HomeMy WebLinkAbout12-013 PC Resolution PC RESOLUTION NO. 12-13
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PAl2-0059, 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. PAl2-
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. PAl2-0059
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
g/ass. The business is located in the Light Industrial zone that permifs
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. PAl2-0059, 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 6 day of June, 2012.
Ron Guerriero, Chairman
ATTEST:
Patrick Ric��ardson, Secretary
[SEAL) '��� V
. ��.
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. 12-13was duly and regularly
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the 6 day of June, 2012, by the following vote:
AYES: 5 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Kight,
Telesio
NOES: 0 PLANNING COMMISSIONERS None
ABSENT: 0 PLANNING COMMISSIONERS None
ABSTAIN: 0 PLANNING COMMISSIONERS None
Patrick Richardson, Secretary
EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PAl2-0059
Project Description: 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)
Assessor's Parcel No.: 921-040-003
MSHCP Category: Exempt ,(No New Square Footage)
DIF Category: Exempt (No New Square Footage)
TUMF Category: 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 pollars
($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 instrumentalitythereof, 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 yearat 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 Ciry'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 complywith 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 Provide electrical plan inciuding load calculations and panel schedule, plumbing
schematic and mechanical plan applicable to scope ofwork 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 complywith 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, only a valid government issued identification card issued by a Federal,
State, County or City agency is acceptable, providing it complies with Section 25660 of
the Business and Profession Code (B&P), which includes the following requirements:
(a) name of person; (b) date of birth; (c) physical description; (d) photograph; (e)
_ currently valid (not expired). 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 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. 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.
RIVERSIdE GOUNTY COMMUNITY HEALTH AGENCY
�EPARTNiENT OF' IENVlRONMENTAL HEALTH
April 23, 2012
�
City of Temecula •
Planning Department �,� � � �
Attn: Matthew Peters, Project Planner �}; Z�1,�
P.O. Box 9033
Temecuia, CA 92589 ����`�`'"`~.-�. `
�.,.
SUBJECT: PA#12-0059 — WIENS BREWING CO. MINOR CUP
(ASSESSORS PARCEL NUMBER#921-040-003)
Deaz Mr. Peters:
In accordance with the agreement between the County of Riverside, Department of Environmental
Health (DEI� 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 Envimnmental 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 Attentian: Plan Check
(951) 461-0284. Plan Check fees are requireci.
POTABLE WATER AND SAI�]ITARY SF.WER 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 aze 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
Apri123, 2012
HAZARDOUS MATERIALS MANAGEMENT BR.ANCH (H1VIlvIB)•
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.
S'in , � 1 ;
,
rcliael Mistica, MBA, REHS
Environmental Protection and Oversight Division
Land Use and Water Resources Program
Environmental (�esaurces Martayemerrt Division • L�nd UseM�ater Engineerirxg Prograrn
4G80 Lernt�n St., 2'" rloo�, Rivers+de, CA 92501 •(951J 955-8982 • FAX (95't? 789-9653
38686 �r' Cerrito Rd., Palrn Desert, CA J2211 •(7fi0) 393-339Q • FAX (76D} 863-7�13