HomeMy WebLinkAbout03_012 PC ResolutionPC RESOLUTION NO. 2003-012
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THE CITY COUNCIL
APPROVE PLANNING APPLICATION NO. 02-0274, A
CONDITIONAL USE PERMIT TO PERMIT THE SALE OF
ALCOHOL AT A 48,372 SQUARE FOOT GROCERY STORE
AND A 13,217 SQUARE FOOT DRUG STORE, GENERALLY
LOCATED SOUTH OF RANCHO CALIFORNIA ROAD AND
EAST OF MEADOWS PARKWAY AND KNOWN AS
ASSESSORS PARCEL NO. 954-030-001.
WHEREAS, Venture Point, filed Planning Application No. 02-0274 Conditional Use
Permit, in a manner in accord with the City of Temecula General Plan and Development Code;
WHEREAS, the Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law;
WHEREAS, the Planning Commission, at regular meetings, considered the Application
on December 4, 2002, January 15, 2003, and February 19, 2003, at duly noticed public
hearings 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 Commission hearing and after due consideration of
the testimony, the Commission recommended City Council approval of the Application subject
to and based upon the findings set forth hereunder;
WHEREAS, all legal preconditions to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE PLANNING COMMISSION 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. Findings. The Planning Commission, in recommending approval of the
Application hereby makes the following findings:
1. The proposed project is consistent with the Land Use Element of the general
plan. The proposed drive through and request for alcohol sales meets the purpose and intent of
a conditional use permit as defined in Section 17.04.010A of the development code.
2. The nature of the proposed conditional use will not be detrimental to the general
welfare of the community. Staff has determined with statistics from the Department of Alcoholic
Beverage Control, Census Tract 0432.21 permits 11 off-sale licenses and currently there is only
one active license within the Census Tract. The two proposed requests for off-sale liquor
licensees would not create an undue concentration of '1'ype-21 licenses in the area.
3. Staff has reviewed the proposed project against the development code
requirements shopping centers and has found that the project meets or exceeds all of the
requirements.
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4. This application has been brought before the Planning Commission at a Public
Hearing where members of the public have had an opportunity to be heard on this matter before
the P~anning Commission renders their decision.
Section 3. Environmental Compliance. Recommend Adoption of a Mitigated
Negative Declaration and Mitigation Monitoring Plan based on the Initial Study, which was
prepared pursuant to CEQA Guidelines Section 15072.
Section 4. Conditions. That the City of Temecula Planning Commission hereby
recommends that the City Council conditionally approve Planning Application 02-0274 a
Conditional Use Permit to permit the sale of alcohol at a 48,372 square foot grocery store and a
13,217 square foot drug store with the conditions of approval and mitigation measures attached
as Exhibit A.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 19th day of February 2003.
iniaeff, Chairperson'T~,,,~M
ATTEST:
Debbie Ubnoske, Secretary
[SEAL] '~ ,.
-STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CIL,T;Y,..oF TEUEgU~ )
I, Debbie'"0bnoske, Secretary of the Temecula Planning Commission, do hereby certify
that PC Resolution No. 2003-012 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 February, 2003, by
the following vote of the Commission:
AYES: 4
PLANNING COMMISSIONERS:
Mathewson, Olhasso, Telesio and
Chairman Chiniaeff
NOES:
0 PLANNING COMMISSIONERS: None
ABSENT: 0 PLANNING COMMISSIONERS: None
ABSTAIN: 1 PLANNING COMMISSIONERS: Guerriero
/Deb~ie 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.:
02-0274 (Conditional Use Permit)
Project Description:
A Conditional Use Permit to permit the sale of
alcohol at a 48,372 square foot grocery store
and a 13,217 square foot drug store.
DIF Category:
Service Commercial
Assessor's Parcel No.:
954-030-001
Approval Date: TBD
Expiration Date: TBD
PLANNING DIVISION
Within Forty-Eight (48) Hours of the Approval of this Project
The applicant 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 One thousand three hundred and fourteen dollars ($1314.00) for the County
administrative fee, to enable the City to file the Notice of Determination required under
Public Resources Code Section 21108(b) and California Code of Regulations Section
15075. If within said forty-eight (48) hour period the applicant 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
The permittee/applicant shall indemnify, defend with counsel of City's own election, 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 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
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either promptly notify or cooperate fully, permittee/applicant shall not, thereafter be
responsible to indemnify, defend, protect, or hold harmless the City, any agency or
instrumentality thereof, or any of its officers, employees, or agents.
The text of Amendment No. 6 to the Margarita Village Specific Plan shall conform to
Exhibit "N", "Margarita Village Amendment No.6" dated February 19, 2003.
The Applicant shall submit ten (10) copies of the Amended Specific Plan to the Planning
Department within 30 days of the approval date.
All conditions shall be complied with prior to any occupancy or use allowed by this
Conditional Use Permit.
This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's
Development Code.
The permittee shall obtain City approval for any modifications or revisions to the
approval of this Conditional Use Permit.
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
pursued to completion, or the beginning of substantial utilization contemplated by this
approval.
Prior to Commencement of Alcohol Sales
The applicant shall be required to contact the Department of Alcoholic Beverage Control
to verify that there is not an over concentration of "off-sale" licenses within Census Tract
0432.21 or the Census Tract in which the pamel is located. If at the time of a request for
an "off-sale" liquor license, the Department of Alcoholic Beverage Control determines
that the Census Tract is over concentrated; the applicant will be required to apply for a
Public Convenience or Necessity Application with the City of Temecula.
By placing my signature below, I confirm that I have read, understand and accept all the above
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's Signature
Name printed
Date
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