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HomeMy WebLinkAbout091895 PC AgendaCALL TO ORDER: ROLL CALL: PUBLIC COMMENTS TEMECULA PLANNING COMMISSION September 18, 1995, 6:00 PM Rancho California Water Distriet's Board Room 42135 Winchester Road Temecuin, CA 92390 Chairman Ford Fahey, Miller, Slaven, Webster and Ford A total of 15 minutes is provided so members of the public can address the commissioners on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. ff you desire to speak to the Commissioners about an item not listed on the Agenda, a pink *Request to Speak* form should be fdled out and fried with the Commission Secretary. When you are called to speak, please come forward and state your name and address. For all other agenda items a "Request to Speak* form must be filed with the Planning Secretary before Commission gets to that item. There is a three (3) minute time limit for individual speakers. COMMISSION BUSINESS 2. 3. 4. 5. 6. 7. 8. 9. Approval of Agenda Director's Heating Update Attorney Discussion of Beer and Wine License Approval Process Approval of Beer and Wine Liceuse for UNOCAL Approval of Beer and Wine Liceuse for Shakespeare's Approval of Beer and Wine License for Chevron Approval of Beer and Wine Liceuse for Ralphs Approval of Beer and Wine License for Sunshine Market Approval of the Conceptual Grading Plan for the Westside Specific Plan BREAK - C Insed Session ::of; the :PlanningCommlssion ;pursUant with ;legal= counsel: regarding :existing litigatiOn:or !Old'Vail ~Partners?V~::CoUnty; and:City of TemecUla;] RiVerside!:County!Superi0r ::C0urt;i=Case!Nb;!!:253~598 PUBLIC HEARING ITEMS C~,se No: Applicant: Location: Proposal: Environmental Action: Planner: Recommendation: Planning Application No. 94-0128 (Conditional Use PermlO UNOCAL Petroleum Products Company Southeast corner of Rancho California Road and Front Street To demolish an existing service s~inn and rebuild a 2,500 square foot station with a convenience store and concurrent sale of beer and wine. Categorical Exemption Matthew Fagan Continue to September 18, 1995 11. Case No.: Applicant: ** Location: Proposal: Environmental Action: Planner: Development Code City of Temecula Northerly of the terminus of Ynez Road, East of Interstate 15 To change the General Plan Land Use Designation from Business Park (BP) to Service Commercial (SC) Negative Declaration John Meyer Location: Proposal: Southerly side of Highway 79 South, approximately 2000 feet East of Pala Road To change the General Plan Land Use Designation from Professional Office (O) to Community Commercial (CC) PLANNING DIRECTOR'S REPORT Cancellation of Workshop on Annexation previously scheduled for September 19, 1995 PLANNING COMMISSION DISCUSSION OTHER BUSINESS Next meeting: October 2, 1995 - Regular Planning Commission meeting ADJOURNMENT ITEM #2 MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Gary Thornhill, Community Development Director September 18, 1995 Director's Hearing Case Update The following cases were heard and approvext at the Planning Director's Hearing in August 1995: PA95-0052, One Lot Subdivision, Medical Design Concepts PA95-0054, Minor Conditional Use Permit, Sunridge Community Church PA95-0069, Minor Conditional Use Permit, Shakespeare's Pub and Grille Attachment: 1. Action Agendas for August 1995 - Blue Page 2 ATTACHMENT NO. 1 ACTION AGENDAS ACTION AGENDA TEMECULA DIRECTOR'S FIF. ARING REGULAR MEETING AUGUST 31, 1995 1:30 PM TEMECULA CITY H. ATff~ ~ CONFERENCE ROOM 43174 Business Park Drive Temecula, CA 92390 CALL TO ORDER: John Meyer, Senior Planner PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address to the Senior Planner on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. ff you desire to speak to the Senior Planner about an item not listed on the Agenda, a pink "Request to Speak" form should be f~led out and fded with the Senior Planner. When you are called to speak, please come forward and state your name and address. For all other agenda items a "Request to Speak" form must be fried with the Senior Planner before that item is heard. There is a three (3) minute time limit for individual speakers. PUBLIC wRARI~G Case No. Applicant: Location: Proposal: Environmental Action: Case Planner: Recommendation: Planning Application No. PA95-0069 (Minor Conditional Use Permit) Shakespeare' s Pub and Grille 27645 Jefferson Avenue, #116 (Old Adobe Plaza) To convert an existing restaurant in an existing building into a nightclub/restaurant with live entertainment and dancing Categorical Exemption Matthew Fagan Approval ACTION: APPROVE/) ADJOLrRNMY_2~ RADIRHEAR'~AGENDA\8-31-95.AGN 8/31/95 klb ACTION AGENDA TEMECULA DIRECTOR'S HEARING REGULAR MF~ETING AUGUST 10, 1995 1:30 PM TEMECULA CITY HALL - MAIN CONFERENCE ROOM 43174 Business Park Drive Temecula, CA 92590 CALL TO ORDER: PUBLIC COMMF-NTS Debbie Ubnoske, Senior Planner A total of 15 minutes is provided so members of the public can address to the Senior Planner on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Senior Planner about an item no.~ listed on the Agenda, a pink "Request to Speak" form should be filled out and filed with the Senior Planner. When you are called to speak, please come forward and state your name and address. For all other agenda items a "Request to Speak" form must be filed with the Senior Planner before that item is heard. There is a three (3) minute time limit for individual speakers. PUBLIC HEARING Case No: Applicant: Location: Proposal: Environmental Action: Case Planner: Recommendation: ACTION: Phnning Application No. 95-0054 (Minor Conditional Use Permit) Sunridge Community Church 27690 Commerce Center Drive A request to approve a church facility in an existing budding Class 1 Categorical Exemption per Section 15301 of the California Environmental Quality Act Matthew Fagan, Assistant Planner Approval APPROVED R:\DIRHEARXAGENDA~R-10-95,AGN g/16/95 lab ACTION AGENDA TEIVIECULA DIRECTOR'S FFF~ARING REGULAR MEETING AUGUST 7, 1995 1:30 PM TEMECULA CITY HALL - MAIN CONFERENCE ROOM 43174 Business Park Drive Temecula, CA 92590 CALL TO ORDER: Debbie Ubnoske, Senior Planner PUBLIC COlVI3~NTS A total of 15 minutes is provided so members of the public can address to the Senior Planner on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Senior Planner about an item not listed on the Agenda, a pink "Request to Speak" form should be filled out and filed with the Senior Planner. When you are ca/led to speak, please come forward and state your name and address. For all other agenda items a "Request to Speak" form must be fried with the Senior Planner before that item is heard. There is a three (3) minute time limit for individual speakers. PUBLIC HEARING Case No: Applicant: Location: Proposal: PA95-0052 Medical Design Concepts Northwest corner of Winchester Road and Diaz Road A request for approval of a one lot subdivision to combine 12 existing lots Environmental Action: Case Planner: Recommendation: Categorically Exempt pursuant to Section of CEQA Saied Naaseh Approval ACTION: APPROVED R:\DIRHBARx~s. GHNDA\8-7-95.AGN 8116/95 Ub ITEM #3 TO: Planning Commission FROM: Debbie Ubnoske, Planning Manager DATE: September 18, 1995 SUBJECT: Beer and Wine License Approval Please find attached the staff report for the Beer and Wine License appwval process that went to the City Council on August 22, 1995. This staff report answers the questions the Council asked of staff when this item was brought to the Council for the first time at their meeting on July 25, 1995. This staff report should provide the necessary background that you will need to make the necessary finding of "public convenience and necessity" prior to approving any future beer and wine licenses. Please feel free to contact me prior to the meeting of September 18, 1995 should you have any questions regarding this staff report. Attachment 1. City Council Staff Report dated August 22, 1995 - blue page 2 R:\FORMS~MO 9/13/95 cc ATTACHMENT NO. 1 CITY COUNCIL STAFF REPORT DATED AUGUST 22, 1995 R:~FORIVIS'~fE,MO 9/13/95 cc APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Community Development Director August 22, 1995 Beer and Wine Licenses - Approval Authority Prepared By: Debbie Ubnoske, Planning Manager RECOMMENDATION: Provide direction to staff as to the Approval Authority for Beer and Wine Licenses. BACKGROUND This item was first heard by the City Council at their meeting of July 25, 1995. At that meeting, staff discussed recent changes in State legislation which created a moratorium for new beer and wine licenses and defined undue concentration for existing licenses. Council requested that staff respond to a number of questions regarding this issue. Following are the Council's questions which were raised at the meeting: 1) 2) 3) 4) 5) 6) 7) 8) Prior to enactment of the new legislation, what was the approval process? Under the new legislation, what is the new authority of the City to regulate the licensing of beer and wine? How does the City make the finding of "public convenience or necessity?" Does the legislation apply to the transfer of a license? How do the moratorium and undue concentration issues relate to each other? How do the regulations affect the concui'rent sale of beer and wine with gasoline? Does the new legislation require cities to perform background checks? Do cities have the authority to revoke "badly licensed facilities?" ExistinQ Process The City's existing process is to simply determine what the existing zoning requires for individual uses. As an example, Ordinance 95-02 requires a Conditional Use Permit for uses such as bars and nightclubs, teen clubs, and billlard halls. Should a use such as this come into the City, a Conditional Use Permit would be required. If the use proposed is under 10,000 square feet, the application would be heard at a Planning Director's Hearing. If the use proposed exceeds 10,000 square feet, the application would be heard by the Planning Commission. The Council would only hear a Conditional Use Permit application on appeal, R:~TAFFRIrI'~BEERWINB.CC 9/13/95 vgw New Authority to ReQulate the LicensinQ of Beer and Wine Under the new legislation, the City must first determine if the license applied for is a new license or a transfer license. If the license is new, it falls under the moratorium provisions of the legislation which are in effect until January 1, 1996. New licenses must be denied by the Council prior to January 1, 1996. After January 1, 1996, the City may make a finding of "public convenience or necessity" and approve a new license in spite of the moratorium. If the license is a transfer, it falls under the undue concentration issue. In this situation, the City Council must also make a finding of "public convenience or necessity." Findin~ of "Public Convenience or Necessity" Public convenience or necessity is not defined in either the Alcohol Beverage Control (ABC) Act provisions of the Business and Professions Code or in the Department of ABC"s implementing regulations. Further, there is little case law interpreting the provisions relating to public convenience or necessity. It is clear from existing case law that public convenience or necessity is something other than the number and location of beer and wine sales. Public convenience or necessity may be found in 8 number of factors such as: 1) 2) 3) 4) 5) 6) 7) 8) The character of the premises; The aesthetics and ambiance of the business; The attractiveness of the business; The manner in which the business is to be conducted (i.e. type of games, food, or other service provided); The types of guests who are likely patrons; The predicted mode of operation; The ability of the business to serve a nitch in the population not filled by other licensees in the same area; or Convenience of purchasing alcoholic beverages in conjunction with specialty food sales or services. Legislation as it relates to New Licenses and Transferred Licenses Reference information contained under Section titled "New Authority to Regulate the Licensing of Beer and Wine." Moratorium and Undue Concentration Relationshio The moratorium and undue concentration provisions are designed to interact with each other. For off-sale beer and wine, new licenses fall under the moratorium. Transferred licenses need to be reviewed under the undue concentration factors. On-sale licenses also need to be reviewed under the undue concentration factors. Should the Council or their delegated authority choose to approve the application, findings of public convenience or necessity must be made. The concurrent sale of gasoline with beer and wine, if a new license, falls under the moratorium provisions discussed above. The concurrent sale of gasoline with beer and wine, where the license is a transfer, falls under the undue concentration provision of the legislation. R:~TAFFRlvfM~EERWIN~.CC 9113195 vgw 2 Background Checks\Revocation of Existino Permits The new legislation only applies to the initial establishment of a use selling beer and wine and not to the ongoing operational aspects. Reviewing background of an individual selling alcohol remains the responsibility of the ABC. The City can deal with the revocation of existing licenses through existing City Ordinances such as public nuisance or the Penal Code. Aoolication StreamlininQ It is the desire of the Planning Department to process applications in a timely manner. If it is the Council's desire to hear all applications proposing to sell beer and wine, this will add significant time and additional costs to applications. As an example, a gas station proposing the concurrent sale of beer and wine currently is heard by the Planning Commission. Should the Council wish to be the approval authority in this instance, an additional 30-60 days could be added to the approval process. In addition, the applicant might need to provide more property owner labels for an additional public notice. The City is making every effort to streamline the develol~ment review process. The added time needed for Council approval on all applications for beer and wine could impact this process. FISCAL IMPACT None Attachments: Letter to Planning Commission dated May 16, 1995 - Page 4 Letter to City Council dated August 11, 1995 - Page 5 ATTACHMENT NO. 1 LETTER TO PLANNING COMMISSION Hay 3.6, 1995 Honorable Steve Ford, Chairman, and Members of the Planning Commission City of Tmcula 43174 Business Park Drive Temecula, California 92590 Re: Approaches and Potential Findings for Processing Applications Which Include Alcoholic Beverage Control L~cermes Deer Chairman Ford and Nam~ers of' the Commission: In recant months, the Planning Commission has bean faced with several applications in which the sale or service of alcoholic beverages has been a concern of the public and/or the Planning Commission. I have provided you with legal advice which indicates caution in denying alcchol uses bese~ on the alcohol issue because of the ex~ensive preemption of the regulation of alcohol sales and services by the State of California. However, this letter will provide some insights to you and City staff on areas the City can address whan an alcohol use is proposed. The following ere some suggestions from recant statutory changes and case law regerding findings which may support City decisions on applications which also involve Alcoholic Beverage Control ("ABC") licenses. BACKGROUND: The California State Constitution, Article 20, Section 22, preempts local regulation of alcoholic beverages. That Section provides in relevant par~: "The State of California . shall have the exclusive right and power to license and regulate the manufacture, sale, purchase, possession and transportation of alcoholic beverages within the State Honorable' Steve Ford, Chairman, and Nerobars of ~he Planning Commission City of Tamsouls May 16, 1995 Page 2 The Legisla~ure may au~horize, subject to reasonable rea~rictions, ~he sale in retail s~orss of alcoholic beverages contained in · he original packages, where such alcoholic beverages are n~c to be consumed on the premises whirs Sold; and Ray provide for the issuance of all types of licenses necessary to carry on the activit~es referred to in the f4rst paragraph of ~ section, including, but not 34-41ed to, licenses necessary for the manufacture,' production, process4ng, impor~aticn, exportation, transpor~at4on, wholessling, distribution, and sale of any end all kinds of alcoholic beyerases . (Cal. Coast. Ar~. XX, S' 22 (emphasis added),) While the State has preempted the field in terms of regulating alcohol sales, the City is able to ban such sales in zones where it is inappropriate to have' alcohol-'sales. Business and Professions Cede Section 23790t provides that: wNo retail license shall be issued for any premises which ere located in any territory where the exercise of the rights and privileges conferred by the license is contrary to a valid zoning ordinance of any county or city. Premises which had been used in ~he exercise of those rights and privileges at a time prior to the effeotive date of the zoning ordinance Ray continue operation under the following conditions: (a) The premises retain the same type of retail liguor license within a licanse classification. -'-- (b) The licensed premises ere operated continuously without substantial change in sAIl subsequent references to the Business and Professions Cede shall be referred to as "B&P Code Section . w Honorable Steve Ford, ChaJmn, and Xm~hers of ~,he Planning Cozndss4on Cit~ of Tmcula May 16, 1995 Page 3 mode or character of operation.-' Finally, B&P Code Se~cion 23791 e~tms ~hat: mNothing in th~s d~v~sion interferes with the powers of cities conferred upon them by 8ec~cionE 65850 ~0 65861, inclus4vei of the Government Code. e ~ a result of B&P C~e Secti~ 23790 ~ 23791, the tit7 is entirely able ~ deny ABC liceDee requests, for e~le, in a residential zone. In reviewing applications, please be aware of the special requiremenU impseed k./B&P C~e Sec~cion 23790.5 relating to the co~ined sale of alc~ol end gasoline. ~ese requiraents ere set fol~ch later in this letter. p~rrI~T. ~PROAC~ES: B&P cc~e Section 23958 was nsended in Selxtn~r 1994 to- require the denial of a license application on 9~oua~ that the "issuance of that licue would tend to oreate a law enforcement problem, or if issuance would result in or add to an thedue concentration of licuea, except as provided in Sec~cion 23958.4.2" The requirement that the applicant fail to show that 2B&P Cc~e Sec~cion 23958.4, subdivision (b), allcr~s the Depal-~ment to issue a license, no~wit~tending the prohibition in Section 23958, to the following: "(1) with respec~ to a nonre~il license, a retail on- sale bona fide eating place license, a retail license issued for a hotel, motel, or c~cher l~ging establishment, a re~ail license issued in conJt~c~ion with a beer menufac~curer's license, or a winegrower,s license, if the applicant showB ~hat Public convenience or necessity would be served bv the issuance. (2) With respec~ to any other licks, if the local goveing ~dy of the area in which the applicant Honorable Steve Ford, Chairman, and Members of the Planning Commission City of Temecula May 16, 1995 Page 4 public convenience or necessity would be served' by the issuance was deleted from Section 2J958. The Le~islature has also changed the definition of -undue concentration.a Newly-enac~ced B&P Code Section 23958.4 states: s(a) For purpose of Sec~zLon 23958, ,undue concentration, means the applicant premises for an original or premises-to-premises transfer of any retail license ere l~cated in an erea where any of the following conditions exist: (1) The applicant premises ere l~cated in a crime reporting d~s~rict that has a 20 percent greater ~,m~er of reported crimes, districta within the jurisdiction of the local law enforcement agency. (3) As to off-sale retail license applications, the ratio of off-sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of off-sale retail licenses to population in the county in which the applicant premises ere located. ,3 premises ere located determines that public convenience or necessity would be served by the issuance." (Emphasis added. ) ~3ntil this amendment, sundue concentration' was defined by the California Depar%ment of Alcoholic Beverage Control (~Depar~ment~) in its regulations. Those regulations required that both the D-tuber of reported crimes be 20 percent higher end the ratio of Honorable Steve Ford, Chairman, end M~m~ers of ~he Planning Commission City of Temecula May 16, 1995 Page 5 In line with its expansion of the undue conce~tration concept, the Legislature has added Section 23817.5 to the B&P Code which further limits .alcohol sales in ureas of over- concentration. That Section now reads as follows: 'No application for an original retail off- sale beer end wine license may be made- nor any original retsil off-sale beer and ~wine license issued until ~anuary 1, 1998, fer any premises where eny of the following conditions exist at the time ~his section takes effect: (a) The applicant premises ere located in en incorporated city where the number of retail off-sale beer end wine licenses issued exceeds one license for each 2,500, or fraction thereof, inhabitants of the incorporated city. (b) The applicant premises' ere located in a county where the number of retell o~f-sals beer end wine licenses issued exceeds one license for each 2,500, or fraction thereof, inhabitants of the county. (c) The applicant premises ere located in a city and county where the total n,m~_r of retail off-sale beer and wine licenses end off-sale general licenses issued exceeds one license for each 1,250, or fraction thereof, inhabitents of the city end county." (B&P Code S 23817.5.) In s,,nary, there are five different "undue'concentration- tests which the Planning Commission or City Council on appeal can off-sale retail licenses to population be higher before a finding of "undue concentration" could be established. (4 CCR S 61.3(a).) 2444.6 Honorable Steve Ford, Chairman, and N~m~ers of the Planning Commiss4on City of Temecula May 16, 1995 Page 6 use to deny an application4: (1) the "20 percent greater number of ~ crimes" test; (2) {3) the 'ratio of off-sale retall llcenses to populations test; a the "one license for each 2,500 inhabitants of a city" test; (4) the "one license for each 2,500 inhabitants of the county- test; and (5) the "one license for each 1,250 inhabitants of the city and county- test. B&P Code Section 23958 also permits the denial of a license if ~he issuance of the license would tend to create a law enforcement problem. Such ground for dental is "quite separate and distinct from =hat relating to 'undue concentration of licenses.' [Citation. ] That is to say, if a showing were made that the individual licensee would create a law enforcement problem, the plenitude or paucity of neighboring licenses would be irrelevant. - (Department of Alcoholic Bey. Control v. Alcoholic Bev. etc. APPeals Bd. (1982) 133 Cal.App.3d 814, 820, 184 Cal.Rptr. 367.) Recant rioting by college students in the area of the proposed applicant premises supported the Deparcment's denial of a license based on the finding that the issuance of the license would aggravate police problems due to the relationship between crime and intoxication. (Kirby v. Alcoholic Bey. etc. APPeals Bd. (1972) 7 Cal.3d 433.) Interesting comments were provided by an appellate court when it noted that: ~fhe draft of the new Development Code requires that any alcohol use also requires a Conditional Use Permit ("CUPs). As such the reference to sapplications here is to a CUP application with a denial based upon the inability to qualify under statute or regulation for an ABC license. OR,~ZGF;2444.6 Honorable Steve Ford, Chairman, and N~m~ers of ~he Planning Commission City of Temecula May 16, 1995 Page 7 e[W]hen in addition [to a concentration of licenses in a given area] it :~a establiahed ~t ~he area in ~ues~ico is one wherein there is an anusdally high number of crimes, and that the affected law enforcement agencies obJec~ on this ~und, it is net -ecess~y in every instance to in~reduce specific evAdance rees~ablishing the Very fact that presumably led to the adoption of [CCR] Section 61.3s in the first J~ance, i.e., that there ms a symbictic relationship betwean crime and the increased consumption of alcohol in a given locale that results from an excessive n~m~er of competing sources of distribution. ~ (Department of Alcoholic Bey. Control, 133 Cal.App.3d at 820, Emphasis in Original. ) The Department of Alcoholic Beverage Control also provides another option when memorializing reasons for rejection of an application. This oldion is proximit7 to residences. CCR Section 61.4 provides that: "No original issuance of a retail license or premises-~o-premises transfer of a retail license shall be approved for premises at which either of the following conditions exist: (a) The promises are located within 100 feet of a residence. sCCR Section 61.3 is the regulation that defined undue concentration before the enactment of B&P Code Section 23958.4. While the definition has been changed to require a lesser showing to meet the test, the substance of the w20percent higher n,-~erof reported crimes" requirement to which the court is referring has not been changed. Honorable Steve Ford, Chairman, and Members of the Planning Cc~mlssion Cit7 of Temecula May 16, 1995 Page 8 (b) The parking lot or parking area which is maintained for the benefit of patrons 'of the premises, or operated in conjunction with the premises is located within 100 feet of a residence. Where the park/rig lot is maintained for the benefit of patrons of multiple businesses in the . vicinity of the premises, the parking "area- considered for 'the purpose of ~his rule shall be determined by the ares necessary to comply with the off-street parking requirements as mandated by ~he local ordinance . .e . (4 CCR S 61.4.) A complete copy of RuIe 61.4 is enclosed for your reference. B&P Cede Section 23789 provides 9rounds upon which a denial of a license may be based when considered in light of the antire record, This Section -- which allows denial of'a license when in close proximity to churches, hospitals, schools, and other non-profit youth facilities -- is best viewed in the context of a "protection of the public welfare and morals° argument. In relevant part, this B&P Code Section provides: '(a) The department is specifically authorized to refuse the issuance, other than renewal or ownership transfer, of any retail license for premises located within the immediate vicinity of churches and hospitals. (b) The department is sp~cifically authorized to refuse the issuance, other than renewal or ownership transfer, of any retail license for premises located within at least 600 feet of schools and public playgrounds or nonprofit youth facilities, including, but not limited to, facilities serving Girl Scouts, Boy Scouts, or Campfire Girls . . The denial of an off-sale license located in close proximity to a school was upheld in Donia v. Alcoholic Beyerase AuDeals Honorable Steve Ford, Chairman, and P.~m~ars o~ the Planning Commission City of Temecula May 16, 1995 Page 9 Board (1985) 167 Cal. App.3d 588, the Cou~c reviewed Wo cases previously decided ~o assire in determining when issuing a license would be c~ntrary to the public welfare and morals. In that first case, l[trbv v. Alcoholic Beveraoe AsDeals Board (1968) 261 Cal. App.2d 119, 67 Cal. Rptr. 628, the Donia Court noted as sufficiently based the decision that: 213 Cal.Rptr. 447. In Doni8,. '. .[O]v~'~ledtheboard's reversal of the department's denial of an off-sale license on the basis of the following factors: (1) the large enrollment of students at a nearby school; (2) the age of the students; (3) that the surrounding area was more residential than commercial; (4) the substantial ~-m'a-~..r of students walking past the proposed promises; (5) the extended use of the school beyond normal school hours; (6) the closeness of the proposed promises to the school; (7) the students' abilit~ to view the proposed promises readily from the school; (8) the ability to see inside the proposed promises readily from the outside; (9) the sale of it~m~ attrac~ive to children near the en~ranca to the proposed premises; (10) the intent to have ex'cerior advertising of alcoholic beverages; (11) the n~m~er of students patronizing the proposed promises; and (12) the presence of takeout food Honorable Steve Ford, Chairman, and H~m~ers of the Planning Commission cit~ of Tamecula May 16, 1995 Page 10 service close at hand.e (Donna, at 595, citing Kirby-, at 127-129.) f The Donta Court further noted that: wlnbothcases, there was a history of the littering of the school premises with alcoholic beverage containers; both campuses were closed, but that didnot eliminate all prohl~mm of control; and there were numerous extant off-sale outlets relatively close to the school (here, 20 withins general one- half mile radius; tnKirbv, 11 vtthina general one mile radius). In our view, these facecots also favor denial of · license. Fur~er, there is evidence hera of specific alcohol-related problems on the school 9Tounds other than extensive littering. Finally, there is considerable expert evidence of the recognized effects of off- sale outlets on public drinking, the associated police problems and the psychological effect of public drinking on children.' (Donia, at 596.) In that second case, Reimel v, Alcoholic Beyerase AnDeels Boa=d (1967) 250 Cal.App.2d 673, 58 Cal.Rpt. r. 788, the Donia Cou_--'~ noted that it had: "[A]lso overruled the board's reversal of a departmental denial, holding the following to be substantial evidence in suppo~c thereof: (1) the presence of takeout food on the premises; (2) the presence of itmme very attractive to children; (3) 20 child patrons per day; (4) after-school recreation on the school grounds; Honorable b~ceve Ford, Chairman, and N~mherS Of ~he Planning Commission tit7 of Temecula May 16, 1995 Page 11 (5) approximataly 200 airline feet distance from ~he proposed premises to the school; (6) students in grade K-S; and (7) the residential character of the surrounding ares, , . a (Donna, at p. 597.) Finally, the Court in Donia concluded that: sit appears the board [ in reversing the department,s denial of ~he license] gave undue weight to the fact none of the school children in the instant matter could pass as old enough to purchase liquor. Th4s assumes the possible availability of liquor to children is the only evil attending the issuance of a license to an off-sale outlet. Reason does not dictate that result; as empirical evidence demonstrates, the legitinization of public drinking in childish eyes is i~self an evil." (Id.) An approach taken by the City and County of Los Angeles to the "proliferation" issue is to diligently enforce the conditions assigned to a Conditional Use Permit. "The [C]ity and [C]ounty have determined that the liquor store environment, if left uncontrolled, produces: - littering - loitering, - drunken driving, - interference with children on the way to school, - discouragement of legitimate businesses, - encouragement of vice, and - defacement of buildings. Thus, the [C]ity and [C]ounty, by ordinance nowregulate liquor stores through monitoring such store's conformance to Conditional Use Permits rather than older methods of fixed or exclusionary zoning." (J. Longtin, land Use S 3.35, p. 298 (1987).) Honorable Steve Ford, Chaj_~m~n, and Nameera of the Plann4ng Commission City of Temecula May 16, 1995 Page 12 Used ~n catb~uation with the other ffi~tngs referenced above and when appropr4ate ~o the circumstance8 and facts before you, an off-sale 14cense could be denied for a s~ora ~n a center ~MLch also has a take-out food restaurant. (See Doni'a, 167 Cal.App.3d at 596; Reimel v. Alcoholic Bev. etc. APPeal Bd. (1967) 250 Cal,Xpp,2d 673,. 677-678,) The "find~nge ~n th~s ~?,ance would be that the comb~nation of take-out food and the off-site sale ~f alcoholic beverages would encourage and promote! the publ4c consumption of alcohol, the consumption of alcohol ~n motor vehicles, end the proliferation of open-conta4ntr violations -- all violations of the law and agaJ_~st the "public welfare and morals." Evidence of instances of such violations would greatly aid in supporting this finding. The use of uo~'s to regulate off-site alcohol sales, including applying the CUP requiresent to exis~aLng businesses if the business was destroyed and there was a substantial amount of time before the business reopened, was recently upheld as valid in Korean American Leaal Advocacy Foundation v.' City of Los Anueles (1994) 23 Cal.App.4th 376. A CaP ordinance for off-site alcohol sales was also upheld in Boccato v. City of Nereosa Beach (1994) 29 Cal. App.4~h 1797, except in its application to existing businesses. As a result of the above, I believe the requiramenta in the City's draft Development Code which require a CUP for off- site alcohol sales is a valid regulation. The ABC Board staff stated that many cities routinely file objections to licenses in their cities. This method would provide an avenue for achieving the objective of reducing liquor stores in cer%ain locations, without the legal exposure of having the City deny a permit. In fac~, the Legislature has revised the application procedure to make it more amenable to protests filed by local agencies. Assembly Bill No. 2742 (Ch. 629 rcata. of 1993) amends various B&P Code Sections, including the following: (1) Section 23987, which: (a) requires the Department to notify the city planning director, in addition to the usual local agencies, upon receipt of an original application for any Honorable Steve Ford, Chairman, and Nnm~ers of the Planning Com~ssion Cit7 of Temecula May 16, 1995 Page 13 llcense; and (b) allows the Department to ex~end the 30-day waiting period for an additional 20 days upon the writ~cen request of any local law enforcement agency. (2) SeCtiOn 24013, which requites the Departmant to notify ~he ;:xrotesr. ing public agency or official of its determination to recommend the issuance of a license and the reasons therefor, and to provide a notice of hearing to the protestant. Such favorable changes to the protest procedure may appeal to the Planning Commission as an alternative to flat-out denials. Finally, another tact to take isto find neutral or non- alcohol-related reasons to deny an application. Such reasons could include health or safety issues, traffic flow or congestion, parking, etc. As noted on page 6, one option is to greatly increase off-street parking requirements. The Combined Sale of Alcohol and Gasoline: Finally, the special requirements of Section 23790.5 .of the B&P Cede relating to the combined sale of alcohol and gasoline should be noted. Essentially, this Section prohibits local government from placing an all-out ben on the combined sale of gasoline and alcohol. For purposes of B&P Code Section 23790.5, "alcohol" is defined as the sale of beer and wine for off- premises consumption. This B&P Code Section prohibits local goverxmants from banning combined sales on or after January 1, 1988. Pot those jurisdictions which adopted before August 1, 1985 prohibitions on the sale of gasoline and other broad categories of ttnm, which might include alcohol, the Section allows for a cozr~inuation of Honorable Steve Ford, Chairman, and M~mhers of the Planning Commission City of Temecula May 16, 1995 Page 14 this bane. Finally, the B&P Code Section sere forth a mechanism by which local governments can regulate these sales -- by usin~ ~he Conditional Use Pertit process and making certain findings. The tit7 to regulate such sales through the Conditional Use Permit process must .enact or have an Ordinance that contains th~ following elsmants: ~ (1) A requirsmant for written findings. (2)' A provision for an administrative appeal if the governing bodyhas delegated its power to issue or deny a conditional use permit. (3) Procedures for notice of a hearing, conduct of a hearing, end an opportunity for all parties to present testimony. (4) A requirement that the findings be based on substantial evidence in view of the whole record to justify the ult.i~ate decision. As noted above, the City may not merely ban the combined sale of alcohol and gasoline. ~qiththe consideration of the new Development Code, a separate analysis on the impact of the Code's adoption on the authority to recodifyRiverside County's efforts in this respectwill need to ba made. Honorable Steve Ford, Chairman, and N-~ers of the Planning Commission City of Temecula May 16, 1995 Page 15 I hope 'this information is usefttl ~.o you. Please feel free to contact me should you have any further questions in this regard. Sincerely, ~~ZAt~corney city of Temecula GGD / apk Enclosures cc: Gary Thornhill, Planning Director Peter M. Thorson, Esq., City Attorney §6L4 § ~, Ucee~e UmJ~tJonL Nou~_~,,k, ky,.k,d-L--,z----Z~2Demd2~7$O, Buimm--.dPmkmdam r'.,~4, Rffea,t,~JelJimm~ll~J3111md.23~l, kmd Pnaitmiml l. Ammzbmeadm(diss-d12-6-68;dmipmdeffgdvel.4-49 2. 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I~'oidmllytoRa~idemleL No~,i_-h,~lt---'"'"'--ofanuLilli~m~a' ' ' mns- f~ofamm]ikem~zimllbeal~,,,edfmp~isutlwbicbeid~lbe (a)Tb~p.,.~m e~kx:a2d v,;~:,;n 100 faxa~amidm~ Co)~b~pmt~bxwpm~-_*muwbid2b,,,-b,,-~for,k-bme~ ofpaumoflcp,-,,,i~wopammiinamjuncwimwith~helmnim, isl~-M~ wid6n IOOf~tofap.~,t,.~ ~mn~d--p~iotismain, ubx~dfw'k,'lx~o~petmm~f-,-h~.kb.ineamln.k-,i,:inbyof b~d~mmim~ibyttgn~mmmpiywilhboff4mmpmii~g m]u~--,~mumamigdbyd~lo~loulimm~orifdmm~gmokml ThisnzledoamtmMs~ymdw, pmmim hve bem li~md Not,~lms~,i~th~pmvis~om~eismk, th~d~munmtma.v iuug wbcnlhcappiju~,m*-klisbesdw, theopcrudouoflhcbus~neowo, N~Auds0r~,,k-4-~.-,,;,,-2~7~0, Business md pmr._.~_s Coclc Sec,d.8 ATTACHMENT NO. 2 LETTER TO CITY COUNCIL R:'~I'A~BF. ER~¥1N~.CC 9113195 vF 5 I!I.ECDflE~ (714) ~ AUguSt 11, 1995 Honorable Jeffrey E. Stone, Mayor and Members of ~he City Council city of Temecula 43174 Business Perk D~ive Temecula, California 92590 Additional Information Regerding Local Regulation of Alcohol Beverage Licensing and Establishments Selling or Serving Alcoholic Beverages Dear Mayor Stone and Members of the City Council: When the City Council considered whether or not to delegate the authority for making the "public convenience or necessity" determination for alcohol licensing under Business and Professions Code Section 2395S.4m, the City Council requested additional information regarding ~he licensing process and the new legislation in order to adequately make the delegation determination. This letter is designed to provide that information to you. In making a request for additional information, the City Council asked the following questions: Prior to the enactment of the new legislation on alcoholic beverage licensing, what was the approval process? ;Unless otherwise noted, all further "Section" references will be to the California Business and Professions Code. Honorable Jeffrey E. Stone, Mayor end M-m~ers of the City Council City of Temecula August 11, 1995 Page 2 Under the new legislation, what is the new authority of City to regulate the licensing of establishments selling or serving alcoholic beverages? Since some of the new authority granted to cities is based upon the finding of 'public convenience or necessity,a how does the City make that finding or determination? Does the new authority apply to transfer of a license as opposed to the establishment or the.issuance of a new license? How does the new legislation, one which imposes a moratorium and the other which makes an overconcentration determination, interact with each other end with other laws such as the concurrent sale of gasoline with beer end wine? Does this new authority for the cities mean that the cities now have the responsibility for background checks of license applicants or the authority to revoke or punish "bad licensed facilities" such as a poorly run bar? SUMMARY CONCLUSIONS Prior to the new legislation, the City's role in alcoholic beverage licensing was limited to determining zoning compliance and filing protests to the issuance of specific licenses· Under the moratorium provisions, the City's role is to determine if it applies· If so, the City could use the moratorium as the basis to deny a Conditional Use Permit. After January 1, 1996, the City Council could override the moratorium by making a finding of "public convenience or necessity" being served by the license. Under the ~undue concentration" provisions, the City's role is to determine if it applies end if so to determine if despite such "undue concentration," the Honorable Jeffrey v.. Stone, Mayor and Members of the City Council City of Temecula Xugust ll, 1995 Page 3 "public convenience or necessity" vould be served by the issuance of the license. The phrase npublic convenience or necessitym is not defined by statute, regulation, -or court decisions. Only a few factors set forth in this letter have been analyzed by the courts to provide some insight and guidance in this respect. The moratorium provisions only apply to soriginal' or new l~censes. The undue concentration provisions apply to both new or soriginals licenses and to premises to premises transfers. The City should review applications to determine first if the moratorium applies to it end then if it does not to see if the undue concentration provisions apply to it. If either t.he moratorium or the undue concentration provisions apply, the City could deny an application for the concurrent sale of gasoline with beer and wine. The new legislation analyzed her.in does not allow the ..' City to look at the applicant's background or fitness to be licensed· These issues are within the purview of the ABC. The City retains its existing authority to prosecute problem alcoholic beverage outlets and their owners or patrons. alOT.YBIg OFIGSUEB Prior to the new legislation being adopted, the City's authority to regulate the issuance of licenses to operate establishments which sell or serve alcoholic beverages was extremely limited· This is reflectted first in ~h.e zoning compliance stage and secondly in the protest stage. Under the old law, which still applies in many instances, ~he Department of Honorable =offroy E. Stone, Mayor end M~mhers of the City Council City of Tomecola . AUgUSt 11, 1995 Page 4 AlcOholic Beverage Control or eABCo requires as part of the license issuance or ~ransfer, a form~ to be executed by the City for each license indicating compliance with locel zoning. Section 23790 prohibits the ABC from issuing a re~ail license for the sale or service of alcoholic beverages: e.. . for any premises which ere located in eny territory where the exercise of :their rights end privileges conferred by the license is contrary to the valid zoning ordinance of eny county or city. ." Sec~cion 23791 also indicates ~h~tthe authority of the State to license alcoholic beverage sales and service outlets does not interfere with the power of cities to plan end zone under the appropriate provisions of the Government Code. Consequently, the City would retain full power to prohibit the sale or service of alcoholic beverages in, for example, a residential zone. The "zoning affidavit" completed by the City.for each applicant for any ABC license would indicate if the sale or service of alcoholic beverages was permitted at the particular site in which it was proposed to operate, or in the instence where it maybe conditionally permitted if a Conditional Use Permit is obtained. The only other area previously where cities.were involved in." the licensing or regulation of outlets selling or serving alcoholic beverages was during the "protest" stage. In this instance, if the City, City Council, Police Chief, or other departments determine that the site wasa potential problem relative to the service of alcoholic beverages, the City could protest =he issuance of the license, state the grounds for the protest, provide suppor~cing evidence to that effect, end a hearing would be held by the ABC to determine if, despite these protests, the "public convenience or necessity" would be served by the issuance of the license. Once a protest determination is made, if it was favorable to the applicent, the City's only remaining remedy at that point was to institute litigation. ~l~is form is called a "Zoning Affidavit." Honorable Jeffrey E. Stone, Mayor and N~m~ers of ~he City Council City of Temecula August 11, 1995 Page 5 Under bo~hthe older statutes and the new ones, the City retains the authority to regulate the land use or probl~--tic' issues ~ining to establishments eelling or serving alcoholic beverages. By this, I mean specifically that if the operation of ~he enterprise was such that it constitutedadisturbance to the neighbors or public nuisance, the City is able to use its public nuisance ordinance or to crininally cite violators for such things as service to minors, public drinking, noise disturbances, or other violations of the State Penal Code or the City's Municipal Code. This has not been changed in any way by the new legislation- In 1994, the State Legislature enacted two different billsr which granted cities in certain cir~m-tances additional authority relative to outlets selling or serving alcoholic beverages. These two bills enacted Section 23817.5, the "moratorium" provision and Section 23985.4, the "undue concentration" provision. Each provision will be discussed separately below. In addition, this year, the State Legislature enacted Section 23817.7 to allow additional flexibility to the moratorium provision. However, this provision was not enacted as an urgency measure, so it will not become effective until Jenuary. 1, 1996. .- The Moratori-m Pr~vision Section 23817.5 inposesa moratorium on the issuance of oriainal~ retail off-sale beer and wine licenses until January 1, 1998 if any of the following circumstances apply: "(a) The applicant premises are located in an incorporated city where the number of retail off-sale beer and wine licenses issued exceeds one ~he term 'original" license means a new license and excludes a premises to premises ~ransfer of a license. Consequently, the moratorium does not apply to license transfers. Honorable ~e~frey E. Stone, Mayor and M-~ers of ~he City Council City of Temecula AUgUSt 11, 1995 Page 6 license for each 2,500, or fraction thereof, inhabi~ants of the incorporated City. (h) The applicant premises ere located in a countywhere the number of retail off-sale beer end wine licenses issued exceeds one license for each 2,500, or fraction thereof, inhabitants of the county. (c). The applicent premises ere located in a city and countywhere the total n-m~er of retail off-sale beer end wine licenses end off-sale general licenses issued exceeds one license for each 1,250 or fraction thereof, inhabitan~s of the city and county.m Under Section 23871.5, the moratorium prohibits ABC from accepting or issuing a new or original license for off-sale beer and wine if the moratorium's ~hresholds ere met. There is limited City involvement in the moratorium process other than to determine if the moratorium applies when acting on the land use application for a project. For example, a project proposing to sell beer and wine in conjunction with motor vehicle fuel would require a Conditional Use Permit. If the applicant will need a new ABC license and the moratorium applies, the moratorium could be the basis for denying the CUP. However, if the applicant has an ABC license transferred, the moratorium would not apply end the City would act on the CUP application as it would any other CUP application. After January 1, 1996, the provisions of Section 23817.7 become effective and allow the City Council to make a determination of "public convenience or necessity" which when Honorable Jeffrey E. S~one, Mayor and M~mhers of ~he City Council City of Temecula August 11, 1995 Page 7 combined with several other factors~ would allow ABC to issue a license despite the moratorium imposed by Section 23871.5. The basis of the 'public convenience or necessity" finding is discussed in Analysis 2a below. Until January. 1, 1996, the City Council cannot override the moratorium provisions. The Undue Conoentration Provision The "undue concentrations provision is found in Section 23958.4. If undue concentration of establishments selling or serving alcoholic beverages is found, Section 23958 requires the ABC to deny a license. Undue concentration applies to all types of alcohol licenses, i.e., both on-site end off-site and includes all alcoholic beverages and not Just beer and wine. Undue .. concentration occurs under Section 23958.4, when: The applicant premises ere located in a crime reporting district that has a 20 percent greater number of reported crimess . than the ~rhese other factors include: (1) The applicant premises are located in an area that.= falls below the concentration level provided in Section 23958.4(a)(1); and, (2) The applicant premises ere located in an area that falls below the concentration level provided in Section 23958.4(a)(3). Both factors (1) and (2) must occur as well as the City's finding public convenience or necessity in order for the moratorium not to apply to a particular license application. s"Reported Crimes" include: Criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft and motor vehicle theft combined with all arrests for other crimes (felony end misdemeanor), except traffic citations. "Reporting Districts" is locally defined as that used for keeping Honorable Jeffrey E. Stone, Mayor and N~m~ers of ~he City Council City of Teme~ula Aug~lst 11, 1995 Page 8 average D,mher of reported crimes as determined from all crime reporting districts within the Jurisdi~cion of the lo~al law enforcement agency. (2) As to on-sale retail license applications, the ratio of on-sale retail licenses to population in the census tract or census division in which the applicant premises ere located exceeds the ratio of on- sale retail licenses to pupulation in the county in which the applicant premises ere located. (3) As to off-sale retail license applications, the ratio of off-sale retail licenses to population ~n the census trac~ or census division in which the applicant premises are located exceeds the ratio of off- sale retail licenses to population in the county in which the applicant premises are located. In determining the ratio of licenses to population, Section 23958.4 uses the most recent decennial census or special census to obtain ~he "census tract" population and the annual State Depament of Finance estimate to obtain the County population. In using the decennial census, Section 23958.4 does allow an applicant to establish" . . . than an increase of resident population has occurred within the census tract or census division .' to rebut an "undue concantratione determination. statistical records. Honorable Jeffrey E. Stone, Mayor and N-m~ers of the City Council City of Temecula August 11, 1995 Page 9 Section 23958.4(b)(2) allows the ABC to issue a license despite the nundue concentration" determination when the City' Council, or the body to whom the tit7 Council delegates that decision, finds that the "public convenience or necessity" would be served by issuance of a license. How the finding of "public convenience or necessity" is made is addressed in the next Section. Issue 2 (a~ s While Section 23958.4 generally allows the City Council to override the presumption of undue concentration created by the application of the various formulas, i.e. population to alcohol licenses or crimes per license in specific ere.s, this determination is based on a finding of "public convenience or necessity" being served by the issuance of a license. However, the phrase "public convenience or necessity" is not defined in either the Alcoholic Beverage Control Act provisions of the Business and Professions Code or in the ABC's.inplementing Regulations. There is scant case law interpreting the provisions pertaining to "public convenience or necessity" to provide real guidance in this respect. Contact with the ABC has further indicated that they have few, if any, guidelines themselves which they utilize in making determinations of public convenience or necessity at the State level. In this respect, guidance can be .' found only from the limited case law available. One point that is instructive from the two cases discussing public convenience or necessity in an alcoholic beverage licensing contex~ is that the State Legislature's use of this phrase, separate and apart from the criteria applicable to the determination of undue concentration allows an assumption that the Legislature intended ". . to invoke criteria different [in finding public convenience or necessity] from those utilized in determining 'undue concentration.'em Therefore, "public convenience or necessity" means something other then the n~m~er and location of the licensed alcohol premises which is already 6Sepatis v. Alcoholic Beverage Control Appeals Board, (1980) 110 Cal.App.3d 93 at 101. ~G~-,U2Sa Honorable Jeffrey E. Stone, Mayor and H~mx~rs of the CitTCouncil City of Temecula August 11, 1995 Page 10 covered by the factors used to determine undue concentration. Public convenience or necessity therefore may be found in a number of factors, although the list is not all inclusive based on the failure by the Legislature, the ABe, erthe courts to delineate these factors more clearly. Such factors may include: 1. The character of the particoler pre=tses. 2. The aesthetics end ambiance of the proposed business. 3, The attractiveness of the proposed business, The manner in which the business is to be conducted, i.e., special or unique features, such as the type of' games, food, or other service provided. 5. The type of quests who ere likely to be patrons. The predicted mode of operation. The ability of the proposed business to serve a niche in the population not filled by other licensees in the same area, such as, catering to a par~iculer clientele,. economic or social grouping, or similar category under~.' served or under-represented in the vicinity's existing licensees and their pa~rous. Convenience of purchasing alcoholic beverages in conjunction with specialty food sales, or services,7 7Although this may not always be successful as the court noted in ~he Department of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board, (1982) 133 Cal.App.3d 814 at 819 that: "[a]lthough applicant-premises sell a unique variety and assoment of Cuban grocery items, it was not established that public convenience and necessity require the issuance of a license to the applicant- Honorable Jeffrey E. Stone, Mayor end Me-~ers of ~he City Council City of Temecula August 11, 1995 Page 11 Because ~he S~ate legislation and ~he implementing regulations provide virtually no guidence upon which the City is to base its determination of public convanienca or necessity, I believe that a reviewing court would likely hold the City to the same type of standard to which the cour~ holds the State ABC in making this same public convenience or necessity determination. In this respect, the legal standard of review that a cour~ would apply this decision is likely to be 'abuse of discretion.m The standard looks to determine if there is subs~antial evidence in the record to support the findings end conclusions of the hearing body.. It does not review the evidence or the facts to determine if the mrightm conclusion was reached, but looks to see if there was sufficient evidence upon which the findings made by the hearing body could be made. If, end only if, the decision is not supported by evidence in the record, will the decision likely be overturned. It does not matter that there is conflicting evidence in the record or that a reasonable parson could reach the opposite conclusion of the hearing officer so long as there is sufficient evidence in the record to support the decision reached by the hearing officer. Issue No, 32 The moratorium found in Section 23817.5 applies only to "original" or new licenses and only to "off-sale beer and wine licenses." Section 23817.5 provides in relevant part that: "No application for an original retail off- sale beer and wine license may be made-nor premises, in that customers at the applicant- premises may easily avail themselves of alcoholic beverages from licensees in close proximity to the applicant-premises." The court in this case based their determination on the fact that there were eight licensed premises within a 1,000 feet of the applicant-premises including as close as within 300 feet where there were two other small grocery establishments. Honorable Jeffrey E. Stone, Nayor and N~m~ers of the City Council City of Temecula August ll, 1995 Page 12 any original re~ail off-sale beer and wine license issued . . e As such, the moratorium only applies to 'original' or new licenses. The "undue concentration' provision found.in Section 23958.4 applies to bo~h 'original' or new licenses and:to 'premises-to- premises ~ransfer" of licenses. Section 23958.4 applies to instances by defining "undue concentration' as including both situations. Issue NO, 42 The moratorium end undue concentration provisions are ~ designed to intarac~ with each o~her. In reviewing an application, if it involves off-sale of bear end wine, then it should be determined if the application is for a new license or a transfer. If it is a new license, the moratorium applies. If it is for a transfer, the moratorium does not apply and the factors defining "undue concentration" of licenses should be reviewed. If the license application is for something other than off- sale beer and wine or if the applicant has a transferred license,. then the undue concentration factors need to be reviewed. If : undue concentration is not found, the application is processed by the City as it would be without an alcohol issue. If undue concentration is found, then the City Council or the body to whom the City Council delegates the authority needs to make a determination on "public convenience or necessity" as outlined in Section 2a. of this letter. One area likely to arise is how the moratorium or the undue concentration provisions relate to the provisions of State law authorizing the concurrent sale of gasoline with beer and wine. Section 23790.5 regulates the concurrent sale of gasoline with beer and wine end contains no specific exemption.or exception from the moratorium provisions found in Section 23817.5. As a result, it is my conclusion that the moratorium provisions operate to preclude the issuance of an original retail off-sale beer and wine license when the moratorium applies until January ~OE:4525,2 Honorable Jeffrey E. Stone, Mayor and N-m~ers of the City Council City of Temecula August 11, 1995 Page 13 1, 1998-s Further support for this conclusion is found in the language of the concurrent sale of gasoline with bear and wine provisions in Sec~cion 23790.5 i~self. · In particular, Subsection (a) provides in relevant part tha~= m. · . It is the intent of the Legislature to prevent the legislative prohibition of the concurrent re~ailing of bear end wine for off-premises consumption and motor vehicle fuel vhere the reta///ag of each/s o~bervise aTlowah/e . o ." [Emphasis added. ] When the moratorium applies under Section 23817.5, the retailing of beer and wine is not "otherwise allowable" until January 1, 1998. Therefore, if the retailing of bear and wine for off- premises consumption is not otherwise allowable, then Section 23790.5 would not operate to defeat ~he moratorium. Even if the moratorium under Section 23817.5 does not apply, an application could be from an area having an undue concentration of liquor establishments under Section 23958.4. If this is the case, the same conclusion reached above will also generally apply. The only caveat hare is that the City Council could find the "public convenience or necessity" would be served by the issuance of the license. Therefore, if the City Council does not find "public convenience cr necessity," then retailing of beer and wine for off-premises consumption is not "otherwise authorized." Issue No, S: The new legislation outlined in this analysis only applies to the initial set-up of an establishment selling or serving alcoholic beverages, and not to the ongoing operational aspects. In addition, reviewing the background and ability of individual license applicants is a responsibility of the ABC. sSubject to the potential to override the moratorium after January 1, 1996 provided by SB403. Nos:4J~J.2 Honorable Jeffrey E. Stone, Mayor and Members of ~he City Council City of Temecula Augl/st 11, 1995 Page 14 As noted earlier, the City can deal with problem license- holders or their patrons ~h~ough existing City ordinances such as public nuisance or ~hrough the Penal Code. Additional background information on the City's authority relative to establishmen~s selling or serving alcohol is con~ained in my May 16, 1995 letter to the Planning Commission which is attached for .your reference. I hope the foregoing information is helpful to you. Should you have any questions regarding this matter or wish to discuss it fur=her, please feel free to contact City Attorney Peter Thorson or myself. Sincarely, ' ttcrXey CITY OF TEMECULA Enclosure CO: Ronald Bradley, City Manager June Greek, City Clerk Gary Thornhill, Director of Community Development Debbie Ubnoske, Planning Manager Peter M. Thorson, Esq., City Attorney ITEM #4 MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission :Debbie Ubnoske, Planning Manager September 18, 1995 Approval of Beer and Wine License for Unocal Planning Application No. 94-0128 CUnocal) is on the Commission's Agenda this evening. The zoning for the site is C-I\C-P (General Commercial) and the General Plan is HTC (Highway Tourist Commercial). The project is consistent with the City's zoning and General Plan. The project is located at the southeast corner of Raneho California Road and Front Street. It is recommended that the Planning Commission make a determination of "public convenience and necessity" based upon input received from the applicant. ITEM #5 TO: FROM: DATE: SUBJECT: Planning Commission Debbie Ubnoske, Planning Manager September 18, 1995 Approval of Beer and Wine License for Shakespeare's Planning Application No. 95-0069 (Shakespeare's) was approved at.the August 31, 1995 Planning Director's Hearing. The zoning for the site is M-SC (Manufacturing Service Commercial) and the General Plan is CC (Community Commercial). The project is consistent with the City's zoning and General Plan. The project is located at 27645 Jefferson Avenue, #116 (Old Adobe Pl~Ta). It is recommended that the Planning Commission make a determination of "public convenience and necessity" based upon input received from the applicant. R:~STAFFRFr~I'IAKE~PE.BEE 9/13/95 du ITEM #6 MEMORANDUM TO: FROM: DATE: SUBJECT: Planning COmmission Debbie Ubnoske, Planning Manager September 18, 1995 Approval of Beer and Wine License for Chevron Planning Application No. 94-0095 (Landgrant Shopping Center) was approved by the Planning Commission on March 6, 1995. The zoning for the site is C-P-S (Scenic Highway Commercial) and the General Plan is CC (Community Commercial). The project is consistent with the City's zoning and General Plan. The project is located at the southwest comer of Redhawk Parkway. It is recommended that the Planning Commission make a determination of 'public convenience and necessity" based upon input received from the applicant. ITEM #7 MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Debbie Ubnoske, Planning Manager September 18, 1995 Approval of Beer and Wine License for Ralphs Planning Application No. 94-0095 (Landgrant Shopping Center) was approved by the Planning Commission on March 6, 1995. The zoning for the site is C-P-S (Scenic Highway Commercial) and the General Plan is CC (Community Commercial). The project is consistent with the City's zoning and General Plan. The project is located at the southwest comer of Redhawk Parkway. It is recommended that the Planning Commission make a determination of "public convenience and necessity" based upon input received from the applicant. R:X~TAFFRPT'~ALPHS.BEE 9113195 du ITEM #8 TO: FROM: DATE: SUBJECT: Planning Commission Debbie Ubnoske, Planning Manager September 18, 1995 Approval of Beer and Wine License for Sunshine Market Sunshine Market is an existing use in Temecula. The zoning for the site is C-I\C-P (General Commercial) and the General Plan is SC (Service Commercial). The project is consistent with the City's zoning and General Plan. The project is located at 28950 Front Street,//101-103. It is recommended that the Planning Commission make a determination of "public convenience and necessity" based upon input from the applicant. R:k~TAFFRPT~UNSHINE.BEE 9/13/95 du ITEM #9 TO: FROM: DATE: SUBJECT: MEMORANDUM Planning Commission Gary Thornhill, Community Development Director September 18, 1995 Conceptual Grading Plan for Westside Specific Plan (Planning Application No. PA95-0003) Prepared by: Matthew Fagan, Associate Planner RECOMMENDATION: Planning Staff recommends the Plannin Commission: APPROVE the Conceptual Grading Plan for the Westside Specific Plan. BACKGROUND Condition of Approval No. 7 of the Westside Specific Plan stipulates: "Within 30 days from the second reading of the Ordinance Amending the Zoning Map of the City of Temecula, a preliminary grading plan shall be submitted to the Planning Department for approval by the Planning Commission." The applicant submitted a preliminary copy of the conceptual grading plan to Staff within the deadline prescribed in the condition of approval. Staff had several meetings with the applicant regarding the conceptual grading plan and has conducted an in-house review of the preliminary conceptual grading plan. The plan v~hich is before the Commission is the result of these meetings and reviews. ANALYSIS Conceptual Gradina Plan Contents The conceptual grading plan includes grading from the Old Town Redevelopment Project (primarily Area A}, grading for Planning Areas B, C and D of the Westside Specific Plan and grading from the First Street Extension, the Western Bypass Corridor and the Vincent Moraga Street extension. Sheet 1 of the Conceptual Grading Plan is Planning Areas A and D of the Westside Specific Plan. Originally, Area D was High Density Residential in the Westside Specific Plan, and was deleted by the City Council. Area E (Mixed Use) was renamed Area D in the Westside Specific Plan. Sheet 2 encompasses Planning Areas B, C and portions of Area F (Open Space). Sheet 3 contains profiles of the Conceptual Grading Plan, from the Western Bypass to the west and to the slope behind the residences on Pujol Street. Six profiles have been included. A conceptual site plan has also been provided for reference. Constraints on DeveloDine the Conceptual Gradina Plan The engineers for the Conceptual Grading Plan had several constraints which dictated the grading for the overall project. Alignments for both the Western Bypass Corridor and the First Street Extension provided a framework for the design. In addition, language in the Westside Specific Plan and mitigation measures contained in the Final EIR for the Old Town Redevelopment Project called for a sensitive interface with the residences along Pujol Street. The alignment of Vincent Moraga Road and the future development on Planning Areas B and C also influenced the design of the plan. Earthwork Quantities Earthwork quantities from each of the projects have been included on Sheet I of the conceptual grading plan. According to the engineers for the plan: "Although the total excavation and embankment quantities for Planning Areas A, B, C and D are not equal, allowing for a shrinkage factor of approximately ten percent (10%), the earthwork quantities are balanced. Using the same parameters for the streets, the street earthwork quantities are in excess of approximately 47,000 cubic yards of cut which can be placed in areas adjacent to the Western Bypass Corridor. The excess cut on Planning Areas A and D will be placed on required fill areas in Planning Areas B and C." Buildincls Across Parcel Lines Sheet 1 of the conceptual grading plan shows several buildings crossing parcel lines. It is likely that the parcels will receive minor modifications at the final map stage which will alleviate this situation. If the situation still exists after the recordation of the final map(s) for the Westside Specific Plan, then lot line adjustments may be required prior to the issuance of a building permit(s). CLOSED SESSION BREAK ITEM #10 ~ORANDUM TO: FROM: DATE: SUBJECT: planning Commission Gary Thornhill, Community Development Director September 18, 1995 planning Application No. 94-0128 CLlnocal - Conditional Us~ Permit) - A proposal to demolish and rebuild a 1,863 square foot gas station with a convenience store and concurrent sale of beer and wine located at the southeast comer of Rancho California Road and Front Street Prepared By: Matthew Fagan, Associate planner RECONIMENDATION: The planning Department Staff recommends the Planning Commission: ADOPT Rgsolution No. 95- approving PA94-0128, Amendment No. 1 based upon the Analysis and Findings contained in the Staff Report; and APPROVE Planning Application No. PA94-0128, Amendment No. 1 subject to the attached Conditions of Approval. BACKGROUND This item was continued by the Planning Commission at their meeting on July 17, 1995. Staff was directed to work with the applicant and address the concerns of the Planning Commission. The applicant could not meet the August deadline for re-submittal and requested that the project be continued at the August 21, 1995 Planning Commission meeting. The Planning Commission continued this item to their September 18, 1995 meeting. R:\STAFFRFfiI28PA95.1N~ 9/13/95 mf I ANALYSIS The concerns and/or comments raised by the planning Commission at the July 17, 1995 meeting arc discussed below: Reduce the Square Footage of the Building The Commission recommended that the applicant either reduce the size of the building or reduce the number of gasoline dispensers. The original square footage of the proposed building was 2,500 square feet. The applicant has re-submitted a plan which proposes an 1,863 square foot building. The re-submittal reflects nine (9) gasoline dispensers, which is the same number of dispensers as proposed on the original submittal. Relocate the Trash Enclosure The location of the trash enclosure on the original submittal was in view of Rancho California Road. The Commission recommended that the wash enclosure be moved next to the vapor extract enclosure (on the south side of the building). The trash enclosure has been moved to the south side of the site. Both the trash enclosure and the vapor extract enclosure will consist of concrete block. Retain as Much of the Existing Landscaping as Possible The Commission recommended that the applicant retain as much of the existing landscaping as possible. The applicant re-submitted a landscape plan which indicates that some existing trees and tuff area wffi remain. The Commission also recommended that the applicant expand the amount of landscaping on the site to provide for ultimate right-of-way development on Front Street and Rancho California Road. The landscaping on the northwest comer of the site has been expanded to allow an avenge width of eight (8) feet upon the ultimate right-of-way development on Front Street and Rancho California Road. The planter at the northeast portion of the site has not been expanded and will be removed upon the ultimate fight-of-way development on Rancho California Road. Revise the Plant Palette The Commission recommended the applicant revise the plant palette for the new landscaping, omitting Dwarf Oleander (shrub) and California Sycamore (tree) from the palette and including both evergreen and deciduous trees. Dwarf Oleander (shrub) and California Sycamore (tree) have been removed from the revised landscape plan palette. Tree choices are Olive and Italian Stone Pine. The Commission also requested that tree sizes include minimum tree trunk widths (callper should be specified) and height. The applicant has chosen not to provide this information. R:\STAFFRPT~I28PA95.PC3 9113/95 mf 2 Elevations The Commission recommended that the applicant provide color elevations and ~mples of the roof tile that will be used for the project..Full size exhibits have provided and will be available for the Commission to view at the September 18, 1995 hearing. The base color of the building will be tan, with light brown used as an accent color for the base and doors. The roof tile will be "Spnnigh Style" Straight Barnil Mission Clay Roof Tile. Staff has concerns regarding the east facing elevation of the project (the rear of the building). This elevation has no articulation to break up the massing of the elevation. Additional Conditions of Approval Staff recommends that the project be conditioned to be consistent with the CUP handbook which was prepared by the applicant. The Planning Commission may also opt to further restxict the hours for beer and wine sales which are contained in the CUP handbook. Staff recommends the Commission condition the project for the trash enclosure and vapor recovery enclosure to be consistent with the building in terms of colors and materials. Staff recommends that the applicant provide additional articuhtlon of this east facing elevation. Possible options include, but are not limimcl to: continuation of the tile roof to this elevation, adding horizontal and vertical score lines, painting the base of the building to match the other elevations, and/or other items' deemed appropriate by the Planning Manager. The Deparanent of Public Works recommends revise Condition of Approval 66.b. to read as follows: "The applicant shall record a written agreement with the City of Temecula to participate in its proportionate cost of the smut widening improvements along Rancho California Road and Front Street to include but not be limited to pavement widening, street lighting, sidewalks, parkway landscaping, and utility relocations. The agreement shall be subject to the approval of the City Engineer and City Attorney." Attachments: Resolution No. 95- - Blue Page 4 Exhibits - Blue Page 20 R:~fTAFFKFI'XI28PAg$.I~:t 9113195 ATTACHMENT NO. 1 PC RESOLUTION NO. R:~STAF~Klrr~I2SPA93.PC3 9113195 mf 4 PC RESOLUTION NO. 95- A RESOLUTION OF ~ PLANNING COMMISSION OF ~ CII'I/ OF TEMECULA APPROVING PLANNING APPLICATION NO. 94-0128 (CONDITIONAL USE PERMIT), TO PERMIT TIIR. OPERATION OF A GAS STATION AND CONVENIENCE STORE WITH Tnle~ CONCURRENT SAt,I~, OF B~,k'IR AND WINE LOCATED ON THY~ SOUTnY-AST CORNER OF RANClIO CJkI.IPORNIA ROAD AND FRONT STREET AND KNOWN AS ASSESSOR'S PARCEl, NO. 921-070-001 WitERF_AS, UNOCAL Petroleum Products Company ~ed planning Application No. 94.0128, in accordance with the City of Temecuh General Plan and Riverside County Land Use and Subdivision Ordinances, which the City has adopted by reference; WtIP. REAS, Planning Application No. 9443128 was processed in the time and manner prescribed by State and local law; WI~.REAS, the Planning Commission considered planning Application No. 94.0128, on July 17, 1995, at a duly noticed public heating as prescribed by law, at which time interested persons had an opportunity to testify either in support or in opposition; WltF. REAS, at the Planning Commission continued Planning Application No. 94- 0128 on July 17, 1995 and on August 21, 1995; WIW. REAS, the Planning Commission considered Planning Application No. 94-0128, on September 13, 1995; WItEREAS, at the conclusion of the Commission hearing, the Commission approved Planning Application No. 94-0128; NOW, TI~I~.REFORE, THY. PLANNING COMMISSION OF TIIF. CITY OF TIe~VIECULA DOES RESOLVE, DETERMINE AND ORDER AS FOI~OWS: Section 1. That the above recitations are true and correct. Section 2. Findings. That the Temecula Planning Commission hereby makes the following findings, to wit: I. The proposed use conforms to all General Plan requirements and with all applicable requirements of state law and City ordinances. The project is a permitted use within the General Plan Land Use designation of Highway Tourist Commercial (ttTC). In addition, the project is permitted under the existing General Commercial (C-I/C-P) zoning. R:\STAFFRIr/~I28PAg$.l~C~ 9/13/95 mf 5 2. The overall development of the land is designed for the protection of the public health, safety and general weftare; conforms to the logical development of the land and is compatible with the present and future logical development of the surrounding property. 3. The proposed use or action complies with all other requirements of state hw and local ordinances. The proposed use complies with C~lifornia Governmental Code Section 65360, Section 18.29 (Conditional Use Permit) of Ordinance No. 348. 4. The proposed project will not be detrimental to the health, safety or general weftare of the community. In addition, the proposed projea will not have a significant impact on the environment. The pwject is Categorically Exempt from the California Environmental Quality Act (CEQA) par Section 15302 of the CEQA Guidelines. Conditions of Appwval wffi ensure that the project is not detrimental to the health, safety or general welfare of the community. 5. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot cenfignration, access, and intensity of use, because the proposed planning application (Conditional Use Permit), as conditioned, complies with the standards contained within the City's General Plan and Ordinance No. 348. 6. The project is compatible with surrounding land uses. The project is located in an area of existing and proposed commercial development. 7. The project has acceptable access to a dedicated fight-of-way which is open to, and useable by, vehicular waffic. Access to the project site is fwm publicly maintained roads (Fwnt Street and Rancho California Road). 8. The design of the project and the type of improvements are such that they are not in conflict with easements for access through or use of the property within the proposed project. 9. Said findings are supported by maps, exhibits and environmental documents associated with these applications and herein incorporated by reference. 10. As conditioned pursuant to Section 4, Planing Application No. 94-0128 as proposed, is compatible with the health, safety and weftare of the community. Section 3. Environmental Compliance. The proposed project wffi not have a significant impact on the environment. The project is Categorically Exempt from the California Environmental Quality Act (CEQA) per Section 15302 of the CEQA Guidelines. Section 4. Conditions. That the City of Temecula Planning Commission hereby approves Planning Application No. 94-0128 to demolish an existing service station and rebuild a 1,863 square foot station with a convenience store and concurrent sale of beer and wine located at 28903 Rancho California Road and known as Assessor's Paxeel No. 921-070- 001, and subject to the following conditions: R:'~fAFFRPT~128PA9S.laC3 9113/95 mf 6 A. Exhibit A, attached hereto, and incorporated herein by this reference and made a part hereof. Section 5. PASSED, APPROVED AND ADOPTED this 18th day of September, 1995. STEVEN I. FORD CHAIRMAN I [W. RERy CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the Cit~ of Temecula at a regular meeting thereof, held on the 18th day of September, 1995 by the following vote of the Commission: PLANNING COI~VIISSIONER$: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: GARY THORNt~L SECRETARY R:\STAFF!m-F~128PA95.PC39/13/95mf 7 EXHIBIT A CONDITIONS OF APPROVAL R:~STAFFRF~I28PA95.PC3 9113195 mf 8 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. 94-0128, Amendment No. I (Conditional Use Permit) Project Description: The demolition of an existing service station to be rebuilt with a 2,500 square foot station with a convenience store and concurrent sale of beer and wine Assessor's Parcel No.: 921-070-001 Approval Date: Expiration Date: PLANNING DEPARTMENT General Requirements Planning Application No. 94-0128 shall not be effective or vest until the City Council finds in accordance with Business and Professions Code Section 23958.4 that despite a presumption of undue concentration, the public convenience or necessity would be served by the issuance of a liquor license at this location. In the event that the City Council delegates the authority to determine public convenience or necessity under Business and Professions Code Section 23958.4, this condition shall be satisfied if the party or body to whom authority is delegated makes the finding of public convenience or necessity. The use hereby permitted by the approval of Planning Application No. 94-0128 is for the demolition of an existing service station to be rebuilt with a 2,500 square foot station with a convenience store and concurrent sale of beer and wine. The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an 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 Planning Application No. 94-0128 (Conditional Use Permit), Amendment No. 1 which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). City shall promptly notify the developer/applicant of any claim, action, or proceeding brought within this time period. City shall further cooperate fully in the defense of the action. Should the City fail to either promptly notify or cooperate fully, developer/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. This approval shall be used within two (2) 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 (2) year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. The development of the premises shall conform substantially with Exhibit D and approved with Planning Application No. 94-0128, Amendment No. 1, or as amended by these conditions. A. A minimum of twelve (12) parking spaces shall be provided. A minimum of one (1) van accessible handicapped parldng space shall be provided. C. Two (2) Class II bicycle spaces shall be provided. Building elevations shall conform substantially with Exhibit E, or as amended by these conditions. Canopy elevations shall conform substantially with Exhibit F, or as amended by these conditions. Colors and materials used shall conform substantially with Exhibit G, or as amended by these conditions (color and material board). Material Clay Tile (roof tile) Stucco (building) Metal (doors & window frames, trim) Tile (building accents, base) Grout (between tiles) Color Terra Cotta Benjamin Moore #1156 Benjamin Moore #1205 Summitville Pueblo Stones (R-60) Brown/rust Landscape plans shall conform substantially with Exhibit H, or as amended by these conditions. Prior to the Issuance of Grading Permits 10. The applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation plan as implemented by County ordinance or resolution. Prior to the Issuance of Building Permits 11. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Planning Department to ensure the payment or exemption from School Mitigation Fees. R:\STAF'~RPT~128PA95.PC3 9/13/95 n~ ]0 12. Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to the Planning Department for approval and shall be accompanied by the appropriate filing fee. The location, number, genus, species, and container size of the plants shall be shown. These plans shall be consistent with the Water Efficient Ordinance. The cover page shall identify the total square footage of the landscaped area for the site, Prior to the Issuance of Occupancy Permits 13. An application for signage shall be submitted and approved by the Planning Director. 14. All roof-mounted equipment shall be inspected to ensure it is shielded from ground view. 15. All landscaped areas shall be planted in accordance with approved landscape, irrigation, and shading plans. 16. All required landscape planting and irrigation shall have been installed and be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 17. Each parking space reserved for the handicapped shall be identified by a permanently affixed refiectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered' at the interior end of the parking space at a minimum height if 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at owner's expense. Towed vehicles may be reclaimed at ~ or by telephone In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 square feet in size. 18. Performance securities, in amounts to be determined by the Director of Planning to guarantee the installation of plantings, walls, and fences in accordance with the approved plan, and adequate maintenance of the Planting for one year, shall be filed with the Department of Planning. 19. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. R:~STA~R~t~'F~128PA95,PC3 9/13/95 n~f BUILDING AND SAFETY DEPARTMENT 20. Comply with applicable provisions of the 1991 edition of the Uniform Building, Plumbing and Mechanical; 1990 National Electrical Code; California Administrative Code Title 24 Energy and Disabled access regulations and the Temecula Municipal Code. (1994 editions due for adoption by September, 1995). 21. Submit at time of plan review, a complete exterior site lighting plan in compliance with Ordinance No. 655 for the regulation of light pollution. 22. Obtain all building plan and permit approvals prior to the commencement of any construction work. 23. All buildings and facilities must comply with applicable disabled access regulations. (California Disabled Access Regulations effective April 1, 1994). 24. Provide house electrical meter provisions for power for the operation of exterior lighting and fire alarm systems. 25. Restroom fixtures, number and type, shall be in accordance with the provisions of the 1991 edition of the Uniform Plumbing Code, Appendix C. 26. Provide appropriate stamp of a registered professional with original signature on plans submitted for plan review. 27. Provide electrical plan including load calcs and panel schedule, plumbing schematic and mechanical plan for plan review. PUBLIC WORKS DEPARTMENT The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the appropriate staff person of the Department of Public Works. It is understood that the Developer correctly shows on the tentative site plan all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. General Requirements 28. A Grading Permit for either rough or precise (including all onsite flat work and improvements) grading shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City*maintained road right- of*way. 29. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 30. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. 31. All plans shall be submitted on standard 24" x 36" City of Temecula mytars. Prior to Issuance of Grading Permits 32. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. 33. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: State Water Resources Control Board San Diego Regional Water Quality Control Board Riverside County Flood Control and Water Conservation District Planning Department Department of Public Works Riverside County Health Department Community Services District General Telephone Southern California Edison Company Southern California Gas Company 34. A Grading Plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works. The plan shall comply with the Uniform Building Code, Chapter 70, City Standards, and as additionally required in these Conditions of Approval. 35. A Soils Report prepared by a registered Soils Engineer shall be submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 36. An Erosion Control Plan in accordance with City Standards shall be designed by a registered Civil Engineer and approved by the Department of Public Works. 37. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. 38. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review. 39. 40. 41. 42. 43. 44. 45. Graded but undeveloped land shall be maintained in a weedfree condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Department of Public Works. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to Riverside County Flood Control and Water Conservation District prior to issuance of any permit. If the full Area Drainage Plan fee or mitigation charge has been already credited to this property, no new charge needs to be paid. The Developer shall obtain any necessary letters of approval or slope easements for offsite work performed on adjacent properties as directed by the Department of Public Works. The site is in an area identified on the Flood Hazard Maps as Flood Zone AE and is subject to flooding of undetermined depths. Prior to the approval of any plans, this project shall comply with Ordinance 91-12 of the City of Temecula and with the rules and regulations of FEMA for development within a Flood Zone "AE" which may include obtaining a letter of map revision from FEMA. A Flood Plain Development Permit and drainage study shall be submitted to the Department of Public Works for review and approval. The drainage study shall include, but not be limited to, the following criteria; Drainage and flood protection facilities which will protect all structures by diverting site runoff to streets or approved storm drain facilities as directed by the Department of Public Works. Adequate provision shall be made for the acceptance and disposal of surface drainage entering the property from adjacent areas. The impact to the site from any flood zone as shown on the FEMA flood hazard map and any necessary mitigation to protect the site. d. Identify and mitigate impacts of grading to any adjacent floodway. The location of existing and post development 100-year floodplain and floodway shall be shown on the precise grading plan. Concentrated onsite runoff shall be conveyed in concrete ribbon gutters or underground storm drain facilities to an adequate outlet as determined by the Department of Public Works. Letter of approval or a drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the drainage easement shall be submitted to the Department of Public Works for review prior to recordation. The location of the recorded easement shall be delineated on the precise grading plan. R:\STAFFRItr'~I28PA95.PC3 9/13/95 ml' 46. 47. 48. 49. 50. 51. 52. The Developer shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the Department of Public Works permits the use of streets for drainage purposes, the provisions of Section XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the Developer shall provide adequate facilities as approved by the Department of Public Works. The Developer shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. The Developer shall comply with all constraints which maybe shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. Private drainage easements for cross-lot drainage shall be required and shall be recorded by separate instrument as directed by the Department of Public Works. The adequacy of the capacity of existing downstream drainage facilities shall be verified. Any upgrading or upsizing of those facilities, as required, shall be provided as part of development of this project. Street improvement plans including parkway trees and street lights prepared by a registered Civil Engineer and approved by the Department of Public Works shall be required for all public streets prior to issuance of an Encroachment Permit. Final plans and profiles shall show the location of exiting utility facilities within the right- of-way as directed by the Department of Public Works. The following criteria shall be observed in the design of the improvement plans and/or precise grading plans to be submitted to the Department of Public Works: Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. be Driveways shall conform to the applicable City of Temecula Standard Nos. 207A and 401 (curb and sidewalk). Street lights shall be installed along the public streets adjoining the site in accordance with Ordinance 461 and shall be shown on the improvement plans as directed by the Department of Public Works, Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City Standard Nos. 400 and 401, All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. R:\STAFFP, FI'/128PA95.PC3 9113/95 mf 15 g. All concentrated drainage directed towards the public street shall be conveyed through undersidewalk drains. 53. A Traffic Control Plan shall be prepared by a registered Civil Engineer, and approved by the Department of Public Works. Where construction on existing City streets is required, traffic shall remain open at all times and the traffic control plan shall provide for adequate detour during construction. 54. The Developer shall construct or post security and an agreement shall be executed guaranteeing the construction of the following public and private improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. a. Street improvements, which may include, but not limited to: pavement, curb and gutter, medians, sidewalks, drive approaches, street lights, and relocation of all public facilities and/or utilities as appropriate b. Storm drain facilities c. Landscaping (slopes and parkways) d. Sewer and domestic water systems e. Undergrounding of proposed utility distribution lines f. Erosion control and slope protection Prior to Issuance of Building Permit 55. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: Planning Department · Department of Public Works · Riverside County Fire Department · Riverside County Flood Control and Water Conservation District 56. All necessary grading permit, construction or encroachment permits requirements have been accomplished to the satisfaction of the Department of Public Works. 57. All drainage facilities shall be installed as required by the Department of Public Works. 58. All building pads shall be certified by a registered Civil Engineer for location and elevation, and the Soil Engineer shall issue a Final Soils Report addressing compaction and site conditions. 59. The Developer shall deposit with the Engineering Department a cash sum as established per acre/unit as mitigation for traffic signal impact. R:\STAFFRPTXI28PA~.PC3 9/13/95 mf 16 60, The Developer shall obtain an easement for ingress and egress over the adjacent property. 61. The Developer shall notify the City's cable TV Franchises of the intent to develop. Conduit shall be installed to cable TV Standards prior to issuance of Certificate of Occupancy. 62. The Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project. The fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which the Developer requests its building permit for the project or any phase thereof, the Developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to the Developer. Concurrently, with executing this Agreement, the Developer shall post a bond to secure payment of the Public Facility fee. The amount of the bond shall be 92.00 per square foot, not to exceed 910,000. The Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees). By execution of this Agreement, the Developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; orovided that the Developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. 63. The Developer shall record a written offer to participate in,'and wave all rights to object to the formation of an Assessment District, a Community Facilities District, or a Bridge and Major Thoroughfare Fee District for the construction of the proposed Western By Pass Corridor in accordance with the General Plan. The form of the offer shall be subject to the approval of the City Engineer and City Attorney. 64. The Developer shall vacate and dedicate the abutters rights of access along Rancho California Road pursuant to the new location of the driveway. Prior to Issuance of Certificate of Occupancy 65. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: Rancho California Water District Eastern Municipal Water District Planning Department Department of Public Works 66. All improvements shall be constructed and completed per the approved plans and City standards, including but not limited to curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees, street lights, and relocation of all public facilities and/or utilities as directed by the Department of Public Works. R:~TAFFRPT~128PAg.q.I~(~ 9/13/95 nt~ ]7 67. In the event road or off-site right-of-way are required to comply with these conditions, such easements shall be obtained by the Developer; or, in the event the City is required to condemn the easement or right-of-way, as provided in the Subdivision Map Act, the Developer shall enter into an agreement with the City for the acquisition of such easement at the Developer's cost pursuant to Government Code Section 66462.5, which shall be at no cost to the City. 68° Adjacent to the site, Rancho California Road is classified as a Urban Arterial Highway with an 134 foot full width right-of-way, per the Circulation Plan of the General Plan. There is an existing 55 foot of half width right-of-way and an additional 12 foot of dedication is required. Therefore, an additional 12 foot of right-of-way shall be offered for dedication to the City of Temecula on Rancho California Road along the project frontage. 69. An additional 4 feet of right-of-way shall be offered for dedication to the City of Temecula on Front Street along the project frontage to accommodate for a right turn lane. 70. Corner property line cut off shall be required per Riverside County Standard No. 805. 71. All drainage facilities shall be installed as required by the Department of Public Works. 72. The existing improvements shall be reviewed. Any appurtenance damaged or broken due to the construction operations of this project shall be repaired or removed and replaced to the satisfaction of the Department of Public Works. 73. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. OTHER AGENCIES 74. The applicant shall comply with the recommendations set forth in the Riverside County Fire Department's transmittal dated July 5, 1995, a copy of which is attached. 75. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated June 21, 1995, a copy of which is attached. 76. The applicant shall comply with the recommendations set forth in the City of Temecula Police Department's transmittal dated June 19, 1995, a copy of which is attached. 77. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated June 22, 1995, a copy of which is attached. R:~STAFFILI~12SPA95.PC3 9113/95 mf ]g 78. The applicant shall comply with the recommendations set forth in the Eastern Municipal Water District's transmittal dated December 6, 1994, a copy of which is attached, R:\gTAFFRPT~I21~PAgLPC~ 9/13/95 mf ~JMHA.R_RI$ ~CHi'EF RIVERSIDE COUNTY FIRE DEPARTMENT 210WliSTSANJACINTOAVENUE · PERRIS, CALIFORa'qlA92570 · (909) 657-3183 jULY 5, 1995 TO: ATrEN: PLANNING DEPARTM]~xlT MATTI-IKW FAGAN PA94-0128 Witit respect to the conditions of approval for the above referenced plot plan, the Fixe Department recommends the following fire protection meisures be provided in accordance with City of Temecula Ordinances and/or recognized fixe protection mndards: The fire Departlent is required to set a minimum tim flow for tile remodel or construction of all commercial building using the procedures established in Ordinance 546. A fire flow of 2500 GPM for a 2 hour duration ai 20 PSI residual operating pressure must be available before any combustible mate/al is placed on the job site. The requixed fire flow shall be available from a super (6"x4"x2-2 1/2") fire hydra.at, located not less than 25 feet or more than 165 feet fi~m any portion of the building as measured along. vehicular travelways. The applicant/developer shall be responsible to submit written certification from the water company noting location of the existing fire hydrant and the exBting water system is capable of delivering 2500 GPM fire flow for a 2 hour duration at 20 PSI residual operating pressure. If a water system currently does not exist, the applicant/developer shall be responsible to provide written certification that fmaneial axrangements have been made to provide them. Prior to the iss-ance of building permits, the applicant/developer shall be responsible to submit a plan check fee of $582.00 to the City of Temecula. TBiE FOLLOWING CONDr/'IONS MUST BE MET PRIOR TO OCCUPANCY. 5. All exit doors shall be openable without the use of key or special knowledge or effort. ~ RIVERSIDE OFFICE 3760 12th Street. Riverside. CA 92501 (9091 275-4777 · FAX ~909,269-7451 HRE PREVENTION DIVISION PLANN1NG SECTION 79-733 Country Club Dave. Suite F. lndio, CA 92201 Install portable fLre extinguishers with a minimum rating of 2A10BC. Contact a ceztified extin~tisher company for proper placement. Prior to find inspection of any buRcling, the applicant sh.n pmpaze and submit to the Fire Depa~t~aent for approval, a site plan designating x~zluimd fu~ lanes with appropriate lane psiruing and or signs. Street address sh~ll be posted, in a visible location, minlm~llll 12 inches in height, on the street side of the building with a contrasting background. Applicant/developer shall be xesponsible to provide Or show them exists conedtions set forth by the Fire Depaxtment. 10. Final conditioms will be addressed when building ph.~ axe submitted to building and All questions regarding the me-an~-g of these conditions shall be refened to the Fire IDepaxkaent Planning and enginecrag section.(909)694-6439. RAYMOND 1~. REGIS b~hi~.~D~,~a~ner hum Cabral Fire Safety Spea.li~: Water June 21, 1995 RECEIVE,3 Mr. Matthew Fagan City of Temecula Planning Department 43174 Business Park Drive Temecula, CA 92590-3606 SUBJECT: Water Ava~ability Conditional Use Permit PA94-0128 UNOCAL Service Station Dear Mr. Fagan: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD/District). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. Water availability would be contingent upon the property owner signing an Agency Agreement which assigns water managemen. t rights, if any, to RCWD. RCWD manages the underground water basins within the District boundaries and any accidental spills of hazardous material could poss~ly contaminate these basins. To protect these basins the District requests that the developer follow all Environmental Protection Agency guidelines. RCWD would appreciate the opportunity to review a detailed plan of the area of concern. ' If you have any questions, please contact Ms. Senga Doherty. Sincerely, RANCHO CALIFORNIA WATER DISTRICT .i~' St B eve rannon, P.E. Development Engineering Manager SB:SD:eb055/FlB6 cc: Senga Doherty, Engineering Technician City of Temecula Temecula Police Department June 19, 1995 Unocal Station Conditions of Approval The applicant must install security lighting on the exterior of the building, sufficient enough as to eliminate any dark alleyways and/or blind spots in between and around the building. The applicant must landscape the surrounding area with low shrubbery type plants, if any, and especially around the building's windows. The applicant must post "No Drinking in Parking Lot" signs in the stations parking area. Additionally, it is recommended that the applicant install a security alarm or closed circuit T.V. monitoring system of some type, that is constantly monitored. If there are any questions regarding these conditions, please feel free to contact me at the police station. Sincerely, Richard W. San~ez Police Officer Temecula Police Department (909) 696-3000 Eastern Municipal ater District · ~o~ December 6, 1994 Matthew Fagan, Case Planner City of Temecula Planning Department 43174 Business Park Drive Temecula, CA 92590 SUBJECT: PA 94-0128 (Minor Conditional Use Permit) Dear Mr. Fagan: RECEIVSD 0EC 0 7 ISS We have reviewed the materials transmitted by your office which describe the subject project. Our comments are outlined below: General It is our understanding the subject project is a proposed conversion of an existing service station (Unocal), located at the southeast corner of the intersection of Rancho California Road and Front Street, to a foodmart eliminating three existing service bays while retaining gasoline sales. The subject project is located within the District's sanitary sewer service area. However, it must be understood the available service capabilities of the District's systems are continually changing due to the occurrence of development within the District and programs of systems improvement. As such, the provision of service will be based on the detailed plan of sereice requirements, the timing of the subject project, .the status of the District's permit to operate, and the service agreement between the District and the developer of the subject project. SanitarV Sewer The subject project is considered tributary to the District's Temecula Valley Regional Water Reclamation Facility (TVRWRF). The nearest existing TVRWRF system sanitary sewer facilities to the subject project are as follows: 8-inch diameter gravity-flow sewer pipeline aligned along Moreno Road, fronting the subject project on the south. Mail To: Post Office Box 8500 · San Jacinto, California 92581-8300 · Telephone (909) 925-7676 · Fax (909) 929-0257 Main Office: 2045 S. San .iacinro Avenue, San Jadrno · Customer Servke/Engineering Annex:. 440 E. Oakland Avenue, Hernet, C.2t Matthew Fagan PA 94-0128 December 6, !994 Page 2 8-inch diameter sewage forcemain aligned along Front Street, fronting the subject project on the west. Other Issues The Representative for the subject project must contact the District's Customer Service Department to arrange for the following: determination and payment of appropriate fees plan check and field inspection of onsite plumbing Should you have anyquestions regardin9 these comments, please feel free to contact this office at (909) 925-7676, ext. 468. Very truly yours, EASTERN MUNICIPAL WATER DISTRICT David G. Senior Engineer Customer Service DGC/cz AB 94-0941 (',vp-nrwk-pAg~0128.ch) TO: FROM: County of Riverside DEPARTMENT OF ENVIRONMENTAL HEALTH DATE: CITY OF TEMECULA PLANNING DEPARTMENT ATTN: Matthew Fagan CONDITIONAL USE PERMIT NO, PA94-0128 The Depaxtment of Environmental Health has reviewed the Conditional Use Permit No. PA94-0128 and has no objections. Sanitary sewer and water services may be available in this area, PPdOR TO ANY PlAN CttECK SUBMITTAL, for health clearance, the following items are required: a) "Will-serve" letters from the appropriate water agency. b) Three complete sets of plans for each food establishment will be submitted, including a fixture schedule, a finish schedule, and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law. For specific reference, please contact Food Facility Plan examiners at (909) 694-5022. c) A clearance letter from the HaTerdons Services Materials Management Branch (909) 358-5055 will be required indicating that the project has been cleared for: i) Underground storage tanks, Ordinance # 617.4. ii) HaTardolls Waste Generator Services, Ordinance # 615.3. iii) Emergency Response Plans Disclosure (in accordance with Ordinance # ,_ 651.2.). iv) Waste reduction managemere. ML:dr (909) 275-8980 NOTE: Any currein additional requirements not covered, can be applicable at time of Building Plan review for final Department of Environmental Health clearance. ATTACHMENT NO. 2 EXHIBITS R:\STAFFRPT~128PA95.PC3 9/13/95 nff 20 CITY OF TEMECULA STA'nCN 65e CASE NO. 94-0128 CONDITIONAL USE PERMIT EXHIBIT - A LANNING COMMISSION DATE - SEPTEMBER 18, 1995 VICINITY MAP R:\STAF'FRJrP, 12~PA95.PC3 9/13195 mf CITY OF TEMECULA EXHIBIT B - ZONING MAP DESIGNATION - C-1 (GENERAL COMMERCIAL) BP EXHIBIT C - GENERAL PLAN DESIGNATION - HTC HIGHWAY TOURIST COMMERCIAL CASE NO. 94-0128 CONDITIONAL USE PERMIT PLANNING COMMISSION DATE - SEPTEMBER 18, 1995 ')it oMo' / LM ,~ L CITY OF TEMECULA CASE NO. 94-0128 CONDITIONAL USE PERMIT EXHIBIT- D 'LANNING COMMISSION DATE - SEPTEMBER 18, 1995 SITE PLAN R:\STAFF'RF~128PA95.FC3 9/13/95 mf CITY OF TEMECULA _,,, , rdlltlttlllllllltll!l!llllr CASE NO. 94-0128 CONDITIONAL USE PERMIT EXHIBIT - E BUILDING ELEVATIONS PLANNING COMMISSION DATE - SEPTEMBER 18, 1995 R:\STAFFRPT~128PA95.PC3 9/13/95 n~ CITY OF TEMECULA . I III1AIAIIIIIIIliI IIIIIIIAIAIAI CANOPY - ~ ELEVATf0N CASE NO. 94-0128 CONDITIONAL USE PERMIT E~XHIBIT - F CANOPY ELEVATIONS ,LANNING COMMISSION DATE - SEPTEMBER 18, 1995 R:~I'AFFRPT~128PA95.PC3 9/13/95 mf ITEM #11 TO: FROM: DATE: SUBJECT: MEMORANDUM Planning Commission Gary Thornhill, Community Development Director September 18, 1995 Draft Development Code Prepared by: John Meyer, Senior Planner RECOMMENDATION: Staff recommends the Planning Commission review the draft Development Code, take public testimony, and direct staff to make any modifications in order to make a recommendation of approval to the City Council. INTRODUCTION On March 20, 1995, the Planning Commission began the Public Hearing Process for the Temecula Development Code. The Development Code is the primary instrument for implementing the General Plan. Temecula's General Plan is a 20-year plan, while the Development Code and the Zoning Map respond to shorter-term needs and conditions. Each of the residential, commercial, business park, and other land use designations are detailed by land use zones which specify permitted uses, conditional uses, and development standards for each zone. BACKGROUND At the July 17, 1995 Planning Commission meeting, the Commission reviewed and commented on the Consistency Zoning and City sponsored General Plan Amendment which were then continued to the August 21,1995 meeting. At the August 21,1995 meeting, the Combustion provided direction on 15 general plan amendments, and three modifications to the Zoning Map. The Commission then directed staff to notice two additional properties to be considered as General Plan amendments. Upon finishing the review of the map and amendments, the Commission will review the Revisions Addendum. GENERAL PLAN LAND USE AMENDMENT AND THE OFFICIAL ZONING MAP The Old Vail Partners have requested to have the land use designation on their property amended from Professional Office to Highway Tourist Commercial. The subject property is located along the south side of HWY 79 S. generally between Pala and Margarita Roads. The 39.8 acre site contains the Rancho Produce Stand. This property received alot of attention during the General Plan meetings and staff believes the Office Professional with the Specific Plan Overlay remains the best designation for the property. The Overlay allows for mixed use including commercial but requires the site to be master planned, This will ensure the site's development is consistent with the General Plan and compatible with the adjacent single family development. The Steven A. Bieri Company has requested to have the land use designation on its property amended from Business Park to Service Commercial. The subject property is located along the east side of FWY 15, north of Ynez Road. The 120 acre site is located within the area commonly known as the Winchester Hills Specific Plan. The applicant is also requesting to be removed from the Specific Plan Overlay exhibit within the General Plan. The amount of Business Park designated property within the City, along with the site's freeway exposure make the Service Commercial designation reasonable. The removal of the property from the specific plan will allow the developer to proceed with plans to develop a major retail user. However, the proposed Service Commercial designation would also allow for a multi-tenant strip commercial center. To discourage the development of a strip center, staff is proposing the creation of a new overlay designation. The overlay will require the developer to receive City Council approval for the development of a major retail center. However, if the developer chooses to develop a multi-tenant strip commercial center, the applicant will be required to process a specific plan to ensure that the property is developed in a comprehensive integrated fashion. The specific plan will also ensure that the development is consistent with the Winchester Hills Specific Plan. REVISIONS ADDENDUM Because of budgetary considerations, staff will not be able to provide the Commission a complete updated draft of the Code. The attached Revisions Addendum consists of changes requested by the Commission during its review of the Draft Development Code dated March 9, 1995. The additions/revisions to the section are shown in R~!~ and the deletions are shown with a str5kc c'--'t. Page numbers reference where the modified text is located in each section. Staff has not been able to address all the issues previously identified. Those issues staff is still researching include: Vehicle related issues as they relate to Home Occupations, Residential and Parking Standards Consistency of CUP findings Acacia Properties Definition of Terms These items will be brought back at Commission's next Development Code hearing. CITY ATFORNEY COMMENTS In addition to the Revisions Addendure, staff has attached the City Attorney Comment Letter, which also responds to questions previously raised by the Planning Commission. Attachments: 1. GPA Parcel Specific Land Use Request Matrix - Blue Page 3 2. Revisions Addendum - Blue Page 4 3. City Attorney Comment Letter - Blue Page 5 R:'tDEVCODE~DRAFTDC.I~"g 9114195 v~w 2 ATTACHMENT NO. 1 GPA PARCEL SPECIFIC LAND USE REQUEST MATRIX (J / II II !1 // II ATTACHMENT NO. 2 REVISIONS ADDENDUM R:~DEVCODE\DRAFTDC.PC8 9114195 vF 4 REVISIONS ADDENDUM August 21, 1995 The following Revisions Addendure consists of changes requested by the Commission during its review of the Draft Development Code dated March 9, 1995. The additions/revisions to the section are shown in ~ and the deletions are shown with a R:~DEVCODE'~,EVADD18/17/95 Chapter 9.03 Administration of Zoning 9.03.040 (c) Public Hearing and Noa~cation (see page Posting of Property See graphic at end of addendure Chapter 9.04 Permits 9.04.030 Home Occupation Permits (starts on page 9) (d) (1) Requirements for Approval, Conditional Approval, or Denial of a Home Occupation Permit The home occupation shall be conducted entirely within in a dwelling or attached enclosed building and must be clearly subordinate to the use of the dwelling for residential purposes. Further, not more than twenty (20) percent of the gross floor area not to exceed 300 square feet, shall be used exclusively for a home ~:cul,,on. includir. g art~ used for stornge. Horticultural activities only may be cor-ducted oui&~rs, hill shall lie w ,hin the rear one-half of the parcel. (3) There shall be no ~ sales of goods or displays of goods on the prcmiscs. If the Home Occupation is to be conducted on rental property, the prolaeny owner's written authorization for ~ proposed use shall be obtained prior the submittal for a Home Occupation Permit. Chapter 9.05 Development Plans 9.50.010 Development Plans (2) ~; '2, .m. crc Required (see page 1) Development of an 'individual residential project (i~t custom home or speculative house) is exempt from the Development Plan Process. Residential Development projecti (merchant built subdivisions}' on'preViously for which a tentative tract or parcel map is or was requimt. are not exemp~ from submitting a Development Plan. R:~DEVCODBRBVADDI 8117/95 Ires 2 An individual Single family home on u previously subdivided lot is exempt from the Development Plan roquirem~nts. Residenl~tl Dcvalopment projects, for which a tentative or parcel map is or was required are not exempt from submitting a Development Plan. (d) (1) · Hearing Procedures for Approval of a Development Plan (see page 2) Approval by Director of Planning: When a proposed project is less than 10,000 square feet of new building area ~, and requires a negative declaration, EAR, or other action under CEQA, the Dh'e~tor of Planning shall have the authority to approve, approve conditionally, or deny the project. The Director of Planning will '~c~^,~',:lc a noticed public hearing prior to making a determination. 9.05.020 Administrative Approval of Development Plan When Required (see page 3) Administrative review is permitted for applications for minor exceptions, temporaxy uses, and substantial oonforman~c to upproved plans, and for development proj~ts pl;:,7: less than 10,000 sq. ft. that are exempt from the CEQA process, and for modifications to previously approved plans r~x~ewed by the approval body. Chapter 9.06 Residential Districts 9.060.020 Description of Residential Districts (d) Low Medium Density Residential (LM) (see page 2) The Low Medium Residential zoning district is intended to provide for the development of single family homes on lots of ~ 7,2L~ to 10,000 sq. ft. of net lot ~ea. Typical density for the Low medium Density Residential Development is from 3 to 6 dwelling units per acre, Table 9.06(a) Schedule of Permitted Uses (starts on page 3) Permit Congregate Care Residential Facilities for the Elderly in the L-2 Zone R:~DEVCODE~,~VADDI 8/17/95 Im~ 3 9.06.050 (a) Condltionally Permit Bed and Br~kfast F..stabli.~.ts~in. ~he. all the Residential Districts (subject to special use standards and regulations as discussed below).' Add footnote to Family Day Care Homes - Large (7-12 children) as follows: A CUP processed for Large Family Day Care Homes i.~ subject to lieal'.h and Saf,'ty Code Section 1597.46 (a)(3). In aecordanee therewith, notit'- of the application being filed shall be nailed to surrounding property owners within 100 feet only and the notice s'hall indicate .that unless a P='quest for a hearing is made by such surrounding property owner or other 'affected person' the CUP will issue within twenty' (20) days of the notiz. if a h~ring is rcque.~t~d, ate Planning D~par~ment shall schedule such hearing w~thin thirty {30) days of tt'quest and the hearing shall be held within thirty {30) days of being sch~*.uled. Special Use Standards and Regulations Residential Density Incentives (see page 6} Inc.reaag in the ~tl, m~ Ressdentqll Density. This section is exclusive of density bonu.,,cs as established under the Sta,- Government Code Sec*.icm ~i~:~.~:.~.:~. A', a parl of the process... (2/ Privacy Standards (see page 8) Visual Screening. All windows of adjacent residential units shall be offset ~,~ ~..i~i~.$S::.~~.~ from windows of the adjacent units, Screening is to be achieved by appropriate placement of windows in adjaoent units and through discretionary placement of landscaping, Windows shall be offset at least three feet or angled to prevent dire~t view into an adjacent residential unit. (e) Swimming Pools (see page 11) Swimming Pools and g~ which are capable of holding water to a depth of 18 inches or deeper shall be located only in the side or rear yards or allowable buildable area, with a setback of five feet from any property line. ----':~ ~ shall be enclosed by walls or fences no less than [ 6 feet in height on exterior property lines. Pool ~{~ equipment ~';d :F~ may be located in side and rear yards with a sethack of at least three feet from any property line ~; R:~,DEVCODE',REVADDI 8117/95 hats 4 Senior Citizen/Congregate Care Facilities/Affordable Housing (see page 12) Senior citizen/congregate care facilities/affordable housing developments are permitted in the (L2, LM, M, and H) zoning districts subject to the approval of a Development Plan by thc Director of Planning Manufactured Housing (see page The exterior siding shall ~ conaiat of either wood or stucco as dc, terminod by the Director of Planning. In determining the material to be used, the Director shall consider the types of construction materials used on existing houses in the immediate neighborhood. (j) Family Day Care Home Design Standards (see page 14½ (2) ~ Large day care facilities (~even (7) or More children) shall not be located within 300 feet of another large ~ facility. (o) Property Maintenance (see page 2D (2)(g) "Vehicles as used in this section shall include but not limited to, commercial vehicles, automobiles, trucks, ~~ trailers, motor trucks, semi-trailers motorcycles, toopeals, campers camper shells boats or other large portable recreational and commercial equipment; and, (3) Reereaaonal Vehicle SWrage Yard' Religious insfitl~tions are conditionally permitted in all residential zoning districts. Religious institutions shall be developed in the following manner: (1) The facility shall comply with all land use regulations and site development standards of the zoning district in which it is located. (3) All buildings r, hall hav~ a minimum 10 ft. setback from property lines adjoining residential uses. (4) Recreational facilities other than open fields shall have a minimum 25 ft. setback from property lines adjoining residential uses. R:x, DEVCODEXREVADD18/17/95 Ires 5 The buildings and .parking shaft .be locat~ to minimize impact on adjacent reaidcntia] uses. Be4i a~td Breakfast -E~ab]ishmc~Ls 01&.B's)' &r~ conditi0nally permitted in all ~sidcnt"ud zoning dislric~. B&a's ~ha]l I~ dcv~ol~d in th,' fol]owi.g manner: (l) The facility shall comply with all land use r~ulations and sit~ devclopm~t standards of the zoning district ia which il i.~, located. ensure compatibility ;wih~ '~sdj~nt 'residenfhl ~L (4) The e~ct~rior appearance of the structure shsJ! hav.e.~.~sid.~nt~/.single.-.f.a~n!!y character. ........... ....... (9) In addition to the residential parking requirements, 1 off;~tre~'ps~l~ing'~ shall be prov~dcd for P. ach ~ucst room. T-,mdcm ps~king sh~ bc pcnnitt~}~. ( 11 ) B&Bs shall meet all of the roqulrements of thb City Fire Dbpartment and County Health ~me. nt. (13) No Receptions, pri%~a~ panics or simihr st..tivilics,' f6r whic~ a tTee is pa~d shah be permitted R:~DEVCODE'~REVADDI 8117/95 hns 6 9.06.060 Landscape Standards (b) (3) .Plant Material (see page 23,) Street trees shall be planted at a minimum of one tree per 45 linear feet of su~et frontage. Interior ttecs shall bc a minimum 14 gallon sizc at time of (d) Landscape Design Standards (see page 24) ~'~r~ *''~~~;~ ~~ '~~ au setback axeas :shun be landscaped, ... Chapter 9.08 Commercial/Office/Industrial Districts 9.08.030 Use regulations Table 9.08(a) (starts on page 4) Alcohol and Drug Treatment (outpatient) - prohibit in NC Alcohol Beverage Sales and Ser~dce - no change Adult businesses - Subject to Chapter 5.08 of the Temeegla Municipal Code Cutlery - Permitted in CC, HTC and SC Delicatessen - Conditionally Permit in NC General Merchandise/Retail Store < 10k sq. ~. - Conditionally Permit in NC Guns and Firearm Sales - Permitted in CC and SC Mas~ge Restaurants and Other Eating Establishments - conditionally permit in NC Chapter 9.16 Specific Plan Overlay District 9. 16. 020 Procedures (e) Findings (see page 2) (1) The proposed Specific Plan is consistent with the General Plan R:~DEVCODEXREVADDI 8117195 k~a 7 9.16.060 Amendments to Approved Plans (seepage 4) Amendments to approved Specific Plans shall be made ~ the same procedure as ~ followed when the plan was adopted. Any adopted Specific Plan may also be repealed by the same procedure as ~~ the plan was originally adopted. Prior to the adoption of an ordinance to repeal and discontinue a Specific Plan, the City Council, with a recommendation from the Planning Commission, shall find that the plan is no longer necessary for the orderly and systematic implementation of the General Plan. The repealing ordinance Shall include provisions for the immediate application of appropriate zoning to the area covered by the repealed plan. Chapter 9.18 Village Center Overlay District 9.18.020 Procedures rsee page (a) Pre-submittal and Preparation of Village Center Plans A preliminary application and fee are required prior to filing a formal Village Center Plan application. A pre-application conference with the Planning Department representatives is required prior to filing of the formal specific plan application. This is intended to provide direction to the applicant and to provide information prior to preparation of detailed plans. (2) Prior to the preparation of a Specific Plan th~ applicant shall hold a public scoping meeting to identify potential community com:erna about the projoeL Public notice of the ~oping meeting is required. Noticing procedures shall be defined by the Planning Department at the pre-application conference. (e) (1) Findings (see page 2) The proposed Village Center Plan is consistent with the General Plan 9.18. 060 Amendments to Approved Plan (see page 4) Amendments to approved Village Center Plans shall be made ~ the same procedure as ~S followed when the plan was adopted. Any adopted Village Center Plan may also be repealed by the same procedure as ~~ the plan was originally adopted. Prior to the adoption of an ordinance to repeal and discontinue a Village Center Plan, the City Council, with a recommendation from the Planning Commission, shall find that the plan is R:~DEVCODL~xEVADDI 8/17/95 hns 8 no longer necessary for the orderly and systematic implementation of the General Plan. The repealing ordinance shall include provisions for the immediate application of appropriate zoning to the area covered by the repealed plan. Chapter 9.24 Off-street Parking and Loading 9.24,020 General Provisions (d) (3) Location of Parking and Loading Facilities '(see page 4) Vehicles and Equipment Repair Storage The following provisions shall apply to any vehicle, motor vehicles, motorhome, camper, camper trailer, trailers, unmounted camper, trailer coach, motorcycle, boat or similar conveyance in all residential district, and to all sites in any other district used for residential occupancy: Table 9.24 (a) Parking Spaces Required (see page 8) Furniture Stores, Bulk Goods R:XDEVCODI~!I~VADD1 8117195 , NOTICE OF PUBLIC HEARING Planning Application No. PA95-0123 PROPOSED DEVELOPMENT OF 123 SINGLE FAlvlILY HOlvLES APPLICANT: Acme Inc. PUBLIC FrF~ARING: June 1, 1995 For Information Contact: City of Temscula PLANNING DEPARTMENT 43174 Business Park Drive (909) 694-6400 ATTACHMENT NO. 3 CITY ATTORNEY COMMENT L~- I I ER B~ COSTh RES~ FAX NO. 7147555648 Law' OffiCes BU~.KE~, sa.x~LiEAMB & BOR.~NBEN 3200 PAR~ C,P_.NTE~ DP/"V*E SUITE 750 COSTA MESA~ CALIFOENIA 92626 (714) 545-5559 P. OI 7108 North Fresno Street Suite 401 Fresno, California 93720-2938 2310 Ponderosa Drive Suite 1 Camarlllo, California 93010 611 West Sixth Street Suite 2500 Los Angeles, Callfornla 90017 Lighton Plaza 7300 College Boulevard Sulte 220 Overland Park, Kansas 66210 TEL=COPY TO: John Meyer cc= Gary Thornhill DATE: 08/14/95 FROM: Greg Dia~ ACCOUNT #: 02351-006 SUBJECT: Development Code "AX #: (909) 694-6477 _OTAL NUMBER OF PAGES (INCLUDING THIS PAGE): E0R ASSISTANCE PLEASE C~T;.: (714) 545--5559 OUR T~T~COpIER NUMBER IS: (714) 755-5648 The information contained in this facstantle message is intended only for the CONFIDENTIAL use of the designated addresses named above. The information ~ransmitted is subject to ~he attorney-client privilege and/or represents conftdentlal attorney work product. If YOU are not the designated addresses named above or the authorized agent responsible for delivering it to the designated addresses you received this document through inadvertent error and any further review, dissemination, distribution or copying of this communica- tion by you Or anyone else is strictly prohibited. IF YOU RECEIVED THIS COMMUNICATION IN El%ROR~ PLEASE NOTIFY US TMMRq'~T__ATELY BY TELEPHONZNG THE SENDER US BY H~IL aT TFa ~OVE-aDDUSS. Thank you. MESSAGE: Enclosed is my letter dated August 14, 1995 regarding the remaining Development Code issues. " .....~'dG"'i4'S95 ~ON'~'2! B~ls OOSTA ltF_.SA F~ NO. 7147555648 P. 02 LAW OFFICES W~,L~ &SOP, E~j~ August 14, 1995 John Meyer ,~eniOr plnnne. r City of Tcmecula 43174 Business Park Dfiv~ Tomecola, California 92590 R~: Realninlng Development Code lssucs Dear John: As requested, the following rcfiects my research into the outstanding Development Code issues. The information you or the Planning Commission mque~__~_ will be provided in a question and answer format to assist you in working through each of them. Q.1. Is the CRy preempted by Federal or State law from regulating in which zones firearms dealers and gun sales may occur? Pursuant to thc F~eral Gun ConWol Act, 18 U.S.C. 927, them is no expressed Congressional intent m occupy the field of firearms licensing. Any state or local regulation would be perreliable unless it conflicted with Federal hw. Further evidence d this t,,¢k of Federal preemption can be found h the requirements of the 1994 Federal Violent Crime Bill which contains a prove'on that requires to be eligible for a Federal F'u-earms License, the applicant must fust certify that Ms or her business complies with local and state licensing regulations, (18 U.S.C. 923(d)(1)(F)). Consequently, if the local zoning prohibited tl~ of firearms in cer~in zones, such as a ~?.sklential zone or a neighborhood-com~nerelal zone, th~n the Federal Bureau of Alcohol, Tobacco, And FLnmrms wouM deny the license if the applicant indicated the same on the license certilication. A aimil~r a~lalysis of State law indicates that them is no express preemption d local regulations providing where firearms could be ~old and where they are p~oh'bited ID be sold so long as the regulations pertain to ~e location of sales and not who is liceased. ..... ~,~-'i4-'~5 MON"~22 B~ OOST~ I'IF_.S~ F~ NO. 7i47555648 F. 03 John ldeycr Se~or Planner City of Temecula August 14, 1995 Page 2 Govenuncnt C. txte Section 53071 provides that: 'Iris the intent d the Legishtnre to ocoupythewhole~eld d v~ula~on of the rcgisWafion or licen.~ng of commercially manufzctured firearms as encompassed by the provisions of the Penal Code, and such provisions shall be aclusive Of all local regulations, r~-ln!ing to X~gis~rafion or ficensing of comm~--hlly manufactured firearms by any pollticzl subdivision as defined in Section 1721 d the t ~hor Code.' Zoning regnd~fions are neither a 'registration" or "ficpn~Ing" mechanism for flinttins or any other sales or m-vices. Zoning reg-l~fions are regulations of the uses to which land can be put. AS such, if a zoning o~inanco ~oes aot allow far the sales of fire, arms in cemin zones, such as a residential zone or a neighborhood-commercial zone, it will be pcrmis~'ble under Star~ law even in light of Government Code Section 53071. Can the City require a noticed public he~ring pridr to the consideration by the City Council d Memorand~ of Understanding which start the process of development n2reements between the CRy and !and developas? The Memorandum of Underrending proems ud_i~4 by the Qty d Temecuh in which certain understartdings are rc~ched between the City and land developers prior to engaging in the formal development agrcement process unde. r Cvovernment Code Section 65864 et s~l. is a local creation. It is not provided for under the Government COd~ Therefore, the City has the option to utility. wh~tz-.;6 process ir chooses which comports with due process. As a result, there is no legzl zu.?,on why a noticed public hearing could not be held pdor to cons~daztion of a Memorandum of Understanding at the City Council level. As noted at the Planning Commission session where this issue vras raised, holding a noticed public hearing at the Memamndum d Understanding stage may, in many circumstances, be px'~x~rc, With the MOU, developen are merdy asking the City Coancil for an early 'r~____d" if the City Council would entertain a projea of a specific xlze and scope. Many of the details which are most likely to be of interest to the public have not been defined. When the particular project's enti~ement or the actual development agrecments arc subS, the public will be provided notice of thc public hearings on thcse items at both the Planning Commhsion and City Council levels, At that point, much more information will be .... ~,~d2i45~lS'rlON '1~23 "B~ ObSTfi HESR FaX NO. 7147555648 F. 04 lohn Meyer Senior Planner Ci~ of Temecula August 14, 1995 Pa~c 3 available for public consldcration. Section 9.03.030(c), on the nedi,-,- to property owners, what options does the City Council have to be able to oblain an updated surrounding propmy owners list when a project hne been in the phxmlug process for a considerable length of tlme and a substa~l ¢h_nqge in surrounding propmy owners may have ~n,,~cl? The City of Temecula cun~fiy vxvvides double the mount of public notice requited for land use public hearings than is zequired by S~h- law. Slate hw only requites notice to a 300 foot radius, while the City has opted for a 600 foot radius and a minimmn number of pmpe~ies to be noticed. In addition, the C,~ Council has expanded thc "posting" of public hearing notices t~quired under State hw for "big' or 'significant' projects by requL~g a large sign to indicate that a project is propo__~d for a specific property. State hw compliance would be achieved by merely posting on the subject properties the same letter-size public hearing notice generally mailed to prvpeny owners. With the above a~ a background, pwviding updated property owner lists at some subsequent dat~ raises some legal and practical di~icultiea. The legal diffwulties am that on a certain dat~, generally thirty days from application submittal, th~ City is requited to determine if the filing is complete. The "complete' ~ ,anation is based on having the surrounding pwperty owner list included. Furthermore, vAth cet~in limited exceptions, once the "complete' determination is made, the City is piohmiled from requiring additional information, submitta/s, or processing fees to be paid. As a practical matter, the City would have to determine at the outset what the threshoM far requLring a new sarroundlng property owner Hst submittal would be. Are the threshold projects that have been in processing for one year, two years, or those that have had significant development ocaff on ptzvlously uudevelolx:d surrounding property7 Perhaps the easiest way to both legally and practically implement such an additional notice requirement would be to inczcasc the deposit required when applicants file to cover the preparation of the surtoundlng property owners after that of initial subrn~t~l A xgfund of th~s additional deposit could then be made if the supplemental smxounding property owner list was not rgquired. aUG-14-95 ~ON ~5:24 B A rEsa FaX NO. 7147555648 ~, 06 John Meyer Senior Planner City of Temecuta August 14, 1995 Page 5 Very S~rnilnr requirements to those n~ ~ ~ jm~ on ~e ~ ~ mobile homs nd mobH~ome ~. ~e ~ my n~ ~b~ mob~ hom~ ~ido~ ~y ~d~ ~. ~e C~ d~ ~ ~e op~ ~ d~e ~ ~ mobile home h mm~ble for mobile home u~ ~mc s~s ~ ~e ~on ~ ~e m~ home on ~ ~i~ ~e-~mHy ~d~ loU ~at it would ~ly m su~ ~ ~ity s~mre. ~e ~ty Hmi~on h~ ~uld ~ ~ ~ ~ ~1 ~ ~ ~m~t ~e S~on ~5~2.3. Fu~o~, ~ ~HIhm~t Of a m~e ho~ ~k ~ d~m~ a ~i~ ~d ~ ~ong ~ ~ds ~ ~ p~ f~ ~ ~ Gen~ P~. ~ ~ may ~u~ a Condi~ U~ ~ ~ ~t su~ a u~ und~ G~m~t C~ S~on ~2.7. ~ty ma ~t ~e ~la~ of a mobile ho~ on a lot. Q.5. Section 9,06.030, May the City l, equL,-e a Conditional Use Permit for !ar2e family day care homes and under what Fatalrations/circumstances? The City may require Conditional Use Permits for larg~ fmnily day care homes in accordance with the C~llfornia Child Day Care Facilifie~ Act, Health and Safety Code Section 1596.70 et se~. The City may also eg~li_~h them a~ a l~,,atted use or may establish certain performance standards as authorized by statu|z such as waffle, parking. ~pacing and concentration, and noise and allow all those who meet those standards to operate. State law allows family day care homes of six or less to operate in a rcsidea~al zone as a ma~mr of fight. Only when a home would have between sevea and twelve children would it be classified as "large' and allow the City to reg,_d~t~- the use as a non-residential u~c. If the City selects the Conditional Use Permit option, please be advised that HP21th and Safety Code Section/597.46(a)(3) moditi~s the CUP process as we have become accustomed to it, To begin wiih, public notice is only provided 'to property owners withir~ ~ of the proposed use and a public heating is held only if a surrounding propcn'y "~1i4f8~ MON'i~:25 B~FOOSTAIiESa Fb, X NU. 714ib~64~ r. u, John l~ycr City of Tcmecala Augus~ 14, 1995 hgc 6 owner or ottu:r "affect! l~erson" speci~ca/ly requests one. If no hearing is requested, the Conditional Use Permit automatically issues. Because d the fight language d thh statute, it does not seem to me that th~ City ~ the option to modify the standards such as increasing the notic~ x~luisuiient as the City has done in other areas. In IP. nns d implementing the Conditional Use Permit requixement, I suggest that the draft D~velopment Code be modified to ~lect a footnote for Table 9,06(a)'s reference for 'Family Day Care - Large" to indicate the special pxp~___m'al tequixt~eats of Health and Safety Code Section 1597.46(a)C3), This footnote could read as follows: "A CUP proceased for Large Family Day Care Homes is subject to ~t~_hh and Safety Code Section 1~97.46(a)(3). h a~ordanc~ therewith, notice d the applicalion being filed shall be mailed to suHounding propea-ty ownas within 100 feet oaly and ~ notice shall indicate that unh"'~ it request for a hearing is made by such surrounding property owner or other 'affected penon' the CUP will issue within twenty (20) days of the notice. If a headng is n:quested, tlz Planning Department sha]l schedule such hearing within thirty (30) days of the request and the headng shall be held within thirty (30) days of being scheduled.' I b. ave attached a more cOmprehensiv~ ordinance addressing l~rge Family Day Can: Homes adopted by the City of Los Alamitos for your referenc~ in the event the City decides a more comprehensive approach is desired. Q.6. Section 9.06,050(n0, Second Units, Can the City mandate a minimum size /or the second units? Yes, the City is specifically authorized by Government Code S~tion 65852.2(d) to: "... establish minimum and maximum unit size ~ents for both attached and detached __~c_ond units, No minimum size for a second unit, or size based upon a percentage of the existing dwefilng, shall be established by ordinanc~ for either atlached or detached dwellings which does not pennit at-least an efficiency unit to be constructed in compliance with local development slandards ...' As a result of lhe above., the City may establish minimum and maximum unit size for second units, but must permit them to be at least as large as an 6 BUS COSlA HESA FAX NO. 7147555648 P. 09 John Meyer Senior Plnnner City of Temecuh Aught 14, 1995 Pnge ~ The d~-'i~ion be based on wrimm findings. A denial of an application for a CUP be raxbject to aptx:al to thc City Council in sccordan~ with Section 9.03.100 of this Code. The same lnuxw:zdur~ for norlcing, and conductin~ the CUP hearing that is umi-~d by the City for all other CUP's be used and ixovidc for all partin to bc present and to present evidence. The derision and findings bc based on subslantiat evidence in view of th~ whole record to justify the ultimate decision, Th~ above businegse~ ,~hnli not bc located within five hundred feet (500') of any reliffious institution, school, or public park, The License application shall be x~iew~ by the City's Police Services prior to City's Section 9.06.050(D, Does the State regulate outdoor play areas for faroIll day care centers or does the City have the option of imposing a spw, i~c standard? In accordance with the California Child Day Care Facilities Act, Health and Safety Code Section 1596.70 et ~., the City may establish certain performance smmtards such as traffic, parking, spacing and ooncentnfion, and noise. As outdoor phy areas do not appear an this lift, the Ci~y's authority in l~is regard is limited. Some jurisdictions have required that the outdoor play annis be securely located and app'opx:m~y landscaped. This appears to 7 B~S OOST~ MHS~ F~X NO. 7147555848 P. lO Senior Planner City of Tcmecula August 14, 1995 be the txteat to which lhe City can regulato the outdoor play areas. Q.9. section 9.06.050(o)(2)(d), Does the U~fnrm Fire Code regulate 0arklug in sideyard mbacks, Le., 3' from, structure? The Unifor~ F'tre Code adotga the Uniform Building Code's, ("UBC'), rcxlulremcnta for separa~oa or clear areas arouad "escape or rescu~ windows." UBC Section 1204 provides in relev-aat pan that: "...[~]AII cacape or rescue windows shall have a minimum net clear openable area of 5.7 square feet. The minimum net dear openable height dimem.~on .shall be 24 inches. The minimum net clear openable width dimension shall be 20 inches ...' As a result of the above, parldag ira the sideyard setback is permissible ff the clear opaabl~ area is maint~ned. Cr.r~iu additional requiremeats may also apply such as fire wails, building separation, or emergency access. Q.IO. Table 9.08(a), On what bn~s can the City dk~fln_~uiSh between outdoor swap meets and outdoor farmers ramfRets? There is no legal ratuirement for the City to allow or prohibit either outdoor swap meels or cuRioor Panner's marPets. Consequently, a cotui reviewing the distinctions or classiticallons prepared by the City would look to the reaso-_~.bleness of the and the different treatmeat resultlag therefrom. One basis for such a distinction could be Geaeral Plan policies which seek to promote the ntral lifestyle of which a farmer's market could be an integral part On the other hand, an outtlonr ~ngap meet would not fit those same policies. Consequenfiy, a reasonable and rational basis can be found for distinguishing between the two uses. Q.11. Section 9.08.0~0(g), ls the requirement in ,hk S_~__!on for a 500' separation from churches and schools and alcohol uses valid.'/ Business and Professions Code Section 23789 geaeraIly regulates the localion of ban and liquor stores in P!n6on to churches and ~hool~. As to churches, Business and AUG-14-95 lION 15:27 B~S GOSTA liF_.SA F~ NO. 7147555648 P. 11 John M~yer -~eniar Planner City of Temecuh August 14, 1~c)5 hge lo Professions Code Section 23789 permits the Depawn~t of Alcoholic Beverage Control, ('ABC'), to x~fuse to issue a license "within the immediate vicinity d church= and hospit~h · As to schools, the ABC is autb~'~ to l~fur~ to issue a licens~ within 600' of a school. The City's zoning anthority does allow the Ci~ some tiexibillty to set up additional eriltn~a which do not conflict with Stn~ law. As the City's s~andard is mor~ restrictive, it would likdy be valid. Q.12. Section 9.2A.O20(h), Is the reference to =spechlhed work-related vehicles specific enough to allow the City to differ~tbte between vehicle types for on-street parking purposes and for purposes of prohibiting parking in the driveway or fron~ yards in redde~tl~! zones? As to parking on publio streets, it is Illrely that the City would only be able to differentiate between vehicle ~ which are ddined in the California Vehicb Cede which does not contain a listing for "specialized work-x~-3nted vehicle.* Even if the City can find a classification which is defined in the Vehicle Code for on-sheet parking, the CiV/will need to provide adequate no(ice of the local provision to avoid due process violations. In 75 Ops. Cs.!.Atty. Gen. 239, the California Attorney General issued an opinion which addr~-x~.~-t the issue of whether a City could prohibit the l~king of particular categories of vehlcl~ on private pwl~,,rty, such as driveways and private commercial pa,rking lots. TI~ Attorney GeneraL concluded that because the r'~lifomia Vehicle Code does not mgul:u~ such par. king the authority to xegulate such parking would stein from the dty's Constitulional polic~ power, 'rnus a city can ~gn,lnta parking on pdvat,, property to the extent that it can xegula~ any other land use. The major issue therefore is whether or not the ordinance provides sufficient notice d what types of vehicles are prohibited and how thi= information is Wansmit~l to the public. As drafted, Development Cede Section 9.24,020(h) does not se~m m provide enough notice of exactly which vehicles are encompassed within the ~'m 'specisllzed work-related vehicle," Thus, enforcement of this Section would pwlnbty vinhte due process because people are not fflven enough notice of exacfiy which vehicles will violate the ordinance, ff the City wishes to prohibit the pa~king of lhese types of ~ehicles on private property, the City should either clarify the definition or list exacfiy which v~ic1¢s will viohle the ordinance. Simply offering one or two examples in lieu of a definition wil! likely not satisfy '~°~"~' ~' 8 B~]S COSTA ltESA FAX HO. 7147555848 P. 12 lohn Mcycr Senior Planner City of Tunecula August 14, 1995 Page 11 due Ixoc¢~, thus tradering the ordinance unconstitotional. Q.13. s,.efi_on 9.TA.040(d), Does the City have the authority to impose higher or more strict requirements for the provision of hnndlcapped parking -- esp~a-ny wlth certain types of uses such as doctors offices, medical buDdln~s,'physlc_a! therapy centers, etc.: Am a matter of development staudard~, lit City ¢xmld impos~ nddifional or higher standaxds in tea"s,~a of the number of handicappcd parking stalls xequired as a condition of devulopmeut approval Such standards, if ~_,__t. xl_, should b~ established as a part of the pcrformauce atandards for any zone in which lhe City de. sixes them to apply. The City cotdd raHonally and legally distinguish b~n~en the types of u~em to which the higher number of haadi,.~ped parking s~alh apply by focusing the City's efforts on doctors offices, mcdleal buildings, and physical therapy centezs. Such additional standards, if used, should be enumerated as additional performance slandards for the specified uses. The City does not have the option to lower the standards for disabled parking or access provided for in Federal or State law or regulation. Q.14. Section 9.24.040(e), what, if any, authority exists for the City to enforce the "Couapact Cars Only' de~igua~on on 'compact car" parking spaces? Labeling a parking space "compact car only' may not satisfy due process if the inlr, nt is to enforce this resui~tion. Neither the phra~ 'compact car' nor the phrase 'large car' or 'full-size car' are duffned in the California Vehicle Code. Thus someone cited for parking a 'large car' in a 'compact car' ~pace would llt~.ly viol_am_ the notice requirements of due process because a ddver c~nnot tell from reading the ordinn~ce or the marking on ~e parking space whcther Ms or her car qualifies a~ "compact" or "large" car. ff the City wishes m enforce this type of restriction, the City will likely have to incorporale definitions, with dimensions of "compact car" and 'large car" into ~c City's Co~es= Additionally, the City may want to x=quire the words 'compact cars only' or possibly sam type of signage be used in private parking lots to further ensure that the notice requirements of due process are met. ORANO~4549.1 John Meyer Senior Planner City of Temecula August 14, 1995 Page x~ Q.15. Section 9.24,040(e), Is there any rslalrement thai tlme City keep compact parking stalls as an option for developers to assist in meet'ang off-street parking requirementS? Are there any legal problems associated with · T~nliuetlslg coDapact parkhiE stalls a~ applied to future development? I was unable to locate any geueral legal tequi~e,~ent that the City continue to permit the use of compact parking ~ll~ To the extent that some areas of the City are covered by Development Ageements ot vesting tract nmps, these vested en6~ameats my allow develolx:rs covered by thos~ specific en~tlemen~s to continue to v~ existing parking standards which may include the use of compact parking stalls. A brief contact with the Southern California Air Quality Management District indicates that they have no mnndaW fur cities to allow compact car parking stalls and there is no ~tiv~ fur cities to main~in them from the SCAQMD. Q,16. Section 9.26.025, Coveirene of Essesneait, Does the City have the authority to sunend or release the Covenant if the land use entltlemimt by which it was Imposed expires or termlnntes? Coveaants of F~ments were created by Government Code Section 65870 et seq. to allow cities to ensure access, parking, or s~mi|nr i~lP.~ could be addressed when one property owner holds two adjo'ming properties and traditional real pmpe~ law would provide that any easemeat in that a~tualion (from the owner to the ~ms. owner) would merge into the underlying f~t: ownership and thus dissolve, The practical impact of this traditional real property rule was to prevent the City from ensuring acc~s, paricing, ~ in this situat~n which it could ensure by others not under common ownership. The City does not have the option to amend the covenant ur to provide for the automatic release uf the covenant of ea.zment when the underlying entitlement expires or terminates. However, Government Code Section 65974 does speci/ically require the City to esl2blish a release procedure for the covenant of easement which requires a public l~ring. Such a procedure could also be used to amend the covenant if an amendment was necP-t~ry. Th~ City Council may in the enabling ordinance designate itself or some other body of the City, such am the planning Commission, as the hearing body. As a result, the covenant of easement can be released, but a public hearing wR1 be required. ' ' 29 B~ OOST~ HESR F~X NO. 7147555848 P. 14 John Meyer Senior Planner City of Temecula August 14, 1995 I hope the foregoing information is helpful to you. If you have any questions regarding this malter, pleas~ feel free contact Sincerely, mey crrY OF~ Gary Thornhill, Community Development Director Peter M. Thonon, Esq., City Attorney ORDINANCE NO, 589 AN ORDINANCE OF THE CllY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, ADOPTING ZONING ORDINANCE AMENDMENT 107-95 AMENDING SEL"I'ION 22r37.U, OF THE ZONING CODE PERTAINING TO THE REQUIREMENTS FOR LARGE FAMILY DAY CARE HOMES IN THE CITY. The City Coun~ ot't~ Ci~_.ofLas Alamkos do~s find and ~ as fallows: SECHON ONE. WHEREAS, a vex~ied applicstion has be~x filed fix a c~rtain property., to wit: all properties within th~ corp~ra~ botw,h,ics ofth~ City of Los Alnmitos; and, WttEREAS, saht v~dfied application constitutes a request ns provided by. Section 22-71 of the Zoning Code; and, WHEREAS, the Phmning Commission did on rite 6th day of Februm-y, 1995, hold a duly noticed public h~tting as prescribed by law to cem,idet said mquea~ and. WIIERF_.~, th= City Council did on th~ 271h chy of. Febmm'y, 1995, hold duly noticat public hearings as pnsctibed by hw to consider said requ~g ~ WHEREAS, at said public hearlap, upon heating and co~idefing all testira. ony and axgumaxts, if a~t, of all persons desiring to I~ heard, said Couacil considen:d all factors telaxing to Zoffmg Ordinance Amendm=~ (ZOA} 107-95. WHEP. FAS, pumaant Xo the pmvislona of tlu: C~lmm~a F. nvimnn~,~l Q,,~llty Act (CEQA). an onvlronrneatal checklist .-rod Negative Declaxadon were prepaxed for the pruj~ a~ documonted in City Counga P.~ohfion 1565, and available for public mvi~t b~xing lanuar~ 13, 1995; and. Vatlc. KEAS, Zonini Ordinauc~ Amendment 107-95 is consistent with and implements the goals and objectives ofth~ Clty's Gex~'al Pitre; and, ~, Ze~in,,' Ordimm~ ~ 107-95 j~ ia the ~ long range intorests of th~ camrmmity r~inH.~ to ~ n~ br ~ ~l;~t ofr~ for ~ ~ u ~ ~ay ~y ~ h~ d~ W Zoning Ordinance Ammlm~t 107-95 is consisteat v, ith th= land use d~velopmont goals and of the c~ii-ammity. SECTION TWO: The City Council of the CiW of Loa Alamitos does ocdni. as foIlo,ss: S,,~ion 2247.U. of the Los Ahmims Zoning Codes is ha=by amended by tepeaIing the words lined thnmgh and adding the words uaderlined: UG BWS OOS'I'A liESa F~X NO. ?14~555848 P. ~ Day C~c Centers and Lar~-Fami~ Day Cr.,c llsme~ ~ ~ m ~ ~apter ~c~ ~o ~ ~ of a ~ u~ ~l ~d ~e followu~g p~io~: Vtrc Deganmcnt approvs~ gad, · lis~ from the Orange Coup_ Social gcrdcos Depnr~...es si~ll bc ob~i-ed prior m occupnng.' of the Day Corc ConWr or Lar~ Fn.-r. ily Day Cm~ Hom~. 3. Off ~ parldng :hall bc pmvlded in ac~ordtm~ with ,~s:. 22 15. Fa:rjly Day Care-Ho,,,m 3hall not be nubjcct to the provioion~ of $ection 1597.46. (a) (6) ofthe Health and gafct3_' Code, Day Care Centers and La~c Family Day Car~ Homes as defined in this Chaot~. subject to the follcsidnn provisions: 1. Day Car= Clmters. Off-street varkin~ shall be provided in accordan~ with Section The vrovider shall secure the avvrooriat= child cax~ license, as requ{red by the Or~r~e County Social Services De~art~mt. vrior to a Celtificate of Ocawancy beln~ issued to lhe day care c~nter. Lar~ Family Day Car6 Homes shall be a permitted acf~sorv use for &ve, llings loc~t~l in a residcmial zone, subi~'~ to first obtaining a modified conditional use vomit as Anplicatlons for modified conditio. nl use permits shall be ~bmitted to the Community Development De~arUnent, FOllowing d~e m:eipt of a compl~ application. the Community Develoomeat Dq~mraent shall s~n,e notice oftl~ provosed use by mail to_ all un~erty owners shownonthehleste~nmlizs~iassessmenLrollasownin~rr~iprover~wilhilxa !O0-foot radius of the c~t~or boundari~ of the ptolx~.s. ed Large Farm'Iv Davf-~a~ H~me's property lines, Followin~ the Ion (101 &y noticing ~eriod. ~c Ceranmnity 1X-veloom~ Dinector shall make a decision on the a~plication within l=n f 1 O) A public bearin~ shall not I~. held on tl~ am~lication unless a public hearing is re~ueslcd, in writir~, by either th~ applicant or other aff~'cted l~:rson. '1~ public hearin~ shall b~ held in a manner as pr~cribcd i~t Sections 22-69 and 22-77 of the Los Alamhos Zonin~ C~de. 589 - 2 ~UG-14-85 MON ]5:32 B~ 'OOS~R ME8~~ FAX NO. 7]47555848 P. 17 The Plannin~ Commission. in the ease of a public he~rin~: or the Community D~,~lopm~nt Director shall avl~rqv~ th~ application u~on ~ndlnet that the Dro~os~l use complies with all the followin~ Th~ ]La~ Family Day Care Home Is the etov~der's own t~sidenee, ~he use is cleadv incidemtal and secondary To the use of the oreDeny for residemial ourposes. and the facilin' may be oerminexl licensed child suoervisor assisla~ts only s,~ t~iuired by the State. The everation ofthefraeilitv shall comply with noise standards ex~nmined in Article XI ofthe Los Alamiws Zonin~ Code and the Noise Element of the Los Alamitos General Plan, Chef-street parking shall be provided in aceorclance with Section 22-45. The Dmpos~ use mu~ comply with all State Fire Marshal requirements for building a~d safety xx~ich aPplY to Large F-rally Day Care Homes, and xx~th all local bulldiner and fire codes ~hich anplv to single-f~milv The Dmvlder m.~st secure a Large Family Dav Care ~ome license from the eranee Co~nW Social Services Deoanment prior to issuance of a Certificate of Use and Occupancy forthe Larle Family Day Care Home. Play eguioment shall be Iocat,:d in a secu.r~d ar~_ and all Outdoor Play areas shall be Im'dscapcd. Thc La~ Family Day Ca~e Home sb~ll not be located within a radius of 300 feet. measured from the property lines of the subject Dronetry, of an existine Large Femih, Day Car~ Home, f8/ ~ facility shall be otR, rated in a mariner so as not to aptRat as a cu.u.¢nfial ~eration_ and the utoucnv shall be maintained to prtsem tl~ t,~¢ral atq~arane~ and character of hh~ mid~ntial neighborhood. If the at~vticant is dissatisfied with the decision of the Communltv Development Director. the aPpliCant may appeal in writing to the Planning Cu, m,,ission ~ ten (10~ ctavs of the Direaor'S decision. Tlg Community Develoument De~arm~ent shall be authoriz~-'d to coilcot a fce n~-__~--ev to DrOCeSS the Mo~J_i~ed Conditional Use Permit for a Large Family Day Cam Home. Th~ City Council ,hall cer~ to the passage and adoption of this Ordinance by the City. Council and within fi.fiz~m day~ shall ,nn~ tim _,~n,~_ to b¢ published in tl~ manner pwvided by law. Snid Ordmam:c shall take 589 - 3 .... ~UG-14-95 ~0~ i~:32 BUS~.,~TRII~.Sa F~ NO. 714~4~ r. ,o PASSED. APPROVED. AND ADOPTED at a n:gulat n'me.~nE of the CiLv Cotmeal of the CiLy of Los ,~-,,~ims, CalLfomia held on this 13th day of March. 199~. Mayor, Ci~'efLos Alnsm~os City Clerk of the City. of L~s Alamitos STATE OF CALIFORNIA ) COUNTY' OF ORANGE ) CITY OF LOS ALAMITOS ) SS k Donna S. Velin, City. Clerk of rig Cit~ of Los Alanuros. do hereby c~'tfi~,' that the foregoing Ordinnn~ was introduced on tl~ 27th day of Febronty, 1995, and ,vms adopted on the l_~ day of Marck 1995, by the following roll call voZ: AYES: NOES: ABSTAIN: ABSENT: CO~CILME~BERS: CO~C~ERS: CO~CILMEMBERS: CO~CILMEMBEKS: ATTEST: City Clerk of the City of Los Alansims 589 - 4