Loading...
HomeMy WebLinkAbout18-28 PC Resolution PC RESOLUTION NO. 18-28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-1088, A FINDING OF PUBLIC CONVENIENCE OR NECESSITY APPLICATION FOR BEST WEI CHINESE HEALTH FOOD LOCATED AT 27452 JEFFERSON AVE, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 910-310-009) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On August 8, 2018, Li Li, on behlf of Best Wei Chinese Health Food, filed Planning Application No. PA18-1088, a Public Convenience or Necessity Application in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application 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 the Application and environmental review on December 5, 2018, 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. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA18/1088 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Public Convenience or Necessity (Section 17.10.020) A. Whether or not the proposed use is consistent with the General Plan and Development Code.; The proposed use is consistent with the City of Temecula General Plan which specifies that the project site is designated as Specific Plan Implementation (Uptown Temecula Specific Plan). The land use designation within the Specific Plan is Uptown Center (UC). Grocery stores selling alcohol are a permitted use within the UC. The proposed use is consistent with the Development Code which allows for grocery stores. Under Temecula Municipal Code Section 17.10.020.8.2, the sale of alcoholic beverages at grocery stores is a permitted use when the primary use is permitted by right. X:\Planning\2018\PA18-1088 Best Wei PC or N\Planning\Planning Commission\PC Resolution Exempt from CEQA.docx B. Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses. Best Wei Chinese Health Food is located within an existing shopping center on a developed lot. Other uses within the center consist of restaurant, retail and offices. There are no sensitive uses within the center. As conditioned, the proposed use is compatible with the nature, condition and development of adjacent uses, buildings and structures, and the proposed conditional uses will not adversely affect the adjacent uses, buildings or structures. C. Whether or not the proposed use would have an adverse effect on adjacent land uses. As conditioned, the project will meet all requirements of the Development Code and General Plan which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. D. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity. Census Tract 0512.00, where Best Wei Chinese Health Food is located, is currently considered "over-concentrated" with off-sale alcohol licenses by the California Department of Alcoholic Beverage Control (ABC). Four (4) off-sale licenses are allowed within the tract by ABC before being considered "over- concentrated." Currently, the tract has thirteen (13) active licenses. This concentration of on-sale licenses can be explained by the population residing in the tract versus the amount of commercial development within in the tract, the regional draw of the mall, successful commercial centers, and tourism. Consequently, a significant portion of the actual population utilizing these facilities does not reside within the Census Tract. As an ABC defined `over- concentrated" tract, a Finding of Public Convenience or Necessity is required for the approval of the Type 20 (off-sale beer and wine) ABC license. X:\Planning\2018\PA18-1088 Best Wei PC or N\Planning\Planning Commission\PC Resolution Exempt from CEQA.docx Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1, Existing Facilities); Under Section 15301, Class 1, Existing Facilities, licensing and permitting that involves negligible or no changes in use qualify for a categorical exemption. Alcohol sales are common ancillary uses in grocery/discount stores, and the sale of beer and wine (off-sale) involves a negligible change in use. Additionally, all access and public utilities are available to the site, and the use is in conformance with all zoning requirements of the Development Code. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA18-1088, a Finding of Public Convenience or Necessity application for Best Wei Chinese Health Food located at 27452 Jefferson Avenue, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. X:\Planning\2018\PA18-1088 Best Wei PC or N\Planning\Planning Commission\PC Resolution Exempt from CEQA.docx Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of December, 2018. ^ / , r ry oumans, Chairman ATTEST: Z Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 18-28 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of December, 2018, by the following vote: AYES: 4 PLANNING COMMISSIONERS: GUERRIERO, TELESIO, TURLEY-TREJO, WATTS NOES: 0 PLANNING COMMISSIONERS: NONE ABSENT: 0 PLANNING COMMISSIONERS: NONE RECUSED: 1 PLANNING COMMISSIONERS: YOUMANS uke Watson Secretary X:\Planning\2018\PA18-1088 Best Wei PC or N\Planning\Planning Commission\PC Resolution Exempt from CEQA.docx EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA18-1088 Project Description: Best Wei PC or N:A Finding of Public Convenience or Necessity application for Best Wei Chinese Health Food located at 27452 Jefferson Ave Assessor's Parcel No.: 910-310-009 MSHCP Category: N/A(No New Grading or Square Footage) DIF Category: N/A(No New Square Footage) TUMF Category: N/A(No New Square Footage) Quimby Category: N/A(No New Square Footage) New Street In-lieu of Fee: N/A(No New Square Footage) Approval Date: December 5, 2018 Expiration Date: December 5, 2020 PLANNING DIVISION General Requirements 1. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys 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. 2. Expiration. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit. 3. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant up to five extensions of time, one year at a time. 4. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 5. Water Quality and Drainage. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. 6. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 7. Statement of Operations. The applicant shall comply with their Statement of Operations dated (enter date) , on file with the Planning Division, unless a conflict exists between the Statement of Operations and these Conditions of Approval, in which case the Conditions of Approval control. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 8. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit.