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HomeMy WebLinkAbout17-13 PC Resolution PC RESOLUTION NO. 17-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA17-0261, A FINDING OF PUBLIC CONVENIENCE OR NECESSITY FOR 99 CENTS ONLY STORES CORPORATION TO OBTAIN A TYPE 20 (OFF-SALE BEER & WINE) ABC LICENSE FOR THE STORE LOCATED AT 40355 WINCHESTER ROAD (APN 920-080-003), AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On February 7, 2017, Steve Rawlings filed Planning Application No. PA17- 0261, a Finding of Public Convenience or Necessity Application 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 21, 2017, 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. PA17-0261, 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: Finding of Public Convenience or Necessity (Section 17.10.020) A. Whether or not the proposed use is consistent with the General Plan and Development Code. The proposed use is consistent with the City of Temecula General Plan which specifies that the Community Commercial designation includes retail, professional office, and service oriented business including supermarkets, department stores, theaters, restaurants, professional and medical offices, and specialty retail stores. The sale of beer and wine would serve as an incidental use to the establishment operations. The proposed use is consistent with the Development Code which allows for discount stores and grocery stores. Development Code Under Temecula Municipal Code Section 17.10.020.B.2, the sale of alcoholic beverages at grocery stores and/or discount/department stores is a permitted use when the primary use is permitted by right (the 99 Cents Only Corporation Store qualifies as a discount/department store and is permitted by right in the Development Code). B. Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses. The 99 Cents Only Stores Corporation is located within an existing shopping center on a developed lot within the Community Commercial zoning designation. As conditioned, the proposed use is compatible with the nature, condition and development of adjacent uses, buildings and structures, and the proposed conditional uses will not adversely affect the adjacent uses, buildings or structures. C. Whether or not the proposed use would have an adverse effect on adjacent land uses. As conditioned, the project will meet all requirements of the 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. 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 development will be constructed and function in a manner consistent with the public health, safety and welfare. D. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity. Census Tract 496.00, where the 99 Cents Only Stores Corporation is located, is currently considered "over-concentrated" with off-sale alcohol licenses by the California Department of Alcoholic Beverage Control (ABC). Four (4) off-sale licenses are allowed within the tract by ABC before being considered "over- concentrated." Currently, the tract has five (5) active licenses. This concentration of on-sale licenses can be explained by the population residing in the tract versus the amount of commercial development within in the tract, the regional draw of the mall, successful commercial centers, and tourism. Consequently, a significant portion of the actual population utilizing these facilities does not reside within the Census Tract. As an ABC defined "over-concentrated" tract, a Finding of Public Convenience or Necessity is required for the approval of the Type 20 (off-sale beer and wine) ABC license. This is only the third Type 20 license located within this tract, and the 99 Cents Only Store Corporation operates under an "extreme" discount model, which is different than the surrounding discounbtraditional grocery/department stores. Therefore, the use is not expected to 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: 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, Existing Facilities); Under Section 15301, Class 1, Existing Facilities, licensing and permitting that involves negligible or no changes in use qualify for a categorical exemption. Alcohol sales are common ancillary uses in grocery/discount stores, and the sale of beer and wine (off-sale) involves a negligible change in use. Additionally, all access and public utilities are available to the site, and the use 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. PA17-0261, a Finding of Public Convenience or Necessity for 99 Cent Store to obtain a Type 20 (Off-Sale Beer & Wine) ABC license for the store located at 40355 Winchester Road and making a finding of exemption under the California Environmental Quality Act (CEQA) 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 21st day of June, 2017. U- .- v John H. Telesio, Chairperson ATTEST: a-�i4 Lu son 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. 17-13 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 21st day of June, 2017, by the following vote: AYES: 4 PLANNING COMMISSIONERS: GUERRIERO, TELESIO, WATTS, YOUMANS NOES: 0 PLANNING COMMISSIONERS: NONE ABSENT: 1 PLANNING COMMISSIONERS: TURLEY-TREJO ABSTAIN: 0 PLANNING COMMISSIONERS: NONE 'Luke Watson Secretary EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA17-0261 Project Description: A Finding of Public Convenience or Necessity for 99 Cents Only Stores Corporation to obtain a Type 20 (Off-Sale Beer & Wine) ABC license for the store located at 40355 Winchester Road Assessor's Parcel No.: 920-080-003 MSHCP Category: N/A(no new grading) DIF Category: N/A(no additional square footage) TUMF Category: N/A(no additional square footage) Quimby Category: N/A (non-residential) New Street In-lieu of Fee: N/A (not located within the Uptown Specific Plan) Approval Date: June 21, 2017 Expiration Date: Not Applicable PLANNING DIVISION General Requirements 1. 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. 2. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 3. Signaae Permits. A separate building permit shall be required for all signage. 4. Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 5. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment, walls, or other structures. 6. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 7. Statement of Operations. The applicant shall comply with their Statement of Operations dated April 4, 2017, on file with the Planning Division, unless a conflict exists between the Statement of Operations and these Conditions of Approval, in which case the Conditions of Approval control. 8. Advertising. The operator shall not advertise alcoholic beverages in any store windows, or in any area on the exterior of the property. 9. Alcohol Beverage Sales Area. Alcohol sales are limited to 12 linear feet of shelf space. 10. Packaging Requirements. All alcoholic sales shall be served in the original manufactures packaging (i.e.; 6 packs, 12 packs, 18 packs, 24 packs, or 30 packs). Single wine bottles shall be sold in a minimum of 375 ml bottles. Wine coolers shall be available in packages of no less than 2-packs. Additionally, no cold storage of beer or wine shall occur. POLICE DEPARTMENT General Requirements 11. Type 20 License. The applicant has applied for a Type 20 License (Off-Sale Beer & Wine). 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 are allowed on the premises. 12. 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. 13. 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. 14. Acceptable Forms of Identification. 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. 15. 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 premise includes the parking lot (Section 25601 B&P; 316 PC). 16. 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). 17. 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 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). 18. Employee Training for Identification Checks. The applicant shall 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. 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 setup 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. 19. Public 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. 20. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132.