Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
060612 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 41000 MAIN STREET JUNE 6, 2012 — 6:00 PM PRELUDE MUSIC: CALL TO ORDER: Flag Salute: Roll Call: PUBLIC COMMENTS Earlene Bundy Commissioner Carey Carey, Guerriero, Harter, Kight, and Telesio Next in Order: Resolution: 12-13 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 May 16, 2012 1 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. 2 Planning Application No. PA12-0059, a Minor Conditional Use Permit to allow the Wiens Brewing Company (ABC License Type 23 - Small Beer Manufacturer) to open a 947 square foot retail and tasting area located at 27941 Diaz Road, Suite A, Matt Peters RECOMMENDATION: 2.1 Adopt a resolution entitled: PC RESOLUTION NO. 12- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA12-0059, A MINOR CONDITIONAL USE PERMIT FOR WIENS BREWING COMPANY TO OPERATE A BEER MANUFACTURING FACILITY WITH A 947 SQUARE FOOT RETAIL AND TASTING AREA AT 27941 DIAZ ROAD, SUITE A (APN 921-040-003) REPORTS FROM COMMISSIONERS DIRECTOR OF PLANNING AND DEVELOPMENT REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, June 20, 2012, 6:00 PM City Council Chambers, 41000 Main Street, 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 41000 Main Street 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.cityoftemecuIa.org. 2 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET MAY 16, 2012 — 6:00 PM PRELUDE MUSIC: CALL TO ORDER: Flag Salute: Roll Call: ABSENT: CONSENT CALENDAR 1 Minutes Earlene Bundy Commissioner Kight Carey, Guerriero, Harter, Kight, and Telesio GUERRIERO Next in Order: Resolution: 12-13 1.1 Approve the Minutes of May 2, 2012 APPPROVED 4-0-1-0; MOTION BY COMMISSIONER KIGHT, SECOND BY COMMISSIONER HARTER; VOTE REFLECTED APPROVAL; GUERRIERO ABSENT 2 Director's Hearing Summary Report RECOMMENDATION: 2.1 Receive and File Director's Hearing Summary Report APPPROVED 4-0-1-0; MOTION BY COMMISSIONER KIGHT, SECOND BY COMMISSIONER HARTER; VOTE REFLECTED APPROVAL; GUERRIERO ABSENT COMMISSION BUSINESS 3 Capital Improvement Plan (CIP) General Plan Consistency RECOMMENDATION: 3.1 Finding of Consistency with General Plan APPROVED 4-0-1-0; MOTION BY COMMISSIONER KIGHT, SECOND BY COMMISSIONER HARTER; VOTE REFLECTED APPROVAL; GUERRIERO ABSENT 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 1 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. 4 CONTINUED FROM MAY 2, 2012 MEETING: Planning Application No. PA12-0032, a Conditional Use Permit for Soro's Mediterranean Grill to upgrade their ABC license from a Type 41 (beer and wine) to Type 47 (beer, wine and distilled spirits), located at 28464 Old Town Front Street, Matt Peters RECOMMENDATION: 4.1 To be continued off calendar. APPROVED 4-0-1-0; MOTION BY COMMISSIONER HARTER, SECOND BY COMMISSIONER KIGHT; VOTE REFLECTED APPROVAL; GUERRIERO ABSENT REPORTS FROM COMMISSIONERS DIRECTOR OF PLANNING AND DEVELOPMENT REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, June 6, 2012, 6:00 PM City Council Chambers, 41000 Main Street, Temecula, California. Ron Guerriero Chairman 2 Patrick Richardson Director of Planning and Development DATE OF MEETING: PREPARED BY: PROJECT SUMMARY: RECOMMENDATION: CEQA: STAFF REPORT— PLANNING CITY OF TEMECULA PLANNING COMMISSION June 6, 2012 Matt Peters, Case Planner Planning Application No. PA12-0059, a Minor Conditional Use Permit for Wiens Brewing Company to operate a beer manufacturing facility with a 947 square foot retail and tasting area at 27941 Diaz Road, Suite A (APN 921-040-003) Approve with Conditions Categorically Exempt Section 15301, Class 1 Existing Facilities PROJECT DATA SUMMARY Name of Applicant: General Plan Designation: Zoning Designation: Existing Conditions/ Land Use: David Wiens, on behalf of Wiens Brewing Company Industrial Park (IP) Light Industrial (LI) Site: Developed with five industrial buildings and associated parking North: South: East: West: Developed, light industrial uses Developed, light industrial uses (Downs Energy) Diaz Road and Murrieta Creek Developed, light industrial uses BACKGROUND SUMMARY On March 21, 2012, Mr. David Wiens, on behalf of Wiens Brewing Company, submitted Planning Application No. PA12-0059, a Minor Conditional Use Permit for Wiens Brewing Company to operate a beer manufacturing facility with incidental tasting room/sales located within 7,014 square feet of an existing industrial building located at 27941 Diaz Road. Proposed hours of operation for the retail/tasting room are Monday through Sunday, 10 a.m. to 8 p.m. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. 1 ANALYSIS The proposed brewery involves the manufacturing of beer for Wiens Brewing Company. Per Section 17.08.030, manufacturing uses are permitted on the project site which is developed with five existing buildings and zoned Light Industrial. The project involves interior improvements to an existing 7,014 square foot leasehold. As part of the project the applicant proposes a retail/tasting room to allow the general public to taste the beer manufactured on site before making a selection to purchase beer directly from the facility. Per Development Code Section 17.08.020.F, retail uses (supporting a principal manufacturing use) not exceeding 15 percent of the primary business area are permitted in the Light Industrial zoning district. The proposed leasehold area for Wiens Brewing Company totals 7,014 square feet, with the proposed tasting room occupying 947 square feet. This amount is equal to 13.5 percent of the total square footage for the establishment, thereby complying with the requirements of the Development Code (maximum 15 percent). The retail sale of beer requires a Conditional Use Permit for alcohol sales, as well as a Type 23 License from Alcohol Beverage Control. Retail/tasting hours will be Monday through Sunday, 10 a.m. to 8 p.m. According to ABC, a Finding of Convenience or Necessity is not required for a Type 23 license. The project is consistent with the Development Code requirements for the Light Industrial zoning district and the Supplemental Development Standards for Alcohol Beverage Sales. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on May 24, 2012 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 per CEQA Section 15301, Class 1 Existing Facilities. The proposed project will be within an existing building and involves minor tenant improvements. These improvements will not result in the creation of any new square footage to the structure. FINDINGS The proposed conditional use is consistent with the General Plan and the Development Code. The proposed conditional use is consistent with the General Plan and the Development Code. The proposed Minor Conditional Use Permit is intended to allow for a beer manufacturer (brewery) with incidental retail and tastings by the glass. The business is located in the Light Industrial zone that permits manufacturing uses with incidental retail The alcohol sales component of the business is a conditionally permitted use. As conditioned the project 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. 2 The proposed brewery and tasting facility will be located within an existing building in an industrial park. Tenants in the center include other manufacturing businesses and associated office uses. The proposed conditional use is compatible with and will not adversely affect other 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 City of Temecula Development Code (Section 17.08.030) allows for a retail support use to a non-commercial business (limited to the sale of products manufactured or assembled on site) that occupies less than 15% of the floor area of the business. The proposed beer manufacturing use is a non-commercial business with a support retail tasting room that is less than 15 percent of the business floor area. The proposed conditional use will be located within an existing industrial building adequate in size and shape to accommodate all utilitarian aspects of the project so that the use will integrate with the existing tenants on site. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. As conditioned, the proposed brewery and tasting room will not be detrimental to the health, safety and general welfare of the community. The project is subject to the requirements of the Municipal Code that protect 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 conditionally approve the Conditional Use Permit for Wiens Brewing Company is based on substantial evidence in view of the record as a whole before the Planning Commission. ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Statement of Operations Notice of Public Hearing 3 'i 'I1=1t MILIR$ V•111/X411211/1. Wfl1ApMq 11MWRUWNtW.14t4W4YW 1 411•41XIOM20.10 let .lOW11 MR}t1$ •WI„0A 1 ,6......,6N..�..Mt . maw A•Straapf1 urns nra . 4e11M1WoORIoa Tt1a 41IXa1E. NdKINY ICXMORF pwt.. � 1WM LOW VOL OM 016.14• t VIAlKTA4bcM 6 .OI04.4t06I•IK Ia11.•OYKM,x/A.M.t4N 111102.lXXXX t, KM, 41~1 AWX40eMat Oft MOWS. m.list* 4wv4 it aUE'w'.Wpfl••M.R W TEIIN.• \A Architects, Inc. ..t_.........eft ........ . MINOR CONDITIONAL USE PERMIT a! WIENS BREWING COMPANY ` lib WIENS CELLARS LLC f. t a 27941 DIAZ ROAD, SUITE A. TEMECULA CALIFORNIA E CIDR —'C • O I 14 I I >M9/TOIA41fAtE MIA V 4 cA06.4\WVR j IQI 1111/ 401, •lan •Q —• I V l,u •wow. taw I�-� Q ,•,,_, /^�,�"M".'"..".11.41143":"""'"17•0:12447" `J cowl I 4 JAL- L I I I I /VA4 WY ANA IMI lex a to aw 1L 3.1.011.MRCY ..1 ►wnolltw M w LSIA0.111144.. .1.1 11V6qu1 IS M M K MM. 4WE,m MIME BVGS400 RPAInxalma .6SNd 10 a 1 ween Lel IM K)61601 AMOR P004 IX ISOM w WOK : a1. CR. d1 1 We 1➢W I us46uv6 F01ANAf "••Ci.J ^ IL .. BIEWFIII SrcA O I _�' �.1 al s5•WY I l(T7li<T] S�� f , I OO E1'— —^ /�_\ •. . IKaLIS1461PtO ...,-.;V -.W'f�WQPIIMO ® ESS—P.. K LISIIS.IK40MK .oza g14lI651E0I® .9MQlnpyfyVl TOlM1E SYS r la 10011:61.11., eOW T.N.�.XXX Illy, ,.. faXIM 4 1. 4T.dol,.x.1..44.11IYT.rr.le x 144110.1.10.1:131001^ Il =MX. Of 1610,1005.910,iW446M6 N6N.Iq a 1�/Ore� W •[4; ®Twl I MTWF2Il6MWTR 10t a w.Eawan 4w5+as aA iC 0.4 £0 NIt1hOIJO0M4kla rdaQ 440NI4TFIXIMIXIWO]INM ITU Marl ltr ><�C .fid L qr Q tfd St afd V., 1 ®iw III 1 _Tb III I �. _ D. 06145 As.urccwwwWOG o G ^I Il O O O–' Q I 1 ® FM M �4OilEW • ® 16b 6» . 0 EXAMWI ® MM. anT.:cm.•..al I I I I I I I Io ( III ( I I III n G I O alialeXCESIRI MP Iwxoaura gDR _ — • Q ICI 1U1—iilJil .Ki 4{Y y O ��.� FY 4O. PI ..BEDmlt.xY4.ct —J 4lMMOl1E. ® 4w:Ri1OLER Et, �, � I ,_._ ' :•:/,.. V CO M SO,nNOIrSIBO. TW[l•IYd.NL TI.S ENLARGED SITE PLAN l'.244'6 REFERENCE NOTES 5 PROJECT SUMMARY 3 rf 4JOA,M• .�al at1....l.6 A°°WiOH aga NOTvwa.•viv •Nc111aT144M 0w4w1 .1 /� r--- _; — — 1 — — _ — _ —.\ n ( i �f I . .... . mime .IIIIIII■ ' ■� , j vs 4410 el coed etr — qtr I.p ud ata 13 0410 yr c aua. I ' — — — I — L am• ICI. No Q t — — 54644v6 WT.MeT — W 160.116 Ig14.. oes.cu46 bT. NAi — — I lus�ulu6 WI MI 1 • 1 I �. f j. d �-. ••• C5 = 0 I g A APPLICANT INFORMATION , 2 �, I I 01/ �'• \ I El I I l I w w• w awTg4 R O° O Q 7 I meaav II.Y4feeb Nf POSIoa *SCUD I1111111IHIHi1iiiniiHIH111HJiiif111111111iuiiiniiiiii1111 1111F1111112111111 1 IaMw4 ue t�wuomnA.��� J V 210 IO' W a1. 01.11•X XI .T,tf_ PRAM. leAXXX ill 51.6/40 P. N SITE ENLARGED S LARGE SIMI TE PLAN M°p `.•I+ A1.1 OVERALL SITE PLAN 1-.4�-o•4 VICINRY MAP 1 Cc.attml A A 1c ONL NI OEWiIw 1199210.4 019.90 CaEGtEU GALE 01193011 SCALE: r•ott13000119E FLOOR PLAN PROVrE, ALUMNLIA ROOF OYER LISTING r?l sN EMAOSUI� rWIDE ERR PATH TOGATE GALE TO HAVE LEVER EMR HARDWARE PROVIDE EXR LLLMNATION 14 FENCED AREA •ad • FLOOR PLAN 2 p L.4:0( Ft, WSW, p 1,4.».,>4 p UST. ElFCT'XM HX•...9r p .991,09901 Q A90.1La.or: 0, ,W ® 10;03119 Q 03030 09439119.91. ® ..u.a...a$9o0:00e0. Ce U01NicaaErE Are Ci, ONO+, 9090901N.91 Q o33181NAn(110131E Q 111300901001300033031111001.31.1.0 d 3011003.111 00E0030 Mal 904 SE£01311110 0.31111 ® 03,1000130e4001011,0.39..11L Q�\ 0909909.90000.0909909.900000909909.0909909.90000.11114a9100010A 4 r.I Mnt8 9 NEAEOex00 E G^J 0.W191L3ERIl10np10 Q •P 10iM/1dE951811p00110 Mrtl ® SW 04301 Q 001131390‘13091901303010. OM PLR b PM/AN= Q 00E101180E01 O 0611084111'-110 9.0 /MAY. ® 10AE3U1i/R5f0E150E3Y Q BASE 0010 Q0. bt311VE0t1311®IMi1TM1 Q 0394 SiCRROrt 91.393 ® mom murmur. O Caw •oa+•en>,la,cLwwlvotmn.rr Q 109e9043093 © •.0 x. 0319019E91E19019001 RETAL I TARIM SPACE 947 SF BREWTAY 0A96 SF SERVICE 572 SF HALLWAY 11K1 SF MENS ROOM MSF W01ERS ROOM 140 SF .WOOR 29 SF MICE RiFIZAHIRE) 463 SF SIORAOEBEVALRE) EON SF TOTALAREA 7A14 SF REFERENCE NOTES 1 3 ROOM AREA SUMMARY WEE Architects, Inc. 001111E0h CALUOMRIA 9001.0•900 9999 KO s 099•09p 000...•11300030 101,9031,0020 •WOAq H 2 et a Q Wa -1 U J 0 j W ez Z CD U0 Z og Z J U 0 a 7d 0 3 U W f a z DL 0 =L" ` A2.1 E ti � " ce----` re Mr — = © 1• I, II II I, 1 n JYiji -�ir> ii— / o �, I r 77777111-4 / MEZZANINE MOVE j (' j �,� O ; ; L OFFER STOII E Q LJ i010,. ti, Milk = .______CM o I " SfRVICF r P it 4 I Gili 1 o t+, [O m cel,mc¢H . OUT /AMY / - ;," t'k_ „,, : l`,t.0 A S R ADA ACCESSIBLE COWER ... RETAL/TASTING SPACE --9 Ey, d YI ,t! ----S`-------/% ea@►cE \- A ' VA:WHAMLei RESTROOMS TO BE ADA ADDESSUE - •.r fa r = 1 S. 1 1300 A” BLH ••r • FLOOR PLAN 2 p L.4:0( Ft, WSW, p 1,4.».,>4 p UST. ElFCT'XM HX•...9r p .991,09901 Q A90.1La.or: 0, ,W ® 10;03119 Q 03030 09439119.91. ® ..u.a...a$9o0:00e0. Ce U01NicaaErE Are Ci, ONO+, 9090901N.91 Q o33181NAn(110131E Q 111300901001300033031111001.31.1.0 d 3011003.111 00E0030 Mal 904 SE£01311110 0.31111 ® 03,1000130e4001011,0.39..11L Q�\ 0909909.90000.0909909.900000909909.0909909.90000.11114a9100010A 4 r.I Mnt8 9 NEAEOex00 E G^J 0.W191L3ERIl10np10 Q •P 10iM/1dE951811p00110 Mrtl ® SW 04301 Q 001131390‘13091901303010. OM PLR b PM/AN= Q 00E101180E01 O 0611084111'-110 9.0 /MAY. ® 10AE3U1i/R5f0E150E3Y Q BASE 0010 Q0. bt311VE0t1311®IMi1TM1 Q 0394 SiCRROrt 91.393 ® mom murmur. O Caw •oa+•en>,la,cLwwlvotmn.rr Q 109e9043093 © •.0 x. 0319019E91E19019001 RETAL I TARIM SPACE 947 SF BREWTAY 0A96 SF SERVICE 572 SF HALLWAY 11K1 SF MENS ROOM MSF W01ERS ROOM 140 SF .WOOR 29 SF MICE RiFIZAHIRE) 463 SF SIORAOEBEVALRE) EON SF TOTALAREA 7A14 SF REFERENCE NOTES 1 3 ROOM AREA SUMMARY WEE Architects, Inc. 001111E0h CALUOMRIA 9001.0•900 9999 KO s 099•09p 000...•11300030 101,9031,0020 •WOAq H 2 et a Q Wa -1 U J 0 j W ez Z CD U0 Z og Z J U 0 a 7d 0 3 U W f a z DL 0 =L" ` A2.1 PC RESOLUTION NO. 12- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA12-0059, A MINOR CONDITIONAL USE PERMIT FOR WIENS BREWING COMPANY TO OPERATE A BEER MANUFACTURING FACILITY WITH A 947 SQUARE FOOT RETAIL AND TASTING AREA AT 27941 DIAZ ROAD, SUITE A (APN 921-040-003) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On March 21, 2012, David Wiens, filed Planning Application No. PA12- 0059, 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 June 6, 2012, 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. PA12-0059 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. The proposed Minor Conditional Use Permit is intended to allow for a beer manufacturer (brewery) with incidental retail and tastings by the glass. The business is located in the Light Industrial zone that permits manufacturing uses with incidental retail. The alcohol sales component of the business is a conditionally permitted use. As conditioned the project is consistent with the General Plan and 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 brewery and tasting facility will be located within an existing building in an industrial park. Tenants in the center include other manufacturing businesses and associated office uses. The proposed conditional use is compatible with and will not adversely affect other 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 City of Temecula Development Code (Section 17.08.030) allows for a retail support use to a non-commercial business (limited to the sale of products manufactured or assembled on site) that occupies less than 15 percent of the floor area of the business. The proposed beer manufacturing use is a non- commercial business with a support retail tasting room that is less than 15 percent of the business floor area. The proposed conditional use will be located within an existing industrial building adequate in size and shape to accommodate all utilitarian aspects of the project so that the will integrate with the existing tenants onsite. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; As conditioned, the proposed brewery and tasting room will not be detrimental to the health, safety and general welfare of the community. The project is subject to the requirements of the Municipal Code that protect 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 conditionally approve the Conditional Use Permit for Wiens Brewing Company is based on substantial evidence in view of the record as a whole before the Planning Commission. Section 3 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 15301, Class 1 Existing Facilities). The proposed project will be within an existing building and involves minor tenant improvements. These improvements will not result in the creation of any new square footage to the structure. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA12-0059, a Minor Conditional Use Permit for Wiens Brewing Company to operate a beer manufacturing facility with a 947 square foot retail and tasting area at 27941 Diaz Road, Suite 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 6th day of June, 2012. Ron Guerriero, 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. 12- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 6th day of June, 2012, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS ABSTAIN: PLANNING COMMISSIONERS Patrick Richardson, Secretary EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA12-0059 Project Description: Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: A Minor Conditional Use Permit for Wiens Brewing Company to operate a beer manufacturing facility with a 947 square foot retail and tasting area at 27941 Diaz Road, Suite A (APN 921-040-003) 921-040-003 Exempt (No New Square Footage) Exempt (No New Square Footage) Exempt (No New Square Footage) Approval Date: June 6, 2012 Expiration Date: June 6, 2014 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. 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 on site. 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 dated May 16, 2012, 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. 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 -14. Prior to building permit issuance, the developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. OUTSIDE AGENCIES PL -15. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated April 23, 2012, 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 2010 edition of the California Building, Plumbing and Mechanical Codes; 2010 California Electrical Code; California Administrative Code, 2010 California Energy Codes, 2010 California Green building Standards, California Title 24 Disabled Access Regulations, Temecula Municipal Code. B-2. Provide details of all applicable disabled access provisions and building setbacks on plans. B-3. Provide a path of travel from public way to the main entrance of the building. B-4. Provide van accessible parking located as close as possible to the main entry. B-5. Show path of accessibility from parking to furthest point of improvement. B-6. Bathrooms, counter tops, tables will need to ADA assessable. B-7. Obtain all building plans and permit approvals prior to commencement of any construction work. B-8. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. B-9. 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. B-10. Provide an approved automatic fire sprinkler system. At Plan Review Submittal B-11. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. B-12. Provide installation instruction for all equipment. Prior to Issuance of Building Permit(s) B-13. Provide appropriate stamp of a registered professional with original signature on plans. Prior to Beginning of Construction B-14. A pre -construction meeting is required with the building inspector prior to the start of the building construction. 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. Prior to Issuance of Building Permit(s) F-2. For any changes to the existing fire sprinkler system 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-3. For any changes to the existing fire alarm system 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-4. 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 6 - inch high letters and/or numbers on both the front and rear doors (CFC Chapter 5 and City Ordinance 15.16.020). F-5. 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 (CFC Chapter 5). F-6. The developer/applicant shall be responsible for obtaining underground and/or aboveground tank permits for the storage of combustible liquids, flammable liquids or any other hazardous materials from both the County Health Department and Fire Prevention Bureau (CFC Chapter 34 and City Ordinance 15.16.020). POLICE DEPARTMENT General Requirements PD -1. Applicant has applied for or holds a Type 23 License (Small beer manufacturer). A Type 23 license authorizes the sale of beer to any person holding a license authorizing the sale of beer, and to consumers for consumption on or off the manufacturer's licensed premises. Without any additional licenses, license holder may sell beer and wine, regardless of source, to consumers for consumption at a bona fide public eating place on the manufacturer's licensed premises or at a bone fide eating place contiguous to the manufacturer's licensed premises. License holder may conduct beer tastings under specified conditions (see section 23357.3, ABC regulations). Minors are allowed on the premises. Food Service is not required. PD -2. Applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. PD -3. Applicant shall ensure that no alcohol is 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, onlya valid government issued identification card issued bya Federal, State, County or City agency is acceptable, providing it complies with Section 25660 of the Business and Profession Code (B&P), which includes the following requirements: (a) name of person; (b) date of birth; (c) physical description; (d) photograph; (e) currently valid (not expired). It is the responsibility of the business owner and any person who serves or sells alcohol to be aware of current laws and regulations pertaining to alcoholic beverages. PD -6. 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 -7. 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 -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 anytime during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer (Sections 25616, 25753, and 25755 B&P; 148 and 241 (b) PC). PD -9. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. The Temecula Police Department provides free 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 Unit at (951) 506-5132 to set up a training date. Training must be completed prior to the grand opening of this business and periodic updated training conducted when new employees/ management are hired. PD -10. Any public telephones located on the exterior of the building shall be placed in a well - lighted, highly visible area, and installed with a "call -out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the building. PD -11. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. DEPARTMENT OF ENVIRONMENTAL HEALTH RIVERSIDE COUNTY COMMUNITY HEALTH AGENCY April 23, 2012 City of Temecula Planning Department Attn: Matthew Peters, Project Planner P.O. Box 9033 Temecula, CA 92589 SUBJECT: PA#12-0059 — WIENS BREWING CO. MINOR CUP (ASSESSORS PARCEL NUMBER#921-040-003) Dear Mr. Peters: APR �V �i ej:.Olp In accordance with the agreement between the County of Riverside, Department of Environmental Health (DEH) and the City of Temecula, DEH offers the following comments for the project referenced in the subject heading of this letter: BREWERY AND BEER TASTING ROOM Per State of California, Assembly Bill No. 1014, Chapter 159, premises set aside for beer tasting by a beer manufacturer, as defined to include any holder of a beer manufacturer's license, any holder of an out-of-state beer manufacturer's certificate, or any holder of a beer and wine importer's general license may be exempted from certain regulatory provisions under the California Retail Food Facilities Code. However, this facility shall be required to contact DEH District Environmental Services for assessment of compliance with current requirements. • 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. POTABLE WATER AND SANITARY SEWER SERVICE This project is proposing Rancho California Water District (RCWD) potable water service and Eastern Municipal Water District (EMWD) sanitary sewer service. A "will -serve" letter from RCWD will be required for the proposal of potable water service. However, per Memorandum of Understanding between the County of Riverside and EMWD, no "will -serve" letters are required for projects located within EMWD's service area. Therefore, no "will -serve" letter will be required from EMWD for the proposal of sanitary sewer service. Please note that it is the responsibility of the developer to ensure that all requirements to obtain potable water and sanitary sewer service are met with the water and sewer purveyor, as well as, all other applicable agencies. Matthew Peters, Project Planner City of Temecula, Planning Department April 23, 2012 HAZARDOUS MATERIALS MANAGEMENT BRANCH (HAMM: The facility will require a Business Emergency Plan (BEP) 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, HMMB reserves the right to regulate the business in accordance with applicable County Ordinances. Please contact HMMB at (951) 461-0284 to obtain information regarding any additional requirements. Should you have any questions regarding this letter, please contact me by phone at (951) 955-8980. Sin is ael Mistica, MBA, REHS Environmental Protection and Oversight Division Land Use and Water Resources Program Environmental Resources Management Division • Land Use/Water Engineering Program 4080 Lemon St., 2"4 Floor, Riverside, CA 92501 • (951) 955-8982 • FAX (951) 781-9653 38686 El Cerrito Rd., Palm Desert, CA 92211 • (760) 393-3390 • FAX (760) 863-7013 Wiens Cellars LLC 35055 Via Del Ponte Temecula CA 92592 DBA — Wiens Brewing Co. 27941 Diaz Road, Suite A Temecula CA 92590 5/16/2012 Minor CUP Application Statement of Operations Wiens Cellars, LLC has leased light industrial building space located at 27941 Diaz Road, Suite A, with the intention of operating a small beer manufacturing plant at this location. Wiens Cellars LLC will be doing business as Wiens Brewing Co. License #518802 a Type 23 License (Small Beer Manufacturer) has been approved by the California Department of Alcoholic Beverage Control. We are applying for a Minor Conditional Use Permit to offer beer tastings and allow the general public to purchase Wiens Brewing Company beer directly from the facility. • Wiens Brewing Company agrees to abide by all applicable requirements of the California Department of Alcoholic Beverage Control. • The proposed retail/tasting hours of operation are 10:00 am to 8:00 pm Monday through Sunday. • The proposed retail/tasting space encompasses 947 square feet (13.5% of the total square footage). • Restrooms are ADA accessible and sized to accommodate the facility including the retail space. • The site is ADA accessible including marked handicap parking stalls. • Existing onsite parking is adequate for the number of employees and anticipated guests. • We anticipate employing 5 to 10 people for the brewery and retail/tasting operation. • We will be brewing, packaging and storing beer at the facility. Case No: Applicant: Proposal: Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: PA12-0059 David Wiens, on behalf of Wiens Brewing Company A Minor Conditional Use Permit for Wiens Brewing Company to operate a beer manufacturing facility with a 947 square foot retail and tasting area at 27941 Diaz Road, Suite A. (APN 921-040-003) In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA Section 15301, Class 1 Existing Facility Matt Peters, (951) 694-6408 City of Temecula, Council Chambers June 6, 2012 6:00 p.m. 500 ■ 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, 41000 Main Street, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner.