Loading...
HomeMy WebLinkAbout090110 PC Agenda In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694 -6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II]. TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE SEPTEMBER 1, 2010 — 6:00 PM Next in Order: Resolution: 10 -14 PRELUDE MUSIC: Earlene Bundy CALL TO ORDER: Flag Salute: Commissioner Carey Roll Call: Carey, Guerriero, Harter, Kight, and Telesio 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 minutes each. If you desire to speak to the Commission about an item not on the Agenda, a salmon colored "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary prior to the Commission addressing that item. There is a three - minute time limit for individual speakers. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of August 4, 2010 1 2 Director's Hearing Summary Report RECOMMENDATION: 2.1 Receive and File Director's Hearing Summary Report PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee. 3 Planning Application No. PA10 -0031, a Minor Conditional Use Permit to allow the Black Market Brewing Company to open a 432 square foot retail sales area in their existing building located at 41740 Enterprise Circle North, Eric Jones RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION NO. 10- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10 -0031, A MINOR CONDITIONAL USE PERMIT TO ALLOW AN EXISTING BREWERY TO SELL ITS PRODUCT TO THE GENERAL PUBLIC LOCATED AT 41740 ENTERPRISE CIRCLE NORTH (APN 909 - 282 -007) 4 PA10 -0168 and PA10 -0169 a Minor Conditional Use Permit and Findings of Public Convenience or Necessity to allow Melano Liquor (ABC License Type -21) to relocate to 33321 Temecula Parkway Suite 105 (existing location: 27911 Jefferson Avenue, Suite 109), Eric Jones RECOMMENDATION: 4.1 Adopt a resolution entitled: PC RESOLUTION NO. 10- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NOS. PA10 -0168 AND PA10 -0169, A MINOR CONDITIONAL USE PERMIT AND FINDINGS OF PUBLIC CONVENIENCE OR NECESSITY TO OPERATE A LIQUOR STORE (TYPE 21 LICENSE: OFF -SITE GENERAL) LOCATED AT 33321 TEMECULA PARKWAY, SUITE 105 (APN 966- 010 -011) 2 REPORTS FROM COMMISSIONERS PLANNING DIRECTOR REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, September 15, 2010, 6:00 PM City Council Chambers, 43200 Business Park Drive, Temecula, California. NOTICE TO THE PUBLIC - The agenda packet (including staff reports) will be available for viewing at City Hall's Planning Department Public Counter located at 43200 Business Park Drive and at the Temecula Library located at 30600 Pauba Road during normal business hours. Additionally, any supplemental material distributed to a majority of the Commissioners regarding any item on the Agenda, after the posting of the Agenda, will be available for public review at the locations indicated above. The packet will be available for viewing the Friday before the Planning Commission meeting after 4:00 p.m. You may also access the packet the Friday before the meeting after 4:00 p.m. on the City's website at www.cityoftemecula.org 3 ITEM 1 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE AUGUST 4, 2010 — 6:00 PM Next in Order: Resolution: 10 -13 PRELUDE MUSIC: Earlene Bundy CALL TO ORDER: Flag Salute: Commissioner Kight Roll Call: Carey, Guerriero, Harter, Kight, and Telesio CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of July 21, 2010 APPROVED 4 -0 -0 -1 MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER HARTER, VOICE REFLECTED APPROVAL; KIGHT ABSTAINED PUBLIC HEARING ITEMS 2 Planning Application Nos. PA08 -0134 PA09 -0309 PA09 -0137 PA08 -0138 a Development Plan Certificate of Historical Appropriateness Minor Conditional Use Permit, and Finding of Public Convenience or Necessity to construct an addition to the Palomar Hotel consisting of a 1,728 wine garden (Phase 1) and a four -story 10,304 square foot addition featuring sixteen new rooms and a roof deck (Phase II) located at the northeast corner of Old Town Front Street and Fifth Street at 28522 Old Town Front Street, Eric Jones APPROVED 5 -0 MOTION BY COMMISSIONER KIGHT, SECOND BY COMMISSIONER GUERRIERO, VOICE REFLECTED UNANIMOUS APPROVAL RECOMMENDATION: 2.1 Adopt a resolution entitled: PC RESOLUTION NO. 10 -13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NOS. PA08 -0134, PA09 -0309, PA09- 013.7, PA08 -0138, A DEVELOPMENT PLAN TO CONSTRUCT AN ADDITION TO THE PALOMAR HOTEL CONSISTING OF A 1,728 SQUARE FOOT WINE GARDEN (PHASE 1) AND A FOUR- STORY, 10,304 SQUARE FOOT ADDITION, FEATURING SIXTEEN NEW ROOMS AND A ROOF DECK ..(PHASE II), A CERTIFICATE OF HISTORIC APPROPRIATENESS, A CONDITIONAL USE PERMIT FOR AN EXTERIOR GROUND FLOOR BEER AND WINE BAR AND AN EXISTING 315 SQUARE FOOT WINE ROOM AT THE BACK OF THE EXISTING HOTEL AND FOR INDOOR LIVE ENTERTAINMENT, AND FINDINGS OF PUBLIC CONVENIENCE OR NECESSITY FOR PROPERTY LOCATED ON THE NORTHEAST CORNER OF OLD TOWN FRONT STREET AND FIFTH STREET AT 28522 OLD TOWN FRONT STREET (APN 922 - 024 -009) Ed Dool, Temecula Stage Stop, 28464 Old Town Front Street, addressed the Planning Commission REPORTS FROM COMMISSIONERS PLANNING DIRECTOR REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, September 1, 2010, 6:00 PM City Council Chambers, 43200 Business Park Drive, Temecula, California. Carl Carey Patrick Richardson Chairman Director of Planning and Redevelopment 2 ITEM 2 CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: Planning Commission FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: September 1, 2010 SUBJECT: Director's Hearing Summary Report Planning Director's Agenda items for July 2010 Date Case No. Proposal Applicant Action July 8, 2010 PA10 -0125 A Minor Conditional Use Permit to operate John. Evers APPROVED an educational use (University of Redlands) The Garrett in 8,477 square feet of an existing 32,185 Group square foot buildin Attachment: Action Agenda ACTION AGENDA 2 ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING July 8, 2010 1:30 P.M. TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: Patrick Richardson, Planning Director PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Planning Director on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Planning Director about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Planning Director. When you are called to speak, please come forward and state your name and address. Item No. 1 1:30 p.m. Project Number: PA10 -0125 Project Type: Minor Conditional Use Permit Project Title: Redlands CUP Jefferson Plaza Applicant: John Evers, The Garrett Group Project Description: A Minor Conditional Use Permit to operate an educational use (University of Redlands) in 8,477 square feet of an existing 32,185 square foot building Location: 27720 Jefferson Avenue Environmental Action: Exempt per CEQA Section 15301, Class 1 Existing Facilities Project Planner: Cheryl Kitzerow /Matt Peters ACTION: APPROVED The agenda packet (including staff reports) will be available for viewing at City Hall's Planning Department Public Counter located at 43200 Business Park Drive and at the Temecula Library located at 30600 Pauba Road during normal business hours. The packet will be available for viewing the Friday before the Director's Hearing after 4:00 p.m. You may also access the packet the Friday before the meeting after 4:00 p.m. on the City's website at www.cityoftemecula.org. ITEM 3 � �I STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: September 1, 2010 PREPARED BY: Eric Jones, Case Planner PROJECT Planning Application Number PA10 -0031, a Minor Conditional Use SUMMARY: Permit to allow an existing brewery to sell its product to the general public, located at 41740 Enterprise Circle North RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15302, Class 1 Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Andrew Marshall, Black Market Brewing General Plan Industrial Park (IP) Designation: Zoning Designation: Business Park (BP) Existing Conditions/ Land Use: Site: Existing Business Park Structure /Industrial Park North: Existing Structures /Industrial Park South: Existing Structure /Service Commercial East: Existing Structure /Industrial Park West: Existing Structure /Industrial Park Existing /Proposed Min /Max Allowable or Required Lot Area: N/A N/A Total Floor Area /Ratio: N/A N/A Landscape Area /Coverage: N/A N/A Parking Required /Provided: N/A N/A BACKGROUND SUMMARY On February 9, 2010, Andrew Marshall submitted Planning Application PA10 -0031, a Minor Conditional Use Permit designed to allow the existing Black Market Brewing Company to designate 15 percent of its floor area for the use of retail sales. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS The Black Market Brewing Company is an existing beer brewing establishment (Type -23 License) operating within an area zoned Business Park. The business would like to expand its operations by allowing the general public to purchase beer directly from the facility. In an effort to assist costumers with their purchase, the business proposes to offer beer tasting so that customers may sample their products before making a selection. Retail /tasting hours will be from 1 p.m. - 9 p.m. Monday through Sunday. Full scale retail establishments are not permitted in the areas zoned Business Park. However, the Development Code does provide an exception. Per Section 17.08.020.F, retail uses are not permitted in this zoning. district, except as supporting a principal business park use (limited to fifteen percent of the square footage of the development). The proposed retail area for the Black Market Brewing Company totals 432 square feet. This amount is equal to 14.8 percent of the total square footage for the establishment. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on August 21, 2010 and mailed to the property owners within the required 600 -foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review. (Section 15302, Class 1 Existing Facilities) The proposed expansion of the existing use will not. result in the creation of any new square footage to the structure. All construction will be related to tenant improvements. FINDINGS The proposed conditional use is consistent with the General Plan and the Development Code. The proposed Minor Conditional Use Permit is intended to allow an existing brewery to provide tastings by the glass in conjunction with retail sales. The .business is located in an area zoned Business Park and this zoning district allows retail uses that are supporting a principal Business Park use. Further, the conditional use has been reviewed and conditioned by Public Works, Building and Safety, Fire, and the Police Department to ensure it is consistent with the General Plan and Development Code. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed conditional use has been reviewed and conditioned by Public Works, Building and Safety, Fire, and the Police Department to ensure it is compatible with the nature, condition, and development of adjacent uses, buildings and structures. Based on the provided Conditions of Approval, the use will not adversely affect the adjacent uses, buildings or structures. 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 this development code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The City of Temecula Development Code (Section 17.08.020.F) allows for business park uses to have an area no larger than 15 percent of their total square footage to be devoted to retail sales. The applicant has met this size requirement per their submitted plans. To ensure the use is integrated with other uses in the neighborhood, the conditional use has been reviewed and conditioned by Public Works, Building and Safety, Fire, and the Police Department to ensure the site 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 Council. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The conditional use has been reviewed and conditioned by Public Works, Building and Safety, Fire,. and Police Department to ensure it is not detrimental to the health, safety and general welfare of the community. That the decision to approve, conditionally approve, or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. The decision to approve, conditionally approve, or deny the application for a conditional use permit will be based on substantial evidence in view of the record as a whole before the_ Planning Commission or City Council on appeal. ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Notice of Public Hearing VICINITY MAP i ♦ �i tt t tt �iti���i � ♦ ♦♦ ` 0��� 4 � , t� , � � I 1 1 r': ` .♦, . its • ♦ tltl ♦♦ ♦ � � .- �i� i i� �. /j // � �� ♦�♦ I /tom � ��O ♦1 s Gam" ��i\ �� / / /l! � �� .'' ♦,, • � ♦ ♦••jt♦ I ♦ /`,� � ,�� ,�i� i ��. /l //� ��.�' '':'':'� •:•:•`••• • ��►i •a. ' �.''�. '•,poi �ru � � � � ••� ♦ � I II/ � /QO %�.♦ � db, �♦�.1 ' ♦ ��j t � / � �, Iij��11 ►mot ,�•. +`�� \ ��\ i i� �'�, �� .I ••• ®. ,,.•,� ��I /, 11 / / /i ♦���til�l .. �,♦♦ p �� ♦�' � �o�:c� �_ �1 ,� ' �♦ � pV ♦�' pi � �. �O =����� I�j / I /t: � '� ♦ ��` pit ti / pit �I ���,, � �'''� � , \�ii�i��� / i i i' �� .,� � ♦ ''. , % qi• ♦ ♦- MEMO • '' q ' 1�1 ✓1�5 • 141 �r I O N ' __ PLAN REDUCTIONS O CURB CUT RAMP SITE ACCESSABLE ROUTE OF TRAVEL j VAN ACCESSABLE PARKING SO PARKING SPACE SIGNAGE l SPACES ......�.... ,,.,m. d� �...�. -.r �...a,tbsb- ....'- ....KK.- ..br.... ,�,w ... , .`.�°°"br`a4�•: °'...�.'a �.aa... ,,. -.... � p n» .,mt...m,- .. °'Rr°.°.n.:: .: "�:� :�. . .dr.'a�.. .. -, . �.w.,..a » ,tn..a .0 . .� -rY» wY ®v u .1pU •••If+-,•.•i1iM ~. r 4 sewn »N.r 4iYY Y,. WY.4. -I.s m.u.t:w P.•.v 1 0..».oalgwa It »I 1na.0 >s a,0.r.d..l nn.. .wr ».- ...rt- � a. ,.OYw.sY..wYb.. »w- wNialyUrmlewM Y.d.. RO.In,�.s.. �.e.uiU u 0 N-.e4al.�e.tir.- Ar..v- t,au . ..+ r.- YaY.�w'w'Yie�nww..e-IMVMn.W. � r•npien.l.•.m. a.r..aww�r.i. ... I W-s r.w.FYrw •n.N.nd -!t r.er YprWY...�w. .. �. M. -a'�1 d.M � a »i.. a >-mnw.» rr•.rem .t '�' r. .m.u. � Wpyr ;� — �_ � r•!.sr • .W ° apw . . .Ow+- Y- ina�.n.mw4.an Vvnrr.N...iar..n - r� - � �a.� �..a.e �� ~ .� Ni#B�.lW �•e�a » . 1 ��^ D p�qq .v.N44..-r..m »w rtaN. I�.v.vm. M..a- Nr4ltvus wgeswYetetartr� bo � •. {loll o Oval v�i.u.., t�sa� -tl Y.e.»WKm WSTN. �:�soYn...na Y•� »tr..,.»4wnd »ma, iae.00utoawsa � v.mrr NN .er • � - n++..wi »s.�.ya M I'. f uerne..r.»+r». »e.w..o ,d�.a. n M »md »b.rw..0 NHS » .lam- r..ww.ai- �F-- agirwr�.mb++a. .mYw a�watn ».�..,. aWr.. LL - ��� r Oav +uallU ,tnu rd ... �a 1S 1 nv.rna.ie.set:a.n.r - .s.M. MUr.d.-»ra..»s•wsw. .rw+ iw - i�b - t�in•�i.i . µ01t) p.oa ,IOYA.0,0 „ d. r. tld „Igy.O»pYWnO.OnOYbua�Qafadf.aln - .vdoONwYdn,O1,v.110v sgta ,n..sA »�-1 M1nj +.�n+ -r Ir onYw .: � s... . r w°" uYw.,, �"`�,. �> � .�_..-_ �.^..'h..w^".r �'7s�h'. a 0 T �� rsx• arm,' ''� '�� � Y Y �RF s: u ® PARKING SPACE STRIPII�IG - IT'E ENTRANCE SIGNAL o ' cwnwO4 s'lydves..naar.rna4. -. � ~ - �Iw MSw niYW r� S�� d...l•YrO.a.n P.aaysO�rKKers..v. -• , f� .nat✓rntl.r.+I. �.- rw.- av».ta. ' wr.•FYr.•N...w. •..r r�- . - Yv..- '.On.s .Y•D.s. Y$ ry}� '�.1M.+.� MWr•v�� 'AO O...Ylb ~' OY > r,+dnw.i»OV.e�..n v. is� m DISABLED PARKING SPACES d r. - QQQQ .Y_rNnw..�.�. .. ;er _ a� �` fRPR /SE : CIRCLE` w „s: 4V gMTH+ ° . is -zoio ` ... FOR REFERENCE ONLY .SP -1 B MARKET BR.EW1NGC TENANT IMPROVEMENT SYMBOLS GENERAL NOTES P ROJECT DIREC TORY INDEX TO DRAWINGS ARCN.Ii[CiVRA,L 9Y,Y BO Lf n . NN wG p ND APP LICANT T.1 nT IwE «NI MIOwI[C -11 SPt p Un I DUALLD MQU REMEM "CC�� mww m r�1'w°I r.w wrp aWm )WOU. ra RSla Yt iL00Rpi— .DLYD61 ,w41CFTUL .. ° n � Ino W w" _ Rn .L� iwmwrt °i° �w.�w�u amw n�'am "000.l. m RoRP. w wvA� n s s wmns rrmwe n nmmR ao9�n - ' Iw1 .'f: www wPys,www w� wmmR PRPP. me..m..wc �.a .w ..ew .0 �' ,..wrm Ir wwew .o IK ...w. roo• m mR P. Raw H w nm.®m w ADDITIONAL PROJECT INFORMATION LOCATION MAP O Pn.,t� w awwL R w,w: ° RYRRR+m mawrowN{au ww� wwlW ••vV PARCEL NUMBER 909M3001 _ 1 .� S _. �+ 4��• 1.yu�.S �www�u ten. � < i,m .ua A woa M � u w � .[+JU wio Mwu�aw a�rmurnxl o� _ n } Y E E 1 y wu.wR�°wN410 Pwt9l IM<.n1a n ®wu ,w uwlN M'mOr+rcY�reaM RA Eook 14)P f ) G 1 �� . °wmva LOCATION: % 1 A E F aRwwRa 'wawRws( .°.wls' fl 0.rrnrr 9ac0oo JS •TRmuGp]9Wuya1W NOM `� F F T �' T: B(' ■p ('j -� �m Ic w mw Pmmw m ICSOA111— 7` FlRE E% TING USN ISYSTFASS M ECCC . ' 1 .� —sxar rww.. MIL r° M wYlrAtow ° . mwra Wa S BCS 11N33 . i . M miow9 +, �1P� �.r.,�o.wu e�s.r IP.FPERSON AVE \ n Sa�uR A41 , WMCHFSTPU RD ..... S _�'" '� ` ' �wn�aurtw w oryr� r,a� CHERRY SC _, _ PROJECT. DATA . FIRE DEPARTMENT NOTES m B INTERIOR FINISH & FLAMFPII.FING YP. piun <IV1Q6,o unn �.�.. am - alaw�vwn.wawwrle CIry MTwn 1Y Fln Pnven4Pn Bwew t ��laa ow"o; 1 +' +e— _cwo,mrc w �� wr.nr ewn +v.o aeva xrAR)rnniw.LEwECnaawueEUnlwm BUILDING ADDRESS n lomqq .0 wveermw YWlwwflwYp.°IRIIImw . mvNKL .1)ao EN)FRPR6E Uk N. 1 109 . i Aasw< mR'(aLm 9 TA cuu, CA. 939390 1 ' rr 10 . w` ;,Mm —� a.om.wP"°Oiiv.m x wll nK rRBlernw wAS M%ES, UNIT SQUARE FOOTAGE •��••• wr •• 4° "�• °••'� >:3 .lams, CDPYYIG [mwvDR wlp>, wEr wASa1Ra 2903 SQUARE FEET fArt10110F CRSAY M M 8000. , R(NOYK0 i 011 ."�ur n.°x Z IN W­, On1K.<Nma etWMINT .u:. R � m' c Exlls Ira�T.w�m w wml>K woaur.ru. cane: IXISTING B UILDING TYPE "VB" -°-^�d -� +�+- " � � .�. ON . m"'°ia. J�1 .wuxla'°o":c°' 1. Au Emmw°a we eNw I.n , K : "B F•i' r«r..,...1....w- ..a.nw " 1aA....F ^......_..�.,.,.,,. e OCCUPANCY CLASSIFICATION �~ ImRn .R A.Rnp H. BEST MANAOBMENT PRACIICPS(BMP) . FULLY SPRINKLED ,YES" `— -- A V. ... I EPIa W..m ew�.cPw„c pio.+ea awl�.rd a NUMBER OF STORIES "1' y g Eau..mRwds ad :a�;<PEws'; EMPLOYEES W 1]qB .,� )p' , OOf ww. 00Ow r w' ,1°'wrri:"Im"O1Mn.m Iw = D.Ew.y.ade urn.m amw.wd. TOTAL OCCUPANCY 0 g 63 d . "'c. : , .IPI.p w Uraea4o�d aw,."d CUSTOMER AREA OCCUPANCY "11' < • Roc r` W °N wns w<L w «. _ SCOPE OF WORN "RETAIL AREA" e[ ' nu4as, [ -__� w?yw ... to <Rmw,m > rw wwl .,'' .. lww r Pwdn Rlwx x.mm um.ws '°rw� ••,••• �, ® Yw. Yau,w. w.l ' o`www:. riww E•�uL.� ur�me m.cwnwrwe ; .0 w cm..e.0 m dr ®ur uu nom a.m �°�` � � M aur+ wu wxRwwnvw Ilion 4.F"SOd PWdne Suppli<: F—Ift ppp°6onR,. APPLICABLE CODE „ � wudclwpup e(mswlJl. 2 - 1 - 2010 • ' L Plttv .)PLfAwulLl[RVtYaTNYR•RROYIW adWPOaS McYnyu°mlhaaaoodmdoev. � �rw �rs �rui � __ ' nwwwRO 1 � Sen PS1 - ' 6. FIRWdpw rrml wniRpmeuO Pnrrmltln dln8ufe arR�w9PSi rtnww , . acSP .uiaYm�da.Iim'wo�a'°RwrpmmMan 'eElwaudau wuw WYwmY Wulb.nm Ania . srw.m i .. WAREHOUSE 971 s.f. BREWING AREA 768 s.f. COLD ROOM 196 s.f. OFFICE 144 s.f. LABORATORY 140 s.f. MILL ROOM 1405. f. NOTES:Tn RETMLAREAmna TASTINGAREAni=A mmaWtotla , SERVICE AREA 112 s.f. 21•mbowrauew rtWm wp,ton of 11 11. ana ate MERCHANDISE AREA _ RETAIL AREA 432 s.f. (1-) wnsn is nm meo-iaea ena b mp11a mr m1 r- an;na, g,. am. TOTAL 2,903 s. IF - 6 - t9 "m SERVICE WAREHOUSE COLD ROOM LABORATORY AREA (RETAILAREA) AREA) Y f - u MERCHANDISE AREA (RETAILAREA) EEE p 0 MILL ROOM t Z a c y BREWING AREA -J OFFICE o " 3 i aesraooM -) • I II � -� DIM ENSIONS-E.ELOOR PLAN NORTH ARROWay AEI PC RESOLUTION PC RESOLUTION NO. 10- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10 -0031, A MINOR CONDITIONAL USE PERMIT TO ALLOW AN EXISTING BREWERY TO SELL ITS PRODUCT TO THE GENERAL PUBLIC, LOCATED AT 41740 ENTERPRISE CIRCLE NORTH (APN 909 - 282 -007) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On February 9, 2010, Andrew Marshall, filed Planning Application No. PA10 -0031, a Minor Conditional Use Permit Application in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on September 1, 2010, 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 Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA10 -0031 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Minor Conditional Use Permit (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; The proposed conditional use is consistent with the General Plan and the Development Code. B. The proposed Minor Conditional Use Permit is intended to allow an existing brewery to provide tastings by the glass in conjunction with retail sales. The business is located in an area zoned as Business Park and this zoning district allows retail uses that are supporting a principal Business Park use. Further, the conditional use has been reviewed and conditioned by Public Works, Building and Safety, Fire, and the Police Department to ensure it is consistent with the General Plan and Development Code; The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The City of Temecula Development Code (Section 17.08.020.F) allows for business park uses to have an area no larger than 15 percent of their total square footage to be devoted to retail sales. The applicant has met this size requirement per their submitted plans. To ensure the use is integrated with other uses in the neighborhood, the conditional use has been reviewed and conditioned by Public Works, Building and Safety, Fire, and the Police Department to ensure the site 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. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The conditional use has been reviewed and conditioned by Public Works, Building and Safety, Fire, and Police Department to ensure it is not detrimental to the health, safety and general welfare of the community. E. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal; The decision to approve, conditionally approve, or deny the application for a Conditional Use Permit will be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Minor 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 15302, Class 1 Existing Facilities). The proposed project will be an expansion of services for an existing business. This expansion will not result in the creation of any new square footage to the structure. All construction will be related to tenant improvements. Section 3. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA10 -0031, a Minor Conditional Use Permit to allow an existing brewery to sell its product to the general public at 41740 Enterprise Circle North, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 1 st day of September 2010. Carl Carey, Chairman ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 10- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 1 st day of September 2010, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA10 -0031 Project Description: A Minor Conditional Use Permit to allow an existing brewery to sell its product to the general public at 41740 Enterprise Circle North Assessor's Parcel No.: 909 - 282 -007 MSHCP Category: Exempt (No New Square Footage) DIF Category: Exempt (No New Square Footage) TUMF Category: Exempt (No New Square Footage) Approval Date: September 1, 2010 Expiration Date: September 1, 2012 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL -1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of 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 21152 and California Code of Regulations Section 15062. If within said 48 -hour period the applicant/ developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). General Requirements PL -2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, .legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL -3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL -4. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL -5. The Planning Director may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to 3 one -year extensions of time, one year at a time. PL -6. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL -7. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters. Ensure that all materials and products stored outside are protected from rain. Ensure . all trash bins are covered at all times. PL -8. The applicant shall comply with their Statement of Operations submitted February 9, 2010, on file with the Planning Department, unless superseded by these Conditions of Approval. PL -9. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL -10. The City, its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature- of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission and City Council is in addition to, and not in- lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. PL -11. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.A.D.) training from the California Department of Alcoholic Beverage Control. PL -12. The applicant shall abide by all requirements of the California Department of Alcoholic Beverage Control. PL -13. Retail /tasting hours shall be 1 p.m. - 9 p.m. Monday through Sunday. OUTSIDE AGENCIES PL -14. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated February 17, 2010, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT General Conditions /Information B -1. All design components shall comply with applicable provisions of the 2007 edition of the California Building, Plumbing and Mechanical Codes; 2007 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. B -2. Submit at time of plan review, a complete exterior site lighting plan showing compliance with Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights -of -way. B -3. Obtain all building plans and permit approvals prior to commencement of any construction work. B -4. Commercial and industrial project trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. B -S. Signage shall be posted conspicuously at the entrance to the project that indicates 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 Friday from 7:00 a.m. to 6:30 p.m., and Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. At Plan Review Submittal B -6. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. Prior to Issuance of Building Permit(s) B -7. Provide appropriate stamp of a registered professional with original signature on plans. COMMUNITY SERVICES DEPARTMENT General Conditions /Information CS -1. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. Prior to Issuance of Building Permits CS -2. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. FIRE PREVENTION General Requirements F -1. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. F -2. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC Chapter 1). Prior to Issuance of Building Permit(s) F -3. Fire sprinkler tenant improvement plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans will be required if any new walls are going to be added or existing walls are going to be removed. POLICE DEPARTMENT General Requirements PD -1. Applicant has a Type 23 License (Small Beer Manufacturer). A Type 23 license 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, although some do have a restaurant or pub on their manufacturing plant. PD -2. Applicant will comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. PD -3. Alcohol may be not sold to or consumed by any person under the age of 21. PD -4. Identification will be verified utilizing one of the following: (a) valid California driver's license; (b) valid California identification card; (c) valid military identification card ( active /reserve /retired /dependent); (d) valid driver's license from any of the 50 States or Territories of the United States; (e) valid U.S. Passport; (f) valid government issued identification card issued by a Federal, State, County or City agency. PD -5. As noted above, only a valid government issued identification card issued by a Federal, State, County or City agency is acceptable, providing it complies with 25660 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). PD -6. Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B &P Code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00 a.m. Section 25632 B &P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter that the law. Those licenses are marked "Conditional" (23805 B &P). PD -7. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages are 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 Officer at (951) 695 -2773 to set up a training date. Training should be completed prior to the grand opening of this business and periodic updated training should be conducted when new employees /management are hired. PD -8. Police officers, sheriff's deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer (Sections 25616, 25753, and 25755 B &P; 148 and 241 (b) PC). PD -9. Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off sale) that: (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc; and /or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution narcotics, etc. The licensed premise includes the parking lot (Section 25601 B &P; 316 PC). PD -10. On -sale licensees who offer entertainment must abide by the following rules: (1) no licensee shall permit any person to perform acts of or acts which simulate; (a) sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law; (b) the touching, caressing or fondling on the breast, buttocks, anus or genitals; (c) the displaying of the pubic hair, anus, vulva or genitals; and, (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and /or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus (Rule 143.3 CCR. Also violates sections 311.6 PC if conduct is 'obscene," e.g. intercourse, sodomy masturbation, etc.). PD -11. Applicant will ensure no loitering occurs on or adjacent to its premises during hours of operation. PD -12. Applicant will ensure sufficient lighting is provided for customers during hours of darkness if hours of operation extend into the night. PD -13. Applicant will be responsible for any cost incurred by the Police Department if additional officers are required because of traffic problems /congestion, public disturbance or where the need for police presence is required: PD -14. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506 -6793. & NTY OF RIVERSIDE o COMI NITY HEALTH AGENCY DEPARTMENT OF ENVIRONMENTAL HEALTH City of Temecula Planning Department D o - c/o Eric Jones PO BOX 9033 FEB Temecula, CA 92589 -9033 4� 17 February 2010 RE: PA 10 -0031 The Department of Environmental Health (DEH) has received,and reviewed the PA10- 0031 for the Minor Conditional Permit to allow the Black Market Brewing Company to open a retail sales area (432 Square Feet) at their existing location located at 41740 North Enterprise Circle, #109, Temecula, CA 92590, under the applicant: Andrew Marshall. The food facility building located on this Assessor's Parcel Number (APN 909 - 282 -007) is connected to a potable water line and sanitary sewer from an approved purveyor. Any food vending or restaurant use of the building shall require REHS inspector compliance by the County of Riverside DEH. Please contact Bonnie Dierking, Supervising REHS for plan check requirements at 951.461.0284. If you have any questions, please do not hesitate to call me at 951.955.8980 Sincerely, Gregor De lenbach, REHS EHS 100140 Local Enforcement Agency • P.O. Box 1280, Riverside, CA 92502 -1280 • (951) 955 -8982 • FAX (951) -781 -9653 - 4080 Lemon Street, 9th Floor, Riverside, CA 92501 Land Use and Water Engineering • PO. Box 1206, Riverside, CA 92502 -1206 - (951) 955 -8980 • FAX (951) 955 -8903 - 4080 Lemon Street, 2nd Floor, Riverside, CA 92501 NOTICE OF PUBLIC HEARING Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No: PA10 -0031 Applicant: Andrew Marshall, Black Market Brewing Proposal: A Minor Conditional Use Permit to allow an existing brewery to sell its product to the general public, located at 41740 Enterprise Circle North Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA Section 15302, Class 1 Existing Facility Case Planner: Eric Jones, (951) Assistant Planner Place of Hearing: City of Temecula, Council Chambers Date of Hearing: September 1, 2010 Time of Hearing: 6:00 p.m. PA10 -0031 Any person may submit written comments to the Planning Commission before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of the hearing. Any petition for judicial review of a decision of the Planning Commission shall be filed within the time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission, shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. The proposed project application may be viewed at the City of Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner at (951) 506 -5115. ITEM 4 II STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: September 1, 2010 PREPARED BY: Eric Jones, Case Planner PROJECT Planning Application Number PA10 -0168 and PA10 -0169, a Minor SUMMARY: Conditional Use Permit and Findings of Public Convenience or Necessity to operate a liquor store (Type -21 License; Off -Sale General) located at 33321 Temecula Parkway, Suite 105 RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15302, Class 1, Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Vinod Kapoor General Plan Highway Tourist (HT) Designation: Zoning Designation: Highway Tourist (HT) Existing Conditions/ Land Use: Site: Existing Commercial Center/ Highway Tourist (HT) North: Temecula Parkway/ Existing Commercial South: Existing Commercial Center/ Creek East: Existing Commercial/ Residential West: Butterfield Stage Road Existing /Proposed Min /Max Allowable or Required Lot Area: N/A N/A Total Floor Area /Ratio: N/A N/A Landscape Area /Coverage: N/A N/A Parking Required /Provided: N/A N/A 1 BACKGROUND SUMMARY On June 2, 2010, Vinod Kapoor submitted Planning Applications PA10 -0168 and PA10 -0168, a Minor Conditional Use Permit and Findings of Public Convenience or Necessity to relocate and operate Melano Liquor at 33321 Temecula Parkway, Suite 105. The business is currently located at 27911 Jefferson Avenue, Suite 109. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS The applicant has proposed to relocate their existing liquor store (Type 21 License; Off -Sale General) from 27911 Jefferson Avenue to 33321 Temecula Parkway. The Type -21 License authorizes the sale of beer, wine and distilled spirits for consumption off the premises where sold. The new location is zoned Highway Tourist. Per the City of Temecula Development Code, liquor stores are an allowable use within the Highway Tourist zoning designation with the approval of a Conditional Use Permit. The City of Temecula Development Code provides. several provisions with regard to liquor store locations. Section 17.10.020.B.4.a states that liquor stores shall not be located within 1,000 feet from any other existing liquor store. The proposed project is not within 1,000 feet of any other existing liquor store. The closest liquor store will be located approximately 1,300 feet to the west when it opens for business. This other facility was recently approved by the Planning Commission on June 16, 2010. The City of Temecula Development Code Section 17.10.020.13.3 also states that alcohol selling businesses shall not be located within 500 feet of any religious institution, educational institution, day care, or public park. The Code states that this requirement does not apply when the alcohol selling business and the church, school or park are located within commercial or industrial zones. The immediately surrounding parcels are zoned commercial. Furthermore, there are no churches, educational institutions, day cares, or public parks located within the five hundred foot radius. The City of Temecula Development Code Section 17.10.020.B.4.b states that a security plan, including but not limited to, product location, cameras and similar monitoring systems, aisle configuration, point of sales location(s), exterior and parking lighting, and measures to prevent and discourage loitering and other reasonable factors must be submitted to the Chief of Police. The Police Department has informed staff that they approve of the applicant's security measures and hours of operation. Per the submitted Statement of Operations, the proposed hours of operations are as follows: Monday through Thursday 7 a.m. — 11 p.m., Friday through Saturday 7. a.m. — 12 a.m., and Sunday 8 a.m. — 10 p.m. In addition, the Police Department has provided Conditions of Approval for the project. The California Department of Alcoholic Beverage Control has required the applicant to also pursue a Finding of Public Convenience or Necessity Application. The applicant submitted this application with the Minor Conditional Use Permit application to allow for concurrent processing. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on August 21, 2010 and mailed to the property owners within the required 600 -foot radius. 2 ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review. Section 15302, Class 1 Existing Facilities The project will allow for a liquor store to be located within an existing commercial center. No new square footage will be required to accommodate this use. Only construction activities related to tenant improvements will take place. FINDINGS Conditional Use Permit (Section 17.10.040.E) The proposed conditional use is consistent with the General Plan and the Development Code. The proposed use is for a liquor store within an area zoned Highway Tourist (HT). Liquor stores are a permitted use in this zone with the approval of a Conditional Use Permit per the City of Temecula Development Code (Table 17.08.030). In addition, the proposed conditional use has been reviewed and conditioned by Public Works, Building and Safety, Fire, and the Police Department to ensure it is consistent with the General Plan and the Development Code. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed use will be located within an existing commercial center. The Development Code specifies that new liquor stores must be at least 1,000 feet from existing liquor store. This particular store is approximately 1,300 feet east of a soon to open liquor store. Further, the proposed use has been reviewed and conditioned by Public Works, Building and Safety, Fire, and the Police Department to ensure it is compatible with the nature, condition and development of adjacent uses, buildings and structures and to also ensure the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. 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 proposed liquor store will be located within an existing commercial shopping center zoned Highway Tourist (HT). Liquor stores are a permitted use in this zone with the approval of a Conditional. Use Permit. The proposed use will be conducted within an existing building for which the site adequately provides for yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The proposed conditional use has been reviewed and conditioned by Public Works, Building and Safety, Fire, and the Police Department to ensure it will not be detrimental to the health, safety, and general welfare of the community. 3 That the decision to approve, conditionally approve, or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. The decision to approve, conditionally approve or deny the application for the Conditional Use Permit will be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. Findings of Public Convenience or Necessity (Section 17.10.020.6.5) Whether or not the proposed use is consistent with the General Plan and Development Code Liquor stores are a permitted use within areas zoned Highway Tourist (HT) with the approval of a Conditional Use Permit. The project has been reviewed and conditioned by Public Works, Building and Safety, Fire, and the Police Department to ensure it is consistent with the General Plan and Development Code. Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses The proposed use will be located within an existing commercial shopping center. This center is located within the Highway Tourist (HT) zoning designation. This designation allows for liquor stores after the approval of a Conditional Use Permit. The use has been reviewed and conditioned by Public Works, Building and Safety, Fire, and the Police Department to ensure it is compatible with the nature, condition and character of adjacent land uses. Whether or not the proposed use would have an adverse effect on adjacent land use. The proposed use will be located within an existing commercial shopping center. This center is located within the. Highway Tourist (HT) zoning designation. This designation allows for liquor stores after the approval of a Conditional Use Permit. The use has been reviewed and conditioned by Public Works, Building and Safety, Fire, and the Police Department to ensure it will not have an adverse affect on adjacent land uses. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity. The City of Temecula Development Code requires that new liquor stores be placed no closer than 1,000 feet from existing liquor stores (Section 17. 10:020.6.4). A recently approved liquor store will soon be open approximately 1,300 feet to the west. This exceeds the 1,000 foot requirement stipulated by the Development Code. Therefore, approval of the proposed use will not result in an excessive number of similar establishments in close proximity. ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A — Draft Conditions of Approval Notice of Public Hearing 4 VICINITY MAP G a' ME PA 10 -0168 O � . j \ y-= • 0 80 160 ..320" - '` 480 640 Feet ... ...... . PLAN REDUCTIONS ilk Af/i1RLr` .. (' � O v�• CJ • wR MM•P TSwsuc�..ru•.M• , � • '— .•V. � C �1 Q Nw.iw MMR.M �sa,sWweus. uen.ea.•w. 6W1014Y '1 O •... Q — :. FUTURE a w...•,<«..�, am � 11 RETAIL /SELF STORAGE Sam Ax •i �.� 4. MRK DA,p Project ' � •. — � • , � ' ,°°�''aa "�"iL �� U `�rjE�jff Location A s s I RE W —M N M. .aaose..S i 1 � .wrw wosme C i rrli at &AL rafts o s CffL IN(i s R J __--- �' -�^-- ..___- •_ .et eVM.M. M..Pt.M wa.! '4TC.[aIPeWOfu Opc UTFERFIELD yY.ti._.._. :i>}• x:w w.m. �viuxc. I �^ D pi c o I n M M W MKiN A enlY>>wz, ,ww.r i»cnM[wct.HtR.rMUU. [A ......,....�.. .e,naR.. " w SOE Ft1d1 x m ttoe0 ,,:eo WH SODA FLOOR PLAN NOTES: OILE T / 1. INSIDE DIMENSIONS OF THE NEW OFFICE SHALL BE 13' -3" LONG. T -0" WIDE AND 9' -0" HIGH. < REFRI soa 2. INSTALL SIGN ABOVE MAIN DOOR, "THIS DOOR TO REMAIN OPEN DURING BUSINESS e l soon HOURS ". I � } 3. WATER HEATER SHALL BE INSTALLED ON THE WALL WITH BRACKETS AT SHOWN I C LOCATION. M soa 4. SAW CUT FLOOR FOR FLOOR SINKS AND FLOOR DRAIN FOR DRAINAGE. NEW 5. PROVIDE DETERGENT OVERHEAD CABINET ABOVE MOP SINK. WALL 6. ALL WALLS BEHIND MOP SINK MUST BE PROTECTED WITH AT LEAST 4" HIGH WATER I- � C RESISTANT MATERIAL (FRP ). 0 O m 7. PROVIDE TOILET GRAB BARS - 1 -1/4" DIAMETER WITH ONE 36" LONG AND ONE 42" LONG. W a 8, PROVIDE PAPER TOWEL DISPENSER IN BATH ROOM. () B o SOp 9. PROVIDE TOILET TISSUE DISPENSER IN BATH ROOM. _ E W C 1001 10. PROVIDE 24"X 16" MIRROR ABOVE SINK IN THE BATH ROOM. ( Z U N ALL G N O S 11. PROVIDE SOAP DISPENSER IN THE BATH ROOM. Q o O m 12. PROVIDE MINIMUM 4' WAINSCOT ON WALLS BEHIND ALL SINKS. E WAINSCOT AT � O E NOTE: FIELD VERIFY POINTS OF LEAST 18" BEYOND SIDES OF SINKS. U) Z LL C CONNECTION PRIOR TO BEGINNING 13. PROVIDE RINGS TO SECURE BRUSHES A MOPS. I W > s WALK -IN ANY INSTALLATION OF NEW PLUMBING C' WORK. 14. INSTALL GONDOLAS BY ANCHORING SEISMICALLY TO THE FLOOR, W OV COOLER 15. REFRIGERATION CABINETS, ICE MAKER, WALK -IN- COOLER TO BE INSTALLED BY Z W w 0) SEE PLUMBING PLANS W m c SODA R RIG. C' REFRIGERATION CONTRACTOR. (7 Z 002 16. CONTRACTOR TO VERIFY WITH OWNER ALL FINISHES PRIOR TO BIDDING THE PROJECT. x� a saa 900 17. FLOORS, WALLS AND CEILINGS THROUGHOUT THE FACILITY TO BE NON - ABSORBANT W Z >- N B LIGHT COLORS AND EASILY CLEANABLE. CLARIFY WITH OWNER ABOUT FLOOR ~ m MATERIALS BEFORE BIDDING. I Q d = O C +� 18. ALL NEW WALLS SHALL BE 5/8" GYPSUM BOARD WITH SEMI -GLOSS PAINT FINISH. C7 W U j 19.OFFICE ROOM SHALL HAVE 2' -0" x 4' -0" ACOUSTICAL SUSPENDED CEILING. l Y M L +oa _ 20. ARMSTRONG SERIES 870VL FIREGUARD CEILING TILE OR EQ. SPECIFIED. 21. ALL COVED BASES SHALL HAVE A MINIMUM �' RADIUS PER HEALTH CODE. I L) / ® // LIST OF DRAWINGS I< Y ~ A -1 ARCHITECTURAL FLOOR PLAN M -1 HVAC FLOOR PLAN o G N O S E - tos U UAED ATCH A -2 ARCHITECTURAL DETAILS M -2 HVAC ROOF PLAN g SMOOTH WAS IN NE A -3 ENVELOPE COMPLIANCE M -3 MECHANICAL DETAILS S WA L M -4 MECHANICAL TITLE 24 COMPLIANCE E -1 LIGHTING FLOOR PLAN =l M -5 MECHANICAL TITLE 24 COMPLIANCE I) E -2 ELECTRICAL POWER PLAN M -6 MECHANICAL TITLE 24 COMPLIANCE E -3 ELECTRICAL ROOF PLAN 2 AGE 2 •0 _, i P - HOT AND COLD WATER PLAN EA E -5 LIGHTING TITLE 24 COMPLIANCE P WASTE AND VENT PLAN "" E -6 LIGHTING TITLE 24 COMPLIANCE P -3 PLUMBING DETAILS - 2010 -37 ARCHITECTURAL FLOOR PLAN - " °' DATE SCALE: 1/4" = 1' — 0" A -1 524 -10 PC RESOLUTION PC RESOLUTION NO. 10- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NOS. PA10 -0168 AND PA10- 0169, A MINOR CONDITIONAL USE PERMIT AND FINDINGS OF PUBLIC CONVENIENCE OR NECESSITY TO OPERATE A LIQUOR STORE (TYPE -21 LICENSE: OFF -SITE GENERAL) LOCATED AT 33321 TEMECULA PARKWAY, SUITE 105 (APN 966- 010 -011) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On June 2, 2010, Vinod Kapoor, filed Planning Application Nos. PA10- 0168, a Conditional Use Permit Application and PA10 -0169, an application for Findings of Public Convenience or Necessity 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 September 1, 2010, 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 Commission hearing and after due consideration of the testimony, the Commission approved Planning Application Nos. PA10 -0168 and PA10 -0169 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 (Section 17.10.040.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; The proposed use is for a liquor store within an area zoned Highway Tourist (HT). Liquor stores are a permitted use in this zone with the approval of a Conditional Use Permit per the City of Temecula Development Code (Table 17.08.030). In addition, the proposed conditional use has been reviewed and conditioned by Public Works, Building and Safety, Fire, and the Police Department to ensure it is consistent with the General Plan and the Development Code. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures; The proposed use will be located within an existing commercial center. The Development Code specifies that new liquor stores must be at least 1,000 feet from existing liquor store. This particular store is approximately 1,300 feet east of a soon to open liquor store. Further, the proposed use has been reviewed and conditioned by Public Works, Building and, Safety, Fire, and the Police Department to ensure it is compatible with the nature, condition and development of adjacent uses, buildings and structures and to also ensure the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. C. The site for a proposed conditional use is adequate in size and shape to accommodate the . yards, walls, fences, parking and loading 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 proposed liquor store will be located within an existing commercial shopping center zoned Highway Tourist (HT). Liquor stores are a permitted use in this zone with the approval of a Conditional Use Permit. The proposed use will be conducted within an existing building for which the site adequately provides for yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The proposed conditional use has been reviewed and conditioned by Public Works, Building and Safety, Fire, and the Police Department to ensure it will not be detrimental to the health, safety, and general welfare of the community. E. That the decision to approve, conditionally approve, or deny the application fora 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 approve, conditionally approve or deny the application for the Conditional Use Permit is based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. Findings of Public Convenience or Necessity (Section 17.10.020.13.5) F. Whether or not the proposed use is consistent with the General Plan and Development Code; Liquor stores are a permitted use within areas zoned Highway Tourist (HT) with the approval of a Conditional Use Permit. The project has been reviewed and conditioned by Public Works, Building and Safety, Fire, and the Police Department to ensure it is consistent with the General Plan and Development Code. G. Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses; The proposed use will be located within an existing commercial shopping center. This center is located within the Highway Tourist (HT) zoning designation. This designation allows for liquor stores after the approval of a Conditional Use Permit. The use has been reviewed and conditioned by Public Works, Building and Safety, Fire, and the Police Department to ensure it is compatible with the nature, condition and character of adjacent land uses. H. Whether or not the proposed use would have an adverse effect on adjacent land use; The proposed use will be located within an existing commercial shopping center. This center is located within the Highway Tourist (HT) zoning designation. This designation allows for liquor stores after the approval of a Conditional Use Permit. The use has been reviewed and conditioned by Public Works, Building and Safety, Fire, and the Police Department to ensure it will not have an adverse affect on adjacent land uses. I. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity; The City of Temecula Development Code requires that new liquor stores be placed no closer than 1,000 feet from existing liquor stores (Section 17.10.020.6.4). A recently approved liquor store will soon be open approximately 1,300 feet to the west. This exceeds the 1,000 foot requirement stipulated: by the Development Code. Therefore, approval of the proposed use will not result in an excessive number of similar establishments in close proximity. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit and Findings of Public Convenience or Necessity Applications: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15302, Class 1 Existing Facilities); The project will allow for a liquor store to be located within an existing commercial center. No new square footage will be required to accommodate this use. Only construction activities related to tenant improvements will take place. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application Nos. PA10 -0168 and PA10 -0169, a Minor Conditional Use Permit and Findings of Public Convenience or Necessity to operate a liquor store (Type -21 License) located at 33321 Temecula Parkway, Suite 105. 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 1 st day of September 2010. Carl Carey, Chairman ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 10- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 1 st day of September 2010, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application Nos.: PA10 -0168 & PA10 -0169 Project Description: A Minor Conditional Use Permit and Findings of Public Convenience or Necessity to operate a liquor store (Type -21 License; Off -Sale .General) located at 33321 Temecula Parkway, Suite 105 Assessor's Parcel No.: 966 =010 -011 MSHCP Category: Exempt (Existing Structure — Tenant Improvements Only) DIF Category: Exempt (Existing Structure — Tenant Improvements Only) TUMF Category: Exempt (Existing Structure — Tenant Improvements Only) Approval Date: September 1, 2010 Expiration Date: September 1, 2012 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL -1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of 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 21152 and California Code of Regulations Section 15062. If within said 48 -hour period the applicant/ developer has not delivered to the Planning Department the check as required above, 'the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). General Requirements PL -2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency . or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL -3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL -4. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL -5. The Planning Director may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to 3 one -year extensions of time, one year at a time. PL -6. A separate building permit shall be required for all signage. PL -7. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL -8. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters. Ensure that all materials and products stored outside are protected from rain. Ensure all trash bins are covered at all times. PL -9. The applicant shall comply with their Statement of Operations dated May 31, 2010, on file with the Planning Department, unless superseded by these Conditions of Approval. PL -10. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL -11 The City, its Planning Director, Planning Commission, and City Council retain and reserve the. right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved .or conditionally approved hereunder by the City, its Planning Director, Planning Commission and City Council is in addition to, and not in- lieu of, the right of the. City, its Planning Director, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit.or for the maintenance of any nuisance condition or other code violation thereon. PL -12. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employe_ a has received Licensee Education on Alcohol and Drugs (L.E.A.D.) training from the California Department of Alcoholic Beverage Control. PL -13. Hours of operation for the facility shall be as follows: Monday — Thursday: 7 a.m. to 11 p.m., Saturday 7 a.m. to 12 a.m., and Sunday 8 a.m. to 10 p.m. PL -14. The applicant shall abide by all requirements of the California Department of Alcoholic Beverage Control. PL -15. The applicant shall not allow the sale of adult materials as defined per the City of Temecula Municipal Code Section 5.09. PL -16. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. PL -17. The applicant shall comply with the Public Art Ordinance. Prior to Issuance of Building Permit(s) PL -18. The developer shall provide the Planning Department verification of arrangements made with the City's franchise sol waste hauler for disposal of construction and demolition debris. OUTSIDE AGENCIES PL -19. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated June 30, 2010, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT General Conditions /Information B -1. All design components shall comply with applicable'provisions of the 2007 edition of the California Building, Plumbing and Mechanical Codes; 2007 California Electrical Code; Califomia Administrative Code, Title 24 Energy Code, California. Title 24 Disabled Access Regulations, and the Temecula Municipal Code. B -2. Obtain all building plans and permit approvals prior to commencement of any construction work. B -3. Commercial projects shall provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. At Plan Review Submittal B -4. Provide electrical plan including load. calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. B -5. Provide number and type of fixtures to be added. Must be in accordance with the provisions of the 2007 edition of the California Plumbing Code. FIRE PREVENTION General Requirement F -1. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. F -2. During remodeling and /or addition construction, all fire and life safety systems will be maintained in working order and up to their original design and performance specifications. F -3. The applicant shall comply with the requirements of the Fire_ Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC Chapter 1). Prior to Issuance of Building Permit(s) F -4. Fire sprinkler tenant improvement plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. F -5. Fire alarm tenant improvement plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have -a dedicated circuit from the house panel. These plans must be submitted prior to the issuance_ of building permit. Prior to Issuance of Certificate of Occupancy F -6. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial buildings shall have a minimum of 12 -inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of six -inch high letters and /or numbers on both the front and rear doors (CFC Chapter 5,- Section 505.1 and Temecula City Ordinance 15.16.020 Section E). F -7. A "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room. If the building is already equipped with a knox box then it will be required that the fire department obtains a key to the business to place in the knox box (CFC Chapter 5, Section 506). F -8. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating fire lanes with appropriate lane painting and /or signs (CFC Chapter 5, Section 503.3). POLICE DEPARTMENT General Requirements PD -1. Applicant shall comply with all laws, ordinances, rules and regulations pertaining to the operation of a liquor store holding a type 21 (Off sale general) license. PD -2. No alcohol shall be sold to any person less than 21 years of age. PD -3. No Tobacco or any other item restricted from sales to minors will be sold to any person less than 18 years of age. PD -4. Contact the Temecula Police Department for compliance inspections and training for both employees and owners. PD -5. Applicant will comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. PD -6. Identification will be verified utilizing one of the following: (a) valid California driver's license; (b) valid California identification card; (c) valid military identification card ( active /reserve /retired /dependent); (d) valid driver's license from any of the 50 States or Territories of the United States; (e) valid U.S. Passport; (f).valid government issued identification card issued by a Federal, State, County or City agency. PD -7. 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 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). PD -8. All exterior doors shall have vandal resistant light fixtures installed above each door. The doors shall be illuminated with a minimum one -foot candle illumination at ground level, evenly dispersed. PD -9. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. PD -10. Any graffiti painted or marked upon the buildings must be removed or painted over within 24 hours of being discovered. Report all such crimes to the Temecula Police 24- hour dispatch Center at (951) 696 -HELP. PD -11. Upon completion of construction, the suite shall have a monitored alarm system installed and monitored 24 hours a day by a designated private alarm company to notify the Temecula Police Department of any intrusion. PD -12. Any public telephones located on the exterior of the buildings shall be placed in a well - lit, 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 buildings. PD -13. Penal Code 490.5 affords merchants the opportunity to recover their losses through a civil demand program. PD -14. Employee training regarding retail /credit card theft, citizens' arrest procedures, personal safety, business security, shoplifting or any other related crime prevention training procedures is also available through the Crime Prevention Unit. PD -15. Businesses desiring a business security survey of their location can contact the Crime Prevention and Plans Unit of the Temecula Police Department. PD -16. The Temecula Police Department affords all retailers the opportunity to participate in the "Inkless Ink Program." At a minimal cost for inkless inkpads, retailers can take a thumbprint of every customer using a personal check to pay for goods or services. A decal is also posted on the front entry of the business advising customers of the "Inkless Ink Program" in use. If the business becomes a victim of check fraud, the Police Department will be able to track the suspect with the thumbprint. PD -17. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 695 -2773. Q COUNTY OF RIVERSIDE • HEALTH SERVICES AGENCY Q DEPARTMENT OF ENVIRONMENTAL HEALTH June 30, 2010 l JUL 6 City of Temecula Planning Department Attn: Eric Jones, Planner P.O. Box 9033 -- Temecula CA 92589 -9033 SUBJECT: PA10 -0168 — MELANO LIQUOR (APN #966- 010 -011) Dear Mr. Jones: The Department of Environmental Health (DEH) has reviewed the application for the above project and offers the following comments: PROJECT SUMMARY This project is proposing a minor Conditional Use Permit to allow Melano Liquor to relocate to 33321 Temecula Parkway, Suite 105, Temecula, CA 92592. It is the understanding of this Department that this project will obtain water and sewer service from a utility company. WATER AND SEWER "WILL- SERVE" LETTER A "Will- Serve" letter from the agency(ies) that will be providing potable water and sanitary sewer service for this project must be submitted to this Department for. review and approval. FOR ANY FOOD FACILITIES 1. Food facilities: a total of three (3) complete sets of plans for each food establishment are needed including a fixture schedule, a finish schedule and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law. 'Food_facility plans should be. submitted to: _ • Department of Environmental Health, District Environmental Services, . - Murrieta 38740 Sky Canyon Drive. Suite A, Murrieta CA 92563 Attention: Plan Check (951) 461 -0284. Plan Check fees are required. - Local Enforcement Agency • P.O. Box 1280, Riverside, CA 92502 -1280 • (909) 955 -8982 FAX (909) 781 -9653 4080 Lemon Street 9th Floor Riverside, CA 92501 Land Use and Water Engineering • P0. Box 1206, Riverside, CA 92502 -1206 • (909) 955 -8980 • FAX (909) 955 -8903 • 4080 Lemon Street, 2nd Floor, Riverside, CA 92501 Eric Jones, Planner City of Temecula June 30, 2010 RIVERSIDE COUNTY - HAZARDOUS MATERIALS MANAGEMENT BRANCH This facility may require a business emergency plan for the storage of hazardous - materials greater than 55 gallons, 200 cubic feet or 500 pounds, or any acutely hazardous materials or extremely hazardous substances. If further review of the site indicates additional environmental health issues, the Hazardous Materials Management Division reserves the right to regulate the business in accordance with applicable County Ordinances. Please contact the Hazardous Materials Management Division, at (951) 358 - 5055 for any additional requirements. If you have any questions regarding this letter please contact me at (951) 955 -8980. Si y, Michael Mistica, R.E.H.S. Environmental Health Specialist IV NOTICE OF PUBLIC HEARING Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No: PA10 -0168 & PA10 -0169 Applicant: Vinod Kapoor Proposal: A Minor Conditional Use Permit and Findings of Public Convenience or Necessity to operate a liquor store (Type -21 License; Off -Sale General) located at 33321 Temecula Parkway, Suite 105 Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA Section 15302, Class1 Existing Facilities Case Planner: Eric Jones, (951) 506 -5115 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: September 1, 2010 Time.of Hearing: 6:00 p.m. PA10 -0168 C �\ (N 1 A iR IVY NN �G) � 0 365 73G 1.,460 Feet Any person may submit written comments to the Planning Commission before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of the hearing. Any petition for judicial review of a decision of the Planning Commission shall be filed within the time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review_ of, which attacks or seeks to set aside, or void any decision of the Planning Commission, shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. The proposed project application may be viewed at the City of Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner at (951) 506 - 5115.