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HomeMy WebLinkAbout03-07 DH Resolution DH RESOLUTION NO. 2003-007 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 02-0573, A MINOR CONDITIONAL USE PERMIT TO PERMIT THE OFF SALE OF BEER AND WINE WITHIN AN ALREADY APPROVED AND UNDER CONSTRUCTION AM/PM GAS STATION MINI MART LOCATED AT 44987 OLD TOWN FRONT STREET. WHEREAS, Sandy Finn, representing 21st Century Oil, LLC, filed Planning Application No. 02-0573, in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. 02-0573 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Director, at a regular meeting, considered Planning Application No. 02-0573 on March 20, 2003, 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; WHEREAS, at the conclusion of the Planning Director's Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. 02- 0573 subject to the conditions of approval after finding that the project proposed in Planning Application No. 02-0573 conformed to the City of Temecula General Plan and Development Code; NOW, THEREFORE, THE DIRECTOR OF PLANNING OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinqs. The Planning Director, in approving Planning Application No. 02-0573 (Minor Conditional Use Permit) hereby makes the following findings as required by Section 17.04.010.E of the Temecula Municipal Code: A. The overall design and use of the site for the sale of alcoholic beverages is compatible with the nature, condition, and development of adjacent uses and will not adversely affect the adjacent uses, buildings, or structures as the site is not within 500' of existing schools, churches, or parks. B. The site of this proposed conditional use is an expansion of the use of an approved and under construction convenience market for a gas station. The site is adequate in size and shape to accommodate the expanded use of the site to include off-sale of beer and wine without affecting the yard, parking and loading, landscaping, and other development features prescribed in the Development Code in order to integrate the use with other uses on the site and in the neighborhood. Furthermore, the project is not proposing to expand the already approved structure. p:~PLANN IN G~D IRH EAR~Resolutions~2003~D H Reso 02-0573.dec C. The proposed Conditional Use Permit includes off-sale of beer and wine. The nature if this use is not detrimental to the health, safety and general welfare of the community as there is no undue concentration of licenses exists as determined by ABC and the site is not within 500' of existing schools, churches, or parks. D. The decision to approve the application for a conditional use permit for off-sale of beer and wine is based on substantial evidence, in view of the record as a whole, before the Director of Planning at the time of the decision. This application has been brought before the Director of Planning at a Public Hearing where members of the community have had an opportunity to be heard on this matter before the Director renders her decision. E. The proposal, the addition of an off-sale beer and wine license to an already approved and under construction gas station/convenience market, is consistent with the land use designation and policies reflected in the Community Commercial (CC) land use standards in the City of Temecula General Plan and the City's Development Code. The site is therefore properly planned and zoned and found to be physically suitable for the type and density of the proposed use. The project as conditioned is also consistent with other applicable requirements of State law and local ordinance, including the California Environmental Quality Act (CEQA). Section3. Environmental Compliance. A Notice of Exemption for Planning Application No. 02-0573 was made per the California Environmental Quality Act Guidelines Section 15301 (Existing Facilities). This project is approved for an existing facility which is under construction. This project does not expand the structure or the use beyond its originally approval. Section 4. Conditions. That the City of Temecula Director of Planning hereby conditionally approves Planning Application No. 02-0573 (Minor Conditional Use Permit) a request for a minor conditional use permit to permit the off-sale of beer and wine within an already approved and under construction AM/PM gas station mini mart located at 44987 Old Town Front Street. The Conditions of Approval are contained in Exhibit A. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Director of Planning this 20th day of March 2003. Dave Hogan, Principal Pia~r~ - I, Lisa Kau, Secretary of the Temecula Planning Director's Hearing, do hereby certify that DH Resolution No. 2003-007 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 20th day of March 2003. Lisa Kau, Secretary p:kPLANN INGkDIRHEARW, esolutioasL2003XDH Reso 02-0573.doc 2 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA02-0573 (Minor Conditional Use Permit) Project Description: A Minor Conditional Use Permit to permit off-sale of Beer and Wine to be carried out from the convenience market at the Arco AM/PM convenience market located at 44987 Old Town Front Street. Development Impact Fee: None Approval Date: March 20, 2003 Expiration Date: March 20, 2005 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicant/developer shall deliver to the Community Development Department - Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Seventy-Eight 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 21108(b) and California Code of Regulations Section 15062. If within said forty- eight (48) hour period the applicant/developer has not delivered to the Community Development Department - Planning Division 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)). General Requirements 2. The applicant and owner of the real property subject to this condition 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. 3. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period which is thereafter diligently p:~PLA NN ING~DIRH EAR~P, esolutions~003~I)H Reso 02-0573.doc 3 pursued to completion, or the beginning of substantial utilization contemplated by this approval. 4. The project shall comply with all the applicable Conditions of Approval for PA98-0437. POLICE DEPARTMENT 5. Prior to the issuance of Certificate of Occupancy, the applicant shall meet with the Temecula Police Department to assure that he/she is updated on the current policies, procedures and training established by the Department of Alcoholic Beverage Control. 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 Signature Date Applicant Printed Name p:XPLANN ING~D IRHEAR~Res olution s~2003~DH Reso 02-0573.doc 4