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HomeMy WebLinkAbout16-25 PC Resolution PC RESOLUTION NO. 16-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA16-0847, A FINDING OF PUBLIC CONVENIENCE OR NECESSITY FOR CHEFLAVOR TO ALLOW FOR THE ACQUISITION OF A TYPE 20 OFF SALE BEER AND WINE (PACKAGE STORE) ABC LICENSE. CHEFLAVOR IS A BOUTIQUE ARTISAN FOOD STORE THAT WILL PROVIDE ARTISAN FOOD ITEMS AND WISHES TO INCLUDE THE SALE OF LOCAL BEER AND WINE AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE SITE IS LOCATED AT 32119 TEMECULA PARKWAY. (APN 960- 010-044) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On June 7, 2016, Tahne Green filed Planning Application No. PA16-0847 a Finding of Public Convenience or Necessity 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 20, 2016, 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. PA16-0847, 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: Finding of Public Convenience or Necessity, Development Code Section 17.10.020: A. Whether or not the proposed use is consistent with the General Plan and Development Code; Cheflavor is a proposed boutique artisan food store. The proposed use is consistent with the City of Temecula General Plan which specifies that the Highway Tourist (HT) designation includes retail markets serving the entire community. The off sale of beer and wine would serve as an incidental use to the establishment operations. B. Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses; Cheflavor is a boutique artisan food store within the Highway Tourist zone. As conditioned, the proposed use is compatible with the nature, condition and development of adjacent uses, buildings and structures, and the proposed 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; Cheflavor is a boutique artisan food store within a commercial center in the Highway Tourist zone. As proposed, the use is compatible with the nature, condition and development of adjacent uses, buildings and structures, and the proposed use will not adversely affect the adjacent uses, buildings or structures. In addition, the site will remain unaltered, and 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. The addition of the proposed use does not impact any of the site requirements. D. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity; Cheflavor will be located in a Census Tract which ABC considers "over- concentrated" with off-sale licenses. Per ABC, two off-sale licenses are permitted in this tract before it is considered "over-concentrated" and six (6) currently exist. Therefore, a Finding of Public Convenience or Necessity is required for Cheflavor to be the seventh (7th) establishment with an off-sale ABC License. The finding will allow the applicant to offer similar products as other markets in the area, as it is considered a convenience to purchase beer and wine when purchasing food. As proposed, the Findings of Public Convenience or Necessity will not result in an excessive number of similar establishments in close proximity that operate under a Type 20 ABC License within the Census Tract. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Major Modification: 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, Existing Facilities); The request for a Finding of Public Convenience or Necessity for Cheflavor to allow off sale of beer and wine sales within an existing retail center. The site is fully developed and all access and public utilities are available to the site. The proposed use 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. PA16-0847, a Finding of Public Convenience or Necessity for Cheflavor to allow for the acquisition of a Type 20 Off Sale Beer and Wine (Package Store) ABC License located at 32119 Temecula Parkway. (APN 960-010-044) subject to the Conditions of Approval set forth in Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20th day of July, 2016. Ron Guerriero, Chairperson ATTEST: 411 L atson, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 16-25 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20th day of July, 2016, by the following vote: AYES: 3 PLANNING COMMISSIONERS: Guerriero, Telesio, Turley-Trejo NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 2 PLANNING COMMISSIONERS: Wafts, Youmans ABSTAIN: 0 PLANNING COMMISSIONERS: None Luke Watson, Secretary EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA16-0847 Project Description: Cheflavor PC or N: a Finding of Public Convenience or Necessity to allow for the acquisition of a Type 20 Off Sale Beer and Wine (Package Store) ABC License. Cheflavor is a boutique artisan food store that will provide artisan food items and wishes to include the sale of local beer and wine. The site is located at 32119 Temecula Parkway. Assessor's Parcel No.: 960-010-044 MSHCP Category: N/A (no new grading) DIF Category: N/A(no new construction) TUMF Category: N/A(no new construction) Quimby Category: N/A(non-residential) Approval Date: July 20, 2016 Expiration Date: July 20, 2018 PLANNING DIVISION Within 48 Hours of the Approval 1. Indemnification of the Citv. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys 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. 2. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a cashiers 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 Division 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 3. Expiration. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. Use means the implementation of the ABC license 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, or use of a property in conformance with a Public Convenience or Necessity. 4. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 10 (Vail Ranch). 5. Conformance with Approved Plans. The operation of the business shall substantially conform to the approved site plan contained on file with the Planning Division. 6. Signage Permits. A separate building permit shall be required for all signage. 7. Water Quality and Drainage. 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 shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down 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. 8. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. g. Statement of Operations. The applicant shall comply with their Statement of Operations dated stamped June 7, 2016, on file with the Planning Division, unless superseded by these Conditions of Approval. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 10. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. POLICE DEPARTMENT General Requirements 11. Type 20 License. OFF SALE BEER AND WINE (Package Store). Authorizes the sale of beer, wine for consumption off the premises where sold. No distilled spirits may be on the premises. Minors are allowed on premises. 12. Consumption of Alcoholic Beverages in Public Prohibited. The applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. 13. Identification Verification. 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. 14. Acceptable Forms of Identification. 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. 15. Disorderly House. 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). 16. No Alcohol Sales Between 2:00 AM and 6:00 AM. 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). 17. Inspections. 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). 18. Employee Training for Identification Checks. The applicant shall 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 when new employees/ management are hired. 19. Public Telephones. Any public telephones located on the exterior of the building should 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. 20. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132.