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HomeMy WebLinkAbout2020-15 PC Resolution PC RESOLUTION NO. 2020-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA20-0449, A PUBLIC CONVENIENCE OR NECESSITY APPLICATION TO MAKE FINDINGS OF PUBLIC CONVENIENCE OR NECESSITY FOR THE ADDITION OF A TYPE 42 ABC LICENSE (ON-SALE BEER AND WINE) AT AN EXISTING MICRO-BREWERY TASTING ROOM LOCATED AT 28636 OLD TOWN FRONT STREET, SUITE 103, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 922-034- 036) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On March 10, 2020, William Steinkirchner filed Planning Application No. PA20- 0449, a Public Convenience or Necessity Application in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on May 6, 2020, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA20-0449 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission,in approving the Application hereby finds, determines and declares that: Public Convenience or Necessity, Development Code Section 17.10.020) A. Whether or not the proposed use is consistent with the General Plan and Development Code The proposed use is consistent with the City of Temecula General Plan which specifies that the project site is designated as Specific Plan Implementation (Old Town Specific Plan). The land use designation within this specific plan is Downtown Core (DTC). Establishments selling alcohol are a permitted use within the DTC. B. Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses. Stone Church Brewing is located within an existing commercial structure on a developed lot. Other uses within the structure consist of restaurants, retail and offices. There are no sensitive uses within the structure. As conditioned, the proposed use is compatible with the nature, condition and development of adjacent uses, buildings and structures, and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. C. Whether or not the proposed use would have an adverse effect on adjacent land uses. As conditioned, the project will meet all requirements of the Development Code, General Plan, and Old Town Specific Plan which provide safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. D. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity. Census Tract 512, where Stone Church Brewing is located, is currently considered "over- concentrated" with on-sale alcohol licenses by the California Department of Alcoholic Beverage Control (ABC). Three (3) on-sale licenses are allowed within the tract by ABC before being considered "over-concentrated." Currently, the tract has eighty-six (86) active licenses. This concentration of on-sale licenses can be explained by the population residing in the tract versus the amount of commercial development within in the tract.Stone Church Brewing is located in Old Town, which is an area frequented by tourists and others that do not reside in Old Town. Consequently, a significant portion of the actual population utilizing these facilities does not reside within the Census Tract.As an ABC defined "over- concentrated" tract, a Finding of Public Convenience or Necessity is required for the approval of the Type 42 (On-sale beer and wine—Public Premises)ABC license. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Public Convenience or Necessity(PC or N) Application: A. In accordance with the California Environmental Quality Act,the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class I, Existing Facilities); The Conditional Use Permit for a Type 42 (On-Sale Beer and Wine — Public Premises) license with findings of Public Convenience or Necessity at Stone Church Brewing involves a negligible expansion of the existing use. The business is already operating as a microbrewery tasting room. Beer sales are already permitted at the establishment under the applicant's Type 23 license. There will not be any physical changes made to the structure of the building as part of this application. Live entertainment will be allowed, but will only occur indoors and during limited hours. As such, this is a negligible expansion of an existing use. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA20-0449, a Public Convenience or Necessity application for an existing brewery tasting room located at 28636 Old Town Front Street, Suite 103., subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. PASSED,APPROVED AND ADOPTED by the City of Temecula Planning Commission this 6th day of May, 2020. r a e Lanae Turley-Trej hairper n ATTEST: „zr a[son Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 2020-15 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 6th day of May, 2020, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Guerriero, Telesio, Turley-Trejo, Watts, Youmans NOES: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None 46 ij Luke Watson Secretary EXHIBIT A CITY OF TEMECULA FINAL.CONDITIONS OF APPROVAL Planning Application No.: PA20-0449 Project Description: A Public Convenience or Necessity application for Stone Church Brewing to add a Type 42 ABC license (On-Sale Beer and Wine)to an existing micro- brewery tasting room located at 28636 Old Town Front Street, Suite 103. Assessors Parcel No.: 922-034-036 MSHCP Category: N/A(No New Square Footage or Grading) DIF Category: N/A(No New Square Footage) TUMF Category: Per WRCOG Requirements Quimby Category: N/A(Non-Residential Project) New Street In-lieu of Fee: N/A(Not Located within the Uptown Temecula Specific Plan) Approval Date: May 6, 2020 Expiration Date: May 6, 2022 PLANNING DIVISION Within 48 Hours of the Approval 1. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Fifty Dollars ($50.00)for the County administrative fee,to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/developer has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Wildlife Code Section 711.4(c)). General Requirements 2. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys from any and all claims, actions, awards,judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 3. Compliance with EIR. The project and all subsequent projects within this site shall comply with all mitigation measures identified within EIR No. 5 (Old Town). 4. Statement of Operations. The applicant shall comply with their Statement of Operations submitted on February 26, 2020, on file with the Planning Division, unless a conflict exists between the Statement of Operations and these Conditions of Approval, in which case the Conditions of Approval control. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 5. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit.