HomeMy WebLinkAbout10_003 DH Resolution DH RESOLUTION NO. 10 -03
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 -03 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.
Cynthi ariccia, Secretary
EXHIBIT A
FINAL CONDITIONS OF APPROVAL
EXHIBIT A
CITY OF TEMECULA
FINAL 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 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. 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. 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, 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 setup 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 • COMMUNITY HEALTH AGENCY
® DEPART O F ENVIRONMENTAL HEALT
Dec 1, 2009
City of Temecula RECEIVED
Planning Department
Attn: Eric Jones, Planner JAN 15 2010
P.O. Box 9033 By
Temecula CA 92589 -9033
SUBJECT: PA09 -0335 — MASIA DE YABAR WINERY
Dear Mr. Jones: u
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, Munieta 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
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