HomeMy WebLinkAbout13-032 PC Resolution PC RESOLUTION NO. 13-32
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA13-0135, A MINOR CONDITIONAL
USE PERMIT TO ALLOW THE GIFTING GROUP TO
OBTAIN TYPE 9, 14, 17, AND 20 ABC LICENSES THAT
WILL AUTHORIZE THE SALE OF ALCOHOLIC
BEVERAGES IN GIFT BASKETS THAT WILL BE
, PACKAGED AT THEIR EXISTING FACILITY LOCATED
AT 42210 ZEVO DRIVE (APN 909-360-034)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On May 22, 2013, Greg A. Stringer, on behalf of Robert D. Lewis, filed
Planning Application No. PA13-0135, a Minor Conditional Use Permit Application in a
manner in accord with the City of Temecula General Plan and Development Code.
B. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the
Application and environmental review on July 17, 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. PA13-0135 subject to and based upon the findings set forth hereunder.
E. All legal preconditions to the adoption of the Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in approving the
Application hereby finds, determines and declares that:
Conditional Use Permit (Development Code Section 17.04.010)
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 Minor Condifional Use Permit will allow for the wholesale distribution of gift
baskets containing beer and wine. The City of Temecula Development Code
(Section 17.10.020.8.3) indicates that businesses selling alcohol must obtain a
Conditional Use Permif. The project therefore is consistent with the General Plan
and Development Code.
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 use is located within a Light Industrial (LI) zoning district. Wholesale uses
are common with L/ zones. Therefore the use is compatible with the nature,
condition and development of adjacent uses, buildings and structures and the
proposed conditional use will not adversely affect the adjacent uses, buildings or
structures:
C. The site for a proposed conditional use is adequate in size and shape to
accommodate the yards, walls, fences, parking and loading facilities, buffer areas,
landscaping, and other development features prescribed in the Development Code and
required by the Planning Commission or City Council in order to integrate the use with
other uses in the neighborhood;
The applicant has proposed no changes to the site or structure of the existing
business as part of the Conditional Use Permit application. 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 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 application has been reviewed and conditioned to ensure compliance with
the Building, Fire, and Development codes. These codes contain provisions
designed to provide for the public health, safety, and general welfare. No impact
to the public health, safety, or general welfare is anticipated.
E. That the decision to approve, conditionally approve, or deny the
application for a Conditional Use Permit be based on substantial evidence in view of the
record as a whole before the Planning Commission or City Council on appeal;
The decision to conditionally approve the application was 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
(15301, Class 1 Existing Facilities);
The Minor Conditional Use Permit will allow for a wholesale gift basket company
to offer customers the option of adding beer and wine with their gift baskets. The
applicant has proposed no changes to the existing structure or site as part of the
application. The Minor Conditional Use involves a negligible expansion of an
existing use.
Section 4. Conditions. The Planning Commission of the City of Temecula
approves Planning Application No. PA13-0135, a Minor Conditional Use Permit to allow
The Gifting Group to obtain Type 9, 14, 17 and 20 ABC licenses that will authorize the
sale of alcoholic beverages in gift baskets to be packaged at their existing facility
located at 42210 Zevo Drive, subject to the Conditions of Approval set forth on Exhibit
A, attached hereto, and incorporated herein by this reference.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 17th day of July, 2013.
� �
John Telesio, Chairman
ATTEST:
Patrick Richardson, Secretary
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I, Patrick Richardson, Secretary of the Temecula Planning Commission, do
hereby certify that the forgoing PC Resolution No. 13-32 was duly and regularly
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the 17th day of July 2013, by the following vote:
AYES: 4 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Telesio
NOES: 0 PLANNING COMMISSIONERS: None
ABSENT: 1 PLANNING COMMISSIONERS: Kight
ABSTAIN: 0 PLANNING COMMISSIONERS: None
Patrick Richardson, Secretary
CONDITIONS OF APPROVAL
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EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA13-0135
Project Description: A Minor Conditional Use Permit to allow The Gifting Group to obtain
Type 9, 14, 17 and 20 ABC licenses that will authorize the sale of
alcoholic beverages in gift baskets that will be packaged at their
existing facility located at 42210 Zevo Drive
Assessor's Parcel No.: 909-360-034
MSHCP Category: N/A (No New Square Footage/Grading)
DIF Category: • N/A (No New Square Footage)
TUMF Category: N/A (No New Square Footage)
�
Quimby Category: N/A (Non-Residential)
Approval Date: July 17, 2013
Expiration Date: July 17, 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)
fo�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 applicanU 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 Wildlife
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
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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 on May 22,
2013, on file with the Planning Department, unless superseded by these Conditions of
ApprovaL
PL-9. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's
Development Code.
PL-10. The City, its Planning Director, Planning Commission, and City Council retain and
reserve the right and jurisdiction to review and modify this Conditional Use Permit
(including the Conditions of Approval) based on changed circumstances. Changed
circumstances include, but are not limited to, the modification of business, a change in
scope, emphasis, size of nature of the business, and the expansion, alteration,
reconfiguration or change of use. The 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.
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OUTSIDE AGENCIES
PL-11. The applicant shall comply with the recommendations set forth by the County of
Riverside Department of Environmental Health's letter dated June 10, 2013.
POLICE DEPARTMENT
General Requirements
PD-1. Applicant has applied for a Type 9 ABC License (Beer&Wine Importer)this license is
only issued to a person who holds another type of license which permits the sale of
beer and wine for resale. This license has no sale privileges. It only permits the holder
to import and export alcoholic beverages and to transfer the beverages to him/herself
under another license (Section 23374). Type 14 ABC License (Public Warehouse)A
public warehouse license is required for a warehouseman who provides warehouse
� service for alcoholic beverage licensees. This is distinguished from private warehouse
permits, where a licensee has a leasehold or ownership interest and provides his/her
own help at a premises other than that where licensed. The Act defines a public
warehouse as "...any place licensed for the storage of, but not for sale of, alcohol, or
alcohol beverages, for the account of others licensees..." (Section 23036 and 23375).
A public warehouse is one of the types of premises to which imports may come to rest
(Section 23661). It is also one of the types of premises from which a distilled spirits
wholesaler may make deliveries if it is in the county where he/she is licensed(Section
23355.1). Type 17 ABC License (Beer& Wine wholesaler) The following pertains to
beer and wine wholesalers generally. This permits incidental sales to other supplier-
type licensees. However, to qualify as a bona fide wholesaler, a licensee must sell to
retailers generally (Section 23779). Type 20 ABC license (Off-Sale Beer & Wine)
package store-authorizes the sale of beer & wine for consurription off the premises
where sold, minors are allowed on the prernises.
PD-2. Applicant shall ensure that no alcohol is sold to, possessed or consumed by any person
under the age of 21.
PD-3. 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-4. 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.
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PD-S. 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-6. Any questions regarding these conditions should be directed to the Temecula Police
Department Crime Prevention and Plans Unit at (951) 506-5131. '
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