Division, unless superceded by these Conditions of Approval. 4. This Conditional Use Permit may be revoked pursuant to Section 17.03.0aO of the City's Development Code. 5. The applicant and owner of the real property subject to this conditl.on shall hereby agree to indemnify, protect, hold harmless, and. defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings . against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action In furtherance of' and the approval of the City, or any agency or Instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal cOunsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be In the best interest of the City and its citizens in regards to such defense. 6. . Within two years of approval of this permit, commencement of the use shall have occurred or the approval shall be subject to expiration. 7. If commencement of the use has not occurred within two years of approval of thIs permit, the permittee may, prior to the expiration of the conditional. use permit, apply for up to . three one-year extensions of time. Each extension of time shall be granted in one-year increments only. a. The City, and its Planning Director, Planning Commission, and City Council retain and' reserve .the right and jurisdiction to review .and modify this conditional use permit (including the conditions of approval) based on changed. circumstances. Changed circumstances Include, but are not limited to the modification of the business, a change . in scope, emphasis, size or nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any conditional use permit granted or approved or conditionally approved hereunder by the City, Its Planning Director, Planning Commission, and City Council is in addition to, and not lieu of, the . right of the City, its Director of Planning, Planning Commission, and City Council to review and revoke or modify any conditional use permit approved or conditionally. . approved hereunder for any violations of the conditions imposed on such conditional use permit or for the maintenance of any nuisance condition or other code violation thereon. Prior to the commencement of any alcohol sales, the applicant shall submit verification the Department of Alcohol Beverage Control has Issued the necessary Type 21 license (off-sale general). 9. I I I 10. There shall be no window display of alcohol. (Added by the City Council on.July 11, 2006.) .' 11. The display of alcohol shall be limited to 190 square feet and shall be located at the rear of the store. (Added by the City Council on JUly 11, 2006.) 12. Should there be 3 ABC violations. the Rite Aide minor conditional use permit shall be automatically scheduled for a Planning Commission review of the permit. (Added by the City Council on July 11, 2006.) 13. The applicant shall comply with all underlying conditions set pertaining to PA02.0364, PA02-0365, and PA04-0540. . . 14. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit, . Police Department 15. Applicant has applied for a Type 21 (Off Sale General) (Package Store) through the Riverside District Office of Alcoholic Beverage Control. Authorizes the sale of beer, wine and distilled spirits for consumption off the premises where sold. Minors are allowed on the premises. 16. Applicant will comply with City Ordinance 97-07, (9.14.010 Temecula Municipal Code series). 17. Identification will be verified utilizing one of the following: a. A valid California Driver's License b. A valid California Identification Card c. A valid Military Identification Card (Active/Reserve/RetiredlDependent) d. A valid Driver's License from any of the FIftY States or Territories of the United . States . e. A valid U.S. Passport 1. A valid government issued identification card Issued by a Federal, State, County or City agency la. As noted above, only a valid government issued identification card issued by a federal, state, county. or City agency Is acceptable, providing it. complies with the below requirements (25660 Business and Profession Code).' . a. Name of person b. Date of birth c. ' Physical description' d. Photograph e. Currently valid (not-expired) 19. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures .andIdentificationchecks. The TemeciJla Police Departl)1ent provides free I training for all employers and employees involved in the service and sales of alcoholic beverages. It is the responsibility of the applicant to set up a trainlrig session for all new employees working at Beverages and More. Contact the Crime Prevention and Plans Officer at (951) 695-2n3 to set up a training date. Training must be completed prior to the grand opening of this busineSs and periodic updated training when new employees! management are hired. I 0, I I I I 20. Any public telephones located on the exterior of the building should be placed ina well- lighted, highly visible area, and installed with a "call-out only" feature to deter loitering. This feature Is not required for public telephones Installed within the interior of the building. 21. LicenseBs may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00a.m. and 6:00a.m. of the same day. No person may knowingly purchase alcohol between 2:00a.m. and 6:00a.m. (Section 25631 B&P). Licensees may not permit patrons or employees to consume alcohol betweeri 2:00a.m. and 6:00a.m. pf the same day (Section 25632 B&P). 22. Authority of Peace Officers/Refusing Inspectlon: Police officers, sheriffs' deputies, and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether In plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It Is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer. (Sections. 25616, 25753, and 25755 B&P; 14.8 and 241 (b) PC) . 23. The following requirements apply to stores (license Type 20 and 21): a. Post "No Loitering" signs upon written notice from the ABC b. Post "No Open Container" signs upon written notice from the ABC. c. No alcohol consumption inside a store or outside a bar or tavern d. Illuminate. the exterior of the premises, Including adjacent public sidewalks and parking lots under the licensee's control, during all hours of darkness when open. for business e..' . Remove litter daily from the premises, adjacent sidewalks and parking lots under licensee's control and sweep/clean these areas weekly 1. Remove graffiti from premises and parking lot g. Have no more than 33% of windows covered with advertising or signs h. Have incoming calls blocked at pay phones upon request of local law . enforcement or ABC; (see Item 6 above) i. Have a copy of the operating standards available during normal business hours for vie',Ving by the general public (Section 25612.5 (c ) B&P) ; . . , I OUTSIDE AGENCI.ES I 1 I I I 24. The applicant shall comply with the Department of Environmental Health letter dated November 29, 2005. By placing my signature below, I confirm that I have read, I understand and I accept all the above-mentioned Conditions of Approval. I further understand that the property shall be maintained in conformance with'these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date Applicanfs Printed Name I ~ . ... . . . . . . . . . ,"". .' .. .' ." .... ",H . . . . - . .' ...........~~.. .' DE~A~TMENToFI~NvI . .. ,..." '... ". ..' - .... ".. .. -.' .... . . .' . . ,":",:,..' '. . '! ...... . . . . . . . . . . . Noveiliber29,200S '~~~'I SERVICES AGENCY 0 Nl\fENTAL HEALTH . ". . .... .-..'--: . . ;. '.' .. . City ofTemqcula P1anning.DepartmCnt . . .'. i'.O.BiJx 9033 . . . . . Temeeula, cA 92589.9033 Attention: Hannony Bales '. . f"'.. . ':1 [O)[g @ [g 0 ill [grm .1:' ltill DEe 01 2005 ~ .l 1 By 1 RE: Development Plan No. PAO?~3l4' '.' . . .,. ': Dear Ms. Bales: . .' . !' . . . 1. Department of Environmental Health has reviewed the Minqr Conditional Use Permit to sell alcohol within Ii 16,836 square. fo~t retail facility to be lo~ within the Rancho Temecula Town Center and we have no objections. \ . . '. . . 2, . PRl9R TO TIlE ISSUANCE OF BUILDING PE~!THE FOLLOWING SHOULD BEREQUlRED: .'. .. . ". 1. .' '. il) ''Will-serve" letters ~m the appropriate wa,ler and ~ering districts. b) If there are to be any food establi~ents, <.including v ~g ~hines), three complete sets of plans for each food establishment willbe sub ,tted mcluding a fIXture schedule, a finish schedule arid a plumbing schedUle in order to ~e complliince with the Califori1ia Uniform Retail Food Facilities Law 2. For $ilecific reference, contact Food . . Facility.Plliil Exa:miners at (951) 600-6330. ". 1. . ". '. . . . . . . . . .. . . . . '. . ~ . . . .'-./. i I , . ~ ; .........,~/ Sincerely, ., . Martinez, Supervisin . (909) 9SS-8980 . . NOTE:.. '. Any cuaCllt addilioDal requircmcn18 not covemJ can be applicable at time of Building i'lan review for final Department ofi!nvitonmcnta1 Health clearance. . I I , '......:-/ '"" to"a! E"for<.~'"; Agen~v" p.o. Bo" 1280, Riv.rSld.,.CA 92502-1280 . (909) 955-8982 . FAX i9091 781-9653.. 4080 L.mon SIr..;. 9th Floor, Riv.rslde. CA 92501 Laud Us. and Waf" E.~.in..rl';g .' P.O. 130>< 1206, Riv.~~.! CA '9~02:.l.2D9..'J,!lQ9)95;>:l!9.!\Q. . fA/< .t~). .955-8.903.~. 4060 Lemon St~t. 2nd Floor, .Riverside, CA 92501 ...... ". '. .. .' .;....\.>.i:~.:l,:.:>>.:..~,~:;!~.r~~/::i.'ti;~;"~~:!,:>:;':;';~~;>~<)'.\f>.~~~~:t~,~:.,.~.:.~..:./'. <.' .:.;' ,'. " . ....... .::...;"" ,.. .,.,