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HomeMy WebLinkAbout050113 PC AgendaIn 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 MAY 1, 2013 — 6:00 PM PRELUDE MUSIC: CALL TO ORDER: Flag Salute: Roll Call: PUBLIC COMMENTS Earlene Bundy Commissioner Carey Carey, Guerriero, Harter, Kight, and Telesio Next in Order: Resolution: 13-19 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 Action Minutes of April 17, 2013 1 PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee. 2 Planning Application No. PA13-0024, a Minor Conditional Use Permit for Blackbird Tavern, a bona fide eating establishment, to upgrade their existing Type 41 (on -sale beer/wine eating place) ABC license to a Type 47 (on -sale general beer/wine/distilled spirits eating place) ABC license, located at 41958-41964 5th Street, Kenny Taylor RECOMMENDATION: 2.1 Adopt a resolution entitled: PC RESOLUTION NO. 13- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA13-0024, A MINOR CONDITIONAL USE PERMIT FOR BLACKBIRD TAVERN TO UPGRADE THEIR EXISTING TYPE 41 (ON SALE BEER/WINE EATING PLACE) ABC LICENSE TO A TYPE 47 (ON -SALE GENERAL BEER/WINE/DISTILLED SPIRITS EATING PLACE) ABC LICENSE AT 41958- 41964 5TH STREET (APN 922-033-005) 3 Planning Application No. PA13-0050, a Minor Conditional Use Permit for Canvas and Cabernet, an artistic painting and acrylic canvas creations establishment, to operate under a Type 42 (on -sale beer and wine) ABC license for the sale of beer and wine to art class customers, located at 39628 Winchester Road, Suite F (Rancho Temecula Town Center), Kenny Taylor 3.1 Adopt a resolution entitled: PC RESOLUTION NO. 13- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO PA13-0050, A MINOR CONDITIONAL USE PERMIT FOR CANVAS AND CABERNET, AN ARTISTIC PAINTING AND ACRYLIC CANVAS CREATIONS ESTABLISHMENT, TO OPERATE UNDER A TYPE 42 (ON -SALE BEER AND WINE) ABC LICENSE FOR THE SALE OF BEER AND WINE TO ART CLASS CUSTOMERS AT 39628 WINCHESTER ROAD, SUITE F (RANCHO TEMECULA TOWN CENTER) (APN 920-100-038) 2 4 Planning Application No. PA13-0028, a Minor Conditional Use Permit for Garage Brewing Company & Pizzeria, a bona fide eating eating establishment, to allow for a Type 23 (Small Beer Manufacturer - Brew Pub or Micro -brewery) ABC license to operate as an ancillary use to the proposed Garage Brewing Company & Pizzeria restaurant, to be located at 29095 Old Town Front Street, Kenny Taylor 4.1 Adopt a resolution entitled: PC RESOLUTION NO. 13- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA13-0028, A MINOR CONDITIONAL USE PERMIT FOR GARAGE BREWING COMPANY AND PIZZERIA TO ALLOW FOR A TYPE 23 (SMALL BEER MANUFACTURER — BREW PUB OR MICRO -BREWERY) ABC LICENSE TO OPERATE AS AN ANCILLARY USE TO THE PROPOSED GARAGE BREWING COMPANY & PIZZERIA RESTAURANT, A BONA FIDE EATING ESTABLISHMENT TO BE LOCATED AT 29095 OLD TOWN FRONT STREET (APN 922-110-031) 5 Planning Application No. PA13-0070, a Minor Conditional Use Permit for Spuntino's Pizzeria restaurant, a bona fide eating establishment, to upgrade their existing Type 41 (on -sale beer and wine) ABC license to a Type 47 (on -sale general beer/wine/distilled spirits eating place) ABC license, located at 31891 Rancho California Road, Suite F-200 and 300 (Meadows Village Shopping Center), Kenny Taylor RECOMMENDATION: 5.1 Adopt a resolution entitled: PC RESOLUTION NO. 13- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA13-0070, A MINOR CONDITIONAL USE PERMIT FOR SPUNTINO'S PIZZERIA TO UPGRADE THEIR EXISTING TYPE 41 (ON SALE BEERIWINE EATING PLACE) ABC LICENSE TO A TYPE 47 (ON -SALE GENERAL BEERIWINE/DISTILLED SPIRITS EATING PLACE) ABC LICENSE AT 31891 RANCHO CALIFORNIA ROAD, SUITE F-200 & 300 (APN 954-030-002) REPORTS FROM COMMISSIONERS DIRECTOR OF COMMUNITY DEVELOPMENT REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, May 15, 2013, 6:00 PM City Council Chambers, 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC 3 The agenda packet (including staff reports) will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 PM the Friday before the Planning Commission meeting. At that time, the agenda packet may also be accessed on the City's website — www.cityoftemecula.orn — and will be available for public viewing at the respective meeting. Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the Commission regarding any item on the agenda, after the posting of the agenda, will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula, 8:00 AM — 5:00 PM). In addition, such material may be accessed on the City's website — www.cityoftemecula.orq — and will be available for public viewing at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the Planning Department at the Temecula Civic Center, (951) 694-6400. 4 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]. ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET APRIL 17, 2013 — 6:00 PM PRELUDE MUSIC: CALL TO ORDER: Flag Salute: Roll Call: PUBLIC COMMENTS A total of 15 minutes on items that are not you desire to speak colored "Request to Secretary. Next in Order: Resolution: 13-11 Earlene Bundy Commissioner Kight Carey, Guerriero, Harter, Kight, and Telesio is provided so members of the public may address the Commission listed on the Agenda. Speakers are limited to three minutes each. If to the Commission about an item not on the Agenda, a salmon Speak" form should be filled out and filed with the Commission 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. Mary Towel!, Temecula resident, addressed the Planning Commission CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Action Minutes of April 3, 2013 APPROVED 5-0; MOTION BY COMMISSIONER HARTER, SECOND BY COMMISSION KIGHT; VOTE REFLECTED APPROVAL 1 PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee. 2 CONTINUED FROM APRIL 3, 2013: Planning Application Nos. PA11-0276, PA11- 0275, PA11-0277, a Zone Change to change the zoning from Professional Office to Planned Development Overlay 13 (PDO -13) to create zoning and residential development standards, a Development Plan to construct a two phase residential project on a 22.73 acre site consisting of a 325 apartment unit complex and associated amenities (Phase I) and 49 age restricted single-family units (Phase II), and a Tentative Tract Map to create 49 age restricted lots and 7 lots that will comprise the apartment unit complex, located on the northeast corner of Pechanga Parkway and Loma Linda Road, Eric Jones RECOMMEND CITY COUNCIL DENIAL 4-1-0-0; MOTION BY COMMISSIONER KIGHT, SECOND BY COMMISSIONER TELESIO; HARTER AGAINST Brad Sullivan, Temecula resident, addressed the Planning Commission Mary Boyll, Temecula resident, addressed the Planning Commission Katherine Neinoto, Temecula resident, addressed the Planning Commission Paul Jacobs, Temecula resident, addressed the Planning Commission Mary Towel!, Temecula resident, addressed the Planning Commission Mrs. Lewis addressed the Planning Commission Matt Weaver, Lee & Associates, addressed the Planning Commission 3 Planning Application Nos. PA12-0226 and PA12-0227, a Major Modification to allow a reduction in the number of buildings (from three totaling 65,640 square feet to two totaling 54,860 square feet) and a revision of the architecture for a previously approved Development Plan, and a Minor Exception to increase the height of the Halcon Rojo Medical office complex by 3'-3", located on the north side of Temecula Parkway, approximately 400 feet east of the Jedediah Smith and Temecula Parkway intersection, Eric Jones APPROVED 5-0; MOTION BY COMMISSIONER KIGHT, SECOND BY COMMISSIONER GUERRIERO; VOTE REFLECTED UNANIMOUS APPROVAL RECOMMENDATION: 3.1 Adopt a resolution entitled: 2 PC RESOLUTION NO. 13-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NOS. PA12-0226 AND PA12-0227, A MAJOR MODIFICATION TO ALLOW A REDUCTION IN THE NUMBER OF BUILDINGS (FROM THREE TOTALING 65,640 SQUARE FEET TO TWO TOTALING 54,860 SQUARE FEET) AND A REVISION OF THE ARCHITECTURE FOR A PREVIOUSLY APPROVED DEVELOPMENT PLAN, AND A MINOR EXCEPTION TO INCREASE THE HEIGHT OF THE HALCON ROJO MEDICAL OFFICE COMPLEX BY 3'-3", LOCATED ON THE NORTH SIDE OF TEMECULA PARKWAY, APPROXIMATELY 400 FEET EAST OF THE JEDEDIAH SMITH AND TEMECULA PARKWAY INTERSECTION (APN 959-060-007) 4 Planning Application No. PA13-0022, a Conditional Use Permit for Crown Castle to install a new 40 -foot high textured street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TP -07) in the City of Temecula right-of-way on the south side of Date Street approximately 440 feet west of the centerline of Kingwood Road, Matt Peters APPROVED 5-0; MOTION BY COMMISSIONER HARTER, SECOND BY COMMISSIONER GUERRIERO; VOTE REFLECTED UNANIMOUS APPROVAL RECOMMENDATION: 4.1 Adopt a resolution entitled: PC RESOLUTION NO. 13-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA13-0022, A CONDITIONAL USE PERMIT FOR CROWN CASTLE TO INSTALL A NEW 40 - FOOT HIGH TEXTURED STREET LIGHT POLE AS PART OF ITS WIRELESS DISTRIBUTED ANTENNA SYSTEM (DAS) MASTER PLAN (NODE TP -07) IN THE CITY OF TEMECULA RIGHT-OF-WAY ON THE SOUTH SIDE OF DATE STREET APPROXIMATELY 440 FEET WEST OF THE CENTERLINE OF KINGWOOD ROAD 5 Planning Application No. PA12-0233, a Conditional Use Permit for Crown Castle to install a new 40 -foot high textured street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TP -20) in the City of Temecula right-of-way at the southeast corner of Redhawk Parkway and El Chimisal Road, Matt Peters APPROVED 5-0; MOTION BY COMMISSIONER HARTER, SECOND BY COMMISSIONER GUERRIERO; VOTE REFLECTED UNANIMOUS APPROVAL RECOMMENDATION: 5.1 Adopt a resolution entitled: 3 PC RESOLUTION NO. 13-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA12-0233, A CONDITIONAL USE PERMIT FOR CROWN CASTLE TO INSTALL A NEW 40 - FOOT HIGH TEXTURED STREET LIGHT POLE AS PRT OF ITS WIRELESS DISTRIBUTED ANTENNA SYSTEM (DAS) MASTER PLAN (NODE TP -20) IN THE CITY OF TEMECULA RIGHT-OF-WAY AT THE SOUTHEAST CORNER OF REDHAWK PARKWAY AND EL CHIMISAL ROAD 6 Planning Application No. PA12-0234, a Conditional Use Permit for Crown Castle to install a new 40 -foot high textured street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TP -21) in the City of Temecula right-of-way on the south side of Regina Drive, approximately 195 feet east of the center line of Valentino Way, Matt Peters APPROVED 5-0; MOTION BY COMMISSIONER HARTER, SECOND BY COMMISSIONER GUERRIERO; VOTE REFLECTED UNANIMOUS APPROVAL RECOMMENDATION: 6.1 Adopt a resolution entitled PC RESOLUTION NO. 13-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA12-0234, A CONDITIONAL USE PERMIT FOR CROWN CASTLE TO INSTALL A NEW 40 - FOOT HIGH TEXTURED STREET LIGHT POLE AS PART OF ITS WIRELESS DISTRIBUTED ANTENNA SYSTEM (DAS) MASTER PLAN (NODE TP -21) IN THE CITY OF TEMECULA RIGHT-OF-WAY ON THE SOUTH SIDE OF REGINA DRIVE, APPROXIMATELY 195 FEET EAST OF THE CENTER LINE OF VALENTINO WAY 7 Planning Application No. PA12-0235, a Conditional Use Permit for Crown Castle to install a new 40 -foot high textured street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TP -23) in the City of Temecula right-of-way on the north side of Redhawk Parkway, approximately 15 feet west of the center line of Callesito Vallarts, Matt Peters CONTINUED TO MAY 15, 2013, APPROVED 5-0; MOTION BY COMMISSIONER HARTER, SECOND BY COMMISSIONER CAREY; VOTE REFLECTED UNANIMOUS APPROVAL 8 Planning Application No. PA12-0237, a Conditional Use Permit for Crown Castle to install a new 40 -foot high textured street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TP -26) in the City of Temecula right-of-way on the north side of Redhawk Parkway, approximately 101 feet east of the centerline of Via Puebla, Matt Peters CONTINUED TO MAY 15, 2013, APPROVED 5-0; MOTION BY COMMISSIONER HARTER, SECOND BY COMMISSIONER CAREY; VOTE REFLECTED UNANIMOUS APPROVAL William Kelley, Fairway HOA, addressed the Planning Commission Sharon Matus, Temecula resident, addressed the Planning Commission 4 REPORTS FROM COMMISSIONERS DIRECTOR OF COMMUNITY DEVELOPMENT REPORT ADJOURNMENT Next regular meeting: Wednesday, May 1, 2013, 6:00 PM City Council Chambers, 41000 Main Street, Temecula, California. John Telesio Chairman 5 Patrick Richardson Director of Community Development DATE OF MEETING: PREPARED BY: PROJECT SUMMARY: RECOMMENDATION: CEQA: STAFF REPORT— PLANNING CITY OF TEMECULA PLANNING COMMISSION May 1,2013 Kenny Taylor, Case Planner Planning Application No. PA13-0024, a Minor Conditional Use Permit for Blackbird Tavern, a bona fide eating establishment, to upgrade their existing Type 41 (on sale beer/wine eating place) ABC license to a Type 47 (on -sale general beer/wine/distilled spirits eating place) ABC license, located at 41958-41964 5th Street Approve with Conditions Categorically Exempt Section 15301, Class 1 Existing Facilities PROJECT DATA SUMMARY Name of Applicant: General Plan Designation: Zoning Designation: Existing Conditions/ Land Use: Lot Area: Jill Nelson Specific Plan Implementation (SPI) Old Town Specific Plan: Downtown Core District (DTC) Site: Restaurant/ Downtown Core District (DTC) North: South: East: West: Retail, Office, Restaurant, and Residential (DTC) Retail, Office, and Automotive Repair (DTC) Single Family Home (converted to office) (DTC) Vacant Lot, Restaurant, and Office (DTC) Existing/Proposed 0.16 acres Total Floor Area/Ratio: N/A Landscape Area/Coverage: N/A Parking Required/Provided: N/A 1 Min/Max Allowable or Required N/A for existing legal lots N/A N/A N/A BACKGROUND SUMMARY On February 7, 2013, Jill Nelson submitted Planning Application No. PA13-0024. The application consisted of a Minor Conditional Use Permit to allow for Blackbird Tavern, a bona fide eating establishment, to upgrade their existing Type 41 (on sale beer/wine eating place) ABC license to a Type 47 (on -sale general beer/wine/distilled spirits eating place) ABC license. 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 Blackbird Tavern will be located within an existing freestanding restaurant previously known as GrandDadz Hot Dogs in Old Town. The applicant currently possesses a Type 41 ABC license to sell beer and wine at a bona fide public eating place, and is requesting approval of Conditional Use Permit to allow a Type 47 ABC license in order to sell beer, wine, and distilled spirits at a bona fide public eating place. Specifically, Blackbird Tavern would provide a full bar offering cocktails, wine, beer, and distilled spirits. Staff has confirmed with The California Department of Alcoholic Beverage Control (ABC) that the Planning Commission does not make the finding of Public Convenience or Necessity application (PCN) for restaurants. ABC will process the findings of Public Convenience or Necessity upon approval of the Minor Conditional Use Permit after the license application process has been initiated. ABC also indicated that the applicant must state their case in support of the PCN to ABC rather than to the local jurisdiction in the request of upgrading existing Type 41 ABC license to a Type 47 ABC license for a bona fide eating establishment. Alcohol service would be provided within the Blackbird Tavern site consisting of an approximately 18,000 square foot indoor and outdoor facility secured by perimeter fencing, including a commercial kitchen, service bar, outdoor fire pits, and dining room. The proposed hours of operation are 11 a.m. to 10 p.m. Sunday through Thursday, and 11 a.m. to 2 a.m. Friday and Saturday. The restaurant will serve soups, salads, sandwiches, burgers, and an assortment of dinner plates. There will be no live entertainment proposed within the restaurant/bar area, which is only allowed upon approval of a Conditional Use Permit pursuant to the Old Town Specific Plan, and the applicant has been advised that outdoor live entertainment is strictly prohibited. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on April 18, 2013 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 Blackbird Tavern restaurant to obtain a Type 47 ABC license. The Type 47 ABC license will allow for the consumption of beer, wine, and distilled spirits. The proposed project will be within an existing building and involves minor tenant and building 2 facade improvements. These improvements will not result in the creation of any new square footage to the structure. FINDINGS The proposed conditional use is consistent with the General Plan and the Development Code. The use will allow Blackbird Tavern to pursue a Type 47 ABC license. The project is conditioned to be consistent with the Statement of Operations as 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 ABC license is typical for restaurants and will be consistent with General Plan and Development Code policies. The Old Town Specific Plan also requires the approval of a Minor Conditional Use Permit for the sale of alcoholic beverages within a bona fide eating establishment. 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. Restaurants serving full alcohol as an ancillary use to bona fide eating establishments are typical in the Downtown Core District Zone of the Old Town Specific Plan. The proposed application has been reviewed to ensure it is compatible with the nature, condition, and development of adjacent uses, buildings, and structures. Further, 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 license at an existing restaurant location. 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 as 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 meets all requirements of the Development Code, General Plan, and Old Town Specific 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 a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Planning Commission. 3 ATTACHMENTS Aerial Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Statement of Operations and Justification Notice of Public Hearing 4 City of Temecula 0 50 100 200 Feet This map was made by the City of Temecula Geographic Information System. 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DMP`LY *Mg MN W 1OR.1A MUM, COMM WIZ u **CALMS.",R9pawzu NARICN. • OSMIUM 00•111.41..141,51.0‘.1.4111 ..^.ARR9PPp� CYY9RO.11.•M 11)19 - MMVIIMIIMM • MV O W av • J45� Klemm • AVVIMIAM PC RESOLUTION NO. 13- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA13-0024, A MINOR CONDITIONAL USE PERMIT FOR BLACKBIRD TAVERN TO UPGRADE THEIR EXISTING TYPE 41 (ON SALE BEER/WINE EATING PLACE) ABC LICENSE TO A TYPE 47 (ON -SALE GENERAL BEER/WINE/DISTILLED SPIRITS EATING PLACE) ABC LICENSE AT 41958-41964 5TH STREET (APN 922-033-005) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On February 7, 2013, Jill Nelson filed Planning Application No. PA13-0024 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 May 1, 2013, 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. PA13-0024 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 Blackbird Tavern to pursue a Type 47 ABC license. The project is conditioned to be consistent with the Statement of Operations as 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. The Old Town Specific Plan also requires the approval of a Minor C:1Program Files (x86)1Neevia.Com\Document Converterltempl3988.docx Conditional Use Permit for the sale of alcoholic beverages within a bona fide eating establishment. 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; Restaurants serving full alcohol as an ancillary use to bona fide eating establishment are typical in the Downtown Core District Zone of the Old Town Specific Plan. The proposed application has been reviewed to ensure it is compatible with the nature, condition and development of adjacent uses, buildings and structures. Further, 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 license at an existing restaurant location. 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 as required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The project meets all requirements of the Development Code, General Plan, and Old Town Specific 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 a Conditional Use Permit has been 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: C:1Program Files (x86)1Neevia.Com\Document Converterltempl3988.docx 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 Blackbird Tavern restaurant to obtain a Type 47 ABC license. The Type 47 ABC license will allow for the consumption of beer, wine, and distilled spirits. The proposed project will be within an existing building and involves minor tenant and building facade improvements. These improvements will not result in the creation of any new square footage to the structure. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA13-0024, a Minor Conditional Use Permit for Blackbird Tavern, a bona fide eating establishment, to upgrade their existing Type 41 (on sale beer/wine eating place) ABC license to a Type 47 (on -sale general beer/wine/distilled spirits eating place) ABC license at 41958-41964 5th Street subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. C:1Program Files (x86)1Neevia.Com\Document Converterltempl3988.docx Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 1st day of May, 2013. John Telesio, 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. 13- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 1st day of May, 2013, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary C:1Program Files (x86)1Neevia.Com\Document Converterltempl3988.docx EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA13-0024 Project Description: A Minor Conditional Use Permit for Blackbird Tavern, a bona fide eating establishment, to upgrade their existing Type 41 (on sale beer/wine eating place) ABC license to a Type 47 (on -sale general beer/wine/distilled spirits eating place) ABC license, at 41958- 41964 5th Street Assessor's Parcel No.: 922-033-005 and 922-033-006 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: May 1, 2013 Expiration Date: May 1, 2015 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 Fifty Dollars ($50.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/ developer has not delivered to the Planning 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. 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 7, 2013, on file with the Planning Department, unless superseded by these Conditions of Approval. Hours of Operation shall be Sunday through Thursday 10 a.m. to 11 p.m. and Friday through Saturday 11 a.m. to 2 a.m. 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 pursuant to Section 17.03.080 of the City's Development Code. PL -11. No live entertainment is permitted as part of this Conditional Use Permit application. Any proposed live entertainment would require amendment to the approved Conditional Use Permit or approval of a Temporary Use Permit in conformance with the Old Town Specific Plan. 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 any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. POLICE DEPARTMENT PD -1. Applicant has applied to upgrade from a type 41 (beer and wine) to 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 comply with 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, possessed by 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 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 -6. As noted above, only a valid government issued identification card issued by a Federal, State, County or City agency is acceptable, providing it complies with Section 25660 of the Business and Profession Code (B&P), which includes the following requirements: (a) name of person; (b) date of birth; (c) physical description; (d) photograph; (e) currently valid (not expired). It is the responsibility of the business owner and any person who serves or sells alcohol to be aware of current laws and regulations pertaining to alcoholic beverages. 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 buy them drinks, alcoholic or non-alcoholic; (b) pay or agree to pay such an employee a percentage of the receipts from the sales of drinks solicited; (c) permit any person whether an employee or riot, 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 meals, 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 comply with all regulations of the local health department. Incidental, sporadic or infrequent sales of meals or a mere offering of meals 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 or salads is riot considered compliance. However, certain specialty entrees, 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 (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 -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 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 riot 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. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. BUILDING AND SAFETY DEPARTMENT No conditions FIRE PREVENTION No conditions PUBLIC WORKS DEPARTMENT No conditions Statement of Operations Blackbird Tavern 41958 5th Street, Temecula, CA 92590 Upgrade to 47 License Applicant: Jill Nelson Date: 2/7/2013 Hours of Operation: Sun—Thurs: 11a -10p; Fri & Sat 11a -2a 7 Days a week 15-20 employees to include chef, service staff and administration Indoor / Outdoor facility able to accommodate 500 people. No Parking will be eliminated Gastro Pub Cuisine Available Wine and Beer License existing transfer / upgrade to include liquor No Scheduled Live Entertainment Structures existing to compliance with City and State agencies and code Restrooms existing on site — ADA Approved Statement of Justification Blackbird Tavern 41958 5th Street, Temecula, CA 92590 Upgrade to 47 License Applicant: Jill Nelson Date: 2/7/2013 Blackbird Tavern site consists of approx. 18,000sq feet fenced facility indoor and outdoor, with commercial kitchen, service bar, and dining room adequate of providing dining and events for small and large groups within Old Town Temecula. There are no parking restrictions for business and would have no diverse effects on traffic circulation and street systems accessible from Old Town Front Street, Mercedes Drive and Alley next to the existing property. Located in the entertainment / business District of Old Town Temecula, surrounded by 15 restaurants, taverns, tourism, shopping, city hall, community theater, wine tasting, transportation center, parks, city events center, merchants and offices there would be no adverse impact on general welfare of persons presiding in the City of Temecula. Design of project is compatible and exists within the business / entertainment district offices. Case No: Applicant: Proposal: Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: PA13-0024 Jill Nelson A Minor Conditional Use Permit for Blackbird Tavern, a bona fide eating establishment, to upgrade their existing Type -41 ABC license (on sale beer/Wine eating place) to a Type -47 license (on -sale general beer/wine/liquor eating place) at 41958-41964 5th Street In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15301, Class 1, Existing Facility) Kenny Taylor, (951) 240-4203 City of Temecula, Council Chambers May 1, 2013 6:00 p.m. Project Site Notice of Public Hearing The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the City's website — www.cityoftemecula.orq. Any Supplemental Material distributed to a majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m. In addition, such material will be made available on the City's website — www.cityoftemecula.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. G:IPLANNING120131PA13-0924 Blackbird Tavern CUP\Planning\PC-Hearing\PC NOPH.doc DATE OF MEETING: PREPARED BY: PROJECT SUMMARY: RECOMMENDATION: CEQA: STAFF REPORT— PLANNING CITY OF TEMECULA PLANNING COMMISSION May 1,2013 Kenny Taylor, Case Planner Planning Application No PA13-0050, a Minor Conditional Use Permit for Canvas and Cabernet, an artistic painting and acrylic canvas creations establishment, to operate under a Type 42 (on - sale beer and wine) ABC license for the sale of beer and wine to art class customers at 39628 Winchester Road, Suite F (Rancho Temecula Town Center) Approve with Conditions Categorically Exempt Section 15301, Class 1 Existing Facilities PROJECT DATA SUMMARY Name of Applicant: General Plan Designation: Zoning Designation: Existing Conditions/ Land Use: Lot Area: Nicole Mosier Community Commercial (CC) SP -1 (Roripaugh Hills) Site: Existing commercial building suite/Community Commercial North: Santa Gertrudis Creek and existing single family residential/Open Space and County of Riverside — Medium Density Residential South: Existing shared parking lot/Community Commercial East: Existing Chaparral Storage Facility/Community Commercial West: Existing commercial building/Community Commercial Existinq/Proposed 2.38 acres Total Floor Area/Ratio: 1,200 Sq. Ft Landscape Area/Coverage: N/A Parking Required/Provided: N/A 1 Min/Max Allowable or Required N/A for existing legal lots N/A N/A N/A BACKGROUND SUMMARY On March 5, 2013, Nicole Mosier submitted Planning Application No. PA13-0050, for a Conditional Use Permit and Finding of Public Convenience or Necessity for Canvas and Cabernet, an artistic painting and acrylic creations establishment, to provide the incidental sales of alcohol (Type 42 ABC license beer and wine only) to their customers in the Community Commercial Zone addressed as 39628 Winchester Road, Suite F (Rancho Temecula Town Center). 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 Canvas and Cabernet is proposing to locate in the Rancho Temecula Town Center, occupying approximately 1,200 of the total 1,800 square foot existing commercial suite. The business will provide artistic painting and acrylic canvas class sessions ranging from 35 to 50 student customers. The applicant will process a building permit for a tenant improvement to modify the existing suite floor plan to include a dry bar, storage room and restroom. No additional building area is proposed beyond the existing building area. The proposed hours of operation will be 10 a.m. to 10 p.m., seven days a week. The service or preparation of meals will not be provided with the exception of light pre-packaged snacks. There will be no live entertainment or loud music proposed in the building suite. The site has a shared reciprocal parking agreement with all tenants within the center and the proposed use will comply with the minimum onsite parking requirements pursuant to the Development Code. A detailed Statement of Operations and Letter of Justification have been attached. California Department of Alcohol Beverage Control (ABC) considers the census tract in which the project site is located to be "over -concentrated" in off -sale licenses. For this reason, Public Convenience or Necessity findings will be required. In order for the Finding of Public Convenience or Necessity to be made, the proposed use must be compatible with the surrounding land uses and not result in an excessive number of similar establishments in close proximity. The incidental sale of beer and wine at the Canvas and Cabernet is a compatible and consistent land use when compared to the other commercial retail type businesses in the Rancho Temecula Town Center and surrounding area. As provided by the State of California Department of Alcohol and Beverage Control, the census tract is considered over -concentrated when there are more than two "Off Sale" licenses. Currently, there are eight active licenses within Census Tract 0432.17. These licenses are for on -sale Type -41, Type -42, and Type -47 permits for restaurant and retail businesses such as Beverages and More, Kick N Wings, Rodrigos Mexican Grill, and Pho 777 Express. These businesses are located off Winchester Road within the Rancho Temecula Town Center, an area already populated with other facilities providing alcohol. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on April 18, 2013 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). 2 The request for a Minor Conditional Use Permit and Finding of Public Convenience or Necessity for a Type 42 (On -sale Beer and Wine) at the proposed Canvas and Cabernet will be conducted in an existing building suite in a developed retail shopping center. All access and public utilities are available to the site. The proposed use, with issuance of a Conditional Use Permit, is in conformance with all zoning requirements of the Development Code. FINDINGS The proposed conditional use is consistent with the General Plan and the Development Code. As proposed, Canvas and Cabernet will operate as an artistic painting and acrylic canvas creations establishment with the primary purpose of offering artistic painting and acrylic canvas creation class sessions to their customers. The service of beer and wine would serve as an incidental use to the establishment operations. The proposed use is consistent with the City of Temecula General Plan which specifies that the Community Commercial (CC) designation includes retail, professional office, and service oriented business activities serving the entire community. The Canvas and Cabernet is proposed within an existing shopping center. The sale of alcohol is an incidental use to the establishment. Development Code Section 17.10.020.8.2 allows for the incidental sale of alcoholic beverages in conjunction with an otherwise allowable use as a conditionally permitted use. 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. Canvas and Cabernet is proposed in an existing building suite in a shopping center within the Community Commercial zone. 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 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 42 ABC license at an existing building suite location. 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 as 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 meets all requirements of the 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. 3 That the decision to conditionally approve or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. The decision to conditionally approve the application for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Planning Commission. Public Convenience or Necessity (Development Code Section 17.10.020.B.5) Is the proposed use consistent with the General Plan and the Development Code? As proposed, Canvas and Cabernet will operate as an artistic painting and acrylic canvas creations establishment with the primary purpose of offering artistic painting and acrylic canvas creation class sessions to their customers. The proposed use is consistent with the City of Temecula General Plan which specifies that the Community Commercial (CC) designation includes retail, professional office, and service oriented business activities serving the entire community. Canvas and Cabernet is proposed within an existing shopping center. The sale of alcohol is an incidental use to the establishment. Development Code Section 17.90.020.B.2 allows for the incidental sale of alcoholic beverages in conjunction with an otherwise allowable use as a conditionally permitted use. Is the proposed use compatible with the nature, condition and character of the adjacent land uses? Canvas and Cabernet is proposed in an existing building suite in a shopping center within the Community Commercial Zone. This center includes Beverages and More Super Retail Store, Kick N Wings Restaurant, Pho 777 Express Restaurant, Rodrigo's Mexican Grill, Navy Federal Credit Union Bank, LA Fitness Gymnasium, and other retail and restaurant uses. The incidental sale of beer and wine at the establishment is compatible with the nature, condition and character of adjacent land uses. Will the proposed use have an adverse affect on adjacent land uses? It is not anticipated that the proposed use will have an adverse affect on adjacent land uses, as all of the adjacent land uses are primarily community commercial type uses, and the proposed project is anticipated to add to the convenience and diversity of uses located within the center: Would the proposed use result in an excessive number of similar establishments in close proximity? With regard to the over concentration of existing licenses in the census tract, three licenses are allowed before Census Tract 0432.17 is considered to be over -concentrated by ABC's standards. Eight licenses currently exist for three restaurants, two grocery stores, two licenses for Beverages and More Super Retail Store, and one at Rite Aid. These businesses are all assembled in the existing commercial center located off Winchester Road and Nicolas Road. A ninth license (for Canvas and Cabernet) in the census tract for on -sale beer and wine at the establishment would not result in an excessive number of similar establishments in close proximity. 4 ATTACHMENTS Aerial Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Statement of Operations Statement of Justification Notice of Public Hearing 5 City of Temecula 0 62.5 125 250 Feet This map was made by the City of Temecula Geographic Information System. The map is derived from base data produced by the Riverside County Assessor's Department and the Transportation and Land Management Agency of Riverside County. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. Data and information represented on this map are subject to update and modification. The Geographic Information System and other sources should be queried for the most current information. This map is not for reprint or resale. PROPOSED CANVAS AND CABERNET 0 N PROJECT LOCATION ALL .e IIIi•�'I°� �'•C++1YlYla...t;:it lil��� It°0 Ot•►!ILH1 ±fro (IMP* LILA). 110 0111 1.1111 hICOIAM ROAD Ir SII'E PLAN > INDEX .•OSIL* • RMI I— •B MKT MU CMPLY MK 118 WA MN. 1 an MO COMMA IMAM ma MIM a nM as Of • MAMA . IILM MMC /w Mi a Ov aala&ROM Oat YIP • Olt atR •alArMIm<arIMO •SaSh- oo WOW l•COM lM•. IIII • • •Mit ra MOP WM Maw AM fa AMC 011[1•1 WAN= SP • • • •,, • \ • • • • [DRY BAR Li • •0 ' <9..• r PC RESOLUTION NO. 13- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO PA13-0050, A MINOR CONDITIONAL USE PERMIT FOR CANVAS AND CABERNET, AN ARTISTIC PAINTING AND ACRYLIC CANVAS CREATIONS ESTABLISHMENT, TO OPERATE UNDER A TYPE 42 (ON -SALE BEER AND WINE) ABC LICENSE FOR THE SALE OF BEER AND WINE TO ART CLASS CUSTOMERS AT 39628 WINCHESTER ROAD, SUITE F (RANCHO TEMECULA TOWN CENTER) (APN 920-100- 038) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On March 5, 2013 Nicole Mosier filed Planning Application No. PA13- 0050, 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 May 1, 2013, 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. PA13-0050 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; As proposed, Canvas and Cabernet will operate as an artistic painting and acrylic canvas creations establishment with the primary purpose of offering artistic painting and acrylic canvas creation class sessions to their customers. The service of beer and wine would serve as an incidental use to the establishment operations. The proposed use is consistent with the City of Temecula General C:1Program Files (x86)1Neevia.Com\Document Converterltempl3992.docx Plan which specifies that the Community Commercial (CC) designation includes retail, professional office, and service oriented business activities serving the entire community. The Canvas and Cabernet is proposed within an existing shopping center. The sale of alcohol is an incidental use to the establishment. Development Code Section 17.10.020.B.2 allows for the incidental sale of alcoholic beverages in conjunction with an otherwise allowable use as a conditionally permitted use. 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; Canvas and Cabernet is proposed in an existing building suite in a shopping center within the Community Commercial zone. 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 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 42 ABC license at an existing building suite location. 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 as required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The project meets all requirements of the 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 a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Planning Commission. C:1Program Files (x86)1Neevia.Com\Document Converterltempl3992.docx Findings of Public Convenience 17.10.020.13.5) F. Is the proposed use Development Code? or Necessity (Development Code Section consistent with the General Plan and the As proposed, Canvas and Cabernet will operate as an artistic painting and acrylic canvas creations establishment with the primary purpose of offering artistic painting and acrylic canvas creation class sessions to their customers. The proposed use is consistent with the City of Temecula General Plan which specifies that the Community Commercial (CC) designation includes retail, professional office, and service oriented business activities serving the entire community. Canvas and Cabernet is proposed within an existing shopping center. The sale of alcohol is an incidental use to the establishment. Development Code Section 17.10.020.8.2 allows for the incidental sale of alcoholic beverages in conjunction with an otherwise allowable use as a conditionally permitted use. G. Is the proposed use compatible with the nature, condition and character of the adjacent land uses: Canvas and Cabernet is proposed in an existing building suite in a shopping center within the Community Commercial Zone. This center includes Beverages and More Super Retail Store, Kick N Wings Restaurant, Pho 777 Express Restaurant, Rodrigo's Mexican Grill, Navy Federal Credit Union Bank, LA Fitness Gymnasium, and other retail and restaurant uses. The incidental sale of beer and wine at the establishment is compatible with the nature, condition and character of adjacent land uses. H. Will the proposed use have an adverse affect on adjacent land uses? It is not anticipated that the proposed use will have an adverse affect on adjacent land uses, as all of the adjacent land uses are primarily commercial retail type uses, and the proposed project is anticipated to add to the convenience and diversity of uses located within the center. Would the proposed use result in an excessive number of similar establishments in close proximity? With regard to the over concentration of existing licenses in the census tract, three licenses are allowed before Census Tract 0432.17 is considered to be over -concentrated by ABC's standards. Eight licenses currently exist for three restaurants, two grocery stores, two licenses for Beverages and More Super Retail Store, and one at Rite Aid. These businesses are all assembled in the existing commercial center located off Winchester Road and Nicolas Road. A ninth license (for Canvas and Cabernet) in the census tract for on -sale beer and C:1Program Files (x86)1Neevia.Com\Document Converterltempl3992.docx wine at the establishment would 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 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 request for a Minor Conditional Use Permit and Finding of Public Convenience or Necessity for a Type 42 (On -sale Beer and Wine) at the proposed Canvas and Cabernet will be conducted in an existing building suite in a developed retail shopping center. All access and public utilities are available to the site. The proposed use, with issuance of a Conditional Use Permit, is in conformance with all zoning requirements of the Development Code. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA13-0050, a Minor Conditional Use Permit for Canvas and Cabernet, an artistic painting and acrylic canvas creations establishment, to operate under a Type 42 (on -sale beer and wine) ABC license for the sale of beer and wine to art class customers at 39628 Winchester Road, Suite F (Rancho Temecula Town Center), subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. C:1Program Files (x86)1Neevia.Com\Document Converterltempl3992.docx Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 1st day of May, 2013. John Telesio, 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. 13- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 1st day of May, 2013, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary C:1Program Files (x86)1Neevia.Com\Document Converterltempl3992.docx EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA13-0050 Project Description: Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Quimby Category: A Minor Conditional Use Permit for Canvas and Cabernet, an artistic painting and acrylic canvas creations establishment, to operate under a Type 42 (on -sale beer and wine) ABC license for the sale of beer and wine to art class customers at 39628 Winchester Road, Suite F (Rancho Temecula Town Center) 920-100-038 NA (No New Square Footage/Grading) NA (No New Square Footage) NA (No New Square Footage) Exempt (Non -Residential) Approval Date: May 1, 2013 Expiration Date: May 1, 2015 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL -1. General 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 Fifty Dollars ($50.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/ developer has not delivered to the Planning 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)). 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. 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 March 5, 2013, on file with the Planning Department, unless superseded by these Conditions of Approval. Hours of Operation shall be 10 a.m. to 10 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 pursuant to Section 17.03.080 of the City's Development Code. PL -11. No live entertainment is permitted as part of this Conditional Use Permit application. Any proposed live entertainment would require amendment to the approved Conditional Use Permit or approval of a Temporary Use Permit in conformance with the 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 riot 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 riot 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 -13. 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. BUILDING AND SAFETY DEPARTMENT General Conditions B-1. Final Building and Safety conditions will be addressed when building plans are reviewed and submitted to Building and Safety. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are in force at the time of building plan submittal. B-2. All design components shall comply with applicable provisions of the 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-3. Indicate on plans location of disabled parking. 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. Obtain all building plans and permit approvals prior to commencement of any construction work. At Plan Review Submittal B-7. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. B-8. Where food or drink is served at counters exceeding 34" in height for consumption by customers seated or standing at the counter, a portion of the counter which is 60" in length must be provided for persons with disabilities. Section 11046.4, 11226.3, and 1122B.5.4 of the 2010 CBC. Prior to Issuance of Building Permit(s) B-9. 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. F-2. Fire sprinkler plans May be required and 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-3. Fire alarm plans may be required 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-4. 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 (CFC Chapter 5). POLICE DEPARTMENT General Requirements PD -1. Applicant has applied for a Type 42 License (On -Sale Beer & Wine — Bar, Tavern). A Type 42 license authorizes the sale of beer and wine for consumption on or off the premises where sold. No distilled spirits may be on the premises. Minors may not enter and remain except as provided in B&P Section 25663.5. Food Service is not required. PD -2. Applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. PD -3. Applicant shall ensure that no alcohol is sold to, possessed 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 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 -6. 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 -7. 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 -8. Events where entertainment is to be provided 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 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 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 -9. 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 -10. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. The Temecula Police Department provides free training for all employers and employees involved in the service and sales of alcoholic beverages. It is the responsibility of the applicant to set up a training session for all new employees. Contact the Crime Prevention and Plans Unit at (951) 506-5131 to set up a training date. Training must be completed prior to the grand opening of this business and periodic updated training conducted when new employees/ management are hired. PD -11. Any public telephones located on the exterior of the building shall be placed in a well -lighted, highly visible area, and installed with a "call -out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the building. PD -12. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5131. PUBLIC WORKS DEPARTMENT No conditions CANVAS AND CABERNET 39540 Winchester Road Temecula Town Center Suite C6 Temecula, CA 92591 STATEMENT OF OPERATION 1. The site will include a small bar for the serving and storage of beer and wine, and two refrigerators. 2. Hours of Operation: 10.00am to 10:00pm 3. Number of Employees: 2 4. Estimated people in attendance: 20-50. Classes will conducted on Tuesday through Friday from 6:00pm to 9:00pm. Saturday and Sunday will have multiple. The first will begin at 10:30am and the last will end at 9:30pm. 5. Estimated number of parking spaces required: 20 6. Meals will not be provided, but we will offer light snacks such as bagged chips, etc. 7. Beer and wine will be sold to customers. All customers will be at least 21 years of age. 8. No live entertainment or loud music will be played. 9. No external structures will erected at the site with the exception of approved business signs in accordance with building management. 10. No portable restrooms will be used. 11. ADA paths are available on site and the additional bathroom will be ADA accessible. CANVAS AND CABERNET 39540 Winchester Road Temecula Town Center Suite C6 Temecula, CA 92591 STATEMENT OF JUSTIFICATION 1. The intended site location has a total square footage of1800 SF and is intended to accommodate a class size of 35 — 50 students. The size and dimensions of the site are ideal for the proposed business and its activities. A storage room and restroom will be amtracted to be added to the site and a bar for the serving and storage of wine and beer will also be included on the site. Tile resulting square footage remaining for the conduct of classes is roughly 1200 SF. 2. Currently, the Rancho Temecula Town Center has a number ofvacancies and the resultant traffic circulation in the shared parking area is good and by no means overcrowded. The addition of 35 — 50 customers in the Rancho Temecula Town Center during afternoon and evening hours should in no way degrade traffic flow. In addition, all adjacent streets have a minimum of two lanes, which Canvas and Cabernet would also not adversely affect. 3. Canvas and Cabernet is an entertainment and self-improvement venue, intended to enhance the existing businesses and residential areas. The sale of wine and beer is included as a part of the business plan and class experience, making the business only available to those over the age of 21. No other age restricted businesses are located within the Rancho Temecula Town Center. Furthermore business hours for Canvas and Cabernet are from 10:00am to 10:00pm, which closely mirror those of the other existing businesses in the shopping center. 4. The surrounding area of Rancho Temecula Town center is laxgely residential with most all immediate businesses located within the Town Center itself. Due to the fact that Canvas and Cabernet is more of a self- improvement business and that the sale of will le and beer is an enhancement to the entertainment experience, it will not have the possible negative impact within the district that a bar might bring. Case No: Applicant: Proposal: Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: PA13-0050 Nicole Mosier A Minor Conditional Use Permit for Canvas and Cabernet, an artistic painting and acrylic canvas creations establishment, to operate under a Type 42 ABC license (on -sale beer and wine) for the sale of beer and wine to art class customers at 39628 Winchester Road, Suite F In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15301, Class 1 Existing Facility) Kenny Taylor, (951) 240-4203 City of Temecula, Council Chambers May 1, 2013 6:00 p.m. Project Site Notice of Public Hearing The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the City's website — www.cityoftemecula.orq. Any Supplemental Material distributed to a majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m. In addition, such material will be made available on the City's website — www.cityoftemecula.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. G:IPLANNING120131PA13-0050 Canvas and Cabernet CUP\PIanning\PC-Hearing\PC NOPH.doc DATE OF MEETING: PREPARED BY: PROJECT SUMMARY: RECOMMENDATION: CEQA: STAFF REPORT— PLANNING CITY OF TEMECULA PLANNING COMMISSION May 1, 2013 Kenny Taylor, Case Planner Planning Application No. PA13-0028, a Minor Conditional Use Permit for Garage Brewing Company and Pizzeria, a bona fide eating establishment, to allow for a Type 23 (Small Beer Manufacturer - Brew Pub or Micro -brewery) ABC license to operate as an ancillary use to the proposed restaurant to be located at 29095 Old Town Front Street Approve with Conditions Categorically Exempt Section 15301, Class 1 Existing Facilities PROJECT DATA SUMMARY Name of Applicant: General Plan Designation: Zoning Designation: Existing Conditions/ Land Use: Lot Area: Louis Kashmere Highway Tourist Commercial (HT) Highway Tourist Commercial (HT) Site: Existing Automotive Service Garage (previously Express Tire)/Highway Tourist Commercial (HT) North: Existing Concrete Batch Mix Plant/Highway Tourist Commercial (HT) South: Existing Shell Gasoline Station/Highway Tourist Commercial (HT) East: Vacant Lot/Highway Tourist Commercial (HT) West: Riverside County Flood Control Easement/Open Space (OS) Total Floor Area/Ratio: Existing/Proposed Min/Max Allowable or Required 0.85 N/A 4,633 Sq. Ft N/A Landscape Area/Coverage: N/A N/A Parking Required/Provided: 35 Spaces Proposed 30 Spaces Required 1 BACKGROUND SUMMARY On February 11, 2013, Louis Kashmere, on behalf of Garage Brewing Company and Pizzeria, submitted Planning Application No. PA13-0028. The application consisted of a Minor Conditional Use Permit to allow for a Type 23 (Small Beer Manufacturer — Brew Pub or Micro - brewery) ABC license to operate as an ancillary use to the proposed Garage Brewing Company & Pizzeria restaurant, a bona fide eating establishment. In addition, the applicant is requesting an accessory tasting area of about 228 square feet for customers to sample and purchase the specialty beer selections. 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 Garage Brewing Company & Pizzeria will be located within what is currently an automotive service garage, which will be modified to accommodate the restaurant. The applicant has closed the automotive service shop and processed a building permit as well as a Minor Modification Application to create a new pizzeria restaurant to include a brew pub and tasting room. The total square -footage of the building is 4,633 square feet, which includes the restaurant dining area, tasting room, brewing room, restrooms, administrative offices, storage, and coolers. The site has a total of 29 full size parking spaces and an additional 39 proposed motorcycle spaces. The project will comply with all minimum development standards including minimum onsite parking. No additional building area is proposed beyond the existing building envelope. The applicant is currently in the process of obtaining a Type 23 (Small Beer Manufacturer - Brew Pub or Micro -brewery) ABC license that will operate within the proposed restaurant. Proposed hours of operations are from 11 a.m. to 10 p.m., seven days per week. The restaurant meals will feature personal crafted pizzas, salads, desserts, and fountain drink beverages. No live entertainment is proposed. Per the Development Code, the Highway Commercial designation is intended to include tourist accommodations which may include the serving of alcohol incidental to restaurants. Furthermore, the Development Code states that restaurants (with or without the sale of beer and wine) are permitted in this zone. The purpose of the proposed Conditional Use Permit is to allow for the micro -brewery scale manufacturing of beer from this location as an ancillary use to the restaurant. Staff has learned from the California Department of Alcoholic Beverage Control (ABC) that a Public Convenience or Necessity application (PCN) will not be necessary for this use. ABC does not take census tract information into account when evaluating Type 23 licenses for concentration levels. The only requirement is that a 30 day posting from ABC is placed on the property prior to the sale of alcohol. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on April 18, 2013 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 15301, Class 1 Existing Facilities). The application will allow Garage Brewing Company & Pizzeria restaurant to obtain a Type 23 (Small Beer Manufacturer - Brew Pub or Micro -brewery) ABC license to operate as an ancillary use in conjunction with the serving of meals and nonalcoholic drinks. The proposed project will be within an existing building and involves minor tenant and building facade improvements. These improvements will not result in the creation of any new square footage to the structure. FINDINGS 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 small beer manufacturer (brew pub) with incidental retail and tastings. The business is located in the Highway Tourist Zone that permits restaurants with beer and wine sales. A Type 23 ABC license is typical for brewpubs 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 proposed brewpub and tasting room will be located within a restaurant building. The proposed application has been reviewed to ensure it is compatible with the nature, condition and development of adjacent uses, buildings and structures. Further, the proposed conditional use has been determined to 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 23 ABC liquor license at a proposed 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 meets all requirements of the 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. 3 That the decision to conditionally approve or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. The decision to conditionally approve the application for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Planning Commission. ATTACHMENTS Aerial Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Statement of Operations Notice of Public Hearing 4 City of Temecula 89 0 100 200 400 Feet This map was made by the City of Temecula Geographic Information System. 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I 1 1 I O lwaw,wmenammos.w ® •010/00111001•••0 00100 Art O OM1 -- O Oe1urwaceawan.l•arwae EAST ELEVATION WEST ELEVATION ,,;°t.; 4 W , CIJI Ciuca Ihlnlini 101crualional. INC. ,,I.,.,.:, v.,........,v.,........• l'I.,,,rr..1,: Urt- YrtScom• 1.50nRA1E "' , .11'. sinn: 111.T11.111.4 CA 9=7D1 , 01,1.1....4„ r lea: kW, MIS -1)052 Garage Brewing Company &.Pizzeria m 29095 Front Street, Teecula, al.ifornia, 92590 1N 10.120 Murk 8, 2013 11. 14.1.M, 411.3.1,1•00N .44-4....1....4.1., rm..w.JIVIM .11a...4 re ln.m/ 1,,aN a.. my., NCIII .*1101111014 w.w rn.awJad Jn. +411 M 11.. porn* NJM.M\.I.V•01.0. f/.r Y4 I+twi JuTw1Ir.IM a wh4r. Mport W., n. 16N113 ,. HrM.....W, lYos I..6an.JFn P..drae b.w 11M AMI IMIH 1. 1..'11kH21111 PC RESOLUTION NO. 13- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA13-0028, A MINOR CONDITIONAL USE PERMIT FOR GARAGE BREWING COMPANY AND PIZZERIA TO ALLOW FOR A TYPE 23 (SMALL BEER MANUFACTURER — BREW PUB OR MICRO -BREWERY) ABC LICENSE TO OPERATE AS AN ANCILLARY USE TO THE PROPOSED GARAGE BREWING COMPANY & PIZZERIA RESTAURANT, A BONA FIDE EATING ESTABLISHMENT, TO BE LOCATED AT 29095 OLD TOWN FRONT STREET (APN 922-110-031) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On February 11, 2013 Louis Kashmere filed Planning Application No. PA13-0028, 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 May 1, 2013, 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. PA13-0028 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 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 small beer manufacturer (brew pub) with incidental retail and tastings. The business is located in the Highway Tourist Zone that permits restaurants with beer and wine sales. A Type 23 ABC license is typical for brewpubs and will be consistent with General Plan and Development Code policies. 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 brewpub and tasting room will be located within a restaurant building. The proposed application has been reviewed to ensure it is compatible with the nature, condition and development of adjacent uses, buildings and structures. Further, the proposed conditional use has been determined to 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 23 ABC license at a proposed 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 meets all requirements of the 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 a Conditional Use Permit has been 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) The application will allow Garage Brewing Company & Pizzeria restaurant to obtain a Type 23 (Small Beer Manufacturer — Beer Pub or Micro - brewery) ABC license to operate as an ancillary use in conjunction with the serving of meals and nonalcoholic drinks. The proposed project will be within an existing building and involves minor tenant and building facade improvements. These improvements will not result in the creation of any new square footage to the structure. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA13-0024, a Minor Conditional Use Permit for Garage Brewing Company and Pizzeria to allow for a Type 23 (Small Beer Manufacturer — Beer Pub or Micro -brewery) ABC license to operate as an ancillary use to the proposed Garage Brewing Company & Pizzeria restaurant to be located at 29095 Old Town Front Street, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 1. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 1st day of May, 2013. John Telesio, 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. 13- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 1st day of May, 2013, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA13-0028 Project Description: Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Quimby Category: A Minor Conditional Use Permit for Garage Brewing Company and Pizzeria to allow for a Type 23 (Small Beer Manufacturer - Brew Pub or Micro -brewery) ABC license to operate as an ancillary use to the proposed new Garage Brewing Company & Pizzeria restaurant to be located at 29095 Old Town Front 922-110-031 NA (No New Square Footage/Grading) NA (No New Square Footage) NA (No New Square Footage) Exempt (Non -Residential) Approval Date: May 1, 2013 Expiration Date: May 1, 2015 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL -1. General 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 Fifty Dollars ($50.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/ developer has not delivered to the Planning 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)). 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. 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 November 6, 2012, on file with the Planning Department, unless superseded by these Conditions of Approval. Hours of Operation shall be 11 a.m. to 10 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 pursuant to Section 17.03.080 of the City's Development Code. PL -11. No live entertainment is permitted as part of this Conditional Use Permit application. Any proposed live entertainment would require amendment to the approved Conditional Use Permit or approval of a Temporary Use Permit in conformance with the 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 riot 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 riot 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. POLICE DEPARTMENT General Requirements PD -1. Applicant has applied for a Type 23 (Small Beer Manufacturer -Brew Pub or Micro - Brewery) ABC liquor license. This license authorizes the same privileges and restrictions as a Type 01. (A Type 01 license "Authorizes the sale of beer to any person holding a license authorizing the sale of beer, and to consumers for consumption on or off the manufacturer's licensed premises. Without any additional licenses, may sell beer and wine, regardless of source, to consumers for consumption at a bona fide public eating place on the manufacturer's licensed premises or at a bona fide eating place contiguous to the manufacturer's license premises. May conduct beer tastings under specified conditions (Section 23357.3). Minors are allowed on the premises."). A brew pub 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. Applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. PD -2. Applicant is encouraged to complete a LEAD training either given by the Department of Alcoholic Beverage Control, or an ABC certified equivalent course. PD -3. Applicant shall ensure that no alcohol is sold to, possessed 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 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 -6. 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 buy them drinks, alcoholic or non-alcoholic; (b) pay or agree to pay such an employee a percentage of the receipts from the sales of drinks solicited; (c) permit any person whether an employee or not, to loiter for the purpose of soliciting an alcoholic drink. PD -7. 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 -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 premises area includes the parking lot (Sections 24200 (a) (B&P) and 25601 B&P; 316 PC). PD -10. 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 -11. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. BUILDING AND SAFETY DEPARTMENT No conditions FIRE PREVENTION No conditions PUBLIC WORKS DEPARTMENT No conditions • November 6, 2012 To: The city of Temecula, PlanningDepartment p artm ent STATEMENTS OF OPERATIONS Descriptions of equipment Brewery 1 Brewhouse — consistingof Lau ter/Tun and Brew Kettle/Whirlpool 4 Fermenters 8 Serving Tanks 1 Cold Liquor Tank 1 Hot Liquor Tank 2 Beer Walk in cooler 1 Glass Washer, Ref., Sinks PIZZERIA 1 Pizza Oven 1 Pizza Press 3 Refrigerated Tables 1 Walk in cooler Misc. sinks, prep area Hours of operations 7 days/wk 11am to lOpm p No private security 10 employees (full & part time) # of customers @ one time 25 to 100 Parking spaces 31' dedicated and common area Pizza is served Beer and Wine is served No Live entertainment or Loud Music Normal Building Lighting in/out No portable restrooms Handl Cap Parking Provided Case No: Applicant: Proposal: Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: PA13-0028 Louis Kash mere A Minor Conditional Use Permit for Garage Brewing Company & Pizzeria to allow for a Type 23 ABC license (Small Beer Manufacturer — Brew Pub or Micro - brewery) to operate as an ancillary use to the proposed Garage Brewing Company & Pizzeria restaurant, a bona fide eating establishment, to be located at 29095 Old Town Front Street. In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15301, Class 1, Existing Facility) Kenny Taylor, (951) 240-4203 City of Temecula, Council Chambers May 1, 2013 6:00 p.m. Project Site wEgERM BYPASS 0 +75 700 Feet i i "eseove ss tf 4tc Notice of Public Hearing The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the City's website — www.cityoftemecula.orq. Any Supplemental Material distributed to a majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m. In addition, such material will be made available on the City's website — www.cityoftemecula.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. G:IPLANNING120131PA13-0028 Garage Brewing CUP1PIanning\PC-Hearing\PC NOPH.doc DATE OF MEETING: PREPARED BY: PROJECT SUMMARY: STAFF REPORT— PLANNING CITY OF TEMECULA PLANNING COMMISSION May 1,2013 Kenny Taylor, Case Planner Planning Application No. PA13-0070, a Minor Conditional Use Permit for Spuntino's Pizzeria and Delicatessen, a bona fide eating establishment, to upgrade their existing Type 41 (on -sale beer and wine) ABC license to a Type 47 (on -sale general beer/wine/distilled spirits eating place) ABC license at 31891 Rancho California Road, Suite F-200 & 300 (Meadows Village Shopping Center) RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15301, Class 1 Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Jeanette Carvajal General Plan Designation: Neighborhood Commercial (NC) Zoning Designation: SP -7 (Margarita Village Specific Plan) Existing Conditions/ Land Use: Site: Existing commercial retail restaurant/Neighborhood Commercial North: South: East: West: Existing commercial retail complex/Neighbor Commercial Existing commercial retail complex/Neighbor Commercial Existing single-family residential/Low Density Residential Existing parking lot, Gold's Gymnasium/Neighborhood Commercial Lot Area: Total Floor Area/Ratio: Landscape Area/Coverage: Parking Required/Provided: Existinq/Proposed Min/Max Allowable or Required 7.98 acres N/A for existing legal lots 1627 Sq. Ft. N/A N/A 1 N/A N/A N/A BACKGROUND SUMMARY On March 27, 2013, Jeanette Carvajal, on behalf of Spuntino's Pizzeria, submitted Planning Application No. PA13-0070. The application consisted of a Minor Conditional Use Permit to allow for Spuntino's Pizzeria and Delicatessen, a bona fide eating establishment, to upgrade their existing Type 41 (on sale beer/wine eating place) ABC license to a Type -47 (on -sale general beer/wine/distilled spirits eating place) ABC license. 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 Spuntino's Pizzeria is an existing 927 square foot bona fide eating establishment currently located in the Margarita Village Shopping Center, and includes an outdoor seating area. Other adjacent uses include Subway Restaurant, Starbucks Coffee Shop, Wendi's Donuts and Bagel, Mo's Greek Cafe Restaurant. Spuntino's Pizzeria has been operating at this site for roughly six years, providing specialty appetizers, salads, and pizzas along with an assortment of beers and wines. The restaurant currently possesses a Type 41 ABC license to sell beer and wine, at a bona fide eating establishment, and is requesting approval of Conditional Use Permit to allow for a Type 47 ABC license in order to sell beer, wine, and distilled spirits. No other changes to the restaurant operations are proposed. The applicant is also proposing to add an approximately 700 square feet dining area to increase the restaurant's floor plan to 1,627 square feet. Spuntino's Pizzeria currently operates seven days a week, from 10:00 a.m. to 11 p.m. The site has a shared reciprocal parking agreement within the shopping center and the proposed use complies with the minimum onsite parking requirements pursuant to the development code. Staff has confirmed with The California Department of Alcoholic Beverage Control (ABC) that the Planning Commission does not make the finding of Public Convenience or Necessity application (PCN) for restaurants. ABC will process the findings of Public Convenience or Necessity upon approval of the Minor Conditional Use Permit after the license application process has been initiated. ABC also indicated that the applicant must state their case in support of the PCN to ABC rather than to local jurisdiction in the request of upgrading existing Type -41 ABC license to a Type 47 ABC license for a bona fide eating establishment. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on April 18, 2013 and mailed to the property owners within a 1200 -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 Spuntino's Pizzeria and Delicatessen restaurant to obtain a Type 47 ABC license. The Type 47 ABC license will allow for the consumption of beer, wine, and distilled spirits. The proposed project will be within an existing building and involves minor 2 tenant improvements. These improvements will not result in the creation of any new square footage to the structure. FINDINGS The proposed conditional use is consistent with the General Plan and the Development Code. The use will allow Spuntino's Pizzeria and Delicatessen restaurant to pursue a Type 47 ABC license. The project is conditioned to be consistent with the Statement of Operations as 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 ABC license is typical for restaurants and will be consistent with General Plan and Development Code policies. The Margarita Village Specific Plan (SP -3) also requires the approval of a Minor Conditional Use Permit for the sale of alcoholic beverages within a bona fide eating establishment. 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. Restaurants serving full alcohol as an ancillary use to bona fide eating establishment are typical in the Neighborhood Commercial District Zone. The proposed application has been reviewed to ensure it is compatible with the nature, condition and development of adjacent uses, buildings and structures. Further, 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 license at an existing restaurant location. 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 as 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 meets all requirements of the Development Code, General Plan, and Margarita Village Specific 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. 3 The decision to conditionally approve the application for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Planning Commission. ATTACHMENTS Aerial Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Statement of Operations Notice of Public Hearing 4 5 MOO 3114 WYNN KBE 10.90919 19-5EI mw•C 110 • ' ••.• - 0 OTILE {TERMINATION SCALE: 3 - 1 =0.- 63 DOOR ®THRESHOLD SCME: 1 1%11 - 5•-0- 1 )p• IECIw Rul 60.039 00090 OTILE 4k COVE BASE SGML 3 X01 M la. ♦ C0001C.91961 9 XISTING FLOOR PLAN 11 1I al 11 11 11 11 11 1I 11 11 11 1I 11 1} 3401. CONSTRUCTION FLOOR PLAN 1/0.1'•0' X045 SOIiOULC 0.0E O09 OM M9 90c [CIS t MJ.1 [631[000 040° 91.0011 111E 110004 i ."01$ia n•�..t- 1..141. tal•.T M. 10000.0 [MME COMM RC wise io 1wKK... 00.0.41 o rgC '09E4u. M04 01.11 MC �s.i11r OKLS w40 CO 9P 690.4,;‘;510 511 CO OMB MX SWIM Maw 5/1. to 100910 690.1.-...20.0 3/3'0061. UO ow. f t 1.1 WOO •00.0 001. UVOO P.1OW0100111 rr MMS . VC. 1X00• 040 CO 0 00 M5n ONO - 1000 O 1011' 91601E TT -095 MO dOSO 07.99 o WOCO 000.D P I n P.M0 eipMM o GENERAL NOTES: . C9.90 '4441 6.509 1(0 9011/400/ .0 OM 040 MO 99955 .. 10000. C.61.4 M AS P4. 196 (19051 (1 016 R 114 M1•16,1 SAM REM. OO is 11*4101 34.0 rt1� .19C COOL 010(900005 f440 41[.906 11011 EC F9.0 40940 R [0(14441 IMM 0 440 MOON 0,0.9.90CS 504. OC MC. W 0.0 1 4104X6d 11`0 .1115 Mt 1941 00 i 0100. 4101104 1400 c. f.4 0411 IR SON 011010 1100 • 111 0011001415 5-0 K 11.E M' 0(1 40i4K141 0..0 C00MO.R 0.90.91.1 0611010 100 0910 .6414)0, COFKIM 1000.1E 040)115 01.0108.415 a -4 (66.901I•56. C030110 IC R' M- M TN 6 •to 900S 00 WAS MC Cr (1 LOas 006601 40.YKIu010 POOP DS [q W91 144000.5 0410050 MCP PO. K 301100510 00 O05C 11 W C1C0 10 140 3. 0 O( UIM OIMC COW St41 001 11 0000 000 Of LK (41 CM09q 00095 10100 09 �0410WSM. I.40(04o0.4 Mx020 Oft. 90t 9 M 04.4006 OF 40 0041 00 (100 5X00 14T ROOK 1000 00.1 O.0 O9990 0 119[ 011•MOWS 140 W M 0000 f0 C9f11 .11x 09010 [0155 100 505. 14 0951 [941.004 1* 0(4 *461 991301 [CCW O4 F. WPM 9 FOC 00.16.1 *1019011 040 t 3010110 se ...101 M 4*049% PNO1 1551) 101-4110 10 Iu COCOS. 9..C5 .0[.00/1 (011101 SSM. B( 90.01C0099 5C11990 • -.4.400 0/ 01O00O 00.0[101 WC09.0900 W PROM 0 [001.(101 41111 uWCC1O11 M. 141 (0060ryC W0 051006 110 RCC. 0111 ON) 500 0 140-021000S 000051 nM 110 2010 0410040 CRCs I111COO 0001 .l 06.01 FOCl/C0.1 504). OC SCNIER0 IRM PVO.0 MCl M .Q'g00C 004 10 1 00010,1 CCCC SCC.. 190 40 1.100.(0 [0009 0140/04011 11044 R CU. MMw M 111 R. 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OMB.. 0•), /1.- ICrH.y <fll .tO•. tl,11.611.11A *•1‘4.. .01161M -- COM rot 1rw 19 rt.9YtlC ...en., i asw.wMir 39* 3' M . tile MOO Tcur Y\101.011=1 4.1 MOOT OMER =r,...) RMYV.A Co .30' 1 '1W .)•) <•.a .IrJw.rrs� CMI. 0134. *.OA - :="Z. M1M it=e• i, .rnr 9' m•) MI.3N .I, m•1 •$.3.43 Cl,. NIS(1 *'l )3•.3.13 10;.31 Di in+Ra SPE OP M NS 1 4444 0•W IC&rrC • 4MtSRI t COMM*i+-w tTa.•�e • •Rx.93 Ry Por MMP..[..3Y RCD,. K..•,-: IK OC,10 If)•tl0. W _0.1.01'..0 i•rl.0 kfrUCIALESMilk COMI.L•Ol IC 303.1 .M1 20 AC9 3' .3 <�(( MC NC MIW 4i(•Iw<A CDH SOH J.: IP10V R O. 2001 ICA KC IrpW_ /CrIK <0.Y .3 Cillitat CDH SOp 04.013 M(1. 3ryDw: Y,K.G 391 bilrewas .W C.N3'cf 4431 K .3 .Vt.... �N, 3 30.31' 141=1.44 NA, QL'D' p1[1�p.�1GN)Mµ 4044.4.44 1100 Iw . U 0011. RM. titil)0)• 3L COW %Imll Y3Rrt 1)11. rim :.03111. folCtr EMPIRE DESIGN (MOUP •. 11 1�N11. 1031 00 .6 YNR :za SPUNTINO PIZZERIA < W LLQ C0 � V O J OHI wW m 1.1 m MONTY MAP lb. ',,11 AS1, PC RESOLUTION NO. 13- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA13-0070, A MINOR CONDITIONAL USE PERMIT FOR SPUNTINO'S PIZZERIA AND DELICATESSEN TO UPGRADE THEIR EXISTING TYPE 41 (ON SALE BEER/WINE EATING PLACE) ABC LICENSE TO A TYPE 47 (ON -SALE GENERAL BEERIWINE/DISTILLED SPIRITS EATING PLACE) ABC LICENSE AT 31891 RANCHO CALIFORNIA ROAD, SUITE F-200 & 300 (APN 954-030-002) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On March 27, 2013, Jeanette Carvajal filed Planning Application No. PA13-0070, 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 May 1, 2013, 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. PA13-0070 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 Spuntino's Pizzeria and Delicatessen restaurant to pursue a Type 47 ABC license. The project is conditioned to be consistent with the Statement of Operations as 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 C:1Program Files (x86)1Neevia.Com\Document Converterltemp14000.docx Development Code policies. The Margarita Village Specific Plan (SP -3) also requires the approval of a Minor Conditional Use Permit for the sale of alcoholic beverages within a bona fide eating establishment. 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; Restaurants serving full alcohol as an ancillary use to bona fide eating establishment are typical in the Neighborhood Commercial District Zone. The proposed application has been reviewed to ensure it is compatible with the nature, condition and development of adjacent uses, buildings and structures. Further, 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 license at an existing restaurant location. 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 as required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The project meets all requirements of the Development Code, General Plan, and Margarita Village Specific 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 a Conditional Use Permit has been 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: C:\Program Files (x86)1Neevia.Com\Document Converterltemp14000.docx 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 Spuntino's Pizzeria and Delicatessen restaurant to obtain a Type 47 ABC license. The Type 47 ABC license will allow for the consumption of beer, wine, and distilled spirits. 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. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA13-0070, a Minor Conditional Use Permit for Spuntino's Pizzeria and Delicatessen to upgrade their existing Type 41 (on sale beer/wine eating place) ABC license to a Type 47 (on -sale general beer/wine/distilled spirits eating place) ABC license at 31891 Rancho California Road, Suite F-200 & 300 subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. C:1Program Files (x86)1Neevia.Com\Document Converterltemp14000.docx Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 1st day of May, 2013. John Telesio, 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. 13- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 1st day of May, 2013, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary C:1Program Files (x86)1Neevia.Com\Document Converterltemp14000.docx EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA13-0070 Project Description: Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Quimby Category: A Minor Conditional Use Permit for Spuntino's Pizzeria and Delicatessen restaurant to upgrade their existing Type 41 (on -sale beer and wine) ABC license to a Type 47 (on -sale general beer, wine, and distilled spirits eating place) ABC license at 31891 Rancho California Road, Suite F-200 & 300 (Meadows Village Shopping Center) 954-030-002 NA (No New Square Footage/Grading) NA (No New Square Footage) NA (No New Square Footage) Exempt (Non -Residential) Approval Date: May 1, 2013 Expiration Date: May 1, 2015 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL -1. General 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 Fifty Dollars ($50.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/ developer has not delivered to the Planning 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)). 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. 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 March 27, 2013, on file with the Planning Department, unless superseded by these Conditions of Approval. Hours of Operation shall be seven days a week from 10 a.m. to 11 p.m. 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 pursuant to Section 17.03.080 of the City's Development Code. PL -11. No live entertainment is permitted as part of this Conditional Use Permit application. Any proposed live entertainment would require amendment to the approved Conditional Use Permit or approval of a Temporary Use Permit in conformance with the 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 any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. POLICE DEPARTMENT PD -1. Applicant has applied to upgrade from a Type 41 (beer and wine) to 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 comply with 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, possessed by 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 (activelreservelretiredldependent); (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 -6. As noted above, only a valid government issued identification card issued by a Federal, State, County or City agency is acceptable, providing it complies with Section 25660 of the Business and Profession Code (B&P), which includes the following requirements: (a) name of person; (b) date of birth; (c) physical description; (d) photograph; (e) currently valid (not expired). It is the responsibility of the business owner and any person who serves or sells alcohol to be aware of current laws and regulations pertaining to alcoholic beverages. 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 buy them drinks, alcoholic or non-alcoholic; (b) pay or agree to pay such an employee a percentage of the receipts from the sales of drinks solicited; (c) permit any person whether an employee or not, to loiter for the purpose of soliciting an alcoholic drink. 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 meals, 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 riot 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 comply with all regulations of the local health department. Incidental, sporadic or infrequent sales of meals or a mere offering of meals 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 or salads is riot considered compliance. However, certain specialty entrees, 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 (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 -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 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 riot 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. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. FIRE PREVENTION General Requirements F-1. The Fire Department has no Conditions for the upgrade of the liquor license. F-2. For the expansion of the restaurant, general tenant improvement permits will be required for the fire sprinkler and alarm systems. Those permits will be obtained from the Fire Department. BUILDING AND SAFETY DEPARTMENT No conditions PUBLIC WORKS DEPARTMENT No conditions Spuntino's Pizzeria 31891 Rancho California Rd., Ste. F 200 & 300 Temecula CA 92590 Statement of Operations rRECEIVED MAR 2 7 2013 Spuntino's Pizzeria is a high service Italian Pizzeria saving lunch and dinner with the incidental sale of alcoholic beverages for on -premise consumption. The restaurant is able to seat 45 patrons within the restaurant. There will be pre-recorded light contemporary music played in the background for patrons to enjoy white eating their meal. The volume of entertainment is kept to a minimum to ensure a social environment where patrons can hear the music if they wish but can also talk with ease without shouting to hear each other. The restaurant will be open seven days a week for lunch and dinner during the hours of 10:00 am — 11:00 pm. The restaurant offers more than 50 items- all cooked to order - from home -style classics to contemporary favorites all served In a Italian atmosphere. Our extensive beverage selection, including award-winning beer and wines, is a part of what our patrons have come to expect. We have a total of 20 employees all of which exude a warm, friendly and energetic spirit that serves to convey a sense of honest value and a commitment to totally exceed the expectations of our guests. 5pu ntino's Pizzeria has a full sized kitchen that accommodates casual dining requirements and occupies approximately 30% of the space. Our kitchen includes ovens, grills, sinks, blenders, refrigeration systems, microwaves and all other necessary items for a restaurant. Case No: Applicant: Proposal: Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: PA13-0070 Jeanette L Carvajal A Minor Conditional Use Permit for Spuntino's Pizzeria and Delicatessen restaurant, a bona fide eating establishment, to upgrade their existing Type 41 (on - sale beer and wine) ABC license to a Type 47 (on -sale beer, wine, and liquor distilled spirits) ABC license at 31891 Rancho California Road, Suite F-200 & 300 (Meadows Village Shopping Center). In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15301, Class 1 Existing Facility) Kenny Taylor, (951) 240-4203 City of Temecula, Council Chambers May 1, 2013 6:00 p.m. Project Site rA 4: SS ts 0 . 01 0 11r I .16,41 • 1 L 300 CO �i . 1 1 . Y /'. N. 1 1.700 1 Notice of Public Hearing The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the City's website — www.cityoftemecula.orq. Any Supplemental Material distributed to a majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m. In addition, such material will be made available on the City's website — www.cityoftemecula.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. G:IPLANNING120131PA13-0070 Spuntino's CUP\Planning\PC-Hearing\PC NOPH.doc Case No: Applicant: Proposal: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: SOO - 1 N. 1 1 Y !\ N. 1J Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below PA13 -0070 Jeanette L Carvajal A Minor Conditional Use Permit for Spuntino's Pizzeria and Delicatessen restaurant, a bona fide eating establishment, to upgrade their existing Type 41 (on- sale beer and wine) ABC license to a Type 47 (on -sale beer, wine, and liquor distilled spirits) ABC license at 31891 Rancho California Road, Suite F -200 & 300 (Meadows Village Shopping Center). In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15301, Class 1 Existing Facility) Kenny Taylor, (951) 240 -4203 City of Temecula, Council Chambers May 1, 2013 6:00 p.m. 6C0 , :00 F. --I N. 1 N. 1 N. \!\ The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the City's website — www.cityoftemecula.orq. Any Supplemental Material distributed to a majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m. In addition, such material will be made available on the City's website — www.cityoftemecula.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. G:IPLANNING120131PA13 -0070 Spuntino's CUP\Planning\PC- Hearing\PC NOPH.doc it wi 4- 4 401 %% . ter �. Notice of Public Hearing