HomeMy WebLinkAbout03-041 CC ResolutionRESOLUTION NO. 03-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DENYING PLANNING APPLICATION NO. 02-0274,
A CONDITIONAL USE PERMIT TO OPERATE A DRIVE
THROUGH AT A 13,217 SQUARE FOOT DRUG STORE, AND
TO PERMIT THE SALE OF ALCOHOL AT A 48,427 SQUARE
FOOT GROCERY STORE AND AT 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.
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
A. John Clement, Venture Pointe, filed Planning Application No. PA02-0274, a
Conditional Use Permit request to establish a drive-through lane at the
13,217 square foot drug store and to permit the sale of alcohol at a 48,372
square foot grocery store and at a 13,217 square foot drug store located at
the southeast corner of Rancho California and Meadows Parkway, known as
Assessor's Parcel No. 954-030-001 ("Project").
B. The application for the Project was processed and an environmental review was
conducted as required by the California Environmental Quality Act.
C. The Planning Commission of the City of Temecula held duly noticed public
hearings on December 4, 2002, January 15, 2003 and February 19, 2003 to
consider the application for the Project.
D. Following consideration of the entire record of information received at the public
hearing and due consideration of the proposed Project, the Planning
Commission adopted Resolution No. 2003-012, recommending that the City
Council approve certain portions of Planning Application No. 02-0274, a
Conditional Use Permit to permit the sale of alcohol at a 48,372 square foot
grocery store and at a 13,217 square foot drug store; and recommended
denial of that portion of Planning Application No. 02-0274, which would have
established a drive through lane at the 13,217 square foot drug store located
at the southeast corner of Rancho California and Meadows Parkway, known
as Assessor's Parcel No. 954-030-001.
E. On April 22, 2003, the City Council of the City of Temecula held a duly noticed
public hearing for Planning Application No. PA02-0274,
F. On May 13, 2003, the City Council of the City of Temecula adopted by consent
Resolution 03-41 denying Planning Application No. PA02-0274.
Section 2. The City Council of the City of Temecula hereby makes the following
findings for denial pursuant to Development Code Section 17.04.010E:
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A. The proposed conditional use is not consistent with the General Plan or the
Margarita Village Specific Plan. As defined in the General Plan
"Neighborhood Commercial designation includes smaller-scale business
activities which generally provide retail or convenience services for the local
residents in the surrounding neighborhood (Page 2-29)." The Margarita
Village Specific Plan refers back to the Commercial Standards located in
Chapter 17.08 of the Development Code, which only permits small-scale
grocery stores that are less than 25,000 square feet. The proposed 48,372
square foot exceeds the permitted square footage for both the General Plan
and Development Code.
B. The proposed conditional use is not compatible with the nature, condition and
development of the adjacent uses, buildings and structures. The proposed
use is associated with a 48,372 square foot building that has been
determined by the City Council to not be compatible with the surrounding
single-family residences. Land Use Policy 3.1 of the General Plan states
"Consider the compatibility of proposed projects on surrounding uses in
terms of size and configuration of buildings, use of materials and
landscaping, preservation of existing vegetation and landform, the location of
access routes, noise impacts, traffic impacts, and other environmental
conditions".
C. The decision to deny Planning Application No. PA02-0274, a Conditional Use
Permit to operate a drive through at a 13,217 square foot drug store, and to
permit the sale of alcohol at a 48,372 square foot grocery store and at a
13,217 square foot drug store was based on substantial evidence in view of
the record as a whole before the City Council.
Section 3. The City Council of the City of Temecula hereby denies Planning
Application No. PA02-0274, a Conditional Use Permit request to establish a drive-through lane
at the 13,217 square foot drug store and to permit the sale of alcohol at a 48,372 square foot
grocery store and at a 13,217 square foot drug store located at the southeast corner of Rancho
California and Meadows Parkway, known as Assessor's Parcel No. 954-030-001.
Section 4. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 13th day of May, 2003
[SEAL]
~__~ ~ ~)1.~' '""'"-J~ffrey E. Stone, Mayor
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STATE Of CALIFORNIA )
COUNTY Of RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify
that Resolution No. 03-41 was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 13th day of May, 2003, by the following vote:
AYES:
5 COUNCILMEMBERS: Comerchero, Naggar, Pratt, Roberts, Stone
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 0
COUNCILMEMBERS: None
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