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Home My WebLink About061505 PC Agenda -II 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 IIJ AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE June 15, 2005 - 6:30 P.M. ******** Next in Order: Resolution No. 2005-43 CALL TO ORDER Flag Salute: Roll Call: Chairman Mathewson Chiniaeff, Guerriero, Olhasso, Telesio and Mathewson PUBLIC COMMENTS - A total of 15 minutes is provided so members of the public may address the Commission on items that are not listed on the Agenda. Speakers are limited to three (3) 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 (3) minute time limit for individual speakers. CONSENT CALENDAR 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. 1 Director's Hearinq Case Update - RECOMMENDATION: 1.1 Approve the Director's Hearing Case Update for May, 2005 R:\PLANCOMMlAgendas\2005\06-15-04.doc COMMISSION BUSINESS . 2 Discussion of corner monumentation at the southeast and southwest corners of Pechanqa Parkway and Hiqhway 79 South. 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. New Items 3 Planninq Application No. PA05-0041. a periodic "clean-up" of the Development Code that includes a number of minor clarifications and typoqraphical corrections to improve its clarity, Dale West. Associate Planner. 4 Planninq Application No. PA05-0032 Consideration of Findinq of Public Convenience or Necessity, submitted by Carlos Palma of Temecula House of Wine, to allow for off-site sale of wine (Type 20 License) and on-site wine tastinq (Type 42 License). located at 28522 Old . Town Front Street. Harmony Bales, Planninq Technician. 5 Planninq Application No. PA05-0093 a Minor Conditional Use Permit and Findinqs of Public Convenience or Necessity. submitted by Mark McLaren of Beveraqes and More, to allow for sale of beer, wine. and distilled spirits (Type 21 License off-sale qeneral) and (Type 42 License on-sale beer and wine-public premises), located at 39672 Winchester Road. Harmony Bales. Planninq Technician. COMMISSIONERS' REPORTS PLANNING DIRECTOR'S REPORT ADJOURNMENT Next regular meeting: Wednesday, July 6, 2005, 6:30 PM, Council Chambers, 43200 Business Park Drive, Temecula, California. . R:\PLANCOMMlAgendas\2005\06-15-04.doc 2 . ITEM #1 . . . . TO: FROM: DATE: SUBJECT: CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM Planning Commission Debbie Ubnoske, Director of Planning June 15, 2005 Director's Hearing Case Update Planning Director's Agenda items for May 2005. May 12, 2005 ay 19, 2005 May 19, 2005 Attachment: PA05-0021 PA05-0121 PA05-0066 PA04-0612 A Development Plan (Product Charlene Kussner Review) for ten single-family Gallery Homes residences and a Minor Exception to increase the lot coverage for three lots by one percent, located at the southeast corner of Rancho Vista Road and Ynez Road. A Tentative Parcel Map to subdivide Michael Schweitzer four commercially zoned parcels into Masson and seven legal parcels with "Parcel 1" Associates designated as open space, located at the southeast corner of Highway 79 South and Butterfield Stage Road. A Development Plan to construct, Walt Allen establish and operate a single-story Front Street dental office totaling 5,999 square Architects feet with onsite parking facilities and landscaping on 2.89 acres, located at the northeast corner of DePortola Road and Mar arita Road. 1 . Action Agendas - Blue Page 2 R:\D IRHEAR\M EMO\2005\5-2005.doc Approved Referred to Planning Commission Approved . . . ATTACHMENT NO.1 ACTION AGENDAS R:IDIR HEARIMEMOI200515-2005.doc 2 . . . ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING May 12, 2005 1 :30 PM TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: Don Hazen, Principal Planner PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Principal Planner on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Principal Planner about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Principal Planner. When you are called to speak, please come forward and state your name and address. Item No.1 1 :30 PM Project Information: Project Number: PA05-0021 (Development Plan); PA05-0121 (Minor Exception) Development Plan (Product Review) and Minor Exception Gallery Portraits Charlene Kussner, Gallery Homes A Development Plan (Product Review) for ten single-family residences and a Minor Exception to increase the lot coverage for three lots by one percent. Southeast corner of Rancho Vista Road and Ynez Road Notice of Determination per subsequent Negative Declaration Christine Damko APPROVED Project Type: Project Title: Applicant: Project Description: Location: Environmental Action: Project Planner: ACTION: R:\DIRHEAR\Agendas\2005\05-12-05 Action Agenda.doc ACTION AGENDA . TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING May 19, 2005 1 :30 PM TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: Don Hazen, Principal Planner PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Principal Planner on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Principal Planner about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Principal Planner. When you are called to speak, please come forward and state your name and address. Item NO.1 Project Information Project Number: Project Type: Project Title: Applicant: Project Description: Location: PA05-0066 Tentative Parcel Map Butterfield Ranch Shopping Center Tract Map Michael Schweitzer, Masson and Associates A Tentative Parcel Map to subdivide four commercially zoned parcels into seven legal parcels with "Parcel 1 " designated as open space. Southeast corner of Highway 79 South and Butterfield Stage Road Notice of Determination per subsequent Negative Declaration Christine Damko REFERRED TO PLANNING COMMISSION . Environmental Action: Project Planner: ACTION: Item No.2 Project Information Project Number Project Type: Project Title: Applicant: Project Description: Location: PA04-0612 Development Plan Palomar Plaza Dental Office Walt Allen, Front Street Architects A Development Plan to construct, establish and operate a single-story dental office totaling 5,999 square feet with onsite parking facilities and landscaping on 2.89 acres. 43980 Margarita Road, generally located at the northeast corner of DePortola Road and Margarita Road Categorically exempt per CEQA Section 15332, In-fill project Matthew Harris APPROVED . Environmental Action: Project Planner: ACTION: R:\D1RHEAR\Agendas\2005\05-19-05 AClion Agenda.doc . ITEM #2 . . . . . CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: DATE: SUBJECT: PLANNING COMMISSION PLANNING DEPARTMENT JUNE 15, 2005 AGENDA ITEM #2 On May 7, 2003, the Planning Commission approved a master concept plan for a site located on the south side of Highway 79 South, generally encompassing the southwest and southeast corners of Highway 79 South and Pechanga Road, and extending easterly approximately 1,600 feet. (see Attachment). One of the conditions of approval was that corner entry statements at the southeast and southwest corners of Highway 79 South and Pechanga Road be reviewed and approved by the Planning Commission. The City subsequently entered into an agreement with the property owner, whereby, $85,000 would be made available to the City to design and install the corner statements. Staff is at the point where the applicant is ready to provide the funds and TCSD staff is preparing to hire a consultant to provide preliminary design plans for Planning Commission review. Staff would like input from the Planning Commission at this time in order to provide guidance to the consultant. Staff will make a brief presentation showing each corner in detail at the meeting. R:\Hazend\Corners.doc v J.I8IHXa / L-.__ --~)~ r re ~ o _ E 'il . 1l~ &! . _1 ~ QlO= ~ "'l! ~ - ~ " 5c'l ~ ~. iI. j~9 c&! 25 HUf]h = l:3.: B" C iii .8 a:~.~c~t,g g1!ww~'!l1l11 ~HI]"'i'~~ Earn ~ "';::. O".,s _ 13 u.. B ..s"~ 2e::u..l')~ e m ~hU~~ ~ ~ ii~Oi8J"'." 1l IUE,,~'iljj~ it J!" -~ ~&!&! '" ;;;~:nllijl:." N U) ON.3u::r:!~(!) 13 Iii ~ 'ti'U'lii1;j~'til'lii 'Iii Ul0000060...0 0:::-ggogg,080:'5 <t:: ui...;~l.r.Jlf!.ui .0 ~ T'""T'""NIOT'""m...,. co a U) i1i DO -<: (') -,>o{m~5 ~"-;::;; = ~ 550 a " c o "" o 5 lU ~ ~ !':!, 51 !l:: !':! ~ U) Co > $ :1 I b ~ " in I o (]) t.l L- CI:l n.. > c. I ..~ I '~.. ~~~ .\ JH~! (/).E~'- 15 :-~ .ill ~- :c ellS ~H ""-K~ - m Q:)~ "1:"1 t.'a ~:n 2k, ..... . .... .Q ,__ "t:J ~~ lU~ O<J", /to ~'E \\1 .",:@ CDM a.;.~t\i 'II'f :t"S ~.m ~ .I!IE; tnu)~ r:~ .... ~ :2&1 .... u) :J to ~ [?: ~ " ~~e~ . ? J 1! . ~ . " OC~!~ " t- . :2: .~~~ ~ ~ ~ - ~ o . , (f) !J<<~ .. Ii " _E.:;;' (j) . oc~~~ z 0 I ~ n..~(J;::: ill I CI:l ~ ~ II ~\ n.. . ITEM #3 . . . . . CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: DATE: Planning Commissioners Debbie Ubnoske, Director of Planning June 15, 2005 SUBJECT: 2005 Development Code Clean-Up (PA05-0041) Since the release of the Notice of Public Hearing, staff has identified several additional changes that need to be incorporated into the proposed 2005 Development Code Clean-Up (pA05- 0041). Staff would prefer to bring forward a single proposal for this item rather than bring forward multiple amendments. As a result, staff is requesting that the Planning Commission continue this item off-calendar. R:\Development Code\05-0041 Amendment\MEMO to PC.doc . . ITEM #4 . . CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: Planning Commission FROM: Harmony Bales, Planning Technician DATE: June 15. 2005 SUBJECT: Planning Application No. PA05-0032 a Consideration of Finding of Public Convenience or Necessity to conduct wine tasting and wine sales, located at 28522 Old Town Front Street, Palomar Hotel GENERAL PLAN: Site: Community Commercial (CC) North: CC South: CC East: CC West: CC . ZONING: . Site: Specific Plan -1 (Old Town Specific Plan), Tourist Retail Core (TRC) North: SP-1(OTSP) (TRC) South: SP-1(OTSP) (TRC) East: SP-1(OTSP) (TRC) West: SP-1 (OTSP) (TRC) LAND USE: Site: Palomar Hotel North: Vacant South: Antiques/Mad Madeline's Grill East: Country Cottage West: The Barn BACKGROUND "Temecula House of Wine" is requesting the Planning Commission make a Finding of Public Convenience or Necessity to authorize a wine tasting facility with retail sales of wines at the Palomar Hotel at 28522 Old Town Front Street. The land use matrix (Table 1) in the Old Town Specific Plan allows wine tasting facilities as a permitted use. . The proposed project requires a Type 20 license for off-sale beer and wine and a Type 42 license for on-sale beer and wine - public premises from the Department of Alcohol and Beverage Control (ABC). Staff has discussed the proposed project with the ABC staff and has determined that the Census Tract is over-concentrated. Currently a total of 50 Type 20 licenses (most of which are on- site, restaurant uses) are permitted in Census Tract 432.15 and 2 are allowed before it is considered G:\Planning\2005\PA05-0032 Temecula House of Wine, PC & N\Planning\PC Staff Reporu..loc 1 over-concentrated by ABC. A total of 10 Type 42 licenses exist in said Tract and 3 are allowed . before the Census Tract is considered over-concentrated by ABC. When a Census Tract is over concentrated, state law requires a local finding of public convenience or necessity before an alcoholic beverage sales license will be issued by the Alcoholic Beverage Control Board. ANALYSIS The Planning Commission has developed several criteria to determine whether or not a finding of Public Convenience or Necessity can be made. A new criteria was adopted by the City Council on May 24, 2005. The following criteria is consistent with those findings: Criteria to Justify Making a Finding of Public Convenience or Necessity 1. Is the proposed use consistent with the General plan and the Development Code? Yes. The proposed use is consistent with the General Plan land use designation for the site (Community Commercial) and Zoning (Old Town Specific Plan), as well as, the standards within the Development Code. The project site exceeds the minimum 500 foot separation requirement from religious institutions, schools, or public parks. 2. Is the proposed use compatible with the nature, condition, and character of adjacent land uses? Yes. The proposed project is compatible with the nature, condition and development of adjacent uses, buildings, and structures because the proposed project will provide additional . convenience for the community and allow the business to be competitive with other businesses selling wines and having wine tasting facilities. 3. Will the proposed use have an adverse effect on adjacent land uses? No. The proposed use is not expected to have an adverse effect on adjacent land uses. The site is consistent with the City policies regarding separation of any sensitive uses. In addition, the City Police Department has reviewed the proposed project and has issued conditions of approval. The closest land use which could be considered sensitive is a private school (Kids World) located on 3'd street, which is approximately 1160 feet from the proposed project. There is also a church (God's Country) located inside the Stampede, which is a country western bar and entertainment facility located at the northwest corner of Santiago Road and Front Street. . 4. Would the proposed use result in an excessive number of similar establishments in close proximity? No. There is currently a Beer and Wine Garden and Stellers Cellars Wine Tasting Room in the Old Town District. In regards to over concentration, there are a total of 50 Type 20 licenses within Census Tract432.15 (most of which are on-site, restaurant uses) and only 2 are allowed before the Census Tract is considered over-concentrated by ABC. A total of 10 Type 42 licenses exist in said Tract and 3 are allowed before the Census Tract is considered over-concentrated by ABC. Type 42 licenses are generally given to facilities where wine tasting will occur. . G:\Planning\2005\PAOS-0032 Temecula House of Wine, PC & N\Planning\PC Staff Report.doc 2 . . . 'RECOMMENDATION 'Staff recommends that the Planning Commission consider the information presented above and approve findings for Public Convenience or Necessity. Attachments 1. Vicinity Map - Slue Page 4 2. Zoning/General Plan Map - Blue Page 5 3. Radius Map - Slue Page 6 4. Draft Conditions of Approval- Blue Page 7 5. ABC License Types and Summary and Census Tract Map - Blue Page 8 G:\Planning\2005\PA05-0032 Temecula HOllse of Wine, PC & N\Planning\PC Staff Report.doc 3 . . . ATTACHMENT NO.1 VICINITY MAP G:\Planning\2005\PA05-0032 Temecula House of Wine, PC & N\Planning\PC Staff Report.doc 4 . . . . . ATTACHMENT NO.2 ZONING/GENERAL PLAN MAP G:\Planning\2005\PA05-0032 Temecula HOllse of Wine, PC & N\Planning\PC Staff Report.doc 5 . . ({J .. . . . ATTACHMENT NO.3 RADIUS MAP G:\Planning\200S\PA05-0032 Tcmecula House of Wine, PC & N\Planning\PC Staff Report.doc 6 . O~","\~ ~o .,\~ ","0 CO"'" I'I'","C ',";.:0 "_,':':.,;"""n 7{~t.i. , -.,,)'/';.!'!!Ii;.". .;', ,_.':.,,::.,,;<::(.',:;:-:,;: ' . . . ATTACHMENT NO.4 DRAFT CONDITIONS OF APPROVAL G:\Planning\2005\PA05-0032 Temecula House of Wine. PC & N\PJanning\PC Staff Report.doc 7 . EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA05-0032 Project Description: Findings of Public Convenience and Necessity to allow for wine tasting and retail sales of wine in a 2108 square foot outdoor tasting area and 459 square foot retail sales area at an existing commercial building in Old Town, located at 28522 Front Street (APN: 922-024- 009) Assessor's Parcel No.: 922-024-009 MSHCP CATEGORY: N/A DIF CATEGORY: N/A TUMF CATEGORY: N/A Approval Date: June 15, 2005 . Expiration Date: June 15, 2007 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 211 08(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). General Requirements 2. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. 3. The applicant shall comply with the statement of operations for PA05-0093 on file with the Planning Division, unless superceded by these Conditions of Approval. . G:\Planning\2005\PA05-0032 Temecula House of Wine, PC & N\Planning\Draft COAdoc I This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 5. The applicant and owner of the real property subject to this condition shall hereby agree . to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 4. 6. Within two years of approval of this permit, commencement of the use shall have occurred or the approval shall be subject to expiration. 7. If commencement of the use has not occurred within two years of approval of this permit, the permittee may, prior to the expiration of the conditional use permit, apply for up to three one-year extensions of time. Each extension of time shall be granted in one-year increments only. 8. The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this conditional use permit (including the conditions of approval) based on changed circumstances. Changed circumstances include, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any conditional use permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is in addition to, and not lieu of, the right of the City, its Director of Planning, Planning Commission, and City Council to review and 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. Prior to the commencement of any alcohol sales, the applicant shall submit yerification the Department of Alcohol Beverage Control has issued the necessary Type 20 license (off-sale beer & wine) and Type 42 (on-sale beer & wine - public premises). 10. Prior to commencement of any alcohol sales or tasting, the applicant shall submit and have approved an Administrative Development Plan for all exterior improvements. 11. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. G:\Planning\2005\PA05-0032 Temecula House of Wine, PC & N\Planning\Draft COA.doc 2 . . . . . . POLICE DEPARTMENT 12. Applicant has applied for a Type 20 (Off Sale Beer & Wine) (Package Store) through the Riverside District Office of Alcoholic Beverage Control. Authorizes the sale of beer and wine for consumption off the premises where sold. 13. Applicant has also applied for a Type 42 (On Sale Beer & Wine) (Public Premises) - (Bar, Tavern) through the Riverside District Office of Alcoholic Beverage Control. Authorizes the sales of beer and wine for consumption on or off the premises where sold. No distilled spirits may be on the premises. Minors are not allowed to enter and remain (see section 25663.5 of the Business and Profession Code for exception, musicians). Food service is not required. 14. Applicant will also comply with City Ordinance 97-07, (9.14.010 Temecula Municipal Code series). 15. Identification will be verified utilizing one of the following: a. A valid California Driver's License. b. A valid California Identification Card. c. A valid Military Identification Card. (Active/Reserve/Retired/Dependent). d. A valid Driver's License from any of the Fifty States or Territories of the United States. e. A valid U.S. Passport. A valid government issued identification card issued by a federal, state, county or City agency. f. 16. 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 the below requirements. (25660 Business and Profession Code). a. Name of person. b. Date of birth. c. Physical description. d. Photograph. e. Currently valid (not expired). 17. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. The Temecula Police Department provides free training for all employers and employees involved in the service and sales of alcoholic beverages. It is the responsibility of the applicant to set up a training session for all new employees working at Temecula House of Wine. Contact the Crime Prevention and Plans Officer at (951) 695-2773 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. G:\Planning\2005\PA05-0032 Temecula House of Wine, PC & N\Plallning\Draft COA.doc 3 18. Miscellaneous: a. Applicant will ensure no alcohol is carried from the wine bar through the existing porch into the proposed wine garden. This requirement will be in force until the porch becomes totally enclosed. By placing my signature below, I confirm that I have read, I understand and I accept all the above-mentioned Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Printed Name Date Applicant's Signature G:\Planning\2005\PA05-0032 Temecula House of Wine, PC & N\Planning\Draft COAdoc 4 . . . . . . ATTACHMENT NO.5 ABC LICENSE TYPES AND SUMMARY AND CENSUS TRACT MAP G:\Planning\2005\PA05-0032 Temecula House of Wine, PC & N\Planning\PC Staff Report.doc 8 DepartI1IeIIt of Ak:ohoIk: Beverage Control COMMON ABC LICENSE TYPES AND THEIR BASIC PRIVILEGES Stale of CaINorn/a GRAV DAVIS. Governor eu_... Tl8l18llOrtatlon and Housing Agency MARIA CONTRlORAS-SWEET. Secrv18ry 02 20 21 23 40 41 42 47 48 49 . . ABc-BlB (1102) DESCRIPTION BEER MANUFACTURER. (Large Brewery) Authorizes the sale of beer 10 any person holding a license authorizing the sale of beer, and to consumers for consumption on or off the manufacturer's licensed premises. Without any additional licenses, may sell beer and wine, regardless of source, 10 consumers for consumption at a bona fide public eating place on the manufacturer's licensed premises or at a bona fide eating place contiguous to the manufacturer's licensed premises. May conduct beer tastings under specified conditions Section 23357.3 . Minors are allowed on the remises. WINEGROWER. (Winery) Authorizes the sale of wine and brandy to any person holding a license authorizing the sale of wine and brandy, and to consumers for consumption off the premises where sold. Authorizes the sale of all wines and brandies, regardless of source, to consumers for consumption on the. premises in a bona fide eating place that is located on the licensed premises or on premises owned by the licensee that are contiguous to the licensed premises and operated by and for the licensee. May possess wine and brandy for use in the preparation of food and beverage to be consumed at the bona fide eating place. May conduct winetastings under prescribed conditions (Section 23356.1; Rule'53). Minors are allowed on the rnises. OFF SALE BEER & WINE . (package Store) Authorizes the sale of beer and wine for consumption off the remises where sold. Minors are allowed on the ises. OFF SALE GENERAL. (package Store) Authorizes the sale of beer, wine and distilled spirits for consum tion off the . ses where sold. Minors are allowed on the ises. SMALL BEER MANUFACTURER. (Brew Pub or Micro-brewery) Authorizes the same privileges and restrictions as a Type 01. A brewpub is typically a very small brewery with a restaurant. A micro- brewery is a small-scale brewery operation that typically is dedicated solely to the production of specialty beers althou h some do have a restaurant or ub on their manufacturin lant ON SALE BEER. (Bar, Tavern) Authorizes the sale of beer for consumption on or off the premises where sold. No wine or distilled spirits may be on the premises. Full meals are not required; however, sandwiches or snacks must be available. Minors are allowed on the remises. ON SALE BEER & WINE - EATING PLACE. (Restaurant) Authorizes the sale of beer and wine for consumption on or off the premises where sold. Distilled spirits may not be on the premises (except brandy, rom, or liqueurs for use solely for cooking pwposes). Must operate and maintain the licensed premises as a ~na fide eating place. Must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. Nonnal mealtimes are 6:00 a.m. - 9:00 a.m., 11:00 a.m. - 2:00 p.m., and 6:00 p.m. - 9:00 p.m. Premises that are not open five days a week must serve meals on the da s the are 0 n. Minors are allowed on the remises. ON SALE BEER & WINE - PUBLIC PREMISES. (Bar, Tavern) Authorizes the sale of beer and wine for consumption on or off the premises where sold. No distilled spirits may be on the premises. Minors are not allowed to enter and remain (see Section 25663.5 for exception, musicians). Food service is uired. ON SALE GENERAL - EATING PLACE. (Restaurant) Authorizes the sale of beer, wine and distilled spirits for consumption on ihe licensed premises. Authorizes the sale of beer and wine for consumption off the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. Normal mealtimes are 6:00 a.m. - 9:00 a.m., 11:00 a.m. - 2:00 p.m., and 6:00 p.m. - 9:00 p.m. Premises that are not open five days a week must serve meals on the days they are o n. Minors are allowed on the remises. ON SALE GENERAL - PUBLIC PREMISES. (Bar, Night Club) Authorizes the sale of beer, wine and distilled spirits for consumption on the premises where sold. Authorizes the sale of beer and wine for consumption off the premises where sold. Minors are not allowed to enter and remain (see Section 25663.5 for exce tion musicians. Food service is not uired. . . .ON SALE GENERAL - SEASONAL. Authorizes the same privileges and restrictions as provided for a Type 47 license exc.ept it is issued for a specific season. Inclusive dates of operation are listed on the license certificate. . ~~ED"<:t~O (L. d.. .P; T(. iii 'b/tou,.o LICENSE TYPE 51 52 57 59 60 61 67 70 75 80 ABC-616 (1/02) DESCRIPTION CLUB. Authorizes the sale of beer, wine and distilled spirits, to members and guests only, for consumption on the premises where sold. No off-sale privileges. Food service is not required. Minors are allowed on the mises. . VETERAN'S CLUB . Authorizes the sale of beer, wine and distilled spirits, to members and guests only, for consumption on the premises where sold. No off-sale privileges. Food service is not required. . Minors are allowed on the mises. SPECIAL ON SALE GENERAL. Generally issued to certain organizations who cannol qualify for club licenses. Authorizes the sale of beer, wine and distilled spirits, to members and guests only, for consumption on the premises where sold. No off-sale privileges. Food service is not required. Minors are allowed on the emises. . . ON SALE BEER AND WINE - SEASONAL. Authorizes the same privileges as a Type 41. Issued for a s 'fic season. Inclusive dales of 0 'on are listed on the license certificate. ON SALE BEER - SEASONAL. Authorizes the sale of beer only for consumption on or off the premises where sold. Issued for a specific season. Inclusive dales of operation are listed on the license certificate. Wine or distilled s irits ma not be on the mises. Minors are allowed on the remises. ON SALE BEER - PUBUC PREMISES - (Bar, Tavern) Authorizes the saleol beer only lor consumption on or off the licensed premises. Wine or distilled spirits may not be on the premises. Minors are not allowed to enter and remain wamin si uired. Food service is not uired. BED AND BREAKFAST INN . Authorizes the sale of wine purchased from a licensed winegrower or wine wholesaler only to registered guests of the establishment for .consumption on the premises. No beer or distilled spirits may be on the premises. Wine shall not be given away to guests, but the price of the wine shall be included in the price of the overnight transient occupancy accommodation, Removal of wine from the unds is not 'tted. Minors are allowed on the mises. . ON SALE GENERAL - RESTRICTIVE SERVICE - Authorizes the sale or furnishing of beer, wine and distilled spirits for consumption on the premises to the establishment's overnight transient occupancy guests or their invitees. This license is normally issued to "suite-type" hotels and motels, which exercise the license privileges for guests' "complimentary" happy hour. Minors are allowed on the remises. ON SALE GENERAL,. BREWPUB - (Restaurant) Authorizes the sale of beer, wine and distilled spirits for consumption on a bona fide eating place plus a limited amount of brewing of beer. Also authorizes the sale of beer and wine only for consumption off the premises where sold. Minors are allowed on the remises.-' . BED AND BREAKFAST INN - GENERAL - Authorizes the sale of beer, wine and distilled spirits purchased from a licensed wholesaler or winegrower only to registered guests of the establishment for consumption on the premises. 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Date of Meeting: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION June 15, 2005 Prepared by: Harmony Bales Title: Planning Technician File Number PA05-0093 Application Type: MCUP and Public Convenience or Necessity Findings Project Description: Recommendation: (Check One) CEQA: (Check One) A Minor Conditional Use Permit and Public Convenience or Necessity Findings to allow for the sale of beer, wine, and distilled spirits (Type 21 license, off-sale general) and (Type 42 license, on-sale beer & wine ...: public premises) to be located in a 10,000 square foot commercial building to be built at 39672 Winchester Road in the Rancho Temecula Town Center (APN 920-100-009). [8J Approve with Conditions o Deny o Continue for Redesign o Continue to: o Recommend Approval with Conditions o Recommend Denial [8J Categorically Exempt (Class) 15301 o Notice of Determination o Negative Declaration o Mitigated Negative Declaration with Monitoring Plan DEIR G:\Planning\2005\PA05~0093 Beverages & More-MCUP and PC&N\Planning\Staff Rcport.doc 1 PROJECT DATA SUMMARY . Applicant: Steve McLaren, Beverages & More! Completion Date: March 31,2005 Mandatory Action Deadline Date: June 15, 2005 General Plan Designation: Neighborhood Commercial (NC) Zoning Designation: Specific Plan 1 (SP-1) Site/Surrounding Land Use: Site: Neighborhood Commercial/Retail North: South: East West: Low Medium Residential/Santa Gertrudis Creek AM/PM Gas Station /Retail/Residential Parking/Self Storage Facility/ Residenlial Senior Housing/School Lot Area: 1.13 acres Total Floor Area/Ratio N/A . Landscape Area/Coverage N/A Parking Required/Provided N/A BACKGROUND SUMMARY [8] 1. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. The proposed project is a request to sell beer, wine, and distilled spirits (Type 21 license, off- sale general) and (Type 42 license, on-sale beer & wine - public premises) to be used for beer and wine tasting within a 10,000 square foot commercial building to be built in the Rancho Temecula Town Center. This center was approved by the City Council on Noyember 23, 2004. Section 17.10 of the Development Code requires that all uses (except for the incidental sale of beer and wine at a restaurant) must obtain a Conditional Use Permit from the Planning Commission. The California Department of Alcohol Beverage Control considers the Census Tract in which the project site is located to be "over-concentrated" in Type 21 off-sale general licenses, but not Type 42 on-sale beer & wine - public premises licenses. Public Convenience or Necessity findings will be required because of the over-concentration of Type 21 licenses in this Census Tract. ANAL YSIS Beverages & More! is a specialty retailer that sells beer, wine, spirits, gourmet food and related . items, such as glassware and wine accessories, which are not easily found elsewhere. The G:\Planning\2005\PA05-0093 Beverages & Morc-MCUP and PC&N\Planning\StaffReport.doc 2 . . . company's policy prohibits the selling of cigarettes and products such as 40 oz. bottles of malt liquor, low priced, screw-top fortified wines, and pints or half-pints of spirits. They currently operate 45 stores in California. They will be located within a 10,000 square foot building in the Rancho Temecula Town Center. Staff has verified through the Department of Alcohol Beverage Control that the project site is within Census Tract 0432.03. Currently a total of 12 Type 21 licenses exist in said Tract and 8 are allowed before the Census Tract is considered over-concentrated by ABC. A total of 5 Type 42 licenses exist in said Tract and 11 are allowed before the Census Tract is considered over- concentrated by ABC. Since this Census Tract is over-concentrated with type 21 licenses, Public Convenience or Necessity Findings are required. The proposed project is a request to sell beer, wine, and distilled spirits and conduct wine and beer tasting in a retail setting. This specific use requires a type 21 license for off-sale general and type 42 license for on-sale beer and wine - public premises from Alcohol Beverage Control, and the Development Code (Section 17.10) requires all uses not serving beer and wine at a restaurant to obtain a conditional use permit. The Development Code also states that any business selling beer or wine shall be no closer than 500 feet from any public park, religious institution or school. The GIS department has provided the necessary maps and staff has verified that the proposed use is not closer than 500 feet from any religious institution, school, or public park. The nearest such use is Chaparral High School which is located southwest of the project across Winchester Road, and that is over 1000 feet way from the site. The Police Department has reviewed the proposed project and has provided conditions of approval. The proposed project is consistent with Section 17.10 of the Development Code. Staff feels that the findings for a Minor Conditional Use Permit can be made. ENVIRONMENTAL DETERMINATION C8J 1. In accordance with the California Environmental Quality Act, the proposed Project has been deemed to be categorically exempt from further environmental revie\/\(. (Class 15301, existing facilities, no expansion of facilities) CONCLUSION/RECOMMENDATION Staff has reviewed the proposed project and has determined that the project is consistent with the General Plan and Development Code. Staff recommends the Planning Commission make the findings for a Minor Conditional Use Permit and Public Convenience or Necessity findings. In addition, staff recommends the Planning Commission determine that the project is exempt from CEQA Guidelines, pursuant to Section 15301, Existing Facilities. FINDINGS Conditional Use Permit (Code Section 17.040.010E) 1. The proposed conditional use is consistent with the General Plan and the Development Code. G:\Planning\2005\PAOS-0093 Beverages & More-MCUP and PC&N\Planning\StaffReport.doc 3 The proposed use is consistent with the General Plan (Neighborhood Commercial) and . Zoning (Specific Plan-1), as well as, the standards within the Development Code. The project exceeds the minimum separation requirement of 500 feet from a religious institution, school, or public park. 2. The proposed minor conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed minor conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed project is compatible with the nature, condition and development of adjacent uses, bUildings, and structures because the proposed project will provide additional convenience for the community and allow the business to be competitive with other businesses selling beer, wine, and distilled spirits in the vicinity of the project. 3. The nature of the proposed minor conditional use is not detrimental to the health, safety and general welfare of the community. The nature of the proposed use is not detrimental to the health, safety and general welfare to the community because the project will provide an additional convenience and service to the community. The site is consistent with the City policies regarding separation of sensitive uses. In addition, the City Police Department has reviewed the proposed project and has issued conditions of approval. Criteria to iustify makinq a findinq of Public Convenience or Necessity: 1. Is the proposed use consistent with the General Plan and the Development Code? . Yes. The proposed use is consistent with the General Plan (Neighborhood Commercial) and Zoning (Specific Plan-l), as well as, the standards within the Development Code. The project exceeds the separation requirement of 500 feet from a religious institution, school, or public park. 2. Is the proposed use compatible with the nature, condition, and character of adjacent land uses? Yes. The proposed project is compatible with the nature, condition and development of adjacent uses because the Development Code requires this type of use to be placed away from residences, schools, parks, and religious institutions. 3. Will the proposed use have an adverse effect on adjacent land uses? No. The site is consistent with the City policies regarding separation of any sensitive uses. In addition, the City Police Department has reviewed the proposed project and has issued conditions of approval. The closest land use which could be considered sensitive is Chaparral High School located southeast on Winchester Road, over 1000 feet from the proposed project 4. Would the proposed use result in an excessive number of similar establishments in close proximity? . G:\Planning\2005\PA05-0093 Beverages & More-MCUP and PC&N\Planning\Staff Rcport.doc 4 . . . No. Per information obtained from Alcohol Beverage Control, there are currently a total of 12 Type 21 licenses issued in Census Tract 0432.03 and a total of 8 are allowed before being considered over-concentrated. However, there have only been 5 Type 42 licenses issued and 11 are allowed before ABC considers the Census Tract over- concentrated. Based on the information provided, staff feels that that we are able to make a finding based on convenience. ATTACHMENTS 1. Vicinity Map - Blue Page 6 2. Plan Reductions - Blue Page 7 3. PC Resolution No.2005-_ - Blue Page 8 Exhibit A - Draft Conditions of Approval 4. Radius Map for Sensitive Uses - Blue Page 9 5. Common ABC License Types - Blue Page 10 G:\Planning\2005\PA05-0093 Beverages & More-MeUP and PC&N\Planning\StaffReport.doc 5 . . . ATTACHMENT NO.1 VICINITY MAP G:\Planning\2005\PAOS-0093 Beverages & More-MCUP and PC&N\Planning\StaffReport.doc 6 . . . . 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I . ~ ~ . ; ! ~ ........ ~ ::l:!~ g ~ _...- ill '" Z ::l o 0 ~ ~ ;!2 :iI g II CI) U)" :; ~ ~ ~ f ~ ~ I ~ ~ II D...I ~/: (?i ~3 gq zl wi'" Z Z U)'j 2 j ~ l!: ii) ~ 0~ ;ij Z" '" sze "" 2~ ~ ~! ~ ~! Q.:t Z <ill 0" --~ .. 8ij 0::3 (.I).. f( ~..: 2~ ~ 1.::5::: zl 0::5 C) ':i.!i w'i C)- z ~~ ~B ~ ~. ~~ ~ s s ~ HHHH ii ill - -. ll~ ~ ~ '"Ii ~ ; '" i J " it "8 ~ ! tI~:: ~ 1'1';;' ., Iii" '. ~ ___a= I- !!i. ' . "> ~~~!5e~ 9 ~ (3lN:>mm"WJ3l:l'NoU.vlSSW)hlS .-- :flHlNOZ.ua::M'a'I----l ~ H~HH i I i illlj, i ~ " "' ~ I !~ -~ " ilg " t;~ " ~!'! ~;t I j" I I I! 1\ 4:1 ;:' ~ kl 1-0; ,""I !(I) I f" !w' \,!:I: \ \,~U . 11~ i h: ~. I :Z;~I "'~I I 01 ' 41 . I t::>~~.. : I I :~", 1 i ~':!!i I i <IEti~..!! "'! I "'~~5! i i '"-l! ~~<> ~ i ~ ! ~...,,>:'<!; 'W-'.J ~;~t'i~~ i~llilli Cli.,J..~ ,U)~U) I.r)!<'il.';;t~ I ~ 0.. cri "" 1a::6w....._ ;~~~~ . :..c. .1 ., .! ~SlOfll:llll3D1f!NVS , k; f~~" !. Iii ,,~ ~,i ~Ii r;:.. "--' L ." ~8 ~. ~~ .. "'!! I~ 1 ~ O)~ C? I , i 0) .0-,0> t 0) .0-.0> t . , , I lNVN3.1 1N30Vf'0V I I @-- ---- 0 e- ei g ~z OW ::l! ~ -' ;; g ~"'~ o 0 o ,"" ~ , ;; " zw -" 2 E wO ~ m I ~- I o g ,., , ;; ! ~ ::l! ~ 0 G- Et_ o . ~ ~ ~ ~ [r ~ " < , w m _ _J ~---- / ~ I' , ! ',,/ , , , ;; I, ~::: 8- ~W I")~~ -"0 o~ ~~ m """ NI"""'" """''' ll'll "'""'" , I , tt'_"i~-11~-- , 0 - ~ ~ ~I~~ ~ " d IS '" IS " """ """ I N~~ 'i"' I "" I'I>KIM ll'll , I i- -f!t;:;fB- >-r.---~' _ ~ _ e - _ g _____I:l~L\ / o ~ ,_ ._ l&. mi/' ~\ ~----' ~ ~ I ~i~ ~ I I I ~ I *IS --, , --,..ll -T---,. " , n ,,~ 'I ,...-.,/ I --+--- /"~""[ -..\---'" __",.J , __J --8} .0 0- .~ . ~~ ~ M > ~ ffi~ 1'. 1:1 O:;! w z ~ ~ SH3 dlH "'" l.NVN3.1 lN3.:lVf'QV II . II . . . . ATTACHMENT NO.3 PC RESOLUTION NO. 2005-_ p G:\Planning\2005\PA05-0093 Deverages & Morc-MCUP and PC&N\Planning\Staff ReporLc.loc 8 . . . PC RESOLUTION NO. 2005-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION PA NO. 05-0093, A REQUEST FOR A MINOR CONDITIONAL USE PERMIT AND PUBLIC CONVENIENCE OR NECESSITY FINDINGS TO ALLOW FOR THE SALE OF BEER, WINE, AND DISTILLED SPIRITS (TYPE 21 LICENSE, OFF-SALE GENERAL) AND (TYPE 42 LICENSE, ON-SALE BEER & WINE - PUBLIC PREMISES) FROM AN APPROVED 10,000 SQUARE FOOT COMMERCIAL BUILDING TO BE LOCATED AT 39672 WINCHESTER ROAD, AND KNOWN AS ASSESSORS PARCEL NO. 920-100-009. WHEREAS, Steve McLaren, representing Beverages & More! filed Planning Application No. PA05-0093, in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA05-0093 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered Planning Application No. PA05-0093 on June 15, 2005, 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; WHEREAS, at the conclusion of the Planning Commission's Hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA05-0093 subject to the conditions of approval after finding that the project proposed in Planning Application No. PA05-0093 conformed to the City of Temecula General Plan and Development Code; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinqs. The Planning Commission, in approving Planning Application No. PA05-0059 (Minor Conditional Use Permit) hereby makes the following findings as required by Section 17.04.010.E of the Temecula Municipal Code: Conditional Use Permit (Code Section 17.040.010E) A. The proposed conditional use is consistent with the General Plan and the Development Code. The proposed use is consistent with the General Plan (Neighborhood Commercial) and Zoning (Specific Plan-1), as well as, the standards within the Development Code. The project exceeds the minimum separation requirement of 500 feet from a religious institution, school, or public park. G:\Planning\2005\PA05-0093 Beverages & More-MCUP and PC&N\Planning\Draft PC Reso and COA's.doc ] B. The proposed minor conditional use is compatible with the nature, condition and . development of adjacent uses, buildings and structures and the proposed minor conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed project is compatible with the nature, condition and development of adjacent uses, buildings, and structures because the proposed project will provide additional convenience for the community and allow the business to be competitive with other businesses selling beer, wine, and distilled spirits in the vicinity of the project. C. The nature of the proposed minor conditional use is not detrimental to the health, safety and general welfare of the community. The nature of the proposed use is not detrimental to the health, safety and general welfare to the community because the project will provide an additional convenience and service to the community. The site is consistent with the City policies regarding separation of sensitive uses. In addition, the City Police Department has reviewed the proposed project and has iss'ued conditions of approval. Criteria to iustify makinq a findinq of Public Convenience or Necessity: A. Code? Is the proposed use consistent with the General Plan and the Development Yes. The proposed use is consistent with the General Plan (Neighborhood Commercial) and Zoning (Specific Plan-1), as well as, the standards within the Development Code. . The project exceeds the separation requirement of 500 feet from a religious institution, . school, or public park. B. Is the proposed use compatible with the nature, condition, and character of, adjacent land uses? Yes. The proposed project is compatible with the nature, condition and development of adjacent uses because the Development Code requires this type of use to be placed away from residences, schools, parks, and religious institutions. C. Will the proposed use have an adverse effect on adjacent land uses? No. The site is consistent with the City policies regarding separation of any sensitive uses. In addition, the City Police Department has reviewed the proposed project and has issued conditions of approval. The closest land use which could be considered sensitive is Chaparral High School located southeast on Winchester Road, over 1000 feet from the proposed project D. Would the proposed use result in an excessive number of similar establishments in close proximity? No. Per information obtained from Alcohol Beverage Control, there are currentfy a total of 12 Type 21 licenses issued in Census Tract 0432.03 and a total of 8 are allowed before being considered over-concentrated. However, there have only been 5 Type 42 licenses issued and 11 are allowed before ABC considers the Census Tract over- . G:\Planning\2005\PA05-0093 Beverages & More-MCUP and PC&N\Planning\Draft PC Reso and COA's.doc 2 . . . concentrated. Based on the information provided, staff feels that that we are able to make a finding based on convenience. Section 3. Environmental Compliance. A Notice of Exemption for Planning Application No. PA05-0093 was made per the California Environmental Quality Act Guidelines Section 15301 (Existing Facilities, Class 1). The proposed project will not add square footage to an existing commercial building, located at 39672 Winchester Road (APN: 920-100-009). Section 4. Conditions. That the City of Temecula Planning Commission hereby conditionally approves the Application, a request for a Minor Conditional Use Permit to allow the sale of beer, wine, and distilled spirits (type 21 license, off-sale general) and (type 42 license, on-sale beef & wine - public premises) to be located in a 10,000 square foot commercial building, attached hereto on Exhibit A, and incorporated herein by this reference together with any and all necessary conditions that may be deemed necessary. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission on this 15th day of June 2005. David Mathewson, Chairman ATTEST: Debbie Ubnoske, Secretary SEAL} STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2005-_ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 18th day of May 2005, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary G:\Planning\2005\PA05-0093 Beverages & More-MCUP and PC&N\PJanning\Draft PC Reso and COA's.doc 3 . . . EXHIBIT A DRAFT CONDITIONS OF APPROVAL G:\Planning\2005\PA05-0093 Beverages & More-MeUP and PC&N\Planning\Draft PC Reso and COA's.doc 4 . EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA05-0093 Project Description: A Minor Conditional ['- Use Permit and Public Convenience or Necessity Findings to allow for the sale of beer, wine, and distilled spirits (Type 21 license, off-sale general) and (Type 42 license, on-sale beer & wine - public premises) from an approved 10,000 square foot commercial building to be located at 39672 Winchester Road. (APN: 920-100-009) Assessor's Parcel No.: 920-1 00-009 MSHCP CATEGORY: N/A DIF CATEGORY: N/A TUMF CATEGORY: N/A . Approval Date: June 15, 2005 Expiration Date: June 15, 2007 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicant/developer shall deliver to the Planning Department a caShier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee" to enable the City to fiie the Notice of Exemption as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). General Requirements 2. The applicant shall sign both copies of the final conditions of approyal that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. . 3. The applicant shall comply with the statement of operations for PA05-0093 on file with the Planning Division, unless superceded by these Conditions of Approval. G:\Planning\2005\PA05-0093 Beverages & More-MCUP and PC&N\Plannillg\Drafl PC Reso and COA's.doc 5 4. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 5. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest . of the City and its citizens in regards to such defense. 6. Within two years of approval of this permit, commencement of the use shall have occurred or the approval shall be subject to expiration. 7. If commencement of the use has not occurred within two years of approval of this permit, the permittee may, prior to the expiration of the conditional use permit, apply for up to three one-year ex1ensions of time. Each extension of time shall be granted in one-year increments only. B. The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this conditional use permit (including the conditions of approval) based on changed circumstances. Changed circumstances include, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any conditional use permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is in addition to, and not lieu of, the right of the City, its Director of Planning, Planning Commission, and City Council to review and 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. Prior to the commencement of any alcohol sales, the applicant shall submit verification the Department of Alcohol Beverage Control has issued the necessary Type 21 license (off-sale general) and Type 42 (on-sale beer & wine - public premises). 10. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. POLICE DEPARTMENT 11. Applicant has applied for a Type 21 (Off Sale General) (Package Store) through the Riverside District Office of Alcoholic Beverage Control. Authorizes the sale of beer, wine and distilled spirits for consumption off the premises where sold. Minors are allowed on the premises. G:\Planning\2005\PA05-0093 Beverages & More-MeUP and PC&N\Planning\Draft PC ReSQ and COA's.doc 6 . . . . . . 12. Applicant has also applied for a Type 42 (On Sale Beer & Wine - Public Premises) - Bar, Tavern) Authorizes the sale of beer and wine for consumption on or off the premises where sold. Food service is not required. 13. Applicant will comply with City Ordinance 97-07, (9.14.010 Temecula Municipal Code series). 14. Identification will be verified utilizing one of the following: a. A valid California Driver's License. b. A valid California Identification Card. c. A valid Military Identification Card. (Active/Reserve/RetiredJDependent). d. A valid Driver's License from any of the Fifty States or Territories of the United States. e. A valid U.S. Passport. f. A valid government issued identification card issued by a federal, state, county or City agency. 15. 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 the below requirements. (25660 Business and Profession Code). a. Name of person. b. Date of birth. c. Physical description. d. Photograph. e. Currently valid (not expired). 16. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. The Temecula Police Department provides free training for all employers and employees involved in the service and sales of alcoholic beverages. It is the responsibility of the applicant to set up a training session for all new employees working at Beverages and More. Contact the Crime Prevention and Plans Officer at (951) 695-2773 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. 17. Pay 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. \, G:\Planning\2005\PA05-0093 Beverages & More-MCUP and PC&N\Planning\Draft PC Reso and COA's.doc 7 18. Miscellaneous: a. After Hours Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00a.m. and 6:00a.m. of the same day. No person may knowingly purchase alcohol between 2:00a.m. and 6:00a.m. (Section 25631 B&P). Licensees may not permit patrons or employees to consume alcohol between 2:00a.m. and 6:00a.m. of the same day (Section 25632 B&P). b. Authority of Peace Officers/Refusing Inspection Police officers, sheriffs' 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) c. Operating Standards, Retail - The following requirements apply to stores (license Type 20 and 21). i. Post "No Loitering" signs upon written notice from the ABC; ii. Post "No Open Container" signs upon written notice from the ABC; iii. No alcohol consumption inside a store or outside a bar or tavern; . iv. Illuminate the exterior of the premises, including adjacent public sidewalks and parking lots under the licensee's control, during all hours of darkness when open for business; v. Remove litter daily from the premises, adjacent sidewalks and parking lots under licensee's control and sweep/clean these areas weekly; vi. Remove graffiti from premises and parking lot; vii. Have no more than 33% of windows covered with advertising or signs; viii. Have incoming calls blocked at pay phones upon request of local law enforcement or ABC; (see item 6 above) and ix. Have a copy of the operating standards available during normal business hours for viewing by the general public (Section 25612.5 (c) B&P) . By placing my signature below, I confirm that I have read, I understand and I accept all the above-mentioned Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Date Applicant's Signature . Applicant's Printed Name G:\Planning\2005\PAOS-0093 Beverages & More-MCUP amJ PC&N\Planning\Draft PC Reso and COA's.doc 8 o CUJNTY OF RIVERSIDE . HEAL.! SERVICES AGENCY 0 DEPARTMENT OF ENVIRONMENTAL HEALTH April 14, 2005 City of Temecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 Attention: Harmony Bales l.i"-':<"-~- \;\\\\ !l U I '1; ___ --~. - <~~;~';:-:-. 'l \,1,. \.?..I.i.II' . . . .~ \ ;1 \ \ \ ;1, , 'i:.' APR 20 2005 ,Ii.i 1,' '., \' il II ii. ..- I l;'.cd 1 \ . -- j t~}y":-~::::::===',:==--=-:,,---=---,,-'--'.'- RE: Development Plan No. PA05-0093 Dear Ms. Bales: Department of Environmental Health has reviewed the Development Plan No. PA05-0093 to minor conditional use permit to sell variety of spirits and gourmet food and has no objections. Although we have no recent information in regards water and sewer availability, water and sewer services should be available in this area. . I. If there are to be any food establishments, (including vending machines), three complete sets of plans for each food establishment will be submitted including a fixture schedule, a finish schedule and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law 2. For specific reference, contact Food Facility Plan Examiners at (909) 600-6330. Sincerely, Sam Martinez, Supervising Euviroumeutal Health Specialist (909) 955-8980 NOTE: Any current additional requirements not covered can be applicable at time of Building Plan review for final Department of Environmenial Health clearance. cc: Bonnie Dierking . Local Enforcement Agency. ro. Box 1280, Riverside, CA 92502-1280. (909) 955-8982 0 FAX (909) 781-9653 . 4080 Lemon Street. 9th Floor, Riverside, CA 92501 land Use and Water Engineering. P.O. Box 1206, Riverside, CA 92502-1206 . (909) 955-8980 . FAX (909) 955-8903 . 4080 Lemon Street. 2nd Floor, Riverside, CA 92501 . . . ATTACHMENT NO.4 RADIUS MAP G:\Planning\2005\PA05-0093 Bevemges & More-MCUP and PC&N\Planning\Staff Report.doc 9 \ r----------~l / \ / / , ' I \ / . / / / \1\' ~ / '/, '/ t------- ~ \. f ~ / / S1'! r------,-d--------- \, ~ /! ~ I--.. t-------.. '. 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Religious Facilities D Public Facilities D Parks Public Safety D Schools I , '-, --.,j ~'.:: ! '. " I- I ,.. i " ~ ,/ '. ", , " , / , / L';7/ ~---~--_.------------ !..-/ ! /- --~7 ) ,/ /r.// I / I I,' , I ! /, I /1 , .' /------------.------------!--/ ' " { I ! . I j I ! J! I I / ~I/ I I , I --------- , I / -"J y '--'- ,// "'. ",.-". /' "" '" / Y --,-~~ ./ ---------- . --/ , i ____l,. i _ / '0'-"', ". './ '" /-\ /-""-,,,,?" 0v. "'-"""" / \. / ,'^', ~ '" . / /', (:)0 /'\'- ! " ~ /-c -- -.../'". ", "'-..J" .s;.Q // '\, ',,/ ,i / R!" /~ " ,.- ./ '''-.. / ~ ,,/ "- ---, ' / /'-, '~/ 4' // /.., -<'>.- ',,-- / ./.., "- ,I' /^'... ",," .. "", Y' /---""-, ", ...~-.L-.." )' I "''''--.. / ."" ! '-- ",,/ "--.. / 8~~.",--. .' . _', / '" " , / I' """':;~~.', ------------..;, ....'-... / -..........,.,..;.. \ / ...........-.. '" ,/' /1 """".'. _ " - '"........... .,/ . '........ '-"'- --........... / I \. .......... '--"",,/ '- ,'" I ,,,~--. '--< '. .\.'~~/x~/::::~! ____/A ~~~ ~\ / /~ // \. ~ '1;- '--- " / \ \~----- ,'Z.., \ \- . - .-.f I .' \ / /"'- / '''-. . , )/ ''"'''' CRESTA DEL NORTE / "/ / / /", -';,<:::.... -----.,- " ;'............ ; f I ; I ", /,., ,. I I I r / I o 50 100 P"'"--_ 200 300 400 500 I Feet . . . ATTACHMENT NO.5 COMMON ABC LICENSE TYPES G:\Planning\2005\PA05-0093 Beverages & More-MCUP and PC&N\Planning\StaffReport.doc 10 Department 01 Alcoholic Beverage Control COMMON ABC LICENSE TYPES AND THEIR BASIC PRIVILEGES 02 20 21 23 40 _41 42 47 48 49 . ABc-616 (1102) Slale of GaIUOmla GRAV DAVIS. GowIllOf eoslnesS. Tra__ end Housing Agency MARIA CONTRERAS-SWEET. sec....ry DESCRIPTION BEER MANUFACTURER. (Large Brewery) Authorizes the sale of beer to any person holding a license authorizing the sale of beer, and to consumers for consumption on or off the manufacturer's licensed premises. Without any additional licenses, may sell beer iUld wine, regardless of SOW"CC, to consumers for consumption at a bona fide public eating place on the manufacturer's licenSed premises or at a bona fide eating place contiguous to the manufacturer's licensed premises. May conduct beer tastings under specified conditions Section 23357.3 . Minors are allowed on the remises. WINEGROWER. (Winery) Authorizes the saie of wine and brandy to any person holding a license authorizing the sale of wine and brandy, and to consumers for consumption off the premises where sold. Authorizes the sale of all wines and brandies, regardless of source, to consumers for consumption on the . premises in a bona fide eating place that is located on the licensed premises or on premises owned by the licensee that are contiguous to the licensed premises and operated by and for the licensee. May possess wine and brandy for use in the preparation of food and beverage to be conswned at the bona fide eating place. May conduct winetastings under prescribed conditions (Section 23356.1; Rule-S3). Minors are allowed on the remises. OFF SALE BEER & WINE . (package Store) Authorizes the sale of beer and wine for consumption off the remises where sold. Minors are allowed on the ises. OFF SALE GENERAL. (package Store) Authorizes the sale of beer, wine and distilled spirits for con sum . on off the remises where sold. Minors are allowed on the . mises. SMALL BEER MANUFACTURER. (Brew Pub or Micro-brewery) Authorizes the same privileges and restrictions as a Type 01. A brewpub is typically a very small brewery with a restauranL A micro- brewery is a small-scale brewery operation that typically is dedicated solely to the production of specialty beers a1thou h some do have a restaurant or ub on their manufacturin lanL ON SALE BEER. (Bar, Tavern) Authorizes the sale of beer for consumption on or off the premises where sold. No wine or distilled spirits may be on the premises. Full meals are not required; however, sandwiches or snacks must be available. Minors are allowed on the remises. ON SALE BEER & WINE - EATING PLACE. (Restaurant) Authorizes the sale of beer and wine for consumption on or off the premises where sold. Distilled spirits may not be on the premises (except brandy, rum, or Iiqueun; for use solely for cooking purposes). Must operate and maintain the licensed premises as a !:>ona fide eating place. Must make actual and substantial sales of meals, during the nonnal meal hours that they are open, at least five days a week. Normal mealtimes are 6:00 a.m. - 9:00 a.m., 11:00 a.m. - 2:00 p.m., and 6:00 p.m. - 9:00 p.m. Premises that are not open five days a week must serve meals on the da s the are 0 n. Minors are allowed on !he remises. ON SALE BEER & WINE - PUBLIC PREMISES. (Bar, Tavern) Authorizes the sale of beer and wine for consumption on or off !he premises where sold. No distilled spirits may be on the premises. Minors are not allowed to enter and remain (see Section 25663.5 for exception, musicians). Food service is uired. ON SALE GENERAL - EATING PLACE. (Restaurant) Authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises. Authorizes the sale of beer and wine for consumption off the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Must make actual and .substantial sales of meals, during the nonnal meal hours that they are open, at least five days a week. Nonnal mealtimes are 6:00 a.m. - 9:00 a.m., 11:00 a.m. - 2:00 p.m., and 6:00 p.m. - 9:00 p.m. Premises !hat are not open five days a week must serve meals on the days they are o n. Minors are allowed on the mises. . ON SALE GENERAL - PUBLIC PREMISES. (Bar, Night Club) Authorizes the sale of beer, wine and distilled spirits for consumption on the premises where sold. Authorizes the sale of beer and wine for consumption off the premises where sold. Minors are not allowed to enter and remain (see Section 25663.5 for exce tion musicians. Food service. is not uired. ON SALE GENERAL - SEASONAL. Authorizes' the same privileges and restrictions as provided' for a Type 47 license except it is issued for a specific season. Inclusive dates of operation are listed on the license certificate. . ~~EDlf~? ~. :;, Ii: '7- -'!f To(. .:>> ~ 'bltou"<> lICENSE TYPE 51 52 57 59 60 61 67 .70 75 80 ABC-616 (1/02) DESCRIPTION CLUB. Authorizes the sale of beer, wine and distilled spirits, to members and guests only, for consumption on the premises whe~ sold. No off-sale privileges. Foodservice is not required. Minors are aJIowed on the mises. . VETERAN'S CLUB . Authorizes the sale of beer, wine and distilled spirits, to members and guests only, for consumption on the premises whe~ sold. No off-sale privileges. Food service is not required. . Minors are allowed on the . SPECIAL ON SALE GENERAL. Generally issued to certain organizations who cannot qualify for club licenses. Authorizes the sale of beer, wine and distiJIed spirits, to members and gueslS only, for consumption on the premises whe~ sold. No off-sale privileges. Food service is not required. Minors are allowed on the mises. . ON SALE BEER AND WINE - SEASONAL. Authorizes the same privileges as a Type 4\. Issued for a s ific season. Inclusive dates of 0 . on are listed on the license certificate. ON SALE BEER - SEASONAL. Authorizes the sale of beer only for consumption on or off the premises where sold. Issued for a specific season. Inclusive dates of operation are listed on the license certificate. Wine or distilled s irits ma not be on the ~mises. Minors are allowed on the emises. ON" SALE BEER ~ PUBLIC PREMISES. (Bar, Tavern) Authorizes the sale of beer only for consumption on or off the licensed premises. Wine or distilled spirits may not be on the p~mises. Minors are not allowed to enter and remain warnin si uired . Food service is not uiled. BED AND BREAKFAST INN . Authorizes the sale of wine purchased from a licensed winegrower or wine wholCsaler only to ~gistered guests of the establishment for .consumption on the premises. No beer or distilled spirits may be on the premises. Wine shall not be given away to guests, but the price of the wine shall be included in the price of the overnight transient occupancy accommOdation. Removal of wine from the unds is not 'tted. Minors are allowed on the ises. ON SALE GENERAL - RESTRICTIVE SERVICE. Authorizes the sale or furnishing of beer, wine and distilled spirilS for consumption on the premises to the establishment's overnight ttansient occupancy guests or their invitees. This license is normally issued to "suite-type" hotels and motels, which exercise the license privileges for gueslS' "complimentary" happy hour. Minors are allowed on the remises. ON SALE GENERAL .,. BREWPUB. (Restaurant) Authorizes the sale of beer, wine and distilled spirilS for consumption on a hona fide eating place plus a limited amount of b~wing of beer. Also authorizes the sale of beer and wine only for consumption off the premises where sold. MinolS are allowed on the remises.' . BED AND BREAKFAST INN - GENERAL. Authorizes the sale of beer, wine and distilled spirilS purchased from a licensed wholesaler or winegrower only to registered gueslS of the establishment for consumption on the premises. Alcoholic beverages shall not be given away to guests, but the price of the alcoholic beverage shall be included in the price of the overnight transient occupancy accommodation. Removal of alcoholic bevera es from the I).nds is not noiued. Minors are allowed on the remises. ~"(.t EOO~ {L~"'.,~ "t. l"h. e ""(. ..!II" CbJ/oL ",.0 .