HomeMy WebLinkAbout09-011 PC Resolution
PC RESOLUTION NO. 09-11
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NOS. PA09-0156 AND PA09-0157, A
CONDITIONAL USE PERMIT FOR A 7-11 CONVENIENCE
MARKET AND TYPE-20 ABC LICENSE FOR THE
INCIDENTAL SALE OF BEER AND WINE, WITH AN
ASSOCIATED FINDING OF PUBLIC CONVENIENCE OR
NECESSITY, LOCATED WITHIN AN EXISTING
SHOPPING CENTER AT THE NORTHWEST CORNER OF
YNEZ AND WINCHESTER ROADS, ADDRESSED AS
41125 WINCHESTER ROAD SUITE A-3 (APN 910-281-
003)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On April 21, 2009, Gregory Hann, filed Planning Application Nos. PA09-
0157 Conditional Use Permit Application and PA09-0156 Finding of Public Convenience
or Necessity Findings Application in a manner in accord with the City of Temecula
General Plan and Development Code.
B. The Applications were processed including, but not limited to a public
notice, in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the
Applications and environmental review on June 17, 2009, 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.
D. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission approved Planning Application Nos. PA09-0157 and
PA09-0156 subject to and based upon the findings set forth hereunder.
E. All legal preconditions to the adoption of the 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 7-11 market is a conditionally permitted use in the Community
Commercial zone. The proposed use is consistent with the City of Temecula
General Plan which specifies that the Community Commercial (CC) designation
includes retail, professional office, and service oriented business activities
serving the entire community. The 7-11 convenience market is proposed within
an existing shopping center. The sale of alcohol is an incidental use to the
market. Development Code Section 17.10.020.B.2 allows for the incidental sale
of alcoholic beverages in conjunction with an otherwise allowable use as a
permitted use, unless such primary uses are otherwise conditionally permitted by
another provision of this Title. Since the 7-11 convenience market requires a
Conditional Use Permit, so does the incidental sale of alcohol. Planning
Application No. PA09-0157, a request for a CUP for 7-11, is being processed
concurrently with this PCN request (PA09-0156).
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. The 7-11 convenience
market is proposed in an existing building in a shopping center within the
Community Commercial zone. The conditional use has also been reviewed by
the City of Temecula Fire, Building and Safety, Public Works and Police
Department to ensure sale of alcohol will operate safely and not affect any
adjacent uses, buildings or structures.
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 the Development Code and
required by the Planning Commission or City Council in order to integrate the use with
other uses in the neighborhood;
The site for the conditional use is adequate in size and shape to accommodate
the yards, walls, fences, loading facilities, buffer areas, landscaping and other
development features described in the City of Temecula Development Code as
well as other governing regulations.
D. The nature of the proposed conditional use is not detrimental to the health,
safety and general welfare of the community;
The proposed project is consistent with the requirements outlined in Chapter
17.04.010 of the City of Temecula's Development Code. The City of Temecula
Planning, Fire, Building and Safety, Public Works and Police Departments have
reviewed this Conditional Use Permit and determined that it will not be
detrimental to the health, safety and welfare of the community as conditioned. In
addition, the Riverside County Department of Environmental Health has also
reviewed and conditioned the project.
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 decision to conditionally approve the application has been based on
substantial evidence in view of the record as a whole.
Findings of Public Convenience or Necessity (Development Code Section
17.10.020.B.5)
F. Is the proposed use consistent with the General Plan and the
Development Code;
The proposed 7-11 market is a conditionally permitted use in the Community
Commercial zone. The proposed use is consistent with the City of Temecula
General Plan which specifies that the Community Commercial (CC) designation
includes retail, professional office, and service oriented business activities
serving the entire community. The 7-11 convenience market is proposed within
an existing shopping center. The sale of alcohol is an incidental use to the
market. Development Code Section 17.10.020.8.2 allows for the incidental sale
of alcoholic beverages in conjunction with an otherwise allowable use as a
permitted use, unless such primary uses are otherwise conditionally permitted by
another provision of this Title. Since the 7-11 convenience market requires a
Conditional Use Permit, so does the incidental sale of alcohol. Planning
Application No. PA09-0157, a request for a CUP for 7-11, is being processed
concurrently with this PCN request (PA09-0156).
G. Is the proposed use compatible with the nature, condition and character of
the adjacent land uses;
The 7-11 convenience market is proposed in an existing building in a shopping
center within the Community Commercial zone. This center also includes a
Carl's Jr. restaurant, Kragen Autoparts, Riverside County Continuation School,
Temecula Pawn and Coin, two vacant units and other retail and restaurant uses.
The incidental sale of beer and wine at a convenience market is compatible with
the nature, condition and character of adjacent land uses.
H. Will the proposed use have an adverse affect on adjacent land uses;
It is not anticipated that the proposed use will have an adverse affect on adjacent
land uses, as all of the adjacent land uses are primarily commercial retail type
uses, and the proposed project is anticipated to add to the convenience and
diversity of uses located within the center.
I. Would the proposed use result in an excessive number of similar
establishments in close proximity;
With regard to the over concentration of existing licenses in the census tract,
three licenses are allowed before census tract 0432.10 is considered to be over-
concentrated by ABC's standards. Eight licenses currently exist for three gas
stations, three grocery stores, Sam's Club warehouse store, and a gift packaging
business. These businesses are dispersed throughout the tract located off
Winchester Road, Ynez Road and Murrieta Hot Springs Road. A ninth license
(for 7-11) in the census tract for off-sale at a convenience market would not result
in an excessive number of similar establishments in close proximity.
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:
A. In accordance with the California Environmental Quality Act, the proposed
project has been deemed to be categorically exempt from further environmental review
(Section 15301, Class 1 Existing Facilities).
1. The request for a Minor Conditional Use Permit and Finding of Public
Convenience or Necessity for a Type-20 (Off-sale Beer and Wine) at a
proposed 7-11 convenience market will be conducted within an existing
building in a developed retail shopping center. All access and public
utilities are available to the site. The proposed use with issuance of a
CUP is in conformance with all zoning requirements of the Development
Code.
Section 4. Conditions. The Planning Commission of the City of Temecula
approves Planning Application Nos. PA09-0156 and PA09-0157, a Conditional Use
Permit for a 7-11 convenience market and Type-20 ABC license for the incidental sale
of beer and wine, with an associated Finding of Public Convenience or Necessity. The
proposed 7-11 would be located within an existing shopping center at the northwest
corner of Ynez and Winchester Roads, addressed as 41125 Winchester Road, subject
to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated
herein by this reference.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 17th day of June 2009.
RIM*nfe Harter Chairman
Y ,
ATTEST:
Patrick Richardson, Secretary
[$EAL]
`VJ '1
STATE OF CALIFORNIA )
COUNTY OF RIVE,SIDE )ss
CITY OF TEMEGULA )
I, Patrick Richardson, Secretary of the Temecula Planning Commission, do
hereby certify that the forgoing PC Resolution No. 09-11 was duly and regularly
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the W day of June 2009, by the following vote:
AYES: 5 PLANNING COMMISSIONERS: Carey, Chiniaeff, Guerriero, Harter,
Telesio
NOES: 0 PLANNING COMMISSIONERS: None
ABSENT:o PLANNING COMMISSIONERS:
ABSTAINP PLANNING COMMISSIONERS:
None
None
Patrick Richardson, Secretary
EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA09-0156 and PA09-0157
Project Description: Planning Application Numbers PA09-0156 and PA09-0157, a
Conditional Use Permit for a 7-11 convenience market and Type-20
ABC license for the incidental sale of beer and wine, with an
associated Finding of Public Convenience or Necessity, located
within an existing shopping center at the northwest corner of Ynez
and Winchester Roads, addressed as 41125 Winchester Road Suite
A-3
Assessor's Parcel No.: 910-281-003
MSHCP Category: N/A
DIF Category: N/A
TUMF Category: N/A
Approval Date: June 17, 2009
Expiration Date: June 17, 2011
PLANNING DEPARTMENT
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 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 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)).
General Requirements
PL-2. 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
iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliillillillillilillillillillillillilliillillillillI
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-3. The permittee shall obtain City approval for any modifications or revisions to the
approval of this project.
PL-4. 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-5. The City Planner 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-6. A separate building permit shall be required for all signage, consistent with the
requirements of the Rancho Crossroads Sign Program.
PL-7. The Conditions of Approval specified in this resolution, to the extent specific items,
materials, equipment, techniques, finishes or similar matters are specified, shall be
deemed satisfied by staffs prior approval of the use or utilization of an item, material,
equipment, finish or technique that City staff determines to be the substantial equivalent
of that required by the Conditions of Approval. Staff may elect to reject the request to
substitute, in which case the real party in interest may appeal, after payment of the
regular cost of an appeal, the decision to the Planning Commission for its decision.
PL-8. Trash enclosures shall be provided to house all trash receptacles utilized on the site.
These shall be clearly labeled on site plan.
PL-9. The applicant shall comply with their Statement of Operations dated April 20, 2009,
attached and on file with the Planning Department, unless superseded by these
Conditions of Approval.
PL-10. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's
Development Code.
PL-11. The City, its City Planner, 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 City Planner, Planning
Commission and City Council is in addition to, and not in-lieu of, the right of the City, its
City Planner, Planning Commission, and City Council to review, 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.
PL-12. 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-13. 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).
Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit
PL-14. Each parking space reserved for the handicapped shall be identified by a permanently
affixed reflectorized sign constructed of porcelain on steel, beaded text or equal,
displaying the International Symbol of Accessibility. The sign shall not be smaller than
70 square inches in area and shall be centered at the interior end of the parking space
at a minimum height of 80 inches from the bottom of the sign to the parking space
finished grade, or centered at a minimum height of 36 inches from the parking space
finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous
place, at each entrance to the off-street parking facility, not less than 17 inches by 22
inches, clearly and conspicuously stating the following:
"Unauthorized vehicles parked in designated accessible
spaces not displaying distinguishing placards or license
plates issued for persons with disabilities may be towed away
at owner's expense. Towed vehicles may be reclaimed by
telephoning (951) 696-3000."
PL-15. In addition to the above requirements, the surface of each parking place shall have a
surface identification sign duplicating the Symbol of Accessibility in blue paint of at least
three square feet in size.
PL-16. All of the foregoing conditions shall be complied with prior to occupancy or any use
allowed by this permit.
OUTSIDE AGENCIES
PLAT The applicant shall comply with the recommendations set forth in the County of
Riverside Department of Environmental Health's transmittal dated April 29, 2009, a copy
of which is attached.
BUILDING AND SAFETY DEPARTMENT
General Conditions/Information
B-1. All design components shall comply with applicable provisions of the 2007 edition of the
California Building, Plumbing and Mechanical Codes; 2007 California Electrical Code;
California Administrative Code, Title 24 Energy Code, California Title 24 Disabled
Access Regulations, and the Temecula Municipal Code.
B-2. Provide electrical plan including load calculations and panel schedule, plumbing
schematic and mechanical plan applicable to scope of work for plan review.
B-3. Provide precise grading plan to verify accessibility for persons with disabilities.
B-4. Provide appropriate stamp of a registered professional with original signature on plans.
B-5. Obtain all building plans and permit approvals prior to commencement of any
construction work.
POLICE DEPARTMENT
General Requirements
PD-1. Applicant has applied for a Type-20 License (Off-Sale General). A Type-20 license
authorizes the sale of beer and wine for consumption off the premises where sold.
PD-2. Applicant will comply with Temecula Municipal Code section 9.14.010, Consumption of
Alcoholic Beverages in Public Prohibited.
PD-3. The Temecula Police Department regards sales of alcohol to minors as a very serious
offense. Applicant will ensure identification is checked for each sale of alcohol.
PD-4. Applicant shall ensure tobacco products are not sold to persons under the age of 18
years.
PD-5. 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-6. 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-7. Licensees may not sell, give, or deliver alcohol (bythe drink or by the package) between
2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol
between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P Code). Some ABC licenses
have special conditions (restrictions) as to hours of sale that are stricter that the law.
Those licenses are marked "Conditional" (23805 B&P).
PD-8. 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 time
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) PC).
PD-9. Applicant will ensure all employees involved with the sales, service and identification
checks for the purpose of any sales of alcoholic beverages have received LEADS
training from ABC. The Temecula Police Department provides free training in addition to
the ABC LEADS course 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. 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 employees /
management are hired.
PD-10. 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.
PD-11. The applicant is responsible for preventing loitering on the property. All employees shall
be instructed to call the Temecula Police Department dispatch center at (951) 696
HELP (4357) if loitering becomes a problem on the premises.
PD-12. Due to the close proximity to a school, applicant shall have at least 2 employees on duty
during the time period 1 hour before the school opens and 2 hours after it closes on
weekdays.
COD, 4IY OF RIVERSIDE • COMML ,iTY HEALTH AGENCY
DEPARTMENT OF ENVIRONMENTAL HEALTH
City of Temecula D [EC E Q
Planning Department
c/o Cheryl Kitzerow MAY - 4 2009
PO BOX 9033
Temecula, CA 92589-9033
29 April 2009
RE: PA09-0157
The Department of Environmental Health (DEH) has received and reviewed the PA09-
0157 for the Minor Conditional Use Permit to allow for the sale of off-sale beer and wine
at the 7-11 convenience stores with a Type 21 ABC license located at 41125 Winchester
Road„ Suite A3 under applicant: Gregory Scott Hann.
The CUP is required per the Conditions of Approval for ABC license (CUP- PA09-0156)
located at the northwest corner of Winchester and Ynez Roads. (APN 910-281-003)
Any future food facility the applicant shall contact this Department at 951.461.0284 for
food plan check compliance by the County of Riverside DEH.
If your have any questions, please do not hesitate to call me at 951.955.8980
Sincerely,
Gregor Dellenbach, REHS
EHS090157 ($234.00)
1~1 i( i r.
of Enfo cement Agency • VD. Box IZSd. h',,, id CA 92502-1 ~U a5! 1A U' 1I ?S1-9o53
Lind Use and Water Engineering • PO Box IZJ6. Hit i.ide CA 92:,022. 120x' rut Jai , i n'r. 0'10 1 ci n