HomeMy WebLinkAbout19-14 PC Resolution PC RESOLUTION NO. 19-14
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA18-1587, A CONDITIONAL USE
PERMIT AND PUBLIC CONVENIENCE OR NECESSITY
APPLICATION FOR AN EXISTING
CHEVRON/EXTRAMILE TO OBTAIN A TYPE 20 ABC
LICENSE FOR THE SALE OF BEER AND WINE AT 28900
RANCHO CALIFORNIA ROAD, AND MAKING A FINDING
OF EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) (APN: 921-060-
025)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On December 27, 2018, Sherrie Olson, on behalf of G&M Oil Co., LLC.,
filed Planning Application No. PA18-1587, a Conditional Use Permit and 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 April 3, 2019, 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. PA18-1587 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:
Conditional Use Permit, Development Code Section 17.04.010.E
A. The proposed use is consistent with the General Plan and Development
Code;
The conditional uses will consist of an automobile service station with a
convenience store selling alcohol (Type 20 License). This use is permitted upon
the approval of a Conditional Use Permit per the City of Temecula Development
Code. The use is also consistent with the Specific Plan Implementation (SPI)
General Plan designation for the project site.
The City of Temecula Development Code states that businesses selling alcoholic
beverages that require a Conditional Use Permit shall not be located within six
hundred feet of any religious or educational institution, daycare center or public
park. The code indicates that this distance shall be measured between the main
entrance of the alcohol selling business and the closest public entrance of the
religious or educational institution daycare center or public park. None of these
types of sensitive uses are located within 600 feet of the project site and the
proposed use is therefore consistent with the General Plan and Development
Code.
B. The proposed conditional use is compatible with the nature, condition and
development of adjacent uses, buildings and structures and the proposed conditional
use will not adversely affect the adjacent uses, buildings or structures.
The proposed project will be surrounded by similar commercial uses that offer
alcohol sales. For example, a 76 gas station with a Type 20 License is located
directly across Rancho California Road. In addition, the convenience store
portion of the project is already constructed and operating. The Development
Code requires a distance of 600 feet between an alcohol-selling establishment
and sensitive uses. Sensitive uses do not existing within this distance. Therefore,
the use is compatible with the nature, condition and development of adjacent
uses, buildings and structures and the proposed conditional use will not
adversely affect the adjacent uses, buildings or structures.
C. The site for a proposed conditional use is adequate in size and shape to
accommodate the yards, walls, fences, parking and loading facilities, buffer areas,
landscaping, and other development features prescribed in this Development Code and
required by the Planning Commission or City Council in order to integrate the use with
other uses in the neighborhood.
The site has been reviewed and determined to be adequate in size and shape to
accommodate the yards, walls, fences, parking and loading facilities, buffer
areas, landscaping, and other development features prescribed in the
Development Code and required by the Planning Commission and City Council
in order to integrate the use with other uses in the neighborhood.
D. The nature of the proposed conditional use is not detrimental to the health,
safety and general welfare of the community.
The conditional use has been reviewed in order to ensure compliance with all
requirements of the Development, Building, and Fire Codes. These codes
contain provisions designed to ensure the health, safety, and general welfare of
the community. In addition, the business implements a security plan with four
primary crime deterrence components. These include visibility into and out of the
store, interior and exterior lighting, cash control with no more than $50.00 in the
register during the day and $30.00 at night, and store personnel training. No
negative impacts are anticipated.
E. That the decision to approve, conditionally approve, or deny the
application for a conditional use permit be based on substantial evidence in view of the
record as a whole before the Planning Director, Planning Commission, or City Council
on appeal.
The decision to conditionally approve the applications is based on substantial
evidence in view of the record as a whole before the Planning Commission.
Finding of Public Convenience or Necessity (Section 17.10.020)
F. Whether or not the proposed use is consistent with the General Plan and
Development Code.
The 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
Hotel/Tourism District (UHT). The proposed use is allowed within this district
upon approval of a Conditional Use Permit and is therefore consistent with the
General Plan and Development Code.
G. Whether or not the proposed use is compatible with the nature, condition
and character of adjacent land uses.
The convenience store is located within an existing gas station convenience
store on a developed lot. The proposed use is surrounded by similar commercial
uses that offer alcohol. For example, a 76 gas station with a Type 20 License is
located directly across Rancho California Road. There are no sensitive uses
within 600 feet of the proposed use. As conditioned, the proposed use is
compatible with the nature, condition and development of adjacent uses,
buildings and structures, and the proposed conditional use will not adversely
affect the adjacent uses, buildings or structures.
H 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 adjacent land uses and
community as a whole. 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 that will not have an adverse effect on adjacent land uses.
I. Whether or not the proposed use would result in an excessive number of
similar establishments in close proximity.
Census Tract 0512.00, where the project is located, is currently considered
"over-concentrated" with off-sale alcohol licenses by the California Department of
Alcoholic Beverage Control (ABC). One (1) off-sale license is allowed within the
tract by ABC before being considered by ABC to be "over-concentrated."
Currently, the tract has sixteen (16) active licenses. This concentration of off-sale
licenses can be explained by the population residing in the tract versus the
amount of commercial development within in the tract. 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.
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 and Public Convenience or Necessity 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 gas station convenience 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. PA18-1587, a Conditional Use Permit and Public
Convenience or Necessity Application for an existing Chevron/ExxtraMile to obtain a
Type 20 ABC License located at 28900 Rancho California Road, subject to the
Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein
by this reference.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 3rd day of April, 2019.
4(2A'
Gary Watts, Chairman
ATTEST'
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. 19-14 was duly and regularly adopted by the
Planning Commission of the City of Temecula at a regular meeting thereof held on the
3rd day of April, 2019, by the following vote:
AYES: 4 PLANNING COMMISSIONERS: Guerriero, Turley Trejo, Watts,
Youmans
NOES: 0 PLANNING COMMISSIONERS: None
ABSENT: 1 PLANNING COMMISSIONERS: Telesio
ABSTAIN: 0 PLANNING COMMISSIONERS: None
Luke Watson
Secretary
EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA18-1587
Project Description: ExtraMile Type 20 CUP: a Conditional Use Permit and Public Convenience
or Necessity Application for an existing Chevron/ExtraMile to obtain a Type
20 ABC License located at 28900 Rancho California Road.
Assessor's Parcel No.: 921-060-025
MSHCP Category: N/A(No New Square Footage or Grading)
DIF Category: N/A(No New Square Footage)
TUMF Category: N/A(No New Square Footage)
Quimby Category: N/A(Non-Residential Project)
New Street In-lieu of Fee: N/A(No New Square Footage or Grading)
Approval Date: April 3, 2019
Expiration Date: April 3, 2021
PLANNING DIVISION
Within 48 Hours of the Approval
1. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a
cashiers check or money order made payable to the County Clerk in the amount of Fifty
Dollars ($50.00) for the County administrative fee, to enable the City to file the Notice of
Exemption as provided under Public Resources Code Section 21152 and California Code of
Regulations Section 15062 If within said 48-hour period the applicant/ developer has not
delivered to the Planning Division the check as required above, the approval for the project
granted shall be void by reason of failure of condition (Fish and Wildlife Code Section
711 4(c)).
General Requirements
2. 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.
3 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.
4. 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
5. Consistency with Specific Plans. This project and all subsequent projects within this site shall
be consistent with Specific Plan No. 14 (Uptown Temecula Specific Plan).
6. 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.
7. 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.
8 Modifications or Revisions. The permittee shall obtain City approval for any modifications or
revisions to the approval of this project.
9 Sale of Motor Vehicle Fuel and Alcoholic Beverages. Notwithstanding any other provision of
law, establishments engaged in the concurrent sale of motor vehicle fuel with beer and wine
for off-premises consumption shall abide by the following conditions.
i. No beer or wine shall be displayed within five feet of the cash register or building
entrance
ii No sale of alcoholic beverages shall be made from a drive-up window
iii. No display or sale of beer or wine shall be made from an ice tub or similar device or unit.
Only the walk-in cooler exhibited on the floor plan may be used. (Revised at April 3,
2019 PC Hearing)
iv No beer or wine advertising shall be located on motor fuel islands.
v. No beer or wine advertising shall be located on the building, windows, doors, or on
freestanding signage.
vi. No self-illuminated advertising for beer or wine shall be located on buildings or
freestanding signage.
vii Only employees on duty who are at least 21 or older may sell alcoholic beverages
between the hours of ten p.m. and two a.m (Revised at April 3, 2019 PC Hearing)
viii. Distilled spirits and pre-mixed spirit cocktails are prohibited.
10. Statement of Operations. Notwithstanding any other provision of law, establishments
engaged in the concurrent sale of motor vehicle fuel with beer and wine for off-premises
consumption shall abide by the following conditions.
i No beer or wine shall be displayed within five feet of the cash register or building
entrance.
ii No sale of alcoholic beverages shall be made from a drive-up window.
iii. No display or sale of beer or wine shall be made from an ice tub or similar device or unit.
iv No beer or wine advertising shall be located on motor fuel islands.
v No beer or wine advertising shall be located on the building, windows, doors, or on
freestanding signage.
vi. No self-illuminated advertising for beer or wine shall be located on buildings or
freestanding signage
vii Only employees on duty between the hours of ten p m and two a m. who are at least
twenty-one years of age may sell alcoholic beverages.
viii Distilled spirits and pre-mixed spirit cocktails are prohibited.
11. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section
17.03.080 of the City's Development Code
12. City Review and Modification of CUP. The City, its Director of Community Development,
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 business, a change in scope, emphasis, size of 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 Director of Community Development, Planning Commission and City Council is in
addition to, and not in-lieu of, the right of the City, its Director of Community Development,
Planning Commission, and City Council to review, 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 Release of Power, Building Occupancy or Any Use Allowed by This Permit
13 Compliance with Conditions of Approval. All of the foregoing conditions shall be complied
with prior to occupancy or any use allowed by this permit.
POLICE DEPARTMENT
General Requirements
14 Type 20 License. OFF SALE GENERAL- (Package Store) Authorizes the sale of beer, wine
and distilled spirits for consumption off the premises where sold, no distilled spirits may be on
the premises. Minors are allowed on the premises.
15. Consumption of Alcoholic Beverages in Public Prohibited The applicant shall comply with
Temecula Municipal Code Section 9 14 010, Consumption of Alcoholic Beverages in Public
Prohibited.
16. Identification Verification. Identification will be verified utilizing one of the following: (a) valid
California driver's license; (b) valid California identification card; (c) valid military identification
card (active/reserve/retired/dependent), (d) valid driver's license from any of the 50 States or
Territories of the United States; (e) valid U.S. Passport; (f) valid government issued
identification card issued by a Federal, State, County or City agency.
17 Acceptable Forms of Identification 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 Section 25660 of the Business and Profession Code (B&P), which includes the
following requirements: (a) name of person; (b) date of birth, (c) physical description, (d)
photograph, (e) currently valid (not expired). It is the responsibility of the business owner and
any person who serves or sells alcohol to be aware of current laws and regulations pertaining
to alcoholic beverages.
18. Disorderly House. Licensees may not permit their licensed premises to become a disorderly
house A disorderly house is a licensed outlet (on or off sale) that: (a) disturbs neighbors
with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc.,
and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution,
narcotics, etc. The licensed premise includes the parking lot(Section 25601 B&P; 316 PC).
19. Inspections. Police officers, sheriff's 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, storeroom, 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; 148 and 241 (b) PC)
20 No Alcohol Sales between 2:00 AM and 6:00 AM Licensees may not sell, give, or deliver
alcohol (by the drink or by the package) between 2:00 a.m and 6:00 a.m of the same day.
No person may knowingly purchase alcohol between 2:00 a.m and 6.00 a.m. Section 25631
B&P Code) Licensees may not permit patrons or employees to consume alcohol between
2.00 a.m and 6.00 a.m of the same day(even if someone bought the drinks before 2.00 a.m.
Section 25632 B&P) Some ABC licenses have special conditions (restrictions) as to hours of
sale that are stricter that the law Those licenses are marked "Conditional" (23805 B&P).
21. Employee Training for Identification Checks The applicant shall 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 and identification checks The
Temecula Police Department provides free 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 training session for all new employees. Contact the Crime Prevention and Plans Unit at
(951) 506-5132 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.
22 Questions Regarding Conditions. Any questions regarding these conditions should be
directed to the Temecula Police Department Crime Prevention and Plans Unit at (951)
695-2773