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Home My WebLink About071812 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 41000 MAIN STREET JULY 18, 2012 — 6:00 PM Next in Order: Resolution: 12-16 PRELUDE MUSIC: Earlene Bundy CALL TO ORDER: Flag Salute: Commissioner Harter 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. CITY MANAGER REPORT 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.. CONSENTCALENDAR 1 Minutes RECOMMENDATION: 1 1.1 Approve the Action Minutes of June 20, 2012 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. 2 Planninq Application No. PAl2-0092, a Minor Conditional Use Permit for Chipotle Mexican Grill, a bona fide eatinq establishment, to operate under a Tvpe 47 ABC license (beer, wine, and distilled spirits), located at 32195 Temecula Parkwav #105, Matt Peters RECOMMENDATION: 2.1 Adopt a resolution entitled: PC RESOLUTION NO. 12- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PAl2-0092, A MINOR CONDITIONAL USE PERMIT FOR CHIPOTLE MEXICAN GRILL, A BONA FIDE EATING ESTABLISHMENT, TO OPERATE UNDER A TYPE 47 ABC LICENSE (BEER, WINE, AND DISTILLED SPIRITS) AT 32195 TEMECULA PARKWAY, SUITE105 (APN 960-010-026) 3 Planninq Application No. PAl2-0090, a Minor Conditional Use Permit to allow a new microbrewerv (Refuqe Brewerv) with a tastinq room within an existinq liqht industrial structure, located at 43040 Rancho Wav, Suite 200, Eric Jones RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION NO. 12- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PAl2-0090, A MINOR CONDITIONAL USE PERMIT TO ALLOW A NEW MICROBREWERY (REFUGE BREWERY) WITH A TASTING ROOM WITHIN AN EXISTING LIGHT INDUSTRIAL STRUCTURE LOCATED AT 43040 RANCHO WAY, SUITE 200 (APN 921-040-018) REPORTS FROM COMMISSIONERS z DIRECTOR OF DEVELOPMENT SERVICES REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, August 1, 2012, 6:00 PM City Council Chambers, 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC - The agenda packet (including staff reports) will be available for viewing at City Hall's Planning Department Public Counter located at 41000 Main Street 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 wvw�.citvoftemecula.ora. 3 ITEM 1 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET JUNE 20, 2012 — 6:00 PM Next in Order: Resolution: 12-14 PRELUDE MUSIC: Earlene Bundy CALL TO ORDER: Flag Salute: Commissioner Guerriero Roll Call: Carey, Guerriero, Harter, Kight, and Telesio CONSENTCALENDAR 1 Action Minutes RECOMMENDATION: 1.1 Approve the Action Minutes of June 6, 2012 APPROVED 5-0; MOTION BY COMMISSIONER KIGHT, SECOND BY COMMISSIONER HARTER; VOTE REFLECTED UNANIMOUS APPROVAL 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. 2 Planninq Application No. PA11-0119, a Conditional Use Permit for NewPath/Crown Castle to install a new 40' hiqh concrete street liqht pole as part of its wireless distributed antenna svstem (DAS) Master Plan (Node TM-28) in the Citv of Temecula riqht-of-wav, located on the north side of Leena Wav, 155' northeast of Campanula Wav, Matt Peters APPROVED 5-0; MOTION BY COMMISSIONER KIGHT, SECOND BY COMMISSIONER TELESIO; VOTE REFLECTED UNANIMOUS APPROVAL RECOMMENDATION: 1 2.1 Adopt a resolution entitled: PC RESOLUTION NO. 12-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA11-0119, A CONDITIONAL USE PERMIT FOR CROWN CASTLE TO INSTALL A NEW 40' HIGH TEXTURED STEEL STREET LIGHT POLE AS PART OF ITS WIRELESS DISTRIBUTED ANTENNA SYSTEM (DAS) MASTER PLAN (NODE TM-28) IN THE CITY OF TEMECULA RIGHT-OF-WAY ON THE NORTH SIDE OF SUNNY MEADOWS DRIVE, 155' NORTHEAST OF CAMPANULA WAY (APN 959-203- 024) Karim Fatimi, Temecula resident, addressed the Planning Commission 3 Planninq Application No. PAl2-0081, a Minor Conditional Use Permit and Findinqs of Public Convenience or Necessitv to authorize a Tvpe-47 ABC license for Temecula Lanes Bowlinq Allev, located at 27475 Jefferson Avenue, Eric Jones APPROVED 5-0; MOTION BY COMMISSIONER TELESIO, SECOND BY COMMISSIONER KIGHT; VOTE REFLECTED UNANIMOUS APPROVAL RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION NO. 12-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PAl2-0081, A MINOR CONDITIONAL USE PERMIT AND FINDINGS OF PUBLIC CONVENIENCE OR NECESSITY TO AUTHORIZE A TYPE-47 ABC LICENSE FOR TEMECULA LANES BOWLING ALLEY, LOCATED AT 27475 JEFFERSON AVENUE (APN 909-240-002) REPORTS FROM COMMISSIONERS DIRECTOR OF PLANNING AND DEVELOPMENT REPORT ADJOURNMENT Next regular meeting: Wednesday, July 18, 2012, 6:00 PM City Council Chambers, 41000 Main Street, Temecula, California. Ron Guerriero Patrick Richardson Chairman Director of Planning and Development z ITEM 2 STAFF REPORT—PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: July 18, 2012 PREPARED BY: Matt Peters, Associate Planner PROJECT Planning Application No. PAl2-0092, a Minor Conditional Use SUMMARY: Permit for Chipotle Mexican Grill, a bona fide eating establishment, to operate under a Type 47 ABC license (beer, wine, and distilled spirits) at 32195 Temecula Parkway, Suite105 RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15301, Class 1 Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Harlan Faust, Architect General Plan HT — Highway Tourist Designation: Zoning Designation: SP-10, Vail Ranch Specific Plan Existing Conditions/ Land Use: Site: Existing Multi-tenant Restaurant Building (Current tenants include Panda Express and Red Brick Pizza) North: Burger King and Home Depot across Temecula Parkway South: Ross and Marshall's Department Stores East: Parking lot and 7-11 convenience store across Apis Road West: Applebee's Restaurant Existinq Min/Max Allowable or Required Lot Area: 1.55 Acres 20,000 s.f. minimum lot size 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 May 7, 2012, Harlan Faust submitted Planning Application No. PAl2-0092. The application will allow the restaurant to obtain a Type 47 Alcohol License from the California Department of Alcoholic Beverage Control (ABC). 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 intends to obtain a Type 47 ABC License (On-Sale General Eating Place). The license will allow for the sale and consumption of beer, wine, and distilled spirits. Distilled alcoholic beverage sales at restaurants requires the approval of a Minor Conditional Use Permit. Specifically, Chipotle would offer patrons the option to purchase beer or margaritas along with their meals, but does not have a full service or separate bar. ABC will process findings of Public Convenience or Necessity upon approval of the Minor Conditional Use Permit. No changes are proposed to the structure or site as part of the application. On February 29, 2012 the Planning Department approved PAl2-0002 for a patio outside the restaurant. The patio is separate from the building and does not include a fence or gate to create an enclosure. Therefore, no alcohol is allowed to be served or consumed outside of the restaurant. In addition, the Statement of Operations indicate that alcoholic beverages will be restricted to within the interior dining area only and will not be allowed beyond the entry/exit doors or in the patio area. This project is conditioned to be consistent with the Statement of Operations submitted with the application dated April 23, 2012 and specifying that the hours of operation are 11 a.m. to 10 p.m. daily (PL-8). LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on July 5, 2012 and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1 Existing Facilities). The application will allow Chipotle Mexican Grill restaurant to obtain a Type 47 ABC liquor /icense. The Type 47 liquor /icense will allow for the consumption of beer, wine, and distilled spirits. No modifications are proposed for the existing structure and site plan. FINDINGS Conditional Use Permit (Section 17.04.010) The proposed conditional use is consistent with the General Plan and the Development Code. The use will allow an existing restaurant to pursue a Type 47 ABC liquor /icense. No operational changes to the restaurant are proposed. Per the City of Temecula Development Code (Table 17.08.030), alcoholic beverage sa/es at restaurants, excluding beer and wine, 2 require the approval of a Minor Conditional Use Permit. A Type 47 license is typical for restaurants and will be consistent with General Plan and Development Code policies. 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 application will allow for a Type 47 ABC liquor /icense. Restaurants commonly pursue Type 47 Licenses from ABC as a way to offer their customers a wider selection of beverage choices. As conditioned, the use will be compatible with the nature, condition and development of the adjacent uses, buildings and structures and 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 application will allow for a Type 47 ABC liquor /icense at an existing restaurant. The site will remain 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 nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project has been reviewed by all City Departments and meets all requirements of Development Code and General Plan which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. That the decision to conditionally approve or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. The decision to conditionally approve the application for the conditional use is based on substantial evidence in view of the record as a whole before the Planning Commission. ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A- Draft Conditions of Approval Statement of Operations Notice of Public Hearing 3 �� -- i i � ,-'� _� � / j � � �� - / -- � , _ . . �..". C ��'HNU - _ � . � ..' _ , Lq byY� �—✓ % `.� �' � � � � ' \ � �� \.� � � �� ' c�� ., 9 O \ \ � , ' /' �' � \. \ _ � \\ \ — 1 —' y ',...., _..— —'.. N — �O �\ , ._ �� ; 1 _ \� /� � _, - � � .._ .,. � o m � 1-=� . � , � _-� � i � ' PL112,-��92, '' � , � ` �. , \ / ; ; � � � ,_ � � ,� �� , ; � � , ; S �� R ER �. - ��F � i � � \ � � ., �� RF , --� q � . pR � � �� o zso ' soo , j �� Faa� � �� , �� \ a,� , � �._ � � _'�- - -_ — - - - -�-=-- -- - i � � � m � _ � o� �<wi+w�wu�+ut�e Il!°�1! - 1 ` �� ,�,,,�,�� '�� _ ,� _ � ;� _ �� `� �� I 1 � �� `� � ��, �� `� \�� \�� x �� ,..U' � ��,;,i �� c �wnimuJ yu� e�U4�J ' ' _ �� — — \\ °%' �S �,-,.� �� [ _ ' ; � » o-� � r� � _ _S � — — � � BNNINHINB 8!NqiHtu�INm'fit� '. _ —' _— _ , � � _ �_ _ � ; _�— _ _� ��a, — �. : =� _ � — SHOPPING CENTER SITE PLAN PARCEL BOUNDARIES PYONf0.tt5UMMARY RETAILCFMfRPARKING svnces tlULL�iNGMFOPMATiON 1MC[LNLMtlEe 960.010.0]6 VPC,6nAOVID:ll 2�391 �ryy�p��ON1YPF Gµ[NIhLUP[YGmOi�EMENIA 1�096 q�ryµ�{RFI] nOUYu': 9095T[M[NPawRKW0Y1HWV>y51 I'RC�'QS�A �LLR'Onupp B'v511N�M3� 9V50n� , !EM[CON.G:F.ORN1�9R59RStltV 0.Ff33AOSS) � +AFrvcvACf5R4vA.NING 2]% • <.i4n " m�u°`a ..� � � "^.� lANDSUPING so.•q �� 16a � •°ONM. uxe epo�e eessn<au� noonio.�nwmo.;uaweraorosm 25z - E� cnawco�srucco3v� ix>E.r.o�.isroH ia OL6IIAKY A.I.M LA "'"� rxoPO;r, wc.ra,e w unasc e neen i v VICINRY MO�P SITE INFORMATION q � R � m , Go �� 1 ,�. ,� ARCHIiEQURE ❑ MINOR MODIFICATION TO AN EXISTING RETAIL BUILDING °� �° - -- -��- 32095 Temecula Parkway �Hlghway 79), Temecula, Colllomla ��.._�_ -- -- e � �==� _" — -- � .....! _� � = IM4 1.. � .— .. p �7r �. . �� ,� d -.,.. �,! �- i_�� '�� / . �, � �—� � - _ � .I_ �S � ' � � I � � .-..,. � I �� '� -- -- � IM0 I � s�.�. �. w'� �� '-,�f...��_� _ � ,, � - I ' - � .�'"`� `�1" �]'� ` ' �. �� . _� 1 _.._ � _�.�:_ . f _ � a_ __ °�" � - ' SRE DEMOIRION - - -��_, � --- � "�,>;k_ . -- -- I ._ -- — �'—°� M — / � evM � E °' '^" �" � � �r , , s' _ �, � 1 �� ` �� i� �� i i I� -� — � � � '-= �1 I� f''� `�'� � �D e , _� � ` ;� ' — � -..a_ . _ � - � � LANDSCAPE BAIANCE i FLOOR/SITE PLAN - PROPOSED CHANGES TO EXISTING � , r = �� ARCHIiECiURt MINOR MODIFICATION TO AN EXISTING RETAIL BUILDING °� .'�m � 32095 Temecula Varhway (Highwoy 79J, iemecula, Cailfomia PC RESOLUTION NO. 12- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PAl2-0092, A MINOR CONDITIONAL USE PERMIT FOR CHIPOTLE MEXICAN GRILL, A BONA FIDE EATING ESTABLISHMENT, TO OPERATE UNDER A TYPE 47 ABC LICENSE (BEER, WINE, AND DISTILLED SPIRITS) AT 32195 TEMECULA PARKWAY, SUITE105 (APN 960-010-026) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On May 7, 2012, Harlan Faust filed Planning Application No. PAl2-0092, a Conditional Use Permit Application in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on July 18, 2012, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PAl2-0092 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, Development Code Section 17.04.010 A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The use will allow an existing restaurant to pursue a Type 47 ABC liquor license. No operational changes to the restaurant are proposed. Per the City of Temecula Development Code (Table 17.08.030), alcoholic beverage sales at restaurants, excluding beer and wine, require the approval of a Minor Conditional Use Permit. A Type 47 license is typical for restaurants and will be consistent with General Plan and Development Code policies. 1 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 application will allow for a Type 47 ABC liquor license. Restaurants commonly pursue Type 47 Licenses from ABC as a way to offer their customers a wider selection of beverage choices. As conditioned, the use will be compatible with the nature, condition and development of the 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 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 application will allow for a Type 47 ABC liquor license at an existing restaurant. The site will remain adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The project has been reviewed by all City Departments and meets all requirements of Development Code and General Plan which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. E. That the decision to conditionally approve or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal; The decision to conditionally approve the application for the conditional use is based on substantial evidence in view of the record as a whole before the Planning Commission. 2 Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1 Existing Facilities) The application will allow Chipotle Mexican Grill restaurant a Type 47 license in an existing building. The upgraded license will allow for the consumption of beer, wine, and distilled spirits. No modi�ications are proposed to the existing structure and site plan. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PAl2-0092, a Minor Conditional Use Permit to allow Chipotle Mexican Grill restaurant to obtain a Type 47 ABC license located at 32195 Temecula Parkway, Suite 105 in Temecula, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. 3 Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 18� day of July, 2012. Ron Guerriero, 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. 12- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 18� day of July, 2012, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary 4 EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PAl2-0092 Project Description: A Minor Conditional Use Permit for Chipotle Mexican Grill, a bona fide eating establishment, to operate under a Type 47 ABC license (beer, wine, and distilled spirits) at 32195 Temecula Parkway, Suite105 Assessor's Parcel No.: 960-010-026 MSHCP Category: NA (No New Square Footage/Grading) DIF Category: NA (No New Square Footage) TUMF Category: NA (No New Square Footage) Quimby Category: Exempt (Non-Residential) Approval Date: July 18, 2012 Expiration Date: July 18, 2014 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 pollars ($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 herebyagree 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 1 include any agency or instrumentalitythereof, 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. 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 complywith their Statement of Operations submitted April23, 2012, on file with the Planning Department, unless superseded by these Conditions of Approval. Hours of Operation shall be 10 a.m. to 11 p.m. daily. PL-9. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (951-676-5090). PL-10. This Conditional Use Permit may be revoked pursuantto Section 17.03.080 ofthe 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 2 conditionally approved hereunder for anyviolations of the conditions imposed on such Conditional Use Permit or forthe maintenance of any nuisance condition or other code violation thereon. POLICE DEPARTMENT General Requirements PD-1. Applicant has applied for a Type 47 On-Sale, General — Eating Place (Restaurant) license, which authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises and authorizes the sale of beer and wine for consumption off the licensed premises. Applicant must operate and maintain the licensed premises as a bona fide eating place. Minors are allowed on the premises. PD-2. Applicant shall complywith Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. PD-3. Applicant must complete a LEAD training either given by the Department of Alcoholic Beverage Control, or an ABC certified equivalent course. PD-4. Applicant shall ensure that no alcohol is sold to or consumed by any person under the age of 21. PD-5. 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 anyof the 50 States or Territories of the United States; (e) valid U.S. Passport; (� valid government issued identification card issued by a Federal, State, County or City agency. PD-6. As noted above, only a valid government issued identification card issued bya Federal, State, County or City agency is acceptable, providing it complies with Section 25660 of the Business and Profession Code (B&P), which includes the following requirements: (a) name of person; (b) date of birth; (c) physical description; (d) photograph; (e) currently valid (not expired). It is the responsibility of the business owner and any person who serves or sells alcohol to be aware of current laws and regulations pertaining to alcoholic beverages. PD-7. Sections 24200.5 (b) and 25657 (a) (b) B&P; Rule 143 CCR: Section 303 (a) (PC): On- sale licensees may not: (a) employ hosts, hostesses, or entertainers who solicit others to buythem drinks, alcoholic or non-alcoholic; (b) payoragree to paysuch an employee a percentage of the receipts from the sales of drinks solicited; (c) permit any person whether an employee or not, to loiter for the purpose of soliciting an alcoholic drink. PD-8. Type 41, 47 and 49 licensees must operate and maintain their licensed premises as a bona fide eating place. They must make actual and substantial sale of ineals, during the normal meal hours that they are open, at least five days a week. Normal meal hours are: breakfast 6:00 a.m. — 9:00 a.m., lunch 11:00 a.m. — 2:00 p.m., and dinner 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 open. The premises must be equipped and maintained in good faith. This means the premises must possess working refrigeration and cooking devices, pots, pans, utensils, table service, condiment dispensers, menus, posters, signs, and enough goods to make substantial meals. The premises must complywith all regulations of the 3 local health department. Incidental, sporadic or infrequent sales of ineals or a mere offering of ineals without actual sales is not compliance. "Meals" means the usual assortment of food commonly ordered at various hours of the day. The service of only sandwiches orsalads is notconsidered compliance. However, certain specialtyentrees, such as pizza, fish or ribs, and an assortment of other foods, such as soups, salads or desserts, may be considered a meal. The Department will presume that a licensee is operating as a bona fide eating place if the gross sales of food prepared and sold to guests on the premises exceeds the gross sales of alcoholic beverages. "Prepared" means any processing preliminary to the final serving of food. (Note: Some licensees have a"conditional" license that requires food sales to be 50°� or more of the total gross sales Sections 23038 and 23787 B&P). PD-9. Licensees may not sell, give, or deliver alcohol (bythe drink or bythe 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-10. 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 anytime 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-11. 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 premises area includes the parking lot ( Sections 24200 (a) (B&P) and 25601 B&P; 316 PC). PD-12. Applicant shall 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 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 Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. PD-13. Events where entertainment is to be provided must abide bythe 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 anysexual acts which are prohibited by law; (b) the touching, caressing or fondling of the breasts, 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 4 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 Section 311.6 PC if conduct is "obscene". PD-14. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. 5 il � . .� �...' Monday, April 23, 2012 � �� ,�� , i.� �, ; � .� .; . �� '`� � City of Temecula Planning Department 43200 Business Park Drive MAY 0'7 2012 Temecula, CA 92589 �� _. uH� .._. ..�.�w,..�.m� Re: Chipotle Mexican Grill: Statement of Operations Good Morning: I have prepared the following written statement for the request of a Minor Conditional Use Permit to the lease space at the Redhawk Towne Center, located in the City of Temecula. A detailed description of the equipment proposed for the event: Chipotle will install standard restaurant equipment that meets California Retail Food Code. Hours and days of operation: Hours and days of operation will be from I I am to 10 pm. Chipotle will be open daily; 7 days a week except major holidays. Number of employees: Chipotle estimates a total of 30 employees. Proposed private security (if required): No private security is required on site. Estimated number of people in attendance: Chipotle Mexican Grill estimates 600 customers per day. Total number of parking spaces eliminated for the event: Parking will be shared with the Redhawk Shopping Center. Indicate if food will be provided: Chipotle Mexican Grill to engage in the sale of burritos, wraps, fajitas and tacos. Indicate if alcohol will be provided: This application is for the approval of liquor sales only for Chipotle Mexican Grill Restaurant. Indicate if live entertainment or loud music will be provided: Live entertainment or loud music will not be provided on site. Indicate all types of structures to be provided (lights, tents, signs, fences, etc.): Chipotle's scope of work includes tenant interior and exterior alteration to an existing shell building. All structures, driveways, parking areas, site work, utilities, landscaping exist unless noted otherwise. Indicate how many portable restrooms will be provided, if any: No portable restrooms will be provided on site. Chipotle Mexican Grill will provide customers with one male and female laboratory inside the lease. space. Indicate if ADA (handicap) paths are existing on site: The shopping center provides an existing ADA (handicap) path of travel which meets current ADA code. Sincerely, Harlan R. Faust I 4344 "Y" STREET SUITE 101 OMAHA, NEBRASKA 68 I 37 P 402.895.0878 F 402.895.9561 \ i\ �'-�-.., � �� ' �� Notice of Public Hearing � ...�1989� A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No: PAl2-0092 Applicant: Harlan Faust, Archited Proposal: A Minor Conditional Use Permit for Chipotle Mexican Grill, a bona fide eating establishment, to operate under a Type 47 ABC license (beer, wine, and distilled spirits) at 32195 Temecula Parkway, Suite105 Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of 6cemption will be adopted in compliance with CEQA (Section 15301, Class 1, Existing Facility) Case Planner: Matt Peters, (951) 694-6408 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: July 18, 2012 Time of Hearing: 6:00 PM � SEM E � U`PPKy o2 � PAl2-0092 a 0 Z / �'f- � �,Z� � A 0 250 540 �� Feei The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the City's website — vww�.citvoftemecula.ora. Any Supplemental Material distributed to a majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m.). In addition, such material will be made available on the City's website — vww�.citvoftemecula.orq — and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please call the Planning Department, (951) 694-6400. C:Nrogrem Files (x86)Weevia.COm�DOCUment ConverterVemp\1829.tloc ITEM 3 STAFF REPORT—PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: July 18, 2012 PREPARED BY: Eric Jones, Case Planner PROJECT Planning Application No. PAl2-0090, a Minor Conditional Use SUMMARY: Permit to allow a new microbrewery (Refuge Brewery) with a tasting room within an existing light industrial structure located at 43040 Rancho Way, Suite 200 RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15301, Class 1 Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Glenn Wichert on behalf of Refuge Brewery General Plan Industrial Park (IP) Designation: Zoning Designation: Light Industrial (LI) Existing Conditions/ Land Use: Site: Existing Industrial Building (LI) North: Rancho Way, Existing Fuel Station/Light Industrial South: Existing Storage Facility/Light Industrial East: Diaz Road, Murrieta Creek/Open Space West: Existing Auto Repair/Light Industrial Existinq/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 May 2, 2012, Glenn Wichert, on behalf of Refuge Brewery, submitted Planning Application No. PAl2-0090. 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 proposed brewery involves the manufacturing of beer for Refuge Brewery, Inc. Per Section 17.08.030 of the Temecula Development Code, manufacturing uses are permitted on the project site which is developed with an existing building and zoned Light Industrial. The project involves interior improvements to the existing 3,447 square foot leasehold. As part of the project the applicant proposes a retail/tasting room to allow the general public to taste the beer manufactured on site before making a selection to purchase beer directly from the facility. Per Development Code Section 17.10.020.B.3, all businesses, establishments, or facilities offering the sale of alcoholic beverages shall require a Conditional Use Permit unless the alcohol sales are incidental to the primary business. The sale of alcohol will be the primary business of Refuge Brewery. The proposed leasehold area for the business totals 3,447 square feet, with the proposed tasting room occupying 516 square feet. This amount is equal to 15 percent of the total square footage for the establishment. The retail sale of beer requires a Type 23 License from the California Department of Alcohol Beverage Control (ABC). According to ABC, a Finding of Convenience or Necessity is not required for a Type 23 license. Beer manufacturing hours will be Monday through Sunday from 7 a.m. to 8 p.m. Retail/tasting hours will be Monday through Sunday from 10 a.m. to 8 p.m. The project is consistent with the Development Code requirements for the Light Industrial zoning district and the Supplemental Development Standards for Alcohol Beverage Sales. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on July 5, 2012 and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1 Existing Facilities). The proposed project will be within an existing building and involves minor tenant improvements. These improvements will not result in the creation of any new square footage to the structure or changes to the site plan. z FINDINGS Conditional Use Permits (Section 17.04.10.E) The proposed conditional use is consistent with the General Plan and the Development Code. The proposed conditional use is consistent with the General Plan and the Development Code. The proposed Minor Conditional Use Permit is intended to allow for a beer manufacturer (brewery) with incidental retail and tastings. The business is located in the Light lndustrial zone that permits manufacturing uses. The alcohol sa/es component of the business is a conditionally permitted use. As conditioned the project 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 brewery and tasting facility will be located within an existing building in an industrial structure. Tenants in the structure include other light industrial uses. The proposed conditional use is compatible with and will not adversely affect other 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 beer manufacturing use is a non-commercial business with a support retail tasting room that is 15 percent of the business floor area. The proposed conditional use will be located within an existing industrial building adequate in size and shape to accommodate all utilitarian aspects of the project so that the use will integrate with the existing tenants on site. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. As conditioned, the proposed brewery and tasting room will not be detrimental to the health, safety and general welfare of the community. The project is subject to the requirements of the Municipal Code that protect 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 conditionally approve the Conditional Use Permit for Refuge Brewery lnc. is based on substantial evidence in view of the record as a whole before the Planning Commission. 3 ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A- Draft Conditions of Approval Statement of Operations Notice of Public Hearing a ✓ \ � � �� /�� \ �� 0 � �� ' � � \ � � pY �, ��; � � � , � , :, �� \ � '� %\ � . ; , � � , � � , � . � � �. . �� i� ; �� , , � � � ,-�— � , � � �� , � os \ �, �� G � � ` � , �Q , . � ` 0��. �. � � � � . . , �� . ,p � _ . � � V A � �� \ '� �a � , � � � � �, � � �' � �., �. , � �� j °� .�' \ ' � � \ ,, , : o � � / � � � PAl2-0090 �. �� \ � , � � �� '�. �� \ ,, , � ,-� � �� j" � �: %,,� , � . . : , , � , � , , � � � � / �� ,% � � , � _ � � � \ � ,/ , , , , ` \ ,\ , 9G �, 5��,, � �� qn, / �� o � , � � � o � zso soo Faa� PQ � L � 9�� 0� n 42' 0" q5 2" ADA ADA � � — RecoNS Restroom Res�mwn ProtluctlanAreas ii antl Busiress Storega 55"x36' II �� Room I� f] 1980sqk li Grain 12'zi4' 12'xi4' (inclWingTasfingArea �� 5�� EmP�YKeg isaz� '� ian " Sro� �� .�..xs.�., �� C 46s9 Brewhouse -___ i ___ _ FertneMation Ratics C Na�Avay � � � �, 4 �� 24'x9' - � �' p' 216sqft Main �ashn9Area Entry � Displayarea 26'x79'-00" 14'�4' CO2 �� .� 516 sqR / � Staage 336sqfl A2a Waik-In �'� '19�10�� abiiret 44" Tall 4'Xt2' COOIer / 4&qfl 22'xt1' �' � � z4zsqft � , Bomirgarea r �'� Shi i /ReceiNn F Rall lJp DoOr � Zz' Q" ADACOUn4r 37' 4" � No�s: Tasting area is 14.9Y at tlie tobl Building Area 63' 4 " Building area is 3447 sqft Tasting area is 516 sqR Refuge Brewery, Inc. % 43040 Roncho Way, Suite 200 � Refuge&ewery,inc. � Temecula CA 92590 �,p__ FloorPlan �. e RB01004 E a: x,x-r � i t z PC RESOLUTION NO. 12- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PAl2-0090, A MINOR CONDITIONAL USE PERMIT TO ALLOW A NEW MICROBREWERY (REFUGE BREWERY) WITH A TASTING ROOM WITHIN AN EXISTING LIGHT INDUSTRIAL STRUCTURE LOCATED AT 43040 RANCHO WAY, SUITE 200 (APN 921-040-018) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On May 2, 2012, Glenn Wichert, on behalf of Refuge Brewery, filed Planning Application No. PAl2-0090, a Conditional Use Permit Application, in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on July 18, 2012, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PAl2-0090 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Conditional Use Permit, Development Code Section 17.04.10.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. The proposed Minor Conditional Use Permit is intended to allow for a beer manufacturer (brewery) with incidental retail and tastings. The business is located in the Light Industrial zone that permits manufacturing uses. The alcohol sales component of the business is a conditionally permitted use. As conditioned the project is consistent with the General Plan and Development Code. 1 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 brewery and tasting facility will be located within an existing building in an industrial structure. Tenants in the structure include other light industrial uses. The proposed conditional use is compatible with and will not adversely affect other 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 beer manufacturing use is a non-commercial business with a support retail tasting room that is 15 percent of the business floor area. The proposed conditional use will be located within an existing industrial building adequate in size and shape to accommodate all utilitarian aspects of the project so that the use will integrate with the existing tenants on site. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; As conditioned, the proposed brewery and tasting room will not be detrimental to the health, safety and general welfare of the community. The project is subject to the requirements of the Municipal Code that protect 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 conditionally approve the Conditional Use Permit for Refuge Brewery Inc. is based on substantial evidence in view of the record as a whole before the Planning Commission. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1 Existing Facilities) z The proposed project will be within an existing building and involves minor tenant improvements. These improvements will not result in the creation of any new square footage to the structure or changes to the site plan. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA10-0090, a Minor Conditional Use Permit to allow a new microbrewery (Refuge Brewery) with a tasting room within an existing light industrial structure located at 43040 Rancho Way, Suite 200, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. 3 Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 18th day of July, 2012. Ron Guerriero, 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. 12- 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 July, 2012, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary a EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PAl2-0090 Project Description: A Minor Conditional Use Permit to allow a new microbrewery (Refuge Brewery) with a tasting room within an existing light industrial structure located at 43040 Rancho Way, Suite 200 Assessor's Parcel No.: 921-040-018 MSHCP Category: N/A (No New Square Footage/Grading) DIF Category: N/A (No New Square Footage) TUMF Category: N/A (No New Square Footage) Quimby Category: N/A (Non-Residential Project) Approval Date: July 18, 2012 Expiration Date: July 18, 2014 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 pollars ($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 herebyagree 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 instrumentalitythereof, 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 1 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. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan. PL-10. The applicant shall complywith their Statement of Operations submitted June 22, 2012, on file with the Planning Department, unless superseded by these Conditions of Approval. PL-11. This Conditional Use Permit may be revoked pursuantto Section 17.03.080 ofthe City's Development Code. PL-12. 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 anyviolations of the conditions imposed on such Conditional Use Permit or forthe maintenance of any nuisance condition or other code violation thereon. z PL-13. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (951-676-5090). PL-14. Hours of operation for tasting shall be 10 a.m. to 8 p.m. Monday through Sunday. PL-15. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris fortenant improvements. Onlythe City's franchisee may haul demolition and construction debris. OUTSIDE AGENCIES PL-16. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated May24, 2012, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT General Conditions/Information B-1. All design components shall complywith applicable provisions ofthe 2010 edition of the California Building, Plumbing and Mechanical Codes; 2010 California Electrical Code; California Administrative Code,2010 California Energy Codes, 2010 California Green building Standards, California Title 24 Disabled Access Regulations, Temecula Municipal Code. B-2. 2010 California Green Building Standards Provide 10°� Voluntary Measures on project. B-3. Provide details of all applicable disabled access. All ground floor units to be adaptable. B-4. Provide disabled access from the public way to the main entrance of the building. B-5. Provide van accessible parking located as close as possible to the main entry. B-6. Show path of accessibility from parking to furthest point of improvement. B-7. Show path of travel from public right way to all public areas on site ( club house, trash enclose tot lots and picnic areas B-8. Obtain all building plans and permit approvals prior to commencement of any construction work. B-9. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. At Plan Review Submittal B-10. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. B-11. Provide specs on all brewery equipment. 3 Prior to Issuance of Building Permit(s) B-12. Provide appropriate stamp of a registered professional with original signature on plans. FIRE PREVENTION General Requirements F-1. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. Prior to Issuance of Building Permit(s) F-2. Fire sprinkler 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. Fire sprinkler tenant improvement plans will be required for this project. F-3. Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted bythe installing contractorto 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. Fire alarm tenant improvement plans will be required for this project. F-4. The applicant shall submit for review and approval by the City Fire Department a Hazardous Material Inventory and floor plan. A full hazardous materials inventory report and color coded floor plan is required for any building storing or using hazardous materials (CFC Chapter 1 and 28 through 44, and Temecula CityOrdinance 15.16.020). This is required for the CO2 that you will have in storage. Prior to Issuance of Certificate of Occupancy F-5. 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 and Temecula City Ordinance 15.16.020). POLICE DEPARTMENT General Requirements PD-1. Applicant has applied for a Type 23 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, although some do have a restaurant or pub on their manufacturing plant. a PD-2. Applicant will complywith Ordinance 97-07, 0.14.010 Temecula Municipal Code series. PD-3. 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 anyof the 50 States or Territories of the United States; (e) valid U.S. Passport; (� valid government issued identification card issued by a Federal, State, and County or City agency. PD-4. As noted above, only a valid government issued identification card issued bya Federal, State, County or City agency is acceptable, providing it complies with Section 25660 of the Business and Profession Code (B&P), which includes the following requirements: (a) name of person; (b) date of birth; (c) physical description; (d) photograph; (e) currentlyvalid (not expired). PD-5. Sections 24200.5 (b) and 25657 (a) (b) B&P; Rule 143 CCR: Section 303 (a) (PC): On- sale licensees may not: (a) employ hosts, hostesses, or entertainers who solicit others to buythem drinks, alcoholic or non-alcoholic; (b) payor agree to paysuch an employee a percentage of the receipts from the sales of drinks solicited; (c) permit any person whether an employee or not, to loiter for the purpose of soliciting an alcoholic drink. PD-6. Licensees may not sell, give, or deliver alcohol (bythe drink or bythe 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 boughtthe 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. 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 anytime 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-8. 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-9. 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 oranysexual 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. s 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-10. Licensees may not permit their licensed premises to be a problem for the local law enforcement agency by needing an undue number of calls for service. The licensed premise includes the parking lot (Sections 24200 (a) (B&P). PUBLIC WORKS DEPARTMENT PW-1 The site plan and tenant improvement plan(s) must show that the trash enclosure associated with this project will be equipped with a solid roof cover to prevent comingling of stormwater with any food and drink-related byproduct or waste. The cover must be installed priorto the final building inspection. Upon completion ofthe roof cover, the applicant must contact the City's NPDES engineer for verification. s RIVERSIdE CdUNTY COMMUN. HEALTH AGENCY L�EPARTMENT OF ENVIRONMENTAI,., HEA1,.,TH May 24, 2012 �� Crty of Temecula J� � � Planning Department � � ,�Q�� Attn: Eric Jones, Project Planner +�1'_ P.O. Box 9033 �_„ Temecula, CA 92589 �° SUBJECT: PA#12-0090 — REFUGE BREWERY MINOR CUP (ASSESSORS PARCEL NUMBER#921-040-018) Dea.r Mr. Jones: In accordance with the agreement between the County of Riverside, Department of Environmental Health (DEI-� and the City of Temecula, DEH offers the following comments for the project referenced in the subject heading of this letter: BREWERY AND BEER TASTING ROOM Per Sta.te of California, Assembly Bill No. 1014, Chapter 159, premises set aside for beer tasting by a beer manufacturer, as defined to include any holder of a beer manufacturer's license, any holder of an out-of-state beer manufacturer's certificate, or any holder of a beer and wine unporter's generallicense may be exempted from certain regulatory provisions under the California Retail Food Facilities Code. However, this facility shall be required to contact DEH District Environmental Services for assessment of compliance with current requirements. • Department of Environmental Health, District Environmental Services, Murrieta 38740 Sky Canyon Drive. Suite A, Murtieta CA 92563 Attention: Plan Check (951) 461-0284. Plan Check fees aze required. POTABLE WATER AND SAI�TITARY SEWER SERVICE This project shall be required to obtain Rancho Califorrua Water District (RCWD) potable water service and Eastern Municipal Water District (EMWD) sanitary sewer service. A"will-serve" letter sha11 be required for the proposal of potable water service from RCWD. However, per Memorandum of Understanding between the County of Riverside and EMWD, no "will-serve" letters shall be required for this project since it is located within EMWD's service area. Please nvte that it is the responsibility of the developer to ensure that a11 requirements to obtain patable water and sanitary sewer service are met with the water and sewer purveyor, as well as, a11 other applicable agencies. Eric Jones, Project Planner � City of Temecula, Planning Department May 24, 2012 H[��ZARDOUS MATERIALS MANAGEMENT BRANCH (f-R�:�.B)• The facility will require a Business Emergency Plan (BEP) for the storage of haza.rdous materials greater than 55 gallons, 200 cubic feet or 500 pounds, or any acutely hazardous materials or extremely hazardous substances which includes bevera.ge CO2 compressed air tanks. If further review of the site indicates additional environmental health issues, HMMB reserves the right to regulate the business in accordance with applicable County Ordinances. Please contact �IlVIMB at (951) 461-0284 to obtain information regarding any additionai requirements. Should you have any questions regarding this letter, please contact me by phone at (951) 955-8980. S' ly, Michael Mistica, MBA, REHS Environmental Protection and Oversigh# Division Land Use and Water Resources Program Environmental Resources Management Dis�ision • Land Use/Water Engineering Program 4080 Lemon St.. 2 rtl Ffoor, Rivers(de. CA 92501 •(95 t i 95&&982 • FAX (951 j 781-9553 38686 E! Cemto Rd.. Palm Desert. CA 9229 f•(7S0) 393-3390 • FAX /7S0) 8&3-7013 \ \ /� REF�IGE BRE�IERY \� �� >� STATEMENT OF OPERATIONS 1. Proposed Purpose: Brewing beer for retail sales and sales to walk-in customers. 2. Equipment: Grain mill, mash tun, boil kettle, fermenters, pumps, hoses, refrigeration and kegs. 3. Hours and days of Operation: Beer manufacturing hours will be 7 a.m. to 8 p.m. - Monday through Sunday Tasting Room hours will be 1 o a.m. to 8 p.m. - Monday through Sunday 4. Number of Employees: 1-4 5. Private Security: No private security required. 6. Parking: Parking spaces are not designated and based on the operations of the facility, there is more than adequate parking to accommodate the use. 7. Tasting room capacity: Less than 36. 8. Handicap paths: An existing accessible path of travel serves the proposed brewery. There is existing accessible parking on site. 9. Association: There is no association at this building. ��j � Notice of Public Hearing 19R9 A PUBLIC HEARWG has been scheduled before the City of Temecula PLANNWG COMMISSION to consider the matter described below Case No: PAl2-0090 Applicant Glenn Wichert, on behalf of Refuge Brewery, Inc. Proposal: A Minor Conditional Use Permit to allow a new microbrewery (Refuge Brewery) with a tasting room within an existing light industrial structure located at 43040 Rancho Way, Suite 200 Environmental: In accordance with the California Environmental Quality Ad (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Sedion 15301, Class 1, Existing Facilities) Case Planner. Eric Jones, (951) 506-5115 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: July 18, 2012 Time of Hearing: 6:00 p.m. ��5 � O , J �� , �� . � � �� ` PAl2-0090 � p � ��.... \o\ � � p ,�� - P �o , o� � � � �?' � : � �. o zeo =aa � � � F�t The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting. Ai that time, the packet may also be accessed on the Citys website — www.citvoftemecula.orq. My Supplemental Material distributed to a majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m.). In addition, such material will be made available on the City's website — www.citvoftemecula.orq — and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please call the Planning Department, (951) 694-6400. CVProgram Files (x86)ANeevia.COmVDOCUmen[ Converter�[empA1833 doc