Loading...
HomeMy WebLinkAbout04_045 PC Resolution PC RESOLUTION NO. 2004-045 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA03-0609, A REQUEST FOR A MINOR CONDITIONAL USE PERMIT TO ALLOW FOR THE SALE OF BEER AND WINE (TY~E 20 LICENSE, OFF-SALE) FROM AN EXISTING GAS STATION LOCATED AT 44520 BEDFORD COURT, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF HIGHWAY 79 SOUTH AND BEDFORD COURT, KNOWN AS ASSESSORS PARCEL NO. 922-210-041. WHEREAS, Rubin Stewart, representing Exxon Mobil Corporation, filed Planning Application No. PA03-0609 in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA03-0609 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 a regular meeting, considered Planning Application No. PA03-0609 on August 18, 2004, at a duly noticed public hearing 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 Planning Commission's Hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA03-0609 subject to the conditions of approval after finding that the project proposed in Planning Application No. PAO3-O609 conformed to the City of Temecula General Plan and Development Code; 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. Findinqs. The Planning Commission, in approving Planning Application No. PA03-0609 (Minor Conditional Use Permit) hereby makes the following findings as required by Section 17.04.010.E of the Temecula Municipal Code: A. The, proposed conditional use is consistent with the General Plan and the Development Code. The proposed use is consistent with the General Plan (HighwaylTourist Commercial) and Zoning (Highway Tourist Commercial), as well as the standards within the Development Code. The project is not less than 500 feet from a religious institution, school or a public park. B. The proposed minor conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed minor conditional use will not adversely a~ect the adjacent uses, buildings or structures. R:IM C U P'\2003\O3.0609 Exxoo MobillFINAL PC Reso w. condidoos.doc I The proposed project is compatible with the nature, condition and development of adjacent uses, buildings, and structures because the proposed project will provide additional convenience for the community, and will allow the business at the project site to be competitive with other similar businesses selling beer and wine in the vicinity of the project site. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping and other development features prescribed in this development code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. An existing Mobil gas station at the site adequately provides all improvements including yards, walls, fences, parking and loading facilities, buffer area, landscaping and all other features as required in the Development Code and by Planning Commission in order to integrate th~ use with other uses in the neighborhood. D. The nature of the proposed minor conditional use is not detrimental to the health, safety and general welfare of the community. The nature of the proposed use is not detrimental to the health, safety and general welfare to the community because the project will provide an additional convenience to the community, which will reduce vehicle trips and the site is consistent with city policies regarding separation of sensitive uses. In addition, the City Police Department has reviewed the proposed project and has issued conditions for approval. E. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. The project has been reviewed, as a whole, in reference to all applicable codes and ordinances before the Planning Commission. Section 3. Environmental Compliance. A Notice of Exemption for Planning Application No. PA03-0609 was made per the California Environmental Quality Act Guidelines Section 15301 (Existing Facilities, Class 1). The proposed project will not add square footage to an existing commercial building, located at 44520 Bedford Court. (A.P.N. 922-210-041). Section 4. Conditions. That the City of Temecula Planning Commission hereby conditionally approves the Planning Application No. PA03-0609, a request for a Minor Conditional Use Permit to allow for the sale of beer and wine (Type 20 license, off-sale) from an existing Mobil gas station building located at 44520 Bedford Court (AP.N 922-210-041), subject to the conditions of approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any other conditions that may be deemed necessary. R:IM C U P'\2003\O3.0609 Exxon MobilIFINAL PC Reso w. cooditions.doc 2 Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission on this 18th day of August 2004, \k ~ ~J-- John T leslo, Chairman ATTEST: ~-c: ~~ /~Èi oie\tJooQ'.Ske, Secretary Â"~"'- '"" ~~'" QY¿---~: -, ~ ,\~1.;.\" t:...(:@~~ I <1i\' ~ :: {SÈAl~-'{ ~ I ~ .' -:'",,: h~~Æ:. ~ ,-;r- : 2- 'v' ' "'! ,'i; ! ;:;, ::r ;, '-, Y~j ,~, -~, - ð~/ '<"l~STh~EG¡;'CAlIFORNIA ~CÕONT\~.OF/RIVERSIDE CITY OF TEMECULA ) ) ss ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No, 2004-045 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 18th day of August 2004, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Chiniaeff, Guerriero, Mathewson, Olhasso, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None ~~¿ I/þ"p~ Debbie Ubnoske, Secretary R:IM C U P'\2003\O3.0609 Exxon MobillFINAL PC Reso w. cooditions,doc 3 EXHIBIT A CONDITIONS OF APPROVAL R:IM C U P'\2003\O3.0609 Exxon MobillFINAL PC Reso w. conditions,doc 4 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No. PA03-0609 Project Description: A Minor Conditional Use Permit to allow for the sale of beer and wine (Type 20 license) from an existing 925 square foot gas station building, located at 44520 Bedford Court, generally located at the southeast corner of Highway 79 South and Bedford Court (A.P.N 922-210-041) 921-210-041 Assessor'sParcel No.: Approval D!lte: Expiration Date: August 18, 2004 August 18, 2006 PLANNING DEPA",TMENT Within Forty-Eight (48) Hours of the Approval of this Project The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64,00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 211 08(b) and California Code of Regulations Section 15062, If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department 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 Requirem'ents 1, 2, The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed copy to the Planning Department,for their files. The applicant shall comply with the statement of operations (attached) for PA03-0609 on file with the Planning Division, unless superceded by these Conditions of Approval. 3, 4, This Conditional Use Permit may be revoked pursuant to Section 17,03,080 of the City's Development Code, 5, The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any R:IM C U P'\2003103.0609 Exxoo MobillFlNAL PC Reso w. conditions,doc 5 6, 7, 8, 9, agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application, . The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, ,consultants, contractors, legal counsel, and agents, City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action, The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. Within two years of approval of this permit, commencement of the use shall have occurred or the approval shall be subject to expiration, If commencement of the use has not occurred within two years of approval of this permit, the permittee may, prior to the expiration of the conditional use permit, apply for up to three one-year extensions of time, Each extension of time shall be granted in one-year increments 9nly. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.AD,) training from the California Department of Alcoholic Beverage Control. (Condition added by Planning Commission at the August 18, 2004 hearing) The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this conditional use permit (including the conditions of approval) based on changed circumstances, Changed circumstances include, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, and the expansion, alteration, reconfiguration or change of use, The reservation of right to review any conditional use permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is in addition to, and not lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review and revoke, or modify any conditional use permit approved or conditionally approved hereunder for any violations of the conditions imposed on such conditional use permit or for the maintenance of any nuisance condition or other code violation thereon, 10, The permittee shall obtain City approval for any modifications or revisions to the approval of ~his Conditional Use Permit. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 11, POLICE DEPARTMENT 12, For required signage for type 20 license, applicant will consult booklet "ABC-617 (11/99) for detailed requirements for signage i.e., (Customer Warning, Excess Signs on Windows and Doors, Loitering and Open Containers, Tobacco, Cancer/Pregnancy Warning and Smoking,) Contact the Temecula Police Department for a copy of this guideline, , R:IM C U P'\2003103-0609 Exxon MobilIFINAL PC Reso w. conditions,doc 6 14, The applicant shall obtain a copy of "Model Store Policies - A Guide for Off-Sale Licensees" from the Department of Alcohol Beverage Control. All retailing businesses shall contact the California Retailers Association for their booklet on the California Retail Theft Law at: California Retailers Association 1127-11'h Street, Suite 1030, Sacramento, CA 95814, (916) 443-1975, Penal Code 490,5 affords merchants tl;1e opportunity to recover their losses through a civil demand program, 13. 15, The Temecula Police Department affords all retailers the opportunity to participate in the "Inkless Ink, Program." At a minimal cost of less than $40,00 for inkless inkpads, retailers can take a thumbprint of every customer using a personal check to pay for services, A 'decal is also posted on the front entry of the business-advising customers of the "Inklesslnk program in use". If the business becomes a victim of check fraud, the police department will be able to track the suspect with the thumbprint. By placing my signature below, I confirm that I have read, I understand and I accept all the above-mentioned Conditions of Approval. I further understand that the property shall be maintained in conf6rmance 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 Printed f'Jame Date Applicant's Signature R:\M C U P'\2003103.0609 Exxoo MobillFINAL PC Reso w. conditions,doc , 7