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HomeMy WebLinkAbout17-29 PC Resolution PC RESOLUTION NO. 17-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA17-0712, A CONDITIONAL USE PERMIT TO ALLOW FOR A TYPE 42 (ON SALE BEER & WINE - PUBLIC PREMISES) ABC LICENSE, AND PLANNING APPLICATION NUMBER PA17-0713, A FINDING OF PUBLIC CONVENIENCE OR NECESSITY FOR A TYPE 21 (OFF SALE GENERAL) ABC LICENSE AND A TYPE 42 (ON SALE BEER & WINE — PUBLIC PREMISES) ABC LICENSE AT 40432 WINCHESTER ROAD, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 910-470-002) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On April 27, 2017, Steve Rawlings filed Planning Application No. PA17- 0712, a Conditional Use Permit Application, and PA17-0713, 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 August 16, 2017, 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 Nos. PA17-0712 and PA17-0713 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Conditional Use Permit, Development Code Section 17.04.010.E A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; Total Wine & More will operate as a specialty retail store that offers a unique assortment of beer, wine, and spirits. The proposed conditional use is consistent with the City of Temecula General Plan, which specifies Community Commercial for this site. Community Commercial identifies "specialty retail stores"as a desired use. The Temecula Regional Center Specific Plan identifies liquor stores as a permitted use and bars as a conditional use. Economic Development Policy 2.5 states, "Promote retail and other support activities that provide a broader selection of high-quality goods and services for residents, workers, and tourists, including apparel, general merchandise, home furnishings and appliances." The proposed use and conditional use adhere to this policy described in the General Plan. 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. Total Wine & More will operate within an existing building within the Temecula Regional Center Specific Plan area. As conditioned, the proposed conditional use for a Type 42 (On Sale Beer & Wine - Public Premises) is compatible with the nature, condition and development of adjacent uses, buildings and structures because the surrounding area includes similar uses such as restaurant and retail uses. The proposed conditional use will not adversely affect the adjacent uses, buildings or structures because the surrounding buildings are designed for restaurant and retail uses. 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 site for the proposed conditional use was constructed in compliance with the development standards of the Temecula Regional Center and is therefore 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. 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 the requirements of the Temecula Regional Center Specific Plan area, Development Code, Fire Code and the Building Code, 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. Finding of Public Convenience or Necessity, Development Code Section 17.10.020.6.9 F. Whether or not the proposed use is consistent with the general plan and development code; Total Wine & More will operate as a specialty retail store that offers a unique assortment of beer, wine, and spirits. The proposed conditional use is consistent with the City of Temecula General Plan, which specifies Community Commercial for this site. Community Commercial identifies "specialty retail stores"as a desired use. The Temecula Regional Center Specific Plan identifies liquor stores as a permitted use and bars as a conditional use. Economic Development Policy 2.5 states, "Promote retail and other support activities that provide a broader selection of high-quality goods and services for residents, workers, and tourists, including apparel, general merchandise, home furnishings and appliances." G. Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses, Total Wine & More will operate within an existing building within the Temecula Regional Center Specific Plan area. As conditioned, the proposed conditional use for a Type 42 (On Sale Beer & Wine- Public Premises) is compatible with the nature, condition and development of adjacent uses, buildings and structures because the surrounding area includes similar uses such as restaurant and retail uses. The proposed conditional use will not adversely affect the adjacent uses, buildings or structures because the surrounding buildings are designed for restaurant and retail uses. H. Whether or not the proposed use would have an adverse effect on adjacent land uses; The project meets all the requirements of the Temecula Regional Center Specific Plan area, Development Code, Fire Code and the Building Code, 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. I. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity. While the proposed project has an "over-concentration"of licenses as defined by the California Department of Alcoholic Beverage Control for the Type 42 (On Sale Beer & Wine - Public Premises) and Type 21 (Off-Sale General) licenses, the calculation for "over-concentration" does not account for the regional draw of the mall, population influxes (seasonal and shopping), and the unique nature of the establishment which carries specific goods that are not available at other locations. Additionally, the multi-facetted nature of the business is not accounted for in the "over-concentration" calculation, which includes tasting, educational courses, on- site, and off-site sales. The closet similar establishment is located outside of the Census Tract and Total Wine & More should not result in an excessive number of establishments within 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); 1. The request for a Conditional Use Permit for a Type 42 (On Sale Beer & Wine - Public Premises) at Total Wine & More will be conducted in an existing building and involves a negligible expansion of the existing and expected uses. 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 Nos. PA17-0712, a Conditional Use Permit, and PA17- 0713, a Finding of Public Convenience or Necessity Application, 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 16th day of August, 2017. t�' %� —�'L_ hn H. Telesio, Chairperson ATTEST: Luk atson 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. 17-29 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 16th day of August, 2017, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Guerriero, Telesio, Turley-Trejo, Watts, Youmans NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None Luke Watson Secretary EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA17-0712 & PA17-0713 Project Description: A Conditional Use Permit to allow for a Type 42 (On Sale Beer&Wine - Public Premises)ABC license, and Planning Application Number PA17-0713 a Finding of Public Convenience or Necessity for a Type 21 (Off Sale General)ABC license and a Type 42 (On Sale Beer&Wine- Public Premises)ABC license at 40432 Winchester Road. Assessor's Parcel No.: 910-470-002 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(no additional square footage) New Street In-lieu of Fee: N/A(not located within the Uptown Temecula Specific Plan) Approval Date: August 16, 2017 Expiration Date: August 16, 2019 PLANNING DIVISION Within 48 Hours of the Approval 1. 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 2. 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. 3. Expiration. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. Use means 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. 4. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No.7. 5. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 6. Signage Permits. A separate building permit shall be required for all signage. 7. 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. 8. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment, walls, or other structures. 9. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 10. Covered Trash Enclosures. All trash enclosures on site shall include a solid cover and the construction plans shall include all details of the trash enclosures, including the solid cover. 11. Statement of Operations. The applicant shall comply with their Statement of Operations dated July 24, 2017, on file with the Planning Division, unless a conflict exists between the Statement of Operations and these Conditions of Approval, in which case the Conditions of Approval control. 12. 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. 13. Postinq 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 at each of the tasting areas and the education center. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce at (951) 676-5090. 14. Construction and Demolition Debris. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. 15. Hours of Operation. Hours of operation for the business shall be 8:00 a.m. to 10:00 p.m. BUILDING AND SAFETY DIVISION General Requirements 16. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 17. Compliance with Code. a. All design components shall comply with applicable provisions of the 2016 edition of the California Building, Plumbing and Mechanical Codes; 2016 California Electrical Code; California Administrative Code, 2016 California Energy Codes, 2016 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. b. Where food or drink is served for consumption at a counter exceeding 34" in height, a portion of the main counter 60" minimum in length shall be provided in compliance with Section 11 B-902.3 2016 CBC. 18. ADA Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. Disabled access from the public way to the main entrance of the building. b. Van accessible parking located as close as possible to the main entry. c. Path of accessibility from parking to furthest point of improvement. d. Path of travel from public right-of-way to all public areas on site. 19. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 20. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Solid covers are required over new and existing trash enclosures. 21. Demolition. Demolition permits require separate approvals and permits. 22. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. 23. Protection of drains and penetration. Protection of joints and penetrations in fire resistance-rated assemblies shall not be concealed from view until inspected for all designed fire protection. Required fire seals/fire barriers in fire assemblies at fire resistant penetrations shall be installed by individuals with classification or certification covering the installation of these systems. Provide certification for the installation of each area and certification of compliance for Building Official's approval. At Plan Review Submittal 24. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. Prior to Issuance of Building Permit(s) 25. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction 26. Pre-Construction Meeting. A pre-construction meeting is required with the building inspector prior to the start of the building construction. POLICE DEPARTMENT General Requirements 27. Type 21 License. Off Sale General - (Package Store) Authorizes the sale of beer, wine, and distilled spirits for consumption off the premises where sold. Minors are allowed on the premises. Revised at 08/16/17 Planning Commission. 28. 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. 29. 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. 30. 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. 31. 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). 32. 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 33. 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. 34. 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). 35. 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. 36. 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). EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA17-0712 & PA17-0713 Project Description: A Conditional Use Permit to allow for a Type 42 (On Sale Beer&Wine- Public Premises)ABC license, and Planning Application Number PA17-0713 a Finding of Public Convenience or Necessity for a Type 21 (Off Sale General)ABC license and a Type 42 (On Sale Beer &Wine - Public Premises)ABC license at 40432 Winchester Road. Assessor's Parcel No.: 910-470-002 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 (no additional square footage) New Street In-lieu of Fee: N/A (not located within the Uptown Temecula Specific Plan) Approval Date: August 16, 2017 Expiration Date: August 16, 2019 PLANNING DIVISION Within 48 Hours of the Approval 1. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division 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 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 2. 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. 3. Expiration. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. Use means 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. 4. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No.7. 5. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 6. Signage Permits. A separate building permit shall be required for all signage. 7. 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. 8. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment, walls, or other structures. 9. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 10. Covered Trash Enclosures. All trash enclosures on site shall include a solid cover and the construction plans shall include all details of the trash enclosures, including the solid cover. 11. Statement of Operations. The applicant shall comply with their Statement of Operations dated July 24, 2017, on file with the Planning Division, unless a conflict exists between the Statement of Operations and these Conditions of Approval, in which case the Conditions of Approval control. 12. 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. 13. 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 at each of the tasting areas and the education center. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce at (951) 676-5090. 14. Construction and Demolition Debris. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. 15. Hours of Operation. Hours of operation for the business shall be 8:00 a.m. to 10:00 p.m. BUILDING AND SAFETY DIVISION General Requirements 16, Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 17. Compliance with Code. a. All design components shall comply with applicable provisions of the 2016 edition of the California Building, Plumbing and Mechanical Codes; 2016 California Electrical Code; California Administrative Code, 2016 California Energy Codes, 2016 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. b. Where food or drink is served for consumption at a counter exceeding 34" in height, a portion of the main counter 60" minimum in length shall be provided in compliance with Section 11 B-902.3 2016 CBC. 18. ADA Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. Disabled access from the public way to the main entrance of the building. b. Van accessible parking located as close as possible to the main entry. c. Path of accessibility from parking to furthest point of improvement. d. Path of travel from public right-of-way to all public areas on site. 19. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 20. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Solid covers are required over new and existing trash enclosures. 21. Demolition. Demolition permits require separate approvals and permits. 22. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. 23. Protection of drains and penetration. Protection of joints and penetrations in fire resistance-rated assemblies shall not be concealed from view until inspected for all designed fire protection. Required fire seals/fire barriers in fire assemblies at fire resistant penetrations shall be installed by individuals with classification or certification covering the installation of these systems. Provide certification for the installation of each area and certification of compliance for Building Official's approval. At Plan Review Submittal 24. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. Prior to Issuance of Building Permit(s) 25. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction 26. Pre-Construction Meeting. A pre-construction meeting is required with the building inspector prior to the start of the building construction. POLICE DEPARTMENT General Requirements 27. Type 21 License. Off Sale General - (Package Store) Authorizes the sale of beer, wine, and distilled spirits for consumption off the premises where sold. Minors are allowed on the premises. Revised at 08/16/17 Planning Commission. 28. 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. 29. 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. 30. 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. 31. 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). 32. 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 33. 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. 34. 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). 35. 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. 36. 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).