The URL can be used to link to this page

Home My WebLink About04_041 PC Resolution PC RESOLUTION NO. 2004-041 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE AND PLANNED DEVELOPMENT OVERLAY NO.4 TO MODIFY THE SCHEDULE OF PERMITTED USES TO CONDITIONALLY PERMIT THE SALE OF ALCOHOL AND TO PERMIT BLUEPRINT AND DUPLICATING SERVICES IN THE VILLAGE COMMERCIAL AREA OF PDO-4, (PLANNING APPLICATION PA04-0384)" WHEREAS, on November 9,1993, the City Council of the City of Temecula adopted the General Plan; and WHEREAS, on January 25, 1995, the City Council of the City of Temecula initially adopted the City's Development Code; and WHEREAS, on November 28, 2000, the City Council of the City of Temecula adopted Planned Development Overlay District Number 4 (PDO-4); and WHEREAS, on June 02, 2004, David J. Esoldi, Temecula Creek Village, LLC applied for a text only zoning amendment to revise the schedule of uses for the Temecula Creek Village Planned Development Overlay District (PDO-4); and WHEREAS, the Planning Commission considered the proposed amendment on August 4, 2004, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, an did testify either in support or opposition to this matter; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findinas. The Planning Commission, in approving Planning Application No. 04-0384 hereby finds that the text amendment to the Development Code (PDO-4) is consistent with the adopted General Plan for the City of Temecula, the site is physically suitable for the type of uses that could eventually occur in this area, and the proposed text change would further the City's long-term economic development goals. Section 2. Environmental Compliance. The proposed amendment represents a minor change to the Development Code to allow businesses to sell alcoholic beverages in the Village Commercial area of PDO-4, to permit blueprint, copying and duplicating services, and identify how these uses are to be approved by the City. A Negative Declaration was previously prepared and adopted for Planning Application 99-0261 (PDO-4). This application does not constitute an expansion or a change of condition, and as a result, the Planning Commission recommends that the City Council make a determination that the proposal is exempt from review under the California Environmental Quality Act pursuant to Section 15162 of the CEQA Guidelines. R:IP D 0\2004\04-0384 Temecula Creek Village (PDO-4)\PC RESOLUTION.doc 1 Section 3. Recommendation, The Planning Commission of the City of Temecula hereby recommends that the City Council adopt an ordinance amending the text of the Temecula Creek Village Planned Development Overlay District (PDO-4) and amending the requirements for conditional use permits for certain businesses selling alcoholic beverages and make other changes substantially in the form attached to this resolution as Exhibit A. by the City of Temecula Planning Commission this 4th day of August 2004. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 4th day of August 2004. .--... ATTEST: /~D-:b"b'~~ ~ ~ yZ ,~ - ~ .Ie' n~ ~ ecretary ~/' ;...,;:;' .,' '(:" ~ - ~~" '~;", ;i ,';: "".¡(.-'- ..;'/~ ..:-~ ,-,-Y ~ ~ .~[S-EA1]~. ~:.:..~ \)'- :r-~"-r"'~~~ '~-~ . /'-y ~§:f;;i-'ÈÌ0tCÂLlFORNIA CÔÙÑTÝOF RIVERSIDE CITY OF TEMECULA ) ) ss ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby that the PC Resolution No. 2004-041 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 4th day of August 2004, by the following vote of the Commission: AYES: 3 NOES: 0 ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Chiniaeff, Mathewson, Telesio None PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Guerriero Olhasso 7J-P/h--r:- W~~ Debbie Ubnoske, Secretary R:\P D 0\2004\04-0384 Temecula Creek Village (PDO-4)\PC RESOLUTION.doc 2 EXHIBIT A PROPOSED ORDINANCE R:IP D 0\2004\04-0384 Temecula Creek Village (PDO-4)\PC RESOLUTION.doc 3 ORDINANCE NO. 04-- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE AND PLANNED DEVELOPMENT OVERLAY NO.4 TO MODIFY THE SCHEDULE OF PERMITTED USES TO CONDITIONALLY PERMIT THE SALE OF ALCOHOL AND TO PERMIT BLUEPRINT AND DUPLICATING SERVICES IN THE VILLAGE COMMERCIAL AREA OF PDO-4, (PLANNING APPLICATION PA04-0384). THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby amends portions of Temecula Creek Village Planned Development Overlay as described below. A, Add the listing for "Incidental alcoholic beverage sales" and modify the listings for Convenience Market and Restaurants and other eating establishments in Table 17,22.136B of the Temecula Municipal Code with the following: Table 17.22.136B Schedule of Permitted Uses Temecula Creek Village Planned Development Overlay District Description of Use PDO-4R PDO-,ws6 Blueprint, Copying and Duplicating Service P P Convenience market (without the sale of alcoholic beverages) P C Convenience market (with the sale of alcoholic beverages) C C Incidental alcoholic beverage sales in conjunction with an C C otherwise allowable use Nightclubs/tavernslbars/dance club/teen club - - Restaurants and other eating establishments (with or without the P pê4 sale of beer and wine) Restaurants and other eating establishments (with the sale of - Cê4 beer, wine, and distilled spirits) Restaurants with lounge or live entertainment - Cê4 1. The cUP will be subject to Section ~ 17.10,020(B), special standards for the sale of alcoholic bewages. 2. Subject to the requirements of Chapter 17.40 of the Temecula Municipal Code. ð-. See SootieR 17.9S.9¡¡9(E), S3eeial EtandarEls fer indeer Ewa3 meetE. 4-. Soo SeGtioR 17.0S9.9¡¡O(R), E3esial staRdarEls fer self £terage er rniRi wareholJ£o IasiIitie6-. &-3. In PDO-4, all senior housing residential projects shall use the development and performance standards for the High Density Residential zone and the provisions contained in Section 17.06.050.H. ê 4. The size of the use or activity is limited to 5,000 square feet. :¡. 5. Outdoor entertainment in coni unction with an eating establishment is oermitted R:IP D 0\2004\04-0384 Temecula Creek Village (POO-4)\PC RESOLUTION.doc 4 provided that the outside noise levels do not interfere with off-site conversation. S6. Drive through facilities are not allowed in the Village Planning Area. B. C. D. Revise Footnote Number 1 to show correct Code citation. Delete existing footnotes 3 and 4 because these uses are not permitted. Renumber the remaining footnotes. Section 2. Severability. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 3. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. Section 4. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. Section 5. This Ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, together with the names of the City Council members voting thereon, it shall be published in a newspaper published and circulated in said City. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this - day of -, 2004. Mike Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:IP D 0\2004\04-0384 Temecula Creek Village (PDO-4)IPC RESOLUTION.doc 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ss ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 04-- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the - day of -, 2004 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the - day of -, 2004, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:IP D 0\2004\04-0384 Temecula Creek Village (PDO-4)\PC RESOLUTION.doc 6