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HomeMy WebLinkAbout13-019 PC Resolution . PC RESOLUTION NO. 13-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO PA13-0050, A MINOR CONDITIONAL USE PERMIT FOR CANVAS AND CABERNET, AN ARTISTIC PAINTING AND ACRYLIC CANVAS CREATIONS ESTABLISHMENT, TO OPERATE UNDER A TYPE 42 (ON-SALE BEER AND WINE) ABC LICENSE � FOR THE SALE OF BEER AND WINE TO ART CLASS CUSTOMERS AT 39628 WINCHESTER ROAD, SUITE F (RANCHO TEMECULA TOWN CENTER) (APN 920-100- 038) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A: On March 5, 2013 Nicole Mosier filed Planning Application No. PA13- 0050, 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 the Application and environmental review on May 1, 2013, 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. PA13-0050 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, 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; As proposed, Canvas and Cabernet will operate as an artistic painting and acrylic canvas creations establishmenf with the primary purpose of offering artistic painting and acrylic canvas creation c/ass sessions to their customers: The service of beer and wine would serve as an incidental use to the establishment operations. The proposed use is consistent with the City of Temecula General G:\PLANNING�2013\PA13-0050 Canvas and Cabernet CUP\Planning\PLANNING COMMISSION\Pc resolution no.docx Plan which specifies that the Community Commercial (CC) designation includes retail, professional office, and service oriented business activities serving the entire community. The Canvas and Cabernet is proposed within an existing shopping center. The sa/e of alcohol is an incidental use to the establishment. Development Code Section 17.10.020.8.2 allows for the incidental sale of alcoholic beverages in conjunction with an otherwise allowable use as a conditionally permitted use. 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; Canvas and Cabernet is proposed in an existing building suite in a shopping center within the Community Commercial zone. 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 facilifies, 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 42 ABC license at an existing building suite location. 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 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; The project meets 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. 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. • G:\PLANNING�2013\PA13-0050 Canvas and Cabernet CUP\Planning\PLANNING COMMISSION\Pc resolution no.docx Findings of Public Convenience or Necessity (Development Code Section 17.10.020.B.5) F. Is the proposed use consistent with the General Plan and the Development Code? � As proposed, Canvas and Cabernet will operate as an artistic painting and acrylic canvas creations establishment with the primary purpose of offering artistic painting and acrylic canvas creation c/ass sessions to their customers. The ' proposed use is consistent with the City of Temecula General Plan which specifies that the Community Commercial (CC) designation includes retail, professional office, and service oriented business activities serving the entire community. Canvas and Cabernet is proposed within an existing shopping center. The sale of a/coho/ is an incidental use to the establishment. Development Code Section 17:10.020.8.2 allows for the incidental sale of alcoholic beverages in conjunction with an otherwise allowable use as a conditionally permitted use. G. Is the proposed use compatible with the nature, condition and character of the adjacent land uses: Canvas and Cabernet is proposed in an existing building suite in a shopping center within the Community Commercial Zone. This center includes Beverages and More Super Retail Store, Kick N Wings Restaurant, Pho 777 Express Restaurant, Rodrigo's Mexican Grill, Navy Federal Credit Union Bank, LA Fitness Gymnasium, and other retail and restaurant uses. The incidental sa/e of beer and wine at the establishment is compatible with the nature, condition and character of adjacent land uses. H. Will the proposed use have an adverse affect on adjacent land uses? It is not anticipated that the proposed use will have an adverse affect on adjacent land uses, as all of the adjacent land uses are primarily commercial retail type uses, and the proposed project is anticipated to add to the convenience and diversity of uses located within the center. I. Would the proposed use result in an excessive number of similar establishments in close proximity? With regard to the over concentration of existing licenses in the census tract, three licenses are allowed before Census Tract 0432.17 is considered to be over-concentrated by ABC's standards. Eight licenses currently exist for three restaurants, two grocery stores, two licenses for Beverages and More Super � Retail Store, and one at Rite Aid. These businesses are all assembled in the existing commercial center located off Winchester Road and Nicolas Road. A ninth license (for Canvas and Cabernet) in the census tract for on-sale beer and G:\PLANNING�2013\PA13-0050 Canvas and Cabernet CUP\Planning\PLANNING COMMISSION\Pc resolution no.docx wine at the establishment would not result in an excessive number of similar establishments in close proximity. 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 request for a Minor Conditional Use Permit and Finding of Public Convenience or, Necessity for a Type 42 (On-sa/e Beer and Wine) at the proposed Canvas and Cabernet will be conducted in an existing building suite in a developed retail sliopping center. All access and public utilities are available to the site. The proposed use, with issuance of a Conditional Use Permit, is in conformance with all zoning requirements of the Development Code. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA13-0050, a Minor Conditional Use Permit for Canvas and Cabernet, an artistic painting and acrylic canvas creations establishment, to operate under a Type 42 (on-sale beer and wine) ABC license for the sale of beer and wine to art class customers at 39628 Winchester Road, Suite F(Rancho Temecula Town Center), subject to the Conditions of Approval set forth on Exhibi# A, attached hereto, and incorporated herein by this reference. G:\PLANNING�2013\PA13-0050 Canvas and Cabernet CUP\Planning\PLANNING COMMISSION\Pc resolution no.docx ' Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 1 day of May, 2013. , John Telesio, Chairman ATTEST: Patrick Richardson, Secretary [SEAL] � STATE OF ) 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. 13-19 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 May, 2013, by the following vote: AYES: 3 PLANNING COMMISSIONERS: Carey, Kight Telesio NOES: 1 PLANNING COMMISSIONERS: Guerriero ABSENT: 1 PLANNING COMMISSIONERS: Harter ABSTAIN: 0 PLANNING COMMISSIONERS: None . Patrick Richardson, Secretary G:\PLANNING�2013\PA13-0050 Canvas and Cabernet CUP\Planning\PLANNING COMMISSION\Pc resolution no.docx EXHIBIT A CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA13-0050 Project Description: A Minor Conditional Use Permit for Canvas and Cabernet, an artistic painting and acrylic canvas creations establishment, to operate under a Type 42 (on-sale beer and wine) ABC license for the sale of beer and wine to art class customers at 39628 Winchester Road, Suite F(Rancho Temecula Town Center) Assessor's Parcel No.: 920-100-038 MSHCP Category: NA (No New Square Footage/Grading) DIF Category: NA (No New Square Footage) TUMF Category: NA (No New Square Footage) Quimby Category: Exempt (Non-Residential) _ Approval Date: May 1, 2013 Expiration Date: May 1, 2015 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project �� PL-1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made pa.yable to the County Clerk in the amount of Fifty Dollars ($50.00) for the County administrative fee, to enable the City to file the Notice of , Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/ developer has not delivered to the Planning 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 March 5, 2013, on file with the Planning Department, unless superseded by these Conditions of Approval. Hours of Operation shall be 10 a.m. to 10 p.m. daily. 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 sale of beer and wine for on-site consumption shall be limited only to customers participating in artistic painting and acrylic canvas class sessions or customers who have purchased a canvas to painf at the business. PL-12. No live entertainment is permitted as part of this Conditional Use Permit application. Any proposed live entertainment would require amendment to the approved Conditional Use Permit or approval of a Temporary Use Permit in conformance with the Development Code. PL-13. 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 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-14. 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 BUILDING AND SAFETY DEPARTMENT General Conditions B-1. Final Building and Safety conditions will be addressed when building plans are , reviewed and submitted to Building and Safety. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are in force at the time of building plan submittal. B-2. All design components shall comply with applicable provisions of the 2010 edition of the California Building, Plumbing and Mechanical Codes; 2010 California Electrical Code; California Administrative Code,2010 California Energy Codes, 2010 California Green building Standards, California Title 24 Disabled Access Regulations, Temecula Municipal Code. B-3. Indicate on plans locafion of disabled parking. B-4. Provide disabled access from the public way to the main entrance of the building. B-5. Provide van accessible parking located as close as possible to the main entry. B-6. Obtain all building plans and permit approvals prior to commencement of any construction work. At Plan Review Submittal B-7. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. B-8. Where food or drink is served at counters exceeding 34" in height for consumption by customers seated or standing at the counter, a portion of the counter which is 60" in length must be provided for persons with disabilities. Section 11046.4, 1122B.3, and 1122B.5.4 of the 2010 CBC. Prior to Issuance of Building Permit(s) B-9. Provide appropriate stamp of a registered professional with original signature on plans. 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. Fire sprinkler plans May be required and 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 must be submitted prior to the issuance of building permit. F=3. Fire alarm plans may be required shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. Prior to Issuance of Certificate of Occupancy . F-4. A"Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC � Chapter 5). POLICE DEPARTMENT General Requirements PD-1. Applicant has applied for a Type 42 License (On-Sale Beer & Wine — Bar, Tavern). A Type 42 license authorizes the sale of beer and wine for consumption on or off the premises where sold. No distilled spirits may be on the premises. Minors may not enter and remain except as provided in B&P Section 25663.5. Food Service is not required. PD-2. Applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. PD-3. Applicant shall ensure that no alcohol is sold to, possessed 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 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. PD-6. 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-7. 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-8. Events where entertainment is to be provided 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 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 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-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 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-10. Applicant will 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) 506-5131 to set up a training date. Training must be completed prior to the grand opening of this business and periodic updated training conducted when new employees/ management are hired. PD-11. Any public telephones located on the exterior of the building shall be placed in a well-lighted, highly visible area, and installed with a"call-out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the building. PD-12. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5131. PUBLIC WORKS DEPARTMENT No conditions