HomeMy WebLinkAbout10-014 PC Resolution PC RESOLUTION NO. 10-14
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA10-0031, A MINOR CONDITIONAL
USE PERMIT TO ALLOW AN EXISTING BREWERY TO
SELL ITS PRODUCT TO THE GENERAL PUBLIC,
LOCATED AT 41740 ENTERPRISE CIRCLE NORTH (APN
909-282-007)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On February 9, 2010, Andrew Marshall, .filed Planning Application No.
PA10-0031, a Minor Conditional Use Permit Application in a manner in accord with the
City of Temecula General Plan and Development Code.
B. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law:
C. The Planning Commission, at a regular meeting, considered the
Application and environmental review on September 1, 2010, 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 Commission hearing and after due consideration
of the testimony, the Commission approved Planning Application No. PA10-0031
subject to and based upon the findings set forth hereunder.
E. All legal preconditions to the adoption of the Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in approving the
Application hereby finds, determines and declares that: Minor Conditional Use Permit
(Section 17.04.010.E) .
A. 'The proposed use is in conformance with the General Plan for Temecula
and with all applicable requirements of State law and other Ordinances of the City;
The proposed conditional use is consistent with the General Plan , and the
Development Code. .
B. The proposed Minor Conditional Use Permit is intended to allow an
existing brewery to provide tastings by the glass in conjunction with retail sales. The
business is located in an area zoned as Business Park and this zoning district allows
retail uses that are supporting a principal Business Park use. Further, the conditional
use has been reviewed and conditioned by Public Works, Building and Safety, Fire, and
the Police Department to ensure it is consistent with the General Plan and Development
Code;
The proposed conditional use is compatible with the nature, condition and
development of adjacent uses, buildings and structures and the proposed
conditional use will not adversely affect the adjacent uses, buildings or structures
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 this Development Code and
required by the Planning Commission or City Council in order to integrate the use with
other uses in the neighborhood;
The City of Temecula Development Code (Section 17.08.020.F) allows for
business park uses to have an area no larger than 15 percent of their total
square footage to be devoted to retail sa/es. The applicant has met this size
requirement per their submitted p/ans. To ensure the use is integrated with other
uses in the neighborhood, the conditional use has been reviewed and
conditioned by Public Works, Building and Safety, Fire, and the Police
Department to ensure the site 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.
D. The nature of the proposed conditional use is not detrimental to the health,
safety and general welfare of the community;
The conditional use has been reviewed and conditioned by Public Works,
Building and Safety, Fire, and Police Department to ensure it is not detrimental to
' the health, safety and general welfare of the community.
E. That the decision to approve, conditionally approve, or deny the
application for a conditional use permit be based on substantial evidence in view of the
record as a whole before the Planning Commission or City Council on appeal;
The decision to approve, conditionally approve, or deny the application for a
Conditional Use Permit will be based on substantial evidence in view of the
record as a whole before the P/anning Commission or City Council on appeal.
Environmental Findings. The Planning Commission hereby makes the following
environmental findings and determinations in connection with the approval of the Minor
Conditional Use Permit Application:
A. In accordance with the California Environmental Quality Act, the proposed
project has been deemed to be categorically exempt from further environmental review
(Section 15302, Class 1 Existing Facilities).
The proposed project will be an expansion of services for an existing business.
This expansion will.not result in the creation of any new square footage to the
structure. All construction will be related to tenant improvements.
Section 3. Conditions. The Planning Commission of the City of Temecula
approves Planning Application No. PA10-0031, a Minor Conditional Use Permit to allow
an existing brewery to sell its product to the general public at 41740 Enterprise Circle
North, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and
incorporated herein by this reference.
Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 1 st day of September 2010.
��t�'t
. Carl rey, Chairman �
ATTEST:
, Patrick Richardson, Secretary
� � - � :�.=
�.. �_ �.`[SEf,L] . ,
- - _ �,' . �
- ` �-: � ;
, ;:; �,
\'? - STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Patrick Richardson; Secretary of the Temecula Planning Commission, do
hereby certify that the forgoing PC Resolution No. 10-14 was duly and regularly
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the 1 st day of September 2010, by the following vote:
AYES: 4 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Telesio
NOES: 0 PLANNING COMMISSIONERS: None
ABSENT: 1 PLANNING COMMISSIONERS: Kight
ABSTAIN: 0 PLANNING COMMISSIONERS: None
Patrick Richardson, Secretary
EXHIBT A
DRAFT CONDITIONS OF APPROVAL
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA10-0031
Project Description: A Minor Conditional Use Permit to allow an existing brewery to sell
its product to the general public at 41740 Enterprise Circle North
Assessor's Parcel No.: 909-282-007
MSHCP Category: Exempt (No New Square Footage)
DIF Category: Exempt (No New Square Footage)
TUMF Category: Exempt (No New Square Footage)
Approval Date: September 1, 2010
Expiration Date: September 1, 2012
PLANNING DEPARTMENT
Within 48 Hours of the Approval of This �Project
PL-1. The applicanUdeveloper shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of Sixty-Four pollars
� ($64.00) for the County administrative fee, to enable the City to file the Notice of
Exemption as provided under Public Resources Code Section 21152 and California
Code of Regulations Section 15062. If within said 48-hour period the applicant/
developer has not delivered to the Planning Department the check as required above,
the approval for the project granted shall be void by reason of failure of condition (Fish
and Game Code Section 711.4(c)):
General Requirements
PL-2. The applicant and owner of the real property subject to this condition shall hereby
agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of
the City's own selection from any and all claims, actions, awards, judgments, or
proceedings against the City to attack, set aside, annul, or seek monetary damages
resulting, directly or indirectly, from any action in furtherance of and the approval of the
�City, or any agency or instrumentality thereof, advisory agency, appeal board or
legislative body including actions approved by the voters of the City, concerning the
Planning Application. The City shall be deemed for purposes of this condition, to
include any agency or instrumentality thereof, or any of its elected or appointed
officials, officers, employees, consultants, contractors, legal counsel, and agents. City
shall promptly notify both the applicant and landowner of any claim, action, or
proceeding to which this condition is applicable and shall further cooperate fully in the
defense of the action. The City reserves the right to take any and all action the City
deems to be in the best interest of the City and its citizens in regards to such defense.
PL-3. The permittee shall obtain City approval for any modifications or revisions to the
approval of this project.
PL-4. This approval shall be used within two years of the approval date; otherwise, it shall
become null and void. By use is meant the beginning of substantial construction
contemplated by this approval within the two year period, which is thereafter diligently
pursued to completion, or the beginning of substantial utilization contemplated by this
approval.
PL-5. The Planning Director may, upon an application being filed prior to expiration, and for
good cause, grant a time extension of up to 3 one-year extensions of time, one year at.
a time.
PL-6. The development of the premises shall substantially conform to the approved site plan
and elevations contained on file with the Planning Department.
PL-7. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers,
landscape debris, and waste from entering•the storm drain system or from leaving the
property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or
repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters.
Ensure that all materials and products stored outside are protected from rain. Ensure
all trash bins are covered at all times.
PL-8. The applicant shall comply with their Statement of Operations submitted February 9,
2010, on file with the Planning Department, unless superseded by these Conditions of
Approval.
PL-9. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the .
City's Development Code.
PL-10. The City, its Planning Director, Planning Commission, and City Council retain and
reserve the right and jurisdiction to review and modify this Conditional Use Permit
(including the Conditions of Approval) based on changed circumstances. Changed
circumstances include, but are not limited to, the modification of business, a change in
scope, emphasis, size of nature of the business, and the expansion, alteration,
reconfiguration or change of use. The resenration of right to review any Conditional
Use Permit granted or approved or conditionally approved hereunder by the City, its
Planning Director, Planning Commission and City Council is in addition to, and not in-
lieu of, the right of the City, its Planning Director, Planning Commission, and City
Council to review, revoke or modify any Conditional Use Permit approved or
conditionally approved hereunder for ary violations of the conditions imposed on such
Conditional Use Permit or for the maintenance of any nuisance condition or other code
violation thereon.
PL-11. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer
for the facility shall ensure that the employee has received Licensee Education on
Alcohol and Drugs (L.E.A.D.) training from the California Department of Alcoholic
Beverage Control.
PL-12. The applicant shall abide by all requirements of the California Department of Alcoholic
Beverage Control.
PL-13. Retail/tasting hours shall be 1 p.m. - 9 p.m. Monday through Sunday. �
OUTSIDE AGENCIES
PL-14. The applicant shall comply with the recommendations set forth in the County of
� Riverside Department of Environmental Health's transmittal dated February 17, 2010, a
copy of which is attached.
BUILDING AND SAFETY DEPARTMENT
General Conditions/Information
B-1. All design components shall comply with applicable provisions of the 2007 edition of
the California Building, Plumbing and Mechanical Codes; 2007 California Electrical
Code; California Administrative Code, Title 24 Energy Code, California Title 24
Disabled Access Regulations, and the Temecula Municipal Code.
B-2. Submit at time of plan review, a complete exterior site lighting plan showing compliance
with Ordinance Number 655 for the regulation of light pollution. All streetlights and
other outdoor lighting shall be shown on electrical plans submitted to the Department of
Building and Safety. Any outside lighting shall be hooded and aimed not to shine
directly upon adjoining property or public rights-of-way.
B-3. Obtain all building plans and permit approvals prior to commencement of any
construction work.
B-4. Commercial and industrial project trash enclosures, patio covers, light standards, and
any block walls will require separate approvals and permits.
B-5. Signage shall be posted conspicuously at the entrance to the project that indicates the
hours of construction, as allowed by the City of Temecula Municipal Ordinance
9.20.060, for any site within one-quarter mile of an occupied residence. The permitted
hours of construction are Monday through Friday from 7:00 a.m. to.6:30 p.m., and
Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally
recognized Government Holidays.
At Plan Review Submittal
B-6. Provide electrical plan including load calculations and panel schedule, plumbing
schematic and mechanical plan applicable to scope of work for plan review.
Prior to Issuance of Building Permit(s)
B-7. Provide appropriate stamp of a registered professional with original signature on plans.
COMMUNITY SERVICES DEPARTMENT
General Conditions/Information
CS-1. The developer shall contact the City's franchised solid waste hauler for disposal of
construction and demolition debris. Only the City's franchisee may haul demolition and
construction debris.
Prior to Issuance of Building Permits
CS-2. The developer shall provide TCSD verification of arrangements made with the City's
franchise solid waste hauler for disposal of construction and demolition debris.
;
FIRE PREVENTION
General Requirements
F-1. Final fire and life safety conditions will be addressed when building plans are reviewed
by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the
California Building Code (CBC), California Fire Code (CFC), and related codes which
are in force at the time of building plan submittal.
F-2. The applicant shall comply with the requirements of the Fire Code permit process and
update any changes in the items and quantities approved as part of their Fire Code
permit. These changes shall be submitted to the Fire Prevention Bureau for review and
approval per the Fire Code and is subject to inspection (CFC Chapter 1).
Prior to Issuance of Building Permit(s) .
F-3. Fire sprinkler tenant improvement plans shall be submitted to the Fire Prevention
Bureau for approval. Three sets of sprinkler plans must be submitted by the installing
contractor to the Fire Prevention Bureau. These plans will be required if any new walls
are going to be added or existing walls are going to be removed.
POLICE DEPARTMENT
General Requirements
PD-1. . Applicant has a Type 23 License (Small Beer Manufacturer). A Type 23 license
authorizes the same privileges and restrictions as a Type 01. A brewpub is typically a
very small brewery with a restaurant. A micro-brewery is a small-scale brewery
operation that typically is dedicated solely to the production of specialty beers, although
some do have a restaurant or pub on their manufacturing plant. '
PD-2. Applicant will comply with Temecula Muriicipal Code Section 9.14.010, Consumption of
Alcoholic Beverages in Public Prohibited.
PD-3. Alcohol may be not sold to or consumed by any person under the age of 21.
PD-4. Identification will be verified utilizing one of the following: (a) valid California driver's
license; (b) valid California identification card; (c) valid military identification card
(active/reserve/retired/dependent); (d) valid driver's license from any of the 50 States or
Territories of the United States; (e) valid U.S. Passport; (f) valid government issued
identification card issued by a Federal, State, County or City agency. -
PD-5. As noted above, only a valid government issued identification card issued by a Federal,
State, County or City agency is acceptable, providing it�complies with 25660 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).
PD-6. Licensees may not sell, give, or deliver alcohol (by the drink or by the package)
between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase
alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P Code). Licensees may
not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m.
of the same day (even if someone bought the drinks before 2:00 a.m. Section 25632
. B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale
that are stricter that the law. Those licenses are marked "Conditional" (23805 B&P).
PD-7. Applicant will ensure all employees involved with the sales, service and identification
checks for the purpose of any sales of alcoholic beverages are trained in the proper
procedures and identification checks. The Temecula Police Department provides free
training for all 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 Officer at (951) 695-2773 to
. set up a training date. Training should be completed prior to the grand opening of this
business and periodic updated training should be conducted when new
employees/management are hired.
PD-8. Police officers, sheriff's deputies and ABC investigators are sworn law enforcement
officers (peace officers) with powers of arrest. Whether in plainclothes or uniform,
peace officers have the legal right to visit and inspect any licensed premises at any
time during business hours without a search warrant or probable cause. This includes
inspecting the bar and back bar, store room, office, closed or locked cabinets, safes
kitchen, or any other area within the licensed premises. It is legal and reasonable for
licensees to exclude the public from some areas of the premises. However, licensees
cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer
(Sections 25616, 25753, and 25755 B&P; 148 and 241 (b) PC).
PD-9. Licensees may not permit their licensed premises to become a disorderly house. A
disorderly house is a licensed outlet (on or off sale) that: (a) disturbs neighbors with
noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc;
and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution
narcotics, etc. The licensed premise includes the parking lot (Section 25601 B&P; 316
PC).
� PD-10. On-sale licensees who offer entertainment must abide by the following rules: (1) no
licensee shall permit any person to perform acts of or acts which simulate; (a) sexual
intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual
• acts which are prohibited by law; (b) the touching, caressing or fondling on the breast,
buttocks, anus or genitals; (c) the displaying of the pubic hair, anus, vulva or genitals;
and, (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts
and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches
above the immediate floor level and removed at least six feet from the nearest patron.
No licensee shall permit any person to remain in or upon the licensed premises who
exposes to public view any portion of his or her genitals or anus (Rule 143.3 CCR.
Also violates sections 311.6 PC if conduct is "obscene," e.g. intercourse, sodomy
masturbation, etc.).
PD-11. Applicant will ensure no loitering occurs on or adjacent to its premises during hours of
operation.
PD-12. Applicant will ensure sufficient lighting is provided for customers during hours of
darkness if hours of operation extend into the night.
PD-13. Applicant will be responsible for any cost incurred by the Police Department if
additional officers are required because of traffic problems/congestion, public
disturbance or where the need for police presence is required.
PD-14. Any questions regarding these conditions should be directed to the Temecula Police
Department Crime Prevention and Plans Unit at (951) 506-6793.
Ci JNTY OF RIVERSIDE • COMI I�ITY HEALTH AGENCY
DEPARTMENT OF EIWIRONMENTAL HEALTH
City of Temecula 2
Planning Department D�S C� � Q�j ��-�
c% Eric Jones
PO BOX 9033
Temecula, CA 92589-9033 FEB 2 4 zU''iJ
17 February 2010
RE: PA10-0031 �
The Department of Environmental Health (DEH) has received and reviewed the PA10-
0031 for the Minor Conditional Permit to allow the Black Market Brewing Company to
open a retail sales azea (432 Square Feet) at their existing location located at 41740 North
Enterprise Circle, #109, Temecula, CA 92590, under the applicant: Andrew Marshall.
The food facility building located on this Assessor's Parcel Number (APN 909-282-007)
is connected to a potable water line and sanitary sewer from an approved purveyor.
Any food vending or restaurant use of the building shall require REHS inspector
compliance by the County of Riverside DEH. Please contact Bonnie Dierking,
Supervising REHS for plan check requirements at 951.461.0284.
If you have any questions, please do not hesitate to call me at 951.955.8980
Sincerely,
Crregor De lenbach, REHS
BHS 100140 �
LocaFEnJorcement Agency • P.O. Box 1280, Riverside, CA 92502-1280 •(951) 955-8982 • FAX (951) 781-9653 • 4080 Lemon Street, 9th Floor, Riverside, CA 92501
Land Use and Water Engtneeriny • P.O. Box 1206, Riverside, CA 92502-1206 •(951) 955$980 • FAX (951) 955-8903 • 4080 Lemon Street, 2nd Floor, Riverside, CA 92501