HomeMy WebLinkAbout13-043 PC Resolution PC RESOLUTION NO. 13-43
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA13-0203, A MINOR CONDITIONAL
USE PERMIT FOR RELENTLESS BREWING TO
OPERATE A BEER MANUFACTURING FACILITY WITH A
495 SQUARE FOOT RETAIL SALES AND TASTING
AREA LOCATED AT 42030 AVENIDA ALVARADO,
SUITES E AND F (APN 909-252-002).
Procedural Findings. The Planning Commission of the City of Temecula does
hereby find, determine and declare that:
A. On August 29, 2013 Doris Hess filed Planning Application No. PA13-0203,
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 November 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. PA13-0203 subject to and based upon the findings set forth hereunder.
E. All legal preconditions to the adoption of the Resolution have occurred.
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;
The proposed Minor Conditional Use Permit is intended to allow, for a beer
manufacturer (brewery) with incidental retail and tastings by the glass. The
business is located in the Light Industrial zone that permits manufacturing uses
with incidental retail. The alcohol sales component of the business is
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 conditional use has been reviewed and appropriately conditioned
by Building and Safety, Fire, and the Police Department to ensure it is compatible
with the nature, condition, and development of adjacent uses, buildings and
structures. Based on the provided Conditions of Approval, the 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 facilities, buffer areas,
landscaping, and other development features prescribed in the Development Code and
required by the Planning Commission or City Council in order to integrate the use with
other uses in the neighborhood;
The City of Temecula Development Code (Section 17.08.030) allows for a retail
support use to a non-commercial business (limited to the sale of products
manufactured or assembled on site) that occupies less than 15% of the floor area
of the business. The proposed beer manufacturing use is a non-commercial
business with a support retail tasting room that is less than 15 percent of the
business floor area. The proposed conditional use will be located with an
existing industrial building suite 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;
The project is in conformance with all requirements of the Development Code,
Fire Code, and Building Code. These codes contain provisions that ensure the
protection of the public health, safety, and general welfare. The project is not
anticipated to have negative impact to the public health, safety, and general
welfare.
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;
The decision to conditionally approve the application for a Conditional Use Permit
for Relentless 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 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 application will allow Relentless Brewing to operate a beer manufacturing
facility. No modifications are proposed for the existing structure or the site plan.
The land use (beer manufacturing facility) has been analyzed and it has been
determined that, since the use will be located within an existing building suite and
no physical expansion is involved, further environmental review is not necessary
because the project is consistent with CEQA Section 15301, Class 1 Existing
Facilities exemption and meets all applicable Development Code requirements.
Conditions. The Planning Commission of the City of Temecula approves
Planning Application No. PA13-0203, a Minor Conditional Use Permit for Relentless
Brewing to operate a beer manufacturing facility with a 495 square foot retail sales and
tasting area located at 42030 Avenida Alvarado, Suites E & F, subject to the Conditions
of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this
reference.
PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Commission this 6th day of November, 2013.
John Telesio, Chairman
ATTEST:
J
Patrick Richardson, Secretary
[SEAL]
r
STATE OF CALIFORNIA )
COUNTY OF�IVERSIDE )ss
CITY OF TEMECULA )
I, Patrick Richardson, Secretary of the Temecula Planning Commission, do
hereby certify that the forgoing PC Resolution No. 13-43 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 November, 2013, by the following vote:
AYES: 4 PLANNING COMMISSIONERS: Guerriero, Harter, Kight, Telesio
NOES: 0 PLANNING COMMISSIONERS: None
ABSENT: 1 PLANNING COMMISSIONERS: Carey
ABSTAIN: 0 PLANNING COMMISSIONERS: None
Patrick Richardson, Secretary
EXHIBIT A
CONDITIONS OF APPROVAL
EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA13-0203
Project Description: A Minor Conditional Use Permit for Relentless Brewing to operate
a beer manufacturing facility with a 495 square foot retail sales
and tasting area located at 42030 Avenida Alvarado, Suites E & F
Assessor's Parcel No.: 909-252-002
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: Exempt (Non-Residential)
Approval Date: November 6, 2013
Expiration Date: November 6, 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 payable 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 Wildlife 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, or use of a property in conformance with a
Conditional Use Permit.
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. 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. To ensure compliance with this Condition of Approval:
a. Spills and leaks must be cleaned up immediately.
b. Do not wash, maintain, or repair vehicles onsite.
c. Do not hose down parking areas, sidewalks, alleys, or gutters.
d. Ensure that all materials and products stored outside are protected from rain.
e. 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. Parking for the project shall be shared across the site, including parking spaces in
all lots that are a part of the project. If the project involves multiple lots, the
applicant shall submit to the Planning Department a copy of a recorded Reciprocal
Use Agreement, which provides for cross-lot access and parking across all lots.
PL-11. The applicant shall comply with their Statement of Operations dated August 29,
2013, on file with the Planning Department, unless superseded by these Conditions
of Approval.
PL-12. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the
City's 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. All parkways, including within the right-of-way, entryway median, landscaping, walls,
fencing, recreational facilities and on-site lighting shall be maintained by the
property owner or maintenance association.
PL-15. The trash enclosures shall be large enough to accommodate a recycling bin, as well
as regular solid waste containers.
PL-16. Hours of Operation shall be as follows: Monday through Sunday from 7 a.m. to 8
p.m. and Tasting Room hours Monday through Sunday 10 a.m. to 8 p.m.
PL-17. 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-18. The applicant shall abide by all requirements of the California Department of
Alcoholic Beverage Control.
PL-19. An 8.5" x 11" (or larger) sign listing local transportation service providers and
corresponding telephone numbers shall be posed 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-20. 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.
PL-21. Solid covered trash enclosures shall be provided to house all trash receptacles
utilized on the site. These shall be clearly labeled on site plan.
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. Fire sprinkler 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 Fire Prevention. These plans must be submitted prior to the
issuance of building permit.
F-3. Fire alarm 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 Fire Prevention. 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.
F-4. The developer/applicant shall be responsible for obtaining aboveground storage
tank permits for the storage of liquids.
F-5. Buildings housing high-piles combustible stock shall comply with the provisions of
California Fire Code Chapter 23 and all applicable National Fire Protection
Association standards. The storage of high-piled combustible stock may require
structural design considerations or modifications to the building. Fire protection and
life safety features may include some or all of the following: an automatic fire
sprinkler system(s) designed for a specific commodity class and storage
arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire
Department access doors and Fire Department access roads (CFC Chapter 23 and
City Ordinance 15.16.020).
Prior to Issuance of Certificate of Occupancy
F-6. 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-7. 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 or holds a Type 23 License (Small beer manufacturer). A
Type 23 license authorizes the sale of beer to any person holding a license
authorizing the sale of beer, and to consumers for consumption on or off the
manufacturer's licensed premises. Without any additional licenses, license holder
may sell beer and wine, regardless of source, to consumers for consumption at a
bona fide public eating place on the manufacturer's licensed premises or at a bone
fide eating place contiguous to the manufacturer's licensed premises. License
holder may conduct beer tastings under specified conditions (see section 23357.3,
ABC regulations). Minors are allowed on the premises. Food Service is not
required.
PD-2. Applicant shall comply with Temecula Municipal Code Section 9.14.010,
Consumption of Alcoholic Beverages in Public Prohibited.
PD-3. Applicant shall ensure that no alcohol is sold to or consumed by any person under
the age of 21.
PD-4. Identification will be verified utilizing one of the following: (a) valid California driver's
license; (b) valid California identification card; (c) valid military identification card
(active/reserve/retired/dependent); (d) valid driver's license from any of the 50
States or Territories of the United States; (e) valid U.S. Passport; (f) valid
government issued identification card issued by a Federal, State, County or City
agency.
PD-5. As noted above, 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.'
PUBLIC WORKS DEPARTMENT
No Conditions
BUILDING AND SAFETY DIVISION
No Conditions