HomeMy WebLinkAbout04_053 PC Resolution
PC RESOLUTION NO. 2004-053
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA04-0203, 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 A PROPOSED DRUG STORE AND A
PROPOSED MARKET LOCATED AT THE SOUTHEAST
CORNER OF RANCHO CALIFORNIA ROAD AND MEADOWS
PARKWAY, KNOWN AS ASSESSOR PARCEL NO. 954-030-
001.
WHEREAS, John Clement, representing Venture Point, filed Planning Application No.
PA04-0203 in a manner in accord with the City of Temecula General Plan and Development
Code;
WHEREAS, Planning Application No. PA04-0203 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. PA04-0203 on October 6, 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.
PA04-0203 subject to the conditions of approval after finding that the project proposed in
Planning Application No. PA04-0203 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. PA04-0203 (Minor Conditional Use Permit) hereby makes the following findings 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 (Neighborhood Commercial) and
zoning designation (Margarita Village Specific Plan), and underlying zoning
(Neighborhood 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.
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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, buller 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.
The proposed commercial buildings at the site will adequately provide 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
the 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.
Section 3. Environmental Compliance. Adopt a Mitigated Negative Declaration and
Mitigation Monitoring Plan based on the Initial Study for Planning Appiication Nos. PA04-0200,
PA04-0201, PA04-0202 and PA04-0203, which was prepared pursuant to CEOA Guidelines
Section 15072.
Section 4. Conditions. That the City of Temecula Planning Commission hereby
conditionally approves Planning Application No. PA04-0203, 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 a proposed drug store and a proposed market, subject to the conditions of
approval as 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 6th day of October 2004.
ATTEST:
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Debbie Ubn ske, Secretary
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA
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I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that PC Resolution No. 2004-053 was duly and regularly adopted by the Planning Commission
of the City of Temecula at a regular meeting thereof held on the 6th day of October 2004, by the
following vote:
AYES: 3
NOES: 0
ABSENT: 2
ABSTAIN: 0
PLANNING COMMISSIONERS:
Chiniaeff, Guerriero, Telesio
PLANNING COMMISSIONERS:
None
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
Mathewson, Olhasso
None
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Debbie Ubnoske, Secretary
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EXHIBIT A
CONDITIONS OF APPROVAL
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EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No.: PA04-0203
Project Description:
A Minor Conditional Use Permit to allow for the sale of
beer, wine and distilled spirits (Type 21 license; off-
sale general) from a proposed drug store and a
proposed market located at the southeast corner of
Rancho California Road and Meadows Parkway,
known as Assessor Parcel No. 954-030-001.
Assessor's Parcel No.:
954-030-001
Approval Date:
October 6, 2004
October 6, 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 21108(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 PA04-0203 on file with
the Planning Division, unless superceded by these Conditions of Approval.
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
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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 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.
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.
10.
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.
The Temecula Police Department concurs with the issuance of the following types of
alcohol licenses for the proposed drug store and market:
a. Type 20 (Off-Sale Beer & Wine) Authorizes the sale of beer and wine for
consumption off the premises where sold. Minors are allowed on the premises.
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13.
14.
15.
b.
Type 21 (Oil-Sale General) Authorizes the sale of beer, wine and distilled spirits
for consumption 011 the premises where sold. Minors are allowed on the
premises.
No other type of licenses is authorized for any other buildings within the confines of this
proposed shopping center.
Currently, the following on-sales alcohol licenses are not authorized:
a. Type 40: On-Sale Beer
b. Type 41: On-Sale Beer and Wine - Restaurant
c. Type 42: On-Sale Beer and Wine - Public premises
d. Type 47: On-Sale General
Any business that serves or sells any type of alcoholic beverages 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 served for a fee and the
event is open to the general public.
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.
Date
Applicant's Signature
Applicant's Printed Name
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