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HomeMy WebLinkAbout030410 DH Agenda AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING March 4, 2010 1:30 P.M. TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: Patrick Richardson, Planning Director PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Planning Director on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Planning Director about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Planning Director. When you are called to speak, please come forward and state your name and address. Item No. 1 1:30 p.m. Project Number: PA09 -0335 Project Type: Minor Conditional Use Permit Project Title: Masia de Yabar Winery CUP Applicant: Waleed Jouzy Project Description: A Minor Conditional Use Permit to allow Masia de Yabar Winery to conduct live entertainment Location: 41955 5 1h Street Environmental Action: Exempt per CEQA Section 15301, Class 1 Existing Facilities Project Planner: Eric Jones The agenda packet (including staff reports) will be available for viewing at City Hall's Planning Department Public Counter located at 43200 Business Park Drive and at the Temecula Library located at 30600 Pauba Road during normal business hours. The packetwill be available for viewing the Friday before the Director's Hearing after 4:00 p.m. You may also access the packet the Friday before the meeting after 4:00 p.m. on the City's website at www.cityoftemecula.org. R: \Directors Hearing\Agendas \2010 \03 -04 -10 Agenda.doc STAFF REPORT — PLANNING CITY OF TEMECULA DIRECTOR'S HEARING DATE OF MEETING: March 4, 2010 PREPARED BY: Eric Jones, Case Planner PROJECT Planning Application Number PA09 -0335, a Minor Conditional Use SUMMARY: Permit to allow Masia De Yabar Winery to conduct live entertainment, located at 41955 5th Street RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15301, Class 1 Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Waleed Jouzy General Plan Community Commercial (CC) Designation: Zoning Designation: Specific Plan 5 - Old Town (Tourist Retail Core) Existing Conditions/ Land Use: Site: Existing mixed use structure /Community Commercial (CC) North: Vacant lot, existing commercial /Community Commercial (CC) South: 5` Street, existing commercial /Community Commercial (CC) East: Existing mixed use /Community Commercial (CC) West: Existing hotel, commercial /Community Commercial (CC) Existing /Proposed Min /Max Allowable or Required Lot Area: 0.34 Acres N/A Total Floor Area /Ratio: N/A N/A Landscape Area /Coverage: N/A N/A Parking Required /Provided: N/A N/A BACKGROUND SUMMARY Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. G:\PLANNING \2009 \PA09 -0335 Masia de Yabar Winery CUP \Planning \STAFF REPORT.doc 1 ANALYSIS The Masia de Yabar Winery is an existing Spanish themed wine tasting room located at 41955 5'" Street in Old Town Temecula. The winery would like to offer live entertainment to their patrons as part of their operations. Per the Old Town Specific Plan (Table III -1 Use Matrix), restaurants with entertainment require the approval of a Minor Conditional Use Permit when located within the Tourist Retail Core (TRC) zoning designation. The live entertainment will consist of Spanish guitar and Flamenco style music performed within the establishment. No entertainment is proposed outdoors. Hours for the live entertainment are Thursday 6 p.m. to 10:00 pm, Friday and Saturday from 6 p.m. to 12 a.m., and Sunday 12 p.m. to 6 p.m. The Mesa de Yabar Winery is also conducting wine tasting under a current Type 2 license (Winegrower) from the California Department of Alcoholic Beverage Control. Per the Old Town Specific Plan (Table. 111-1 Use Matrix), wine tasting facilities are a permitted use within the Tourist Retail Core. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on February 20, 2010 and mailed to the property owners within the required 600 -foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review. (Section 15301, Class 1 Existing Facilities) Live entertainment is a common ancillary use for wine tasting facilities. In addition, the Mesa de Yabar Winery is operating within an existing commercial building. Therefore, no modifications to structure are proposed or required as part of the conditional use application. FINDINGS The proposed conditional use is consistent with the General Plan and the Development Code. The conditional use is consistent with the City of Temecula General Plan, the Old Town Specific Plan and the Development Code. The General Plan, Old Town Specific Plan and Development Code have anticipated restaurants/wine tasting facilities with live entertainment within commercial zones. 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 conditional use has been reviewed by the City of Temecula Planning, Fire, Building and Safety, Public Works and Police Department to ensure the live entertainment will operate safely and not adversely affect adjacent uses, buildings or structures. G: \PLANNING \2009 \PA09 -0335 Masia de Yabar Winery CUP \Planning \STAFF REPORT.doc 2 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 area. The site for the 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 described in the Old Town Specific Plan and City of Temecula Development Code as well as other governing regulations. In addition, the live entertainment will be conducted inside the Mesa de Yabar Winery and will require no modifications to the previously mentioned features/areas. The nature of 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 all requirements outlined in the Old Town Specific Plan and the City of Temecula Development Code. 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. That the decision to approve, conditionally approve, or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. The decision to approve, conditionally approve, or deny the application has been based on substantial evidence in view of the record as a whole. ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Notice of Public Hearing G: \PLANNING\2009 \PA09 -0335 Masia de Yabar Winery CUP \Planning \STAFF REPORT.doc 3 VICINITY MAP GN DP_,ND NAG � \� o Ar Project Site V RCEDES S cr�, -3 C)" O N ; J j. .TIDGEPAR'�` Y '..\/ \fit '� `� , \ \�� \ /`C�� r ��� �%\ \\ `` , ` \j\ \� n > R/ ' V 0 i%A 03, V11, \ a 250 500 1,000 Feet PLAN REDUCTIONS NIN FE— IM — — __ ZO EQUWMENTLIS'[ ^ a OH DOOR AND FRAME SCHEDULE" -- �° �mme 0 — - . [ »w:e � >d: . y ..: e «J _ U U 0 .... ... .� . .. . . . .: .. . . . DH RESOLUTION DH RESOLUTION NO. 10- A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09 -0335, A MINOR CONDITIONAL USE PERMIT TO ALLOW MASIA DE YABAR WINERY TO CONDUCT LIVE ENTERTAINMENT, LOCATED AT 41955 5TH STREET (APN 922 - 024 -028) Section 1. Procedural Findings. The Planning Director of the City of Temecula does hereby find, determine and declare that: A. On November, 17, 2009, Waleed Jouzy, filed Planning Application No. PA09 -0335, a 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 Planning Director, at a regular meeting, considered the Application and environmental review on March 4, 2010, 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 Planning Director approved Planning Application No. PA09 -0335 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA09 -0335, conformed to the City of Temecula's General Plan Development Code (Section 17.04.010, Conditional Use Permits). Section 2. Further Findings. The Planning Director, in approving Planning Application No. PA09 -0335, hereby makes the following findings as required by Development Code Section 17.04.010, Conditional Use Permits. 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 conditional use is consistent with the City of Temecula General Plan, the Old Town Specific Plan and the Development Code. The General Plan, Old Town Specific Plan and Development Code have anticipated restaurants /wine tasting facilities with live entertainment within commercial zones. 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 conditional use has been reviewed by the City of Temecula Planning, Fire, Building and Safety, Public Works and Police Department to ensure the live entertainment will operate safely and not adversely affect 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 area; The site for the 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 described in the Old Town Specific Plan and City of Temecula Development Code as well as other governing regulations. In addition, the live entertainment will be conducted inside the Masia de Yabar Winery and will require no modifications to the previously mentioned features /areas. D. The nature of 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 all requirements outlined in the Old Town Specific Plan and the City of Temecula Development Code. 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. E. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal; The decision to approve, conditionally approve, or deny the application has been based on substantial evidence in view of the record as a whole. Section 3. Environmental Findings. The Planning Director 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); Live entertainment is a common ancillary use for wine tasting facilities. In addition, the Masia de Yabar Winery is operating within an existing commercial building. Therefore, no modifications to structure are proposed or required as part of the conditional use application. Section 4. Conditions. The Planning Director of the City of Temecula approves Planning Application No. PA09 -0335, a Minor Conditional Use Permit to allow Masia De Yabar Winery to conduct live entertainment, located at 41955 5th Street, 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 Director this 4th day of March 2010 Patrick Richardson, Planning Director I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 10- was duly and regularly adopted by the Planning Director of the City of Temecula at a regular meeting thereof held on the 4th day of March 2010. Cynthia Lariccia, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA09 -0335 Project Description: A Minor Conditional Use Permit to allow Masia De Yabar Winery to conduct live entertainment, located at 41955 5th Street Assessor's Parcel No.: 922 - 024 -028 MSHCP Category: Exempt DIF Category: N/A TUMF Category: Exempt Approval Date: March 4, 2010 Expiration Date: March 4, 2012 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 herebyagree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL -3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL -4. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL -5. The 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. This project and all subsequent projects within this site shall be consistentwith Specific Plan No. 5 (Old Town). PL -7. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL -8. The applicant shall comply with their Statement of Operations dated November 17, 2010, 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. Hours of operations for the live entertainment shall be Thursday 6 p.m. to 10:00 pm, Friday and Saturday from 6 p.m. to 12 a.m., and Sunday 12 p.m. to 6 p.m. PL -14. Live entertainment the Mesa de Yabar Winery shall adhere to the City of Temecula Noise ordinance (Municipal Code Section 9.20) at all times. OUTSIDE AGENCIES PL -15. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated December 1, 2009, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT General Conditions /Information B -1. All design components shall comply with applicable provisions of the 2007 edition of the California Building, Plumbing and Mechanical Codes; 2007 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. B -2. Obtain all building plans and permit approvals prior to commencement of any construction work. B -3. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one - quarter mile of an occupied residence. The permitted hours of construction are Monday through Friday from 7:00 a.m. to 6:30 p.m., and Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. At Plan Review Submittal B -4. Provide a Sound Transmission Control Study in accordance with the provisions of the Section 1207, of the 2007 edition of the California Building Code. Prior to Issuance of Building Permit(s) B -5. Provide appropriate stamp of a registered professional with original signature on plans. Prior to Beginning of Construction B -6. A pre- construction meeting is required with the building inspector priorto the start of the building construction. 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. 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. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction (CFC Chapter 5, Section 503.4). Prior to Issuance of Building Permit(s) F -3. Fire sprinkler tenant improvement plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention _Bureau. These plans must be submitted prior to the issuance of building permit. F -4. Fire alarm tenant improvement plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. Prior to Issuance of Certificate of Occupancy F -5. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial, multi - family residential and industrial buildings shall have a minimum of 12 -inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of 6 -inch high letters and /or numbers on both the front and rear doors (CFC Chapter 5, Section 505.1 and City Ordinance 15.16.020 Section E). F -6. A simple plot plan and a simple floor plan, each as an electronic file of the .DWG format, must be submitted to the Fire Prevention Bureau. Contact Fire Prevention for approval of alternative file formats which may be acceptable. POLICE DEPARTMENT General Requirements PD -1. Applicant has a Type 02 License (Winegrower). This license type authorizes the sale of wine and brandy to any person holding a license authorizing the sale of wine and brandy, and to consumers for consumption off the premises where sold. Authorizes the sale of all wines and brandies, regardless of source, to consumers for consumption on the premises in a bona fide eating place that is located on the licensed premises or on premises owned by the licensee that are contiguous to the licensed premises and operated by and for the licensee. May possess wine and brandy for use in the preparation of food and beverage to be consumed at the bona fide eating place. May conduct wine tastings under prescribed conditions (Section 23356.1; Rule 53). Minors are allowed on the premises. PD -2. Applicantwill 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 anyof the 50 States or Territories of the United States; (e) valid U.S. Passport; (f) valid government issued identification card issued by a Federal, State, and County or City agency. PD -4. As noted above, only a valid government issued identification card issued 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, sheriff's deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at anytime during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer (Sections 25616, 25753, and 25755 B &P; 148 and 241 (b) PC). PD -7. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages are trained in the proper procedures and identification checks. The Temecula Police Department provides free training for all employers and employees involved in the service and sales of alcoholic beverages. It is the responsibility of the applicant to set up a training session for all new employees. Contact the Crime Prevention and Plans Officer at (951) 695 -2773 to set up a training date. Training should be completed prior to the grand opening of this business and periodic updated training should be conducted when new employees / management are hired. PD -8. Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off sale) that: (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc; and /or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution narcotics, etc. The licensed premise includes the parking lot (Section 25601 B &P; 316 PC). PD -9. On -sale licensees who offer entertainment must abide by the following rules: (1) no licensee, shall permit any person to perform acts of or acts which simulate; (a) sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law, (b) the touching, caressing or fondling on the breast, buttocks, anus or genitals, (c) the displaying of the pubic hair, anus, vulva or genitals; and, (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and /or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus (Rule 143.3 CCR. Also violates sections 311.6 PC if conduct is "obscene," e.g. intercourse, sodomy masturbation, etc.). PD -10. Licensees may not permit their licensed premises to be a problem for the local law enforcement agency by needing an undue number of calls for service. The licensed premise includes the parking lot (Sections 24200 (a) (B &P). PD -11. 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 -12. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention Unit at (951) 695 -2773. COUNTY OF RIVERSIDE e COMMUNITY HEALTH AGENCY DEPARTMENT OF ENVIRONMENTAL HEALTH Dec 1, 2009 �1 City of Temecula RECEIVED Planning Department JAN 1 5 Attn: Eric Jones, Planner 2010 P.O. Box 9033 By Temecula CA 92589 -9033 SUBJECT: PA09 -0335 — MASIA DE YABAR WINERY Dear Mr. Jones: The Department of Environmental Health (DEH) has reviewed the application for the above project and has the following comments. Water and Sewer Availability 1. A "Will- Serve" letter from the agency(ies) that will be providing potable water (i.e. Rancho California Water District) and sanitary sewer service (i.e. Eastern Municipal Water District) will be required. 2. If applicable, all existing septic system(s) and/or well(s) must be properly abandoned or removed under permit with the Department of Environmental Health (DEH). Please contact DEH, Land Use and Water Engineering at (951) 955 -8980 for further information. For any Food Facilities 3. Food facilities: a total of three (3) complete sets of plans for each food establishment are needed including a fixture schedule, a finish schedule and a plumbing schedule in order to ensure compliance with the California Retail Food Code. Food facility plans should be submitted to: • Department of Environmental Health, District Environmental Services, Murrieta 38740 Sky Canyon Drive. Suite A, Murrieta CA 92563 Attention: Plan Check (951) 461 -0284. Plan Check fees are required. Local Enforcement Agency • P.O. Box 1280, Riverside, CA 92502 -1280 • (909) 955 -8982 • FAX (909) 781 -9653 • 4080 Lemon Street, 9th Floor, Riverside, CA 92501 Land Use and Water Engineering • P.O. Box 1206, Riverside, CA 92502 -1206 • (909) 955 -8980 • FAX (909) 955 -8903 • 4080 Lemon Street, 2nd Floor, Riverside, CA 92501 r Z r Eric Jones, Planner City of Temecula Dec 1, 2009 Hazardous Materials Business Plan 4. The facility may require a business emergency plan for the storage of hazardous materials greater than 55 gallons, 200 cubic feet or 500 pounds, or any acutely hazardous materials or extremely hazardous substances. If further review of the site indicates additional environmental health issues, the Hazardous Materials Management Division reserves the right to regulate the business in accordance with applicable County Ordinances. Contact the Hazardous Materials Management Division, at (951) 358 -5055 for any additional requirements. If you have any questions regarding this letter please contact me at (951) 955 -8980. Since ly,: Michael Mistica, R.E.H.S. Environmental Health Specialist IV 2 NOTICE OF PUBLIC HEARING Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING DIRECTOR to consider the matter described below: Case No: PA09 -0335 Applicant: Waleed Jouzy Proposal: A Minor Conditional Use Permit to allow Masia De Yabar Winery to conduct live entertainment, located at 41955 5th Street Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15301, Class 1 Existing Facilities) Case Planner: Eric Jones, (951) 506 -5115 Place of Hearing: City of Temecula, Main Conference Room Date of Hearing: March 4, 2010 Time of Hearing: 1:30 p.m. \ PA09.0335 0',j a zsa cm. viceu � Ca Any person may submit written comments to the Planning Director before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of the hearing. Any petition for judicial review of a decision of the Planning Director is controlled by the statute of limitations provisions set forth in Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Director, shall be limited to those issues raised at the hearing as provided in Chapter 2.36 of the Temecula Municipal Code. Copies of the procedures for the conduct of City Council, Planning Commission, and Planning Director public hearings are available from the City Clerk. If you wish to challenge the above [project] in court, the challenge will be limited to only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice, and must be commenced within the time limit specified in Section 1094.5 and Section 1094.6 of the California Code of Civil Procedure. The proposed project application may be viewed at the City of Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner at (951) 506 -5115.