HomeMy WebLinkAbout03_013 PC ResolutionPC RESOLUTION NO. 2003-013
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA DENYING THE APPEAL OF THE PLANNING
DIRECTOR'S DECISION TO DENY PLANNING APPLICATION NO.
PA03-017, A TEMPORARY USE PERMIT TO ESTABLISH A
TEMPORARY FRESH FRUIT STAND LOCATED ON THE
NORTHEAST CORNER OF NICOLAS ROAD AND WINCHESTER
ROAD, KNOWN AS ASSESSOR'S PARCEL NO. APN 92-100-013.
WHEREAS, Bob & Gary's Field Fresh Berries, filed Planning Application No. PA03-017, in
accordance with the City of Temecula General Plan and Development Code; and
WHEREAS, Planning Application No. PA03-017 was processed including, but not limited to
public notice, in the time and manner prescribed by State and local law; and
WHEREAS, the application is exempt from environmental review in accordance with the
California Environmental Quality Act; and
WHEREAS, at the conclusion of the Administrative review of the application the Planning
Director denied Planning Application Nc. PA 03-017 on February 5, 2003; and
WHEREAS, an appeal of the Planning Director's decision to deny Planning Application
PA03-017 was properly filed by Mr. Gary Craig on January 9, 2003; and
WHEREAS, the Planning Commission considered the appeal, staff report, and the complete
public record at a duly noticed public hearing on Mamh 19, 2003; and
WHEREAS, the Planning Commission determined that the Planning Director's findings were
consistent with the requirements of the City's General Plan, Development Code, and all other
applicable state and local laws; and
WHEREAS, the appeal application failed to adequately present a 'lair argument~' and lacked
sufficient evidence to overturn the Planning Director's decision;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1.
by reference.
That the above recitations are true and correct and are hereby incorporated
Section 2. Findinqs. The Planning Commission, in denying the appeal of the Planning
Director's decision to deny Planning Application No. PA03-017 hereby makes the following findings
as required by Section 17.04.020.D of the Temecula Municipal Code:
TEMPORARY USE PERMIT (Section 17.04.020.D)
1. The proposed temporary use is compatible with the nature, character and use of the
surrounding area.
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The project is consistent with nature, character and the use of surrounding area. The
proposed fruit stand is a retail use, which is consistent with Roripaugh Estates Specific Plan.
2. The temporary use will not adversely affect the adjacent uses, buildings or structures.
The temporary use permit has been routed to all applicable agency and departments. The
project will be conditioned and inspected by Riverside County Health department, Building
and Safety and Fire for compliance with local codes and ordinance.
3. The nature of the proposed use is detrimental to the health, safety, and welfare of the
community.
The Project is not consistent with the goals and policies within the Goal 3, of the General
Plan, which requires that, the City, "Protect the health, safety of the public from
encroachment by commercial uses". The applicant has not complied with the requirements
that there shall not be any curb cuts allowed and access through Winchester Road all
access should be made through Nicolas Road. Under no condition shall there be access.
Section 3. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Commissi°n this 19th day °f March 2003' ~V~ [,.~t
'"--De'nnis Chiniaeff, Chairperson
ATTEST:
Debbie Ubnosk~;-Secretary
SEAL}~ ·
S~i~,TE OF CALIF .O~IA )
COUN _T¥-OF RIVERSIDE ) ss
CITY-OE. TEM E?~ULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certifythat
PC Resolution No. 2003-013 was duly and regularly adopted by the Planning Commission of the
City of Temecula at a regular meeting thereof held on the 19th day of March 2003, by the following
vote:
AYES:
5 PLANNING COMMISSIONERS:
NOES:
0 PLANNING COMMISSIONERS:
ABSENT: 0 PLANNING COMMISSIONERS:
ABSTAIN: 0
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
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EXHIBIT A
CONDITIONS OF APPROVAL
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EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No:
Project Description:
Project Location:
Assessor's Parcel No.
Denied Date:
Expiration Date:
PA03-0017 ('remporary Use Permit)
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA DENYING THE APPEAL OF THE
PLANNING DIRECTOR'S DECISION TO DENY PLANNING
APPLICATION NO. PA03-017, A TEMPORARY USE
PERMIT TO ESTABLISH A TEMPORARY FRESH FRUIT
STAND LOCATED ON THE NORTHEAST CORNER OF
NICOLAS ROAD AND WINCHESTER ROAD, KNOWN AS
ASSESSOR'S PARCEL NO. APN 920-100-013.
40240 Winchester Road In Temecula, Ca
920-100-013
March 19, 2003
December 31,2003
PLANNING DEPARTMENT
This approval is valid for February 1st thru July 31, 2003. The site shall be restored to its
original condition or better within (24) twenty-four hours following the conclusion of the event.
2. The applicant shall comply with all conditions of approval Exhibit A set forth in this letter.
3. The applicant shall develop the site as per Exhibit B.
The permittee/applicant shall indemnify, protect and hold harmless, the City and any agency
or instrumentality thereof, and/or any of its officers, employees, and agents from any and all
claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or
any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary
damages resulting from an 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 PA03-017 which action is brought within the
appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4
(Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167).
The City shall promptly notify the permittee/applicant of any claim, action, or proceeding
brought forth within this time period. The City shall estimate the cost of the defense of the
action and applicant shall deposit said amount with the City. City may require additional
deposits to cover anticipated costs. City shall refund, without interest, any unused portions
of the deposit once the litigation is finally concluded. Should the City fail to either promptly
notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnity,
defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its
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officers, employees, or agents. Should the applicant fail to timely post the required deposit,
the Director may terminate this temporary use permit without further notice to the applicant.
PUBLIC WORKS DEPARTMENT
5. No curb cuts are allowed all access should be from Nicolas Rd.
6, No access should be provided from Winchester Rd.
The applicant shall provide adequate dust control including twice daily soil watering, straw
mulch at driveway and parking areas and street sweeping for events occurring on unpaved
lots. Gravel shall be placed at driveway entrance.
FIRE DEPARTMENT
The following are the Fire Departments Conditions of Approval for this project. All questions
regarding the meaning of these conditions shall be referred to the Fire Prevention Bureau.
Fire department access read, a minimum of 24 feet of unobstructed width shall be
maintained through out the event. See site plan for location of access road. (CFC902.2.2.1)
Internal combustion power source, including motor vehicles, generators and similar
equipment, shall:
a. Fuel tanks shall be of adequate capacity to permit uninterrupted operation during
normal operating hours. Refueling shall be conducted only when the equipment is
not in use or running.
b. Shall be isolated from contact with the public by either physical guards fencing or an
enclosure.
c. A minimum of minimum of one fire extinguisher with a rating of not less than 2-A:10-
B:C shall be provided.
10.
Gas-, solid-and liquid-fuel-burning cooked equipment shall not be located within 30 feet of
any structure.
11. Post 'NO SMOKING' signs in the sales stand.
12.
Tents and canopies shall comply with CFC section 3207 and California Code of Regulations
Title 19 Section 335; they shall be labeled or provide certification of flame retardant as
required by the Fire Marshal.
13. Provide fire extinguishers in the vendor area spaced no more than 75 feet.
14.
Extension cords shall be of a commemial type and be in good working condition. Extension
cords shall not be subjected to physical damage. No damage cords or multi-head cords will
be allowed. Extension cords shall be in accordance with Article 85 of the California Fire
Code.
15.
Hay or any other type of combustible material shall not be used as ground cover. Hay, straw,
trash and other similar flammable material shall not be stored within 50 feet of any structure.
16. All flammable vegetation within 50' of any tent shall be removed.
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POLICE DEPARTMENT
The following are conditions of approval for this temporary outdoor use permit request. All questions
regarding these conditions shall be referred to the Police Crime Prevention and Plans Unit.
17.
After review of this temporary outdoor use permit request, there are no requirements for
extra police officers at this event. The following conditions must be met:
18.
The sales and/or use of any alcoholic beverages on premises are prohibited in accordance
with City Ordinance 97-07, (9.14.010 series TMC).
19.
Applicant will ensure no loitering occurs on or adjacent to its premises during hours of
operation.
20.
Applicant will ensure both pedestrian and vehicle traffic is not impeded by this event.
Sidewalks and roadways throughout this area will be kept clear for movement of pedestrian
foot and vehicle traffic.
21. At no time will any road closures occur without permission from the City Council.
22.
Applicant will ensure a six-foot perimeter fencing consisting of chain. Snow or cyclone type
is installed surrounding the entire event area. Furthermore, applicant will post a sign with 24-
hour telephone number and point of contact name for emergency contact by the police
department if any situation should arise at the site.
23.
Applicant will be responsible for any cost incurred by the Police Department if additional
officers are required because of traffic problems/congestions, public disturbance or where
the need for police presence is required.
By placing my signature below, I confirm that I have read, understand and accept all of the above-
mentioned Conditions of Approval. I further understand that any changes I may wish to make to the
event shall be subject to Planning Department approval.
Applicant
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