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HomeMy WebLinkAbout16-19 PC Resolution PC RESOLUTION NO. 16-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA16-0662 (CONDITIONAL USE PERMIT MODIFICATION) TO ALLOW FOR ALDI MARKET TO ACQUIRE A TYPE 20 OFF-SALE BEER AND WINE ABC LICENSE AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE SITE IS LOCATED ON THE SOUTH SIDE OF RANCHO CALIFORNIA, APPROXIMATELY 500 FEET WEST OF MORAGA ROAD. (APN 944-290-027) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On May 2, 2016, Lawrence Canale filed Planning Application No. PA16- 0662 a Minor Modification, in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was 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 Application and environmental review on June 1, 2016, 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 Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA16-0662, 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 17.04.010.E) A. The proposed conditional use is consistent with the General Plan and the Development Code; ALDI Market is approved to operate a food market for the primary purpose of offering the sale of general food items and is proposing to expand the use to include the sale of beer and wine. The proposed use is consistent with the City of Temecula General Plan which specifies Professional Office (PO) for this site, and conditionally allows for food markets and other service oriented businesses. The sale of beer and wine would serve as an incidental use to the establishment's operations and requires a Conditional Use Permit. 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; ALDI Market is an approved food market to be located in the Professional Office (PO) zone. As conditioned, the proposed 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. 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 application will allow for the acquisition of a Type 20 Off-Sale Beer and Wine ABC License at an approved location. This amendment does not propose any site changes to accommodate the expanded use as 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. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The project meets all requirements of the Fire Code, the Building Code, Development Code and General Plan which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. E. That the decision to 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 for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Planning Commission. 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. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15332, Class 32, In-Fill Development Projects); The request for approval of PA16-0662, an amendment to PA15-1844 Conditional Use Permit for the acquisition of a Type 20 Off-Sale Beer and Wine ABC License at ALDI Market will be conducted in an approved market. All access and public utilities are available to the site. The proposed use, with issuance of a Conditional Use Permit, 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 No. PA16-0662, to allow for ALDI Market to acquire a Type 20 Off-Sale Beer and Wine ABC License and making a finding of exemption under the California Environmental Quality Act (CEQA). The site is located south of Rancho California Road and east of Moraga Road. (APN 944-290-027), 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 1st day of June, 2016. Ron Guerriero, Chairperson ATTEST: L atson, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 16-19 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 1st day of June, 2016, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Guerriero, Telesio, Turley-Trejo, Watts, Youmans NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None ,,—a �z Luke Watson, Secretary EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA16-0662 Project Description: ALDI Market MOD: a Minor Modification to PA15-1844 Conditional Use Permit to allow forALDI Market to acquire a Type 20 Off-Sale Beer and Wine ABC License. The site is located on the south side of Rancho California Road, approximately 500 feet west of Moraga Road. Assessor's Parcel No.: 944-290-027 MSHCP Category: N/A(no grading) DIF Category: N/A(no new construction) TUMF Category: N/A(no new construction/grading) Quimby Category: N/A(non-residential) Approval Date: June 1, 2016 Expiration Date: June 1, 2018 PLANNING DIVISION Within 48 Hours of the Approval 1. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a cashiers check or money order made payable to the County Clerk in the amount of Fifty Dollars ($50.00) 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 Division the check as required above,the approval forthe project granted shall be void by reason of failure of condition (Fish and Wildlife Code Section 711.4(c)). General Requirements 2. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys 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. 3. Expiration. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. Use means 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, or use of a property in conformance with a Conditional Use Permit. 4. Conformance with Approved Plans. This amendment to the approved conditional use permit PA15-1844 shall not allow for any changes to the approved site plan and elevations to the the approved development plan PA15-1843, contained on file with the Planning Division. 5. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. g. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 7. City Review and Modification of CUP. The City, its Director of Community Development, 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 Director of Community Development, Planning Commission and City Council is in addition to, and not in-lieu of, the right of the City, its Director of Community Development, 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. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 8. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. POLICE DEPARTMENT General Requirements 9. Type 20 License. The applicant has applied for a Type 20 License (Off-Sale Beer & Wine — Package Store). A Type 20 license authorizes the sale of beer and/or wine for consumption off the premises where sold. No distilled spirits may be on the premises. Minors may not enter and remain except as provided in B&P Section 25663.5. Food Service is not required. 10. Consumption of Alcoholic Beverages in Public Prohibited. The applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. 11. Identification Verification. 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, County or City agency. 12. Acceptable Forms of Identificaion. 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). It is the responsibility of the business owner and any person who serves or sells alcohol to be aware of current laws and regulations pertaining to alcoholic beverages. 13. No Alcohol Sales Between 2:00 AM and 6:00 AM. Licensees may not sell, give, or deliver alcohol (by the 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). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00 a.m. Section 25632 B&P). 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). 14. Inspections. 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 probable cause. This includes inspecting the store room, office, closed or locked cabinets, safes, 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). 15. Employee Training for Identification Checks. The applicant shall ensure all employees involved with the sales and identification checks for the purpose of any sales of alcohol 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. Contact the Crime Prevention and Plans Unit at (951) 506-5132 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. 16. Sale of Alcohol. Any business that sells any type of alcohol shall comply with all guidelines within the Business and Profession Codes and all rules, regulations and guidelines of the California Department of Alcoholic Beverage Control. 17. Alcohol Related Training and Inspections. Contact the Temecula Police Department for alcohol related inspections and training for both employees and owners. This includes special events held at business locations where alcohol will be served for a fee and the event is open to the general public. 18. Alcohol in Public Prohibited. Applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. 19. Sales of Alcohol - Identification. 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, County or City agency. 20. Sales of Alcohol - Identification Requirements. 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 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). It is the responsibility of the business owner and any person who serves or sells alcohol to be aware of current laws and regulations pertaining to alcoholic beverages.