HomeMy WebLinkAbout12-017 PC Resolution PC RESOLUTION NO. 12-17
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PAl2-0090, A MINOR CONDITIONAL
USE PERMIT TO ALLOW A NEW MICROBREWERY
(REFUGE BREWERY) WITH A TASTING ROOM WITHIN
AN EXISTING LIGHT INDUSTRIAL STRUCTURE
LOCATED AT 43040 RANCHO WAY, SUITE 200 (APN
921-040-018)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On May 2, 2012, Glenn Wichert, on behalf of Refuge Brewery, filed
Planning Application No. PAl2-0090, a Conditional Use Permit Application, in a manner
in accord with the City of Temecula General Plan and Development Code.
B. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the
Application and environmental review on July 18, 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 Planning Commission hearing and after due
consideration of the testimony, the Planning Commission approved Planning Application
No. PAl2-0090 subject to and based upon the findings set forth hereunder.
E. All legal preconditions to the adoption of the Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in approving the
Application hereby finds, determines and declares that:
Conditional Use Permit, Development Code Section 17.04.10.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. The
business is located in the Light Industrial zone that permits manufacturing uses.
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.
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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 structure. Tenants in the structure include other light
industrial 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 proposed beer manufacturing use is a non-commercial business with a
support retail tasting room that is 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.
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 Refuge
Brewery lnc. 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 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)
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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 or changes to the site plan.
Section 4. Conditions. The Planning Commission of the City of Temecula
approves Planning Application No. PA10-0090, a Minor Conditional Use Permit to allow
a new microbrewery (Refuge Brewery) with a tasting room within an existing light
industrial structure located at 43040 Rancho Way, Suite 200, subject to the Conditions
of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this
reference.
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Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 18th day of July, 2012.
. � .
�
� on Guerriero, Chairman
ATTEST:
��
Patrick Richardson, Secretary
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STATE'OF G�LIFORNIA )
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. 12-17 was duly and regularly
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the 18th day of July, 2012, by the following vote:
AYES: 4 PLANNING COMMISSIONERS: Carey, Guerriero, Kight, Telesio
NOES: 0 PLANNING COMMISSIONERS: None
ABSENT: 1 PLANNING COMMISSIONERS: Harter
ABSTAIN: 0 PLANNING COMMISSIONERS: None
Patrick Richardson, Secretary
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EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PAl2-0090
Project Description: A Minor Conditional Use Permit to allow a new microbrewery (Refuge
Brewery) with a tasting room within an existing light industrial
structure located at 43040 Rancho Way, Suite 200
Assessor's Parcel No.: 921-040-018
MSHCP Category: N/A (No New Square Footage/Grading)
DIF Category: N/A (No New Square Footage)
TUMF Category: N/A (No New Square Footage)
Quimby Category: N/A (Non-Residential Project)
Approval Date: July 18, 2012 �
Expiration Date: July 18, 2014
PLANNING DEPARTMENT
Within 48 Hours of the Approval of This Project
PL-1. The applicanUdeveloper 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 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
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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 ail 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 Pianning Director may, upon an appiication 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. Trash enclosures shall be provided to house all trash receptacles utilized on the site.
These shall be clearly labeled on site plan.
PL-10. The applicant shali complywith their Statement of Operations submitted June 22, 2012,
on file with the Planning Department, unless superseded by these Conditions of
Approval.
PL-11. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's
Development Code.
PL-12. The City, its Planning Director, Planning Commission, and City Council retain and
reserve the right and jurisdiction to review and modify this Conditional Use Permit
(including the Conditions of Approval) based on changed circumstances. Changed
circumstances include, but are not limited to, the modification of business, a change in
scope, emphasis, size of nature of the business, and the expansion, alteration,
reconfiguration or change of use. The reservation of right to review any Conditional
Use Permit granted or approved or conditionally approved hereunder by the City, its
Planning Director, Planning Commission and City Council is in addition to, and not in-
lieu of, the right of the City, its Planning Director, Planning Commission, and City
Council to review, revoke or modify any Conditional Use Permit approved or
conditionally approved hereunder for any violations of the conditions imposed on such
Conditional Use Permit or for the maintenance of any nuisance condition or other code
violation thereon.
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PL-13. An 8.5" x 11" (or larger) sign listing local transportation service providers and
corresponding telephone numbers shall be posted at a conspicuous location within the
building. Information to assist in the compilation of this sign may be obtained through
the Temecula Valley Chamber of Commerce (951-676-5090).
PL-14. Hours of operation for tasting shall be 10 a.m. to 8 p.m. Nbnday through Sunday.
PL-15. The developer shall contact the City's franchised solid waste hauler for disposal of
construction and demolition debris for tenant improvements. Only the City's franchisee
may haul demolition and construction debris.
OUTSIDE AGENCIES
PL-16. The applicant shall comply with the recommendations set forth in the County of
Riverside Department of Environmental Health's transmittal dated May 24, 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. 2010 California Green Building Standards Provide 10% Voluntary Measures on project.
B-3. Provide details of all applicable disabled access. All ground floor units to be adaptable.
B-4. Provide disabled access from the public way to the main entrance of the building.
B-5. Provide van accessible parking located as close as possible to the main entry.
B-6. Show path of accessibility from parking to furthest point of improvement.
B-7. Show path of travel from public right way to all public areas on site ( club house, trash
enclose tot lots and picnic ar�as
B-8. Obtain all building plans and permit approvals prior to commencement of any
construction work.
B-9. Trash enclosures, patio covers, light standards, and any block walis will require
separate approvals and permits.
At Plan Review Submittal
B-10. Provide electrical plan including load calculations and panel schedule, plumbing
schematic and mechanical plan applicable to scope ofwork for plan review.
B-11. Provide specs on all brewery equipment.
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Prior to Issuance of Building Permit(s)
B-12. Provide appropriate stamp of a registered professional with original signature on plans.
FIRE PR�VENTION
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. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval.
Three sets of sprinkler plans must be submitted bythe installing contractor to the Fire
Prevention Bureau. These plans must be submitted prior to the issuance of building
permit. Fire sprinkler tenant improvement plans will be required for this project.
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F-3. Fire alarm 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. Fire
alarm tenant improvement plans will be required for this project.
F-4. The applicant shall submit for review and approval by the City Fire Department a
Hazardous Material Inventory and floor plan. A full hazardous materials inventory report
and color coded floor plan is required for any building storing or using hazardous
materials (CFC Chapter 1 and 28 through 44, and Temecula City Ordinance 15.16.020).
This is required for the CO2 that yvu will have in storage.
Prior to Issuance of Certificate of Occupancy
F-5. New and existing buildings shall have approved address numbers, building numbers or
approved building identification placed in a position that is plainly legible and visible from
the street or road fronting the property. These numbers shall contrast with their
background. Commercial 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 and
Temecula City Ordinance 15.16.020).
POLICE DEPARTMENT
General Requirements
PD-1. Applicant has applied for a Type 23 Small Beer Manufacturer —(Brew Pub or Micro-
Brewery) 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.
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PD-2. Applicant will comply with Ordinance 97-07, 0.14.010 Temecula Municipal Code series.
PD-3. Identification will be verified utilizing one of the following: (a) valid California driver's
license; (b) valid California identification card; (c) valid military identification card
(active/reserve/retired/dependent); (d) valid driver's license from any of the 50 States or
Territories of the United States; (e) valid U.S. Passport; (f) valid government issued
identification card issued by a Federal, State, and County or City agency.
PD-4. As noted above, only a valid government issued identification card issued by a Federal,
State, County or City agency is acceptable, providing it compfies with Section 25660 of
the Business and Profession Code (B&P), which includes the following requirements:
(a) name of person; (b) date of birth; (c) physical description; (d) photograph; (e)
currently valid (not expired).
PD-5. Sections 24200.5 (b) and 25657 (a) (b) B&P; Rule 143 CCR: Section 303 (a) (PC): On-
sale licensees may not: (a) employ hosts, hostesses, or entertainers who solicit others
to buy them drinks, alcoholic or non-aicoholic; (b) pay or agree to pay such an employee
a percentage of the receipts from the sales of drinks solicited; (c) permit any person
whether an employee or not, to loiterfor the purpose of soliciting an alcoholic drink.
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. 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-8. Licensees may not permit their licensed premises to become a disorderly house. A
disorderly house is a licensed outlet (on or off sale) that: (a) disturbs neighbors with
noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc;
and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution
narcotics, etc. The licensed premise includes the parking lot (Section 25601 B&P; 316
PC).
PD-9. On-sale licensees who offer entertainment must abide by the following rules: (1) no
licensee shall permit any person to perform acts of or acts which simulate; (a) sexual
intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual
acts which are prohibited by law, (b) the touching, caressing or fondling on the breast,
buttocks, anus or genitals, (c) the displaying of the pubic hair, anus, vulva or genitals;
and, (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts
and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches
above the immediate floor level and removed at least six feet from the nearest patron.
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No licensee shall permit any person to remain in or upon the licensed premises who
exposes to public view any portion of his or her genitals or anus (Rule 143.3 CCR. Also
violates sections 311.6 PC if conduct is "obscene," e.g. intercourse, sodomy
masturbation, etc.).
PD-10. Licensees may not permit their licensed premises to be a problem for the local law
enforcement agency by needing an undue number of calls for service. The licensed
premise includes the parf<ing lot (Sections 24200 (a) (B&P).
PUBLIC WORKS DEPARTMENT
PW-1 The site plan and tenant improvement plan(s) must show that the trash enclosure
associated with this project will be equipped with a solid roof cover to prevent
comingling of stormwater with any food and drink-related byproduct or waste. The
cover must be installed prior to the final building inspection. Upon completion of the roof
cover, the applicant must contact the Cit�ls NPDES engineer for verification.
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RIVERSIQE GOIJNTY COMMUN� HEALTH AGENCY
�EPARTMENT OF ENVIRONMENTAL HEALTH
May 24, 2012
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Crty of Temecula �
Planning Department '� d � Z��Z
Attn: Eric Jones, Project Planner �Y'
P.O. Box 9033
Temecula, CA 92589
SUSJECT: PA#12-0090 — REFUGE BREWERY MINOR CUP
(ASSESSORS PARCEL NUMBER#E921-040-018)
Dear Mr. Jones:
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 Califomia, 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, Muzrieta
38740 Sky Canyon Drive. Suite A, Murrieta CA 92563 Attention: Plan Check
(951) 451-0284. Plan Check fees aze required.
POTABLE WATER AND SAIVITARY SEWER SERVICE
This project shall be required to obtain Rancho California Water District (RCWD) potable water
service and Eastern Municipal Water District (EMWD) sanitary sewer service. A"will-serve" letter -
shall be required for the proposal of potable water service from RCWD. However, per Memorandum
of Understanding between the County of Riverside and EMWD, no "will-serve" letters shall be
required for this project since it is located within EMWD's service area. Please note that it is the
responsibility of the developer to ensure that a11 requirements to obtain potable water and sanitary
sewer service are met with the water and sewer purveyor, as well as, all other applicable agencies.
Eric Jones, Project Planner �
City of Temecula, Planning Department
May 24, 2012
H[��ZARllOUS MATERIALS MANAGEMENT BRANCH
The facility will require a Business Emergency Plan (BEP) for the stnrage of hazardous materials
greater than 55 gallons, 200 cubic feet or 500 pounds, or any acutely hazardous materials or extremely
hazardous substances which includes beverage CO2 compressed air tanks, If fiuther review of the site
indicates additional environmental health issues, HI��IIV1B reserves the right to regulate the business in
accordance with applicable County Ordinances. Please contact I-IlVIMB at (951) 461-0284 to obtain
information regarding any additional requirements.
Should you have any questions regazding this letter, please contact me by phone at
(951) 955-8980.
S' ly,
Michael Mistica, MBA, REHS
Environmental Protection and Oversight Division
Land Use and Water Resources Program
Envrronmental Resources Management Divrsion • Land Use/Water Engineenng Program
4080 Lemon Sf.. 2 Ffoor. Riversrde. CA 9250� •(9511 955-8982 • FAX (951) 781-9653
38686 EI Cerrifo Rd.. Palm Desert, CA 92211 •(7601 393-3390 • FAX {760) 863-�013