HomeMy WebLinkAbout04_049 PC Resolution
PC RESOLUTION NO. 2004-049
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA04-0299, A REQUEST FOR A MINOR CONDITIONAL
USE PERMIT AND PUBLIC CONVENIENCE OR NECESSITY
FINDINGS TO ALLOW FOR THE SALE OF BEER, WINE AND
DISTILLED SPIRITS (TYPE 21 LICENSE, OFF-SALE
GENERAL) FROM AN EXISTING 120,451 SQUARE FOOT
COMMERCIAL BUILDING LOCATED AT 40435 WINCHESTER
ROAD, GENERALLY LOCATED NEAR THE NORTHWEST
CORNER OF WINCHESTER ROAD AND MARGARITA ROAD,
KNOWN AS ASSESSORS PARCEL NO. 910-290-016.
WHEREAS, Steve Hauman, representing WinCo Foods, filed Planning Application No.
PA04-0299 in a manner in accord with the City of Temecula General Plan and Development
Code;
WHEREAS, Planning Application No. PA04-0299 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. PA04-0299 on September 15, 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.
PA04-0299 subject to the conditions of approval after finding that the project proposed in
Planning Application No. PAO4-0299 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. Findinos. The Planning Commission, in approving Planning Application
No. PAO4-0299 (Minor Conditional Use Permit) hereby makes the following findings in regards
to criteria for Public Convenience or Necessity and as required by Section 17.04.010.E of the
Temecula Municipal Code:
Conditional Use Permit (Code Section 17.040.010E)
A. The proposed conditional use is consistent with the General Plan and the
Development Code.
The proposed use is consistent with the General Plan (Community Commercial) and
Zoning designation (Community Commercial), as well as the standards within the
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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 affect the adjacent uses, buildings or structures.
The proposed project is compatible with the nature, condition and development of
adjacent uses, buildings, and structures. The proposed project will also provide
additional convenience for the community and will allow the business at the project site
to be competitive with other similar businesses selling beer, wine and distilled spirits 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 building 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 the 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. Furthermore, the site is consistent with
city policies regarding separation of sensitive uses and the City Police Department has
provided conditions of approval for the project and concurs with the request for the sale
of alcoholic products at the project site.
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.
Criteria to iustifv makino a findino of Public Convenience or Necessitv:
A. Does the proposed establishment have any unique features, which are not found
in other similar uses in the community (i.e. types of games, types of food, and other special
services)?
Win Co Foods is a large format grocery store. It will sell products similar to most grocery
stores, but the store will be 30-40% larger than most grocery stores and its overall sales
volume is 50-60% more than typical grocery stores. The store offers customers the
convenience of one-stop shopping for a .variety of products and the applicant proposes
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to include alcoholic beverages as a convenience to the store's patrons and to help
reduce the need for additional automobile trips.
B. Does the proposed establishment cater to an under-served population (i.e.
patrons of a different socio-economic class)?
The proposed store offers many items and offers convenient and affordable shopping for
all income levels. While the store will cater to various socio-economic classes, it cannot
be anticipated that the proposed establishment will serve anyone particular socio-
economic class, or an under-served population.
C. Would the proposed mode of operation of the proposed establishment (i.e. sales
in conjunction with gasoline sales, tours, etc.) be unique or differ from that of other
establishments in the area?
The proposed operation would not be unique or different from that of other
establishments in the area.
D. Are there any geographical boundaries (i.e. rivers, hillsides) or traffic barriers (i.e.
freeways, major roads, major intersections) separating the proposed establishment from other
establishments?
There are no geographical boundaries or traffic barriers separating the establishment
from other establishments. However, in addition to providing shoppers the convenience
of one-stop shopping, the addition of alcoholic beverage sales will compliment the food
and beverage items available at the store and will provide a convenience to the store's
customers while reducing the need for additional automobile trips.
E. Is the proposed establishment located in an area where there is a significant
influx of population during certain seasonal periods?
The establishment is not located in an area where there is a significant influx of
population during seasonal periods. The only significant seasonal variation typically
associated with grocery stores is related to holiday meals and gatherings.
F. Is there a proliferation of licensed establishments within the Census Tract of the
proposed establishment?
According to the Department of Alcohol Beverage Control there currently is an over
concentration of off-sale alcohol licenses within the subject Census Tract (0432.10). A
total of eight (8) off-sale licenses exist in this Census Tract and three (3) are allowed
before it is considered "over-concentrated".
G. Are there any sensitive uses (i.e., schools, parks, hospitals, churches) in close
proximity (500 feet) to the proposed establishment?
Staff has conducted a 500-foot radius search and verified that the proposed use is not
closer than 500 feet from any religious institution, school or public park.
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H.
Would the proposed establishment interfere with these sensitive areas?
It is not anticipated that the proposed use would interfere with any sensitive areas.
I. Would the proposed establishment interfere with the quiet enjoyment of their
property by the residents of the area?
There are no residences currently located near the project site. Land located north of
the project site, across the Santa Gertrudis Creek, is designated for residential
development by the Harveston Specific Plan; however, a significant barrier and
separation from the future residential area will be provided by the perimeter wall at
Harveston, the creek, and the parking/drive aisles associated with the project site.
Furthermore, it is not anticipated that the addition of alcohol sales to a grocery store
would affect the quiet enjoyment of property by residents. Therefore it is not anticipated
the project would interfere with the quiet enjoyment of property by residences.
J.
Will the proposed establishment add to law enforcement problems in the area?
Any establishment selling alcohol has a potential to add to law enforcement problems,
however, it is not anticipated that there will be any significant law enforcement problems
in the area as a result of this project. The police department has provided conditions of
approval for the project and concurs with the request for the sale of alcoholic products at
the project site.
Section 3. Environmental Compliance. A Notice of Exemption for Planning
Application No. PA04-0299 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 40435 Winchester Road (A.P.N. 910-290-016).
Section 4. Conditions. That the City of Temecula Planning Commission hereby
conditionally approves the Planning Application No. PA04-0299 , a request for a Minor
Conditional Use Permit to allow for the sale of beer, wine and distilled spirits (Type 21 license,
off-sale general) from an existing retail building located at 40435 Winchester Road (A.P.N 910-
290-016), 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.
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Section 5, PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission on this 15th day of September 2004.
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John Teleslo, Chairman
ATTEST:
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Deb ie Ubnoske, Secretary
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I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that PC Resolution No. 2004-049 was duly and regularly adopted by the Planning Commission
of the City of Temecula at a regular meeting thereof held on the 15th day of September 2004, by
the following vote:
AYES: 5
NOES: 0
ABSENT: 0
ABSTAIN: 0
PLANNING COMMISSIONERS:
Chiniaeff, Guerriero, Mathewson,
Olhasso, Telesio
PLANNING COMMISSIONERS:
None
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
None
None
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Debbie Ubnoske, Secretary
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EXHIBIT A
FINAL CONDITIONS OF APPROVAL
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EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No, PA04-0299
Project Description:
A Minor Conditional Use Permit and Public
Convenience or Necessity Findings to allow for the
sale of beer, wine and distilled spirits (Type 21 license;
off-sale general) from an existing 120,451 square foot
commercial building, located at 40435 Winchester
Road, generally located at the northwest corner of
Winchester Road and Margarita Road (A,P,N 910-290-
016)
910-290-016
Assessor's Parcel No,:
Approval Date:
September 15, 2004
September 15, 2006
Expiration Date:
PLANNING DEPARTMENT
Within Forty-Eight (48) Hours of the Approval of this Project
1.
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 Requirements
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.
3.
The applicant shall comply with the statement of operations for PA04-0299 on file with
the Planning Division, unless superceded by these Conditions of Approval.
This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's
Development Code.
4.
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
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6.
7.
8.
9.
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
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 only.
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 director of planning, 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.
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 (LEAD.) training from the California Department of Alcoholic
Beverage Control.
The permittee shall obtain City approval for any modifications or revisions to the
approval of this Conditional Use Permit.
11.
All of the foregoing conditions shall be complied with prior to occupancy or any use
allowed by this permit.
POLICE DEPARTMENT
12.
Currently, the Temecula Police Department concurs with the request for sale of alcoholic
products (beer, wine & spirits etc.). However, if any recurring problems should occur
where the need for police response is needed due to the current hours of operations, or
for any other reasons, the Temecula Police Department, at it's discretion, reserve the
right to approach the City's Planning Commission and request the hours of operation or
any part of the conditions be amended.
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13.
14.
As a type 21 Licensee (Off-Sale General) (Package Store) authorizes the sale of beer,
wine and distilled spirits for consumption off the premises where sold. Minors are
allowed on the premises.
Applicant will comply with all guidelines within the Business and Profession Codes and
all other guidelines associated with the State Department of Alcohol Beverage Control.
Contact the Temecula Police Department for inspections and training for both
employees and owners. This includes special events held at business location where
alcohol will be serviced for a fee and the event is open to the general public.
BUILDING & SAFETY DEPARTMENT
15.
16.
17.
18.
20.
21.
22.
All design components shall comply with applicable provisions of the 2001 edition of the
California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code;
California Administrative Code, Title 24 Energy Code, California Title 24 Disabled
Access Regulations, and the Temecula Municipal Code,
Submit at time of plan review, a complete exterior site lighting plans showing compliance
with Ordinance No. 655 for the regulation of light pollution. All street-lights and other
outdoor lighting shall be shown on electrical plans submitted to the Department of
Building and Safety. Any outside lighting shall be hooded and directed so as not to shine
directly upon adjoining property or public rights-of-way. For any changes proposed to
exterior lighting.
Obtain all building plans and permit approvals prior to commencement of any
construction work.
All building and facilities must comply with applicable disabled access regulations.
Provide all details on plans. (California Disabled Access Regulations effective April
1,1998)
19.
Provide disabled access from the public way to the main entrance of the building.
Provide van accessible parking located as close as possible to the main entry.
Show path of accessibility from parking tó furthest point of improvement.
Provide house electrical meter provisions for power for the operation of exterior lighting,
fire alarm systems,
23.
Restroom fixtures, number and type, to be in accordance with the provisions of the 2001
edition of the California Building Code Appendix 29.
24.
Provide appropriate stamp of a registered professional with original signature on plans
prior to permit issuance.
25.
Provide electrical plan including load calculations and panel schedule, plumbing
schematic and mechanical plan for plan review.
26.
Provide precise grading plan at plan check submittal to check accessibility for persons
with disabilities,
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27.
28.
29.
30.
A pre-construction meeting is required with the building inspector prior to the start of the
building construction.
Trash enclosures, patio covers, light standards, and any block walls if not on the
approved building plans, will require separate approvals and permits.
Show all building setbacks.
Signage shall be posted conspicuously at the entrance to the project that indicates the
hours of construction, shown below, as allowed by the City of Temecula Ordinance No.
94-21, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site
within one-quarter mile of an occupied residence.
Monday-Friday 6:30 a.m. - 6:30 p.m.
Saturday 7:00 a.m. - 6:30 p.m.
No work is permitted on Sunday or Government Holidays
OTHER AGENCIES
31.
The applicant shall comply with the attached letter dated May 11, 2004 from the
Department of Environmental Health.
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 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 Printed Name
Date
Applicant's Signature
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;~ CúuNlY OF RNERSIDE . COMMUNIlY HEALTH AGENCY
~ ~ DEPARTMENT OF ENVIRONMENTAL HEALTH
May 11,2004
City of Temecula Planning Department
P.O. Box 9033
Temecula, CA 92589-9033
Attention: Stuart Fisk
RE:
Minor Conditional Use Pennit No. PA04-0299
Dear Mr, Fisk:
.'
,,"
1. Department of Enviromnental Health has reviewed the Plot Plan. No. PA04-0299 to pennit the
sale of alcohol products from an existing 12,000 sq, ft. retail building and has no objections.
Water and sewer services are available in this area.
2. PRIOR TO THE ISSUANCE OF BUILDING PERMITS THE FOLLOWING SHOULD
BE REQUIRED:
a) "Will-serve" letters from the appropriate water and sewering districts,
b) The food establishment shall have three complete sets of plans submitted including a
fixture schedule, a finish schedule and a plumbing schedule in order to ensure
compliance with the California Unifonn Retail Food Facilities Law 2. For specific
reference, contact Food Facility Plan Examiners at (909) 600-6330,
Sincerely,
Sam Martinez, Supervising Environmental Health Specialist
(909) 955-8980
NOTE: Any current additional requirements not covered can be applicable at time of Building Plan
review for final Department of Environmental Health clearance.
¡ü) Œ ~ ~ n ~ wI
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By~'
Local Enforcement Agency' PO. Box 1280. Riverside, CA 92502-1280 . (909) 955-8982 . FAX (909) 781-9653 . 4080 Lemon Street. 9th Floor. Riv",ide, CA 92501
/.and U.. and Water Engineering' Po. Box 1206. Riverside. CA 92502,1206 . (909) 955-8980 . FAX (909) 955-8903 . 4080 Lemon Street. 2nd Rom, Riverside. CA 92501