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HomeMy WebLinkAbout07_008 DH Resolution DH RESOLUTION NO. 07-008 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0120, A REQUEST FOR A MINOR CONDITIONAL USE PERMIT TO AUTHORIZE BEER AND WINE TASTING THROUGH THE ISSUANCE OF A TYPE-42 LICENSE (ON-SALE BEER AND WINE- PUBLIC PREMISES), INSIDE BARONS MARKETPLACE LOCATED AT 31939 RANCHO CALIFORNIA ROAD, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF RANCHO CALIFORNIA ROAD AND MEADOWS PARKWAY (APN: 954-030-020) Section 1. Procedural FindinQs. The Planning Director of the City of Temecula does hereby find, determine and declare that: A. On April 16, 2007, Bijan Moossazadeh, Vice President of Sherman, Inc., dba Barons Marketplace filed Planning Application No. PA07-0120, in a manner in accord with the City of Temecula General Plan and Development Code. B. Planning Application No. PA07-0120 was processed including, but not limited to a public notice, in the time and manner prescribed by State and loca/law. C. The Planning Director, at a regular meeting, considered Planning Application No. PA07-0120 on August 9, 2007, 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 Director Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA07-0120 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA07-0120 conformed to the City of Temecula General Plan and Development Code. Section 2. Further FindinQs. The Planning Director, in approving Planning Application No. PA07-0120 hereby makes the following findings as required by Section 17.04.010.E of the Temecula Municipal Code: A. The proposed conditional use is consistent with the General Plan and the Development Code; The project is consistent with the General Plan and zoning (Margarita Village Specific Plan) and underlying Neighborhood Commercial zoning designation as well as the standards within the Development Code. G:\Planning\2007\PA07-0120 Barons Marketplace\Planning\DH RESOLUTlON.doc I B. The proposed minor conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed minor conditional use will not adversely affect the adjacent uses, buildings or structures; The proposed project is compatible with the nature, condition and development of adjacent uses, buildings, and structures because the proposed project will provide additional convenience for the community, and will allow the business at the project site to be competitive with other wine tasting facilities in the vicinity of the project site. 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 this development code and required by the Planning Director in order to integrate the use with other uses in the neighborhood; An existing building at the site adequately provides all improvements including walls, fences, parking and loading facilities, buffer area, landscaping and all other features as required in the Development Code and by the Planning Director in order to integrate the use with other surrounding uses. D. The nature of the proposed minor conditional use is not detrimental t() the health, safety and general welfare of the community; The nature of the proposed use is not detrimental to the health, safety and general welfare to the community because the project will provide an additional convenience to the community, and the site is consistent with the City policies regarding separation of sensitive uses. In addition, the City Police Department has reviewed the proposed project and has issued Conditions for Approval. 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 Planning Director, Planning Commission or City Council on appeal; The project has been reviewed, as a whole, in reference to all applicable codes and ordinances before the Planning Director. Section 3. Environmental FindinQs. The Planning Director 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 1 Existing Facilities); 1 . The project involves no expansion of the existing facilities. The proposed Minor Conditional Use Permit to authorize beer and wine tasting through G:\Planning\2007\PA07-0120 Barons Marketplace\Planning\DH RESOLUTION.doc 2 the issuance of a Type-42 license (on-sale beer and wine-public premises), within an existing building does not require expansion or alteration to the existing facilities. Section 4. Conditions. That the City of Ternecula Director of Planning hereby approves Planning Application No. PA07-0120, a Minor Conditional Use Perrnit to authorize beer and wine tasting through the issuance of a type-42 license (on-sale beer and wine-public premises), inside Barons Marketplace located at 31939 Rancho California Road, subject to the conditions of approval as set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Ternecula Director of Planning this 9th day of August, 2007. 7)e4h jh' ~ )L- Debbie Ubnoske, Director of Planning I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 07-008 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 9th day of August, 2007. , G:\Planning\2007\PA07-0120 Barons Marketplace\Planning\DH RESOLUTION.doc 3 EXHIBIT A FINAL CONDITIONS OF APPROVAL G:\Planning\2007\PA07-0120 Barons Marketplace\Planning\DH RESOLUTION.doc 4 EXHIBIT A CITY OF TEMECULA FINALCONDITIONS OF APPROVAL Planning Application No.: PA07-0120 Project Description: A request for a Minor Conditional Use Permit to authorize beer and wine tasting through the issuance of a Type-42 license (on-sale beer and wine-public premises), inside Barons Marketplace located at 31939 Rancho California Road, generally located at the southeast corner of Rancho California Road and Meadows Parkway Assessor's Parcel No. MSHCP Category: 954-030-020 NIA NIA DIF Category: TUMF Category: NIA Approval Date: August 9, 2007 Expiration Date: August 9, 2009 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT PLANNING DEPARTMENT 1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) 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 Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). G:\Planning\2007\PA07-0120 Barons Marketplace\Planning\Final COAs-CUP.doc 1 GENERAL REQUIREMENTS G:\Planning\2007\PA07-0120 Barons Marketplace\Plannlng\Final COAs-CUP.doc 2 Planning Department 2. The applicant shall sign both copies of the final Conditions of Approval that will be provided by the Planning Department staff and return one signed set to the Planning Department for their files. . 3. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside. annul, or seek monetary damages resuiting, 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 legisiative 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. 4. The applicant shall comply with their Statement of Operations dated April 25, 2007, on file with the Planning Department, unless superseded by these Conditions of Approval. 5. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 6. The City, and its Planning Director. 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 the business, a change in scope, emphasis, size or 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 Planning Director, Planning Commission, and City Council is in addition to, and not in-lieu of, the right of the City, its Planning Director Planning Commission, and City Council to review and 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. 7. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 8. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant 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. 9. If commencement of the use has not occurred within two years of approval of this permit, the permittee may file an application at least 30 days prior to expiration of the conditional use permit, and apply for up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only. G:\Planning\2007\PA07-0120 Barons Marketplace\Planning\Final COAs-CUP.doc 3 10. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.EAD.) training from the Califomia Department of Alcoholic Beverage Control. 11. 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 (telephone number 951-676-5090). 12. A separate building permit shall be required for all signage. 13. All of the fore90ing conditions shall be complied with prior to occupancy or any use allowed by this permit. Building and Safety 14. Any electric, plumbing, framing, ceiling t-bar modification will require plans indicating existing to new with size, type and spacing of all elements. 15. Clear path of travel for all disabilities must be shown. 16. Existing/egress shall be maintained and clearly marked by signature and approved methods by uniform codes. Police Department The following pertains to Officer Safety, Public Safety and Crime Prevention: 17. This establishment currently holds two types of alcohol license issued by Alcoholic Beverage Control. The first license is a Type 21: (Off-Sale General) Authorizes the sale of beer, wine and distilled spirits for consumption off the premises where sold. Minors are allowed on the premises. The second license is a Type 42: (On-Sale Beer and Wine) Authorizes the sale of beer and wine for consumption on or off the premises (Tasting Foom Only) where sold. No distilled spirits may be in the area of the Type 42 licensed area. Minors are not allowed to enter and remain (see Section 25663.5 for exception, musicians) in the area where the Type 42 is licensed. Food service is not required. The following conditions will refer to the use of the Type 42 license only. 18. Applicant will also comply with City Ordinance 97-07, (9.14.010 Temecula Municipal Code series ). 19. Identification will be verified utilizing one of the following: a. A valid California driver's license b. A valid California identification card c. A valid military identification card (active/reserve/retired/dependent) d. A valid driver's license from any of the fifty states or territories of the United States e. A valid U.S. Passport. f. A valid government issued identification card issued by a federal, state, county, or city (municipal) agency G:IPlanning\2007IPA07 -0120 Barons MarketplacelPlanning\Final COAs-CUP.doc 4 20. As noted above, only a valid government issued identification card issued by a federal, state, county or city (municipal) agency is acceptable, providing it complies with the below requirements (25660 Business and Profession Code): a. Name of person b. Date of birth c. Physical description d. Photograph e. Currently valid (not expired) 21. . Applicant will 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. For this reason, the Temecula Police Department has imposed a mandatory training for all employees involved in the service and sales of alcoholic beverages. Employee training must be completed prior to the issuance of the Type 42 license. All alcohol training is provided free of charge by the Temecula Police Department. Contact the Crime Prevention and Plans Unit at 951 695-2773 to schedule a training session. 22. Miscellaneous: a. After Hours: Licensees may not sell, give, or deliver alcohol (by the drink or 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 than the law. Those licenses are marked "Conditional." (Section 23805 B&P code). b. Authority of Peace Officers/Refusing Inspection: 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). c. 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 premises include the parking lot (Section 25601 B&P; 316 PC). G:\Planning\2007\PA07.0120 Barons Marketplace\Planning\Final COAs-CUP.doc 5 d. Law Enforcement Problem: Licensees may not permit their licensed premises to be a problem for the local law enforcement agency by needing an undue number of calls for service. The licensed premise includes the parking lot (Section 24200(a) B&P). e. Substitution of Brands: No person may substitute types or brands of alcohol without first informing the purchaser (Section 25609 B&P code). f. No minors can be employed during business hours on the portion of any premises which is primarily designed and used for the sale and service of alcoholic beverages for consumption on the premises. There are exceptions, under limited circumstances, with respect to musicians. Sections 25663(a) and 25667 B&P By placing my signature below, I confirm that I have read, I understand and I accept all the above- mentioned Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date Applicant's Printed Name G:\Planning\2007\PA07-0120 Barons Marketplace\Planning\Final COAs-CUP.doc 6