HomeMy WebLinkAbout13-020 PC Resolution PC RESOLUTION NO. 13-20
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA13-0028, A MINOR CONDITIONAL
USE PERMIT FOR GARAGE BREWING COMPANY AND
PIZZERIA TO ALLOW FOR A TYPE 23 (SMALL BEER
MANUFACTURER — BREW PUB OR MICRO-BREWERY)
ABC LICENSE TO OPERATE AS AN ANCILLARY USE
TO THE PROPOSED GARAGE BREWING COMPANY &
PIZZERIA RESTAURANT, A BONA FIDE EATING
ESTABLISHMENT, TO BE LOCATED AT 29095 OLD
TOWN FRONT STREET (APN 922-110-031)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On February 11, 2013 Louis Kashmere filed Planning Application No.
PA13-0028, 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. PA13-0028 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;
The proposed conditional use is consistent with the General Plan and the
Development Code. The proposed Minor Conditional Use Permit is intended to
allow for a small beer manufacturer (brew pub) with incidental retail and tastings.
The business is located in the Highway Tourist Zone that permits restaurants
with beer and wine sa/es. A Type 23 ABC license is typical for brewpubs and will
be consistent with General Plan and Development Code policies.
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 proposed brewpub and tasting room will be located within a restaurant
building. The proposed application has been reviewed to ensure it is compatible
with the nature, condition and development of adjacent uses, buildings and
structures. Further, the proposed conditional use has been determined to 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 23 ABC license at a proposed restaurant.
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.
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.
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 Garage Brewing Company & Pizzeria restaurant
to obtain a Type 23 (Small Beer Manufacturer — Beer Pub or Micro-
brewery) ABC license to operate as an ancillary use in conjunction with
the serving of inea/s and nonalcoholic drinks. The proposed project will
be within an existing building and involves minor tenant and building
facade improvements. These improvements will not result in the creation
of any new square footage to the structure.
Section 4. Conditions. The Planning Commission of the City of Temecula
approves Planning Application. No. PA13-0024, a Minor Conditional Use Permit for
Garage Brewing Company and Pizzeria to allow for a Type 23 (Small Beer
Manufacturer — Beer Pub or Micro-brewery) ABC license to operate as an ancillary use
to the proposed Garage Brewing Company & Pizzeria restaurant to be located at 29095
Old Town Front Street, subject to the Conditions of Approval set forth on Exhibit A,
attached hereto, and incorporated herein by this reference.
Section 1. 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 �ALIFORNIA )
COUNTI�' OF RIVERSIDE )ss
CITY OF TEMECULA )
I,� Patrick Richardson, Secretary of the Temecula Planning Commission, do
hereby certify that the forgoing PC Resolution No. 13-20 was duly and regularly
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the 1 day of May, 2013, by the following vote:
AYES: 4 PLANNING COMMISSIONERS: Carey, Guerriero, Kight, Telesio
NOES: 0 PLANNING COMMISSIONERS: None
ABSENT: 1 PLAIVNING COMMISSIONERS: Harter
ABSTAIN: 0 PLANNING COMMISSIONERS: None
Patrick Richardson, Secretary
EXHIBIT A
CONDITIONS OF APPROVAL
EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA13-0028
Project Description: A Minor Conditional Use Permit for Garage Brewing Company and
Pizzeria to allow for a Type 23 (Small Beer Manufacturer - Brew
Pub or Micro-brewery) ABC license to operate as an ancillary use
� to the proposed new Garage Brewing Company & Pizzeria
restaurant to be located at 29095 Old Town Front
Assessor's Parcel No.: 922-110-031
MSHCP Category: NA (No New Square Footage/Grading)
DIF Category: NA (No New Square Footage)
TUMF Category: NA (No New Square Footage)
3
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 applicanUdeveloper shall deliver to the Planning Department a cashier's check
or money order made payable to the County Clerk in the amount of Fifty Dollars
($50.00) for the County administrative fee, to enable the City to file the Notice of
Exemption as provided under Public Resources Code Section 21152 and California
Code of Regulations Section 15062. If within said 48-hour period the applicant/
developer has not delivered to the Planning 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, upori 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 November
6, 2012, on file with the Planning Department, unless superseded by these
Conditions of Approval. Hours of Operation shall be 11 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. 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-12. The City, its Planning Director, Flanning 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 an�y 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.
POLICE DEPARTMENT �
General Requirements
PD-1. Applicant has applied for a Type 23 (Small Beer Manufacturer-Brew Pub or Micro-
Brewery) ABC. liquor license. This license authorizes the same privileges and
restrictions as a Type 01.
(A Type 01 license "Authorizes the sale of beer to any person holding a license
authorizing the sale of beer, and to consumers for consumption on or off the
manufacturer's licensed premises. Without any additional licenses, may sell beer
and wine, regardless of source, to consumers for consumption at a bona fide public
eating place on the manufacturer's licensed premises or at a bona fide eating place
contiguous to the manufacturer's license premises. May conduct beer tastings
under specified conditions (Section 23357.3). Minors are allowed on the
premises.°).
A brew pub 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. Applicant shall comply with Temecula Municipal Code Section 9.14.010,
Consumption of Alcoholic Beverages in Public Frohibited.
PD-2. Applicant is encouraged to complete a LEAD training either given by the
Department of Alcoholic Beverage Control, or an ABC certified equivalent course.
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. 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-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. 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 premises area includes the parking lot
(Sections 24200 (a) (B&P) and 25601 B&P; 316 PC).
PD-10. 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-11. Any questions regarding these conditions should be directed to the Temecula Police
Department Crime Prevention and Plans Unit at (951) 506-5132.
BUILDING AND SAFETY DEPARTMENT
No conditions
FIRE PREVENTION �,
No conditions '
PUBLIC WORKS DEPARTMENT
No conditions