HomeMy WebLinkAbout09-017 PC ResolutionPC RESOLUTION NO. 09-17
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NOS. PA09-0170 AND PA09-0226, A
CONDITIONAL USE PERMIT AND AN ASSOCIATED
FINDING OF PUBLIC CONVENIENCE OR NECESSITY TO
AUTHORIZE THE WINE COLLECTIVE TO SELL WINE
FOR CONSUMPTION ON OR OFF SITE (TYPE-42 ABC
LICENSE) IN THE EXISTING BUILDING LOCATED AT
28544 OLD TOWN FRONT STREET (APN 922-033-009)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On May 6, 2009, Rubaux Steyn filed Planning Application No. PA09-0170,
Conditional Use Permit Application, and on July 10, 2009, filed Planning Application
PA09-0226, Finding of Public Convenience or Necessity in a manner in accord with the
City of Temecula General Plan and Development Code.
B. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the
Application and environmental review on August 5, 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 Nos. PA09-0170 and
PA09-0226 subject to and based upon the findings set forth hereunder.
E. All legal preconditions to the adoption of the Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in approving the
Application hereby finds, determines and declares that:
Conditional Use Permit (Development Code Section 17.04.010E)
A. The proposed use 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 wine bar is a conditionally permitted use in the Old Town Specific
Plan (SP-5) zoning district. The proposed use is consistent with the City of
Temecula General Plan which specifies that the Community Commercial (CC)
designation includes retail, professional office, and service oriented business
activities serving the entire community. The site is properly planned and zoned,
and as conditioned, is physically suitable for the type of use proposed. The use,
as conditioned, is also consistent with other applicable requirements of State law
and local Ordinances, including the Department of Alcoholic Beverage Control
(ABC), California Environmental Quality Act (CEQA), and fire and building codes.
B. The proposed conditional use is compatible with the nature, condition and
development of adjacent uses, buildings 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, buildings and structures. The wine bar is
proposed in an existing building within a well developed retail commercial area.
The proposed conditional use will provide additional convenience for the
community, and allow the business to be competitive with other establishments in
the Old Town area. The conditional use has also been reviewed by the City of
Temecula Fire, Building and Safety, Public Works and Police Department to
ensure the sale of alcohol will operate safely and not affect any adjacent uses,
buildings or structures.
C. The site for a proposed conditional use is adequate in size and shape to
accommodate the yards, walls, fences, parking and loading facilities, buffer areas,
landscaping, and other development features prescribed in 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 conditional use is adequate in size and shape to accommodate
the yards, walls, fences, loading facilities, buffer areas, landscaping and other
development features described in the City of Temecula Development Code as
well as other governing regulations.
D. The nature of the proposed conditional use is not detrimental to the health,
safety and general welfare of the community;
The proposed project is consistent with the requirements outlined in the Old
Town Specific Plan (SP-5) and Chapter 17.04.010 and 17.10.208 of the City of
Temecula's Development Code. The requirements for the proposed conditional
use are intended to protect the health and safety of those in and around the site.
The City of Temecula Planning, Fire, Building and Safety, Public Works and
Police Departments have reviewed this Conditional Use Permit and determined
that it will not be detrimental to the health, safety and welfare of the community
as conditioned. In addition, the Riverside County Department of Environmental
Health has also reviewed and conditioned the project.
E. That the decision to conditionally approve the application for a Conditional
Use Permit be based on substantial evidence in view of the record as a whole before
the Planning Commission;
The decision to conditionally approve the application has been based on
substantial evidence in view of the record as a whole.
Findings of Public Convenience or Necessity (Development Code Section
17.10.020.13.5)
F. Is the proposed use consistent with the General Plan and the
Development Code;
The proposed wine bar is a conditionally permitted use in the Tourist Retail Core
(TRC) area of the Old Town Specific Plan (SP-5) zoning district. The proposed
use is consistent with the City of Temecula General Plan which specifies that the
Community Commercial (CC) designation includes retail, professional office, and
service oriented business activities serving the entire community. The site is
properly planned and zoned, and as conditioned, is physically suitable for the use
type proposed. The use, as conditioned, is also consistent with other applicable
requirements of State law and local ordinances, including the Department of
Alcoholic Beverage Control (ABC), California Environmental Quality Act (CEQA),
and fire and building codes.
G. Is the proposed use compatible with the nature, condition and character of
the adjacent land uses;
The wine bar is proposed in an existing commercial retail building within the Old
Town Specific Plan (SP-5) zoning district. This building and the surrounding area
includes other retail businesses, the on-site consumption of wine and off-site
retail sales at this location is compatible with the nature, condition and character
of adjacent land uses.
H. Will the proposed use 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 and
restaurant type uses, and the proposed project is anticipated to add to the
convenience and diversity of uses located within Old Town.
1. Would the proposed use result in an excessive number of similar
establishments in close proximity;
With regard to the over concentration of existing licenses in the Census Tract,
three licenses are allowed before Census Tract 0432.15 is considered to be
over-concentrated by ABC's standards. The 57 active on-sale licenses are
currently dispersed throughout the tract, therefore, the new license in the Census
Tract would not result in an excessive number of similar establishments in close
proximity.
J. Environmental Findings. The Planning Commission hereby makes the
following environmental findings and determinations in connection with the approval of
the Conditional Use Permit Application:
A. In accordance with the California Environmental Quality Act, the proposed
project has been deemed to be categorically exempt from further environmental review
(Section 15301, Class 1 Existing Facilities);
1. The request for a Minor Conditional Use Permit and Finding of Public
Convenience or Necessity for a Type-42 ABC license at the proposed site
will be conducted within an existing building in a developed retail
commercial area. All access and public utilities are available to the site.
The proposed use with issuance of a CUP is in conformance with all
zoning requirements of the Development Code, the Old Town Specific
Plan. and the General Plan.
Section 3. Conditions. The Planning Commission of the City of Temecula
approves Planning Application Nos. PA09-0170 and PA09-0226, a Conditional Use
Permit and an associated Finding of Public Convenience or Necessity for The Wine
Collective to operate a wine bar with a Type-42 ABC license, located at 28544 Old
Town Front Street, subject to the Conditions of Approval set forth on Exhibit A, attached
hereto, and incorporated herein by this reference.
Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 5th day of August 2009.
Stanley Harter, Chairman
ATTEST
Patrick. Richardson, Secretary
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I, Patrick Richardson, Secretary of the Temecula Planning Commission, do
hereby certify that the forgoing PC Resolution No. 09-17 was duly and regularly
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the 5th day of August 2009, by the following vote:
AYES: 5 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Kight,
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.: PA09-0170 and PA09-0226
Project Description: A Conditional Use Permit and an associated Finding of Public
Convenience or Necessity to authorize The Wine Collective to sell
wine for consumption on or off site (Type-42 ABC license) in the
existing building located at 28544 Old Town Front Street
Assessor's Parcel No.: 922-033-009
MSHCP Category:
DIF Category:
TUMF Category:
Approval Date:
Expiration Date:
PLANNING DEPARTMENT
N/A
N/A
N/A
August 5, 2009
August 5, 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 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 Planning Director 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. A separate building permit shall be required for all signage
PL-7. The Conditions of Approval specified in this resolution, to the extent specific items,
materials, equipment, techniques, finishes or similar matters are specified, shall be
deemed satisfied by staffs prior approval of the use or utilization of an item, material,
equipment, finish or technique that City staff determines to be the substantial equivalent
of that required by the Conditions of Approval. Staff may elect to reject the request to
substitute, in which case the real party in interest may appeal, after payment of the
regular cost of an appeal, the decision to the Planning Commission for its decision.
PL-8. The applicant shall comply with their Statement of Operations dated February 5, 2009,
on file with the Planning Department, unless superseded by these Conditions of
Approval.
PL-9. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's
Development Code.
PL-10. The City, its Planning Director, Planning Commission, and City Council retain and
reserve the right and jurisdiction to review and modify this Conditional Use Permit
(including the Conditions of Approval) based on changed circumstances. Changed
circumstances include, but are not limited to, the modification of 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
Planning Director, Planning Commission and City Council is in addition to, and not in-
lieu of, the right of the City, its Planning Director, Planning Commission, and City
Council to review, revoke or modify any Conditional Use Permit approved or
conditionally approved hereunder for any violations of the conditions imposed on such
Conditional Use Permit or for the maintenance of any nuisance condition or other code
violation thereon.
PL-11. 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-12. 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-13. Each parking space reserved for the handicapped shall be identified by a permanently
affixed reflectorized sign constructed of porcelain on steel, beaded text or equal,
displaying the International Symbol of Accessibility. The sign shall not be smaller than
70 square inches in area and shall be centered at the interior end of the parking space
at a minimum height of 80 inches from the bottom of the sign to the parking space
finished grade, or centered at a minimum height of 36 inches from the parking space
finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous
place, at each entrance to the off-street parking facility, not less than 17 inches by 22
inches, clearly and conspicuously stating the following:
"Unauthorized vehicles parked in designated accessible
spaces not displaying distinguishing placards or license
plates issued for persons with disabilities may be towed away
at owner's expense. Towed vehicles may be reclaimed by
telephoning (951) 696-3000."
PL-14. In addition to the above requirements, the surface of each parking place shall have a
surface identification sign duplicating the Symbol of Accessibility in blue paint of at least
three square feet in size.
PL-15. All of the foregoing conditions shall be complied with prior to occupancy or any use
allowed by this permit.
OUTSIDE AGENCIES
PL-16. The applicant shall comply with the recommendations set forth in the County of
Riverside Department of Environmental Health's transmittal dated May 20, 2009, a copy
of which is attached.
COMMUNITY SERVICES DEPARTMENT
General Conditions/Information
CS-1. The developer shall contact the City's franchised solid waste hauler for disposal of
construction and demolition debris. Only the City's franchisee may haul demolition and
construction debris.
Prior to Issuance of Building Permits
CS-2. The developer shall provide TCSD verification of arrangements made with the City's
franchise solid waste hauler for disposal of construction and demolition debris.
POLICE DEPARTMENT
General Requirements
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. Applicantwill complywith Ordinance 97-07,0.14.010 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 (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 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 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-7. 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 The Wine on a Dime. Contact the Crime Prevention and Plans
Officer at (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-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.
COL.4TY OF RIVERSIDE • COMMU, iITY HEALTH AGENCY
DEPARTMENT OF ENVIRONMENTAL HEALTH
City of Temecula p CE C IE o d[E
Planning Department
c/o Dana Schuma MAY 2 0 2009
PO BOX 9033
Temecula, CA 92589-9033
14 May 2009
RE: PA09-0170
The Department of Environmental Health (DEH) has received and reviewed the PA09-
0170 for the Minor Conditional Use Permit to allow for a wine bar with wine tasting and
retail (type 42 ABC license) located at 28544 Old Town Front Street under applicant:
The Wine Collective.
This CUP is required per the Conditions of Approval ncludes suites 1C and 2C. (APN
922-033-009).
The food facility shall require the applicant to contact this Department at 951.461.0284
for 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,
4091
Gregor Dellenbach, REHS
EHS090508
Local Enforcement Agency • P.O. Box 1280. Riverside. CA 92502-1280 • (951) 955-8982 • FAX (951) 781-9653 • 4080 Lemon Street. 91h Floor. Riverside. CA 92501
Land Use and Water Engineering • P.O. Box 1206. Riverside, CA 92502-1206 • (951) 955-8980 • FAX (951) 9558903 • 4080 Lemon Street, 2nd Floor. Riverside. CA 92501