HomeMy WebLinkAbout2023-07 PC ResolutionPC RESOLUTION NO.2023-07
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA23-0071, A CONDITIONAL USE
PERMIT FOR A TYPE 20 ABC LICENSE FOR OFF -SALE
BEER AND WINE AT A PREVIOUSLY APPROVED
GASOLINE SERVICE STATION AND CONVENIENCE
STORE LOCATED AT 41480 SANBORN AVENUE AND
MAKING A FINDING OF EXEMPTION UNDER SECTION
15061(B)(3) OF 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 16, 2023, Alfred Daher filed Planning Application Nos. PA23-0071 a
Conditional Use Permit for a Type 20 ABC license for off -sale beer and wine. On April 4, 2023,
Alfred Daher filed Planning Application No. PA23-0150 a Finding of Public Convenience and
Necessity. These applications (collectively "project"), were filed 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 proposed project
and environmental review on May 3, 2023, 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. PA23-0071,
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;
Automotive service stations selling beer andlor wine, as conditioned, is an allowable use
within the Uptown Temecula Specific Plan. Therefore, the use will be consistent with the
General Plan for Temecula as well as the requirements for State law and other Ordinances
of the City.
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 ABC license is associated with a previously approved but not constructed automobile
service station. 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 a Type 20 ABC License (Off Sale Beer & Wine) at a
previously approved automobile service station. The site will remain unchanged in size
and shape to accommodate the use prescribed in the Development Code and Uptown
Temecula Specific Plan as 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;
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.
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. 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.
Section 4. Environmental Findings. The Planning Commission hereby makes the
following environmental findings and determinations in connection with the approval of the
Development Plan:
A. In accordance with the California Environmental Quality Act, the proposed project
has been deemed to be categorically exempt from further environmental review pursuant to Section
15061(b)(3) as there is no possibility the proposed project would have a significant impact on the
environment.
Section 5. Conditions. The Planning Commission of the City of Temecula approves
Planning Application No. PA23-0071, a Conditional Use Permit for a Type 20 ABC License for
off -sale beer and wine located at 41480 Sanborn Avenue, subject to the Final Conditions of
Approval set forth on Exhibit A, Plan Reductions set forth on Exhibit B, and the Statement of
Operations set forth on Exhibit C, attached hereto, and incorporated herein by this reference.
Section 6. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Commission this 3rd day of May, 2023.
Lanae T y-Tr4Cr
ATTES
Luke 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. 2023-07 was duly and regularly adopted by the Planning Commission of
the City of Temecula at a regular meeting thereof held on the 3rd day of May, 2023, by the following
vote:
AYES: 4 PLANNING COMMISSIONERS: Hagel, Solis, Turley-Trejo-Watts
NOES: 0 PLANNING COMMISSIONERS: None
ABSTAIN: 0 PLANNING COMMISSIONERS: None
ABSENT: 1 PLANNING COMMISSIONERS: Ruiz --- k /)
IF F Luke Watson
Secretary
EXHIBIT A
EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA23-0071
Project Description: A Conditional Use Permit for a Type 20 ABC License for off -sale beer and
wine at a gasoline service station and convenience store, located at 41480
Sanborn Avenue.
Assessor's Parcel No.: 910-272-008
MSHCP Category: N/A (No New Square Footage/Grading)
DIF Category: N/A (No New Square Footage)
TUMF Category: N/A (No New Square Footage)
Quimby Category: N/A (Non -Residential)
New Street In -lieu of Fee: N/A (No New Square Footage)
Approval Date: May 3, 2023
Expiration Date: May 3, 2025
PLANNING DIVISION
Within 48 Hours of the Approval
Page 1 of 5
Applicant Filing Notice of Exemption.
APPLICANTACTION REQUIRED:
The applicant/developer is responsible for filing the Notice of Exemption as required under
Public Resources Code Section 21152 and California Code of Regulations Section 15062
within 48 hours of the project approval. If within said 48-hour period the applicant/ developer
has not filed the Notice of Exemption as required above, the approval for the project granted
shall be void due to failure of this condition. Failure to submit the Notice of Exemption will
result in an extended period of time for legal challenges.
FEES:
Fees for the Notice of Exemption include the Fifty Dollar County ($50.00) administrative fee.
The County of Riverside charges additional fees for credit card transactions.
FILING:
The City shall provide the applicant with a Notice of Exemption within 24 hours of approval via
email. If the applicant/developer has not received the Notice of Exemption within 24 hours of
approval, they shall contact the case Planner immediately. All CEQA documents must be filed
online with the Riverside County Assessor — County Clerk- Recorder. A direct link to the CEQA
filings page is available at TemeculaCA.gov/CEQA.
COPY OF FILINGS:
The applicant shall provide the City with a digital copy of the required filings within 48 hours.
General Requirements
2. Indemnification of the City. Indemnity, Duty to Defend and Obligation to Pay Judgments and
Defense Costs, Including Attorneys' Fees, Incurred by the City. The Applicant shall defend,
indemnify, and hold harmless the City, its elected officials, officers, employees, volunteers,
agents, and those City agents serving as independent contractors in the role of City officials
(collectively "Indemnitees") from and against any claims, damages, actions, causes of actions,
lawsuits, suits, proceedings, losses, judgments, costs, and expenses (including, without
limitation, attorneys' fees or court costs) in any manner arising out of or incident to the
Planning Commission's actions, this approval and the City Council's actions, related
entitlements, or the City's environmental review thereof. The Applicant shall pay and satisfy
any judgment, award or decree that may be rendered against City or the other Indemnitees in
any such suit, action, or other legal proceeding. The City shall promptly notify the Applicant of
any claim, action, or proceeding and the City shall reasonably cooperate in the defense. If the
City fails to promptly notify the Applicant of any claim, action, or proceeding, or if the City fails
to reasonably cooperate in the defense, the Applicant shall not thereafter be responsible to
defend, indemnify, or hold harmless the City or the Indemnitees. The City shall have the right
to select counsel of its choice. The Applicant shall reimburse the City, and the other
Indemnitees, for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Nothing in this condition shall be
construed to require the Applicant to indemnify Indemnitees for any claim arising from the sole
negligence or willful misconduct of the Indemnitees. In the event such a legal action is filed
challenging the City's determinations herein or the issuance of the approval, the City shall
estimate its expenses for the litigation. The Applicant shall deposit said amount with the City
or, at the discretion of the City, enter into an agreement with the City to pay such expenses as
they become due.
Page 2 of 5
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.
A modification made to an approved development plan does not affect the original approval
date of a development plan.
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 to three extensions of
time, one year at a time.
A modification made to an approved development plan does not affect the original approval
date of a development plan.
5. 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.
6. Signage Permits. A separate building permit shall be required for all signage.
7. Modifications or Revisions. The developer shall obtain City approval for any modifications or
revisions to the approval of this project.
8. Statement of Operations. The applicant shall comply with their Statement of Operations dated
February 13, 2023, 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.
9. Previous Conditions of Approval. All previous Conditions of Approval from PA21-0075 and
PA21-0076 shall remain in full effect unless superseded herein.
10. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section
17.03.080 of the City's Development Code.
11. 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.
Page 3 of 5
12. Business Conditions. The applicant shall comply with Section 17.10.020 of the Temecula
Municipal Code as it may be amended from time to time:
i. No beer or wine shall be displayed within five feet of the cash register or building
entrance.
ii. No sale of alcoholic beverages shall be made from a drive -up window.
iii. No display or sale of beer or wine shall be made from an ice tub or similar device or
unit.
iv. No beer or wine advertising shall be located on motor fuel islands.
v. No beer or wine advertising shall be located on the building, windows, doors, or on
freestanding signage.
vi. No self -illuminated advertising for beer or wine shall be located on buildings or
freestanding signage.
vii. Only employees on duty between the hours of ten p.m. and two a.m. who are at least
twenty-one years of age may sell alcoholic beverages.
viii. Distilled spirits and pre -mixed spirit cocktails are prohibited.
13. Compliance with State Laws and Labor Code. The permittee shall comply with all applicable
state laws, including the California Labor Code.
POLICE DEPARTMENT
General Requirements
14. Type 20 License. OFF SALE GENERAL - (Package Store) Authorizes the sale of beer and
wine for consumption off the premises where sold, no distilled spirits may be on the premises.
Minors are allowed on the premises.
15. 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.
16. 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.
17. 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.
Page 4 of 5
18. 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).
19. 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).
20. 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).
21. 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.
22. 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.
Page 5 of 5
EXHIBIT B
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EXHIBIT C
Section C: Statement of Operations
February 13, 2023
76 Gas Station Convenience Store
41480 Sanborn Ave. Temecula CA 92590
PROPOSED BUSINESS OPERATIONS:
The Convenience store with motor fuel dispensing will operate on a 24-hours per day, 7 days per week period.
It will offer the sale of pre -packaged food products, hot and cold grab & go food/beverages, household items,
tobacco products, newspapers, magazines, in-store ATM, and lottery machine. Below are additional
information pertaining to the Convenience store.
Store Hours of Operation: 24 hours daily, 7 days a week
Beer/Wine Sales Hours: 6:00 a.m. to 2:00 a.m. daily
Employees: Minimum of 2 employees on site at all times.
During peak hours there will be 5 employees.
Overall Store Size: Approximately 3,350 square feet
Store Sales Floor Area: 1,667 square feet
Beer & Wine Display Area: 174 square feet (10% of Sales Floor Area)
Number of Parking Spaces: 32 spaces
CITY OF TEMECULA
PLANNING DEPARTMENT
CONDITIONALLY
APPROVED
SUBJECT TO THE FINDINGS AND
CONDITIONS OF APPROVAL, AS APPROVED.
MODIFICATIONS REQUIRE CITY APPROVAL.
Scott Cooper
5/3/2023
SECURITY MEASURES:
• Policy signs will be posted on premises: "No Open Containers", "No Consumption of Alcoholic Beverage
on the Premises" and "No Loitering".
• No exterior advertising or window signs will advertise beer or wine products;
• No beer and wine advertisement located on the motor fuel island.
• No beer and wine will be displayed at the cash register or the front door or within ice tubes.
• No fortified wines or malt liquor will be sold.
• Employees on duty between 10:00pm and 2:00 am who sell beer/wine will be at least 21 years of age.
• Store will have 12 surveillance cameras inside the store and 4 outside the store.
• Surveillance video is stored for at least 30 days and be made available to law enforcement upon request.
• Cooler doors containing beer will be locked from 2:00 a.m. to 6:00 a.m. daily.
• All persons that appear younger than 30 years old must provide ID in order to purchase alcohol.
• Point of sale system requires cashier to scan the ID to validate age. No alcohol will be sold if customer is
a minor.
EMPLOYEE TRAINING:
• Employees engaged in sale of beer/wine will complete responsible beverage service (RBS) training class
that is approved by ABC.
• RBS Training includes looking for signs of intoxication, proper identification checking, procedures for
dealing with various situations as well as general behavior observance training.
PA23-0071 and PA23-0150, CUP and PCN