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HomeMy WebLinkAbout08_045 PC ResolutionPC RESOLUTION NO. 08-45 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0122, A CONDITIONAL USE PERMIT TO CONSTRUCT A SPECIALTY GROCERY MARKET WITHIN SUB-AREA B OF THE PDO-5 ZONING DESIGNATION, AS WELL AS A REQUEST FOR A TYPE 20 (OFF-SALE GENERAL) ALCOHOL BEVERAGE CONTROL (ABC) LICENSE, LOCATED ALONG THE SOUTH SIDE OF RANCHO CALIFORNIA ROAD, JUST EAST OF MORAGA ROAD (APN 944-290-012) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On October 8, 2002, the City Council approved Planning Application No. PA00-0140, the Temecula Village Development Plan. B. On May 30, 2008, The Bergman Group, filed Planning Application No. PA08-0122, Conditional Use Permit application in a manner in accord with the City of Temecula General Plan and Development Code. The applicant also filed Planning Application Nos. PA08-0123, Major Modification, and PA08-0125, Planned Development Overlay 5 Amendment. 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 October 15, 2008, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity: and 'id 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. PA08-0122 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 Application, Development Code Section 17.04.010E A. The proposed conditional use is consistent with the General Plan and the Development Code; 2 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 Temecula Village PDO. The site is properly planned and zoned, and as conditioned, is physically suitable for the use type 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 Temecula Village PDO 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 ensurb that the use will function in a manner consistent with the public health, safety and welfare. 3 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 application, PA08-0122, a Conditional Use Permit to construct a specialty grocery market within Sub-area B of the PDO-5 zoning designation, as well as a request for a Type 20 (Off-sale general) Alcohol Beverage Control (ABC) license: A. Pursuant to the California Environmental Quality Act ("CEQA), the Planning Commission has considered the proposed Conditional Use Permit application. The Planning Commission has also reviewed and considered Mitigated Negative Declaration ("MND") for the Project, approved by the Planning Commission as Planning Application No. PA00-0140 on October 8, 2002, including the impacts and mitigation measures identified therein. Based on that review, the Planning Commission finds that the proposed Conditional Use Permit application does not require the preparation of a subsequent Environmental Impact Report or (Mitigated) Negative Declaration as none of the conditions described in Section 15162 of the CEQA Guidelines (14 Cal. Code Regs. 15162) exist. Specifically, the Planning Commission also finds that the proposed Conditional Use Permit application 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 application will have one or more significant effects not previously discussed in the MND. All potential environmental impacts associated with the proposed Conditional Use Permit application are adequately addressed by the prior MND, and the mitigation measures contained in the MND will reduce those impacts to a level that is less than significant. A Notice of Determination pursuant to Section15163 of the CEQA Guidelines is therefore the appropriate type of CEQA documentation for the Conditional Use Permit application, and no additional environmental documentation is required. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA08-0122, a Conditional Use Permit to construct a specialty grocery market within Sub-area B of the PDO-5 zoning designation, as well as a request for a Type 20 (Off-sale general) Alcohol Beverage Control (ABC) license, located along the south side of Rancho California Road, just east of Moraga Road, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. a Section 5. PASSED APPROVED AND ADOPTED by the City of Temecula Planning Commission this 15th' day of October 2008. John Telesio, Chairman ATTEST: Debbie Ubnoske, Secretary -NSTATE.OF CALIFORNIA ) C`UuNTY 0~ RIVERSIDE )ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 08-45 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 October 2008, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Telesio NOES: 1 PLANNING COMMISSIONERS Chiniaeff ABSENT: 0 PLANNING COMMISSIONERS None ABSTAIN: 0 PLANNING COMMISSIONERS None Debbie Ubnoske, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA08-0122 Project Description: A Conditional Use Permit to construct a specialty grocery market within Sub-area B of the PDO-5 zoning designation, as well as a request for a Type 20 (Off-sale general) Alcohol Beverage Control (ABC) license, located along the south side of Rancho California Road just east of Moraga Road Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Approval Date: Expiration Date: PLANNING DEPARTMENT 944-370-005, 944-370-006, 944-370-007 Satisfied per PA08-0123, Major Modification Application Satisfied per PA08-0123, Major Modification Application Satisfied per PA08-0123, Major Modification Application October 15, 2008 October 15, 2010 Within 48 Hours of the Approval of This Project PL-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 One Thousand Nine Hundred Forty Dollars and Seventy-Five Cents ($1,940.75) which includes the One Thousand Eight Hundred Seventy Six Dollar and Seventy-Five Cent ($1,876.75) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty-Four Dollar ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. 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 due to failure of condition [Fish and Game Code Section 711.4(c)]. PL-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 PL-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 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. PL-4. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-5. This approval shall be used within two years of the 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. PL-6. The Director of Planning may, upon an application being filed within 30 days prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. PL-7. This project and all subsequent projects within this site shall be consistent with the Temecula Village PDO-5. PL-8. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the Temecula Village Mitigated Negative Declaration approved on October 8, 2002 (PA00-0140). PL-9. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL-10. The applicant shall comply with their Statement of Operations dated May 29, 2008, on file with the Planning Department, unless superseded by these Conditions of Approval. PL-11. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL-12. The City, 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 business, a change in scope, emphasis, size of 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, 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. PL-13. 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 (L.E.A.D.) training from the California Department of Alcoholic Beverage Control. PL-14. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (951-676-5090). PL-15. This approval is contingent upon approval of Planning Application Nos. PA08-0122 and PA08-0125. PL-16. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. OUTSIDE AGENCIES PL-17. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated June 6, 2008, a copy of which is attached. FIRE PREVENTION General Requirements F-1. Refer to conditions from PA08-0123 for fire and life safety conditions. POLICE DEPARTMENT General Requirements PD-1. The following are conditions of approval and public convenience and necessity for this conditional use permit request submitted by applicant Andrew Hedin, Fresh & Easy Market located in the Temecula Village off Rancho California Road. The following conditions must be met. PD-2. Applicant is a new business, applying for a Type 20 (Off Sale Beer & Wine) - 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. PD-3. Applicant will comply with City Ordinance 97-07, 0.14.010 Temecula Municipal Code series, Consumption of Alcoholic Beverages in Public Prohibited. PD-4. Identification will be verified utilizing one of the following: a. Valid California driver's license b. Valid California identification card c. Valid military identification card (active/reserve/retired/dependent) d. Valid driver's license from any of the 50 States or Territories of the United States e. Valid U.S. Passport f. Valid government issued identification card issued by a Federal, State, and County or City agency. PD-5. 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 Section 25660 of the Business and Profession Code (B&P), which includes the following requirements: a. name of person b. date of birth c. physical description d. photograph e. currently valid (not expired) PD-6. 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. Forthis reason, the Temecula Police Department has imposed a mandatory training for all employees involved in the service and sales of alcoholic beverages. Contact the Temecula Police Crime Prevention and Plans Officer at (951) 695-2773 to schedule a training date. Training must be completed prior to the grand opening of this business and periodic updated training when new employees/management is hired. All alcohol training is provided free of charge by the Temecula Police Department. A second option is to have all employees and management attend the mandatory L.E.A.D. training provided by Alcoholic Beverage Control. Contact ABC Riverside (951) 782-4400) for scheduled training classes. Proof of completion must be presented to the police department prior to opening. PD-7. 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 anytime 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 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) PD-8. 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 premise includes the parking lot (Section 25601 B&P; 316 PC). PD-9. 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). PD-10. Signs: a. Stores (license Types 20 and 21) must post one or more customer warning signs in the store (see form ABC 299 for wording). (Section 25612.5 © 7 B&P. b. 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 126001(b)(1)(D)(1) and 12601(b)(4)(E). CCR. PD-11. Refer any and all questions to the Police Department Crime Prevention and Plans Unit (951) 695-2773. COU,JY OF RIVERSIDE o COMMU 41'Y HEALTH AGENCY DEPARTMENT OF ENVIRONMENTAL HEALTH joh 1 01008 City of Temecula Planning Department c/o Cheryl Kitzerow/ Matt Peters PO BOX 9033 Temecula, CA 92589-9033 6 June 2008 RE: PA08-0122 The Department of Environmental Health (DEH) has received and reviewed the PA08- 0122 for the Conditional Use Permit (CUP) application to allow a grocery store larger than 10,000 square feet with alcohol sales, ABC License Type 20 for beer and wine. The Fresh and Easy Neighborhood Market will be open, Monday-Sunday, 7:00 AM to midnight, under the applicant: Andrew Hedin. The planning application statement that there are no known existing hazardous materials on this site, only normal cleaning agents that will be used beyond the self contained Freon in the refrigeration systems. The market is located along the Rancho California Road corridor northeast of the I-15 freeway (APN 944-290-012) in the City of Temecula. Water and sewer availability for customer use can be found along this corridor. However, food vending, restaurant or expansion use of the market shall require food plan check compliance by the County of Riverside DEH. Please call Bonnie Dierking, Supervising RES at 951.461.0284 within 24 hours of the City's receipt fax of these conditions. If you have any questions, please do not hesitate to call me at 951.600.6180 Sincerely, Gregor Dellenbach, REHS EHS080937 Land Use and Waier Engineering ^ 394913 Los Alamos Road, Murneta. CA 92562 • (951) 600-6180 • FAX (951) 600-6187