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HomeMy WebLinkAbout041509 PC Agenda CITY OF TEMECULA NOTICE OF CANCELLATION OF MEETING OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA NOTICE IS HEREBY GIVEN, that an adjourned regular meeting of the Planning Commission of the City of Temecula, California scheduled for April 15, 2009 at 6:00_p.m., is cancelled due to lack of a quorum. The Planning Commission of the City of Temecula hereby declares the meeting is adjourned to the next regularly scheduled meeting on May 6, 2009 at 6:00 p.m., in the Council Chambers at 43200 Business Park Drive, Temecula, California 92590. Dated: April 14, 2009 40,0 Susan . Jones, MMC erk CADocuments and Settings\susan.jones\Local Settings\Temporary Internet Files\OLK24\041509 cancelled.doc 1 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II]. AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE APRIL 15, 2009 - 6:00 PM Next in Order: Resolution: 2009-07 CALL TO ORDER: Flag Salute: Commissioner Guerriero Roll Call: Carey, Chiniaeff, Guerriero, Harter, and Telesio PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Commission on items that are not listed on the Agenda. Speakers are limited to three minutes each. If you desire to speak to the Commission about an item not on the Agenda, a salmon colored "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary prior to the Commission addressing that item. There is a three-minute time limit for individual speakers. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action.. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of March 18, 2009 PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee. 2 Long Range Planning Project Number LR09-0007, an Ordinance to amend the Temecula Municipal Code to allow the safe, effective and efficient use of small wind energy conversion systems installed within commercial and residential zoning districts to reduce on site consumption of utility supplied electricity (reauested by Mayor Edwards). Dale West RECOMMENDATION: 2.1 Adopt a resolution entitled: PC RESOLUTION 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE ESTABLISHING CITYWIDE STANDARDS FOR SMALL WIND ENERGY CONVERSION SYSTEMS IN VARIOUS ZONING DISTRICTS WITHIN THE CITY OF TEMECULA" (LONG RANGE PLANNING PROJECT NO. LR09-0007) 3 Planning Application Numbers PA08-0276 and PA08-0220, a Minor Conditional Use Permit to authorize The Painted Garden to have live entertainment, garden parties, and a Type-42 ABC license for on-sale beer and wine-public premises, and a Finding of Public Convenience or Necessity for the ABC license, located at 28657 Old Town Front Street, Katie Innes RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NOS. PA08-0276 AND PA08-0220, A MINOR CONDITIONAL USE PERMIT TO AUTHORIZE A TYPE42 ABC LICENSE TO ALLOW FOR THE CONSUMPTION OF BEER AND WINE ON THE PREMISES, TO ALLOW FOR PRIVATE GARDEN PARTIES AND LIVE MUSICAL ENTERTAINMENT AND A FINDING OF PUBLIC CONVENIENCE OR NECESSITY FOR THE TYPE-42 ABC LICENSE LOCATED AT 28657 OLD TOWN FRONT STREET (APN 922-045-025) REPORTS FROM COMMISSIONERS REPORTS FROM PLANNING DIRECTOR ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, May 6, 2009, 6:00 PM City Council Chambers, 43200 Business Park Drive, Temecula, California. NOTICE TO THE PUBLIC - The agenda packet (including staff reports) will be available for viewing at City Hall's Planning Department Public Counter located at 43200 Business Park Drive and at the Temecula Library located at 30600 Pauba Road during normal business hours. Additionally, any supplemental material distributed to a majority of the Commissioners regarding any item on the Agenda, after the posting of the Agenda, will be available for public review at the locations indicated above. The packet will be available for viewing the Friday before the Planning Commission meeting after 4:00 p.m. You may also access the packet the Friday before the meeting after 4:00 p.m. on the City's website at www.citVoftemecula.org. ITEM 1 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE MARCH 18, 2009 - 6:00 PM Next in Order: Resolution: 2009-05 CALL TO ORDER: Flag Salute: Commissioner Chiniaeff Roll Call: Carey, Chiniaeff, Guerriero, Harter, and Telesio CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approved the Minutes of March 4, 2009 APPROVED 5-0, MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER CAREY; VOICE VOTE REFLECTED UNANIMOUS APPROVAL 2 Director's Hearing Summary Report RECOMMENDATION: 2.1 Receive and File the Director's Hearing Summary APPROVED 5-0, MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER TELESIO; VOICE VOTE REFLECTED UNANIMOUS APPROVAL PUBLIC HEARING ITEMS 3 Planning Application No. PA08-0286, the second Extension of Time application for the Starworld Center with no proposed changes, located at 28865 Old Town Front Street, Eric Jones APPROVED 5-0, MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER CAREY; VOICE VOTE REFLECTED UNANIMOUS APPROVAL RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION NO. 09-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0286, THE SECOND EXTENSION OF TIME FOR A DEVELOPMENT PLAN AND MINOR EXCEPTION FOR A 15,333 SQUARE FOOT COMMERCIAL BUILDING ON 1.4 1 ACRES GENERALLY LOCATED APPROXIMATELY 1,000 FEET SOUTH OF SANTIAGO ROAD AT 28865 OLD TOWN FRONT STREET (APN: 922-100-023) 4 Planning Application Number LR08-0046, an Ordinance adding Chapter 12.12 to the Temecula Municipal Code entitled Parades and Special Events on public property, Christine Damko APPROVED 3-2, MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER HARTER; DENIED BY COMMISSIONERS CAREY AND CHINIAEFF, VOICE VOTE REFLECTED APPROVAL RECOMMENDATION: 4.1 Adopt a resolution entitled: PC RESOLUTION NO. 09-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 12.12 TO THE TEMECULA MUNICIPAL CODE ENTITLED PARADES AND SPECIAL EVENTS ON PUBLIC PROPERTY AND AMENDING SECTION 17.04.020 A. OF THE TEMECULA MUNICIPAL CODE PROVIDING THAT CHAPTER 17.04 APPLIES TO TEMPORARY USES AND SPECIAL EVENTS ON PRIVATE PROPERTY (LONG RANGE PLANNING PROJECT NUMBER LR08-0046) REPORTS FROM COMMISSIONERS REPORTS FROM PLANNING DIRECTOR ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, April 15, 2009, 6:00 PM City Council Chambers, 43200 Business Park Drive, Temecula, California. Stanley Harter Chairman Patrick Richardson City Planner 2 ITEM 2 STAFF REPORT- PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: April 15, 2009 PREPARED BY: Dale West, Case Planner APPLICANT NAME: City of Temecula PROJECT Long Range Planning Project No. LR09-0007, an Ordinance to SUMMARY: allow wind energy conversion systems within various zoning districts in the City of Temecula CEQA: Negative Declaration per Article 6 of Title 14 of the California Code of Regulations RECOMMENDATION: City Council approval of Ordinance BACKGROUND SUMMARY At the request of Mayor Edwards, staff is proposing an Ordinance to allow small wind energy conversion systems within the City of Temecula. In preparing the proposed Ordinance, staff reviewed the State of California Government Code Section 65892.13 et seq. for small wind energy systems, which was enacted in 2002 but since repealed by its own terms in 2006. Staff also reviewed Ordinances from the Counties of Riverside and Santa Cruz, and the Cities of Murrieta, Crescent City, and Rohnert Park. Additionally, staff referred to the "Permitting Small Wind Turbines: A Handbook," which was prepared by the American Wind Energy Association through a grant from the California Energy Commission. Wind energy conversion systems convert wind energy to electrical energy. Large or commercial wind energy conversion systems are often used for commercial wind farms that generate hundreds of megawatts; whereas, small wind energy conversion systems are used for non- commercial applications and typically generate between 400 watts and 100 kilowatts, which can offset a portion of the energy needs of a home or business. The use of small wind energy conversion systems is encouraged by the California Government Code, Section 65892.13(a)(2) which states: "Wind energy is an abundant, renewable and nonpolluting energy resource. When converted to electricity, it reduces our dependence on nonrenewable energy resources and reduces air and water pollution that result from conventional sources. Distributing small wind energy systems also enhances the reliability and power quality of the power grid, reduces peak power demands, increases in-state electricity generation, diversifies the State's energy supply portfolio and makes the electricity supply market more competitive by promoting consumer choice." Wind energy conversion systems typically require wind speeds in excess of ten miles per hour; however, newer technologies are producing systems that may require wind speeds less than ten miles per hour to generate electricity. According to the California Wind Sources map from the California Energy Commission, the Temecula area is not shown as having significant sources of wind to support wind energy conversion systems; however, this map is based on historical weather data sources, which do not account for micro climate conditions within the Temecula area that may support the use of a small wind energy conversion system. It will be incumbent upon persons intending to utilize a wind energy conversion system to verify that there is sufficient sustainable wind to ensure viability of the system. Allowing small wind energy conversion systems within the City is a quality of life issue for Temecula residents; however, there are currently no standards in place to regulate them. Establishing standards, which allow small wind energy conversion systems to be used within the City of Temecula, will enable interested persons to reduce their dependency on utility provided electricity, to reduce their monthly electricity bills, to reduce green house gas emissions which cause air pollution, and to support a renewable non-polluting energy source. ANALYSIS Based on the review of the Ordinances listed above, most jurisdictions limit the location of small wind conversion systems to a minimum lot size, typically beginning with one acre minimums. Staff first approached developing similar standards based on a minimum lot size, but detmined this could limit siting a wind energy conversion system in a location where it may be appropriate, due to the minimum lot size threshold. With the intent to encourage new emerging technologies and promoting non-polluting renewable energy, staff reevaluated this approach, and is proposing two sets of standards based on the zoning designations as follows. Approval For small wind energy conversion systems proposed within the typically larger lot zoning designations of Hillside Residential (HR), Rural Residential (RR), Very Low Density Residential (VL), Service Commercial (SC), Professional Office (PO), Business Park (BP), Light Industrial (LI), Public Institutional (PI), Open Space (OS), and Parks and Recreation (PR) Zoning Districts, an Administrative Development Plan will be required. For small wind energy conversion systems proposed within the typically smaller lot zoning designations of Low Density Residential (L-1), Low Density Residential (L-2), Low Medium Density Residential (LM), Medium Density Residential (M), High Density Residential (H), Neighborhood Commercial (NC), Highway Tourist Commercial (HT), and Community Commercial (CC) Zoning Districts, a Conditional Use Permit will be required. In either case property owners within 300 feet of the site will be notified of the proposed wind energy conversion system. Location Although small wind energy conversion systems are allowed within the above mentioned Zoning Districts, the proposed Ordinance restricts the location of small wind energy conversion systems from areas where the systems would block public views from a scenic highway corridor or scenic viewshed as identified by the Community Design Element of the City's General Plan, from open space conservation or sensitive habitat areas, from utility, drainage or other established easements, on slopes that are greater than 20 percent, within 25 feet from the top of a ridgeline, or within 25 feet of the canopy of a protected tree as defined by the City's proposed Heritage Tree Ordinance. 2 Aesthetics The proposed Ordinance requires that small wind energy conversion systems be designed and sited to minimize the visual impacts to the surrounding area. This will be accomplished through requiring that the finished color of the systems be muted or blend with the surrounding area, as well as being architecturally compatible. This means that wind energy conversion systems within the L-1, L-2, LM, M, H, CC, NC, and HT Zoning Districts will be required to be attached to the primary structure, second dwelling unit, or garage. Wind energy conversion systems within the HR, RR, VL, SC, PO, BP, LI, OP, and PR Zoning District, may be attached to the primary structure, second dwelling unit, or garage, or may be a freestanding system attached to a mono pole or tower structure. Height Limit The proposed height restrictions vary depending on zoning designation. For the L-1, L-2, LM, M, H, CC, NC, and HT Zoning Districts, the maximum height of a wind energy conversion system is limited to the maximum building height of the zoning district in which the system is located. For the HR, RR, VL, SC, PO, BP, LI, OR and PR Zoning Districts, the maximum height of a wind energy conversion system is limited to 60 feet. Noise Limit The different types and styles of wind turbines can provide varying noise levels. The most common small wind energy conversion system is a wind turbine with rotating blades that may emit noise from two sources including the gear box and the rotating blades. The noise level for these types of systems is generally around 55 dBA, which would be similar to an air conditioner or pool equipment. The noise level can increase with wind speeds; however, with increased wind speeds, the ambient background noise also increases, which may partially mask the noise level generated by the wind turbine. For systems within or adjacent to residential zoning districts, the Ordinance limits the maximum noise level to 60 dBA at the property line, which is 5 dBA lower than what the City's General Plan allows. For systems within other zoning districts, the Ordinance limits the maximum noise level to the outdoor noise levels as required by the City's General Plan, which ranges from 65 - 70 dBA depending on the type of use. Setback Requirement The proposed setback requirements for systems within the L-1, L-2, LM, M, H, CC, NC, and HT Zoning Districts is five feet from the side and rear yards. For systems within the HR, RR, VL, SC, PO, BP, LI, OP, and PR Zoning Districts, the setback is also five feet, except when a system is located on a property that is adjacent to a residential property, then the setback is a minimum of 25 feet. Additional Standards and Information Additional details regarding proposed standards for types of allowable turbines, access to systems, brake controls, signs, lighting, and maintenance are not discussed within this staff report, but are provided within the attached draft Ordinance. 3 Enerav Credits Southern California Edison customers who produce energy through solar or wind can participate in the Net Metering Energy Program. Through this program, customers with solar or wind generating systems that are connected to the grid, can receive credit for the "net" difference between the amount of electricity produced and the amount of electricity consume during each billing period. At the end of each billing period, a customer may receive a credit for any energy generated that is in excess of the energy consumed. Rebates The California Energy Commission administers the Emerging Renewable Program which provides rebates for qualifying wind and fuel cell systems. Rebate funds are available on a first come, first serve basis for systems of 50 kilowatts or less. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on March 24, 2009. ENVIRONMENTAL DETERMINATION Staff has reviewed the project in accordance with the California Environmental Quality Act (CEQA) and, based on an initial study, has determined the project will not have a significant impact on the environment; therefore, a Negative Declaration has been prepared for the project pursuant to Article 6 of Title 14 of the California Code of Regulations. ATTACHMENTS PC Resolution Exhibit A - Draft Ordinance Initial Study Notice of Public Hearing 4 PC RESOLUTION NO.09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ESTABLISH CITYWIDE STANDARDS FOR SMALL WIND ENERGY CONVERSION SYSTEMS IN VARIOUS ZONING DISTRICTS WITHIN THE CITY OF TEMECULA99 (LONG RANGE PLANNING PROJECT NO. LR09-0007) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On April 15, 2009 the Planning Commission identified a need to amend the adopted Municipal Code to add standards to the Temecula Municipal Code to allow small wind energy conversion systems (Long Range Planning Project No. LR09-0007). B. The Ordinance 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 Ordinance and environmental review on April 15, 2009, 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 Commission hearing and after due consideration of the testimony, the Commission recommended that the City Council approve Long Range Planning Project No. LR09-007 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending the City Council adopt an Ordinance, hereby finds, determines and declares that: A. The proposed Ordinance is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The proposed Small Wind Energy Conversion System Ordinance conforms to the City of Temecula General Plan in that the criteria for establishing the need for standards to allow small wind energy conversion systems within the City of Temecula is identified in Policy 2.1 and Policy 2.2 of the General Plan Noise Element, Policy 2.5 of the General Plan Community Design Element, Policy 4.3, Policy 5. 1, and Policy 9.1 of the General Plan Open Space/Conservation Element, Policy 5.1 and Policy 8.3 of the General Plan Land Use Element, and Policy 9.3 of the General Plan Growth Management(Public Facilities Element. B. The proposed Ordinance is consistent with the Municipal Code and Development Code for the City of Temecula; The proposed Small Wind Energy Conversion Systems Ordinance has been designed to be internally consistent with the Municipal Code and the Development Code. Section 3. Environmental Compliance. In accordance with the California Environmental Quality Act, the proposed Ordinance No. 09- (Ordinance regulating Small Wind Energy Conversion Systems) is subject to the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations. City staff prepared an Initial Study of the potential environmental effects of the approval of the proposed Municipal Code amendment as described in the Initial Study. Based upon the findings contained in that Study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Negative Declaration was prepared. The Planning Commission, therefore, recommends that the City Council of the City of Temecula adopt a Negative Declaration for the proposed Ordinance. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council approve Long Range Planning Project No. LR09-0407, a proposed Citywide Ordinance as 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 15th day of April 2009. Stanley Harter, Chairman ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA } COUNTY OF RIVERSIDE }ss CITY OF TEMECULA } I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 09- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 14th day of April 2009, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary ORDINANCE NO. 09- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ESTABLISH CITYWIDE STANDARDS FOR SMALL WIND ENERGY CONVERSION SYSTEMS IN VARIOUS ZONING DISTRICTS WITHIN THE CITY OF TEMECULA THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. The Planning Commission of the City of Temecula held a duly noticed public hearing on April 15, 2009 to consider the proposed changes to the Temecula Municipal Code, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter. B. Fallowing consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 09-_, recommending that the City Council approve an amendment to Title 17 of the Temecula Municipal Code to allow for small wind energy conversion systems. Section 2. Environmental Findings. The City Council hereby makes the following environmental findings and determinations in connection with the approval of this Ordinance: A. Pursuant to the California Environmental Quality Act (CEQA), City staff prepared an Initial Study of the potential environmental effects of the approval of the proposed Municipal Code amendment as described in the Initial Study. Based upon the findings contained in that Study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration as required by law. The public comment period commenced on March 24, 2009 and expired on April 13, 2009. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 43200 Business Park Drive. Temecula. California 92590. C. The City Council has reviewed the Negative Declaration and all comments received regarding the Negative Declaration prior to and at the May 12, 2009 public hearing, and based on the whole record before it, finds that: (1) the Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Negative Declaration reflects the independent judgment and analysis of the City Council. D. Based on the findings set forth in this Resolution, the City Council hereby adopts the Negative Declaration prepared for the Project. The Director of Planning is authorized and directed to file a Notice of Determination in accordance with CEQA. Section 3. Section 17.05.020.B is hereby amended to read as follows: "When Required. Administrative review is permitted for applications for minor exceptions, temporary uses, secondary dwelling units, small wind energy conversion systems, and for minor modifications to approved development plans and conditional use permits that were previously approved pursuant to Chapter 17.05." Section 4. Table 17.06.030 is hereby amended by adding the following: Table 17.06.030 Residential Districts Description of Use HR RR VL L-1 L-2 LM M H Non-Residential Small Wind Energy Conversion Systems 6 P P P C C C C C Notes: 6. Subject to the supplemental development standards contained in Chapter 17.10. Section 5. Table 17.08.030 is hereby amended by adding the following: Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI S Small Wind Energy Conversion Systems' C C C P P P P Notes: 1. Subject to the supplemental development standards contained in Chapter 17.10. Section 6. Table 17.12.030 is herby amended by adding the following- 2 Table 17.12.030 Schedule of Permitted Uses - Public/institutional Districts Description of Use Public/institutional District (PI) S Small Wind Energy Conversion System2 P Notes: 2. Subject to the supplemental development standards contained in Chapter 17.10. Section 7. Table 17.14.030 is herby amended by adding the following: Table 17.14.030 Schedule of Permitted Uses - Open Space Schedule of Uses PR OS OS-C Small Wind Energy Conversion Systems2 P P - Notes: 2. Subject to the supplemental development standards contained in Chapter 17.10. Section 8. Subsection 17.10.020.R entitled Small Wind Energy Conversion System is herby added to Chapter 17.10 of the Temecula Municipal Code to read as follows: "R. Small Wind Energy Conversion System 1. Definition. Small wind energy conversion systems means a wind energy conversion system consisting of a wind turbine, tower, blades, associated controls and conversion electronics, which has a rated output capacity that does not exceed 30 kilowatts, and which will be used to reduce on-site consumption of utility provided power. 2. Use. A small wind energy conversion system shall be used exclusively to supply electrical power for on-site consumption. When a parcel on which a small wind energy conversion system is installed also receives electrical power supplied by a utility company, excess electrical power generated by the small wind energy conversion system may be used by the utility company in exchange for a reduction in the cost of electrical power supplied, as long as no net revenue is produced by such excess electrical power. 3. Approval. Small wind energy conversion systems shall be reviewed as follows: a. Small wind energy conversion systems within the Hillside Residential (HR), Rural Residential (RR), Very Low Density 3 Residential (VL), Service Commercial (SC), Professional Office (PO), Business Park (BP), Light Industrial (LI), Public Institutional (PI), Open Space (OS), and Parks and Recreation (PR), shall be reviewed through the administrative approval process, pursuant to Section 17.05.010 of the Temecula Municipal Code. b. Small wind energy conversion systems within the Low Density Residential (L-1), Low Density Residential (L-2), Low Medium Density Residential (LM), Medium Density Residential (M), High Density Residential (H), Neighborhood Commercial (NC), Highway Tourist Commercial (HT), and Community Commercial (CC) zoning districts, shall require a Conditional Use Permit and shall be reviewed by the Planning Director, pursuant to Section 17.04.010 of the Temecula Municipal Code. 4. Application Requirements. All applications for small wind energy conversion system shall require a building permit in accordance with the requirements of the Building and Safety Department, and shall require the following information: a. A site plan in accordance with the requirements outlined in the application for small wind energy conversion system. b. Drawings to scale and an engineering analysis of the entire system, including, but not limited to, the turbine, blades, tower, or mounting system, footings, and guy wires, shall be in compliance with the Uniform Building Code (UBC), and shall be certified by a California- licensed professional mechanical, structural, or civil engineer. The analysis shall demonstrate that the system is designed to meet the most stringent wind requirements (UBC wind exposure D), the requirements for the worst seismic class (UBC Seismic 4), and the weakest soil class, with soil strength of not more than one thousand pounds per square foot. C. A line drawing of the electrical components connecting to the turbine in sufficient detail to allow for a determination that the manner of installation conforms to the 2007 California Electric Code. d. Information demonstrating that the system will be used primarily to reduce on-site consumption of electricity. e. Documentation that the provider of electric utility service to the site has been informed of the applicant's intent to install an interconnected customer-owned electricity generator, unless the applicant intends, and so states in the application, that system will not be connected to the electricity grid. f. Documentation that the proposed height of the wind turbine tower does not exceed the height recommended by the manufacturer or distributor of the system. 4 g. Documentation that noise generated by the small wind energy conversion systems does not exceed noise levels at property lines as specified in this ordinance. h. Manufacturers' specifications including: type, size, rated power output, rotor material, performance, safety, and noise characteristics. i. Documentation that the proposed system has a manufacturers' warranty with at least five (5) years remaining from the date the application is filed. j. Documentation that the proposed system has a record of as least one (1) year of reliable operation at a site with average wind speeds of at least ten miles per hour. k. Information that the system complies with all applicable Federal Aviation Administration (FAA) requirements, including subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports, and the State Aeronautics Act (Part I [commencing with Section 21001 ] of Division 9 of the Public Utilities Code). 1. Letter from the Homeowner's Association indicating installation of a small wind energy conversion system is allowed pursuant to the HOA rules and regulations. M. A radius package from a title insurance company indicating all the property owners' names and the mailing addresses for properties located within a 300-foot radius of the exterior of the lot boundaries. 5. Standards. All small wind energy conversion systems are subject to the following requirements. a. Prohibited Locations. A small wind energy conversion system shall not be located: i. In a manner which obstructs the view from the public or of neighboring properties from a scenic viewshed as identified by the Community Design Element of the City of Temecula General Plan. ii. Within a conservation easement established in compliance with Civil Code Section 815, et seq. and following, that does not specifically authorize wind energy conversion systems. iii. Within an open space easement established in compliance with Government Code Section 51070, et seq. and following, that does not specifically authorize wind energy conversion systems. 5 iv. Within a scenic highway corridor designated pursuant to Article 2.5 (commencing with Section 260) of Chapter 2 of Division I of the Streets and Highways Code. V. Within or over a utility, drainage, or other established easement. vi. Within rive rine/ripa ria n habitat or other sensitive habitat areas as defined by the Western Riverside County Multi- Species Habitat Conservation Plan. vii. Within twenty-five (25) feet of the canopy of a protected tree as defined by the Temecula Heritage Tree Ordinance. viii. On a slope equal to or greater than twenty (20) percent. ix. In an area where FAA regulations would require a beacon, including but not limited to hazard beacons and strobe lights. X. Such that the highest extent of the system is within twenty- five (25) feet of the top of any ridgeline. b. Architectural Compatibility. i. Small wind energy conversion systems within the L-2, LM, M, H, NC, CC, HT zoning districts shall be designed to be compatible to the site and surrounding area and shall not be freestanding, but shall be attached to the primary structure, second dwelling unit, or garage. ii. Small wind energy conversion systems within the HR, RR, VL, SC, PO, BP, LI, PI, OS and PR zoning districts shall also be designed to be compatible to the site and surrounding area, and may be freestanding or attached to the primary structure, second dwelling unit or garage. C. Quantity. Small wind energy conversion systems are limited to one (1) per lot. d. Setback requirements. A small wind energy conversion system, including guy wires and anchors, shall be set back from adjoining property lines, provided that it also complies with any applicable fire setback requirements and maximum noise levels as follows: i. For small wind energy conversion systems within the L-1, L- 2, LM, M, H, NC, CC, HT zoning districts, the minimum setback from the side and rear yards is five (5) feet. ii. For small wind energy conversion systems within the HR, RR, VL, SC, PO, BP, LI, PI, OS and PR zoning districts, the minimum setback from the side and rear yards is five (5) feet. If a small wind energy conversion system is located on a property that is adjacent to a property within a residential 6 zoning district, the setback shall be a minimum of twenty-five (25) feet. iii. Small wind energy conversion systems shall be set back from above ground communication or electrical lines in accordance with the requirements of the communication or utility provider. e. Height limit. The maximum height of a small wind energy conversion system shall be as follows: i. All small wind energy conversion systems shall not exceed the manufacturers' height recommendations and shall comply with all FAA requirements. ii. For small wind energy conversion systems within the L-1, L- 2, LM, M, H, NC, CC, HT zoning districts, the maximum height shall not exceed the maximum building height of the zoning district in which the system is located. iii. For small wind energy conversion systems within the HR, RR, VL, SC, PO, BP, LI, PI, OS and PR zoning districts, the maximum height shall not exceed sixty (60) feet. f. Turbine. The turbine technology proposed for the system shall be approved by a recognized standards-setting body for utility interactive power systems, such as the International Electronic and Electrical Engineers (IEEE 1547), or the Underwriters Laboratories Inc. (UL 1741). g. Noise. Except during short-term events including utility outages and severe wind storms, a small wind energy conversion system shall be designed, installed, and operated so that under normal operating conditions, noise generated by the system does not exceed the following: For small wind energy conversion systems proposed for within or adjacent to residential zoning districts, the maximum noise levels shall not exceed sixty (60) dBA at the property line. For all other zoning districts, the maximum noise levels shall not exceed the outdoor noise levels at the property line as required by the City of Temecula General Plan. h. Visual Impacts. i. Small wind energy conversion systems shall be designed and sited to minimize visual impacts to the surrounding area. ii. The highest vertical extent of a small wind energy conversion system shall not obstruct the public views of scenic resources, such as the hillsides, prominent western 7 and southern ridgelines, scenic roads, or significant open space areas. i. Speed/Brake Controls. A small wind energy conversion system shall be equipped with automatic speed controls to limit rotation speed to within the design limits of the system. Additionally, a small wind energy conversion system shall be equipped with a braking system that will allow the system to be shut-down in case of an emergency. j. Access and Safety. i. All small wind energy conversion systems shall be designed such that access is controlled to minimize inadvertent human contact and injury from all moving parts and electrical components of a system. ii. All climbing apparatus must be located at least fifteen (15) feet above the ground, and the tower shall be designed to prevent climbing within the first fifteen (15) feet. k. Signs. For tower mounted systems, only one (1) sign, limited to eighteen (18) inches in length and one (1) foot in height, shall be posted no higher than six feet from the base of the tower, and shall include a notice of no trespassing, and warning of high voltage. 1. Lighting. No illumination of the tower or turbine shall be allowed. M. Maintenance. A small wind energy conversion system shall be maintained in an operational condition that poses no potential safety hazards. n. Color. Colors used on finished surfaces shall be muted and visually compatible with the surrounding area." Section 9. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Temecula hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 10. Notice of Adoption. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. 8 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , Maryann Edwards, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. - was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the day of , , and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk 9 City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Environmental Checklist Project Title Small Wind Energy Conversion System Ordinance (LR09-0007) Lead Agency Name and Address City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Contact Person and Phone Number Dale West, Associate Planner (951) 693-3918 Project Location Citywide Project Sponsor's Name and Address City of Temecula General Plan Designation Varies - Citywide Zoning Varies - Citywide Description of Project A Development Code Amendment to establish standards to allow Small Wind Energy Conversion Systems within various zoning districts within the City of Temecula Surrounding Land Uses and Setting Citywide Other public agencies whose approval is required None CAProgram Files\Neevia.Com\Document Converter\temp\912933.doc Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Mineral Resources Agriculture Resources Noise Air Quality Population and Housing Biological Resources Public Services Cultural Resources Recreation Geology and Soils Transportation/Traffic Hazards and Hazardous Materials Utilities and Service Systems Hydrology and Water Quality Mandatory Findings of Significance Land Use and Planning ✓ None Determination (To be completed by the lead agency) On the basis of this initial evaluation: ✓ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Printed Name Date City of Temecula For CAProgram Files\Neevia.Com\Document Converter\temp\912933.doc 1. AESTHETICS. Would the project: Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact Incorporated Impact Impact a Have a substantial adverse effect on a scenic vista? ✓ b Substantially damage scenic resources, including, but not ✓ limited to, trees, rock outcroppings, and historic buildings within a state scenic hi hwa ? c Substantially degrade the existing visual character or quality ✓ of the site and its surroundings? d Create a new source of substantial light or glare which would ✓ adversely affect day or nighttime views in the area? Comments: 1.a-d. Less than significant impact. The proposed Development Code Amendment would administratively permit small wind energy conversion systems (SWECS) within Hillside Residential (HR), Rural Residential (RR), Very Low Density Residential (VL), Service Commercial (SC), Professional Office (PO), Business Park (BP), Light Industrial (LI), Public Institutional (PI), Open Space (OS), and Parks and Recreation (PR), zoning districts within the City of Temecula, and conditionally permit them within the Low Density Residential (L-1), Low Density Residential (L-2), Low Medium Density Residential (LM), Medium Density Residential (M), High Density Residential (H), Neighborhood Commercial (NC), Highway Tourist Commercial (HT), and Community Commercial (CC) zoning districts. However, SWECS would be restricted from being located as follows: 1) in such a manner as to block public views within scenic viewsheds as identified by the community design element of the City of Temecula General Plan; 2) within a conservation easement established in compliance with Civil Code Section 815 and following that does not specifically authorize wind energy conversion systems; 3) within a scenic highway corridor designated pursuant to Article 2.5 (commencing with Section 260) of Chapter 2 of Division I of the Streets and Highways Code; 4) within a conservation easement established in compliance with Civil Code Section 815; 5) within an open space easement established in compliance with Government Code Section 51070; 6) within or over a utility, drainage, or other established easement; 7) within a riverinelriparian habitat or other sensitive habitat areas as defined by the MSHCP; 8) within twenty-five feet of the mature canopy of a protected tree as defined by the City's Tree Preservation Ordinance; 9) on a slope equal to or greater than twenty percent; 10) in an area where FAA regulations would require a beacon, including but not limited to hazard beacons and strobe lights; 11) on a site listed in the National Register of Historical Resources pursuant to Section 5024.1 of the Public Resource Code; or 12) in such a manner that the highest extent of a SWECS is within 25 feet of the top of any major ridgeline. Additionally, proposed standards will require the finish of the SWECS to be muted and visually compatible to the surrounding area. The height of SWECS will be limited as follows: for systems within the L-1, L-2, LM, M, H, NC, CC, HT zoning districts, the maximum height shall not exceed the maximum building height of the zoning district the system is located in, and for systems within the HR, RR, VL, SC, PO, BP, LI, PI, OS and PR zoning districts, the maximum height shall not exceed sixty (60) feet. The proposed Development Code Amendment would also require SWECS to be designed to be compatible to the site and surrounding area. As a result, the proposed standards will limit visual impacts to scenic vistas, scenic resources and surrounding areas, and will not create a new source of light or glare affecting day or nighttime views. Less than significant impacts are anticipated. CAProgram Files\Neevia.Com\Document Converter\temp\912933.doc 3 2. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact Incorporated Impact Impact a Convert Prime Farmland, Unique Farmland, or Farmland of ✓ Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b Conflict with existing zoning for agricultural use, or a ✓ Williamson Act contract? c Involve other changes in the existing environment which, ✓ due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Comments: 2.a-c. No Impact: The proposed Development Code Amendment would allow for generation of electricity by small wind energy conversion systems to be used to reduce on-site consumption of electricity provided by utility companies. Although some wind energy conversion systems are compatible with farmland uses, there are no farmland uses within the City of Temecula corporate boundaries. The project will not involve changes in the existing environment, which would result in the conversion of farmland to non-agricultural uses. The proposed Development Code amendment does not involve changes in the existing environment that will result in conversion of Farmland to non-agricultural use. As a result the proposed Development Code Amendment will not conflict with existing zoning or convert Prime Farmland, Unique Farmland, Farmland of Statewide Importance, result in the conversion of Farmland into non-agricultural uses. No impact will result from the proposed project. 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact Incorporated Impact Impact a Conflict with or obstruct implementation of the applicable ✓ air quality plan? b Violate any air quality standard or contribute substantially ✓ to an existing or projected air quality violation? c Result in a cumulatively considerable net increase of any ✓ criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d Expose sensitive receptors to substantial pollutant ✓ concentrations? e Create objectionable odors affecting a substantial number ✓ C:AProgram Files\Neevia.Com\Document Converter\temp\912933.doc 4 I I of people? Comments: 3.a-e. No Impact. The proposed Development Code Amendment to allow small wind energy conversion systems within various zoning districts within the City of Temecula will result in on-site generation of clean energy by converting mechanical energy (wind) into emission-free electricity for one-site consumption. Because SWECS generate emission-free electricity, air quality will not be negatively impacted by allowing them within various zoning districts within the City. The proposed Development Code Amendment will not conflict with or obstruct implementation of the South Coast Air Quality Management Plan, violate air quality standards, contribute to an existing or projected air quality violation, result in cumulative net increases of any criteria pollutant, exposed sensitive receptors to substantial pollutant concentrations, or create objectionable odors affecting a substantial number of people. Allowing SWECS within various zoning districts of the City will improve the quality of the environment by reducing reliance on electricity typically generated by combustion sources which cause air pollution. As a result, no impacts are anticipated. 4. BIOLOGICAL RESOURCES. Would the project? Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact Incorporated Impact Impact a Have a substantial adverse effect, either directly or ✓ through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b Have a substantial adverse effect on any riparian habitat ✓ or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c Have a substantial adverse effect of federally protected ✓ wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d Interfere substantially with the movement of any native ✓ resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e Conflict with any local policies or ordinances protecting ✓ biological resources, such as a tree preservation policy or ordinance? f Conflict with the provisions of an adopted Habitat ✓ Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Comments: 4.a-c, e, and f. No Impact. The proposed Development Code Amendment does not allow SWECS to be located within wildlife corridors, wetland, riverine/riparian, or other natural sensitive habitat that support CAProgram Files\Neevia.Com\Document Converter\temp\912933.doc candidate, sensitive, or special status species, or to be located within 25 feet of mature canopy of a protected tree as defined by the City's Tree Preservation Ordinance, and therefore will not have a direct adverse affect on species listed in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service, or conflict with the MSHCP, local policies or ordinances. As a result, no impacts are anticipated. 4.d. Less than significant: According to the "Permitting Small Wind Turbines: A Handbook - Learning from the California Experience," produced by the American Wind Energy Association in conjunction with the California Energy Commission, bird collision with small wind energy conversion systems are considered very rare. In the report they indicate that data collected in a study by Bonneville Power Administration suggest that "raptor mortality has been absent to very low at all newer generation wind plants studied in the United States." The report further suggests that, "raptor mortality observed at Altamont Pass is unique." Due to the typical height and small rotor swept area of small wind energy conversion systems, they do not typically interfere with bird migration patterns and are not typically installed in dense enough configurations to create a "windwall" resulting in significant impacts to birds or other wildlife. Additionally, the National Audubon Society supports small wind energy conversion systems by stating that the number of bird collisions is expected to be, "similar to the deaths caused by other stationary objects that birds routinely fly into." As a result, less than significant impacts are anticipated. 5. CULTURAL RESOURCES. Would the project: Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact Incorporated Impact Impact a Cause a substantial adverse change in the significance of ✓ a historical resource as defined in Section 15064.5? b Cause a substantial adverse change in the significance of ✓ an archaeological resource pursuant to Section 15064.5? c Directly or indirectly destroy a unique paleontological ✓ resource or site or unique geologic feature? d Disturb any human remains, including those interred ✓ outside of formal cemeteries? Comments: 5.a. Less than Significant Impact: There are 24 historic resources identified on the Temecula Local Historic Register. A SWECS could potentially be proposed at one of the sites, at which time the propose system would be reviewed by the Old Town Local Review Board to determine if the proposed design of the SWECS is consistent with the architecture and site of the historic resource. The Old Town Local Review Board is required to make a Finding of Historic Appropriateness in order to maintain the integrity of existing historic architecture and preserve the local historic context. A Finding of Historic Appropriateness would require a proposed small wind energy generation system to be architecturally integrated into the surrounding site in context to the historic conditions of the site. As a result, less than significant impacts are anticipated. 5.b-d. No Impact: No excavation is required for the installation of a SWECS. As a result, no impacts are anticipated to occur to archaeological, paleontological resources, or to human remains. CAProgram Files\Neevia.Com\Document Converter\temp\912933.doc 6 6. GEOLOGY AND SOILS. Would the project: Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact Incorporated Impact Impact a Expose people or structures to potential substantial adverse ✓ effects, including the risk of loss, injury, or death involving: b Rupture of a known earthquake fault, as delineated on the ✓ most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. c Strong seismic round shaking? ✓ c Seismic-related ground failure, including liquefaction? ✓ d Landslides? ✓ e Result in substantial soil erosion or the loss of topsoil? ✓ f Be located on a geologic unit or soil that is unstable, or that ✓ would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? g Be located on expansive soil, as defined in Table 18-1-B of ✓ the Uniform Building Code (1994), creating substantial risks to life or property? h Have soils incapable of adequately supporting the use of ✓ septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Comments: 6.a-h. No Impact: The proposed Development Code Amendment would allow for generation of electricity by small wind energy conversion systems to be used to reduce on-site consumption of electricity. The proposed Development Code Amendment to allow SWECS will require plans to be prepared by a licensed structural engineer for wind and seismic loads of the tower structure and footings, and to be reviewed by City Building and Safety staff for compliance with the Uniform Building Code, including the specific engineering needed based on the soil type. As a result SWECS will not expose people or structures to potential adverse effects resulting from seismic or geologic conditions. No impacts are anticipated. 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project: Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact Incorporated Impact Impact a Create a significant hazard to the public or the environment ✓ through the routine transportation, use, or disposal of hazardous materials? b Create a significant hazard to the public or the environment ✓ through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? CAProgram Files\Neevia.Com\Document Converter\temp\912933.doc c Emit hazardous emissions or handle hazardous or acutely ✓ hazardous materials, substances, or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d Be located on a site which is included on a list of hazardous ✓ materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e For a project located within an airport land use plan or, ✓ where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f For a project within the vicinity of a private airstrip, would the ✓ project result in a safety hazard for people residing or working in the project area? g Impair implementation of or physically interfere with an ✓ adopted emergency response plan or emergency evacuation plan? h Expose people or structures to a significant risk or loss, ✓ injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments: 7.a-d. No Impact: The proposed Development Code Amendment would allow for generation of electricity by small wind energy conversion systems to be used to reduce on-site consumption of electricity provided by utility companies. A SWECS does not involve the transportation, use of, or emission of hazardous materials, and there are no known hazardous material sites within the City of Temecula in which a SWECS would be located on that would subject people to the hazardous materials. As a result, no impacts are anticipated. 7.e-f. Less than significant.- It is feasible that a SWECS could be located within Compatibility Zones of the French Valley Airport. A proposed SWECS located within the Compatibility Zones of the French Valley Airport would be subject to all FAA requirements, including height restrictions and lighting requirements. As a result, less than significant impacts are anticipated. 7.g. No Impact.- The proposed Development Code Amendment to allow for generation of electricity by small wind energy conversion systems to be used to reduce on-site consumption of electricity provided by utility companies, does not change the adopted emergency response plan and therefore does no not interfere with an adopted emergency response plan or emergency evacuation plan. No impacts are anticipated. 7.h. No Impact: The proposed Development Code Amendment to allow for generation of electricity by small wind energy conversion systems could potentially be located within an area susceptible to wildland fires; however, siting a SWECS within a wildland interface areas does not expose people or structures to a significant risk involving wildland fires, because in order to site a SWECS on a lot, a structure must already exist with utility provided electrical power to the existing building. As a result, no impacts are anticipated. CAProgram Files\Neevia.Com\Document Converter\temp\912933.doc 8 8. HYDROLOGY AND WATER QUALITY. Would the project: Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact Incorporated Impact Impact a Violate any water quality standards or waste discharge ✓ requirements? b Substantially deplete groundwater supplies or interfere ✓ substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c Substantially alter the existing drainage pattern of the site or ✓ area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d Substantially alter the existing drainage pattern of the site or ✓ area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e Create or contribute runoff water which would exceed the ✓ capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? f Otherwise substantially degrade water quality? ✓ g Place housing within a 100-year flood hazard area as ✓ mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Ma or other flood hazard delineation map? h Place within a 100-year flood hazard area structures which ✓ would impede or redirect flood flows? I Expose people or structures to a significant risk of loss, ✓ injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j Inundation by seiche, tsunami, or mudflow? ✓ Comments: 8.a+ No Impact: The proposed Development Code Amendment would allow for generation of electricity by small wind energy conversion systems to be used to reduce on-site consumption of electricity provided by utility companies. The use of SWECS does not involve the use of water other than what would typically be used during construction of footings for the turbine tower. The amount of water used for the footings is insignificant and would not result in the depletion of groundwater supplies, nor would the footings interfere substantially with groundwater recharge. The use of a SWECS does not involve any activity that would result in a discharge of waste or, violation of any water quality standards, contribute to runoff that would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff, degrade water quality, impede or redirect flood flows, alter the existing drainage pattern of the site, which would result in substantial erosion, siltation, or flooding on- or off-site, be exposed to inundation by seiche, tsunami, or mudflow, or expose people or structures to a significant risk of loss, injury or death involving flooding. The proposed project to allow SWECS within various zoning districts within the City has no CAProgram Files\Neevia.Com\Document Converter\temp\912933.doc relationship to water quality standards, drainage patterns, or the location of housing within a flood area. No impacts are anticipated. 9. LAND USE AND PLANNING. Would the project: Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact Incorporated Impact Impact a Physically divide an established community? ✓ b Conflict with any applicable land use plan, policy, or ✓ regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c Conflict with any applicable habitat conservation plan or ✓ natural community conservation plan? Comments: 9.a-c. No Impact. The proposed Development Code Amendment would allow for generation of electricity by small wind energy conversion systems to be used to reduce on-site consumption of electricity provided by utility companies. The proposed Development Code amendment does not require a General Plan land use element amendment and is not a facility or type of project that create a physical barrier which would divide an established community. The proposed standards for allow SWECS within various zoning districts within the City is consistent with the following policies of the City of Temecula General Plan: Policy 2.1 and Policy 2.2, Noise Element, Policy 2.5 of the Community Design Element, Policy 4.3, Policy 5.1, and Policy 9.1 of the Open Space/Conservation Element, Policy 5.1, Policy 6.1 and Policy 8.3 of the Land Use Element, and Policy 9.3 of the Growth Management/Public Facilities Element. As a result, no impacts are anticipated. 10. MINERAL RESOURCES. Would the project: Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact Incorporated Impact Impact a Result in the loss of availability of a known mineral ✓ resource that would be of value to the region and the residents of the state? b Result in the loss of availability of a locally-important ✓ mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Comments: 10.a-b. No Impact. The proposed Development Code Amendment would allow for generation of electricity by small wind energy conversion systems to be used to reduce on-site consumption of electricity provided by utility companies. The project does not involve the extraction or mining of mineral resources, nor does it interfere with the ability to mine or extract mineral resources. There is no known mineral resource recovery site within the City or delineated on the City's General Plan, or as part of a Specific Plan within the City. The proposed project to allow SWECS within various zoning districts within the City has no relationship to the loss of availability of known mineral resources of regional or statewide importance. No impacts are anticipated. CAProgram Files\Neevia.Com\Document Converter\temp\912933.doc 10 11. NOISE. Would the project result in: Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact Incorporated Im act Impact a Exposure of persons to or generation of noise levels in ✓ excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b Exposure of persons to or generation of excessive ✓ groundborne vibration or groundborne noise levels? c A substantial permanent increase in ambient noise levels ✓ in the project vicinity above levels existing without the project? d A substantial temporary or periodic increase in ambient ✓ noise levels in the project vicinity above levels existing without the project? e For a project located within an airport land use plan or, ✓ where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f For a project within the vicinity of a private airstrip, would ✓ the project expose people residing or working in the project area to excessive noise levels? Comments: 11.a-d. Less Than Significant Impact. According to the American Wind Energy Association, small wind energy turbines generate varying noise levels depending on the type and style of wind turbine. The most common type of wind turbine generates two sources of noise, one from the gearbox and the other from rotating blades. The proposed project will require SWECS to be set back from the property line a minimum distance necessary to achieve the maximum noise level requirements of the General Plan for Commercial and Industrial zoning districts. The City of Temecula General Plan allows a maximum exterior noise levels, measured at the property boundary, between 65 and 70 dBA depending on the type of use. For residential uses, the City's General Plan sets the maximum noise level at adjacent dwelling units at 65 dBA; however, the proposed standards for SWECS will establish a maximum noise level of 60 dBA at the property line for residential zoning districts, which is consistent with the State's recommended maximum noise level as identified in the State's model ordinance for small wind energy conversion systems. As part of the application submittal requirements, the City will require the applicant to demonstrate that noise levels do not exceed maximum allowable noise levels at adjoining property boundaries as specified. The setback and noise requirements will ensure that less than significant impacts will occur. 11.e-f. No Impact: A SWECS could be located on a lot that is within the French Valley Airport Land Use Plan or within two miles of the French Valley Airport; however, siting a SWECS does not directly or indirectly result in construction of residential buildings or other building types and therefore does not expose people to excessive airport noise levels related to airport operations. The proposed project to allow SWECS within various zoning districts within the City has no relationship to the exposing people, residing or working within the vicinity of an air port, to excessive noise levels from the air port. No impact will occur. CAProgram Files\Neevia.Com\Document Converter\temp\912933.doc 11 12. POPULATION AND HOUSING. Would the project: Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact Incorporated Impact Impact a Induce substantial population growth in an area, either ✓ directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b Displace substantial numbers of existing housing, ✓ necessitating the construction of replacement housing elsewhere? c Displace substantial numbers of people, necessitating the ✓ construction of replacement housing elsewhere? Comments: 12.a-c. No Impact: The proposed Development Code Amendment would allow for generation of electricity by small wind energy conversion systems to be used to reduce on-site consumption of electricity provided by utility companies. The use of a SWECS does not directly or indirectly result in the construction of new residential or commercial type buildings, nor does it directly or indirectly result in additional public infrastructure, such as roads, therefore, the project does not directly or indirectly induce population growth. The use of a SWECS does not directly or indirectly cause displacement of existing housing or displace substantial numbers of people or existing housing. The proposed project to allow SWECS within various zoning districts within the City has no relationship to the growth in population within the City or the surrounding area, nor with the displacement of housing or people. As a result, no impacts are anticipated. 13. PUBLIC SERVICES. Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact Incorporated Impact Impact a Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? ✓ Police protection? ✓ Schools? ✓ Parks? ✓ Other public facilities? ✓ Comments: 13.a. No Impact. The proposed Development Code Amendment would allow for generation of electricity by small wind energy conversion systems to be used to reduce on-site consumption of electricity provided by utility companies. The use of a SWECS at a residential or commercial building does not result in the increase in public services or affect the service ratios or response times for public services. The proposed project to allow SWECS within various zoning districts within the City has no relationship to the need for additional CAProgram Files\Neevia.Com\Document Converter\temp\912933.doc 12 government facilities in order to maintain acceptable service rations, response times or other performance objectives. As a result, no impacts are anticipated. 14. RECREATION. Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact Incorporated Impact Impact a Would the project increase the use of existing neighborhood ✓ and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b Does the project include recreational facilities or require the ✓ construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Comments: 14.a-b. No Impact. The proposed Development Code Amendment would allow for generation of electricity by small wind energy conversion systems to be used to reduce on-site consumption of electricity provided by utility companies. A SWECS is a stationary structure that doesn't involve the recreational types of uses. The use of a SWECS at a residential or commercial building would not result in the increase in the use of park and recreation facilities, or require the construction or expansion of park and recreation facilities. The proposed project to allow SWECS within various zoning districts within the City has no relationship to the use of recreation facilities. As a result, no impacts are anticipated. 15. TRANSPORTATIONITRAFFIC. Would the project: Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact Incorporated Impact Impact a Cause an increase in traffic which is substantial in relation to ✓ the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or congestion at intersections)? b Exceed, either individually or cumulatively, a level of service ✓ standard established by the county congestion management agency for designated roads or highways? c Result in a change in air traffic patterns, including either an ✓ increase in traffic levels or a change in location that results in substantial safety risks? d Substantially increase hazards due to a design feature (e.g., ✓ sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e Result in inadequate emergency access? ✓ f Result in inadequate parking capacity? ✓ g Conflict with adopted policies, plans, or programs supporting ✓ alternative transportation (e.g., bus turnouts, bicycle racks)? Comments: CAProgram Files\Neevia.Com\Document Converter\temp\912933.doc 13 15.a-g. No Impact: The proposed Development Code Amendment would allow for generation of electricity by small wind energy conversion systems to be used to reduce on-site consumption of electricity provided by utility companies. A SWECS is a stationary structure that doesn't involve the transportation of people or goods, and is not used for traffic controlling devises that would result in the increase in traffic, levels of service, alter traffic patterns, interfere with emergency access, affect parking capacity, or conflict with adopted policies, plans or programs related to alternative transportation. The proposed project to allow SWECS within various zoning districts within the City has no relationship to traffic or capacity of transportation facilities. As a result, no impacts are anticipated. 16. UTILITIES AND SERVICE SYSTEMS. Would the project: Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Mitigation Significant No Impact Incorporated Impact Impact a Exceed wastewater treatment requirements of the ✓ applicable Regional Water Quality Control Board? b Require or result in the construction of new water or ✓ wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c Require or result in the construction of new storm water ✓ drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d Have sufficient water supplies available to serve the project ✓ from existing entitlements and resources, or are new or expanded entitlements needed? e Result in a determination by the wastewater treatment ✓ provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f Be served by a landfill with sufficient permitted capacity to ✓ accommodate the project's solid waste disposal needs? g Comply with federal, state, and local statutes and ✓ regulations related to solid waste? Comments: 16.a-g. No Impact: The proposed Development Code Amendment would allow for generation of electricity by small wind energy conversion systems to be used to reduce on-site consumption of electricity provided by utility companies. The use of a SWECS at a residential or commercial building will not impact wastewater treatment facilities, storm water facilities, water supplies, or landfill operations or capacities and therefore will have no impact to these types of utilities and services because SWECS do not use water, generate wastewater, or generate waste during operation of the system. The proposed project to allow SWECS within various zoning districts within the City has no relationship to the increasing demand for reducing capacity of wastewater treatment facilities, storm water drainage facilities, water supplies, or landfills. As a result, no impacts are anticipated. CAProgram Files\Neevia.Com\Document Converter\temp\912933.doc 14 17. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Impact Impact a Does the project have the potential to degrade the quality of ✓ the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b Does the project have impacts that are individually limited, ✓ but cumulatively considerable ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c Does the project have environmental effects which will ✓ cause substantial adverse effects on human beings, either directly or indirectly? Comments: 17.a-c. No Impact. The proposed Development Code Amendment would allow for generation of electricity by small wind energy conversion systems to be used to reduce on-site consumption of electricity provided by utility companies. The use of a SWECS at a residential or commercial building will result in the generation of a renewable and non-polluting energy resource, which reduces air and water pollution that results from conventional electricity generation sources. Allowing SWECS within various zoning districts of the City will improve the quality of the environment by reducing reliance on electricity typically generated by combustion sources which cause air pollution. As a result, no impacts are anticipated. 18. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a Earlier analyses used. Identify earlier analyses and state where they are available for review. b Impacts adequately addressed. Identify which affects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed b mitigation measures based on the earlier analysis. c Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 18.a-c. None CAProgram Files\Neevia.Com\Document Converter\temp\912933.doc 15 SOURCES 1. City of Temecula General Plan 2. City of Temecula Municipal Code 3. Permitting Small Wind Turbines: A Handbook, Learning from the California Experience, www.awea.org 4. California Energy Commission - Renewable Energy Program, www.energy.ca.gov/renewables/ 5. American Wind Energy Association, www.awea.org 6. California Government Code, Article 2.11 Wind Energy - Section 65892.13 CAProgram Files\Neevia.Com\Document Converter\temp\912933.doc 16 Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No: Applicant: Proposal: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: LR09-0007 City of Temecula An Ordinance to establish development standards for allowing small wind energy conversion systems within all zoning districts, with exception of the Open Space- Conservation zoning district, of the City of Temecula In accordance with the California Environmental Quality Act (CEQA), the proposed project will not have a significant impact upon the environment based upon a completed Environmental Study. As a result, a Negative Declaration will be issued in compliance with CEQA Dale West, Associate Planner, (951) 693-3918 City of Temecula, Council Chambers April 15, 2009 6:00 p.m. Any person may submit written comments to the Planning Commission before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of the hearing. Any petition for judicial review of a decision of the Planning Commission is controlled by the statute of limitations provisions set forth in Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. Any action or proceeding to attack, review, set aside, or void any decision of the Planning Commission is controlled by Chapter 2.36 of the Temecula Municipal Code. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission, shall be limited to those issues raised at the hearing as provided in Chapter 2.36 of the Temecula Municipal Code. Copies of the procedures for the conduct of City Council, Planning Commission, and Planning Director public hearings are available from the City Clerk. If you wish to challenge the above [project] in court, the challenge will be limited to only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice, and must be commenced within the time limit specified in Section 1094.5 and Section 1094.6 of the California Code of Civil Procedure. The proposed project application may be viewed at the City of Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner at (951) 693-3918. ITEM 3 STAFF REPORT- PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: April 15, 2009 PREPARED BY: Katie Innes, Case Planner PROJECT Planning Application Nos. PA08-0276, a Minor Conditional Use SUMMARY: Permit to authorize The Painted Garden to have live entertainment (live/recorded music), garden parties, a Type-42 ABC license (on- sale beer and wine - public premises), and PA08-0220, a Finding of Public Convenience or Necessity for the ABC license, located at 28657 Old Town Front Street RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15301, Class 1 Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Ms. Lorena Spencer General Plan Community Commercial (CC) Designation: Zoning Designation: Old Town Specific Plan (SP- 5); Tourist Retail Core (TRC) Existing Conditions/Land Use: Site: Existing building/retail store North: Existing building (The Bank of Mexican Food restaurant); Tourist Retail Core (TRC) South: Existing buildings, various commercial retail uses; Tourist Retail Core (TRC) East: Existing building (The Shire, Chocolate Florist, Swing Inn Cafe restaurant); Tourist Retail Core (TRC) West: Existing building (Emporium Building), various retail shops; Tourist Retail Core (TRC) Existing/Proposed Min/Max Allowable or Required Lot Area: N/A N/A Total Floor Area/Ratio: N/A N/A Landscape Area/Coverage: N/A NIA Parking Required/Provided: N/A No parking is required BACKGROUND SUMMARY On September 24, 2008 Planning Application No. PA08-0220, a Finding of Public Convenience of Necessity, was submitted for review. Staff from the Planning Department and Temecula Police Department reviewed this application. Upon completion of the Planning Department's review, it was determined that a Conditional Use Permit would also required to allow for beer and wine to be served by the glass on the premises, as well as to allow for the applicant's request for live entertainment and private garden parties at the facility. Prior to the request for the Conditional Use Permit to allow for the sale of beer and wine, private garden parties and live entertainment at The Painted Garden, the applicant had been issued two separate Major Temporary Use Permits (TUPs). The two Temporary Use Permits were valid for approximately one year each and allowed the applicant to have private garden parties. These parties included catered food and live entertainment. Beer and wine was also served at these events through use of the caterer's ABC license. The first TUP allowed for these private events on weekends only from 6 p.m. to midnight. The second TUP allowed for these events seven days a week as follows: Thursday through Sunday from 6 p.m. to 10 p.m. and Friday and Saturday from 6 p.m. to midnight. Planning staff consulted with the Temecula Police Department to inquire about calls for service at these events. The Police Department indicated that no calls for service were received during the 24 months that the two TUPs were valid. The Police Department also indicated that no complaints were received during the life of the two TUPs. The private garden parties that are proposed as a part of the Minor Conditional Use Permit application are similar in scope to the private parties that were permitted on a temporary basis by the TUPs. Since no complaints or calls for service were received, and the events were successful, the applicant is requesting to hold these private garden parties on a permanent basis. On December 3, 2008 a Minor Conditional Use Permit (Planning Application No. PA08-0276) was submitted for review. The Conditional Use Permit will allow for the sale and service of beer and wine by the glass. The Permit will also allow for private garden parties and live entertainment (acoustic instrument or recorded music with controlled volume), after the retail portion of the business closes at 5 p.m. This request is similar to what had previously been permitted through the Temporary Use Permits. The Conditional Use Permit application has been reviewed by the Planning Department, Police Department, Building and Safety Department, Fire Prevention Bureau and Community Services Department. A DRC meeting to discuss staff comments related to this Conditional Use Permit took place on January 15, 2009. The discussion items included revising the floor plan to meet the maximum occupancy requirements and clarifying the proposed operating hours for the private parties, service of beer and wine, and live entertainment. The applicant re-submitted revised plans on February 17, 2009. All departments have provided Conditions of Approval for this project. Staff has been in contact with the Department of Alcoholic Beverage Control (ABC) regarding the Type-42 ABC license and the required Finding of Public Convenience or Necessity. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. 2 ANALYSIS Conditional Use Permit The Painted Garden is currently located on the southwest corner of Old Town Front Street and Main Street within the Tourist Retail Core of the Old Town Specific Plan. According to the land use matrix contained in the Old Town Specific Plan, establishments requesting to have live entertainment, private garden parties and serve beer and wine by the glass require the approval of a Conditional Use Permit. Currently, The Painted Garden is operating as a retail shop; however, the owner of this establishment hopes to generate additional business by offering private garden parties, live entertainment (after the retail portion of the business is closed), and beer and wine through the approval of a Conditional Use Permit. The normal operating hours for the business are proposed as follows: Monday - closed; Tuesday - Thursday from 10 a.m. to 10 p.m.; Friday and Saturday from 10 a.m. to midnight; and Sunday from 11 a.m. to 10 p.m. Beer and wine is proposed to be available by the glass within the designated wine bar area during all operating hours. Pre-packaged snacks will also be available for purchase in the wine bar area during all operating hours. Live entertainment is limited to acoustic instruments with controlled volume after 5 p.m. on weekends (Friday and Saturday nights). The use of a stereo to play background music would be permitted after 5 p.m. six days a week (Tuesday through Sunday). The proposed hours for the private garden parties, which were permitted on a temporary basis through the approval of the two previously issued Temporary Use Permits, are Tuesday through Sunday starting at 5 p.m. after the retail portion of the business is closed. The private garden parties will terminate in accordance with the normal operating hours for The Painted Garden; therefore, if the normal operating hours dictate that the business closes at 10 p.m. the private parties will also end at 10 p.m. The Old Town Specific Plan also indicates that projects in the Old Town area are also subject to the requirements contained within the Supplement Development Standards in Section 17.10 of the Development Code. The Supplemental Development Standards require that businesses serving beer and wine obtain the appropriate license from the Department of Alcoholic Beverage Control (ABC). Staff has consulted with ABC regarding the request for this Minor Conditional Use Permit and ABC has indicated that the Type-42 license is the appropriate license for this establishment. The Type-42 ABC license will allow for the sale, serving and consumption of beer and wine by the glass on the premises. Through discussions with ABC, it was also determined that the Type-42 license will not allow minors to enter the licensed premises and remain. As a result, the applicant has proposed to dedicate approximately 2,000 square feet of the existing retail space as the designated wine bar area. This space will be enclosed and secured by an interior three-foot wall to separate the wine bar space from the retail space. The space will also be fenced off and secured from Old Town Front Street. Signs will be posted to indicate that minors under the age of 21 shall not be permitted to enter the wine bar area. Additionally, the Temecula Police Department has conditioned the project to require that valid identification will be required to verify each patron's age and identification before they may enter and be served in the wine bar area. Additionally, the Temecula Police Department has conditioned the project to require that alcoholic beverage training shall be completed by all employees and management to ensure that those working at the establishment are familiar with the proper serving procedures and understand the process of identification checks prior to opening with the Type 42 ABC license. Updated training is also required when new employees or management are hired. 3 The Supplemental Development Standards also indicate that businesses selling alcoholic beverages and requiring a Conditional Use Permit shall not be located within 500 feet of any religious institution, school or public park. Planning staff has consulted with the Geographic Information Systems department and confirmed that the project meets the 500-foot separation requirement. The closest sensitive use is God's Country Church which is located over 1,600 feet away from the proposed use. The exhibit showing the 500-foot buffer around the establishment is attached for reference. Finding of Public Convenience or Necessity According to the most recent census tract map the premises is located within census tract 0432.15. ABC has determined this census tract is over-concentrated. Before ABC will issue the Type-42 ABC license, a Finding of Public Convenience of Necessity by the Planning Commission is required to be made. During staff's contact with ABC it was determined that three licenses are allowed in the census tract (0432.15) before the area is considered over-concentrated by ABC's standards. Currently there are 71 active licenses in this census tract. The table below outlines the type of ABC licenses that are active within the census tract, the privileges of each license type and the number of active licenses for that ABC license type: ABC LICENSE TYPES PRIVILEGES GRANTED BY ABC LICENSE NUMBER OF ACTIVE ABC LICENSES IN CENSUS TRACT (BY LICENSE TYPE) Type- 41 (eating place) Sale of beer and wine for on- site consumption for restaurant 28 Type-47 (eating place) Sale of beer, wine and distilled spirits for on-site consumption for restaurant 17 Type-58 (caterer's permit) Sale of beer, wine and distilled spirits for on-site consumption at special event 2 Type-20 (package store) Sale of beer and wine for off- site consumption 9 Type-21 (package store) Sale of beer, wine and distilled spirits for off-site consumption 5 Type-48 (nightclub/bar) Sale of beer, wine and distilled spirits for on-site consumption (food service is not required) 2 Type-40 (on-sale beer) Sale of beer only for consumption on the premises 2 4 Type-52 (veteran's club) Sale of beer, wine and distilled spirits at veteran's club 1 Type-51 (membership club) Sale of beer, wine and distilled spirits for members and guests at a membership club 1 Type-42 (beer and wine, non-eating place) Sale of beer and wine for consumption on the premises food service is not required) 4 TOTAL 71 Staff has analyzed the census tract data and license types that have been provided by ABC, as outlined in the table above. Of the 71 active licenses in the census tract, 47 of the licenses have been issued to restaurant establishments (bona-fide eating places) serving either beer and wine only, or beer, wine and distilled spirits. Restaurants are not subject to a Finding of Public Convenience of Necessity. The other non-restaurant establishments holding active licenses include mini-marts, billiards clubs, the Elks Lodge, the VFW Post, nightclub establishments, wine tasting or beer and wine bar establishments and a private cigar lounge. Of the 71 active licenses, four are Type-42 licenses. The active Type-42 licenses were issued to Stellar Cellar, The Temecula Valley Cheese Company, The Temecula Beer and Wine Garden, and Zarka Cigar Lounge. If the Finding of Public Convenience of Necessity is made by the Planning Commission, the license issued to The Painted Garden will be the fifth Type-42 license that is active in the census tract. In considering the census tract numbers it is important to note that they are based upon the residential population in the census tract area. The number of residences in census tract 0432.15 is relatively small in comparison to the number of residents in other census tracts within the City, which is why census tract 0432.15 reflects a small number of licenses being permitted before the census tract is considered to be over-concentrated. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on April 4, 2009 and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review pursuant to CEQA Section 15301, Class 1 Existing Facilities. The key consideration in determining whether a project qualifies for the Class 1 exemption is to analyze whether the project involves negligible or no expansion of an existing use. The Painted Garden is currently operating as a retail shop in the Old Town area. The issuance of the Conditional Use Permit and Finding of Public Convenience or Necessity to authorize the sale of beer and wine by the glass on the premises does not involve the physical expansion of the existing facility. The expanded use, which is a change from a primarily retail operation to a retail and wine bar operation constitutes negligible expansion of the use and no adverse environmental impacts will occur as a result of the approval and issuance of the Conditional Use Permit. FINDINGS Conditional Use Permit - Development Code Section 17.04.010 (E) The proposed conditional use is consistent with the General Plan and the Development Code The proposed conditional use is consistent with the specific goals and policies outlined in the General Plan that are intended to be implemented in the Old Town area. The General Plan states that the Old Town area should be utilized to promote tourism and enhance the wine- making industry and related activities within the City. The proposed project will enhance the wine making and tourist industry in Old Town. Additionally, the General Plan identifies typical uses that are anticipated in the underlying land use designation of Community Commercial (CC). These land uses includes retail and service oriented businesses which serve the entire community. The project is located within the Tourist Retail Core of Old Town and the General Plan indicates that Old Town continues to be a strong identification and destination point for the City. According to the Old Town Specific Plan, typical uses that may occur or be developed in the Tourist Retail Core are uses that support the pedestrian oriented core and include small scale boutique and retail type businesses. The proposed conditional use is consistent with the Old Town Specific Plan and with the Development Code. The Old Town Specific Plan indicates that Old Town should be developed to promote local and tourist oriented development and uses that add to the "thematic" ambiance of Old Town. The proposed project, as conditioned, is anticipated to enhance the vibrancy in the Old Town area. The proposed conditional use is compatible with the nature, condition, and development of adjacent uses, building and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, building and structures. The Painted Garden is located within a primarily developed area in the Tourist Retail Core in Old Town. The surrounding uses include a variety of retail type uses that include small boutiques, specialty stores, wine tasting establishments and restaurants. Many of the restaurants and wine bars also offer live entertainment. Considering the surrounding uses and the nature of development surrounding The Painted Garden, the proposed conditional use is compatible with the uses and land use patterns in the immediate vicinity. The proposed conditional use will not adversely affect the adjacent uses, building or structure. The Painted Garden is currently operating as a retail store and the addition of the sale and serving of beer and wine, as well as the live entertainment, is consistent with the surrounding uses, buildings and structures. The surrounding uses are primarily retail uses and the project has been conditioned to anticipate and minimize any potential land use compatibility concerns. The noise generated from the establishment will be consistent with the General Plan noise threshold and the number of people permitted to be on the premises is required to be consistent with all building and fire codes. The project also meets the 500-foot sensitive use separation requirement that is required by the Development Code. 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 required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. 6 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. The proposed project does not involve the physical expansion of the premises. Therefore, it has been determined that all of the yards, walls, fences, parking, loading, buffer areas, landscaping and development features that exist on the site are adequate The Painted Garden is an existing business and the approval of the conditionally permitted use to occur on the premises does not warrant any additional development features to better integrate the use with the other uses in the neighborhood. A number of operating restrictions including hours of operation, hours for live entertainment, occupancy limitations and noise limitations will ensure that the conditionally permitted use will integrate with the other uses in the neighborhood. The nature of the proposed conditional use is not detrimental to the health, safety and welfare of the community. The nature of the proposed conditional use is not detrimental to the health, safety and welfare of the community. The project has been reviewed by the Planning Department, Building and Safety Department, Community Services Department, Fire Prevention Bureau and City of Temecula Police Department, and Conditions of Approval have been issued to ensure and maintain the health, safety and welfare of the community service. A number of operating restrictions, that have been required as Conditions of Approval for this project including hours of operation, hours for live entertainment, occupancy limitations and noise limitations will ensure that the conditionally permitted use will not be detrimental to the health, safety and welfare of the community. The project also meets the 500-foot sensitive use separation requirement that is required by the Development Code to ensure that sensitive uses will not be disturbed by this use. Public Convenience or Necessity- Development Code Section 17.10.020. 13.5 The proposed use is consistent with the General Plan and the Development Code. The proposed use is consistent with the specific policies and goals outlined in the City's General Plan that are to be implemented within the Old Town area. The General Plan states that the Old Town area should be utilized to promote tourism and enhance the wine-making industry and related activities within the City. The proposed project is also consistent with the Development Code and Old Town Specific Plan. The Old Town Specific Plan indicates that Old Town should be developed to provide local and tourist oriented retail services and promote existing development and uses that add to the "thematic" ambiance of the Old Town area with uses such as wine tasting facilities. The proposed project is anticipated to enhance the vibrancy in the Old Town area. The proposed use is compatible with the nature, condition and character of the adjacent land uses. The proposed project is compatible with the nature, condition and character of adjacent land uses. The project is surrounded by primarily commercial retail type uses and restaurants, and the authorization of the Type-42 ABC license is not anticipated to have an adverse effect on the surrounding businesses. The adjacent land uses are compatible with The Painted Garden's current proposal to sell beer and wine by the glass on the premises. In addition, there are other similar establishments that offer the sale of beer and wine by the glass in the Old Town area that add to the character and ambiance of the area. The proposed use would not have an adverse affect on adjacent land uses It is not anticipated that the proposed use will have an adverse affect on adjacent land uses, as all of the adjacent land uses are primarily commercial retail type uses, and the proposed project is anticipated to add to the tourist oriented services that currently exist in the Old Town area. Additionally, a number of operating restrictions, that have been required as Conditions of Approval for this project including hours of operation, hours for live entertainment, occupancy limitations and noise limitations will ensure that the conditionally permitted use will not be detrimental to the health, safety and welfare of the community. The proposed use would not result in an excessive number of similar establishments in close proximity. The proposed use would not result in an excessive number of similar establishments in close proximity. The Temecula Valley Cheese Company, Stellar Cellars, Temecula Beer and Wine Garden and Zarka Cigar lounge are currently in operation within the census tract and hold a Type-42 license to allow for the serving and sale of beer and wine by the glass. However, these establishments are not located in the immediate proximity to one another and each offers a unique experience that contributes to the vitality of the Old Town and the surrounding area. The addition of The Painted Garden is anticipated to further enhance the reputation of the Temecula Valley as being known for its high quality wine-related industry. In regard to the over concentration of existing licenses in the census tract, three on-sale licenses are allowed before census tract 0432.95 is considered to be over-concentrated by ABC's standards. However, it is important to note that the over-concentration of ABC licenses is based upon the residential population in the census tract area. The number of people living in census tract 0432.95 is relatively small in comparison to other census tracts within the City which reflects a smaller number of allowable licenses in the census tract. Type-42 licenses are generally issued to establishments where the serving, sale and consumption of beer and wine by the glass will occur, and although there are 79 on-sale licenses existing in the census tract and three are allowed before over concentration exists, the majority of the on-sale licenses have been issued to restaurant establishments which do not require a Finding of Public Convenience or Necessity. ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Statement of Operations Census Tract Map ABC License Types/privileges 500-Foot Sensitive Use Buffer Map Notice of Public Hearing O~ s~ PA08-0276 05~ 4 o 0(0; / i 0 62.5 125 250 ~ 375 500 ~ Feet eeP.....ac). 'z I weov~aoysiuavu n-sE' imer VI T S ICJ ~ / i~ ~ p<~sW ava+v ~ . WIT ~vg v pfWV 9 w1H 6AZ A «kISTIN46~ta ~~N4Ne N40NYHaF 1) . ' eul?xraiPewM'fWk~Fi-= f~2 mW~ ' .-..>•N,.;...~ae~.t..t, m- ~cuPFwT - GWO SY IJ I { : I~LaF S ~iv .3f ~ n . ~ i ' 'Ib AL'o I¢I g, 0O O~ - - unRrs 2SNf(s zwulRw z rPwvioEG - ll ' CMINIMUUI ,3¢y. R6RUIREp `d/17M) - Z e n k- 'Ar 0 en: ~ ~I.F u p mare /Ewi<VFe S1. ~ , - I f. - 1 G ~w, IwM G t bru _ouug?wir iixv.F~Taz., r•~+„u,,. Gc . \ ' i ~ Rxrz fi+~ euwl~u _ \ - p z ~IrosaFf~ZA° 5.5 y 3 ~ KeT Wp ff mc . ` E aymsaP ao ou.~ y rr 70-1 : 12&557-6 OLVGI.~/N:FRGNt Sr f `r~ME:uv.~csk %2~gv. v ,S ~H51~6JG'-6498 1 cl - ~IW ~ ~ j. ~l !E1 I~ a a a wm ~NEG I TT~~ FarcVx ' RECIE~'Inu~mwnnnm(mfl MEq ' I L W0 IRON F W64,rAiK 'PA<H fWPf~'. l MAIN 511~rE~T PARKI /A PerAIL Sval?g CHoCAl,R7~' F+~dr~r h WFLTJ 7 (~3rLDiA7G o _ .`+ioMNr I Ou vcT 1 Cam9~wY I RETfY I k 3NoP5 t- , r Jura Co arygaD ..RE.TAIL. N MAIN sr.. g go; <15 I td All 9 v~C9~L`9 CAAMAJA }77~ERTeR A W m SK PC RESOLUTION NO. 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NOS. PA08-0276, A MINOR CONDITIONAL USE PERMIT TO AUTHORIZE A TYPE-42 ABC LICENSE TO ALLOW FOR THE CONSUMPTION OF BEER AND WINE ON THE PREMISES, TO ALLOW FOR PRIVATE GARDEN PARTIES AND LIVE MUSICAL ENTERTAINMENT, AND PA08-0220, A FINDING OF PUBLIC CONVENIENCE OR NECESSITY FOR THE TYPE- 42 ABC LICENSE LOCATED AT 28637 OLD TOWN FRONT STREET (APN: 922-045-025) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On September 24, 2008, Lorena Spencer filed Planning Application No. PA08-0220, a Finding of Public Convenience or Necessity. On December 3, 2009, Lorena Spencer filed Planning Application No. PA08-0276, a Minor Conditional Use Permit Application, to authorize a Type-42 ABC license to allow for the consumption of beer and wine on the premises, to allow for private garden parties and live musical entertainment, in a manner in accord with the City of Temecula General Plan and Development Code. B. The Applications were 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 Applications and environmental review on April 15, 2009, 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 Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA08-0276 subject to the attached Conditions of Approval, and based upon, the findings set forth hereunder. At the conclusion of the Commission hearing and after due consideration of the testimony, the Planning Commission approved PA08-0220, a Finding of Public Convenience or Necessity, based upon the findings set forth and attached herein, to authorize the Type-42 license permitted by the approval of the Minor Conditional Use Permit. 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; The proposed conditional use is consistent with the specific goals and policies outlined in the General Plan that are intended to be implemented in the Old Town area. The General Plan states that the Old Town area should be utilized to promote tourism and enhance the wine-making industry and related activities within the City. The proposed project will enhance the wine making and tourist industry in Old Town. Additionally, the General Plan identifies typical uses that are anticipated in the underlying land use designation of Community Commercial (CC). These land uses includes retail and service oriented businesses which serve the entire community. The project is located within the Tourist Retail Core of Old Town and the General Plan indicates that Old Town continues to be a strong identification and destination point for the City. According to the Old Town Specific Plan, typical uses that may occur or be developed in the Tourist Retail Core are uses that support the pedestrian oriented core and include small scale boutique and retail type businesses. The proposed conditional use is consistent with the Old Town Specific Plan and with the Development Code. The Old Town Specific Plan indicates that Old Town should be developed to promote local and tourist oriented development and uses that add to the "thematic" ambiance of Old Town. The proposed project, as conditioned, is anticipated to enhance the vibrancy in the Old Town area. B. The proposed conditional use is compatible with the nature, condition, and development of adjacent uses, building and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures; The proposed conditional use is compatible with the nature, condition and development of adjacent uses, building and structures. The Painted Garden is located within a primarily developed area in the Tourist Retail Core in Old Town. The surrounding uses include a variety of retail type uses that include small boutiques, specialty stores, wine tasting establishments and restaurants. Many of the restaurants and wine bars also offer live entertainment. Considering the surrounding uses and the nature of development surrounding The Painted Garden, the proposed conditional use is compatible with the uses and land use patterns in the immediate vicinity. The proposed conditional use will not adversely affect the adjacent uses, building or structure. The Painted Garden is currently operating as a retail store and the addition of the sale and serving of beer and wine, as well as the live entertainment is consistent with the surrounding uses, buildings and structures. The surrounding uses are primarily retail uses and the project has been conditioned to anticipate and minimize any potential land use compatibility concerns. The noise generated from the establishment will be consistent with the General Plan noise threshold and the number of people permitted to be on the premises is required to be consistent with all building and fire codes. The project also meets the 500-foot sensitive use separation requirement that is required by the Development Code. C. 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 required by the Planning Commission or City 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. The proposed project does not involve the physical expansion of the premises. Therefore, it has been determined that all of the yards, walls, fences, parking, loading, buffer areas, landscaping and development features that exist on the site are adequate. The Painted Garden is an existing business and the approval of the conditionally permitted use to occur on the premises does not warrant any additional development features to better integrate the use with the other uses in the neighborhood. A number of operating restrictions including hours of operation, hours for live entertainment, occupancy limitations and noise limitations will ensure that the conditionally permitted use will integrate with the other uses in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and welfare of the community; The nature of the proposed conditional use is not detrimental to the health, safety and welfare of the community. The project has been reviewed by the Planning Department, Building and Safety Department, Community Services Department, Fire Prevention Bureau and City of Temecula Police Department, and Conditions of Approval have been issued to ensure and maintain the health, safety and welfare of the community service. A number of operating restrictions, that have been required as Conditions of Approval for this project including hours of operation, hours for live entertainment, occupancy limitations and noise limitations will ensure that the conditionally permitted use will not be detrimental to the health, safety and welfare of the community. The project also meets the 500-foot sensitive use separation requirement that is required by the Development Code to ensure that sensitive uses will not be disturbed by this use. Public Convenience or Necessity - Development Code Section 17.10.020.6.5 E. The proposed use is consistent with the General Plan and the Development Code; The proposed use is consistent with the specific policies and goals outlined in the City's General Plan that are to be implemented within the Old Town area. The General Plan states that the Old Town area should be utilized to promote tourism and enhance the wine-making industry and related activities within the City. The proposed project is also consistent with the Development Code and Old Town Specific Plan. The Old Town Specific Plan indicates that Old Town should be developed to provide local and tourist oriented retail services and promote existing development and uses that add to the "thematic" ambiance of the Old Town area with uses such as wine tasting facilities. The proposed project is anticipated to enhance the vibrancy in the Old Town area. F. The proposed use is compatible with the nature, condition and character of the adjacent land uses; The proposed project is compatible with the nature, condition and character of adjacent land uses. The project is surrounded by primarily commercial retail type uses and restaurants, and the authorization of the Type-42 ABC license is not anticipated to have an adverse effect on the surrounding businesses. The adjacent land uses are compatible with The Painted Garden's current proposal to sell beer and wine by the glass on the premises. In addition, there are other similar establishments that offer the sale of beer and wine by the glass in the Old Town area that add to the character and ambiance of the area. G. The proposed use would not have an adverse affect on adjacent land uses; It is not anticipated that the proposed use will have an adverse affect on adjacent land uses, as all of the adjacent land uses are primarily commercial retail type uses, and the proposed project is anticipated to add to the tourist oriented services that currently exist in the Old Town area. Additionally, a number of operating restrictions, that have been required as Conditions of Approval for this project including hours of operation, hours for live entertainment, occupancy limitations and noise limitations will ensure that the conditionally permitted use will not be detrimental to the health, safety and welfare of the community. H. The proposed use would not result in an excessive number of similar establishments in close proximity; The proposed use would not result in an excessive number of similar establishments in close proximity. The Temecula Valley Cheese Company, Stellar Cellars, Temecula Beer and Wine Garden and Zarka Cigar lounge are currently in operation within the census tract and hold a Type-42 license to allow for the serving and sale of beer and wine by the glass. However, these establishments are not located in the immediate proximity to one another and each offers a unique experience that contributes to the vitality of the Old Town and the surrounding area. The addition of The Painted Garden is anticipated to further enhance the reputation of the Temecula Valley as being known for its high quality wine-related industry. In regard to the over concentration of existing licenses in the census tract, three on-sale licenses are allowed before census tract 0432.15 is considered to be over-concentrated by ABC's standards. However, it is important to note that the over-concentration of ABC licenses is based upon the residential population in the census tract area. The number of people living in census tract 0432.15 is relatively small in comparison to other census tracts within the City which reflects a smaller number of allowable licenses in the census tract. Type-42 licenses are generally issued to establishments where the serving, sale and consumption of beer and wine by the glass will occur, and although there are 71 on-sale licenses existing in the census tract and three are allowed before over concentration exists, the majority of the on-sale licenses have been issued to restaurant establishments which do not require a tending of Public Convenience or Necessity. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Minor Conditional Use Permit Application and the Finding of 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 pursuant to CEQA Section 15301, Class 1 Existing Facilities; In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review pursuant to CEQA Section 15301, Class 1 Exisitng Facilities. The key consideration in determining whether a project qualifies for the Class 1 exemption is to analyze whether the project involves negligible or no expansion of an existing use. The Painted Garden is currently operating as a retail shop in the Old Town area. The issuance of the Conditional Use Permit and Finding of Public Convenience or Necessity to authorize the sale of beer and wine by the glass on the premises does not involve the physical expansion of the existing facility. The expanded use, which is a change from a primarily retail operation to a retail and wine bar operation constitutes a negligible expansion of the use and no adverse environmental impacts will occur as a result of the approval and issuance of the Conditional Use Permit. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA08-0276, A Minor Conditional Use Permit, to authorize The Painted Garden to have live entertainment (live or recorded music), private garden parties, and to authorize a Type-42 ABC license (on-sale beer and wine - public premises) to allow for the sale, serving and consumption of beer and wine by the glass on the premises, 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 15 day of April 2009. Stanley Harter, Chairman ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA } COUNTY OF RIVERSIDE }ss CITY OF TEMECULA } I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 09- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 15 day of April 2009, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA08-0276 Project Description: A Minor Conditional Use Permit to allow for The Painted Garden to have live entertainment (live or amplified music), private garden parties and to authorize a Type-42 ABC license (on-sale beer and wine public premises) to allow for the sale, serving and consumption of beer and wine by the glass on the premises Assessor's Parcel No.: 922-045-025 MSHCP Category: DIF Category: TUMF Category: Approval Date: Expiration Date: PLANNING DEPARTMENT N/A N/A N/A April 15, 2009 April 15, 2011 Within 48 Hours of the Approval of This Project PL-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)). General Requirements PL-2. The applicant and owner of the real property subject to this condition shall herebyagree 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 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. PL-3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-4. 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. PL-5. The City Planner may, upon an application being filed within 30 days prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. PL-6. This project and all subsequent projects within this site shall be consistentwith Specific Plan No. 5 (Old Town Specific Plan). PL-7. A separate building permit shall be required for all signage. PL-8. The applicant shall obtain a building permit, as determined applicable by the Building and Safety Department, for all proposed construction. PL-9. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL-10. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director 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. PL-11. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan. PL-12. The applicant shall complywith their Statement of Operations dated February 17, 2009, on file with the Planning Department, unless superseded by these Conditions of Approval. PL-13. The normal operating hours for the business shall be: Monday - closed; Tuesday - Thursday from 10 a.m. to 10 p.m.; Friday and Saturday from 10 a.m. to midnight; Sunday from 11 a.m. to 10 p.m. PL-14. Live entertainment shall be limited to acoustic instruments with controlled volume after 5 p.m. on weekends (Friday and Saturday nights). PL-15. The use of a stereo to play background music shall be permitted after 5 p.m. six days a week (Tuesday through Sunday). PL-16. The applicant shall comply with the City's Noise Ordinance and comply with the allowable noise thresholds in the General Plan. PL-17. The hours for the private garden parties shall be permitted to commence Tuesday through Sunday starting at 5 p.m. after the retail portion of the business is closed. The private parties will terminate in accordance with the normal operating hours for the business. PL-18. The allowable occupancyforthe private garden parties shall be in accordance with the maximum occupancy requirements, exiting requirements and restroom requirements, as determined by the Building and Safety Department and Fire Department. PL-19. The applicant shall post signs to indicate that minor under the age of 21 shall not be permitted to enter the designated wine bar area that is licensed by ABC. PL-20. The applicant shall maintain interiorfencing to ensure the separation of the retail portion of the business from the portion of the business that is licensed by ABC. PL-21. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL-22. The City, its City Planner, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modifythis 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 City Planner, Planning Commission and City Council is in addition to, and not in-lieu of, the right of the City, its City Planner, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permitapproved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit orforthe maintenance of any nuisance condition or other code violation thereon. PL-23. 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.E.A.D.) training from the California Department of Alcoholic Beverage Control. PL-24. 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 (951-676-5090). Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL-25. All site improvements shall be installed. PL-26. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. OUTSIDE AGENCIES PL-27. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated December 10, 2008, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT General Conditionsfinformation B-1. All design components shall comply with applicable provisions of the 2007 edition of the California Building, Plumbing and Mechanical Codes; 2007 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. B-2. Submit at time of plan review, a complete exterior site lighting plan showing compliance with Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. B-3. Submit three copies of the plans and structural calculations for any proposed structures to the Building and Safety Department for review and approval. The structural plans and calculations shall be wet signed by the engineer of record. B-4. Submit two copies of plumbing and electrical plans for any proposed work for review and approval. The plumbing and electrical plans shall be stamped and wet signed by a registered professional engineer or architect licensed bythe State of California or bythe licensed electrical contractor completing the work. B-5. Obtain all building plans and permit approvals prior to commencement of any construction work. COMMUNITY SERVICES DEPARTMENT CS-1. If any building permits are required for anytenant improvements, arrangementwill need to be made with the City's franchised hauler for construction and demolition debris prior to the insurance of building permits. FIRE PREVENTION General Requirements F-1. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. F-2. Heating and cooking equipment shall not be located within 10 feet of exits or combustible material (CFC Section 2404.15.3). F-3. Provide fire extinguishers spaced every 75feet (CFC 2404.12 and 906.1, Table 906.3(1)). F-4. Extension cords shall be of a commercial type and be in good working condition. Extension cords shall not be subjected to physical damage. Extension cords shall be maintained in good condition without splices, deterioration or damage (CFC Section 605.5). F-5. Provide an approved self-luminous exit signs or illuminated exit signs supplied by two separate circuits, one of with shall be separate from all other circuits, at required exits and where otherwise needed to clearly indicate the direction of egress (CFC Section 2403.12.6.1). POLICE DEPARTMENT PD-1. Applicant has applied for a Type 42 License (On-Sale Beer & Wine - Bar, Tavern). A Type 42 license authorizes the sale of beer, wine for consumption on or off the premises where sold. Food Service is not required. PD-2. Applicant will comply with Ordinance 97-07,9.14.010 Temecula Municipal Code series, Consumption of Alcoholic Beverages in Public Prohibited. PD-3. 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 anyof 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, and County or City agency. PD-4. As noted above, only a valid government issued identification card issued bya 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). PD-5. Licensees may not sell, give, or deliver alcohol (by the drink or bythe 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). PD-6. 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 anytime 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). PD-7. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages are 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 working at the Painted Garden. Contact the Crime Prevention and Plans Officer at (951) 695-2773 to set up a training date. Training must be completed prior to opening with the Type 42 ABC license. Updated training is required when new employees / management are hired. PD-8. 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. PD-9. Sales and consumption of alcohol shall take place only within the designated wine bar area of the business. Under no circumstances is alcohol to be consumed in the retail area of the establishment. PD-10. Wine bar area shall be illuminated so as to eliminate any shadowed areas that would cause a safety hazard to patrons or officers responding to any emergency. PD-11. As exterior fence is not highly secure, all alcohol shall be stored in a securely locked cabinet or container or a secure room during non business hours so as to prevent theft. An employee must be present in the wine bar area at all times during business hours to ensure no minors are present in wine bar area and to ensure the security of the alcohol. Z~& City of Temecula Planning Department c/o Katie Lecomte PO BOX 9033 Temecula, CA 92589-9033 10 December 2008 RE: PA08-0276 DEC 15 2008 The Department of Environmental Health (DEH) has received and reviewed the PA08- 0276 for a Minor Use Permit (MUP) to authorize a Type-42 ABC license to allow for the consumption of beer and wine on the premises. The MUP will permit to authorize a full bar which includes the service of beer, wine and distilled spirits in the building, under the applicant: The Painted Garden (Lorena Spencer) The MUP application is also for the allowance of private catered parties and live music at this building located on the 28657 B Old Town Front Street (APN 922-045-025) which is connected to a potable water line and sanitary sewer from the closest purveyor. A current water and sewer bill shall be required by the City of Temecula at time of issuance of the ABC license submittal to the City. Any food vending or restaurant use of the building shall require food plan check compliance by the County of Riverside DEH. If your have any questions, please do not hesitate to call me at 951.955.8980 Sincerely, Gregor Dellenbach, REHS EHS081609 Land Use and W'atcr Etng:x.ee'!- O(c a CO' TY OF RIVERSIDE • COMM, ITY HEALTH AGENCY DEPARTMENT OF ENVIRONMENTAL HEALTH i t.~ ;1°?.62 (~.1` 5DO-6180 -FAX (951) 600-6181 jno Swbm +ia>Q The Painted Garden is located at 28657B Old Town Front Street, Temecula, CA 02590 Telephone 951 676-6494 Owner: Lorena Spencer, 32034 Corte Bacarro, Temecula, CA 92592 Plan included. STATEMENT OF OPERATIONS Hours and days of operation: six days a week (closed Monday). 11 a.m to 10 p.m., Tuesday through Thursday; Friday: 11 a.m. to midnight; Saturday: 11 a.m. to midnight; Sunday: 11 a.m. to 10 p.m: Alcohol will be available at all hours of business, meaning no one under 21 years of age will be allowed on the premises. Pre- packaged snacks will be available for purchase during all business hours in the bar area, not in the retail area. During winter months, closing times may be earlier due to weather conditions. Private parties: I request permission to renew my permit for private parties that is scheduled to expire on March 1, 2009. One amendment would be no minors allowed with a 42 License. Proposed hours for private parties: after 5 p.m. when retail store is closed, seven days a week. Employees: myself, caterers during private parties and part-time help until full-time assistant is necessary. Required parking: not required by City of Temecula. Average daily peak trips generated: 20. Type of equipment or processes used: existing cement tables on the premises along with bistro tables provided as needed, a bar to be constructed on the south wall of the Welty Building, as shown on the floor plan, to accommodate a sink and refrigeration for wine and beer with door locks to protect contents; a refrigerator in office area with a lock. Description of hazardous materials: none exist. Other descriptions that effectively describe the proposed use: existing garden/patio setting remains intact as in the enclosed plan. Security plan: 6-foot fence on Front and Main streets; signs posted that minors are not allowed; patio completely enclosed. Approximate percentage of store products devoted to alcohol: 25 percent. Old Town has no parking requirements in its ordinances. Parking is available along Front Street and next to Nanas antique store. Local caterers provide food for private parties. Live entertainment, limited to acoustic instruments with controlled volume and impact, is an option for an intimate, low-key ambience from 5 p.m. to closing on weekends. A house CD is available from 5 p.m. six days a week (excluding Monday). Businesses in the Welty Building are closed by 5 p.m. Most businesses, other than restaurants and bars, will be closed at 5 p.m. Other establishments in surrounding area: Businesses in the Welty Building are closed by 5 p.m. Most businesses, other than restaurants and bars, close at 5 p.m. The Bank, directly across the street on Main Street, has live entertainment on weekends. Right next to the Shire on Front Street, which closes at 5, The Public also has live music late at night. Please refer to site plan for names of various businesses near the Garden. Residents: The only ones nearby are upstairs in the Welty Building, two lofts under construction. Bill Lackey, building owner, will have in their contract that they're aware of live entertainment nearby. Wines available: from all over the world. The plan is to contact local wineries to see if they are interested in making their products available. I am open to educational wine testing in time, but that will depend on the cooperation and interest ofthe wineries. A lighting system exists on the grounds. No additional structures are needed. Two restrooms are available on the premises in the Welty Building, one certified as a handicapped facility. Wheelchairs are accessible throughout the Garden as shown on the submitted plan. 2000 Census Tract Boundaries 043212 43217 R r r 7y von ' _ ' vV43222 3000 0 3000 6000 Feet Department of Alcoholic Beverage Control COMMON ABC LICENSE TYPES AND THEIR BASIC PRIVILEGES State of Califomia IJCENSE. TYPE D E SCRfPT10N ' -01 , , BEER MANUFACTURER - (Large Brewery) Authorizes the sale of beer to any person holding a license authorizing the sale of beer, and to consumers for consumption on or off the manufacturer's licensed premises. Without any additional licenses, may sell beer and wine, regardless of source, to consumers for consumption at a bona fide public eating place on the manufacturer's licensed premises or at a bona fide eating place contiguous to the manufacturer's licensed premises. May conduct beer tastings under s ecifred conditions Section 23357.3. Minors are allowed on the remises. 02 WINEGROWER - (Winery) Authorizes the sale of wine and brandy to any person holding a license authorizing the sale of wine and brandy, and to consumers for consumption off the premises where sold. Authorizes the sale of all wines and brandies, regardless of source, to consumers for consumption on the premises in a bona fide eating place that is located on the licensed premises or on premises owned by the licensee that are contiguous to the licensed premises and operated by and for the licensee. May possess wine and brandy for use in the preparation of food and beverage to be consumed at the bona fide eating place. May conduct winetastings under prescribed conditions (Section 23356.1; Rule 53). Minors are allowed on the remises. 20' OFF SALE BEER & WINE- (Package Store) Authorizes the sale of beer and wine for consumption off the remises where sold. Minors are allowed on the remises. 21 OFF SALE GENERAL - (Package Store) Authorizes the sale of beer, wine and distilled spirits for consumption off the remises where sold. Minors are allowed on the remises. SMALL BEER MANUFACTURER - (Brew Pub or Micro-brewery) Authorizes the same privileges and t - 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. 40 ON SALE BEER - (Bar, Tavern) Authorizes the sale of beer for consumption on or off the premises where sold. No wine or distilled spirits maybe on the premises. Full meals are not required; however, n z sandwiches or snacks must be available. Minors are allowed on the remises. 41 ON SALE BEER & WINE -EATING PLACE -(Restaurant) Authorizes the sale of beer and wine for consumption on or off the premises where sold. Distilled spirits may not be on the premises (except - brandy, rum, or liqueurs for use solely for cooking purposes). Must operate and maintain the licensed - premises as a bona fide eating place. Must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. Normal mealtimes are 6:00 a.m. - 9:00 a.m., 11:00 a.m. - 2:00 p.m., and 6:00 p.m. - 9:00 p.m. Premises that are not open five days a week must serve meals on the days the are open. Minors are allowed on the remises. ON SALE BEER & WINE - PUBLIC PREMISES - (Bar, Tavern) Authorizes the sale of beer and wine for consumption on or off the premises where sold. No distilled spirits may be on the premises. Minors are not allowed to enter and remain (see Section 25663.5 for exception, musicians). Food service is not required. 47 ON SALE GENERAL -EATING PLACE - (Restaurant) Authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises. Authorizes the sale of beer and wine for consumption off the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. Normal mealtimes are 6:00 a.m. - 9:00 a.m., 11:00 a.m. - 2:00 p.m., and 6:00 p.m. - 9:00 p.m. Premises that are not open five days a week must serve meals on the days they are open. Minors are allowed on the remises. 48 ON SALE GENERAL - PUBLIC PREMISES - (Bar, Night Club) Authorizes the sale of beer, wine and distilled spirits for consumption on the premises where sold. Authorizes the sale of beer and wine for consumption off the premises where sold. Minors are not allowed to enter and remain (see Section 25663.5 for exce tion, musicians). Food service is not required. 49 ON SALE GENERAL - SEASONAL - Authorizes the same privileges and restrictions as provided for a Type 47 license except it is issued for a specific season. Inclusive dates of operation are listed on the license certificate. ?SEE UL,9T10 G ~ Z ye, 9~ E COBOL A~ . ABC-616 (4104) LICENSE, APE" - v DE"S (3"RIP, T,I o, N 51' CLUB - Authorizes the sale of beer, wine and distilled spirits, to members and guests only, for consumption on the premises where sold. No off-sale privileges. Food service is not required. Minors are allowed on the remises. 52 VETERAN'S CLUB - Authorizes the sale of beer, wine and distilled spirits, to members and guests only, for consumption on the premises where sold. Authorizes the sale of beer and wine, to members and guest only, for consumption off the licensed premises. Food service is not required. Minors are allowed on the remises. 57" SPECIAL ON SALE GENERAL - Generally issued to certain organizations who cannot qualify for club licenses. Authorizes the sale of beer, wine and distilled spirits, to members and guests only, for consumption on the premises where sold. Authorizes the sale of beer and wine, to members and guests only, for consumption off the licensed premises. Food service is not required. Minors are allowed on the remises. 59' , ON SALE BEER AND WINE - SEASONAL - Authorizes the same privileges as a Type 41. Issued for a specific season. Inclusive dates of operation are listed on the license certificate. ON SALE BEER - SEASONAL - Authorizes the sale of beer only for consumption on or off the premises where sold. Issued for a specific season. Inclusive dates of operation are listed on the license certificate. Wine or distilled spirits may not be on the remises. Minors are allowed on the remises. 61 ON SALE BEER- PUBLIC PREMISES - (Bar, Tavern) Authorizes the sale of beer only for consumption on or off the licensed premises. Wine or distilled spirits may not be on the premises. Minors arc not allowed to enter and remain (warning signs required). Food service is not required. BED AND BREAKFAST INN -Authorizes the sale of wine purchased from a licensed winegrower or wine wholesaler only to registered guests of the establishment for consumption on the premises. No beer - or distilled spirits may be on the premises. Wine shall not be given away to guests, but the price of the - wine shall be included in the price of the overnight transient occupancy accommodation. Removal of wine from the grounds is not permitted. Minors are allowed on the remises. 70 ON SALE GENERAL - RESTRICTIVE SERVICE - Authorizes the sale or furnishing of beer, wine and distilled spirits for consumption on the premises to the establishment's overnight transient occupancy guests or their invitees. This license is normally issued to "suite-type" hotels and motels, which exercise the license privileges for guests' "complimentary" happy hour. Minors are allowed on the remises. ON SALE GENERAL - BREWPUB - (Restaurant) Authorizes the sale of beer, wine and distilled spirits for consumption on a bona fide eating place plus a limited amount of brewing of beer. Also authorizes the sale of beer and wine only for consumption off the premises where sold. Minors are allowed on the .w remises. $0 BED AND BREAKFAST INN - GENERAL - Authorizes the sale of beer, wine and distilled spirits purchased from a licensed wholesaler or winegrower only to registered guests of the establishment for consumption on the premises. Alcoholic beverages shall not be given away to guests, but the price of the alcoholic beverage shall be included in the price of the overnight transient occupancy accommodation. Removal of alcoholic beverages from the grounds is not permitted. Minors are allowed on the remises. 0E Wo' T fo2 9~ a- f CbyOL AHo ABC-616 (4/04) Sensitive Use 500' Buffer i i < PA08-0276 / X .ui / Highway ~J Religious Facilities 0 Parks \ \ Ft~~ i :Schools City Boundary o zeo ~~soo /I Z, Feet l Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No: Applicant: Proposal: Environmental: Case Planner: PA08-0276 and PA08-0220 Ms. Lorena Spencer A Minor Conditional Use Permit to authorize The Painted Garden to have entertainment (live or recorded music), private garden parties, and to authorize a Type-42 ABC license (on-sale beer and wine - public premises) to allow for the sale, serving and consumption of beer and wine by the glass on the premises, and a Finding of Public Convenience or Necessity for the ABC license, located on the southwest corner of Old Town Front Street and Main Street In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be filed in compliance with CEQA (Section 15301, Class 1 Existing Facilities) Katie Innes, (951) 506-5198 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: April 15, 2009 Time of Hearing: 6:00 p.m. Any person may submit written comments to the Planning Commission before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of the hearing. Any petition for judicial review of a decision of the Planning Commission is controlled by the statute of limitations provisions set forth in Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. Any action or proceeding to attack, review, set aside, or void any decision of the Planning Commission is controlled by Chapter 2.36 of the Temecula Municipal Code. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission, shall be limited to those issues raised at the hearing as provided in Chapter 2.36 of the Temecula Municipal Code. Copies of the procedures for the conduct of City Council, Planning Commission, and Planning Director public hearings are available from the City Clerk. If you wish to challenge the above [project] in court, the challenge will be limited to only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice, and must be commenced within the time limit specified in Section 1094.5 and Section 1094.6 of the California Code of Civil Procedure. The proposed project application may be viewed at the City of Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner, Katie Innes at (951) 506-5198.