HomeMy WebLinkAbout090110 PC Agenda In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please
contact the office of the City Clerk (951) 694 -6444. Notification 48 hours prior to a meeting will enable the City to make
reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II].
TEMECULA PLANNING COMMISSION
REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
SEPTEMBER 1, 2010 — 6:00 PM
Next in Order:
Resolution: 10 -14
PRELUDE MUSIC: Earlene Bundy
CALL TO ORDER:
Flag Salute: Commissioner Carey
Roll Call: Carey, Guerriero, Harter, Kight, and Telesio
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the Commission
on items that are not listed on the Agenda. Speakers are limited to three minutes each. If
you desire to speak to the Commission about an item not on the Agenda, a salmon
colored "Request to Speak" form should be filled out and filed with the Commission
Secretary.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items a "Request to Speak" form must be filed with the Commission
Secretary prior to the Commission addressing that item. There is a three - minute time
limit for individual speakers.
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will be
enacted by one roll call vote. There will be no discussion of these items unless Members
of the Planning Commission request specific items be removed from the Consent
Calendar for separate action.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the Minutes of August 4, 2010
1
2 Director's Hearing Summary Report
RECOMMENDATION:
2.1 Receive and File Director's Hearing Summary Report
PUBLIC HEARING ITEMS
Any person may submit written comments to the Planning Commission before a public
hearing or may appear and be heard in support of or in opposition to the approval of the
project(s) at the time of hearing. If you challenge any of the projects in court, you may be
limited to raising only those issues you or someone else raised at the public hearing or in
written correspondences delivered to the Commission Secretary at, or prior to, the public
hearing.
Any person dissatisfied with any decision of the Planning Commission may file an appeal
of the Commission's decision. Said appeal must be filed within 15 calendar days after
service of written notice of the decision, must be filed on the appropriate Planning
Department application and must be accompanied by the appropriate filing fee.
3 Planning Application No. PA10 -0031, a Minor Conditional Use Permit to allow the Black
Market Brewing Company to open a 432 square foot retail sales area in their existing
building located at 41740 Enterprise Circle North, Eric Jones
RECOMMENDATION:
3.1 Adopt a resolution entitled:
PC RESOLUTION NO. 10-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. PA10 -0031, A
MINOR CONDITIONAL USE PERMIT TO ALLOW AN EXISTING BREWERY
TO SELL ITS PRODUCT TO THE GENERAL PUBLIC LOCATED AT 41740
ENTERPRISE CIRCLE NORTH (APN 909 - 282 -007)
4 PA10 -0168 and PA10 -0169 a Minor Conditional Use Permit and Findings of Public
Convenience or Necessity to allow Melano Liquor (ABC License Type -21) to relocate to
33321 Temecula Parkway Suite 105 (existing location: 27911 Jefferson Avenue, Suite
109), Eric Jones
RECOMMENDATION:
4.1 Adopt a resolution entitled:
PC RESOLUTION NO. 10-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NOS. PA10 -0168 AND
PA10 -0169, A MINOR CONDITIONAL USE PERMIT AND FINDINGS OF
PUBLIC CONVENIENCE OR NECESSITY TO OPERATE A LIQUOR STORE
(TYPE 21 LICENSE: OFF -SITE GENERAL) LOCATED AT 33321 TEMECULA
PARKWAY, SUITE 105 (APN 966- 010 -011)
2
REPORTS FROM COMMISSIONERS
PLANNING DIRECTOR REPORT
ADJOURNMENT
Next regular meeting: Planning Commission, Wednesday, September 15, 2010, 6:00 PM City
Council Chambers, 43200 Business Park Drive, Temecula, California.
NOTICE TO THE PUBLIC - 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. Additionally, any supplemental material distributed to a majority of
the Commissioners regarding any item on the Agenda, after the posting of the Agenda, will be available for public
review at the locations indicated above. The packet will be available for viewing the Friday before the Planning
Commission meeting 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
3
ITEM 1
ACTION MINUTES
TEMECULA PLANNING COMMISSION
REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
AUGUST 4, 2010 — 6:00 PM
Next in Order:
Resolution: 10 -13
PRELUDE MUSIC: Earlene Bundy
CALL TO ORDER:
Flag Salute: Commissioner Kight
Roll Call: Carey, Guerriero, Harter, Kight, and Telesio
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the Minutes of July 21, 2010 APPROVED 4 -0 -0 -1 MOTION BY
COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER HARTER,
VOICE REFLECTED APPROVAL; KIGHT ABSTAINED
PUBLIC HEARING ITEMS
2 Planning Application Nos. PA08 -0134 PA09 -0309 PA09 -0137 PA08 -0138 a
Development Plan Certificate of Historical Appropriateness Minor Conditional Use
Permit, and Finding of Public Convenience or Necessity to construct an addition to the
Palomar Hotel consisting of a 1,728 wine garden (Phase 1) and a four -story 10,304
square foot addition featuring sixteen new rooms and a roof deck (Phase II) located at
the northeast corner of Old Town Front Street and Fifth Street at 28522 Old Town Front
Street, Eric Jones APPROVED 5 -0 MOTION BY COMMISSIONER KIGHT, SECOND
BY COMMISSIONER GUERRIERO, VOICE REFLECTED UNANIMOUS APPROVAL
RECOMMENDATION:
2.1 Adopt a resolution entitled:
PC RESOLUTION NO. 10 -13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NOS. PA08 -0134,
PA09 -0309, PA09- 013.7, PA08 -0138, A DEVELOPMENT PLAN TO
CONSTRUCT AN ADDITION TO THE PALOMAR HOTEL CONSISTING OF A
1,728 SQUARE FOOT WINE GARDEN (PHASE 1) AND A FOUR- STORY,
10,304 SQUARE FOOT ADDITION, FEATURING SIXTEEN NEW ROOMS AND
A ROOF DECK ..(PHASE II), A CERTIFICATE OF HISTORIC
APPROPRIATENESS, A CONDITIONAL USE PERMIT FOR AN EXTERIOR
GROUND FLOOR BEER AND WINE BAR AND AN EXISTING 315 SQUARE
FOOT WINE ROOM AT THE BACK OF THE EXISTING HOTEL AND FOR
INDOOR LIVE ENTERTAINMENT, AND FINDINGS OF PUBLIC
CONVENIENCE OR NECESSITY FOR PROPERTY LOCATED ON THE
NORTHEAST CORNER OF OLD TOWN FRONT STREET AND FIFTH
STREET AT 28522 OLD TOWN FRONT STREET (APN 922 - 024 -009)
Ed Dool, Temecula Stage Stop, 28464 Old Town Front Street, addressed the Planning
Commission
REPORTS FROM COMMISSIONERS
PLANNING DIRECTOR REPORT
ADJOURNMENT
Next regular meeting: Planning Commission, Wednesday, September 1, 2010, 6:00 PM City
Council Chambers, 43200 Business Park Drive, Temecula, California.
Carl Carey Patrick Richardson
Chairman Director of Planning and Redevelopment
2
ITEM 2
CITY OF TEMECULA
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
MEMORANDUM
TO: Planning Commission
FROM: Patrick Richardson, Director of Planning and Redevelopment
DATE: September 1, 2010
SUBJECT: Director's Hearing Summary Report
Planning Director's Agenda items for July 2010
Date Case No. Proposal Applicant Action
July 8, 2010 PA10 -0125 A Minor Conditional Use Permit to operate John. Evers APPROVED
an educational use (University of Redlands) The Garrett
in 8,477 square feet of an existing 32,185 Group
square foot buildin
Attachment:
Action Agenda
ACTION AGENDA
2
ACTION AGENDA
TEMECULA PLANNING DIRECTOR'S HEARING
REGULAR MEETING
July 8, 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: PA10 -0125
Project Type: Minor Conditional Use Permit
Project Title: Redlands CUP Jefferson Plaza
Applicant: John Evers, The Garrett Group
Project Description: A Minor Conditional Use Permit to operate an educational use
(University of Redlands) in 8,477 square feet of an existing 32,185
square foot building
Location: 27720 Jefferson Avenue
Environmental Action: Exempt per CEQA Section 15301, Class 1 Existing Facilities
Project Planner: Cheryl Kitzerow /Matt Peters
ACTION: APPROVED
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 packet will 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.
ITEM 3
� �I
STAFF REPORT — PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
DATE OF MEETING: September 1, 2010
PREPARED BY: Eric Jones, Case Planner
PROJECT Planning Application Number PA10 -0031, a Minor Conditional Use
SUMMARY: Permit to allow an existing brewery to sell its product to the general
public, located at 41740 Enterprise Circle North
RECOMMENDATION: Approve with Conditions
CEQA: Categorically Exempt
Section 15302, Class 1 Existing Facilities
PROJECT DATA SUMMARY
Name of Applicant: Andrew Marshall, Black Market Brewing
General Plan Industrial Park (IP)
Designation:
Zoning Designation: Business Park (BP)
Existing Conditions/
Land Use:
Site: Existing Business Park Structure /Industrial Park
North: Existing Structures /Industrial Park
South: Existing Structure /Service Commercial
East: Existing Structure /Industrial Park
West: Existing Structure /Industrial Park
Existing /Proposed Min /Max Allowable or Required
Lot Area: N/A 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
On February 9, 2010, Andrew Marshall submitted Planning Application PA10 -0031, a Minor
Conditional Use Permit designed to allow the existing Black Market Brewing Company to
designate 15 percent of its floor area for the use of retail sales.
Staff has worked with the applicant to ensure that all concerns have been addressed, and the
applicant concurs with the recommended Conditions of Approval.
ANALYSIS
The Black Market Brewing Company is an existing beer brewing establishment (Type -23
License) operating within an area zoned Business Park. The business would like to expand its
operations by allowing the general public to purchase beer directly from the facility. In an effort
to assist costumers with their purchase, the business proposes to offer beer tasting so that
customers may sample their products before making a selection. Retail /tasting hours will be
from 1 p.m. - 9 p.m. Monday through Sunday.
Full scale retail establishments are not permitted in the areas zoned Business Park. However,
the Development Code does provide an exception. Per Section 17.08.020.F, retail uses are not
permitted in this zoning. district, except as supporting a principal business park use (limited to
fifteen percent of the square footage of the development). The proposed retail area for the
Black Market Brewing Company totals 432 square feet. This amount is equal to 14.8 percent of
the total square footage for the establishment.
LEGAL NOTICING REQUIREMENTS
Notice of the public hearing was published in the Californian on August 21, 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 15302, Class 1
Existing Facilities)
The proposed expansion of the existing use will not. result in the creation of any new square
footage to the structure. All construction will be related to tenant improvements.
FINDINGS
The proposed conditional use is consistent with the General Plan and the Development Code.
The proposed Minor Conditional Use Permit is intended to allow an existing brewery to provide
tastings by the glass in conjunction with retail sales. The .business is located in an area zoned
Business Park and this zoning district allows retail uses that are supporting a principal Business
Park use. Further, the conditional use has been reviewed and conditioned by Public Works,
Building and Safety, Fire, and the Police Department to ensure it is consistent with the General
Plan and Development Code.
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 has been reviewed and conditioned by Public Works, Building
and Safety, Fire, and the Police Department to ensure it is compatible with the nature, condition,
and development of adjacent uses, buildings and structures. Based on the provided Conditions
of Approval, the use will not adversely affect the adjacent uses, buildings or structures.
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 City of Temecula Development Code (Section 17.08.020.F) allows for business park uses
to have an area no larger than 15 percent of their total square footage to be devoted to retail
sales. The applicant has met this size requirement per their submitted plans. To ensure the use
is integrated with other uses in the neighborhood, the conditional use has been reviewed and
conditioned by Public Works, Building and Safety, Fire, and the Police Department to ensure the
site 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 Council.
The nature of the proposed conditional use is not detrimental to the health, safety and general
welfare of the community.
The conditional use has been reviewed and conditioned by Public Works, Building and Safety,
Fire,. and Police Department to ensure it is not detrimental to the health, safety and general
welfare of the community.
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.
ATTACHMENTS
Vicinity Map
Plan Reductions
Resolution
Exhibit A - Draft Conditions of Approval
Notice of Public Hearing
VICINITY MAP
i ♦ �i tt t tt �iti���i � ♦ ♦♦ ` 0��� 4 � , t� , � � I 1 1 r':
` .♦, . its • ♦ tltl ♦♦ ♦ � � .- �i� i i� �. /j // �
�� ♦�♦ I /tom � ��O ♦1 s Gam" ��i\ �� / / /l! �
�� .'' ♦,, • � ♦ ♦••jt♦ I ♦ /`,� � ,�� ,�i� i ��. /l //�
��.�' '':'':'� •:•:•`••• • ��►i •a. ' �.''�. '•,poi �ru � � � �
••� ♦ � I II/ � /QO %�.♦ � db,
�♦�.1 ' ♦ ��j t � / � �, Iij��11 ►mot ,�•. +`�� \ ��\ i i� �'�, �� .I
••• ®. ,,.•,� ��I /, 11 / / /i ♦���til�l .. �,♦♦ p �� ♦�' � �o�:c� �_ �1
,� ' �♦ � pV ♦�' pi � �. �O =����� I�j / I /t:
� '� ♦ ��` pit ti / pit �I
���,, � �'''� � , \�ii�i��� / i i i'
�� .,� � ♦ ''. , % qi• ♦ ♦-
MEMO
•
'' q ' 1�1 ✓1�5
• 141
�r
I O N
' __
PLAN REDUCTIONS
O CURB CUT RAMP SITE ACCESSABLE ROUTE OF
TRAVEL j
VAN ACCESSABLE PARKING SO PARKING SPACE SIGNAGE
l
SPACES
......�.... ,,.,m. d� �...�. -.r �...a,tbsb-
....'- ....KK.- ..br.... ,�,w ... , .`.�°°"br`a4�•: °'...�.'a �.aa... ,,. -.... � p n» .,mt...m,- .. °'Rr°.°.n.:: .: "�:� :�.
. .dr.'a�.. .. -, . �.w.,..a » ,tn..a .0
. .� -rY» wY ®v u .1pU •••If+-,•.•i1iM ~. r 4
sewn »N.r 4iYY Y,. WY.4. -I.s m.u.t:w P.•.v 1 0..».oalgwa
It »I 1na.0 >s a,0.r.d..l nn.. .wr ».- ...rt- � a. ,.OYw.sY..wYb.. »w- wNialyUrmlewM Y.d.. RO.In,�.s.. �.e.uiU u 0 N-.e4al.�e.tir.- Ar..v- t,au
. ..+ r.- YaY.�w'w'Yie�nww..e-IMVMn.W. � r•npien.l.•.m. a.r..aww�r.i. ... I
W-s r.w.FYrw •n.N.nd -!t r.er YprWY...�w. .. �. M. -a'�1 d.M � a »i.. a >-mnw.»
rr•.rem .t '�' r. .m.u. � Wpyr ;� — �_ � r•!.sr • .W ° apw .
. .Ow+- Y- ina�.n.mw4.an Vvnrr.N...iar..n - r� - � �a.� �..a.e �� ~ .� Ni#B�.lW �•e�a » . 1 ��^ D p�qq .v.N44..-r..m »w rtaN.
I�.v.vm. M..a- Nr4ltvus wgeswYetetartr� bo � •. {loll o Oval v�i.u.., t�sa� -tl Y.e.»WKm WSTN.
�:�soYn...na Y•� »tr..,.»4wnd »ma, iae.00utoawsa � v.mrr NN .er • � - n++..wi »s.�.ya M I'. f uerne..r.»+r». »e.w..o ,d�.a. n
M »md »b.rw..0 NHS » .lam- r..ww.ai- �F-- agirwr�.mb++a. .mYw a�watn ».�..,. aWr.. LL - ���
r Oav +uallU ,tnu rd
... �a 1S 1 nv.rna.ie.set:a.n.r - .s.M. MUr.d.-»ra..»s•wsw. .rw+ iw - i�b - t�in•�i.i .
µ01t) p.oa ,IOYA.0,0 „ d. r. tld „Igy.O»pYWnO.OnOYbua�Qafadf.aln -
.vdoONwYdn,O1,v.110v
sgta
,n..sA »�-1 M1nj +.�n+ -r Ir onYw .: � s... . r
w°" uYw.,, �"`�,. �> � .�_..-_ �.^..'h..w^".r �'7s�h'. a 0
T
�� rsx• arm,' ''� '�� � Y Y �RF
s:
u
® PARKING SPACE STRIPII�IG -
IT'E ENTRANCE SIGNAL
o
' cwnwO4 s'lydves..naar.rna4. -. � ~ - �Iw MSw niYW r� S��
d...l•YrO.a.n P.aaysO�rKKers..v. -• , f� .nat✓rntl.r.+I. �.- rw.- av».ta.
' wr.•FYr.•N...w. •..r r�- . - Yv..- '.On.s .Y•D.s. Y$ ry}�
'�.1M.+.� MWr•v�� 'AO O...Ylb ~' OY > r,+dnw.i»OV.e�..n v. is�
m DISABLED PARKING SPACES d
r. - QQQQ
.Y_rNnw..�.�. ..
;er _ a� �` fRPR /SE : CIRCLE` w „s: 4V
gMTH+ ° . is -zoio
` ...
FOR REFERENCE ONLY
.SP -1
B MARKET BR.EW1NGC
TENANT IMPROVEMENT
SYMBOLS GENERAL NOTES P ROJECT DIREC TORY INDEX TO DRAWINGS
ARCN.Ii[CiVRA,L 9Y,Y BO Lf
n . NN wG p ND APP LICANT T.1 nT IwE
«NI MIOwI[C -11 SPt p Un I DUALLD MQU REMEM
"CC�� mww m r�1'w°I r.w wrp aWm )WOU. ra RSla Yt iL00Rpi— .DLYD61 ,w41CFTUL
.. ° n � Ino W w"
_
Rn .L� iwmwrt °i° �w.�w�u amw n�'am "000.l.
m RoRP. w wvA� n s s wmns rrmwe n nmmR ao9�n -
' Iw1 .'f: www wPys,www w� wmmR PRPP.
me..m..wc �.a .w ..ew .0 �' ,..wrm Ir wwew .o IK ...w. roo•
m mR P. Raw H w nm.®m w ADDITIONAL PROJECT INFORMATION LOCATION MAP O
Pn.,t� w awwL R w,w: ° RYRRR+m
mawrowN{au ww� wwlW ••vV PARCEL NUMBER 909M3001 _ 1 .� S _. �+ 4��• 1.yu�.S
�www�u ten. � < i,m .ua A woa M � u w � .[+JU wio Mwu�aw a�rmurnxl o� _ n } Y E E 1 y
wu.wR�°wN410 Pwt9l IM<.n1a n ®wu ,w uwlN M'mOr+rcY�reaM RA Eook 14)P f ) G
1 �� . °wmva LOCATION: % 1 A E F
aRwwRa 'wawRws( .°.wls' fl 0.rrnrr 9ac0oo JS •TRmuGp]9Wuya1W
NOM
`� F F T �' T: B(' ■p
('j -� �m Ic w mw Pmmw m
ICSOA111—
7` FlRE E% TING USN ISYSTFASS M ECCC
. ' 1 .� —sxar rww.. MIL r° M wYlrAtow ° . mwra Wa S BCS 11N33 .
i . M miow9 +, �1P� �.r.,�o.wu e�s.r IP.FPERSON AVE \
n Sa�uR A41 , WMCHFSTPU RD ..... S _�'" '� `
' �wn�aurtw w oryr� r,a� CHERRY SC _, _
PROJECT. DATA . FIRE DEPARTMENT NOTES m
B INTERIOR FINISH & FLAMFPII.FING YP. piun <IV1Q6,o unn �.�.. am -
alaw�vwn.wawwrle CIry MTwn 1Y Fln Pnven4Pn Bwew t
��laa ow"o; 1 +' +e— _cwo,mrc w �� wr.nr ewn +v.o aeva xrAR)rnniw.LEwECnaawueEUnlwm BUILDING ADDRESS
n lomqq .0 wveermw YWlwwflwYp.°IRIIImw . mvNKL .1)ao EN)FRPR6E Uk N. 1 109
. i Aasw< mR'(aLm 9 TA cuu, CA. 939390 1 ' rr 10 .
w` ;,Mm —� a.om.wP"°Oiiv.m x wll nK rRBlernw wAS M%ES, UNIT SQUARE FOOTAGE •��••• wr •• 4° "�• °••'� >:3
.lams, CDPYYIG [mwvDR wlp>, wEr wASa1Ra 2903 SQUARE FEET
fArt10110F CRSAY M M 8000. , R(NOYK0 i 011 ."�ur n.°x
Z IN W, On1K.<Nma etWMINT .u:.
R � m' c Exlls Ira�T.w�m w wml>K woaur.ru. cane: IXISTING B UILDING TYPE "VB" -°-^�d -� +�+- " � � .�.
ON . m"'°ia. J�1 .wuxla'°o":c°' 1. Au Emmw°a we eNw I.n , K : "B F•i' r«r..,...1....w- ..a.nw " 1aA....F ^......_..�.,.,.,,. e
OCCUPANCY CLASSIFICATION �~
ImRn .R A.Rnp
H. BEST MANAOBMENT PRACIICPS(BMP) . FULLY SPRINKLED ,YES" `— -- A V. ...
I EPIa W..m ew�.cPw„c pio.+ea awl�.rd a NUMBER OF STORIES "1' y g
Eau..mRwds ad :a�;<PEws'; EMPLOYEES W 1]qB
.,� )p' , OOf ww. 00Ow r w' ,1°'wrri:"Im"O1Mn.m Iw = D.Ew.y.ade urn.m amw.wd. TOTAL OCCUPANCY 0 g 63 d
. "'c. : , .IPI.p w Uraea4o�d aw,."d CUSTOMER AREA OCCUPANCY "11'
< • Roc r` W °N wns w<L w «. _ SCOPE OF WORN "RETAIL AREA" e[
' nu4as, [ -__� w?yw ... to <Rmw,m > rw wwl .,'' .. lww r Pwdn Rlwx x.mm um.ws '°rw� ••,••• �,
® Yw. Yau,w. w.l ' o`www:. riww E•�uL.� ur�me m.cwnwrwe ; .0 w cm..e.0 m dr ®ur uu nom a.m �°�` � � M
aur+ wu wxRwwnvw Ilion 4.F"SOd PWdne Suppli<: F—Ift ppp°6onR,.
APPLICABLE CODE „ �
wudclwpup e(mswlJl.
2 - 1 - 2010
• ' L Plttv .)PLfAwulLl[RVtYaTNYR•RROYIW adWPOaS McYnyu°mlhaaaoodmdoev. � �rw �rs �rui � __
' nwwwRO 1 � Sen PS1 -
' 6. FIRWdpw rrml wniRpmeuO Pnrrmltln dln8ufe arR�w9PSi rtnww ,
. acSP .uiaYm�da.Iim'wo�a'°RwrpmmMan 'eElwaudau wuw WYwmY Wulb.nm Ania .
srw.m
i
.. WAREHOUSE 971 s.f.
BREWING AREA 768 s.f.
COLD ROOM 196 s.f.
OFFICE 144 s.f.
LABORATORY 140 s.f.
MILL ROOM 1405. f. NOTES:Tn RETMLAREAmna TASTINGAREAni=A mmaWtotla ,
SERVICE AREA 112 s.f. 21•mbowrauew rtWm wp,ton of 11 11. ana ate MERCHANDISE AREA
_ RETAIL AREA 432 s.f. (1-) wnsn is nm meo-iaea ena b mp11a mr m1 r- an;na, g,. am.
TOTAL 2,903 s. IF - 6
- t9
"m
SERVICE
WAREHOUSE COLD ROOM LABORATORY AREA
(RETAILAREA)
AREA)
Y
f - u
MERCHANDISE AREA
(RETAILAREA) EEE p 0
MILL ROOM t Z a
c
y
BREWING AREA
-J OFFICE o
" 3 i
aesraooM -)
• I II �
-� DIM ENSIONS-E.ELOOR PLAN
NORTH ARROWay AEI
PC RESOLUTION
PC RESOLUTION NO. 10-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA10 -0031, A MINOR CONDITIONAL
USE PERMIT TO ALLOW AN EXISTING BREWERY TO
SELL ITS PRODUCT TO THE GENERAL PUBLIC,
LOCATED AT 41740 ENTERPRISE CIRCLE NORTH (APN
909 - 282 -007)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On February 9, 2010, Andrew Marshall, filed Planning Application No.
PA10 -0031, a Minor 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 Commission, at a regular meeting, considered the
Application and environmental review on September 1, 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 No. PA10 -0031
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: Minor Conditional Use Permit
(Section 17.04.010.E)
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 conditional use is consistent with the General Plan and the
Development Code.
B. The proposed Minor Conditional Use Permit is intended to allow an
existing brewery to provide tastings by the glass in conjunction with retail sales. The
business is located in an area zoned as Business Park and this zoning district allows
retail uses that are supporting a principal Business Park use. Further, the conditional
use has been reviewed and conditioned by Public Works, Building and Safety, Fire, and
the Police Department to ensure it is consistent with the General Plan and Development
Code;
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
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 City of Temecula Development Code (Section 17.08.020.F) allows for
business park uses to have an area no larger than 15 percent of their total
square footage to be devoted to retail sales. The applicant has met this size
requirement per their submitted plans. To ensure the use is integrated with other
uses in the neighborhood, the conditional use has been reviewed and
conditioned by Public Works, Building and Safety, Fire, and the Police
Department to ensure the site 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.
D. The nature of the proposed conditional use is not detrimental to the health,
safety and general welfare of the community;
The conditional use has been reviewed and conditioned by Public Works,
Building and Safety, Fire, and Police Department to ensure it is not detrimental to
the health, safety and general welfare of the community.
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.
Environmental Findings. The Planning Commission hereby makes the following
environmental findings and determinations in connection with the approval of the Minor
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 15302, Class 1 Existing Facilities).
The proposed project will be an expansion of services for an existing business.
This expansion will not result in the creation of any new square footage to the
structure. All construction will be related to tenant improvements.
Section 3. Conditions. The Planning Commission of the City of Temecula
approves Planning Application No. PA10 -0031, a Minor Conditional Use Permit to allow
an existing brewery to sell its product to the general public at 41740 Enterprise Circle
North, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and
incorporated herein by this reference.
Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 1 st day of September 2010.
Carl Carey, Chairman
ATTEST:
Patrick Richardson, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Patrick Richardson, Secretary of the Temecula Planning Commission, do
hereby certify that the forgoing PC Resolution No. 10- was duly and regularly
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the 1 st day of September 2010, by the following vote:
AYES: PLANNING COMMISSIONERS:
NOES: PLANNING COMMISSIONERS:
ABSENT: PLANNING COMMISSIONERS:
ABSTAIN: PLANNING COMMISSIONERS:
Patrick Richardson, Secretary
EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA10 -0031
Project Description: A Minor Conditional Use Permit to allow an existing brewery to sell
its product to the general public at 41740 Enterprise Circle North
Assessor's Parcel No.: 909 - 282 -007
MSHCP Category: Exempt (No New Square Footage)
DIF Category: Exempt (No New Square Footage)
TUMF Category: Exempt (No New Square Footage)
Approval Date: September 1, 2010
Expiration Date: September 1, 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
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 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. The development of the premises shall substantially conform to the approved site plan
and elevations contained on file with the Planning Department.
PL -7. 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 -8. The applicant shall comply with their Statement of Operations submitted February 9,
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. The applicant shall abide by all requirements of the California Department of Alcoholic
Beverage Control.
PL -13. Retail /tasting hours shall be 1 p.m. - 9 p.m. Monday through Sunday.
OUTSIDE AGENCIES
PL -14. The applicant shall comply with the recommendations set forth in the County of
Riverside Department of Environmental Health's transmittal dated February 17, 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. Submit at time of plan review, a complete exterior site lighting plan showing compliance
with Ordinance Number 655 for the regulation of light pollution. All streetlights and
other outdoor lighting shall be shown on electrical plans submitted to the Department of
Building and Safety. Any outside lighting shall be hooded and aimed not to shine
directly upon adjoining property or public rights -of -way.
B -3. Obtain all building plans and permit approvals prior to commencement of any
construction work.
B -4. Commercial and industrial project trash enclosures, patio covers, light standards, and
any block walls will require separate approvals and permits.
B -S. 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 -6. Provide electrical plan including load calculations and panel schedule, plumbing
schematic and mechanical plan applicable to scope of work for plan review.
Prior to Issuance of Building Permit(s)
B -7. 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.
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. 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 -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 will be required if any new walls
are going to be added or existing walls are going to be removed.
POLICE DEPARTMENT
General Requirements
PD -1. Applicant has a Type 23 License (Small Beer Manufacturer). A Type 23 license
authorizes the same privileges and restrictions as a Type 01. A brewpub is typically a
very small brewery with a restaurant. A micro - brewery is a small -scale brewery
operation.that typically is dedicated solely to the production.of specialty beers, although
some do have a restaurant or pub on their manufacturing plant.
PD -2. Applicant will comply with Temecula Municipal Code Section 9.14.010, Consumption of
Alcoholic Beverages in Public Prohibited.
PD -3. Alcohol may be not sold to or consumed by any person under the age of 21.
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 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. 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 -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. 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 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 -9. 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 -10. 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 -11. Applicant will ensure no loitering occurs on or adjacent to its premises during hours of
operation.
PD -12. Applicant will ensure sufficient lighting is provided for customers during hours of
darkness if hours of operation extend into the night.
PD -13. Applicant will be responsible for any cost incurred by the Police Department if
additional officers are required because of traffic problems /congestion, public
disturbance or where the need for police presence is required:
PD -14. Any questions regarding these conditions should be directed to the Temecula Police
Department Crime Prevention and Plans Unit at (951) 506 -6793.
& NTY OF RIVERSIDE o COMI NITY HEALTH AGENCY
DEPARTMENT OF ENVIRONMENTAL HEALTH
City of Temecula
Planning Department D o -
c/o Eric Jones
PO BOX 9033 FEB
Temecula, CA 92589 -9033 4�
17 February 2010
RE: PA 10 -0031
The Department of Environmental Health (DEH) has received,and reviewed the PA10-
0031 for the Minor Conditional Permit to allow the Black Market Brewing Company to
open a retail sales area (432 Square Feet) at their existing location located at 41740 North
Enterprise Circle, #109, Temecula, CA 92590, under the applicant: Andrew Marshall.
The food facility building located on this Assessor's Parcel Number (APN 909 - 282 -007)
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. Please contact Bonnie Dierking,
Supervising REHS for plan check requirements at 951.461.0284.
If you have any questions, please do not hesitate to call me at 951.955.8980
Sincerely,
Gregor De lenbach, REHS
EHS 100140
Local Enforcement Agency • P.O. Box 1280, Riverside, CA 92502 -1280 • (951) 955 -8982 • FAX (951) -781 -9653 - 4080 Lemon Street, 9th Floor, Riverside, CA 92501
Land Use and Water Engineering • PO. Box 1206, Riverside, CA 92502 -1206 - (951) 955 -8980 • FAX (951) 955 -8903 - 4080 Lemon Street, 2nd Floor, Riverside, CA 92501
NOTICE OF PUBLIC HEARING
Notice of Public Hearing
A PUBLIC HEARING has been scheduled before the City of Temecula
PLANNING COMMISSION to consider the matter described below:
Case No: PA10 -0031
Applicant: Andrew Marshall, Black Market Brewing
Proposal: A Minor Conditional Use Permit to allow an existing brewery to sell its product to
the general public, located at 41740 Enterprise Circle North
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 15302, Class 1 Existing Facility
Case Planner: Eric Jones, (951) Assistant Planner
Place of Hearing: City of Temecula, Council Chambers
Date of Hearing: September 1, 2010
Time of Hearing: 6:00 p.m.
PA10 -0031
Any person may submit written comments to the Planning Commission 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 Commission shall be filed within the time required by, and
controlled by, 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 Commission, shall be limited to those issues raised at the hearing or in written correspondence
delivered to the City Clerk at, or prior to, the public hearing described in this notice.
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.
ITEM 4 II
STAFF REPORT — PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
DATE OF MEETING: September 1, 2010
PREPARED BY: Eric Jones, Case Planner
PROJECT Planning Application Number PA10 -0168 and PA10 -0169, a Minor
SUMMARY: Conditional Use Permit and Findings of Public Convenience or
Necessity to operate a liquor store (Type -21 License; Off -Sale
General) located at 33321 Temecula Parkway, Suite 105
RECOMMENDATION: Approve with Conditions
CEQA: Categorically Exempt
Section 15302, Class 1, Existing Facilities
PROJECT DATA SUMMARY
Name of Applicant: Vinod Kapoor
General Plan Highway Tourist (HT)
Designation:
Zoning Designation: Highway Tourist (HT)
Existing Conditions/
Land Use:
Site: Existing Commercial Center/ Highway Tourist (HT)
North: Temecula Parkway/ Existing Commercial
South: Existing Commercial Center/ Creek
East: Existing Commercial/ Residential
West: Butterfield Stage Road
Existing /Proposed Min /Max Allowable or Required
Lot Area: N/A N/A
Total Floor Area /Ratio: N/A N/A
Landscape Area /Coverage: N/A N/A
Parking Required /Provided: N/A N/A
1
BACKGROUND SUMMARY
On June 2, 2010, Vinod Kapoor submitted Planning Applications PA10 -0168 and PA10 -0168, a
Minor Conditional Use Permit and Findings of Public Convenience or Necessity to relocate and
operate Melano Liquor at 33321 Temecula Parkway, Suite 105. The business is currently
located at 27911 Jefferson Avenue, Suite 109.
Staff has worked with the applicant to ensure that all concerns have been addressed, and the
applicant concurs with the recommended Conditions of Approval.
ANALYSIS
The applicant has proposed to relocate their existing liquor store (Type 21 License; Off -Sale
General) from 27911 Jefferson Avenue to 33321 Temecula Parkway. The Type -21 License
authorizes the sale of beer, wine and distilled spirits for consumption off the premises where
sold. The new location is zoned Highway Tourist. Per the City of Temecula Development
Code, liquor stores are an allowable use within the Highway Tourist zoning designation with the
approval of a Conditional Use Permit.
The City of Temecula Development Code provides. several provisions with regard to liquor store
locations. Section 17.10.020.B.4.a states that liquor stores shall not be located within 1,000 feet
from any other existing liquor store. The proposed project is not within 1,000 feet of any other
existing liquor store. The closest liquor store will be located approximately 1,300 feet to the
west when it opens for business. This other facility was recently approved by the Planning
Commission on June 16, 2010. The City of Temecula Development Code Section
17.10.020.13.3 also states that alcohol selling businesses shall not be located within 500 feet of
any religious institution, educational institution, day care, or public park. The Code states that
this requirement does not apply when the alcohol selling business and the church, school or
park are located within commercial or industrial zones. The immediately surrounding parcels
are zoned commercial. Furthermore, there are no churches, educational institutions, day cares,
or public parks located within the five hundred foot radius.
The City of Temecula Development Code Section 17.10.020.B.4.b states that a security plan,
including but not limited to, product location, cameras and similar monitoring systems, aisle
configuration, point of sales location(s), exterior and parking lighting, and measures to prevent
and discourage loitering and other reasonable factors must be submitted to the Chief of Police.
The Police Department has informed staff that they approve of the applicant's security
measures and hours of operation. Per the submitted Statement of Operations, the proposed
hours of operations are as follows: Monday through Thursday 7 a.m. — 11 p.m., Friday through
Saturday 7. a.m. — 12 a.m., and Sunday 8 a.m. — 10 p.m. In addition, the Police Department has
provided Conditions of Approval for the project.
The California Department of Alcoholic Beverage Control has required the applicant to also
pursue a Finding of Public Convenience or Necessity Application. The applicant submitted this
application with the Minor Conditional Use Permit application to allow for concurrent processing.
LEGAL NOTICING REQUIREMENTS
Notice of the public hearing was published in the Californian on August 21, 2010 and mailed to
the property owners within the required 600 -foot radius.
2
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 15302, Class 1
Existing Facilities
The project will allow for a liquor store to be located within an existing commercial center. No
new square footage will be required to accommodate this use. Only construction activities
related to tenant improvements will take place.
FINDINGS
Conditional Use Permit (Section 17.10.040.E)
The proposed conditional use is consistent with the General Plan and the Development Code.
The proposed use is for a liquor store within an area zoned Highway Tourist (HT). Liquor stores
are a permitted use in this zone with the approval of a Conditional Use Permit per the City of
Temecula Development Code (Table 17.08.030). In addition, the proposed conditional use has
been reviewed and conditioned by Public Works, Building and Safety, Fire, and the Police
Department to ensure it is consistent with the General Plan and the Development Code.
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 use will be located within an existing commercial center. The Development Code
specifies that new liquor stores must be at least 1,000 feet from existing liquor store. This
particular store is approximately 1,300 feet east of a soon to open liquor store. Further, the
proposed use has been reviewed and conditioned by Public Works, Building and Safety, Fire,
and the Police Department to ensure it is compatible with the nature, condition and development
of adjacent uses, buildings and structures and to also ensure the proposed conditional use will
not adversely affect the adjacent uses, buildings or structures.
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 proposed liquor store will be located within an existing commercial shopping center zoned
Highway Tourist (HT). Liquor stores are a permitted use in this zone with the approval of a
Conditional. Use Permit. The proposed use will be conducted within an existing building for
which the site adequately provides for yards, walls, fences, parking and loading facilities, buffer
areas, landscaping, and other development features prescribed in the Development Code.
The nature of the proposed conditional use is not detrimental to the health, safety and general
welfare of the community.
The proposed conditional use has been reviewed and conditioned by Public Works, Building
and Safety, Fire, and the Police Department to ensure it will not be detrimental to the health,
safety, and general welfare of the community.
3
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 the 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.
Findings of Public Convenience or Necessity (Section 17.10.020.6.5)
Whether or not the proposed use is consistent with the General Plan and Development Code
Liquor stores are a permitted use within areas zoned Highway Tourist (HT) with the approval of
a Conditional Use Permit. The project has been reviewed and conditioned by Public Works,
Building and Safety, Fire, and the Police Department to ensure it is consistent with the General
Plan and Development Code.
Whether or not the proposed use is compatible with the nature, condition and character of
adjacent land uses
The proposed use will be located within an existing commercial shopping center. This center is
located within the Highway Tourist (HT) zoning designation. This designation allows for liquor
stores after the approval of a Conditional Use Permit. The use has been reviewed and
conditioned by Public Works, Building and Safety, Fire, and the Police Department to ensure it
is compatible with the nature, condition and character of adjacent land uses.
Whether or not the proposed use would have an adverse effect on adjacent land use.
The proposed use will be located within an existing commercial shopping center. This center is
located within the. Highway Tourist (HT) zoning designation. This designation allows for liquor
stores after the approval of a Conditional Use Permit. The use has been reviewed and
conditioned by Public Works, Building and Safety, Fire, and the Police Department to ensure it
will not have an adverse affect on adjacent land uses.
Whether or not the proposed use would result in an excessive number of similar establishments
in close proximity.
The City of Temecula Development Code requires that new liquor stores be placed no closer
than 1,000 feet from existing liquor stores (Section 17. 10:020.6.4). A recently approved liquor
store will soon be open approximately 1,300 feet to the west. This exceeds the 1,000 foot
requirement stipulated by the Development Code. Therefore, approval of the proposed use will
not result in an excessive number of similar establishments in close proximity.
ATTACHMENTS
Vicinity Map
Plan Reductions
Resolution
Exhibit A — Draft Conditions of Approval
Notice of Public Hearing
4
VICINITY MAP
G
a' ME
PA 10 -0168
O �
.
j \
y-=
•
0 80 160 ..320" - '` 480 640
Feet
... ...... .
PLAN REDUCTIONS
ilk
Af/i1RLr` .. (' � O v�• CJ • wR MM•P TSwsuc�..ru•.M•
, � • '— .•V. � C �1 Q Nw.iw MMR.M �sa,sWweus. uen.ea.•w.
6W1014Y '1 O •... Q
—
:. FUTURE a w...•,<«..�, am �
11 RETAIL /SELF
STORAGE
Sam Ax
•i �.� 4. MRK DA,p
Project
' � •. — � • , � ' ,°°�''aa "�"iL �� U `�rjE�jff
Location
A s s I RE W —M N
M. .aaose..S
i 1
� .wrw wosme C
i rrli at &AL rafts o s
CffL IN(i
s R J
__--- �' -�^-- ..___- •_ .et eVM.M. M..Pt.M wa.! '4TC.[aIPeWOfu Opc
UTFERFIELD
yY.ti._.._. :i>}• x:w w.m. �viuxc. I
�^ D
pi
c o I n
M M
W MKiN
A enlY>>wz, ,ww.r i»cnM[wct.HtR.rMUU.
[A ......,....�.. .e,naR..
" w
SOE Ft1d1 x m ttoe0 ,,:eo
WH SODA FLOOR PLAN NOTES:
OILE T / 1. INSIDE DIMENSIONS OF THE NEW OFFICE SHALL BE 13' -3" LONG. T -0" WIDE AND 9' -0" HIGH.
<
REFRI soa 2. INSTALL SIGN ABOVE MAIN DOOR, "THIS DOOR TO REMAIN OPEN DURING BUSINESS e l soon HOURS ". I � } 3. WATER HEATER SHALL BE INSTALLED ON THE WALL WITH BRACKETS AT SHOWN I C LOCATION.
M soa 4. SAW CUT FLOOR FOR FLOOR SINKS AND FLOOR DRAIN FOR DRAINAGE.
NEW 5. PROVIDE DETERGENT OVERHEAD CABINET ABOVE MOP SINK.
WALL 6. ALL WALLS BEHIND MOP SINK MUST BE PROTECTED WITH AT LEAST 4" HIGH WATER I- �
C RESISTANT MATERIAL (FRP ). 0 O
m 7. PROVIDE TOILET GRAB BARS - 1 -1/4" DIAMETER WITH ONE 36" LONG AND ONE 42" LONG. W a
8, PROVIDE PAPER TOWEL DISPENSER IN BATH ROOM. () B o
SOp 9. PROVIDE TOILET TISSUE DISPENSER IN BATH ROOM. _
E W C 1001 10. PROVIDE 24"X 16" MIRROR ABOVE SINK IN THE BATH ROOM. ( Z U N
ALL G N O S 11. PROVIDE SOAP DISPENSER IN THE BATH ROOM. Q o O
m 12. PROVIDE MINIMUM 4' WAINSCOT ON WALLS BEHIND ALL SINKS. E WAINSCOT AT � O E
NOTE: FIELD VERIFY POINTS OF LEAST 18" BEYOND SIDES OF SINKS. U) Z LL
C CONNECTION PRIOR TO BEGINNING 13. PROVIDE RINGS TO SECURE BRUSHES A MOPS. I W > s
WALK -IN ANY INSTALLATION OF NEW PLUMBING
C' WORK. 14. INSTALL GONDOLAS BY ANCHORING SEISMICALLY TO THE FLOOR, W OV
COOLER 15. REFRIGERATION CABINETS, ICE MAKER, WALK -IN- COOLER TO BE INSTALLED BY Z W w 0) SEE PLUMBING PLANS W m c
SODA R RIG. C' REFRIGERATION CONTRACTOR. (7 Z 002
16. CONTRACTOR TO VERIFY WITH OWNER ALL FINISHES PRIOR TO BIDDING THE PROJECT. x� a
saa 900 17. FLOORS, WALLS AND CEILINGS THROUGHOUT THE FACILITY TO BE NON - ABSORBANT W Z >- N
B LIGHT COLORS AND EASILY CLEANABLE. CLARIFY WITH OWNER ABOUT FLOOR ~
m MATERIALS BEFORE BIDDING. I Q d = O
C +� 18. ALL NEW WALLS SHALL BE 5/8" GYPSUM BOARD WITH SEMI -GLOSS PAINT FINISH. C7 W U j
19.OFFICE ROOM SHALL HAVE 2' -0" x 4' -0" ACOUSTICAL SUSPENDED CEILING. l Y M L
+oa _ 20. ARMSTRONG SERIES 870VL FIREGUARD CEILING TILE OR EQ. SPECIFIED.
21. ALL COVED BASES SHALL HAVE A MINIMUM �' RADIUS PER HEALTH CODE. I
L)
/
® // LIST OF DRAWINGS
I< Y ~ A -1 ARCHITECTURAL FLOOR PLAN M -1 HVAC FLOOR PLAN
o G N O S E - tos
U UAED ATCH A -2 ARCHITECTURAL DETAILS M -2 HVAC ROOF PLAN g
SMOOTH WAS
IN NE A -3 ENVELOPE COMPLIANCE M -3 MECHANICAL DETAILS
S WA L M -4 MECHANICAL TITLE 24 COMPLIANCE
E -1 LIGHTING FLOOR PLAN
=l M -5 MECHANICAL TITLE 24 COMPLIANCE
I) E -2 ELECTRICAL POWER PLAN
M -6 MECHANICAL TITLE 24 COMPLIANCE
E -3 ELECTRICAL ROOF PLAN 2 AGE 2 •0 _, i P - HOT AND COLD WATER PLAN EA E -5 LIGHTING TITLE 24 COMPLIANCE P WASTE AND VENT PLAN "" E -6 LIGHTING TITLE 24 COMPLIANCE P -3 PLUMBING DETAILS - 2010 -37
ARCHITECTURAL FLOOR PLAN - " °' DATE
SCALE: 1/4" = 1' — 0" A -1 524 -10
PC RESOLUTION
PC RESOLUTION NO. 10-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NOS. PA10 -0168 AND PA10- 0169, A
MINOR CONDITIONAL USE PERMIT AND FINDINGS OF
PUBLIC CONVENIENCE OR NECESSITY TO OPERATE A
LIQUOR STORE (TYPE -21 LICENSE: OFF -SITE
GENERAL) LOCATED AT 33321 TEMECULA PARKWAY,
SUITE 105 (APN 966- 010 -011)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On June 2, 2010, Vinod Kapoor, filed Planning Application Nos. PA10-
0168, a Conditional Use Permit Application and PA10 -0169, an application for Findings
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 September 1, 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 -0168 and
PA10 -0169 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 (Section 17.10.040.E)
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 use is for a liquor store within an area zoned Highway Tourist
(HT). Liquor stores are a permitted use in this zone with the approval of a
Conditional Use Permit per the City of Temecula Development Code (Table
17.08.030). In addition, the proposed conditional use has been reviewed and
conditioned by Public Works, Building and Safety, Fire, and the Police
Department to ensure it is consistent with the General Plan and the Development
Code.
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 use will be located within an existing commercial center. The
Development Code specifies that new liquor stores must be at least 1,000 feet
from existing liquor store. This particular store is approximately 1,300 feet east
of a soon to open liquor store. Further, the proposed use has been reviewed and
conditioned by Public Works, Building and, Safety, Fire, and the Police
Department to ensure it is compatible with the nature, condition and development
of adjacent uses, buildings and structures and to also ensure the proposed
conditional use will not adversely affect the 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 proposed liquor store will be located within an existing commercial shopping
center zoned Highway Tourist (HT). Liquor stores are a permitted use in this
zone with the approval of a Conditional Use Permit. The proposed use will be
conducted within an existing building for which the site adequately provides for
yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and
other development features prescribed in the Development Code.
D. The nature of the proposed conditional use is not detrimental to the health,
safety and general welfare of the community;
The proposed conditional use has been reviewed and conditioned by Public
Works, Building and Safety, Fire, and the Police Department to ensure it will not
be detrimental to the health, safety, and general welfare of the community.
E. That the decision to approve, conditionally approve, or deny the
application fora 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 the
Conditional Use Permit is based on substantial evidence in view of the record as
a whole before the Planning Commission or City Council on appeal.
Findings of Public Convenience or Necessity (Section 17.10.020.13.5)
F. Whether or not the proposed use is consistent with the General Plan and
Development Code;
Liquor stores are a permitted use within areas zoned Highway Tourist (HT) with
the approval of a Conditional Use Permit. The project has been reviewed and
conditioned by Public Works, Building and Safety, Fire, and the Police
Department to ensure it is consistent with the General Plan and Development
Code.
G. Whether or not the proposed use is compatible with the nature, condition
and character of adjacent land uses;
The proposed use will be located within an existing commercial shopping center.
This center is located within the Highway Tourist (HT) zoning designation. This
designation allows for liquor stores after the approval of a Conditional Use
Permit. The use has been reviewed and conditioned by Public Works, Building
and Safety, Fire, and the Police Department to ensure it is compatible with the
nature, condition and character of adjacent land uses.
H. Whether or not the proposed use would have an adverse effect on
adjacent land use;
The proposed use will be located within an existing commercial shopping center.
This center is located within the Highway Tourist (HT) zoning designation. This
designation allows for liquor stores after the approval of a Conditional Use
Permit. The use has been reviewed and conditioned by Public Works, Building
and Safety, Fire, and the Police Department to ensure it will not have an adverse
affect on adjacent land uses.
I. Whether or not the proposed use would result in an excessive number of
similar establishments in close proximity;
The City of Temecula Development Code requires that new liquor stores be
placed no closer than 1,000 feet from existing liquor stores (Section
17.10.020.6.4). A recently approved liquor store will soon be open
approximately 1,300 feet to the west. This exceeds the 1,000 foot requirement
stipulated: by the Development Code. Therefore, approval of the proposed use
will not result in an excessive number of similar establishments in close
proximity.
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 Findings 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 15302, Class 1 Existing Facilities);
The project will allow for a liquor store to be located within an existing
commercial center. No new square footage will be required to accommodate this
use. Only construction activities related to tenant improvements will take place.
Section 4. Conditions. The Planning Commission of the City of Temecula
approves Planning Application Nos. PA10 -0168 and PA10 -0169, a Minor Conditional
Use Permit and Findings of Public Convenience or Necessity to operate a liquor store
(Type -21 License) located at 33321 Temecula Parkway, Suite 105. 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 1 st day of September 2010.
Carl Carey, Chairman
ATTEST:
Patrick Richardson, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Patrick Richardson, Secretary of the Temecula Planning Commission, do
hereby certify that the forgoing PC Resolution No. 10- was duly and regularly
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the 1 st day of September 2010, by the following vote:
AYES: PLANNING COMMISSIONERS:
NOES: PLANNING COMMISSIONERS:
ABSENT: PLANNING COMMISSIONERS:
ABSTAIN: PLANNING COMMISSIONERS:
Patrick Richardson, Secretary
EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application Nos.: PA10 -0168 & PA10 -0169
Project Description: A Minor Conditional Use Permit and Findings of Public Convenience
or Necessity to operate a liquor store (Type -21 License; Off -Sale
.General) located at 33321 Temecula Parkway, Suite 105
Assessor's Parcel No.: 966 =010 -011
MSHCP Category: Exempt (Existing Structure — Tenant Improvements Only)
DIF Category: Exempt (Existing Structure — Tenant Improvements Only)
TUMF Category: Exempt (Existing Structure — Tenant Improvements Only)
Approval Date: September 1, 2010
Expiration Date: September 1, 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 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 development of the premises shall substantially conform to the approved site plan
and elevations contained on file with the Planning Department.
PL -8. 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 -9. The applicant shall comply with their Statement of Operations dated May 31, 2010, on
file with the Planning Department, unless superseded by these Conditions of Approval.
PL -10. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the
City's Development Code.
PL -11 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 -12. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer
for the facility shall ensure that the employe_ a has received Licensee Education on
Alcohol and Drugs (L.E.A.D.) training from the California Department of Alcoholic
Beverage Control.
PL -13. Hours of operation for the facility shall be as follows: Monday — Thursday: 7 a.m. to 11
p.m., Saturday 7 a.m. to 12 a.m., and Sunday 8 a.m. to 10 p.m.
PL -14. The applicant shall abide by all requirements of the California Department of Alcoholic
Beverage Control.
PL -15. The applicant shall not allow the sale of adult materials as defined per the City of
Temecula Municipal Code Section 5.09.
PL -16. 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.
PL -17. The applicant shall comply with the Public Art Ordinance.
Prior to Issuance of Building Permit(s)
PL -18. The developer shall provide the Planning Department verification of arrangements
made with the City's franchise sol waste hauler for disposal of construction and
demolition debris.
OUTSIDE AGENCIES
PL -19. The applicant shall comply with the recommendations set forth in the County of
Riverside Department of Environmental Health's transmittal dated June 30, 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; Califomia 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 projects shall provide a house electrical meter to provide power for the
operation of exterior lighting, irrigation pedestals and fire alarm systems for each
building on the site. Developments with single user buildings shall clearly show on the
plans how the operation of exterior lighting and fire alarm systems when a house meter
is not specifically proposed.
At Plan Review Submittal
B -4. Provide electrical plan including load. calculations and panel schedule, plumbing
schematic and mechanical plan applicable to scope of work for plan review.
B -5. Provide number and type of fixtures to be added. Must be in accordance with the
provisions of the 2007 edition of the California Plumbing Code.
FIRE PREVENTION
General Requirement
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. During remodeling and /or addition construction, all fire and life safety systems will be
maintained in working order and up to their original design and performance
specifications.
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 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 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).
F -7. A "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum of six feet
in height and be located to the right side of the fire riser sprinkler room. If the building is
already equipped with a knox box then it will be required that the fire department
obtains a key to the business to place in the knox box (CFC Chapter 5, Section 506).
F -8. Prior to final inspection of any building, the applicant shall prepare and submit to the
Fire Department for approval, a site plan designating fire lanes with appropriate lane
painting and /or signs (CFC Chapter 5, Section 503.3).
POLICE DEPARTMENT
General Requirements
PD -1. Applicant shall comply with all laws, ordinances, rules and regulations pertaining to the
operation of a liquor store holding a type 21 (Off sale general) license.
PD -2. No alcohol shall be sold to any person less than 21 years of age.
PD -3. No Tobacco or any other item restricted from sales to minors will be sold to any person
less than 18 years of age.
PD -4. Contact the Temecula Police Department for compliance inspections and training for
both employees and owners.
PD -5. Applicant will comply with Temecula Municipal Code Section 9.14.010, Consumption of
Alcoholic Beverages in Public Prohibited.
PD -6. 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 -7. 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 -8. 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 -9. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware
shall be commercial or institution grade.
PD -10. 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 -11. 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 -12. 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 -13. Penal Code 490.5 affords merchants the opportunity to recover their losses through a
civil demand program.
PD -14. 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 -15. Businesses desiring a business security survey of their location can contact the Crime
Prevention and Plans Unit of the Temecula Police Department.
PD -16. 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 -17. Any questions regarding these conditions should be directed to the Temecula Police
Department Crime Prevention and Plans Unit at (951) 695 -2773.
Q COUNTY OF RIVERSIDE • HEALTH SERVICES AGENCY Q
DEPARTMENT OF ENVIRONMENTAL HEALTH
June 30, 2010
l JUL 6
City of Temecula
Planning Department
Attn: Eric Jones, Planner
P.O. Box 9033 --
Temecula CA 92589 -9033
SUBJECT: PA10 -0168 — MELANO LIQUOR (APN #966- 010 -011)
Dear Mr. Jones:
The Department of Environmental Health (DEH) has reviewed the application for the
above project and offers the following comments:
PROJECT SUMMARY
This project is proposing a minor Conditional Use Permit to allow Melano Liquor to
relocate to 33321 Temecula Parkway, Suite 105, Temecula, CA 92592. It is the
understanding of this Department that this project will obtain water and sewer service
from a utility company.
WATER AND SEWER "WILL- SERVE" LETTER
A "Will- Serve" letter from the agency(ies) that will be providing potable water and
sanitary sewer service for this project must be submitted to this Department for. review
and approval.
FOR ANY FOOD FACILITIES
1. 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 Uniform Retail Food Facilities Law.
'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 • P0. 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
June 30, 2010
RIVERSIDE COUNTY - HAZARDOUS MATERIALS MANAGEMENT BRANCH
This 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. Please 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.
Si y,
Michael Mistica, R.E.H.S.
Environmental Health Specialist IV
NOTICE OF PUBLIC HEARING
Notice of Public Hearing
A PUBLIC HEARING has been scheduled before the City of Temecula
PLANNING COMMISSION to consider the matter described below:
Case No: PA10 -0168 & PA10 -0169
Applicant: Vinod Kapoor
Proposal: A Minor Conditional Use Permit and Findings of Public Convenience or Necessity
to operate a liquor store (Type -21 License; Off -Sale General) located at 33321
Temecula Parkway, Suite 105
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 15302, Class1 Existing Facilities
Case Planner: Eric Jones, (951) 506 -5115
Place of Hearing: City of Temecula, Council Chambers
Date of Hearing: September 1, 2010
Time.of Hearing: 6:00 p.m.
PA10 -0168 C
�\ (N 1 A iR IVY
NN
�G)
�
0 365 73G 1.,460
Feet
Any person may submit written comments to the Planning Commission 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 Commission shall be filed within the time required by, and
controlled by, 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 Commission, shall be limited to those issues raised at the hearing or in written correspondence
delivered to the City Clerk at, or prior to, the public hearing described in this notice.
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.