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HomeMy WebLinkAbout2023-13 PC ResolutionPC RESOLUTION NO.2023-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA23-0134, A PUBLIC CONVENIENCE OR NECESSITY APPLICATION FOR A TYPE 20 (OFF - SALE BEER AND WINE) ALCOHOL LICENSE FOR A NEW SPECIALTY MARKET, KENNEDY'S MEAT COMPANY, LOCATED AT 41269 MARGARITA ROAD, SUITE C-105, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN: 921-830-003) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On March 29, 2023, Matthew Friedrichs filed Planning Application No. PA23- 0134 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 July 19, 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. PA23-0134 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, Development Code Section 17.10.020: A. 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 specialty markets. Per Temecula Municipal Code Section 17.10.020.B.2, the sale of alcoholic beverages at a specialty market is a permitted use when the primary use is permitted by right (Kennedy's Meat Company qualifies as a specialty market, which is a permitted use). B. Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses. The use is compatible with the nature, condition and development of adjacent uses, buildings and structures as the use is located in a developed commercial center containing other retail and restaurant businesses, 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. The proposed use will not adversely affect the adjacent uses, buildings or structures as the surrounding uses are commercial in nature. In addition, the site will remain unaltered, and 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. D. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity. The project is located in a Census Tract which ABC considers "over -concentrated" with off -sale licenses. Per ABC, four off -sale licenses are allowed in this tract, and seven currently exist. Therefore, a Finding of Public Convenience or Necessity is required for the project to be the eighth establishment with an off -sale ABC License within the Census Tract. A license for a project in the census tract for a Type 20 (off -sale beer and wine) would not result in an excessive number of similar establishments as it would be the eighth off -sale license and would allow the applicant to be competitive with similar businesses in the census tract and the City of Temecula. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Public Convenience or Necessity Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (15301, Class 1, Existing Facilities) Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA23-0134, subject to the Final Conditions of Approval set forth on Exhibit A, Statement of Operations and Justification set forth on Exhibit B, and the Plans set forth on Exhibit C, attached hereto, and incorporated herein by this reference. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 19th day of July 2023. n&F, A =0 "T/ / wll W- "UN 019/?-W( ATTEST: Ka�� 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 foregoing PC Resolution No. 2023-13 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 19th day of July 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 Luke Watson Secretary CITY OF TEMECULA CONDITIONS OF APPROVAL ACCEPTANCE Planning Application Number: PA23-0134 Parcel Number(s): 921-830-003 By signing below, I/we have agreed to the following Conditions of Approval, including (but not limited to) any referenced documents, local state, or federal regulations, statement of operations, hours of operation, floor plans, site plans, and Conditions that may require the payment or reimbursement of fees, as described. I/we have read the attached Conditions of Approval and understand them. I/we also understand that violations or non-compliance with these Conditions of Approval, may delay a project, and/or result in the revocation of a permit in accordance with the Temecula Municipal Code. I/we are also responsible for disclosing these Conditions of Approval to any successive owners/operators. I/we agree and commit to the City of Temecula that I/we will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions. Property Owner Printed Name Property Owner Signature & Date Applicant Printed Name Applicant Signature & Date EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA23-0134 Project Description: Kennedy's Meat Company PCN: a Public Convenience or Necessity Application for a Type 20 (off -sale beer and wine) alcohol license for a new specialty market, Kennedy's Meat Company, located at 41269 Margarita Road, Suite C-105. Assessor's Parcel No.: 921-830-003 MSHCP Category: N/A (No New Grading/Square Footage) DIF Category: N/A (No New Square Footage) TUMF Category: N/A (No New Square Footage) Quimby Category: N/A (Not A Residential Project) New Street In -lieu of Fee: N/A (Not Located Within the Uptown Temecula Specific Plan) Approval Date: July 19, 2023 Expiration Date: Not Applicable PLANNING DIVISION Within 48 Hours of the Approval Page 1 of 4 Applicant Filing Notice of Exemption. APPLICANT ACTION 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. 3. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 7 (Temecula Regional Center). Page 2 of 4 4. 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. 5. Signage Permits. A separate building permit shall be required for all signage 6. 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. 7. Graffiti. All graffiti shall be removed within 24 hours from the building, equipment, walls, or other structures. 8. Modifications or Revisions. The developer shall obtain City approval for any modifications or revisions to the approval of this project. 9. Statement of Operations. The applicant shall comply with their Statement of Operations dated May 25, 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. 10. Advertising. The operator shall not advertise alcoholic beverages in any store windows, or in any area on the exterior of the property. 11. Alcohol Beverage Sales Area. Alcoholic beverage sales shall be limited to the three -door refrigerator unit approved on the plans. POLICE DEPARTMENT General Requirements 12. Type 20. Off Sale General - (Package Store) Authorizes the sale of beer, wine and distilled spirits for consumption off the premises where sold, no distilled spirits may be on the premises. Minors are allowed on the premises. 13. 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. 14. 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. 15. 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 3 of 4 16. 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). 17. 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. Temecula Sheriff 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 CORE Team at (951) 694-6480 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. 18. Questions Regarding Conditions. Any questions regarding these conditions should be directed to Temecula Sheriff CORE Team at (951) 694-6480. Page 4 of 4 SECTION C: Statement of Operations Date: 5/25/2023 A detailed description of the proposed business operations: Kennedy's Meat Company is a specialty meat market that serves a wide variety of high - quality meats and other groceries for off -site preparation/consumption. Kennedy's will offer its patrons over 400 different types of meat product options. Hours of Operation: The proposed hours and days of operation will be 7 days of week from 9am to 1 Opm. Number of employees: Kennedy's Meat Company will employ between 10-15 people at its Temecula location. Proposed private security (if required): No private security is proposed at this time by Kennedy's Meat Company. However, the shopping center has security and they do have an alarm system and a camera system with eight cameras, that monitor the whole store including the front entrance. Estimated number of customers: Kennedy's Meat Company hopes for as many customers as possible but estimates between 100 and 200 customers throughout the day. The gross occupancy load at any one time is 33. Total number of parking spaces: Kennedy's Meat Company is part of the Promenade Temecula Shopping mall sitting on the outskirts of the large parking lots surrounding the promenade. Indicate if food will be served: Only food products for off -site consumption. Products include high quality meats and other groceries for customers to take home and enjoy. Indicate what type of alcohol will be served and what ABC license you are applying for: Yes, Kennedy Meat Company has applied for a Type 20 off -sale beer and wine license for off -site consumption. Their anticipated alcohol sales are less than 5%. Moreover, they will have limited selection of beer/wine as they only have 3 cooler doors. They may have some 12 packs but mostly 6 packs as they have limited space. They will not have pallets of beer sitting on the premises floor like you see at other grocery/liquor stores. Indicate if live entertainment will be provided: No live entertainment proposed. By: Matthew Fri drichs, Esq. Authorized Representative SECTION D: Statement of Justification Date: 5/25/2023 1. Does the proposed establishment have any unique features, which are not found in other similar uses in the community (i.e. types of games, types of food, and other special services)? Yes, Kennedy Meat Company is a specialty meat company that sells a wide -variety of high - quality Certified Angus Beef (CAB), USDA Prime selections, chicken, and pork products including carve asada, pollo asado, angus prime, wagyu and kobe beef, and is also known for its marinades, and dry/wet rubs and other groceries. Kennedy's will offer over 400 different types of meat selections at its market. There are no other specialty meat markets in the Promenade Temecula or the surrounding area serving the quality or variety of meats that Kennedy's will be selling. 2. Does the proposed establishment cater to an under -served population (i.e. patrons of a different socio-economic class)? Born in 1972, the original Kennedy's Market was opened by Jesus Soto in the small town of Heber, CA. Mr. Soto wished to provide the residents of the Imperial Valley with a convenient location to purchase groceries, household goods and gasoline. What began as a small convenience store soon became the focal point of anyone who made their way through the Imperial Valley. Jesus' "convenience store carve" grew in popularity and in no time, people were flocking to Heber to get their hands on Mr. Soto's creation. The Kennedy's Meat Company's family continues to take great pride in providing only the highest quality meats and table fare to their customers. Today, Kennedy's lives on through the family, primarily Jesus' grandson, Mark Soto Mendoza, who owns an Escondido location and this new Temecula location. Currently, in Escondido customers can still purchase the same product that Jesus Soto created nearly 50 years ago! Very soon... residents and visitors of Temecula will be able to as well! Mark Mendoza, is following in the family's footsteps and coming to Temecula. He hopes to carry on his grandfather's legacy which has always been of the utmost importance when opening Kennedy's markets. His grandfather always valued people the most when they walked through the door and he thinks that people that have worked with them or visited them agree, that aside from their favorite place to pick up meat, they've created a family -like atmosphere. Notably and consistent with this approach, Kennedy's made local headlines in Escondido during 2020 when they gave out over 20,000 pounds of steak and jerky amid the COVID-19 pandemic. They look forward to creating this same atmosphere in Temecula. 3. Would the proposed mode of operation of the proposed establishment (i.e. sales in conjunction with gasoline sales, tours, etc.) be unique or differ from that of other establishments in the area? Yes, Kennedy Meat Company is a small specialty meat company that sells wide variety of unique meat products and groceries. Kennedy's will offer over 400 different types of meat selections at its market. There are no other specialty meat market/butchers in the area that provide the wide variety of high -quality meats and groceries that Kennedy's will provide. 4. Are there any geographical boundaries (i.e. rivers, hillsides) or traffic barriers (i.e. freeways, major roads, major intersections) separating the proposed establishment from other establishments? None. 5. Is the proposed establishment located in an area where there is a significant influx of population during certain seasonal periods? Kennedy's Meat Company's location is located in the heart of the Promenade Temecula that serves there large and ever-growing Temecula. Kennedy's will be great stop for residents and tourists visiting the many wineries in the Temecula area. 6. Is there a proliferation of licensed establishments within the Census Tract of the proposed establishment? There are currently 15 off -sale licenses in the same census tract as Kennedy Meat Company but none of them are the specialty meat market that Kennedy's will be. There are no other specialty meat market/butchers in the immediate area that provide the wide variety of high -quality meats that Kennedy's will provide. Only four of the fifteen existing licensees in the census tract might have some of the items that Kennedy's will offer but three are large supermarkets (two of which are national chains), and one is a big warehouse store. Please note that Kennedy's anticipated alcohol sales are less than 5%. 7. Are there any sensitive uses (i.e., schools, parks, hospitals, churches) in close proximity (500 feet) to the proposed establishment? There are no schools, parks, hospitals, or churches within 500 feet of the establishment. Even if there were Kennedy's Meat Company would definitely not interfere with these "sensitive" uses. Kennedy Meat Company will be a great option for families to pick up meats and groceries to make meals at home. 8. Would the proposed establishment interfere with these sensitive uses? There are no schools, parks, hospitals, or churches within 500 feet of the establishment. Even if there were Kennedy's Meat Company would definitely not interfere with these "sensitive" uses. Kennedy Meat Company will be a great option for families to pick up meats and groceries to make meals at home. 9. Would the proposed establishment interfere with the quiet enioyment of their property by the residents of the area? No, Kennedy's Meat Company would definitely not interfere with the quiet enjoyment of any residential properties in the area. Kennedy Meat Company is a small specialty meat market that will not have on -site consumption of alcohol. No entertainment is proposed and they are not proposing late hours. Kennedy's anticipated alcohol sales are less than 5%. 10. Will the proposed establishment add to law enforcement problems in the area? No, Kennedy's Meat Company is a specialty meat market that will be an absolute benefit to the community. In addition, there is no on -site consumption proposed and they are not proposing late hours. Kennedy's anticipated alcohol sales are less than 5%. Moreover, they will have limited selection of beer/wine as they only have 3 cooler doors. They may have some 12 packs but mostly 6 packs as they have limited space. They will not have pallets of beer sitting on the premises floor like you see at other grocery/liquor stores. By: Matthew Friedrichs, Esq. 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