HomeMy WebLinkAbout03-062 CC ResolutionRESOLUTION NO. 03-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DENYING AN APPEAL OF THE PLANNING
COMMISSION'S DECISION TO DENY PLANNING
APPLICATION NO. PA03-017 A TEMPORARY USE PERMIT TO
ESTABLISH A FRESH FRUIT STAND LOCATED ON THE
NORTHEAST CORNER OF NICOLAS ROAD AND
WINCHESTER ROAD KNOWN AS ASSESSOR'S PARCEL NO.
920-100-013.
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. Gary M. Craig, dba: Bob & Gary's Berries, filed an Appeal of Planning
Commission's decision to deny Planning Application No. PA03-017, a
temporary use permit to establish a fresh fruit stand located on the northeast
corner of Nicolas Road and Winchester Road, known as Assessor's Parcel
No. 920-100-013.
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 a duly noticed public
hearing on March 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. 2003-013, denying Planning Application
No. PA03-017, a temporary use permit to establish a fresh fruit stand located
on th~ northeast corner of Nicolas Road and Winchester Road, known as
Assessor's Parcel No. 920-100~013.
E. On
May 27, 2003, the City Council of the City of Temecula held a duly noticed
public hearing on the Project at which time all persons interested in the
Project had the opportunity and did address the City Council on these
matters.
Section 2.
findings:
The City Council of the City of Temecula hereby makes the following
The proposed temporary use is compatible with the nature, character and use of the
surrounding area.
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.
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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 Goal 3 of the Public Safety Element of the General
Plan, which states that the City, "Protect the health and safety of the public from encroachment
by commercial uses". Should this commercial use be approved with access off of Winchester
Road, Public Works has determined a public health and safety risk would be created.
Section 3. The City Council of the City of Temecula hereby denies the Appeal of the
Planning Commission's decision to deny Planning Application No. PA03-017 a request to
establish a temporary strawberry stand located on the northeast corner of Nicolas Road and
Winchester Road, known as Assessor's Parcel No. 920-100-013.
Section 4. The City Clerk shall certify to the adoption of this Resolution.
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--62 was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting held on the 27th 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
'~..,,,/ City Clerk
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