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HomeMy WebLinkAbout19-27 PC ResolutionPC RESOLUTION NO. 19-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA19-0997, A CONDITIONAL USE PERMIT TO ALLOW FOR TYPE 74 (CRAFT DISTILLER) AND TYPE 23 (SMALL BEER MANUFACTURER) ABC LICENSES FOR A PROPOSED DISTILLERY, BREWERY AND RESTAURANT LOCATED AT 27901 JEFFERSON AVENUE, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 921-050-003). Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On July 16, 2019, Burley Wright, on behalf of Hendo's Brewing & Spirits, LLC, filed Planning Application No. PA19-0997, a Conditional Use Permit 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 November 6, 2019, 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. PAI9-0997 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 Permits, Development Code Section 17.04.010.E A. The proposed conditional use is consistent with the General Plan and the Development Code; The business will operate as a full -service restaurant with the primary purpose of offering a full menu of foot! within an existing building. The Type 23 and Type 74 ABC Licenses will allow for onsite and off -site consumption of alcoholic beverages and wholesale. The proposed conditional use will be consistent with the City of Temecula General Plan, which identifies that the site is located in the Uptown Temecula Specific Plan. The Uptown Temecula Specific Plan provides that restaurants that serve alcohol and have an ancillary light manufacturing component are conditionally permitted uses in the Uptown Center (UC). The sale of distilled spirits under a Type 74 (Craft Distiller) and beer under a Type 23 (Small Beer Manufacturer) license would serve as an incidental use to the establishment's operations. 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 business will operate within an existing building. As conditioned, the proposed conditional use for the Type 74 (Craft Distiller) and Type 23 (Small Beer Manufacturer) licenses will be compatible with the nature, condition and development of adjacent uses, buildings and structures because the surrounding area includes similar uses such as restaurants and retail establishments. The proposed conditional use will not adversely affect the adjacent uses, buildings or structures because the surrounding buildings are designed for restaurant, retail, light manufacturing, and other commercial uses in the vicinity of the project. 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 council in order to integrate the use with other uses in the neighborhood. The site for the 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 the Uptown Temecula Specific Plan and required by the Planning Commission in order to integrate the use with other uses in the commercial area because the existing and proposed expansion meets all the requirements of the Development Code and Specific Plan. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project will meet all the requirements of the Development Code, Fire Code and the Building Code, which provided safeguards for the health, safely 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 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 Director of Community Development, 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 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 I, Existing Facilities); The Conditional Use Permit will allow a new restaurant within the Uptown Temecula Specific Plan to obtain ABC Type 74 (Craft Distiller) and Type 23 (Small Beer Manufacturer) licenses. The restaurant will be located within an existing structure. All access to public utilities are available to the site. The project consists of the operation and maintenance of an existing private structure involving a negligible kitchen and dining mezzanine expansion not exceeding a 2,500 square foot expansion nor 50% of the floor area. The project site is not located in and environmentally sensitive area. The proposed use, with issuance of a Conditional Use Permit, will be in conformance with all zoning requirements contained in the Development Code and the Uptown Temecula Specific Plan. As a result, the restaurant represents a negligible addition to the commercial district. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA19-0997, a Conditional Use Permit to allow ABC Type 74 and Type 23 ABC licenses for Hendo's Barrel House, a future restaurant located at 27901 Jefferson Avenue, 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 6th day of November, 2019. Gary Watts, Chairperson ATTEST: Luke Watson 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. 19-27 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 6`h day of November, 2019, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Guerriero, Telesio, Turley-Trejo, Watts, Youmans NOES: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None Luke Watson, Secretary Planning Application No.: Project Description: Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Quimby Category: New Street In -lieu of Fee: Approval Date: Expiration Date: 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 for the project granted shall be void by reason of failure of condition (Fish and Wildlife Code Section 711.4(c)). EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL PA19-0997 Hendo's Barrel House CUP: A Conditional Use Permit for a Type 74 (Craft Distiller) and Type 23 (Small Beer Manufacturer) ABC License for the proposed brewery, distillery and restaurant to operate at 27901 Jefferson Avenue. 921-050-003 N/A (Conditional Use Permit for Alcohol) N/A (Conditional Use Permit for Alcohol) N/A (Conditional Use Permit for Alcohol) N/A (Non -Residential Project) N/A (This Conditional Use Permit Does Not Include Additional Square Footage) November 6, 2019 November 6, 2021 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 use 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. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up three extensions of time, one year at a time. 5. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 14 (Uptown Temecula Specific Plan). 6. Consistency with Development Agreements. The project and all subsequent projects within this site shall be subject to the conditions herein. 7. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and floorplan contained on file with the Planning Division. 8. Siunaue Permits. A separate building permit shall be required for all signage. 9. Water Ouality and Drainage. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. 10. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 11. Covered Trash Enclosures. All trash enclosures on site shall include a solid cover and the construction plans shall include all details of the trash enclosures, including the solid cover. 12. Bona Fide Eating Place. The on -site sales and consumption of alcohol are an incidental and ancillary use to the restaurant use. A licensee is presumed to be operating as a bona fide eating place if the quarterly gross sales of food prepared and sold to guests on the premises exceeds the gross sales of alcoholic beverages for the same period. The licensee shall at all times maintain records which reflect separately the gross sales of food and the gross sale of alcoholic beverages on the licensed premises. The records shall be kept no less frequently than on a quarterly basis and shall be made available to the City, or its designee, upon demand. A full menu shall be available for order during all hours that alcohol is served. The premises where the licensee operates must possess a full restaurant kitchen facility containing conveniences for cooking such as a working refrigerator and cooking devices. The premises must offer sit down meal service and food menus. "Meals" means the usual assortment of food commonly ordered at various hours of the day. The service of only sandwiches or salads is not considered compliance with the requirement to provide meals. The premises must comply with all regulations of the health department. 13. Food Service. The bona fide public eating place shall serve a full menu at all hours that alcohol is served. 14. Statement of Operations. The applicant shall comply with their Statement of Operations dated July 11, 2019, 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. 15. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 16. City Review and Modification of CUR. 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. 17. Posting of Local Transportation Providers. 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 at (951) 676-5090. 18. Property Maintenance. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities, and on -site lighting shall be maintained by the property owner or maintenance association. 19. Termination of Alcohol Sales. The last call indicating the termination of the sale of alcohol shall be no less than one half (1/2) hour prior to closing for all nights of operation. POLICE DEPARTMENT General Requirements 20. Type 23 License. Type 23 License. Small beer Manufacturer (Brew -Pub or Micro -Brewery) Authorizes the same privileges and restrictions as a Type 01. A brewpub is typically a very small brewery with a restaurant A micro -brewery is a small -scale brewery operation that typically is dedicated solely to the production of specialty beers, although some do have a restaurant or pub on their manufacturing plant. 21. Type 74 License. Type 74 License. Authorizes the licensee to: Manufacturer up to 100,000 gallons of distilled spirits per fiscal year; Package, rectify, mix, flavor, color, label, and export distilled spirits manufactured by licensee; Only sell its distilled spirits to a licensed wholesaler, manufacturer, winegrowers, manufacturer's agent, or rectifier; Sell up to 2.25 liters of distilled spirits manufactured by the licensee to a consumer attending an instructional tasting; May sell all beers, wines, brandies, or distilled spirits to consumers for consumption on the premises in a bona fide eating place located on the licensed premises; May have upon its licensed premises all beers, wines, and distilled spirits, regardless of source, for sale or service only to guests during private events not open to the general public; Serve a total of one and one-half ounces of distilled spirits per individual per day to be as tastes. 22. 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. 23. Ensure No Alcohol Sold or Consumed by Person Under the Age of 21. The applicant shall ensure that no alcohol is sold to or consumed by any person under the age of 21. 24. 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. 25. 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. 26. Questions Regarding Conditions. Any questions regarding these conditions should be directed to Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. 27. 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). 28. Inspections. 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). 29. 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). 30. 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 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. 31. Loitering. The applicant shall ensure no loitering occurs on or adjacent to its premises during hours of operation. 32. Entertainment Rules. On -sale licensees who offer entertainment must abide by the following rules: (1) No licensee shall permit any person to perform acts of or acts which simulate; (a) sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law; (b) the touching, caressing or fondling on the breast, buttocks, anus or genitals; (c) the displaying of the pubic hair, anus, vulva or genitals; and (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of her or her genitals or anus (Rule 143.3 CCR. Also violates Section 311.6 PC if conduct is `obscene," e.g. intercourse, sodomy, masturbation, etc.)