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HomeMy WebLinkAbout09-007 PC ResolutionPC RESOLUTION NO. 09-07 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 28657 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 May 6, 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 finding 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 6th day of May 2009. Stanley Harter, Chairman ATTEST: Patrick Richardson, Secretary [SEAL]" STATE OF CALIFORNIA ) COUNTY-OF RIVER251]DE )ss CITY OF-TEMECUL/A ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 09-07 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 6th day of May 2009, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Carey, Chiniaeff, Guerriero, Harter, Telesio NOES: 0 PLANNING COMMISSIONERS: ABSENT: 0 PLANNING COMMISSIONERS: ABSTAIN: 0 PLANNING COMMISSIONERS: None None None Patrick Richardson, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL 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: N/A DIF Category: N/A TUMF Category: N/A Approval Date: May 6, 2009 Expiration Date: May 6, 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 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 comply with 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 occupancy for the 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 interior fencing 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 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-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 Conditions/Information B-1. All design components shall complywith 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 by the State of California or by the 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 foranytenant 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 complywith 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 any of the 50 States or Territories of the United States; (e) valid U.S. Passport; (f) valid government issued identification card issued by a Federal, State, and County or City agency. PD-4. As noted above, only a valid government issued identification card issued by a Federal, State, County or City agency is acceptable, providing it complies with Section 25660 of the Business and Profession Code (B&P), which includes the following requirements: (a) name of person; (b) date of birth; (c) physical description; (d) photograph; (e) currently valid (not expired). PD-5. Licensees may not sell, give, or deliver alcohol (bythe drink orbythe 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, 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 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 setup 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 priorto 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.