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HomeMy WebLinkAbout10-010 PC Resolution PC RESOLUTION NO. 10 -10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NOS. PA10 -0063 AND PA10 -0064, A CONDITIONAL USE PERMIT AND ASSOCIATED FINDING OF PUBLIC CONVENIENCE OR NECESSITY TO OPERATE A 1,704 SQUARE FOOT LIQUOR STORE (TYPE -21 ABC LICENSE) LOCATED AT 32475 TEMECULA PARKWAY, SUITE 103 A (APN 960- 020 -059) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On March 2, 2010, Samah Barno, filed Planning Application Nos. PA10- 0063, a Conditional Use Permit Application and PA10 -0064, a Finding of Public Convenience or Necessity Application in a manner in accord with the City of Temecula General Plan and Development Code. B. The Applications were processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on June 16, 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 Commission hearing and after due consideration of the testimony, the Commission approved Planning Application Nos. PA10 -0063 and PA10 -0064 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 17.04.010) 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; As conditioned, the project is consistent with the General Plan Land Use designation of Highway Tourist Commercial and meets all of the goals and policies contained in the General Plan. The General Plan anticipated land uses that serve the commercial needs of tourist to be located in the Highway Tourist Commercial Land Use Designation. Additionally, the project meets all applicable requirements contained in the Development Code, including the 500 -foot separation requirement for sensitive uses when a business sells alcoholic beverages and the 1,000 foot separation from other existing liquor stores. 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; As conditioned, 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 adjacent uses, buildings and structures are all commercial or industrial in nature. Residences are located approximately 700 feet north and 650 feet south of this conditional use. 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 this Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The site for the proposed conditional use is currently existing and 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 to integrate the use with other uses in the area. The shopping center in which the conditional use is located currently exists, and no construction or on -site modifications are proposed as a part of this project. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The project has been reviewed and conditioned by Building and Safety, Community Services, Fire, and the Police Department to ensure the nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community The project has also been conditioned to abide by all requirements stipulated by the California Department of Alcoholic Beverage Control and Riverside County Department of Environmental Health. 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 for a Conditional Use Permit will be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. Finding of Public Convenience or Necessity (Development Code Section 17.10.020.b.5) F. Is the proposed use consistent with the General Plan and Development Code; As conditioned, the project is consistent with the General Plan Land Use designation of Highway Tourist Commercial and meets all of the goals and policies contained in the General Plan. The General Plan anticipated land uses that serve the commercial needs of tourist to be located in the Highway Tourist Commercial Land Use Designation. Additionally, the project meets all applicable requirements contained in the Development Code, including the 500 -foot separation requirement for sensitive uses when a business sells alcoholic beverages and the 1,000 foot separation from other existing liquor stores. G. Is the proposed use compatible with the nature, condition and character of adjacent land uses; The liquor store will be located in an existing commercial center within a commercially zoned area. Uses within this center consist of restaurants, general retail, a hookah lounge and a martial arts studio. Uses surrounding the project consist of restaurants, general retail, self - storage, and a utility station. The proposed use has been reviewed and conditioned by Building and Safety, Community Services, Fire, and the Police Department to ensure it is compatible with the nature, condition and character of the adjacent land uses. H. Will the proposed use would have an adverse effect on adjacent land uses; Liquor stores are permitted with a Conditional Use Permit in the proposed location per the Vail Ranch Specific Plan (SP -10) and the City of Temecula Development Code. In addition, uses described in the Vail Ranch Specific Plan are intended to co -exist with one another. Due to the Conditional Use Permit requirement in the Development Code and Finding of Public Convenience or Necessity required from the State of California, Building and Safety, Community Services, Fire, and the Police Department were able to further review and condition the project to ensure that it will not have an adverse effect on adjacent land uses. I. Would the proposed use result in an excessive number of similar establishments in close proximity; The Finding of Public Convenience or Necessity Application is only intended to address the proposed project. It does not permit additional liquor stores to operate in the immediate area. Furthermore, the City of Temecula Development Code (Section 17.10.020.B.4.a) states that liquor stores must be located no less than 1,000 feet from one another. 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 and Finding of Public Convenience or Necessity Applications: 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). The project qualifies for the Existing Facilities exemption under CEQA Section 15301, Class 1. The liquor store will be located in a currently existing shopping center. The only change is that the approval of the Conditional Use Permit and Finding of Public Convenience or Necessity applications will authorize the sale of beer, wine and distilled spirits. No modifications are proposed to the exterior of the structure. All work will consist of tenant improvements. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application Nos. PA10 -0063 and PA10 -0064, a Conditional Use Permit and Finding of Public Convenience or Necessity to operate a 1,704 square foot liquor store located at 32475 Temecula Parkway, Suite 103 A, 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 16th day of June 2010. /' 6 �Carl Carey, Chairman ATTEST - Patrick Richardson, Secretary rSEAL:) STATE. OF CALIFORNIA ) COUNTY GF RIVERSIDE )ss CITY OFITEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 10 -10 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 16th day of June 2010, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Kight, Telesiol NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None Patrick Richardson, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROIVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application Nos.: PA10 -0063 and PA10 -0064 Project Description: A Conditional Use Permit and Finding of Public Convenience or Necessity to operate a 1,704 square foot liquor store located at 32475 Temecula Parkway, Suite 103 A Assessor's Parcel No.: 960- 020 -059 MSHCP Category: Exempt (Existing Structure — Tenant Improvements Only) DIF Category: N/A (Existing Structure — Tenant Improvements Only) TUMF Category: Exempt (Existing Structure — Tenant Improvements Only) Approval Date: June 16, 2010 Expiration Date: June 16, 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 consistent with Specific Plan No. 10 (Vail Ranch). PL -7. A separate building permit shall be required for all signage. PL -8. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL -9. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters. Ensure that all materials and products stored outside are protected from rain. Ensure all trash bins are covered at all times. PL -10. The applicant shall comply with their Statement of Operations submitted March 2, 2010, on file with the Planning Department, unless superseded by these Conditions of Approval. PL -11. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL -12. 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 -13. 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 -14. Hours of operation for the liquor store shall be as follows: Monday through Thursday 8 a.m. — 10 p.m., Friday to Saturday 8 a.m. — 11 p.m., Sunday 11 a.m. — 9 p.m. PL -15. The applicant shall abide by all requirements of the California Department of Alcoholic Beverage Control. 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 March 10, 2010, 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. Commercial and industrial project trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. B -4. 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. B -5. Provide an approved automatic fire sprinkler system. At Plan Review Submittal B -6. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. B -7. Provide number and type of restroom fixtures, to be in accordance with the provisions of the 2007 edition of the California Plumbing Code. Prior to Issuance of Building Permit(s) B -8. Provide appropriate stamp of a registered professional with original signature on plans. 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. CS -2. The applicant shall comply with the Public Art Ordinance. Prior to Issuance of Building Permits CS -3. 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). F -3. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC Chapter 1). Prior to Issuance of Building Permit(s) F -4. Fire sprinkler tenant improvement plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler tenant improvement 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 -5. Fire alarm tenant improvement plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm tenant improvement 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 -6. 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 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 six- inch high letters and /or numbers on both the front and rear doors (CFC Chapter 5, Section 505.1 and Temecula City Ordinance 15.16.020 Section E). POLICE DEPARTMENT General Requirements PD -1. Any business that serves or sells any type of alcoholic beverages will comply with all guidelines within the Business and Profession Codes and all other guidelines associated with the State Department of Alcohol Beverage Control. PD -2. Contact the Temecula Police Department for inspections and training for both employees and owners. This includes special events held at business locations where alcohol will be served for a fee and the event is open to the general public. PD -3. Applicant will comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. PD -4. 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, County or City agency. PD -5. 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 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 -6. All exterior lighting shall be in compliance with Riverside Mount Palomar Lighting Ordinance 655, low pressure sodium lighting preferred. PD -7. All exterior doors shall have vandal resistant light fixtures installed above each door. The doors shall be illuminated with a minimum one -foot candle illumination at ground level, evenly dispersed. PD -8. All lighting affixed to the buildings shall be wall mount light fixtures to provide sufficient lighting during hours of darkness. PD -9. Applicant shall comply with the Governor's order to address the power crisis. This order became effective March 18, 2001 calling for a substantial reduction from businesses to cut usage during non - business hours. The order, in part, states, "All California retail establishments, including, but not limited to, shopping centers, auto malls and dealerships, shall substantially reduce maximum outdoor lighting capability during non - business hours except as necessary for the health and safety of the public, employees or property." Failure to comply with this order following a warning by law enforcement officials shall be punishable as a misdemeanor with a fine not to exceed $1000 in accordance with Title 24, Part 6, of the California Code of Regulations. PD -10. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. PD -11. Any graffiti painted or marked upon the buildings must be removed or painted over within 24 hours of being discovered. Report all such crimes to the Temecula Police 24- hour dispatch Center at (951) 696 -HELP. PD -12. Upon completion of construction, the suite shall have a monitored alarm system installed and monitored 24 hours a day by a designated private alarm company to notify the Temecula Police Department of any intrusion. PD -13. Any public telephones located on the exterior of the buildings shall be placed in a well - lit, 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 buildings. PD -14. Penal Code 490.5 affords merchants the opportunity to recover their losses through a civil demand program. PD -15. Employee training regarding retail /credit card theft, citizens' arrest procedures, personal safety, business security, shoplifting or any other related crime prevention training procedures is also available through the Crime Prevention Unit. PD -16. Businesses desiring a business security survey of their location can contact the Crime Prevention and Plans Unit of the Temecula Police Department. PD -17. The Temecula Police Department affords all retailers the opportunity to participate in the "Inkless Ink Program." At a minimal cost for inkless inkpads, retailers can take a thumbprint of every customer using a personal check to pay for goods or services. A decal is also posted on the front entry of the business advising customers of the "Inkless Ink Program" in use. If the business becomes a victim of check fraud, the Police Department will be able to track the suspect with the thumbprint. PD -18. Crime prevention through environmental design as developed by the National Crime Prevention Institute (NCPI) supports the concept that "the proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life." The nine primary strategies that support this concept are included below: a. Provide clear border definition of controlled space. Examples of border definition may include fences, shrubbery or signs in exterior areas. Within a building, the arrangement of furniture and color definition can serve as a means of identifying controlled space. b. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi - public to private space. c. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. d. Place safe activities in unsafe locations. Safe activities attract normal users to a location and subsequently render the location less attractive to abnormal users due to observation and possible intervention. e. Place unsafe activities in safe locations. Placing unsafe activities in areas of natural surveillance or controlled access will help overcome risk and make the users of the areas feel safer. f. Redesign the use of space to provide natural barriers. Separate activities that may conflict with each other (outdoor basketball court and children's play area, for example) by distance, natural terrain or other functions to avoid such conflict. g. Improve scheduling of space. The timing in the use of space can reduce the risk for normal users and cause abnormal users to be of greater risk of surveillance and intervention. h. Redesign space to increase the perception of natural surveillance. Abnormal users need to be award of the risk of detection and possible intervention. Windows and clear lines -of -sight serve to provide such a perception of surveillance. i. Overcome distance and isolation. This strategy may be accomplished through improved communications (portable two -way radios, for example) and design efficiencies, such as the location of restrooms in a public building. PD -19. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 695 -2773. c 'NTY OF RIVERSIDE • COMi ._. ,NITY HEALTH AGENCY DEPARTMENT OF E NVIRONMENTAL HEALTH[ City of Temecula Planning Department c/o Eric Jones PO BOX 9033 Temecula, CA 92589 -9033 10 March 2010 RE: PA 10 -0063 The Department of Environmental Health (DEH) has received and reviewed the PA10- 0063 (related application PA 10-064- Public Convenience or Necessity) for a Conditional Use Permit to operate a liquor store located at 32475 Temecula Parkway, Suite 103A under the applicant: Samah Barno. The restaurant building located on this Assessor's Parcel Number (APN 960- 020 -059) is connected to a potable water line and sanitary sewer from an approved purveyor. Any food vending or restaurant use of the building shall require REHS inspector compliance by the County of Riverside DEH. If your have any questions, please do not hesitate to call me at 951.955.8980 Sincerely, Gregor Dellenbach, REHS EHS 100217 T M AR Loco! Enforcement P.O. • 1280, Riv Riverside, A 92 92502-1206 0(951) 955-8982 - 955 8980 F A ( (95 ) 955 8903 4 9 4080 Lemon St Floor. Rivers de, CA 92:;01 En gineering raod Use and Water P0.