HomeMy WebLinkAbout13-019 PC Resolution . PC RESOLUTION NO. 13-19
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO PA13-0050, A MINOR CONDITIONAL
USE PERMIT FOR CANVAS AND CABERNET, AN
ARTISTIC PAINTING AND ACRYLIC CANVAS
CREATIONS ESTABLISHMENT, TO OPERATE UNDER A
TYPE 42 (ON-SALE BEER AND WINE) ABC LICENSE �
FOR THE SALE OF BEER AND WINE TO ART CLASS
CUSTOMERS AT 39628 WINCHESTER ROAD, SUITE F
(RANCHO TEMECULA TOWN CENTER) (APN 920-100-
038)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A: On March 5, 2013 Nicole Mosier filed Planning Application No. PA13-
0050, 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 May 1, 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. PA13-0050 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, Development Code Section 17.04.010
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;
As proposed, Canvas and Cabernet will operate as an artistic painting and acrylic
canvas creations establishmenf with the primary purpose of offering artistic
painting and acrylic canvas creation c/ass sessions to their customers: The
service of beer and wine would serve as an incidental use to the establishment
operations. The proposed use is consistent with the City of Temecula General
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Plan which specifies that the Community Commercial (CC) designation includes
retail, professional office, and service oriented business activities serving the
entire community. The Canvas and Cabernet is proposed within an existing
shopping center. The sa/e of alcohol is an incidental use to the establishment.
Development Code Section 17.10.020.8.2 allows for the incidental sale of
alcoholic beverages in conjunction with an otherwise allowable use as a
conditionally permitted use.
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;
Canvas and Cabernet is proposed in an existing building suite in a shopping
center within the Community Commercial zone. The proposed conditional use is
compatible with the nature, condition and development of adjacent uses,
buildings and structures, and the proposed conditional use will not adversely
affect the adjacent uses, buildings or structures.
C. The site for a proposed conditional use is adequate in size and shape to
accommodate the yards, walls, fences, parking and loading facilifies, 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 application will allow for a Type 42 ABC license at an existing building suite
location. The site will remain 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 as required by
the Planning Commission or City Council in order to integrate the use with other
uses in the neighborhood.
D. The nature of the proposed conditional use is not detrimental to the health,
safety and general welfare of the community;
The project meets all requirements of the Development Code and General Plan
which provided safeguards for the health, safety and general welfare of the
community. Therefore, the project is not anticipated to be detrimental to the
health, safety and general welfare of the community.
E. That the decision to 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 application for a Conditional Use.Permit
has been based on substantial evidence in view of the record as a whole before
the Planning Commission. •
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Findings of Public Convenience or Necessity (Development Code Section
17.10.020.B.5)
F. Is the proposed use consistent with the General Plan and the
Development Code?
� As proposed, Canvas and Cabernet will operate as an artistic painting and acrylic
canvas creations establishment with the primary purpose of offering artistic
painting and acrylic canvas creation c/ass sessions to their customers. The
' proposed use is consistent with the City of Temecula General Plan which
specifies that the Community Commercial (CC) designation includes retail,
professional office, and service oriented business activities serving the entire
community. Canvas and Cabernet is proposed within an existing shopping
center. The sale of a/coho/ is an incidental use to the establishment.
Development Code Section 17:10.020.8.2 allows for the incidental sale of
alcoholic beverages in conjunction with an otherwise allowable use as a
conditionally permitted use.
G. Is the proposed use compatible with the nature, condition and character of
the adjacent land uses:
Canvas and Cabernet is proposed in an existing building suite in a shopping
center within the Community Commercial Zone. This center includes Beverages
and More Super Retail Store, Kick N Wings Restaurant, Pho 777 Express
Restaurant, Rodrigo's Mexican Grill, Navy Federal Credit Union Bank, LA Fitness
Gymnasium, and other retail and restaurant uses. The incidental sa/e of beer and
wine at the establishment is compatible with the nature, condition and character
of adjacent land uses.
H. Will the proposed use have an adverse affect on adjacent land uses?
It is not anticipated that the proposed use will have an adverse affect on adjacent
land uses, as all of the adjacent land uses are primarily commercial retail type
uses, and the proposed project is anticipated to add to the convenience and
diversity of uses located within the center.
I. Would the proposed use result in an excessive number of similar
establishments in close proximity?
With regard to the over concentration of existing licenses in the census tract,
three licenses are allowed before Census Tract 0432.17 is considered to be
over-concentrated by ABC's standards. Eight licenses currently exist for three
restaurants, two grocery stores, two licenses for Beverages and More Super �
Retail Store, and one at Rite Aid. These businesses are all assembled in the
existing commercial center located off Winchester Road and Nicolas Road. A
ninth license (for Canvas and Cabernet) in the census tract for on-sale beer and
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wine at the establishment would not result in an excessive number of similar
establishments in close proximity.
Section 3. Environmental Findings. The Planning Commission hereby makes
the following environmental findings and determinations in connection with the approval
of the Conditional Use Permit 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 request for a Minor Conditional Use Permit and Finding of Public
Convenience or, Necessity for a Type 42 (On-sa/e Beer and Wine) at the
proposed Canvas and Cabernet will be conducted in an existing building suite in
a developed retail sliopping center. All access and public utilities are available to
the site. The proposed use, with issuance of a Conditional Use Permit, is in
conformance with all zoning requirements of the Development Code.
Section 4. Conditions. The Planning Commission of the City of Temecula
approves Planning Application No. PA13-0050, a Minor Conditional Use Permit for
Canvas and Cabernet, an artistic painting and acrylic canvas creations establishment,
to operate under a Type 42 (on-sale beer and wine) ABC license for the sale of beer
and wine to art class customers at 39628 Winchester Road, Suite F(Rancho Temecula
Town Center), subject to the Conditions of Approval set forth on Exhibi# 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 1 day of May, 2013.
,
John Telesio, Chairman
ATTEST:
Patrick Richardson, Secretary
[SEAL] �
STATE OF )
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. 13-19 was duly and regularly"
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the 1 St day of May, 2013, by the following vote:
AYES: 3 PLANNING COMMISSIONERS: Carey, Kight Telesio
NOES: 1 PLANNING COMMISSIONERS: Guerriero
ABSENT: 1 PLANNING COMMISSIONERS: Harter
ABSTAIN: 0 PLANNING COMMISSIONERS: None .
Patrick Richardson, Secretary
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EXHIBIT A
CONDITIONS OF APPROVAL
EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA13-0050
Project Description: A Minor Conditional Use Permit for Canvas and Cabernet, an
artistic painting and acrylic canvas creations establishment, to
operate under a Type 42 (on-sale beer and wine) ABC license for
the sale of beer and wine to art class customers at 39628
Winchester Road, Suite F(Rancho Temecula Town Center)
Assessor's Parcel No.: 920-100-038
MSHCP Category: NA (No New Square Footage/Grading)
DIF Category: NA (No New Square Footage)
TUMF Category: NA (No New Square Footage)
Quimby Category: Exempt (Non-Residential) _
Approval Date: May 1, 2013
Expiration Date: May 1, 2015
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 pa.yable to the County Clerk in the amount of Fifty Dollars
($50.00) 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 onsite. Do not hose down parking areas,
sidewalks, alleys, or gutters. Ensure that all materials and products stored outside
are protected from rain. Ensure all trash bins are covered at all times.
PL-8. The applicant shall comply with their Statement of Operations submitted March 5,
2013, on file with the Planning Department, unless superseded by these Conditions
of Approval. Hours of Operation shall be 10 a.m. to 10 p.m. daily.
PL-9. 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-10. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the
City's Development Code.
PL-11. The sale of beer and wine for on-site consumption shall be limited only to customers
participating in artistic painting and acrylic canvas class sessions or customers who
have purchased a canvas to painf at the business.
PL-12. No live entertainment is permitted as part of this Conditional Use Permit application.
Any proposed live entertainment would require amendment to the approved
Conditional Use Permit or approval of a Temporary Use Permit in conformance with
the Development Code.
PL-13. 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-14. 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
BUILDING AND SAFETY DEPARTMENT
General Conditions
B-1. Final Building and Safety conditions will be addressed when building plans are
, reviewed and submitted to Building and Safety. These conditions will be based on
occupancy, use, the California Building Code (CBC), and related codes which are in
force at the time of building plan submittal.
B-2. 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-3. Indicate on plans locafion of disabled parking.
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. Obtain all building plans and permit approvals prior to commencement of any
construction work.
At Plan Review Submittal
B-7. Provide electrical plan including load calculations and panel schedule, plumbing
schematic and mechanical plan applicable to scope of work for plan review.
B-8. Where food or drink is served at counters exceeding 34" in height for consumption
by customers seated or standing at the counter, a portion of the counter which is
60" in length must be provided for persons with disabilities. Section 11046.4,
1122B.3, and 1122B.5.4 of the 2010 CBC.
Prior to Issuance of Building Permit(s)
B-9. Provide appropriate stamp of a registered professional with original signature on
plans.
FIRE PREVENTION
General Requirements :
F-1. Final fire and life safety conditions will be addressed when building plans are
reviewed by the Fire Prevention Bureau. These conditions will be based on
occupancy, use, the California Building Code (CBC), California Fire Code (CFC),
and related codes which are in force at the time of building plan submittal.
F-2. Fire sprinkler plans May be required and 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. Fire alarm plans may be required 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. 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).
POLICE DEPARTMENT
General Requirements
PD-1. Applicant has applied for a Type 42 License (On-Sale Beer & Wine — Bar, Tavern).
A Type 42 license authorizes the sale of beer and wine for consumption on or off the
premises where sold. No distilled spirits may be on the premises. Minors may not
enter and remain except as provided in B&P Section 25663.5. 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, possessed 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. Events where entertainment is to be provided 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
of the breasts, buttocks, anus or genitals; (c) the displaying of the pubic hair, anus,
vulva or genitals; and, (2) Subject to the provisions of subdivision (1) hereof,
entertainers whose breasts and/or buttocks are exposed to view shall perform only
upon a� stage at least 18 inches above the immediate floor level and removed at
• least six feet from the nearest patron. No licensee shall permit any person to remain
in or upon the licensed premises who exposes to public view any portion of his or
her genitals or anus (Rule 143.3 CCR. Also violates Section 311.6 PC if conduct is
"obscene°.
PD-9. 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-10. 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) 506-5131 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-11. 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-12. Any questions regarding these conditions should be directed to the Temecula Police
Department Crime Prevention and Plans Unit at (951) 506-5131.
PUBLIC WORKS DEPARTMENT
No conditions