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HomeMy WebLinkAbout08_013 PC ResolutionPC RESOLUTION NO. 08-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0324, A CONDITIONAL USE PERMIT TO ALLOW FOR A SPECIALTY MARKET (FRESH & EASY) WITH THE INCIDENTAL SALE OF BEER AND WINE IN A NEIGHBORHOOD COMMERCIAL ZONE LOCATED AT 44060 MARGARITA ROAD WITHIN REDHAWK PAVILION (APN 959-050-006) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On June 7, 2006, the Planning Commission approved Planning Application No. PA06-0046, a Development Plan fora 29,498 square foot commercial center, Redhawk Pavilion. B. On November 15, 2007, MCA Architects filed Planning Application No. PA07-0324, a Conditional Use Permit, in a manner in accord with the City of Temecula General Plan and Development Code. C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Application and environmental review on March 5, 2008, 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. E. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA07-0324 subject to and based upon the findings set forth hereunder. F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Conditional Use Permit (Development Code Section 17.04.010E) A. The proposed conditional use is consistent with the General Plan and the Development Code; The proposed use is conditionally permitted in the Neighborhood Commercial zoning designation contained in the City's Development Code and consistent with the General Plan and Paloma del Sol Specific Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the use type G:\Planning\2007\PA07-0324 Fresh & Easy MCUP\Planning\PC Reso.doc proposed. The use, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the Department of Alcoholic Beverage Control (ABC), California Environmental Quality Act (CEQA), and fire and building codes. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures, and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures; The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings, and structures because it will provide additional convenience for the community, and allow the business to be competitive with other similar markets selling beer and wine in the vicinity of the site. The proposed conditional use is compatible with adjacent land uses as defined in the General Plan and will be a complimentary addition to the area in that it will provide a safe and convenient neighborhood market for surrounding residents. 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 City Council in order to integrate the use with other uses in the neighborhood; The proposed conditional use is consistent with the Paloma del Sol Specific Plan and with the Development Code, and the project meets all of the applicable requirements for commercial development. The site is adequate in size and shape to accommodate the proposed use without adversely affecting the yard, parking and loading, landscaping, and other development features required by the Development Code in order to integrate the use with other uses on the site and in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The requirements for the proposed conditional use are intended to protect the health and safety of those in and around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the use will function in a manner consistent with the public health, safety and welfare. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit: A. Pursuant to the California Environmental Quality Act ("CEQA"), the Planning Commission has considered the proposed Conditional Use Permit for Redhawk Pavilion. The Planning Commission has also reviewed the Final G:~Planning~200TPA07-0324 Fresh & Easy MCUP~PIanningV'C Reso.doc 2 Environmental Impact Report ("FEIR") for the Paloma del Sol Specific Plan, including the impacts and mitigation measures identified therein, and the subsequent environmental reviews required as mitigation measures identified therein. Based on that review, the Planning Commission finds that the proposed Conditional Use Permit does not require the preparation of a subsequent Environmental Impact Report as none of the conditions described in Section 15162 of the CEQA Guidelines (14 Cal. Code Regs. 15162) exist. B. Specifically, the Planning Commission also finds that the proposed Conditional Use Permit does not involve significant new effects, does not change the baseline environmental conditions, and does not represent new information of substantial importance which shows that the Conditional Use Permit will have one or more significant effects not previously discussed in the FEIR. The FEIR previously analyzed and mitigated the potential environmental impacts for commercial development on this project site. The intensification of the commercial development on- site and land uses are consistent with what was previously approved and analyzed in the FEIR. All potential environmental impacts associated with the proposed Conditonal Use Permit are adequately addressed by the prior FEIR, and the mitigation measures contained in the FEIR will reduce those impacts to a level that is less than significant. A Notice of Determination pursuant to Section 15162 of the CEQA Guidelines is therefore the appropriate type of CEQA documentation for the Conditional Use Permit, and no additional environmental documentation is required. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA07-0324, a Conditional Use Permit to allow for a specialty market with the incidental sale of beer and wine, located at 44060 Margarita Road, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. G:~Planning~2007~PA07-0324 Fresh & Easy MCUP~PIanning~PC Reso.doc 3 Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5`h day of March 2008. ~ZA _ ~5~, John Telesio, Chairman ATTEST: Debbie Ubnoske, Secretary • ~ ~ T~'1 ~ t ~ rte. [SEAL] - ~ ~ _ ~ ~°~. STATE OF_CALIFQ'r~~IIA ) COUNTY_OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 08-13 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5~h day of March 2008, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Carey, Chiniaeff, Guerriero, Harter, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None Debbie Ubnoske, Secretary G~Planning~2007V'A07-0324 Fresh & Easy MCUPNIanningNC Reso.doc 4 EXHIBIT A FINAL CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLUS: INITIALS: PLANNER: 7~ Schuma /// G:\Planning\2007\PA07-0324 Fresh & Easy MCUP\PlanninglFinal COA.doc 1 ~ -~ „"~. r I9~9 ACCEPTANCE OF CONDITIONS OF APPROVAL I, Ron May, understand that Planning Application No. PA07-0324 has been approved with Conditions of Approval which are set forth in Exhibit A. I have read the Conditions of Approval contained in PC Resolution No. 08-13 and understand them. Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions. ~l~l I Vt ~ ~~ICIUVt~ SIG%ATURE I ~l~t~,w i~, `I o0 8 DATE G:tPlanning12007VPA0J-0324 Fresh & Easy MCUPiPlanning\Final COA.doc 2 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA07-0324 Project Description: A Conditional Use Permit to allow for a specialty market (Fresh 8 Easy) with the incidental sale of beer and wine in a Neighborhood Commercial zone located at 44060 Margarita Road within Redhawk Pavilion Assessor's Parcel No. 959-050-006 MSHCP Category: NIA DIF Category: N/A TUMF Category: N/A Approval Date: March 5, 2008 Expiration Date: March 5, 2010 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Pianning Department 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 ofSixty-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 21152 and California Code of Regulations Section 15062. If within said 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)). 2. The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department. GENERAL REQUIREMENTS Planning Department 3. 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 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 G:\Pianning\2007\PA07-0324 Fresh 8 Easy MCUP\Pianning\Final COA.doc 3 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. 4. The applicant shall comply with their Statement of Operations dated October 31, 2007, on file with the Planning Department, unless superseded by these Conditions of Approval. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 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 in-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 hereunderfor any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. This approval shall be used within two years ofthe approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. If commencement of the use has not occurred within two years of approval of this permit, the permittee may file an application at least thirty days prior to expiration of the conditional use permit, apply for up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only. 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 ~., ~^°~'~^ D-) Training forlntervention Procedures (T.I.P.S.) subject to the California Department of Alcoholic Beverage Control requirements. (Amended at the March 5, 2008, Planning Commission hearing) }nlnnhnnn mhnrc ch.+ll hn nc}nrl ~+} Innn}'n .!}h'n 4hn h 'Irl'n . (Deleted at the March 5, 2008, Planning Commission hearing) 12. Regular hours of operation shall be between 7 a.m. and 12 a.m., 7 days a week. 13. A separate building permit shall be required for all signage. G:\Planning\2007\PA07-0324 Fresh & Easy MCUP\Planning\Final COA.doc 4 14. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Police Department 15. Applicant is a new business, applying for a Type 20 (Off Sale Beer & Wine) -Specialty Market) 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 the premises. 16. Applicant will also comply with City Ordinance 97-07, (9.14.010 Temecula Municipal Code series). a. Identification will be verified utilizing one of the following: 1) A valid California driver's license 2) A valid California identification card 3) A valid military identification card (active/reserve/retired/dependent) 4) A valid driver's license from any of the fifty States or Territories of the United States 5) A valid U.S. Passport 6) A valid government issued identification card issued by a Federal, State, County or City (municipal) agency b. As noted above, only a valid government issued identification card issued by a Federal, State, County or City (municipal) agency is acceptable, providing it complies with the below requirements. (25660 Business and Profession Code): 1) Name of person 2) Date of birth 3) Physical description 4) Photograph 5) Currently valid (not expired) 17. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. For this reason, the Temecula Police Department has imposed a mandatory training for all employees involved in the service and sales of alcoholic beverages. ~~~~ ~^ ~^* ^ ^ }~^ ^'^^ ''^'° Training must be completed prior to the grand opening of this business and periodic updated training when new employees/management is hired. AA ept}en-is-to#~ave All employees and management must attend the mandatory Training for Intervention Procedures (T.I.P.S.) subject to California Department of Alcoholic Beverage Control requirements. t~^^^ ^J~T (Amended at the March 5, 2008, Planning Commission hearing) 18. Authority of Peace Officers/Refusing Inspection: Police officers, sheriff's 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 time during business hours without a search warrant or G:\Planning\2007\PA07-0324 Fresh & Easy MCUP\Planning\Final COA.doc ' 5 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 public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer. (Sections 25616, 25753, and 25755 B&P; 148 and 241(b) PC). 19. Disorderly House: Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off-sale) that: (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc; and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises includes the parking lot. (Section 25601 B&P; 316 PC). 20. Law Enforcement Problem: Licensees may not permit their licensed premises to be a problem for the local law enforcement agency by needing an undue number of calls for service. The licensed premise includes the parking lot. (Sections 24200(a) B&P). 21. Stores (license Types 20 and 21) must post one or more customer warning signs in the store (see form ABC 299 forwording). (Section 25612.5©(7) Business & Profession Code). 22. All on and off sale licensees must post warning signs reading, "Warning: Drinking spirits, beer, coolers, wine and other alcoholic beverages may increase cancer risk and during pregnancy, can cause birth defects." (Sections 12601(b) (1) (D) (1) and 12601(b) (4) (E). CCR). G:\Planning\20071PA07-0324 Fresh & Easy MCUP\Planning\Final COA.doc 6