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HomeMy WebLinkAbout072016 PC Agenda In 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]. AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JULY 20, 2016— 6:00 PM Next in Order: Resolution: 16-24 CALL TO ORDER: Flag Salute: Commissioner Turley-Trejo Roll Call: Guerriero, Telesio, Turley-Trejo, Watts, and Youmans PUBLIC COMMENTS A total of 15 minutes is provided for members of the public to 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 Regular Meeting Action Minutes of July 6, 2016 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 Community Development Department application and must be accompanied by the appropriate filing fee. 2 Planning Application Number PA16-0741, a Finding of Public Convenience or Necessity for Shooters Sports Bar and Grill to obtain a Type 40 license (On-Sale Beer) at 28950 Old Town Front Street, Brandon Rabidou RECOMMENDATION: 2.1 Adopt a resolution entitled: PC RESOLUTION NO. 16- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA16-0741, A FINDING OF PUBLIC CONVENIENCE OR NECESSITY FOR SHOOTERS SPORTS BAR AND GRILL TO OBTAIN A TYPE 40 (ON-SALE BEER) LICENSE LOCATED AT 28950 OLD TOWN FRONT STREET AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEQA) (APN 922-120-011) 3 Planning Application Number PA16-0847, a Finding of Public Convenience or Necessity for Cheflavor to allow for the acquisition of a Type 20 Off Sale Beer and Wine (Package Store) California Department of Alcoholic Beverage Control (ABC) License. Cheflavor is a boutique artisan food store that will provide artisan food items and wishes to include the sale of local beer and wine. The site is located at 32119 Temecula Parkway, James Atkins 3.1 Adopt a resolution entitled: PC RESOLUTION NO. 16- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA16-0847, A FINDING OF PUBLIC CONVENIENCE OR NECESSITY FOR CHEFLAVOR TO ALLOW FOR THE ACQUISITION OF A TYPE 20 OFF SALE BEER AND WINE (PACKAGE STORE) ABC LICENSE. CHEFLAVOR IS A BOUTIQUE ARTISAN FOOD STORE THAT WILL PROVIDE ARTISAN FOOD ITEMS AND WISHES TO INCLUDE THE SALE OF LOCAL BEER AND WINE AND 2 MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE SITE IS LOCATED AT 32119 TEMECULA PARKWAY. (APN 960-010-044) REPORTS FROM COMMISSIONERS REPORTS FROM COMMISSION SUBCOMMITTEE(S) DIRECTOR OF COMMUNITY DEVELOPMENT REPORT DIRECTOR OF PUBLIC WORKS REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, August 3, 2016, 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.org — 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.org — 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 Community Development Department at the Temecula Civic Center, (951)694-6400. 3 ITEM 1 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JULY 6, 2016—6:00 PM Next in Order: Resolution: 16-21 CALL TO ORDER: Chairman Guerriero (6:00 p.m.) Flag Salute: Commissioner Youmans led the Pledge of Allegiance ROLL CALL: Commissioners Present: Guerriero, Telesio, Turley-Trejo, Watts and Youmans Staff Present: Watson, Fisk, Marroquin, Attar, Atkins, Rabidou, and Jacobo PUBLIC COMMENTS Ellen Diederich, Temecula resident, addressed the Planning Commission 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 Regular Meeting Action Minutes of June 15, 2016 APPROVED 3-0- 2; MOTION BY COMMISSIONER WATTS AND SECOND BY COMMISSIONER TELESIO; AYE VOTES FROM COMMISSIONERS GUERRIERO, TELESIO, AND WATTS; TURLEY-TREJO AND YOUMANS ABSTAINED 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. City of Temecula Page 2 of 3 Planning Commission — Regular Meeting July 6, 2016 Action Minutes 6:00— 7:53 p.m. 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 Community Development Department application and must be accompanied by the appropriate filing fee. 2 Planning Applications PA15-1572 (Development Plan) and PA15 1573 (Conditional Use Permit), to allow for the construction and operation of two (2) fast-food drive-thru restaurants and one (1) express car wash within the Vail Ranch Town Center. The site includes two (2) parcels and totals 2.4 gross acres located at the southwest corner of Temecula Parkway and Mahlon Vail Road, (APN's 960-020-046 and 960-020-047), James Atkins APPROVED 5-0 (WITH THE ADDED CONDITIONS OF APPROVAL); MOTION BY COMMISSIONER WATTS AND SECOND BY COMMISSIONER YOUMANS; AYE VOTES FROM COMMISSIONERS GUERRIERO, TELESIO, TURLEY-TREJO, YOUMANS, AND WATTS RECOMMENDATION: 2.1 Adopt a resolution entitled: PC RESOLUTION NO. 16-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA15-1572 (DEVELOPMENT PLAN), TO ALLOW FOR THE DEVELOPMENT OF TWO (2) FAST-FOOD DRIVE-THRU RESTAURANTS AND ONE (1) EXPRESS CAR WASH WITHIN THE VAIL RANCH TOWN CENTER. THE SITE INCLUDES TWO (2) PARCELS TOTALING 2.4 GROSS ACRES; AND, MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE SITE IS LOCATED ON THE SOUTHWEST CORNER OF TEMECULA PARKWAY AND MAHLON VAIL ROAD. (APN 960- 020-046 AND 960-020-047) PC RESOLUTION NO. 16-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA15-1573 (CONDITIONAL USE PERMIT) TO ALLOW FOR THE OPERATION OF TWO (2) FAST-FOOD DRIVE-THRU RESTAURANTS AND ONE (1) EXPRESS CAR WASH WITHIN THE VAIL RANCH TOWN CENTER. THE SITE INCLUDES TWO (2) PARCELS TOTALING 2.4 GROSS ACRES; AND, MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE SITE IS LOCATED ON THE SOUTHWEST CORNER OF TEMECULA PARKWAY AND MAHLON VAIL ROAD. (APN 960- 020-046 AND 960-020-047) George DiLeo, Temecula resident, addressed the Planning Commission City of Temecula Page 3 of 3 Planning Commission — Regular Meeting July 6, 2016 Action Minutes 6:00— 7:53 p.m. 3 Planning Application Number PA16-0503, a use permit for a Large Family Day Care with a maximum of fourteen (14) children, operated by one (1) full-time employee and one (1) part-time employee, Monday thru Friday from 7:30 a.m. to 6:00 p.m., with drop- off and pick-up times between the hours of operation for an existing single-family residence located at 41342 Salt River Court, Brandon Rabidou APPROVED 3-2; MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER YOUMANS; AYE VOTES FROM COMMISSIONERS GUERRIERO, TELESIO, AND YOUMANS; TURLEY-TREJO AND WATTS AGAINST RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION NO. 16-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA16-0503, A USE PERMIT FOR A LARGE FAMILY DAY CARE WITH A MAXIMUM OF FOURTEEN (14) CHILDREN, OPERATED BY ONE (1) FULL-TIME EMPLOYEE AND ONE (1) PART-TIME EMPLOYEE, MONDAY THRU FRIDAY FROM 7:30 A.M. TO 6:00 P.M., WITH DROP-OFF AND PICK-UP TIMES BETWEEN THE HOURS OF OPERATION FOR AN EXISTING SINGLE- FAMILY RESIDENCE LOCATED AT 41342 SALT RIVER COURT, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 953-130-021) Chad Penza, Temecula resident, addressed the Planning Commission Teresa Marasco, Temecula resident, addressed the Planning Commission REPORTS FROM COMMISSIONERS REPORTS FROM COMMISSION SUBCOMMITTEE(S) DIRECTOR OF COMMUNITY DEVELOPMENT REPORT DIRECTOR OF PUBLIC WORKS REPORT ADJOURNMENT The Planning Commission meeting was adjourned at 7:53 p.m. to the next regular meeting of the Planning Commission on Wednesday, July 20, 2016, 6:00 p.m. in the City Council Chamber located at 41000 Main Street, Temecula, California. Ron Guerriero, Chairperson Luke Watson Planning Commission Director of Community Development ITEM 2 STAFF REPORT— PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: July 20, 2016 TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Director of Community Development PREPARED BY: Brandon Rabidou, Case Planner APPLICANT NAME: Bill Alden PROJECT Planning Application Number PA16-0741, a Finding of Public SUMMARY: Convenience or Necessity for Shooters Sports Bar and Grill to obtain a Type 40 license (On-Sale Beer) at 28950 Old Town Front Street CEQA: Categorically Exempt Section 15301, Class 1, Existing Facilities RECOMMENDATION: Adopt a Resolution approving the project subject to Conditions of Approval BACKGROUND SUMMARY On May 16, 2016, the applicant, Bill Alden, submitted a Finding of Public Convenience or Necessity (PC or N) application for an existing billiard hall located at 28950 Old Town Front Street. The applicant is requesting a PC or N for a Type 40 license (On-Sale Beer). The applicant has recently acquired the lease for the existing billiard hall located at 28950 Old Town Front Street. During this transition, the applicant has renamed the billiard hall from High Society Billiards and Dart Club to Shooters Sports Bar and Grill. In 2000, High Society Billiard and Dart Club obtained a PC or N for a Type 40 license at this location (under Planning Application PA99-0113) as well as a Conditional Use Permit. In early 2016, the previous operator (High Society Billiard and Dart Club) voluntarily surrendered the Type 40 license as the location transitioned between operators. The California Department of Alcoholic Beverage Control (ABC) requires a new PC or N to be obtained for the Type 40 license due to the previous license being surrendered. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS The applicant is requesting the same Type 40 license (On-Sale Beer) that the previous operator held for fifteen years. Due to ABC's requirements, a new PC or N is required. Under the original approval, High Society Billiard and Dart Club obtained the Type 40 license and PC or N due to CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\9AA72D74-EE59-4AA2-800E-9EC7338C0722\13386.docx 1 the unique nature of the business (at the time there were limited billiard hall locations in Temecula and the billiard hall was separated from other sensitive uses). These conditions still exist and staff has determined that no other billiard halls exist within the city limits as of June 21, 2016. Staff contacted the Temecula Police Department to determine if there were any issues at the existing billiard hall over the past two years. Two calls for service were recorded. One call for service was for found property. The other call for service was for mail being stolen from the mailbox. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U-T San Diego on June 30, 2016, 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). The request for a Finding of Public Convenience or Necessity for a Type 40 (On-Sale Beer) license will be conducted at an existing billiard location. All access and public utilities are available to the site and the use is in conformance with all zoning requirements of the Development Code. FINDINGS 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. The proposed use is consistent with the City of Temecula General Plan which specifics that the Highway/Tourist Commercial designation includes commercial development oriented to the needs of tourists and entertainment centers. The Development Code allows for alcohol sales within the Highway/Tourist Commercial zone in accordance with the supplemental development standards identified in the Development Code. Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses. Shooters Sports Bar and Grill is an existing billiard hall located with the Highway/Tourist Commercial zone. As conditioned, the proposed use is compatible with the nature, condition and development of adjacent uses, buildings and structures, and the proposed use will not adversely affect the adjacent uses, buildings or structures. Whether or not the proposed use would have an adverse effect on adjacent land uses. CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\9AA72D74-EE59-4AA2-800E-9EC7338C0722\13386.docx 2 Shooters Sports Bar and Grill operates at a location that is currently entitled for a billiard hall. As conditioned, the proposed use is compatible with the nature, condition and development of adjacent uses, buildings and structures, and the proposed use will not adversely affect the adjacent uses, buildings or structures. 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 proposed use does not impact any of the site requirements. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity. Shooters Sports Bar and Grill is the only billiard hall located within the City of Temecula. While the Census Tract is over-concentrated with on-sale licenses, there is no other billiard halls within the city limits. Additionally, this site previously held a Type 40 (On-Sale Beer), and the previous license did not result in an excessive number of similar establishments. ATTACHMENTS Aerial Map PC Resolution Exhibit A - Draft Conditions of Approval Notice of Public Hearing CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\9AA72D74-EE59-4AA2-800E-9EC7338C0722\13386.docx 3 AERIAL MAP 1 1 � r. � !' � J ♦ 1�h f i '� { I i• 15 � ,'m 14. PC RESOLUTION PC RESOLUTION NO. 16- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA16-0741, A FINDING OF PUBLIC CONVENIENCE OR NECESSITY FOR SHOOTERS SPORTS BAR AND GRILL TO OBTAIN A TYPE 40 (ON- SALE BEER) LICENSE LOCATED AT 28950 OLD TOWN FRONT STREET AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 922-120- 011) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On May 16, 2016, Bill Alden filed Planning Application No. PA16-0741 a Finding of Public Convenience or Necessity, in a manner in accordance 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 20, 2016, 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. PA16-0741 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 (Section 17.10.020) A. Whether or not the proposed use is consistent with the General Plan and Development Code. The proposed use is consistent with the City of Temecula General Plan which specifics that the Highway/Tourist Commercial designation includes commercial development oriented to the needs of tourists and entertainment centers. The Development Code allows for alcohol sales within the Highway/Tourist Commercial zone in accordance with the supplemental development standards identified in the Development Code. B. Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses. Shooters Sports Bar and Grill is an existing billiard hall located with the Highway/Tourist Commercial zone. As conditioned, the proposed use is compatible with the nature, condition and development of adjacent uses, buildings and structures, and the proposed use will not adversely affect the adjacent uses, buildings or structures. C. Whether or not the proposed use would have an adverse effect on adjacent land uses. Shooters Sports Bar and Grill is an existing billiard hall located with the Highway/Tourist Commercial zone. As conditioned, the proposed use is compatible with the nature, condition and development of adjacent uses, buildings and structures, and the proposed use will not adversely affect the adjacent uses, buildings or structures. 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 proposed use does not impact any of the site requirements. D. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity. Shooters Sports Bar and Grill is the only billiard hall located within the City of Temecula. While the Census Tract is over-concentrated with on-sale licenses, there is no other billiard halls within the city limits. Additionally, this site previously held a Type 40 (On-Sale Beer), and the previous license did not result in an excessive number of similar establishments. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Major Modification: 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, Existing Facilities); The request for a Finding of Public Convenience or Necessity for a Type 40 (On Sale Beer) license will be conducted at an existing billiard hall location. All access and public utilities are available to the site and the use 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. PA16-0741 a Finding of Public Convenience or Necessity for Shooters Sports Bar and Grill to obtain a Type 40 (On-Sale Beer) ABC license at 28950 Old Town Front Street and making a finding of exemption under the California Environmental Quality Act (CEQA) (APN 922-120-011) subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20th day of July, 2016. Ron Guerriero, Chairperson ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 16- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20th day of July, 2016, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA16-0741 Project Description: A Finding of Public Convenience or Necessity for Shooters Sports Bar and Grill to obtain a Type 40 license at 28950 Old Town Front Street Assessor's Parcel No.: 922-120-011 MSHCP Category: N/A(no new grading) DIF Category: N/A(no additional square footage) TUMF Category: N/A(no additional square footage) Quimby Category: N/A(non-residential) Approval Date: July 20, 2016 Expiration Date: July 20, 2018 PLANNING DIVISION General Requirements 1. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys 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. 2. Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 3. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment, walls, or other structures. 4. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 5. Statement of Operations. The applicant shall comply with their Statement of Operations dated February 17, 2016, on file with the Planning Division, unless superseded by these Conditions of Approval. 6. Previous Conditions of Approval. All previous Conditions of Approval from PA99-0113 shall remain in full effect unless superseded herein. 7. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 8. City Review and Modification of CUP. The City, its Director of Community Development, 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 Director of Community Development, Planning Commission and City Council is in addition to, and not in-lieu of, the right of the City, its Director of Community Development, 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. 9. Posting of Local Transportation Providers. 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 at (951) 676-5090. POLICE DEPARTMENT General Requirements 10. Consumption of Alcoholic Beverages in Public Prohibited. The applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. 11. Identification Verification. 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. 12. Acceptable Forms of Identificaion. 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. 13. Disorderly House. 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). 14. No Alcohol Sales Between 2:00 AM and 6:00 AM. 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). 15. Entertainment Rules. 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. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of her or her genitals or anus (Rule 143.3 CCR. Also violates Section 311.6 PC if conduct is "obscene," e.g. intercourse, sodomy, masturbation, etc.) 16. Inspections. 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). 17. Employee Training for Identification Checks. The applicant shall 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 setup 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 when new employees/management are hired. 18. 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-alcoholic; (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 loiter for the purpose of soliciting an alcoholic drink. 19. Public Telephones. Any public telephones located on the exterior of the building should 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. 20. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. 21. Under Number of Calls for Service. 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 parking lot (Sections 24200 (a) (B&P). NOTICE OF PUBLIC HEARING n Notice of Public Hearing 1989ij A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING - COMMISSION to consider the matter described below: Case No: PA16-0741 Applicant: Bill Alden Proposal: A Finding of Public Convenience or Necessity for Shooters to obtain a Type 40 license (On-Sale Beer) at 28950 Old Town Front Street Environmental: 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) Case Planner: Brandon Rabidou, (951) 506-5142 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: July 20, 2016 Time of Hearing: 6:00 p.m. 0 0 O Z � C�eOST r � O a IPA 4 Project Site �° CSOo 1,000 Feet Notice of Public Hearing 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.citvoftemecula.org. 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.org — 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 Community Development Department, (951) 694-6400. ITEM 3 STAFF REPORT— PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: July 20, 2016 TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Director of Community Development PREPARED BY: James Atkins, Case Planner APPLICANT NAME: Tahne Green PROJECT Planning Application Number PA16-0847, a Finding of Public SUMMARY: Convenience or Necessity for Cheflavor to allow for the acquisition of a Type 20 Off Sale Beer and Wine (Package Store) California Department of Alcoholic Beverage Control (ABC) License. Cheflavor is a boutique artisan food store that will provide artisan food items and wishes to include the sale of local beer and wine. The site is located at 32119 Temecula Parkway. CEQA: Categorically Exempt Section 15301, Class 1, Existing Facilities RECOMMENDATION: Adopt a Resolution approving the project subject to Conditions of Approval BACKGROUND SUMMARY AND ANALYSIS On June 7, 2016, Tahne Green submitted Planning Application No.PA16-0847 for a Finding of Public Convenience or Necessity for Cheflavor to operate under a Type 20 ABC License (Off Sale Beer & Wine) located at 32119 Temecula Parkway. The acquisition will allow the applicant to sell beer and wine within the boutique market to patrons seeking local beer and wine products, as well as receiving informed recommendations on food and beverage pairings. This will allow the applicant's customers to not be placed at a competitive disadvantage and have the same convenience in purchasing food and beverages as offered at other food markets in the area. The sale of beer and wine is an incidental use for food markets located in the Highway Tourist (HT) zone and does not require the acquisition of a Conditional Use Permit. However, the Census Tract is "over-concentrated" with Type 20 Licenses and requires a Finding of Public Convenience or Necessity for an additional license. Per ABC, there are two off-sale licenses permitted in the Census Tract before being considered "over-concentrated" and six currently exist within the Census Tract. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant agrees with the recommended Conditions of Approval. CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\4057C410-ABBC-4C70-BF84-332FC1 F8703E\13400.docx1 LEGAL NOTICING REQUIREMENTS Notice of the public hearing was mailed to the property owners within 600-foot radius and published in the U-T San Diego on July 7, 2016. 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). The request for a Finding of Public Convenience or Necessity for Cheflavor to allow off sale of beer and wine sales within an existing retail center. The site is fully developed and all access and public utilities are available to the site. The proposed use is in conformance with all zoning requirements of the Development Code. FINDINGS 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. Cheflavor is a boutique artisan food store. The proposed use is consistent with the City of Temecula General Plan which specifies that the Highway Tourist (HT) designation includes retail markets serving the entire community. The off sale of beer and wine would serve as an incidental use to the establishment operations. Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses. Cheflavor is a boutique artisan food store within the Highway Tourist zone. As conditioned, the proposed use is compatible with the nature, condition and development of adjacent uses, buildings and structures, and the proposed use will not adversely affect the adjacent uses, buildings or structures. Whether or not the proposed use would have an adverse effect on adjacent land uses. Cheflavor is a boutique artisan food store within a commercial center in the Highway Tourist zone. As proposed, the use is compatible with the nature, condition and development of adjacent uses, buildings and structures, and the proposed use will not adversely affect the adjacent uses, buildings or structures. 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 proposed use does not impact any of the site requirements. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity. CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\4057C410-ABBC-4C70-BF84-332FC1 F8703E\13400.docx2 Cheflavor will be located in a Census Tract which ABC considers "over-concentrated"with off- sale licenses. Per ABC, two off-sale licenses are permitted in this tract before it is considered "over-concentrated" and six (6) currently exist. Therefore, a Finding of Public Convenience or Necessity is required for Cheflavor to be the seventh (7th) establishment with an off-sale ABC License. The finding will allow the applicant to offer similar products as other markets in the area, as it is considered a convenience to purchase beer and wine when purchasing food. As proposed, the Findings of Public Convenience or Necessity will not result in an excessive number of similar establishments in close proximity that operate under a Type 20 ABC License within the Census Tract. ATTACHMENTS Aerial Map Plan Reductions PC Resolution Exhibit A - Draft Conditions of Approval Statement of Operations Notice of Public Hearing CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\4057C410-ABBC-4C70-BF84-332FC1 F8703E\13400.docx3 AERIAL MAP City of Temecula PA 16-0847 r + { 1P } c, r. 3S 5' �r Project Site = �— � r x IV- i n Tfr w T T Ilk �. Yrs T.:�• � C s. ti's ; f t' ��� ��� ., � .�U4�t0F � •"�'' r 4 •,;� _ war _ .,�, 9 K, 0 250 500 Feel This map was made the City of Temecula Geographic Information System The map is derived from base data produced by the Riverside County Assessor's Department and the Temecula ass Transportation and Land Management Agency of Riverside f �NORTH County.The City of Temecula assumes no warranty or legal responsibility for the information contained an this map,Data and information represented on this map A are subjectto update and modification.The Geographic Information System and other sources should be queried for the most current information, t.7cr.Ut':t[Siit�orf{vr'rr,75rwi This map is not for reprint or resale, ,J Systems PLAN REDUCTIONS --) 1 zs TE WON Sldv IlIIII IIII..��III�IIII I�tt � t � a ;S!2 iiz 0 9 ZD ,y. +� � ��I�FJI����IIII,� III11 ��,�In UIIII''II U Vll�1T'IIITIIIIITII U r H4ffiW 3 n i � a J V w LU u + f asa _ _ l �f�l1Y�TTTTI I I Ij � �IIIIIII�IIIU N U3� \ � _. 6a ��IIIII IIII1111111111111111 LI __ 1 i�e i o 'a LL I I� 11191 p U11111 111111 mimmin CD d $ g II oz=.t awes NElld zllIS HONVN llbA llvai a3nla g L40_O' fV$IJlly INI r :� ���-rs i s• -c us J S 069.2 9momNf18(31 um w �- c Y3WMAS 13 NaVH o ���������IIIIIIII�� �������� 3NiFIJ�tal �� � � ,, _... �a•sssrl t �: nwaNvo .s... f A i li � Eas Evice1 d .. � o •rv>oi�tNiallna ��-'�1 �£ •aleaa¢tN1 //` aoab est lMl I "r 1 �t 1. rCj� ',c.c. i ? f:f. �v• `1 W� SYF� 1 r'� nn ti 'i-S61 t•Z . 0VON 2NO1S JIOM VIN803�1VO 'V-E EA31 AMNd V1f103W31 SIZZ£ i S233 w-nb(1V]H WA 13Ab"Jl d0 HIVd VUV I � E 7 w ! 1. • yrs � �E�-?F: M-ING ACCFAiBLE - - PARKNGS'A.IS t�����Eg �si�� 3• �„ . � ae # sF ,1€ a a da s` �e a gii�gBiSint:;t°a °ffi $ gy1 _ woo,uSisapjT%ojgegajjuosef 35ROHiI3JIVZ32IVJ`S#RNIQ'IIRg '_., 3 -o Z,x 9££S-LLS-SSS:Hd VR V'IRJ3Ii3Z`�VM7IiIVd V'Ifl33N3Z LZIZ£-SIIZ£ `w p G,Fj sleliaxH Iib.L3a HOAV IJaHa o a d Q > 5 z I �ry I L` I �j �P p I � x o os a F it L I a I a�a�a+um xot —– orw�sxvlasm 3 a Q� o� � z F z _ o 0 u a O Q w PC RESOLUTION PC RESOLUTION NO. 16- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA16-0847, A FINDING OF PUBLIC CONVENIENCE OR NECESSITY FOR CHEFLAVOR TO ALLOW FOR THE ACQUISITION OF A TYPE 20 OFF SALE BEER AND WINE (PACKAGE STORE) ABC LICENSE. CHEFLAVOR IS A BOUTIQUE ARTISAN FOOD STORE THAT WILL PROVIDE ARTISAN FOOD ITEMS AND WISHES TO INCLUDE THE SALE OF LOCAL BEER AND WINE AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE SITE IS LOCATED AT 32119 TEMECULA PARKWAY. (APN 960- 010-044) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On June 7, 2016, Tahne Green filed Planning Application No. PA16-0847 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 July 20, 2016, 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. PA16-0847, 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; Cheflavor is a proposed boutique artisan food store. The proposed use is consistent with the City of Temecula General Plan which specifies that the Highway Tourist (HT) designation includes retail markets serving the entire community. The off sale of beer and wine would serve as an incidental use to the establishment operations. B. Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses; Cheflavor is a boutique artisan food store within the Highway Tourist zone. As conditioned, the proposed use is compatible with the nature, condition and development of adjacent uses, buildings and structures, and the proposed use will not adversely affect the adjacent uses, buildings or structures. C. Whether or not the proposed use would have an adverse effect on adjacent land uses; Cheflavor is a boutique artisan food store within a commercial center in the Highway Tourist zone. As proposed, the use is compatible with the nature, condition and development of adjacent uses, buildings and structures, and the proposed use will not adversely affect the adjacent uses, buildings or structures. 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 proposed use does not impact any of the site requirements. D. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity; Cheflavor will be located in a Census Tract which ABC considers "over- concentrated" with off-sale licenses. Per ABC, two off-sale licenses are permitted in this tract before it is considered "over-concentrated", and six (6) currently exist. Therefore, a Finding of Public Convenience or Necessity is required for Cheflavor to be the seventh (7t") establishment with an off-sale ABC License. The finding will allow the applicant to offer similar products as other markets in the area, as it is considered a convenience to purchase beer and wine when purchasing food. As proposed, the Findings of Public Convenience or Necessity will not result in an excessive number of similar establishments in close proximity that operate under a Type 20 ABC License within the Census Tract. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Major Modification: 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, Existing Facilities); The request for a Finding of Public Convenience or Necessity for Cheflavor to allow off sale of beer and wine sales within an existing retail center. The site is fully developed and all access and public utilities are available to the site. The proposed use 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. PA16-0847, a Finding of Public Convenience or Necessity for Cheflavor to allow for the acquisition of a Type 20 Off Sale Beer and Wine (Package Store) ABC License located at 32119 Temecula Parkway. (APN 960-010-044) subject to the Conditions of Approval set forth in Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20th day of July, 2016. Ron Guerriero, Chairperson ATTEST: Luke Watson, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 16- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20th day of July, 2016, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA16-0847 Project Description: Cheflavor PC or N: a Finding of Public Convenience or Necessity to allow for the acquisition of a Type 20 Off Sale Beer and Wine (Package Store) ABC License. Cheflavor is a boutique artisan food store that will provide artisan food items and wishes to include the sale of local beer and wine. The site is located at 32119 Temecula Parkway. Assessor's Parcel No.: 960-010-044 MSHCP Category: N/A(no new grading) DIF Category: N/A(no new construction) TUMF Category: N/A(no new construction) Quimby Category: N/A(non-residential) Approval Date: July 20, 2016 Expiration Date: July 20, 2018 PLANNING DIVISION Within 48 Hours of the Approval 1. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys 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. 2. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a cashiers 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 Division 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 3. Expiration. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. Use means the implementation of the ABC license 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 Public Convenience or Necessity. 4. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 10 (Vail Ranch). 5. Conformance with Approved Plans. The operation of the business shall substantially conform to the approved site plan contained on file with the Planning Division. 6. Signage Permits. A separate building permit shall be required for all signage. 7. Water Quality and Drainage. 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 shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down 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. 8. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. g. Statement of Operations. The applicant shall comply with their Statement of Operations dated stamped June 7, 2016, on file with the Planning Division, unless superseded by these Conditions of Approval. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 10. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. POLICE DEPARTMENT General Requirements 11. Type 42 License. OFF SALE BEER AND WINE (Package Store). Authorizes the sale of beer, wine for consumption off the premises where sold.. No distilled spirits may be on the premises. Minors are allowed on premises. 12. Consumption of Alcoholic Beverages in Public Prohibited. The applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. 13. Identification Verification. 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. 14. Acceptable Forms of Identification. 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. 15. Disorderly House. 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). 16. No Alcohol Sales Between 2:00 AM and 6:00 AM. 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). 17. Inspections. 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). 18. Employee Training for Identification Checks. The applicant shall 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 when new employees/ management are hired. 19. Public Telephones. Any public telephones located on the exterior of the building should 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. 20. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. STATEMENT OF OPERATIONS L Y�� '� ,VVI ,l_ I� l Statement of Operations ----------- E ___-____ _ Cheflavor will be a boutique artisan food store supporting local Southern California businesses. Our portfolio of procured provisions will include locally crafted wine and beer accounting for approximately 10-15% of our overall sales. Customers will have the opportunity to create their own personalized gift baskets by selecting our locally procured provisions. Temecula has become a world wide destination; Cheflavor aims to be a store where both visitors and residents can purchase Temecula's most flavorful hand crafted food and beverages to take home and enjoy. This ability to purchase local beer and wine as gifts will be a nice addition to the Vail Headquarters boutique based center. We just want to be a fun store for "foodies" and people who like to experience and support local artisanal food and beverage makers can purchase these items together in one location. Cheflavor's hours of operation will be Sunday thru Thursday 10am—8pm and, Friday and Saturday's 10am—9pm. We anticipate having up to 5 part time employees. We anticipate needing an average of 5 parking spaces per hour. Our average daily peak trips generated will be approximately 20 depending on the activity of the Vail Headquarters center. The only type of equipment being utilized at the store will be two POS systems and refrigeration units. We will not have any new or existing hazardous materials in or around the store. We plan on installing our own security system with interior and exterior cameras as well as motion detectors for when the store is closed. The cameras will be monitored through a display in the storage/office room in the rear of the store. We will have staff circulating at all times to ensure there is no theft. All security will have 24/7 monitoring from the contracted company. In addition, the owner of the Vail Headquarters center has installed outdoor perimeter security cameras throughout the property. NOTICE OF PUBLIC HEARING Notice of Public Hearing .......... 1989 A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No: PA16-0847 Applicant: Tahne Green Proposal: A Finding of Public Convenience or Necessity to allow for the acquisition of a Type 20 Off Sale Beer and Wine (Package Store) ABC License. Cheflavor is a boutique artisan food store that wishes to include the sale of local beer and wine. The site is located at 32119 Temecula Parkway. Environmental: 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) Case Planner: James Atkins, (951) 240-4206 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: July 20, 2016 Time of Hearing: 6:00 p.m. 7 uLP pK� c!? tEMEc �'o Project Site 0 a P G� DR QUO Gp,R soo 1,000AND Feet 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.citvoftemecula.org. 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.org — 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 contact the Planning Department, (951) 694-6400.