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HomeMy WebLinkAbout09-018 PC ResollutionPC RESOLUTION NO. 09-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NOS. PA09-0229 AND PA09-0230, A CONDITIONAL USE PERMIT AND AN ASSOCIATED FINDING OF PUBLIC CONVENIENCE OR NECESSITY TO AUTHORIZE GRANNY'S GRAPES OF THE VINE TO SELL WINE AND BEER FOR ON-SITE CONSUMPTION (TYPE- 42 ABC LICENSE) IN AN EXISTING BUILDING LOCATED AT 28450 FELIX VALDEZ ROAD (APN 921-280-008 AND 921-280-012) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On July 15, 2009, William Cresswell filed Planning Application No. PA09- 0229, Conditional Use Permit Application, and Planning Application PA09-0230, 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 19, 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. PA09-0229 and PA09-0230 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 Service Commercial (SC) zoning district. The proposed use is consistent with the City of Temecula General Plan which specifies that the Service Commercial (SC) designation includes retail, commercial, and service oriented business activities serving the 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 area. The proposed conditional use will provide additional convenience for the community, and allow the business to be competitive with other establishments in the 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 proposed use. All yards, walls, fences, loading facilities, buffer areas, landscaping and other development features described in the City of Temecula Development Code exist and are not affected by the proposed use. 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 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 17.10.020.6.5) 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 Service Commercial (SC) zoning district. The proposed use is consistent with the City of Temecula General Plan which specifies that the Service Commercial (SC) designation includes retail, commercial, and service oriented business activities serving the 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 retail furniture building within the Service Commercial (SC) zoning district. This building and the surrounding area includes other retail and service commercial oriented businesses. The on-site consumption of wine and beer 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 in the area. I. 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 and this is the only establishment of this type within the surrounding area. Section 3. 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 area of the City. 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 and the General Plan. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application Nos. PA09-0229 and PA09-0230, a Conditional Use Permit and an associated Finding of Public Convenience or Necessity for Granny's Grapes of the Vine to operate a wine bar with a Type-42 ABC license, located at 28450 Felix Valdez Road, 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 19th day of August 2009. Stanley Harter, Chairman ATTEST- Patrick Richardson, Secretary .STATE OF CALIFORNIA ) C.OUNT`',c"F/RIVERSIDE )ss CITY OF TEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 09-18 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 19th day of August 2009, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Kight, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None ell- Patrick Richardson, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA09-0229 and PA09-0230 Project Description: A Conditional Use Permit and an associated Finding of Public Convenience or Necessity to authorize Granny's Grapes of the Vine to sell wine and beer for on-site consumption (Type-42 ABC license) in an existing building located at 28450 Felix Valdez Road Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Approval Date: Expiration Date: PLANNING DEPARTMENT 921-280-008 and 921-280-012 N/A N/A N/A August 19, 2009 August 19, 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 staff's 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 July 15, 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). PL-13. No minors are permitted to be within the secure wine and beer sales area. PL-14. Alcohol shall not be consumed outside the secure wine and beer sales area. PL-15. No live entertainment is permitted with this approval. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL-16. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 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 and wine for consumption on or off the premises where sold. Food Service is not required. Minors are not allowed to enter and remain. Applicant has also applied for a Type 20 license (Off Sale Beer & Wine - package store). A type 20 license authorizes the sale of beer and wine for consumption off the licensed premises. PD-2. Applicant will comply with Temecula Municipal Code section 9.14.010, 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 additional 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. Contact the Crime Prevention and Plans Officer at (951) 695- 2773 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. PD-9. The beer and wine sales area of the business shall be adequately illuminated to prevent dark areas. PD-10. The beer and wine sales area must be monitored at all times by a properly trained employee to prevent the consumption of alcohol by minors. PDA 1. When the main business is accessible to the public but the beer and wine sales area is closed, the beer and wine sales area must be secured to prevent theft of alcohol.