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HomeMy WebLinkAbout121912 PC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II]. TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET DECEMBER 19, 2012 — 6:00 PM PRELUDE MUSIC: CALL TO ORDER: Flag Salute: Roll Call: PUBLIC COMMENTS Earlene Bundy Commissioner Guerriero Carey, Guerriero, Harter, Kight, and Telesio Next in Order: Resolution: 12-25 A total of 15 minutes is provided so members of the public may address the Commission on items that are not listed on the Agenda. Speakers are limited to three minutes each. If you desire to speak to the Commission about an item not on the Agenda, a salmon colored "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary prior to the Commission addressing that item. There is a three-minute time limit for individual speakers. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action.. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approved the Action Minutes of December 5, 2012 1 2 Director's Hearing Summary Report RECOMMENDATION: 2.1 Receive and File Director's Hearing Summary Report COMMISSION BUSINESS 3 Elect 2013 Chairperson and Vice Chairperson PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee. 4 Planning Application No. PA12-0211, a Conditional Use Permit Modification and Finding of Public Convenience or Necessity for the Temecula Wine and Beer Garden to upgrade their ABC liquor license to a Type 48, On Sale General - Public Premises, which authorizes the sale of beer, wine and distilled spirits (food service is not required), located at 28464 Old Town Front Street, Matt Peters RECOMMENDATION: 4.1 Adopt a resolution entitled: PC RESOLUTION 12- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA12-0211, A CONDITIONAL USE PERMIT MODIFICATION AND FINDING OF PUBLIC CONVENIENCE OR NECESSITY FOR THE TEMECULA WINE AND BEER GARDEN TO UPGRADE THEIR ABC LIQUOR LICENSE TO A TYPE 48, ON SALE GENERAL - PUBLIC PREMISES, WHICH AUTHORIZES THE SALE OF BEER, WINE AND DISTILLED SPIRITS (FOOD SERVICE IS NOT REQUIRED) AT 28464 OLD TOWN FRONT STREET (APN 922-023-022) REPORTS FROM COMMISSIONERS DIRECTOR OF DEVELOPMENT SERVICES REPORT ADJOURNMENT 2 Next regular meeting: Planning Commission, Wednesday, January 2, 2013, 6:00 PM City Council Chambers, 41000 Main Street, Temecula, California. NONCE TO THE PUBLIC The agenda packet (including staff reports) will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 PM the Friday before the Planning Commission meeting. At that time, the agenda packet may also be accessed on the City's website — www.cityoftemecula.orq — and will be available for public viewing at the respective meeting. Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the Commission regarding any item on the agenda, after the posting of the agenda, will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula, 8:00 AM — 5:00 PM). In addition, such material may be accessed on the City's website — www.cityoftemecula.ora — and will be available for public viewing at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the Planning Department at the Temecula Civic Center, (951) 694-6400. 3 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET NOVEMBER 7, 2012 — 6:00 PM CALL TO ORDER: Flag Salute: Commissioner Kight Roll Call: ABSENT: Carey, Guerriero, Harter, Kight, and Telesio KIGHT CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Next in Order: Resolution: 12-24 Approve the Action Minutes of October 17, 2012 APPROVED 3-0-1-1; MOTION BY COMMISSIONER HARTER, SECOND BY COMMISSIONER TELESIO; VOTE REFLECTED APPROVAL; GUERRIERO ABSTAINED, KIGHT ABSENT COMMISSION BUSINESS 2 General Plan Conformity Finding for a proposed Street Vacation of a portion of Jedediah Smith Road, Dale West APPROVED 4-0-1-0; MOTION BY COMMISSIONER TELESIO, SECOND BY COMMISSIONER HARTER; VOTE REFLECTED APPROVAL; KIGHT ABSENT RECOMMENDATION: 2.1 Adopt a resolution entitled: PC RESOLUTION NO. 12-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA CONFIRMING FINDING THAT THE STREET VACATION OF A PORTION OF JEDIDIAH SMITH ROAD CONFORMS TO THE CITY OF TEMECULA GENERAL PLAN (LONG RANGE PLANNING PROJECT NO. LR12-0017) 1 REPORTS FROM COMMISSIONERS DIRECTOR OF DEVELOPMENT SERVICES REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, December 5, 2012, 6:00 PM City Council Chambers, 41000 Main Street, Temecula, California. Ron Guerriero Chairman 2 Patrick Richardson Director of Development Services CITY OF TEMECULA DEVELOPMENT SERVICES MEMORANDUM TO: Planning Commission FROM: Patrick Richardson, Director of Development Services DATE: December 19, 2012 SUBJECT: Director's Hearing Summary Report Planning Director's Agenda items for October and November, 2012 Date Case No. Proposal Applicant Action October 25, 2012 PA12-0169 A Minor Conditional Use Permit to allow Cellarz93 Restaurant/Wine Bar, a bona fide eating establishment, to conduct indoor live entertainment consisting of pianists, guitarists, blues and jazz players, located at 41577 Margarita Road Skip NoeII APPROVED November 1, 2012 PA12-0109 A Minor Conditional Use Permit to allow a church to operate within an existing industrial structure, located at 27286 Via I ndustria Young Jo APPROVED Attachment: Action Agendas ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING October 25, 2012 1:30 P.M. TEMECULA CITY HALL Great Oak Conference Room 41000 Main Street Temecula, CA 92590 CALL TO ORDER: Patrick Richardson, Director of Development Services PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Director of Development Services on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Planning Director about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Planning Director. When you are called to speak, please come forward and state your name and address. Item No. 1 1:30 p.m. Project Number: Project Type: Project Title: Applicant: Project Description: Location: Environmental Action: Project Planner: ACTION: PA 12-0169 Conditional Use Permit Cellarz93 Restaurant/Wine Bar Skip NoeII A Minor Conditional Use Permit to allow Cellarz93 Restaurant/Wine Bar, a bona fide eating establishment, to conduct indoor live entertainment consisting of pianists, guitarists, blues, and jazz players 41577 Margarita Road (formerly Harry's Pacific Grill) Section 15301, Class 1 Existing Facilities Kenny Taylor APPROVED NOTICE TO THE PUBLIC The agenda packet (including staff reports) will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 PM the Friday before the Director's Hearing. At that time, the agenda packet may also be accessed on the City's website — www.cityoftemecula.orq— and will be available for public viewing at the respective meeting. Supplemental material received after the posting of the Agenda Any supplemental material distributed regarding any item on the agenda, after the posting of the agenda, will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula, 8:00 AM — 5:00 PM). In addition, such material may be accessed on the City's website — www.cityoftemecula.oro — and will be available for public viewing at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the Planning Department at the Temecula Civic Center, (951) 694-6400. ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING November 1, 2012 1:30 P.M. TEMECULA CITY HALL Great Oak Conference Room 41000 Main Street Temecula, CA 92590 CALL TO ORDER: Stuart Fisk, Senior Planner PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Director of Development Services on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Planning Director about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Planning Director. When you are called to speak, please come forward and state your name and address. Item No. 1 Project Number: Project Type: Project Title: Applicant: Project Description: Location: Environmental Action: Project Planner: ACTION: 1:30 p.m. PA 12-0109 Conditional Use Permit Jesus Love Korean Church Young Jo on behalf of Jesus Love Korean Church A Minor Conditional Use Permit to allow a church to operate within an existing industrial structure 27286 Via Industria Section 15301, Class 1 Existing Facilities Eric Jones APPROVED NOTICE TO THE PUBLIC The agenda packet (including staff reports) will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 PM the Friday before the Director's Hearing. At that time, the agenda packet may also be accessed on the City's website — www.cityoftemecula.orq— and will be available for public viewing at the respective meeting. Supplemental material received after the posting of the Agenda Any supplemental material distributed regarding any item on the agenda, after the posting of the agenda, will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula, 8:00 AM — 5:00 PM). In addition, such material may be accessed on the City's website — www.cityoftemecula.orq — and will be available for public viewing at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the Planning Department at the Temecula Civic Center, (951) 694-6400. ELECT 2013 CHAIR AND VICE CHAIR DATE OF MEETING: PREPARED BY: PROJECT SUMMARY: RECOMMENDATION: CEQA: STAFF REPORT— PLANNING CITY OF TEMECULA PLANNING COMMISSION December 19, 2012 Matt Peters, Associate Planner Planning Application No. PA12-0211, a Conditional Use Permit Modification and Finding of Public Convenience or Necessity for the Temecula Wine and Beer Garden to upgrade their ABC liquor license to a Type 48, On Sale General - Public Premises, which authorizes the sale of beer, wine and distilled spirits at 28464 Old Town Front Street Related Cases — PA97-0274 (CUP) and PA07-0176 (Development Plan) Approve with Conditions Categorically Exempt Section 15301, Class 1 Existing Facilities PROJECT DATA SUMMARY Name of Applicant: General Plan Designation: Zoning Designation: Existing Conditions/ Land Use: Site: North: South: East: West: Michael Wagner SPI — Specific Plan Implementation SP -5, Old Town Specific Plan (Downtown Core) Wine and Beer Garden Retail Shopping Center Soro's Mediterranean Grill Greyhound Bus Stop and City Parking Lot Chaparral Center Existing Min/Max Allowable or Required Lot Area: 0.37 Acres N/A for existing legal lots Total Floor Area/Ratio: N/A N/A Landscape Area/Coverage: N/A N/A Parking Required/Provided: N/A N/A 1 BACKGROUND SUMMARY On October 31, 2012, Michael Wagner submitted Planning Application No. PA12-0211. The application will amend the existing Conditional Use Permit (PA97-0274) in order to allow the Temecula Wine and Beer Garden to obtain a Type 48 Alcohol License from the California Department of Alcoholic Beverage Control (ABC). The Type 48 Alcohol License will allow the addition of distilled spirits to the Temecula Wine and Beer Garden's current selection of beer and wine only. Also, the Temecula Wine and Beer Garden provides live entertainment consistent with the previously approved Conditional Use Permit. No changes to the provision of live entertainment are proposed. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS The applicant intends to obtain a Type 48 ABC License (On -Sale General for Public Premises). The license will allow for the sale and consumption of beer, wine, and distilled spirits. Food service is not required with a Type 48 liquor license. However, the project has been conditioned for food service to be made available to patrons by offering menus from local restaurants for delivery (Condition PL -14). According to the Old Town Specific Plan, distilled alcoholic beverage sales at "Bars, Cocktail Lounges, and Nigh Clubs" require the approval of a Minor Conditional Use Permit. The Temecula Wine and Beer Garden is located in Tract 512, which ABC considers "over - concentrated" with on -sale licenses. Per ABC, two on -sale licenses are allowed per tract, and 59 currently exist. Therefore, the City of Temecula is required to make a Finding of Public Convenience or Necessity. The Old Town/Downtown area in Temecula has been planned and designed as a lively mixed use district containing a balance of residential uses constructed amongst specialty retail shops, restaurants and dining opportunities, small scale boutiques and up -scale entertainment oriented uses. Since 1999, the Temecula Wine and Beer Garden has provided a relaxed, outdoor atmosphere consistent with the vision for Old Town. This application is associated with two previously approved applications. Planning Application No. PA97-0274, a Conditional Use Permit for on-site serving of beer and wine, selling wine bottles to be carried out, and providing entertainment in an outdoor pub was approved on September 11, 1999. Planning Application No. PAO7-0176, a Development Plan for the existing Stage Stop Complex for the addition of a 5,246 square foot office building over the existing bus bays, a 3,328 square foot second floor expansion over the existing Wine & Beer Garden, and associated flat work improvements to include a new trash enclosure, fire pit, and storage room was approved on November 7, 2007. No changes to the previously approved CUP or Development Plan are proposed, except for the addition of selling distilled spirits. The hours of operation will remain 6 a.m. to 2 a.m. and live entertainment is permitted: 6:00 PM to 9:00 PM on Thursdays; 6:00 PM to 11:00 PM on Fridays; 12:00 PM Noon to 11:00 PM on Saturdays; and 12:00 PM to 8:00 PM on Sundays and Holidays 2 LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on November 6, 2012 and mailed to the property owners within the required 600 -foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1 Existing Facilities). The application will allow the Temecula Wine and Beer Garden to obtain a Type 48 ABC liquor license and continue to provide live outdoor entertainment. The Type 48 liquor license will allow for the consumption of beer, wine, and distilled spirits from an existing structure. FINDINGS Conditional Use Permit (Section 17.04.010) The proposed conditional use is consistent with the General Plan and the Development Code. The use will allow the Temecula Wine and Beer Garden to pursue a Type 48 ABC liquor license. Per the Old Town Specific Plan and City of Temecula Development Code (Table 17.10.020), bars, cocktail lounges and night clubs, require the approval of a Minor Conditional Use Permit. A Type 48 license is typical for downtown entertainment districts and will be consistent with the vision and mix of uses anticipated in the Old Town Specific Plan. The Old Town Specific Plan also requires the approval of a Minor Conditional Use Permit for live entertainment, which was previously approved for this establishment. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The application will allow for a Type 48 ABC liquor license. Establishments in downtown mixed use entertainment districts commonly pursue Type 48 Licenses from ABC as a way to offer their customers a wider selection of beverage choices and the Old Town Specific Plan allows for these types of uses upon approval of a Conditional Use Permit. As conditioned, the use will continue to be compatible with the nature, condition and development of the adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The application will allow for a Type 48 ABC liquor license at an existing establishment. The site will remain adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The Temecula Wine and Beer Garden 3 already has an approved Condition Use Permit for the sale of beer and wine, and live outdoor entertainment. The sale of distilled spirits does not impact any of the site requirements. The Project has been reviewed and condition by the Temecula Police Department to ensure that the use is integrated with the other uses in the neighborhood. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project has been reviewed by all City Departments and meets all requirements of 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. 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 the conditional use is based on substantial evidence in view of the record as a whole before the Planning Commission. Finding of Public Convenience or Necessity (Section 97.90.020) Whether or not the proposed use is consistent with the General Plan and Development Code. The use will allow the Temecula Wine and Beer Garden to upgrade to a Type 48 ABC liquor license to add the sale of distilled spirits. Per the Old Town Specific Plan and City of Temecula Development Code (Table 17.10.020), bars, cocktail lounges and night clubs, require the approval of a Minor Conditional Use Permit. A Type 48 license is typical for downtown entertainment districts and will be consistent with the vision and mix of uses anticipated in the Old Town Specific Plan. Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses. The application will allow for an upgrade of existing to a Type 48 ABC liquor license to add the sale of distilled spirits. Establishments in downtown mixed use entertainment districts commonly pursue Type 48 Licenses from ABC as a way to offer their customers a wider selection of beverage choices and the Old Town Specific Plan allows for these types of uses upon approval of a Conditional Use Permit. As conditioned, the use will be compatible with the nature, condition and development of the adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. Whether or not the proposed use would have an adverse effect on adjacent land uses. The application will allow for an upgrade of existing to a Type 48 ABC liquor license to add the sale of distilled spirits. The site will remain adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. 4 The Temecula Wine and Beer Garden already has an approved Condition Use Permit for the sale of beer and wine, and live outdoor entertainment. The addition of the sale of distilled spirits does not impact any of the site requirements. The Project has been reviewed and condition by the Temecula Police Department to ensure that the use is integrated with the other uses in the neighborhood. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity. The Temecula Wine and Beer Garden is located 1n Census Tract 512, which ABC considers "over -concentrated" with on -sale licenses. Per ABC, two on -sale licenses are allowed per tract, and 59 currently exist. Therefore, the City of Temecula is required to make a Finding of Public Convenience or Necessity. The Old Town/Downtown area in Temecula has been planned and designed as a lively mixed use district containing a balance of residential uses constructed amongst specialty retail shops, restaurants and dining opportunities, small scale boutiques and up -scale entertainment oriented uses. Since 1999, the Temecula Wine and Beer Garden has provided a relaxed, outdoor atmosphere consistent with the vision for Old Town. ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A — Draft Conditions of Approval Statement of Operations and Justification Notice of Public Hearing 5 \N Project Site • 40 • 0 100 200 400 Feet PROJECT INFORMATION ■.. „ PROJECT DBSCRIP ION PMw, MC MO M • Kew GILL •11i 1 0/0.0 IMMO N7110MAUD MUMMcM 5 m.M 0D—MI— MM. n am Ce 1111 NM Ca lialk MIMI rim.. row MX OPO IK ,, Ia.e man al Mt ..1 • Reei.t•t• • IVAI4 �11q/Ir q man. RSL,. ISOMOCSIS room• mOk 00111 Mt Mr0�1 tl oWei w ea. MO 0.0M ma 000.1mlaao • ��� a.mm moa.•..i.. asOw r a�0♦��•.• WON,,,,,. Mk CY 1m M Mr IRMA a is CODES Mks Imo Omm 0m0 CM 0110 cm 10. \ \ \ �.` Pk4 mum= to Pa mesa 0 MEI M , ,1 m1�1■m0 f naa■riarIJls aq(n4 maa CUM a.ma ma "*""'a Mk aus.Ia as rua \ VICINITY PIAN M : rilli 1.11"irrall . ---•--IaWIflNAIEA MCI*.,. NOM IMS CI* PAINS+&MIND TO N. PARK/40IMMC®t mPtINO CAMAS Nanm tttt tttt•♦• Ile 1.,+,+,+,.,..+,+,+ '.••.�i�iO•.•.•�i •iii• P ACCESS AND PLANING I .,+.BULDPA3 +,.,.• 0++••+...+ • ►+,+,.,.,.,+,.,+,.,.,.+,.• ,+�, rL�:is*i , < 1 ■ • . • • • C D • a *����e+���.'• •% PAID--- ,r,- Z• • am •'. i •••“ wak. I !' a 1111 L..•a`a•�•i_.._.._.._.._.._. FRCP. ttE OLD TOWN FRONT STREET SITE PLAN6. s v.,.. NSR. OIa Imoa ^ arar+.o calm noamw CMM i asr a. m..o.a i W. DEAN DAVIDSON �� PLAN Imlta.a. IMII MROam■IO 151101 ' �"I"�"1,P"�.,� �• a ARCHiECT—CTAP 30808 tuEDRBiAt�EAN GRIL!_ P-1 a naOr OR M 747P104100rOW IMMO CLu M.I/AHI) 1 +'1c1• M+M[ MIJ16100P 111010 11NolLWALPOI 7litLA WIORMINPp PC RESOLUTION NO. 12- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA12-0211, A CONDITIONAL USE PERMIT MODIFICATION AND FINDING OF PUBLIC CONVENIENCE OR NECESSITY FOR THE TEMECULA WINE AND BEER GARDEN TO UPGRADE THEIR ABC LIQUOR LICENSE TO A TYPE 48, ON SALE GENERAL - PUBLIC PREMISES, WHICH AUTHORIZES THE SALE OF BEER, WINE AND DISTILLED SPIRITS AT 28464 OLD TOWN FRONT STREET (APN 922-023-022) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On August 13, 1997, Ed Dool filed Planning Application No. PA97-0274, a Conditional Use Permit Application in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered and approved the Application and environmental review on September 11, 1999 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. On October 31, 2012, Michael Wagner filed Planning Application No. PA12-0211, a Conditional Use Permit Modification Application in a manner in accord with the City of Temecula General Plan and Development Code. E. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. F. The Planning Commission, at a regular meeting, considered the Application and environmental review on December 19, 2012, 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. G. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA12-0211 subject to and based upon the findings set forth hereunder. H. 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: 1 Minor Conditional Use Permit, Development Code Section 17.04.010 A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The use will allow the Temecula Wine and Beer Garden to pursue a Type 48 ABC liquor license. Per the Old Town Specific Plan and City of Temecula Development Code (Table 17.10.020), bars, cocktail lounges and night clubs, require the approval of a Minor Conditional Use Permit. A Type 48 license is typical for downtown entertainment districts and will be consistent with the vision and mix of uses anticipated in the Old Town Specific Plan. The Old Town Specific Plan also requires the approval of a Minor Conditional Use Permit for live entertainment, which was previously approved for this establishment. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures; The application will allow for a Type 48 ABC liquor license. Establishments in downtown mixed use entertainment districts commonly pursue Type 48 Licenses from ABC as a way to offer their customers a wider selection of beverage choices and the Old Town Specific Plan allows for these types of uses upon approval of a Conditional Use Permit. As conditioned, the use will continue to be compatible with the nature, condition and development of the 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 48 ABC liquor license at an existing establishment. The site will remain adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The Temecula Wine and Beer Garden already has an approved Condition Use Permit for the sale of beer and wine, and live outdoor entertainment. The sale of distilled spirits does not impact any of the site requirements. The Project has been reviewed and condition by the Temecula Police Department to ensure that the use is integrated with the 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; 2 The project meets all requirements of Development Code and General Plan which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. E. That the decision to conditionally approve or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal; The decision to conditionally approve the application for the conditional use is based on substantial evidence in view of the record as a whole before the Planning Commission. Finding of Public Convenience or Necessity (Section 17.10.020) A. Whether or not the proposed use is consistent with the General Plan and Development Code; The use will allow the Temecula Wine and Beer Garden to upgrade to a Type 48 ABC liquor license and add the sale of distilled spirits. Per the Old Town Specific Plan and City of Temecula Development Code (Table 17.10.020), bars, cocktail lounges and night clubs, require the approval of a Minor Conditional Use Permit. A Type 48 license is typical for downtown entertainment districts and will be consistent with the vision and mix of uses anticipated in the Old Town Specific Plan. B. Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses; The application will allow for an upgrade of existing to a Type 48 ABC liquor license to add the sale of distilled spirits. Establishments in downtown mixed use entertainment districts commonly pursue Type 48 Licenses from ABC as a way to offer their customers a wider selection of beverage choices and the Old Town Specific Plan allows for these types of uses upon approval of a Conditional Use Permit. As conditioned, the use will be compatible with the nature, condition and development of the 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; The application will allow for an upgrade of existing to a Type 48 ABC liquor license to add the sale of distilled spirits. The site will remain adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or City 3 Council in order to integrate the use with other uses in the neighborhood. The Temecula Wine and Beer Garden already has an approved Condition Use Permit for the sale of beer and wine, and live outdoor entertainment. The addition of the sale of distilled spirits does not impact any of the site requirements. The Project has been reviewed and condition by the Temecula Police Department to ensure that the use is integrated with the other uses in the neighborhood. D. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity; The Temecula Wine and Beer Garden is located in Census Tract 512, which ABC considers "over -concentrated" with on -sale licenses. Per ABC, two on -sale licenses are allowed per tract, and 59 currently exist. Therefore, the City of Temecula is required to make a Finding of Public Convenience or Necessity. The Old Town/Downtown area in Temecula has been planned and designed as a lively mixed use district containing a balance of residential uses constructed amongst specialty retail shops, restaurants and dining opportunities, small scale boutiques and up -scale entertainment oriented uses. Since 1999, the Temecula Wine and Beer Garden has provided a relaxed, outdoor atmosphere consistent with the vision for Old Town. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1 Existing Facilities); The application will allow the Temecula Wine and Beer Garden to upgrade their existing ABC license to a Type 48 ABC liquor license to add the sale of distilled spirits. The Type 48 liquor license will allow for the consumption of beer, wine, and distilled spirits from an existing structure. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA12-0211, a Conditional Use Permit Modification and Finding of Public Convenience and Necessity for the Temecula Wine and Beer Garden to upgrade their liquor license to a Type 48, On Sale General - Public Premises, which authorizes the sale of beer, wine and distilled spirits (food service is not required) at 28464 Old Town Front Street. 4 Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 19th day of December, 2012. Ron Guerriero, Chairman ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 12- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 19th day of December, 2012, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary 5 EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA12-0211 Project Description: Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Quimby Category: Approval Date: Expiration Date: PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project A Conditional Use Permit Modification and Finding of Public Convenience or Necessity for the Temecula Wine and Beer Garden to upgrade their ABC liquor license to a Type 48, On Sale General - Public Premises, which authorizes the sale of beer, wine and distilled spirits (food service is not required) at 28464 Old Town Front Street 922-023-022 NA (No New Square Footage/Grading) NA (No New Square Footage) NA (No New Square Footage) Exempt (Non -Residential) December 19, 2012 December 19, 2014 PL -1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty -Four Dollars ($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 1 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 dated October 31, 2012 on file with the Planning Department, unless superseded by these Conditions of Approval. PL -9. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (951-676-5090). PL -10. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL -11. The City, its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission and City Council is in addition to, and not in - lieu of, the right of the City, its Planning Director, Planning Commission, and City 2 Council to review, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. PL -12. The Applicant shall comply with all underlying Conditions of Approval for PA97-0274, CUP and PA07-0176, Development Plan unless superseded by these conditions of approval. PL -13. Uniformed security shall be provided between 9 pm and close of business on Thursday, Friday, Saturday, Sunday and Holidays. Uniformed security shall also be provided whenever live entertainment is provided. PL -14. Food service shall be made available to patrons by offering menus from local restaurants for delivery. OUTSIDE AGENCIES PL -15. The applicant shall comply with the attached letter dated, November 26, 2012 from the Department of Environmental Health POLICE DEPARTMENT General Requirements PD -1. Applicant has applied for a Type 48 (On Sale General, bar/night club) license, which authorizes the sale of beer, wine and distilled spirits for consumption on the premises where sold and authorizes the sale of beer and wine for consumption off the premises where sold. Minors are not allowed to enter and remain (see section 25663.5 Business and Professions code, for exceptions for musicians). PD -2. Applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. PD -3. Applicant must have current LEAD training either given by the Department of Alcoholic Beverage Control, or an ABC certified equivalent course. PD -4. Applicant shall ensure that no alcohol is sold to, possessed or consumed by any person under the age of 21. PD -5. Identification will be verified utilizing one of the following: (a) valid California driver's license; (b) valid California identification card; (c) valid military identification card (active/reserve/retired/dependent); (d) valid driver's license from any of the 50 States or Territories of the United States; (e) valid U.S. Passport; (f) valid government issued identification card issued by a Federal, State, County or City agency. PD -6. As noted above, only a valid government issued identification card issued by a Federal, State, County or City agency is acceptable, providing it complies with Section 25660 of the Business and Profession Code (B&P), which includes the following requirements: (a) name of person; (b) date of birth; (c) physical description; (d) photograph; (e) currently valid (not expired). It is the responsibility of the business owner and any 3 person who serves or sells alcohol to be aware of current laws and regulations pertaining to alcoholic beverages. PD -7. Sections 24200.5 (b) and 25657 (a) (b) B&P; Rule 143 CCR: Section 303 (a) (PC): On - sale licensees may not: (a) employ hosts, hostesses, or entertainers who solicit others to buy them drinks, alcoholic or non-alcoholic; (b) pay or agree to pay such an employee a percentage of the receipts from the sales of drinks solicited; (c) permit any person whether an employee or not, to loiter for the purpose of soliciting an alcoholic drink. PD -8. 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 -9. Police officers, sheriff's deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at anytime during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer (Sections 25616, 25753, and 25755 B&P; 148 and 241 (b) PC). PD -10. Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off sale) that: (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc; and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution narcotics, etc. The licensed premises area includes the parking lot ( Sections 24200 (a) (B&P) and 25601 B&P; 316 PC). PD -11. Applicant shall ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages are trained in the proper procedures and identification checks. The Temecula Police Department provides free training for all employees involved in the service and sales of alcoholic beverages. It is the responsibility of the applicant to set up a training session for all new employees. Contact the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. PD -12. Events where entertainment is to be provided must abide bythe following rules: (1) No licensee shall permit any person to perform acts of, or acts which simulate; (a) sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law; (b) the touching, caressing or fondling of the breasts, buttocks, anus or genitals; (c) the displaying of the pubic hair, anus, vulva or genitals; and, (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the licensed premises who 4 exposes to public view any portion of his or her genitals or anus (Rule 143.3 CCR. Also violates Section 311.6 PC if conduct is "obscene". PD -13. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. 5 RIVERSIDE COUNTY COMMUNITY HEALTH AGENCY %DEPARTMENT_OF ENVIRONMENTAL HEALTH November 26, 2012 City of Temecula Planning Department Attn: Matthew Peters, Project Planner P.O. Box 9033 Temecula, CA 92589 SUBJECT: PA#12-0211 — WINE AND BEER GARDEN MINOR CUP (TYPE 48) (ASSESSORS PARCEL NUMBER#922-023-022) Dear Mr. Peters: The Minor Conditional Use Permit (CUP) application is seeking to authorize a Type 48 liquor license for the Wine and Beer Garden located at 28464 Old Town Front Street, Temecula, CA 92592. Although the proposed food facility operations fall under the jurisdiction of the Department of Environmental Health (DEH), the State of California, Department of Alcoholic Beverage Control (ABC) shall determine whether this facility meets their Type 48 liquor license requirements. Notwithstanding ABC's determination, this facility shall comply with the following: POTABLE WATER AND SANITARY SEWER SERVICE The site where this facility is located at is currently connected to Rancho California Water District (RCWD) potable water service and Eastern Municipal Water District (EMWD) sanitary sewer service. It is the responsibility of this facility to ensure that all requirements to continue receiving potable water and sanitary sewer service are met with the water and sewer purveyor, as well as, all other applicable agencies. Please note that the sewer purveyor, EMWD, shall be the responsible agency to determine all grease interceptor requirements, including sizing capacity and other structural specifications. Matthew Peters, Project Planner City of Temecula, Planning Department November 26, 2012 DISTRICT ENVIRONMENTAL SERVICES This facility shall be required to contact DEH District Environmental Services to determine the appropriate permitting requirements for any proposed public or semi-public food operations. For further information, please call (951) 461-0284. County of Riverside, Department of Environmental Health District Environmental Services - Murrieta Office 38740 Sky Canyon Drive, Suite "A" Murrieta CA 92563 HAZARDOUS MATERIALS MANAGEMENT BRANCH (HMMB): The facility shall be required to contact DEH Hazardous Materials Management Branch (HMMB) to determine the appropriate permitting requirements for any proposed use and/or storage of hazardous materials including Compressed Air CO2 tanks (if applicable). For further information, please contact HMMB at (951) 461-0284. Should you have any questions regarding this letter, please contact me by phone at (951) 955-8980. Michael Mistica, MBA, REHS Environmental Protection and Oversight Division Land Use and Water Resources Program Environmental Resources Management Division • Land Use/Water Engineering Program 4080 Lemon St., 2"d Floor, Riverside. CA 92501 • (951) 955-8982 • FAX (951) 781-9653 38686 El Cerrito Rd., Palm Desert, CA 92211 • (760) 393-3390 • FAX (760) 863-7013 r7 ac- agelVe/0 :2)/441/7/441sLt ,a/t/..tez Z.00 -1)-S' 4/6' /4#77' 441 -Sit' g/E'40e/X) Ez-4"") /4/ '0V e2.e/7-4)22./e .e2S yl94tkv6. a'ae/a /17i 92 iivo/eg 4!#c-- /e477z;Al ove6„-c Ati_c 27cke:74.76- ,s %d/L 2;rip.f.L) _‘Ars ZeD_ 4,.arvr _ 707-e/,5 _l'ed2g/27).:21d.PS_=__Str-ej .A2.&• 1414t. .2992a/G) RZZ-- 17.7,e<Mt 6T4C/:7-S- 45770til 04.f OCT -3 4 2412 AZ/c_Z;g&ce__C.2 Ziei lA � iNi6 _e c./6i 2/ �f �5 /r'c5a27- 5 °A) L•4_ � /=ter sr 6 S'r-DtS2-gfe-r" ./1----;</(5.27"/G 60z-42,4-1-/466<_ eix,42.);,va NUJ 2457kzy- oar/ .;7— Case No: Applicant: Proposal: Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: PA 12-0211 Michael Wagner A Minor Conditional Use Permit and Finding of Public Convenience or Necessity for the Temecula Wine and Beer Garden to upgrade their ABC liquor license to a Type 48, On Sale General -Public Premises, which authorizes the sale of beer, wine and distilled spirits (food service is not required) at 28464 Old Town Front Street (APN 922-023-022) In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15301, Class 1, Existing Facilities) Matt Peters, (951) 694-6408 City of Temecula, Council Chambers December 19, 2012 6:00 p.m. No / 100 Project Site 200 400 Feet The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the City's website — www.cityoftemecula.org. Any Supplemental Material distributed to a majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m.). In addition, such material will be made available on the City's website — www.cityoftemecula.org — and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please call the Planning Department, (951) 694-6400