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HomeMy WebLinkAbout09_006 DH Resolution DH RESOLUTION NO. 09-006 A RESOLUTION OF THE CITY PLANNER OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0129, A MINOR CONDITIONAL USE PERMIT TO AUTHORIZE TEMECULA VALLEY CHEESE COMPANY TO SERVE WINE AND BEER BY THE GLASS (TYPE-42 ABC LICENSE) THEIR EXISTING FACILITY, AND TO ALLOW THE BUSINESS TO SELL PACKAGED BEER AND WINE (TYPE-20 LICENSE) FOR CONSUMPTION OFF THE PREMISES, LOCATED AT 42072 5TH STREET (APN: 922-035-022) Section 1. Procedural Findings. The City Planner of the City of Temecula does hereby find, determine and declare that: A. On February 26, 2009, Shawna Smoot filed Planning Application No. PA07-0129, a Minor Conditional Use Permit Application in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The City Planner, at a regular meeting, considered the Application and environmental review on April 9, 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 Director's Hearing and after due consideration of the testimony, the City Planner approved Planning Application No. PA07-0129, subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA07-0129 conformed to the City of Temecula's General Plan, Development Code and Old Town Specific Plan. Section 2. Further Findings. The City Planner, in approving Planning Application No. PA07-0129, hereby makes the following findings as required by Development Code Section 17.04.010 (E) - Conditional Use Permit: A. 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 include retail and service oriented businesses which serve the entire community. The project is located within the Tourist Retail Core of the Old Town Specific Plan 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 boutiques 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 Temecula Valley Cheese Company 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 Temecula Valley Cheese Company, 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 Temecula Valley Cheese Company is currently operating as a retail store and fine cheese purveyor, and the addition of the sale and serving of beer and wine by the glass is consistent with the surrounding uses, buildings and structures. The project has been conditioned to minimize any potential land use compatibility concerns. 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 Temecula Valley Cheese Company 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. As conditioned, the 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, 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. 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 impacted by this use. Section 3. Environmental Findings. The City Planner hereby makes the following environmental findings and determinations in connection with the approval of the Mlnor Conditional Use Permit Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review 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 Temecula Valley Cheese Company is currently operating as a specialty retail shop in the Old Town area. The issuance of the Conditional Use Permit 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 proposed project is a land use approval and will not involve any physical expansion of the premises or construction. The project involves a negligible expansion of the existing 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 City Planner of the City of Temecula approves Planning Application No. PA07-0129, a Minor Conditional Use Permit to authorize Temecula Valley Cheese Company, located at 42072 5th Street, to serve wine and beer by the glass (Type-42 ABC license) at their existing facility, and to allow the business to sell packaged beer and wine (Type-20 license) for consumption off 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 City Planner this 9th day of April 2009 Z~a' Patrick Richardson, City Planner I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 09-006 was duly and regularly adopted by the City Planner of the City of Temecula at a regular meeting thereof held on the 9th day of April, 2009. 17 Cynthia r ccia, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLUS: INITIALS: PLANNER: EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA07-0129 Project Description: A Minor Conditional Use Permit to authorize Temecula Valley Cheese Company to serve wine and beer by the glass their existing facility (Type-42 license), and to allow the business to sell packaged beer and wine (Type-20 license) for consumption off the premises, located at 42072 5`h Street Assessor's Parcel No.: 922-035-022 MSHCP Category: N/A DIF Category: N/A TUMF Category: N/A Approval Date: April 9, 2009 Expiration Date: April 9, 2011 PLANNING DEPARTMENT 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 hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages 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 consistent with Specific Plan No. 5- Old Town Specific Plan. PL-7. A separate building permit shall be required for all signage. PL-8. The development of the premises shall substantially conform to the approved site plan and floor plan contained on file with the Planning Department. PL-9. The applicant shall comply with their Statement of Operations attached hereto and on file with the Planning Department, unless superseded by these Conditions of Approval. PL-10. The normal operating hours for the business shall be as follows: Monday - Thursday from 10:00 a.m. to 6:00 p.m.; Fridays and Saturdays from 10 a.m. to 6:00 p.m.; Sunday from 11 a.m. to 5:00 p.m. PLA 1. The hours of operations for special events are as follows: weekdays from 6:00 p.m. to 11:30 p.m. and weekends from 7:00 p.m. to midnight. PL-12. This Conditional Use Permit may be revoked pursuantto Section 17.03.080 of the City's Development Code. PL-13. The applicant shall ensure that minors do not enter and remain the portion of the business that is licensed for the Type-42 ABC license. The applicant shall continue to post and maintain all signage which indicates that minors are not permitted to enter and remain in the portion of the business that is licensed for the Type-42 ABC license. PL-14. The City, its City Planner, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its 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 Permit approved 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-15. 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-16. 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). POLICE DEPARTMENT PD-1. Applicant has applied for a Type 20 (Off Sale Beer & Wine) (Package Store) through the Riverside District Office of Alcoholic Beverage Control. Authorizes the sale of beer, wine for consumption off the premises where sold. Minors are allowed on the premises. PD-2. Applicant has also applied for a Type 42 (On Sale Beer & Wine - Public Premises - Bar, Tavern) Authorizes the sale of beer and wine for consumption on or off the premises where sold. Food service is not required. PD-3. Applicant will comply with City Ordinance 97-07, (9.14.010 Temecula Municipal Code series). PD-4. Identification will be verified utilizing one of the following: A valid California Driver's License, a valid California Identification Card, a valid Military Identification Card (Active/Reserve/Retired/Dependent), a valid Driver's License from any of the 50 States or Territories of the United States, a valid U.S. Passport, a valid government issued identification card issued by a Federal, State, County or City agency. PD-5. As noted above, only a valid government issued identification card issued by a federal, state, county or city agency is acceptable, providing it complies with the following requirements (25660 Business and Profession Code):Name of person, date of birth, physical description, Photograph, Currently valid (not expired). PD-6. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. 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 setup a training session for all new employees working at Temecula Valley Cheese Company. Contact the Crime Prevention and Plans Officer at (951) 695-2773 or (951) 506-6793 to set up a training date. Training must be completed prior to the grand opening of this business and periodic updated training when new employees/ management are hired. PD-7. Pay Telephones: 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-8. After Hours: Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (Section 25632 B&P). PD-9. Authority of Peace Officers/Refusing Inspection: Police officers, sheriffs' deputies, and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer (Sections. 25616, 25753, and 25755 B&P; 148 and 241(b) PC). PD-10. Post "No Loitering" signs upon written notice from the ABC. PD-11. Post "No Open Container" signs upon written notice from the ABC. PD-12. No alcohol consumption inside a store or outside a bar or tavern. PD-13. Illuminate the exterior of the premises, including adjacent public sidewalks and parking lots under the licensee's control, during all hours of darkness when open for business. PD-14. Remove litter daily from the premises, adjacent sidewalks and parking lots under licensee's control and sweep/clean these areas weekly. PD-15. Remove graffiti from premises and parking lot. PD-16. Have no more than 33% of windows covered with advertising or signs. PD-17. Have incoming calls blocked at pay phones upon request of local law enforcement or ABC; (see item 6 above). PD-18. Have a copy of the operating standards available during normal business hours for viewing by the general public (Section 25612.5 (c ) B&P) PD-19. Applicant must define and clearly separate the areas between the Type 20 and Type 42 licenses with items such as an interior dividing wall, gate, and or room partition. PD-20. Applicant must insure the business has all the proper signage for the Type 20, which minors are allowed on the premises and Type 42, which minors are not allowed to enter and remain in that particular area.