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HomeMy WebLinkAbout2023-07 PC ResolutionPC RESOLUTION NO.2023-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA23-0071, A CONDITIONAL USE PERMIT FOR A TYPE 20 ABC LICENSE FOR OFF -SALE BEER AND WINE AT A PREVIOUSLY APPROVED GASOLINE SERVICE STATION AND CONVENIENCE STORE LOCATED AT 41480 SANBORN AVENUE AND MAKING A FINDING OF EXEMPTION UNDER SECTION 15061(B)(3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On February 16, 2023, Alfred Daher filed Planning Application Nos. PA23-0071 a Conditional Use Permit for a Type 20 ABC license for off -sale beer and wine. On April 4, 2023, Alfred Daher filed Planning Application No. PA23-0150 a Finding of Public Convenience and Necessity. These applications (collectively "project"), were filed 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 proposed project and environmental review on May 3, 2023, 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. PA23-0071, subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Conditional Use Permit (Development Code Section 17.04.010.E) A. The proposed conditional use is consistent with the General Plan and the Development Code; Automotive service stations selling beer andlor wine, as conditioned, is an allowable use within the Uptown Temecula Specific Plan. Therefore, the use will be consistent with the General Plan for Temecula as well as the requirements for State law and other Ordinances of the City. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures; The ABC license is associated with a previously approved but not constructed automobile service station. 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. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The application will allow for a Type 20 ABC License (Off Sale Beer & Wine) at a previously approved automobile service station. The site will remain unchanged in size and shape to accommodate the use prescribed in the Development Code and Uptown Temecula Specific Plan as required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; As conditioned, the project will meet all requirements of the Development Code and General Plan which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. 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. E. That the decision to conditionally approve or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal; The decision to conditionally approve the application for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Planning Commission. 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. Section 4. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Development Plan: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review pursuant to Section 15061(b)(3) as there is no possibility the proposed project would have a significant impact on the environment. Section 5. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA23-0071, a Conditional Use Permit for a Type 20 ABC License for off -sale beer and wine located at 41480 Sanborn Avenue, subject to the Final Conditions of Approval set forth on Exhibit A, Plan Reductions set forth on Exhibit B, and the Statement of Operations set forth on Exhibit C, attached hereto, and incorporated herein by this reference. Section 6. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 3rd day of May, 2023. Lanae T y-Tr4Cr ATTES Luke atson 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. 2023-07 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 3rd day of May, 2023, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Hagel, Solis, Turley-Trejo-Watts NOES: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None ABSENT: 1 PLANNING COMMISSIONERS: Ruiz --- k /) IF F Luke Watson Secretary EXHIBIT A EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA23-0071 Project Description: A Conditional Use Permit for a Type 20 ABC License for off -sale beer and wine at a gasoline service station and convenience store, located at 41480 Sanborn Avenue. Assessor's Parcel No.: 910-272-008 MSHCP Category: N/A (No New Square Footage/Grading) DIF Category: N/A (No New Square Footage) TUMF Category: N/A (No New Square Footage) Quimby Category: N/A (Non -Residential) New Street In -lieu of Fee: N/A (No New Square Footage) Approval Date: May 3, 2023 Expiration Date: May 3, 2025 PLANNING DIVISION Within 48 Hours of the Approval Page 1 of 5 Applicant Filing Notice of Exemption. APPLICANTACTION REQUIRED: The applicant/developer is responsible for filing the Notice of Exemption as required under Public Resources Code Section 21152 and California Code of Regulations Section 15062 within 48 hours of the project approval. If within said 48-hour period the applicant/ developer has not filed the Notice of Exemption as required above, the approval for the project granted shall be void due to failure of this condition. Failure to submit the Notice of Exemption will result in an extended period of time for legal challenges. FEES: Fees for the Notice of Exemption include the Fifty Dollar County ($50.00) administrative fee. The County of Riverside charges additional fees for credit card transactions. FILING: The City shall provide the applicant with a Notice of Exemption within 24 hours of approval via email. If the applicant/developer has not received the Notice of Exemption within 24 hours of approval, they shall contact the case Planner immediately. All CEQA documents must be filed online with the Riverside County Assessor — County Clerk- Recorder. A direct link to the CEQA filings page is available at TemeculaCA.gov/CEQA. COPY OF FILINGS: The applicant shall provide the City with a digital copy of the required filings within 48 hours. General Requirements 2. Indemnification of the City. Indemnity, Duty to Defend and Obligation to Pay Judgments and Defense Costs, Including Attorneys' Fees, Incurred by the City. The Applicant shall defend, indemnify, and hold harmless the City, its elected officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees") from and against any claims, damages, actions, causes of actions, lawsuits, suits, proceedings, losses, judgments, costs, and expenses (including, without limitation, attorneys' fees or court costs) in any manner arising out of or incident to the Planning Commission's actions, this approval and the City Council's actions, related entitlements, or the City's environmental review thereof. The Applicant shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding. The City shall promptly notify the Applicant of any claim, action, or proceeding and the City shall reasonably cooperate in the defense. If the City fails to promptly notify the Applicant of any claim, action, or proceeding, or if the City fails to reasonably cooperate in the defense, the Applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City or the Indemnitees. The City shall have the right to select counsel of its choice. The Applicant shall reimburse the City, and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Nothing in this condition shall be construed to require the Applicant to indemnify Indemnitees for any claim arising from the sole negligence or willful misconduct of the Indemnitees. In the event such a legal action is filed challenging the City's determinations herein or the issuance of the approval, the City shall estimate its expenses for the litigation. The Applicant shall deposit said amount with the City or, at the discretion of the City, enter into an agreement with the City to pay such expenses as they become due. Page 2 of 5 3. Expiration. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the two year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit. A modification made to an approved development plan does not affect the original approval date of a development plan. 4. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to three extensions of time, one year at a time. A modification made to an approved development plan does not affect the original approval date of a development plan. 5. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 6. Signage Permits. A separate building permit shall be required for all signage. 7. Modifications or Revisions. The developer shall obtain City approval for any modifications or revisions to the approval of this project. 8. Statement of Operations. The applicant shall comply with their Statement of Operations dated February 13, 2023, 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. 9. Previous Conditions of Approval. All previous Conditions of Approval from PA21-0075 and PA21-0076 shall remain in full effect unless superseded herein. 10. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 11. City Review and Modification of CUP. The City, its Director of Community Development, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Director of Community Development, Planning Commission and City Council is in addition to, and not in -lieu of, the right of the City, its Director of Community Development, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. Page 3 of 5 12. Business Conditions. The applicant shall comply with Section 17.10.020 of the Temecula Municipal Code as it may be amended from time to time: i. No beer or wine shall be displayed within five feet of the cash register or building entrance. ii. No sale of alcoholic beverages shall be made from a drive -up window. iii. No display or sale of beer or wine shall be made from an ice tub or similar device or unit. iv. No beer or wine advertising shall be located on motor fuel islands. v. No beer or wine advertising shall be located on the building, windows, doors, or on freestanding signage. vi. No self -illuminated advertising for beer or wine shall be located on buildings or freestanding signage. vii. Only employees on duty between the hours of ten p.m. and two a.m. who are at least twenty-one years of age may sell alcoholic beverages. viii. Distilled spirits and pre -mixed spirit cocktails are prohibited. 13. Compliance with State Laws and Labor Code. The permittee shall comply with all applicable state laws, including the California Labor Code. POLICE DEPARTMENT General Requirements 14. Type 20 License. OFF SALE GENERAL - (Package Store) Authorizes the sale of beer and wine for consumption off the premises where sold, no distilled spirits may be on the premises. Minors are allowed on the premises. 15. Consumption of Alcoholic Beverages in Public Prohibited. The applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. 16. Identification Verification. Identification will be verified utilizing one of the following: (a) valid California driver's license; (b) valid California identification card; (c) valid military identification card (active/reserve/retired/dependent); (d) valid driver's license from any of the 50 States or Territories of the United States; (e) valid U.S. Passport; (f) valid government issued identification card issued by a Federal, State, County or City agency. 17. Acceptable Forms of Identification. As noted above, only a valid government issued identification card issued by a Federal, State, County or City agency is acceptable, providing it complies with Section 25660 of the Business and Profession Code (B&P), which includes the following requirements: (a) name of person; (b) date of birth; (c) physical description; (d) photograph; (e) currently valid (not expired). It is the responsibility of the business owner and any person who serves or sells alcohol to be aware of current laws and regulations pertaining to alcoholic beverages. Page 4 of 5 18. No Alcohol Sales Between 2:00 am and 6:00 am. Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. Section 25631 B&P Code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00 a.m. Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter that the law. Those licenses are marked "Conditional" (23805 B&P). 19. Inspections. Police officers, sheriff's deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer (Sections 25616, 25753, and 25755 B&P; 148 and 241 (b) PC). 20. Disorderly House. Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off sale) that: (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc; and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premise includes the parking lot (Section 25601 B&P; 316 PC). 21. Employee Training for Identification Checks. The applicant shall ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. The Temecula Police Department provides free training for all employers and employees involved in the service and sales of alcoholic beverages. It is the responsibility of the applicant to set up a training session for all new employees. Contact the Crime Prevention and Plans Unit at (951) 506-5132 to set up a training date. Training must be completed prior to the grand opening of this business and periodic updated training when new employees/ management are hired. 22. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. Page 5 of 5 EXHIBIT B WALLLEGEND € r-K Y-al�- !-Eye• Q r . a• umxn srw ou • r• ac. pn• �.E+s i,s a',oa D waw.�is` reiEi �� ' lssEr cm ao� mrxsuL�nrnx� xrtbor ' 7. rixi5�`SSi."b' [�[r,rgx5 r� arg15 � __.. __- fDA rT:bpr MSM(S S • riNSN SCKDrE L [:i-, rI 0 ]• ..• ix,EMdr END xAll . ,.• 0.0 bM ��,lC 'tin• D.P airaws : ri5°xnxx.D.xcaEsrur�D E _ BECA CAR rixisbi.D[Ds)` M ® O ® '-• [r,T�Dxsar�wsxt,r ac ��"m a�'i .ric�"x 's o[ u�ipEif �m f 13 I rw5n[S)" - . • falU:A STA Wl PDP-a!R . rC i BrllMlf PAK�. N[ [al[bdls[l[vATDMS ral CDLDRS t M9RS 0 }-n' .ux-x toaw wis •s Ka IN r — 11 �1 Pi n[nl¢I15 SP[CS r xr/r In .Nl csnn br F.rD.'sa0 A10 M-RbrDa EIEv.,tlxS . IKSx bKKs .-rArtbnw oDEta.T-r . a.R .o e LQ AWES NC. 76 GAS STATION C- C -STORE 8 RETAIL 's (a APPROVED =� m;; M--0_ j rK ,a L. ••"FLOORP N C-STOREIOSR `A brmxu A-1.0 ... E100520 PA21-75 PA21-0075 EXHIBIT C Section C: Statement of Operations February 13, 2023 76 Gas Station Convenience Store 41480 Sanborn Ave. Temecula CA 92590 PROPOSED BUSINESS OPERATIONS: The Convenience store with motor fuel dispensing will operate on a 24-hours per day, 7 days per week period. It will offer the sale of pre -packaged food products, hot and cold grab & go food/beverages, household items, tobacco products, newspapers, magazines, in-store ATM, and lottery machine. Below are additional information pertaining to the Convenience store. Store Hours of Operation: 24 hours daily, 7 days a week Beer/Wine Sales Hours: 6:00 a.m. to 2:00 a.m. daily Employees: Minimum of 2 employees on site at all times. During peak hours there will be 5 employees. Overall Store Size: Approximately 3,350 square feet Store Sales Floor Area: 1,667 square feet Beer & Wine Display Area: 174 square feet (10% of Sales Floor Area) Number of Parking Spaces: 32 spaces CITY OF TEMECULA PLANNING DEPARTMENT CONDITIONALLY APPROVED SUBJECT TO THE FINDINGS AND CONDITIONS OF APPROVAL, AS APPROVED. MODIFICATIONS REQUIRE CITY APPROVAL. Scott Cooper 5/3/2023 SECURITY MEASURES: • Policy signs will be posted on premises: "No Open Containers", "No Consumption of Alcoholic Beverage on the Premises" and "No Loitering". • No exterior advertising or window signs will advertise beer or wine products; • No beer and wine advertisement located on the motor fuel island. • No beer and wine will be displayed at the cash register or the front door or within ice tubes. • No fortified wines or malt liquor will be sold. • Employees on duty between 10:00pm and 2:00 am who sell beer/wine will be at least 21 years of age. • Store will have 12 surveillance cameras inside the store and 4 outside the store. • Surveillance video is stored for at least 30 days and be made available to law enforcement upon request. • Cooler doors containing beer will be locked from 2:00 a.m. to 6:00 a.m. daily. • All persons that appear younger than 30 years old must provide ID in order to purchase alcohol. • Point of sale system requires cashier to scan the ID to validate age. No alcohol will be sold if customer is a minor. EMPLOYEE TRAINING: • Employees engaged in sale of beer/wine will complete responsible beverage service (RBS) training class that is approved by ABC. • RBS Training includes looking for signs of intoxication, proper identification checking, procedures for dealing with various situations as well as general behavior observance training. PA23-0071 and PA23-0150, CUP and PCN