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Home My WebLink About03-008 CC ResolutionRESOLUTION NO. 03-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY PA02-0223, A REQUEST FOR A FINDING OF PUBLIC CONVENIENCE OR NECESSITY TO UPGRADE THE CURRENT ALCOHOL BEVERAGE CONTROL (ABC) LICENSE FROM A TYPE 20 (OFF SALE BEER AND WINE LICENSE) TO A TYPE 21 (OFF-SALE GENERAL LICENSE) LOCATED IN THE MORAGA PLAZA AT 29762 RANCHO CALIFORNIA ROAD ON THE NORTH SIDE OF RANCHO CALIFORNIA ROAD, BETWEEN LYNDIE LANE AND MORAGA ROAD KNOWN AS ASSESSOR'S PARCEL NO. APN 921-310-022. 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 Jalal Zora, Stop Quick Mini Mart, filed an Appeal of Planning Commission's decision to deny Planning Application No. PA02-0223, a request for a Finding of Public Convenience or Necessity to upgrade the current Alcohol Beverage Control license from a Type 20 (Off Sale Beer and Wine License) to a Type 21 (Off Sale General License) located in the Moraga Plaza at 29762 Rancho California Road on the north side of Rancho California Road, between Lyndie Lane and Moraga Road known as Assessor's Parcel No. 921-310-022. ("Project"). The application for the Project was processed and an environmental review was conducted as required by the California Environmental Quality Act. The Planning Commission of the City of Temecula held duly noticed public hearings on November 20, 2002 and December 4, 2002 to. consider the application for the Project. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 2002-059 recommending denial of Planning Application PA02-0223 a request for a Finding of Public Convenience or Necessity to upgrade the current Alcohol Beverage Control license from a type a Type 20 (Off Sale Beer and Wine License) to a Type 21 (Off Sale General License) located in the Moraga Plaza. On January 28, 2003, the City Council of the City of Temecuia held a duly noticed public hearing on the Project at which time all persons interested R:/Resos 2003/Resos 03-08 1 in the Project had the opportunity and did address the City Council on these matters. On January 28, 2003, the City Council of the City of Temecula denied an Appeal of the Planning Commission's decision to deny PA02-0223 a Finding of Public Convenience or Necessity when it adopted Resolution No. 03-08. Section 2. The City Council of the City of Temecula in denying the request for a Finding Public Convenience or Necessity hereby makes the following findings: Q: 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, other special services)? A: The application does not meet this criteria. Stop Quick Mini-Mart offers packaged, refrigerated and frozen foods and beer and wine typically found in most convenience stores throughout Southwest Riverside County. Therefore, their business does not fill a market niche not currently occupied by other license holders in the City. Q; Does the proposed establishment cater to an under-served population (i.e. patrons of a different socio-economic class)? A: The application does not meet this criteria. Stop Quick Mini Mart is expected to serve all socio-economic classes. Products sold by Stop Quick Mini Mart offer no specialty type items such as are found in health food stores and specialty stores. Stop Quick Mini Mart offers food items typically found in grocery stores and other convenience markets. Q: Would the proposed mode of operation of the proposed establishment (i.e. sales in conjunction with gasoline sales, tours, etc.) be unique or differ from that of other establishments in the area? A; The application does not meet this criteria. Sales are anticipated to be typical of market operations. Q: 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? A: The application does not meet this criteria. The shopping center, in which Stop Quick Mini Mart is located, is in an area, which is fully urbanized and is bordered by major roadways such as Rancho California Road to the south and Lyndie Lane to the west. Q; Is the proposed establishment located in an area where there is a significant influx of population during certain seasonal periods? A; The application does not meet this criteria. Population in the area is expected to be seasonally stable, but increasing as the adjacent multi- R:/Resos 2003/Resos 03-08 2 family and single-family residential areas continue to attract development. Q: Is there a proliferation of licensed establishments within the Census Tract of the proposed establishment? A: The application will worsen the proliferation. According to the Department of Alcohol Beverage Control there is currently an over concentration of (7) off-sale licenses within the subject Census Tract (0432.16). Specifically ABC has determined there are currently (12) off-sale licenses with only 5 allowed. Q: Are there any sensitive uses (i.e., schools, parks, hospitals, churches) in close proximity (500 feet) to the proposed establishment? A: The application does not comply with mandatory spacing requirement for sensitive uses, but is a pre-existing legal non-conforming use. Q: Would the proposed establishment interfere with these sensitive uses? A; The application meets this criteria. The Department of Alcohol Beverage Control has concluded that the proposed use would not interfere with the Kindercare Day Care Center or the Church facility. Q: Would the proposed establishment interfere with the quiet enjoyment of their property by the residents of the area? A: The application meets this criteria. It is unlikely that the license upgrade proposed for Stop Quick Mini-market will interfere with residents east and north of the area. Residences are beyond 500 feet of the shopping center in which the licensee currently operates. Q: Will the proposed establishment add to law enforcement problems in the area ? A; The application can comply with this criteria. The City of Temecula Police Department has reviewed the application for an upgrade from a Type 20 to a Type 21 license and approved the change on April 30, 2002. (See attached Exhibit) Section 3. The City Council of the City of Temecula hereby denies the Appeal of the Planning Commission's decision to deny a request for a Finding of Public Convenience or Necessity to upgrade the current Alcohol Beverage Control license from a type a Type 20 (Off Sale Beer and Wine License) to a Type 21 (Off Sale General License), located in the Moraga Plaza at 29762 Rancho California Road on the north side of Rancho California Road, between Lyndie Lane and Moraga Road, known as Assessor's Parcel No. 921-310-022. ("Project"). Section 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 28th day of January, 2003 R:/Resos 2003/Resos 03-08 3 A'I~I'EST: Jeffrey E. Stone, Mayor 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. 03-08 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting held on the 28th day of January, 2003, by the following vote: AYES: 3 COUNCILMEMBERS: Comerchero, Naggar, Roberts NOES: 2 COUNCILMEMBERS: Pratt, Stone ABSENT: 0 ABSTAIN: 0 COUNCILMEMBERS: COUNCILMEMBERS: None None C k R:/Resos 2003/Resos 03-08 4 FORM PER SECTION 23958.4 for Off Sale, On Sale Beer and Public Premises Licenses LICENSE TYPE: " .~. PE o71 or'-V. .~qLf TYPE OR BUSINESS (i.e. Bar, Store Gas Station, etc.): /,'//,~t t4,qgT' CRIME REPORTING DISTRICT °l NUMBER OF LICENSES ALLOWED DISTRICT AVERAGE X 120% = = HIGH CRIME (20% average) CRIMES IN THIS REPORTING DISTRICT N !A'" BEAT MAP NO. If the above premises are ldcated in an area which has an over concentration of alcoholic beverage licenses ~nd/or a higher than average crime rate as def'me.d in-SeCtion:23958.4 of the Business and Professions Code, contact City/County official for completion of this form. (This section to be completed by City/County Official) ~ 9_.~ [~.'~p(~., = -L L',o.~-. lWILL PUBLIC CONVENIENCE OR NECESSITY BE SERVED BY ISSUANCE OF THIS COHOLIC BEVERAGE LICENSE? ~ ( ) YES ( ) NO ,. ' Name Of City/CoUnty Official i~ature of City/Council Official PhQne Number Under the penalty of perjury, I dccla~ the information in Ibis affidayit is ama to tho best of my knowledge. I acknowledge lhat any fal¢ or misleading information will constitute grounds for denial of tho applictlon for the license or if tho licenso is issued in relianC.* · ,on information in lifts affidavit which is false or misleading, then such information will constimto grounds for ~evOCaliou of the' APPLICANTS: SIGNATURE: ~-.~,ATE: q-3e)-.?ool .. (Please Prin0 APPLICANTS NAME: ADDRESS: OFFICIAI.3: '.. MAIL COMPLETED FORM TO: 1350 Front St., Room g5056, San Diego, CA 92101 ' ' ' m SanDiego. CA ~t2101