HomeMy WebLinkAbout04-117 CC Resolution
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RESOLUTION NO. 04-117
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA UPHOLDING THE PLANNING COMMISSION
DECISION AND DENIES THE APPLICATION WITHOUT
PREJUDICE FOR A MINOR CONDITONAL USE PERMIT AND
FINDINGS OF PUBLIC CONVENIENCE AND NECESSITY TO
ALLOW THE SALES OF BEER AND WINE (TYPE 20 LICENSE)
WITHIN AN EXISTING 101,909 SQUARE FOOT TARGET
STORE LOCATED AT 29676 RANCHO CALIFORNIA ROAD
AND KNOWN AS ASSESSORS PARCEL NO. 921-320-053
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
WHEREAS, Target Corporation, filed Planning Application No. PA03-0726 , Minor
Conditional Use Permit in accordance with the City of Temecula General Plan and Development
Code;
WHEREAS, the application for the Project was processed and an environmental review
was conducted as required by the California Environmental Quality Act;
WHEREAS, the Planning Commission of the City of Temecula held a duly noticed public
hearing on April 21, 2004 to consider the application for the Project;
WHEREAS, 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. 2004-019, denying Planning Application No. 03-0726;
WHEREAS, Target Corporation, filed an appeal for Planning Application No. PA03-
0726, a Minor Conditional Use Permit to sell beer and wine (Type 20 license);
WHEREAS, the City Council received a copy of the Planning Commission proceedings
as a Staff Report regarding Planning Application No. PA03-0726;
WHEREAS, the City Council conducted a public hearing pertaining to Planning
Application No. PA03-0726 (Minor Conditional Use Permit - Appeal) on November 23, 2004, at
which time interested persons had an opportunity to testify either in support or in opposition to
Planning Application PA03-0726;
WHEREAS, on November 23, 2004, the City Council of the City of Temecula upheld the
denial of the Planning Commission and denies the application without prejudice when it adopted
Resolution No. 04-117. The City Council denies this application without prejudice so that the
applicant can re-file a new application within one year of the denial and shall not be required to
pay any applicable processing fees for the new application.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Findinas. The City Council of the City of Temecula hereby makes the
following findings (Minor Conditional Use Permit):
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A. The proposed use is consistent with the General Plan (Community Commercial)
and Zoning (Community Commercial) designation as well as the standards within the
Development within the Development Code. The proposed project is not within 500 feet of a
public park, religious institution or school
B. The proposed project is not compatible with the nature, condition and
development of adjacent uses, buildings, and structures.
C. The nature of the proposed use would be detrimental to the health, safety and
general welfare of the community because the project would provide for additional alcoholic
sales in a census tract area that is currently over-concentrated with type 20 licenses.
Section 2. Findinas. The City Council of the City of Temecula hereby makes the
following findings (Public Convenience and Necessity):
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, or other special
services)?
Target offers a broad range of products (including clothing, food & beverage, kitchen and
household items, home decor, toys, electronics, sporting goods, stationary, supplies,
garden center) and services (pharmacy, film processing) all in one location. While other
businesses sell some of the same products, Target offers customers the convenience of
one-stop shopping for a variety of products.
B. Does the proposed establishment cater to an under-served population (i.e.
patrons of a different socia-economic class)?
Target offers many items and offers convenient and affordable shopping for all income
levels. Target does not cater to an under-served population.
C. Would the proposed mode of operation of the proposed establishment (i.e. sales
in conjunction with gasoline sales, 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 not any geographical boundaries or traffic barriers separating the
establishment from other establishments. However, in addition to providing shoppers the
convenience of one-stop shopping, adding wine sales wíll compliment the food and
beverage items that Target sells now, and provide a convenience to Target's customers
by eliminating the need for additional shopping trips. Target also plans to offer
customers the opportunity to learn about the wines that Target sells through education
events, led by professionals and wine industry members.
E. Is the proposed establishment located in an area where there is a significant
influx of population during certain seasonal periods?
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During the various holiday seasons there is a significant influx of persons visiting the
establishment because of the wide range of items offered.
F. Is there a proliferation of licensed establishments within the Census Tract of the
proposed establishment?
There are a total of 12 Type 20 licenses in Census Tract 0432.16 and a total of 5 are
allowed in said tract.
G. Are there any sensitive uses (i.e., schools, parks, hospitals, churches) in close
proximity (500 feet) to the proposed establishment?
There are not any sensitive uses within 500 feet of the Target building entry.
H.
Would the proposed establishment interfere with these sensitive areas?
The proposed use would not interfere with any sensitive uses because it is more than
500 feet away from the entry of Target.
I. Would the proposed establishment interfere with the quiet enjoyment of their
property by the residents of the area?
There are no residents within 100' of the property, and fewer than 30 residences within
600' of the property. Because of the physical separation factors between the Target
store and the closest residences, and because the operations of the store will remain
essentially the same as they are now; the proposed operations wíll not interfere with the
quiet enjoyment of residents. Target prides itself in being a good neighbor and is
committed to serving the community in a positive and responsible manner. We
anticipate no adverse impact on the residents or general public by the issuance of the
license.
J.
Will the proposed establishment add to law enforcement problems in the area?
The Police Department has not provided any statistics or information indicating that the
Target store is in a high crime or problem area for law enforcement. The Police
Department was notified of Target's license application by staff and the ABC, and had no
objections to or concerns regarding the issuance of the license.
Section 3.
The City Clerk shall certify the adoption of this Resolution
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PASSED, APPROVED AND ADOPTED this 23rd day of November, 2004.
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ATTEST:
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA
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I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify
that Resolution No. 04-117 was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 23rd day of November, 2004, by the following
vote:
AYES: 3
NOES:
ABSENT: 0
ABSTAIN:
COUNCILMEMBERS: Comerchero, Roberts, Stone
COUNCILMEMBERS: Washington
COUNCILMEMBERS: None
COUNCILMEMBERS: Naggar
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