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HomeMy WebLinkAbout13-041 PC Resolution 7. PC RESOLUTION NO. 13-41 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA13-0165, A MODIFICATION TO A PREVIOUSLY APPROVED MINOR CONDITIONAL USE PERMIT FOR AFTERSHOCK BREWERY TO EXTEND THEIR OPERATING HOURS TO 1 P.M. TO 8 P.M. FROM THE PREVIOUSLY APPROVED 1 P.M. TO 6 P.M. AND TO RELOCATE THE BUSINESS TO A NEW SUITE WITHIN THE SAME CENTER LOCATED AT 28822 OLD TOWN FRONT STREET (APN 922-093-003) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On July 2, 2013 Marvin Nigh, on behalf of Aftershock Brewery, filed Planning Application No. PA13-0165, a Modification Application for a previously approved Minor Conditional Use Permit 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 October 16, 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. PA13-0165 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: Modifications, Development Code Section 17.05.030.E A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The proposed Minor Conditional Use Permit is intended to allow a brewery to provide tastings in conjunction with retail sales. The business is located in an area zoned Service Commercial. Retail uses are permitted within Service Commercial zones. Alcoholic uses are permitted when in conjunction with an allowable use upon approval of a Conditional Use Permit. 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 conditional use has been reviewed and appropriately conditioned by Building and Safety, Fire, and the Police Department to ensure it is compatible with the nature, condition, and development of adjacent uses, buildings and structures. Based on the provided Conditions of Approval, the 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; To ensure the use is integrated with other uses in the neighborhood, the conditional use has been reviewed and appropriately conditioned by Public Works, Building and Safety, Fire,, and the Police Department. The site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping and other development features prescribed in the Development Code and required by the Planning Commission. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The project is in conformance with all requirements of the Development Code, Fire Code, and Building Code. These codes contain provisions that ensure the protection of the public health, safety, and general welfare. The project is not anticipated to have negative impact to the public health, safety, and general welfare. 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. The decision to conditionally approve the application for a Conditional Use Permit is 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 proposed use will not result in the creation of any new square footage to the structure or changes to the site plan: All construction will be related to interior tenant improvements. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA13-0165, a Modification to a previously approved Minor Conditional Use Permit for Aftershock Brewery to extend their operating hours to 1 p.m. to 8 p.m. from the previously approved 1 p.m. to 6 p.m., and to relocate the business to a new suite within the same center located at 28822 Old Town Front Street, 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 16th day of October, 2013. John Telesio, Chairman ATTEST: Patrick Richardson, Secretary [SEAL]' . STATE OF CP UFORNIA ) "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. 13-41 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 16th day of October, 2013, by the following vote: , AYES: 3 PLANNING COMMISSIONERS: Carey, Harter, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 2 PLANNING COMMISSIONERS: Guerriero, Kight 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.: PA13-0165 Project Description: A Modification to a previously approved Minor Conditional Use Permit for Aftershock Brewery to extend their operating hours to 1 p.m. to 8 p.m. from the previously approved 1 p.m. to 6 p.m. and to relocate the business to a new suite within the same center located at 28822 Old Town Front Street Assessor's Parcel No.: 922-093-003 MSHCP Category: Exempt (No New Square Footage/Grading) DIF Category: Exempt (No New Square Footage) TUMF Category: Exempt (No New Square Footage) Quimby Category: N/A (Non-Residential Project) Approval Date: October 16, 2013 Expiration Date: October 16, 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 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 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 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 one year 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 one year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit. 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. To ensure compliance with this Condition of Approval: a. Spills and leaks must be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. PL-8. The applicant shall comply with their Statement of Operations submitted on August 30, 2013 file with the Planning Department, unless superseded by these Conditions of Approval. PL-9. The 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 the 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-11. Hours of operation for the tasting room shall be from 1 p.m. to 8 p.m., Monday through Sunday. PL-12. All Conditions of Approval for PA12-0009 shall remain in effect unless superseded herein. PL-13. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris: OUTSIDE AGENCIES PL-14. The applicant shall comply with the recommendations set forth by the County of Riverside Department of Environmental Health. BUILDING AND SAFETY DIVISION B-1 All components of the ADA accessibility are to be compliant with the 2010 California Building Code prior to occupancy of the suite. FIRE PREVENTION General Requirements F-1. Final fire and life safety conditions will be addressed when building plans are reviewed by Fire Prevention. 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. Occupancy classification for this facility is a Group `A' and 'F-2'. The tasting room has an occupancy load of 55 people based on information provided. The manufacturing area is considered an F-1 since the alcohol content is less than 16%. Prior to Issuance of Building Permit(s) F-3. Fire sprinkler plans shall be submitted to Fire Prevention 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. Permit will be required for sprinkler heads to be added into the cooler. Additional heads may be required and/or added due to any obstructions that may be caused due to the tanks. F-4. Fire alarm plans shall be submitted to Fire Prevention for approval. Three sets of alarm plans must be submitted by the installing contractor to Fire Prevention. 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. Notification devices are required in the restrooms and throughout the facility. F-5. Above ground storage tanks will be required. Permits are non-transferable from one building/suite to another. Plans will need to be submitted along with manufacture cut sheets to the fire department for review. Prior to Issuance of Certificate of Occupancy F-6. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial, multi-family residential and industrial buildings shall have a minimum of 12-inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of six-inch high letters and/or numbers on both the front and rear doors (CFC Chapter 5 and Temecula City Ordinance 15.16.020). F-7. 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 or holds a Type 23 License(Small beer manufacturer).A Type 23 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, [license holder] 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 bone fide eating place contiguous to the manufacturer's licensed premises. [license holder] May conduct beer tastings under specified conditions(see section 23357.3,ABC regulations). Minors are allowed on the premises. 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 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. 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. 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) 506-5132 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-10. 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-11. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132.