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HomeMy WebLinkAbout030613 PC AgendaIn 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 MARCH 6, 2013 — 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: 13-03 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 Action Minutes of February 20, 2013 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. PA13-0020, a Finding of Public Convenience or Necessity for Trader Joe's to operate a wine tasting operation under a Type 42 ABC License, located at 40665 Winchester Road, Matt Peters RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA13-0020, A FINDING OF PUBLIC CONVENIENCE OR NECESSITY FOR TRADER JOE'S TO OPERATE A WINE TASTING OPERATION UNDER A TYPE 42 ABC LICENSE LOCATED AT 40665 WINCHESTER ROAD (APN 910-110-066) REPORTS FROM COMMISSIONERS DIRECTOR OF COMMUNITY DEVELOPMENT REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, March 20, 2013, 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 public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 PM the Friday before the Planning Commission meeting. At that time, the agenda packet may also be accessed on the City's website — www.cityoftemecula.orq — and will be available for public viewing at the respective meeting. Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the Commission regarding any item on the agenda, after the posting of the agenda, will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula, 8:00 AM — 5:00 PM). In addition, such material may be accessed on the City's website — www.cityoftemecula.orq — and will be available for public viewing at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the Planning Department at the Temecula Civic Center, (951) 694-6400. 2 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET FEBRUARY 20, 2013 — 6:00 PM PRELUDE MUSIC: CALL TO ORDER: Flag Salute: Roll Call: Earlene Bundy Commissioner Kight Carey, Guerriero, Harter, Kight, and Telesio CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Next in Order: Resolution: 13-02 Approve the Action Minutes of February 6, 2013 APPROVED 5-0; MOTION BY COMMISSIONER KIGHT, SECOND BY COMMISSIONER HARTER; VOTE REFLECTED UNANIMOUS APPROVAL 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 Long Range Planning Project No. LR12-0013, a Citywide Ordinance amending Title 17 of the Temecula Municipal Code to define certain housing -related terms, designate zoning districts for transitional, supportive, and single -room occupancy housing, and establish development standards for single -room occupancy housing consistent with State law, Dana Weaver APPROVED 5-0; MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER CAREY; VOTE REFLECTED UNANIMOUS APPROVAL 1 RECOMMENDATION: 2.1 Adopt a resolution entitled: PC RESOLUTION NO. 13-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED, "AN ORDINANCE OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO DEFINE CERTAIN HOUSING -RELATED TERMS, DESIGNATE ZONING DISTRICTS FOR RESIDENTIAL CARE FACILITIES, TRANSITIONAL, SUPPORTIVE, AND SINGLE -ROOM OCCUPANCY HOUSING, AND ESTABLISH DEVELOPMENT STANDARDS FOR SINGLE -ROOM OCCUPANCY HOUSING" (LONG RANGE PLANNING PROJECT NO. LR12- 0013 REPORTS FROM COMMISSIONERS DIRECTOR OF COMMUNITY DEVELOPMENT REPORT ADJOURNMENT Next regular meeting: Wednesday, March 6, 2013, 6:00 PM City Council Chambers, 41000 Main Street, Temecula, California. John Telesio Chairman 2 Patrick Richardson Director of Community Development STAFF REPORT— PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: March 6, 2013 PREPARED BY: Matt Peters, Case Planner PROJECT Planning Application No. PA13-0020, a Finding of Public SUMMARY: Convenience or Necessity for Trader Joe's to operate a wine tasting operation under a Type 42 ABC License at 40665 Winchester Road RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15301, Class 1 Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Trader Joe's General Plan Designation: CC — Community Commercial Zoning Designation: CC — Community Commercial BACKGROUND SUMMARY AND ANALYSIS On February 1, 2013, Peter Impala submitted an application for a Finding of Public Convenience or Necessity for Trader Joe's to operate a wine tasting operation within a recently expanded Trader Joe's specialty market. Currently, Trader Joe's operates under a Type 20 ABC License, Off Sale Beer and Wine. Trader Joe's recently acquired an adjacent tenant space and are expanding the 10,365 square foot store by 1,500 square feet, for a new total of 11,865 square feet. As part of this expansion, Trader Joe's will be introducing on-site wine tasting as an ancillary use to its retail market operations under a Type 42 ABC License. The tasting area will be sectioned off and restricted, with access to the area limited to patrons 21 years or older. Tastings per patron will be limited to two (2) one ounce tastings per day, which is more restrictive than the three (3) tastings per day allowed by ABC. While the sale and tasting is an ancillary or permitted use, the Census Tract is "over - concentrated" with Type 42 Licenses and requires the City of Temecula to make a Finding of Public Convenience or Necessity. Per ABC, there are six on -sale licenses allowed and seven existing within the census tract. Staff recommends the Planning Commission make the following Findings of Public Convenience or Necessity. There is no Conditional Use Permit associated with this Planning Application. 1 Finding of Public Convenience or Necessity (Section 17.10.020) Whether or not the proposed use is consistent with the General Plan and Development Code. Section 17.08 of the City's Development Code allows alcoholic beverage sales as a permitted use for grocery stores in the CC -Community Commercial zone. The on-site Castings will help promote the sale of Trader Joe's wine selections by allowing patrons to sample a particular wine prior to making a purchase. This operation is consistent with a similar process used at Bev Mo in the Rancho Temecula Town Center, which is also zoned CC -Community Commercial The wine tasting operation is regulated by ABC and does not require a Conditional Use Permit. The wine tasting operation is consistent with the General Plan and Development Code. Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses. The wine tasting operation is an ancillary use to Trader Joe's specialty market/grocery store. The Trader Joe's at 40665 Winchester Road has been operating a popular and successful specialty market in this location since 1999. The store recently acquired an adjacent tenant space and are expanding by 1,500 square feet for a total of 11,865 square feet. The grocery store and wine tasting operation are compatible with the nature, condition and character of development in the Winchester Marketplace, which has complementary commercial uses such as small restaurants, a Kinko's Copy Center, Chevron Gas Station and a Pep Boys Auto Parts store. The grocery store and ancillary wine tasting operation are not duplicative and help differentiate the Trader Joe's specialty market from nearby Winco Foods, a larger grocery store that doesn't offer a wine tasting operation. Whether or not the proposed use would have an adverse effect on adjacent land uses. The proposed wine tasting operation is a permitted and ancillary use to the Trader Joe's specialty market/grocery store and will not have an adverse effect on adjacent uses as the use is complimentary to the other types of commercial development in the Winchester Marketplace Shopping Center. In addition, the site will remain unaltered, and 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. The addition of the wine tasting operation does not impact any of the site requirements. The Project has been reviewed by the Temecula Police Department and there are no objections to the wine tasting operation. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity. The Trader Joe's Specialty market is located in a Census Tract, which ABC considers "over - concentrated" with on -sale licenses. Per ABC, six on -sale licenses are allowed in this tract, and seven currently exist. Therefore, the City of Temecula is required to make a Finding of Public Convenience or Necessity for Trader Joe's to be the eighth establishment with an on -sale ABC License. The Trader Joe's specialty market/grocery store compliments the other commercial uses on the Winchester Marketplace Shopping Center and differentiates Trader Joe's from nearby Winco Foods, a larger grocery store that doesn't offer a wine tasting operation. The 2 Findings of Public Convenience or Necessity will not result in an excessive number of similar establishments in close proximity. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on February 21, 2013 and mailed to the property owners within the required 600 -foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review. Section 15301, Class 1, Existing Facilities. ATTACHMENTS Aerial Map Plan Reductions PC Resolution Statement of Operations Letter of Justification Notice of Public Hearing 3 City of Temecula Project Site 0 200 400 800 Feet This map was made by the City of Temecula Geographic Information System. The map is derived from base data produced by the Riverside County Assessor's Department and the Transportation and Land Management Agency of Riverside County. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. Data and information represented on this map are subject to update and modification. The Geographic Information System and other sources should be queried for the most current information. This map is not for reprint or resale. ' W\NCS-1ESTER ROAD ARCHITECTURAL SITE PLAN - (FOR REFERNCE ONLY) FEB 01 2013 KIP KLAYT0N SI Wel OOew Mw. 009.. C.Nm* SLYER P.M/MEM F. OW tp10W IgAl EOM con mum 0141 4g04 N000580EP1PO4 V W R00.IOM O1O) asmasmusisocusca E104TAWC=MX E4114 MOROR MI NONCOE00. PNP 423=0:1 MOMSQ.MID H/OM MSC RR CISMOOM CUMCA01 AMR p(0 t TRADER J0E6 STORE ODE 40603 V1NORc9TCR ILL T411CIA1. G 90391 IRMO JOE'S COMPNA'. NC Q407WOH 1104AV*00{ AVE. 00010Vµ CJAIPOIMA AM short 1070. ARCHTTECTURAI. SITE PLAN NOTES: bow m a.1Pert ROE 00 Wxm .ro mlo"KEI000ICM(OWAeoni 0(f. 00Q1 osaYa40000010u* paN1ROWS ETTN3 LEGEND: 1RIlioot a10JKMARE W00( 1E019,7 WNOVOTTC0109400 ME051 00NOUWr fesizs nom. xema aawh byp KKA d3*dl b1p KC 40.0 09.011E i11EE100. AI.04 FEB 0 1. 2013 FIXTURE PLAN KEY NOTES Kp p AM 06 014 D NU MANG • NM 0 .waernaw.wuma 0011 Mk $110111112104122 001221. 10610 /OOITlOMM. 110A15 0111 14.91001EWOIEOL949C O51 CONN COO . 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TO vo000 RIYN006112.40224.43 1144 68T499bT400 MAW, 2,01 TO 1.210121101202211112 MONS 180 AROATANINT 6r MOAT 011112 21ECIII01L0p611/M MANN 250 6692100061005600• 100610 091122121M10ONLTAVT MAWS Eta pT 060110E 110600610440 91201 606 404121W2101412191 RL T0140011-2. CA 92091 dolt IRMO JOE'S COMPANY. NC 000901 m SIN241001 AY M066010A 2//2/00660 91016 50661 00010 FIXTURE PUN 16506 NON OMR 211 0114,01412114 14 211424l1* m<0122421204 2106MAN r22.444A19wnTu NOTES: ,6lsslorN 1 00000100901600218904E 0/...& 012 0626090210 1401 2012122242120111 nwMpp0011� 1101041 0002120141021102221/1 [211[6002Wt0.T04R02Ca4PWV1 60 MNUIT11 Wnr4rfW41 /T cmmnKlr. 2 19111 x!eon5210 20011 NOUN W609 TCM tO Aadu 220.011)CT u51M10E 6014 220.1100122 4 601444T 1006030 10004 911 8000061216 111110212102222111210 drawn(00) of 216 011101 00*1 KC 00&06144.64 1,9.07,E shc€t no. A2.03 PC RESOLUTION NO. 13- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA13-0020, A FINDING OF PUBLIC CONVENIENCE OR NECESSITY FOR TRADER JOE'S TO OPERATE A WINE TASTING OPERATION UNDER A TYPE 42 ABC LICENSE LOCATED AT 40665 WINCHESTER ROAD (APN 910-110-066) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On February 1, 2013, Peter Impala filed Planning Application No. PA13- 0020, A Finding of Public Convenience or Necessity Application, in a manner in accord with the City of Temecula General Plan and Development Code. B. The 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 March 6, 2013, 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. PA13-0020 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: Finding of Public Convenience or Necessity, Development Code Section 17.10.020: A. Whether or not the proposed use is consistent with the General Plan and Development Code; Section 17.08 of the City's Development Code allows alcoholic beverage sales as a permitted use for grocery stores in the CC -Community Commercial zone. The on-site tastings will help promote the sale of Trader Joe's wine selections by allowing patrons to sample a particular wine prior to making a purchase. This operation is consistent with a similar process used at Bev Mo in the Rancho Temecula Town Center, which is also zoned CC -Community Commercial. The wine tasting operation is regulated by ABC and does not require a Conditional Use Permit. The wine tasting operation is consistent with the General Plan and Development Code. B. Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses; The wine tasting operation is an ancillary use to Trader Joe's specialty market/grocery store. The Trader Joe's at 40665 Winchester Road has been operating a popular and successful specialty market in this location since 1999. The store recently acquired an adjacent tenant space and are expanding by 1,500 square feet for a total of 11,865 square feet. The grocery store and wine tasting operation are compatible with the nature, condition and character of development in the Winchester Marketplace, which has complimentary commercial uses such as small restaurants, a Kinko's Copy Center, Chevron Gas Station and a Pep Boys Auto Parts store. The grocery store and ancillary wine tasting operation are not duplicative and help differentiate the Trader Joe's specialty market from nearby Winco Foods, a larger grocery store that doesn't offer a wine tasting operation. C. Whether or not the proposed use would have an adverse effect on adjacent land uses; The proposed wine tasting operation is a permitted and ancillary use to the Trader Joe's specialty market/grocery store and will not have an adverse effect on adjacent uses as the use is complimentary to the other types of commercial development in the Winchester Marketplace Shopping Center. In addition, the site will remain unaltered, and 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. The addition of the wine tasting operation does not impact any of the site requirements. The Project has been reviewed by the Temecula Police Department and there are no objections to the wine tasting operation. D. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity; The Trader Joe's Specialty market is located in a Census Tract, which ABC considers "over -concentrated" with on -sale licenses. Per ABC, six on -sale licenses are allowed in this tract, and seven currently exist. Therefore, the City of Temecula is required to make a Finding of Public Convenience or Necessity for Trader Joe's to be the eighth establishment with an on -sale ABC License. The Trader Joe's specialty market/grocery store compliments the other commercial uses on the Winchester Marketplace Shopping Center and differentiates Trader Joe's from nearby Winco Foods, a larger grocery store that doesn't offer a wine tasting operation. The Findings of Public Convenience or Necessity will not result in an excessive number of similar establishments in close proximity. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Finding of Public Convenience or Necessity 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). Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA13-0020, subject to the Findings for Public Convenience or Necessity with no conditions of approval. No other application is required. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula by the City of Temecula Planning Commission this 6th day of March, 2013. John Telesio, 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. 13- 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 March, 2013, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary STATEMENT OF OPERATIONS PROJECT: Trader Joes Company 40665 Winchester Rd. Temecula CA 92591 Fig � 1 1,%13 REQUEST: Letter of Public Convenience or Necessity to permit on-site wine tasting within a recently expanded Trader Joes specialty market. Trader Joes Company has been operating a popular and successful specialty retail market in this location since 1999. They've recently acquired an adjacent tenant space and are expanding their 10,365 sq.ft. store 1,500 sq.ft., for a new total of 11,865 sq.ft. As part of this expansion, Trader Joes will be introducing on-site wine -tasting as an ancillary use to their retail market operations. The on-site tastings will help promote the sale of Trader Joes extensive wine selections by allowing patrons to sample a particular wine prior to making their purchase. As many of Trader Joes offerings are unique to their stores, patrons' unfamiliarity with these products makes the opportunity to sample an important step in the process. Trader Joes will be utilizing a Dept. of ABC Type #42 License for its wine tasting operation. The tasting area will sectioned off and restricted, with access to the area limited to atrons 21 years p or older. Tastings per patron will be limited to two (2) one ounce tastings per day,exceeding standards set by the Dept of ABC of three (3) tastings per day. Trader Joes offers a large selection of daily staples as well as unique and specialty items. They offer a complete selection of goods including fresh meats and fish, produce, dry goods, and other unique items from home and abroad. All Trader Joes also offer a complete line of alcoholic beverages, including beer, wine and distilled spirits. Trader Joes is aware of the necessity of operating a professional and responsible business. Their lengthy experience in operating hundreds of locations with little to no issues regarding the sale of alcoholic beverages will ensure there are no undesirable effects to the welfare of the surrounding area or to the general public. Any such issues or concerns with the operation of the market will be addressed and rectified immediately upon the discovery. The granting of this Letter of Public Convenience or Necessity will have a positive effect upon the economic welfare of the city and community by allowing continued employment to numerous residents and the generation of additional business dollars and tax revenue for the City of Temecula. LETTER OF JUSTIFICATION PROJECT: Trader Joes Company 40665 Winchester Rd. Temecula CA 92591 REQUEST: Letter of Public Convenience or Necessity to permit on-site wine tasting within a recently expanded Trader Joes specialty market. 1. Does the proposed establishment have any unique features, which are not found in other similar uses in the community? Unlike other wine tasting establishments in the city, Trader Joes offers a large array of daily staples; meats, dairy, produce, sundries, etc in addition to alcoholic beverages. This large selection of goods allows patrons to buy all their daily needs at one stop, including a bottle or case of wine. Patrons will not be making special trips for Trader Joes wine tasting, but it will simply an ancillary use or added benefit to their Trader Joes shopping experience. 2. Does the proposed establishment cater to an under -served population? Trader .foesp atrons include almost every aspect of the neighboring community, some of which may not be adequately served elsewhere in the area. Some patrons are attracted to Trader Joes by their large selection of high quality, unique and hard to find goods. Otherp atrons are better served by Trader Joes competitive pricing, allowing lower incomep atrons access to a selection of items. Allowing this same wide range of patrons an opportunity to sample unique wine offerings will be a convenience to those patrons which may be otherwise unavailable in the area. 3. Would the proposed mode of operation of the proposed establishment be unique or differ from that of other establishments in the area? Other wine tasting operations are normally held within specialty wine shops or beverage stores. Patrons visiting those establishments have made a special trip in order to purchase their alcoholic beverages. Some patrons do not have the time to do so, or are not inclined to make a special trip for their alcohol purchases. When Trader Joes offers p wine tasting, the patrons participating are already present in the store. While shopping for their dailynecessities, patrons are able to sample one of the unique wine choices that Trader Joes offers. It is a very convenient process for those patrons that will already be present in the store. 1 4. Are there any geographical boundaries or traffic barriers separating the proposed establishment from other establishments? The operating Trader Joes market is located in a well developed commercial area of the city. The store is separated from other nearby uses by parking areas and city streets including Winchester Road. The store is also separated from the only residential properties in the area by a Class 1 public trail/bicycle path. 5. Is the proposed establishment located in an area where there is a significant influx of population during certain seasonal periods. While Trader Joes may experience small changes in their patron traffic during certain times of the year (holidays, sporting events, etc.), there are no large influxes based on seasonal changes. 6. Is there a proliferation of licensed establishments within the Census Tract of the proposed establishment? Per the Dept. of ABC guidelines for the issuance of licenses, this census tract is permitted to have six on -sale licenses. We are applying as the seventh license in the census tract, thus abiding by the Dept. of ABC's over -concentration requirements including this application for a Letter of Public Convenience or Necessity. However our application will allow a very limited wine tasting operation, which will be ancillary to the overall use of an existing retail market. In addition, this census tract is home to a high concentration of commercial establishments. A commercial hub such as this is designed for a high density of varied commercial uses, including the sale of alcoholic beverages, in order to avoid issues that would arise due to proximity to residential or similar uses. Although this request will introduce one new license to the census tract, it is not a substantial or stand alone use which may detrimentally affect the surrounding area. 7. Are there any sensitive uses in close proximity to the proposed establishment? There are no sensitive uses within 600 feet of the proposed use. 8. Would the proposed establishment interfere with these sensitive uses? No, the distance between the proposed use and any sensitive uses is a sufficient buffer so as to avoid interfering with those uses. 9. Would the proposed establishment interfere with the quiet enjoyment of their property by the residents of the area? There are only two residentially zoned properties within 500 feet of the proposed use. Trader Joes and the residentially properties are separated by a City of Temecula Class 1 2 public trail/bicycle path which is a sufficient buffer so as to avoid the interfering with those properties. 10. Will the proposed establishment add to law enforcement problems in the area? Trader Joes is an open and operating market that has not caused any particular issues for local law enforcement. The proposed wine tasting operation will be held entirely within the store, in a restricted area, operated by Trader Joes employees and is a small ancillary use to the market's existing operations. Patrons' "samplings" will be limited to two (2) one ounce tastings per patron per day, which is less than allowed by the Dept. of ABC tasting guidelines. The proposed operation will be supervised and restricted enough to avoid causing any problems to law enforcement. 3 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: PA13-0020 Peter Impala A Finding of Public Convenience or Necessity for Trader Joe's to operate a wine tasting operation under a Type 42 ABC License at 40665 Winchester Road. 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 Facilities) Matt Peters, (951) 694-6408 City of Temecula, Council Chambers March 6, 2013 6:00 p.m. N/ 0 100 200 400 Feet /' Project Site 0‘#„,„„„ The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the City's website — www.cityoftemecula.orq. Any Supplemental Material distributed to a majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m. In addition, such material will be made available on the City's website — www.cityoftemecula.orq — and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please call the Planning Department, (951) 694-6400.