HomeMy WebLinkAbout05_034 PC Resolution
PC RESOLUTION NO. 2005-34
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
PA NO. 05-0059, A REQUEST FOR A MINOR CONDITIONAL
USE PERMIT AND PUBLIC CONVENIENCE OR NECESSITY
FINDINGS TO ALLOW FOR THE SALE OF BEER AND WINE IN
GIFT BASKETS (TYPE 20 LICENSE, OFF-SALE) FROM AN
EXISTING 816 SQUARE FOOT SUITE LOCATED AT 31285
HWY 79 SOUTH, AND KNOWN AS ASSESSORS PARCEL NO.
961-010-034.
WHEREAS, Nina Stanley, representing Country Splendor Flowers & Gifts filed Planning
Application No. PA05-0059, in a manner in accord with the City of Temecula General Plan and
Development Code;
WHEREAS, Planning Application No. PA05-0059 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. PA05-0059 on May 18, 2005, 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.
PA05-0059 subject to the conditions of approval after finding that the project proposed in
Planning Application No. PA05-0059 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. PA05-0059 (Minor Conditional Use Permit) hereby makes the following findings as required
by Section 17.04.01 O.E of the Temecula Municipal Code:
Criteria to iustifv makinq a findinq of Public Convenience or Necessitv:
1. 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 speciai
services)?
Yes. Country Splendor Flowers & Gifts is different from any nearby business when
compared to those that sell alcohol. All nearby establishments are restaurants who
serve liquor to their diners. Country Splendor Flowers & Gifts' decor was designed with
a "country" atmosphere, emphasizing grapes and grape vines. They sell small gift items
in addition to the normal floral sales and deliveries. Many of their customers' gift-giving
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needs can be satisfied with gift baskets, and it is believed that there would be a large
market for wine and cheese baskets as well as honeymoon baskets containing
champagne.
2. Does the proposed establishment cater to an under-served population (i.e. patrons of a
different socio-economic class)?
No. Country Splendor Flowers & Gifts offers a variety of gift baskets at different prices.
They do not cater to an under-served population.
3. 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?
Yes. Many stores in the surrounding area sell gifts, but Country Splendor Flowers &
Gifts is the only one that sells gift baskets. It is also the only operation that sells flowers
and plants.
4. 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?
Yes. Country Splendor & Gifts is located on Highway 79 South, which is a large, 4-lane
road with a considerable amount of daily traffic. Currently, there are no businesses or
residences directly across the road, but Rancho Community Church and a school is in
the process of being constructed.
5. Is the proposed establishment located in an area where there is a significant influx of
population during certain seasonal periods?
No. Temecula, in general, has a large influx of people visiting the City most of the year,
but in most cases these are day trips or people only stay a few days at a time. Country
Splendor Flowers & Gifts' location is not near any establishment that would cause a
large influx of people. Pechanga Resort and Casino is the nearest hotel, but its location
is not seen as having a negative impact on Country Splendor Flowers & Gifts location.
6. Is there a proliferation of licensed establishments within the Census Tract of the
proposed establishment?
No. There are a total of 12 Type 20 licenses in Census Tract 0432.14, and a total of 12
are allowed in said tract. 1
7. Are there any sensitive uses (i.e., schools, parks, hospitals, churches) in close proximity
(500 feet) to the proposed establishment?
No. There are not any sensitive uses within 500 feet of the entry to Country Splendor
Flowers & Gifts. The nearest school is approximately 600 feet away and the nearest
church will be approximately 800 feet away.
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8. Would the proposed establishment interfere with these sensitive areas?
No. The proposed use would not interfere with any sensitive uses because it is more
than 500 feet away from the entry of Country Splendor Flowers & Gifts.
9. Would the proposed establishment interfere with the quiet enjoyment of their property by
the residents of the area?
No. Temecula Creek Village was designed as a planned development with the intention
of surrounding the Village with housing. It was intended to encourage the residents to
be able to walk to the shopping center and enjoy what the merchants had to offer.
Temecula Creek Village and Country Splendor Flowers & Gifts, in particular, would not
generate any undue noise, nor invite any unruly patrons.
10. Will the proposed establishment add to law enforcement problems in the area?
No. The Police Department has not provided any statistics or information indicating that
Country Splendor Flowers & Gifts is in a high crime or problem area for law
enforcement. The Police Department was notified of Country Splendor Flowers & Gifts
license application by staff and the ABC, and had no objections to or concerns regarding
the issuance of the license.
Conditional Use Permit (Code Section 17.040.010E)
1. The proposed conditional use is consistent with the General Plan and the Development
Code.
The proposed use is consistent with the General Plan (Professional Office) and Zoning
(Planned Development Overlay-4), as well as, the standards within the Development
Code. The project is not less than 500 feet from a religious institution, school, or public
park.
2. 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 because the proposed project will provide
additional convenience for the community and allow the business to be competitive with
other businesses selling beer and wine in gift baskets.
3. 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 and
service to the communitY: The site is consistent with the City policies regarding
separation of sensitive uses. In addition, the City Police Department has reviewed the
proposed project and has issued conditions of approval.
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Section 3. Environmental Compliance. A Notice of Exemption for Planning
Application No. PA05-0059 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 31285 Hwy 79 S. (APN: 961-010-034).
Section 4. Conditions. That the City of Ternecula Planning Commission hereby
conditionally approves the Application, a request for a Minor Conditional Use Permit to allow the
sale of beer and wine (Type 20 license) in an existing building, attached hereto on Exhibit A,
and incorporated herein by this reference together with any and all necessary conditions that
may be deerned necessary.
Section 5. PASSED, APPROVED AND
Planning Commission on this 18th day of May 2005.
by the City of Ternecula
ATTEST:
~~I/~
. Debbie Ub~/;!~ke, Secretary
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ST1,I'rE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that PC Resolution No. 2005-34 was duly and regularly adopted by the Planning Commission of
the City of T emecula at a regular meeting thereof held on the 18th day of May 2005, by the
following vote:
AYES:
5
PLANNING COMMISSIONERS:
Chiniaeff, Guerriero, Mathewson,
Olhasso, Telesio
NOES:
ABSENT:
PLANNING COMMISSIONERS:
None
o
o
PLANNING COMMISSIONERS:
None
ABSTAIN:
o
PLANNING COMMISSIONERS:
None
~A:-' L-t'~R
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.: PA05-0059
Project Description:
A Minor Conditional Use Permit and Public
Convenience or Necessity Findings to allow for the
sale of beer and wine in gift baskets (Type 20 license,
off-sale) from an existing 816 square foot suite,
located at 31285 Highway 79 South. (APN: 961-010-
034)
961-010-034
Assessor's Parcel No.:
Expiration Date:
May 18, 2005
May 18, 2007
Approval 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 set to the Planning
Department for their files.
3. The applicant shall comply with the statement of operations for PA05-0059 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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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.
6. Within two years of approval of this permit, commencement of the use shall have
occurred or the approval shall be subject to expiration.
7. 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.
8. The City, and its Planning Director, Planning Cornrnission, 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 rnodification 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.
9. Prior to the commencement of any alcohol sales, the applicant shall submit verification
the Department of Alcohol Beverage Control has issued the necessary Type 20 license
(off-sale beer and wine).
10. All of the foregoing conditions shall be complied with prior to occupancy or any use
allowed by this permit.
POLICE DEPARTMENT
11. Applicant has applied for a Type 20 (Off Sale Beer & Wine) (Flower Shop) through the
Riverside District Office of Alcoholic Beverage Control. Authorizes the sale of beer and
wine for consumption off the premises where sold. Minors are allowed on premises.
12. Applicant will also comply with City Ordinance 97-07, (9.14.010 Temecula Municipal
Code series).
13. Identification will be verified utilizing one of the following:
a. A valid California Driver's License.
b. A valid California Identification Card.
c. A valid Military Identification Card. (Active/Reserve/RetiredlDependent).
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d. A valid Driver's License from any of the Fifty States or Territories of the United
States.
e. A valid U.S. Passport.
f. A valid government issued identification card issued by a federal, state, county or
City agency.
14. As noted above, only a valid government issued identification card issued by a federal,
state, county or City agency is acceptable, providing it complies with the below
requirements. (25660 Business and Profession Code).
a. Name of person.
b. Date of birth.
c. Physical description.
d. Photograph.
e. Currently valid (notexpired).
15. Applicant will ensure all employees involved with the sales, service and identification
checks for the purpose of any sales of aicoholic beverages is trained in the proper
procedures and identification checks. The Temecula Police Department provides free
training for all employers and employees involved in the service and sales of alcoholic
beverages. It is the responsibility of the applicant to set up a training session for all new
employees working at Country Splendor Flowers & Gifts. Contact the Crime Prevention
and Plans Officer at (951) 695-2773 to set up a training date. Training must be
completed prior to the grand opening of this business and periodic updated training
when new employeesl management are hired.
16. Pay Telephones:
Any public telephones located on the exterior of the building should be placed in a well-
lighted, highly visible area, and installed with a "call-out only" feature to deter loitering.
This feature is not required for public telephones installed within the interior of the
building.
17. Miscellaneous:
a. After Hours
Licensees may not sell, give, or deliver alcohol (by the drink or by the package)
between 2:00a.m. and 6:00a.m. of the same day. No person may knowingly
purchase alcohol between 2:00a.m. and 6:00a.m. (Section 25631 B&P).
Licensees may not permit patrons or employees to consume alcohol between
2:00a.m. and 6:00a.m. of the same day (Section 25632 B&P).
b. Authority of Peace OfficerslRefusing Inspection
Police officers, sheriffs' deputies, and ABC investigators are sworn law
enforcement officers (peace officers) with powers of arrest. Whether in
plainclothes or uniform, peace officers have the legal right to visit and inspect any
licensed premises at any tirne during business hours without a search warrant or
probable cause. This includes inspecting the bar and back bar, store room,
office, closed or locked cabinets, safes, kitchen, or any other area within the
licensed premises. It is legal and reasonable for licensees to exclude the pubiic
from some areas of the premises. However, licensees cannot and must not deny
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entry to, resist, delay, obstruct, or assault a peace officer. (Sections. 25616;
25753, and 25755 B&P; 148 and 241(b) PC)
c. Operating Standards, Retail- The following requirements apply to stores (license
Type 20 and 21).
i. Post "No Loitering" signs upon written notice from the ABC;
ii. Post "No Open Container" signs upon written notice from the ABC;
iii. No alcohol consumption inside a store or outside a bar or tavern;
iv. Illuminate the exterior of the premises, including adjacent public
sidewalks and parking lots under the licensee's control, during all hours of
darkness when open for business;
v. Remove litter daily from the premises, adjacent sidewalks and parking
lots under licensee's control and sweep/clean these areas weekly;
vi. Rernove graffiti from premises and parking lot;
vii. Have no more than 33% of windows covered with advertising or signs;
viii. Have incoming calls blocked at pay phones upon request of local law
enforcement or ABC; (see item 6 above) and
ix. Have a copy of the operating standards available during normal business
hours for viewing by the general public (Section 25612.5 (c ) B&P)
By placing rny 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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