TO: HONORABLE CHAIR AND MEMBERS OF THE PLANNING
COMMISSION
FROM: Carl Stiehl, City Planner
PREPARED BY: Aaron Rintamaki, Associate Planner
SUBJECT:
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Minor Conditional Use Permit Modification 2025-00037 Backyard Bottleshop & Taproom
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RECOMMENDATION
recommendation
APPROVE the environmental determination and ADOPT a resolution approving Minor Conditional Use Permit Modification 2025-00037, based on the Findings and subject to the Conditions of Approval in Exhibit A and Statement of Operations in Exhibit B.
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ENVIRONMENTAL
The project is exempt under CEQA Guidelines Section 15301 - Existing Facilities. Class 1, which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The project involves negligible changes to the existing use and no significant interior or exterior modifications within its scope.
EXECUTIVE SUMMARY
The project site is located within Margarita Square Shopping Center. On May 14, 2014, the Planning Commission approved Conditional Use Permit 2013-250 to establish a beer and wine drinking establishment, Type 42-license, with accessory food sales, within a 2,417 square foot interior leased area and an outdoor patio dining area. The hours were limited from Sunday through Thursday 11 am to 10 pm and Friday and Saturday 11 am to 11 pm. The Applicant requests a modification of the CUP to sell distilled spirits on-site, as well as increase the hours of operation to midnight for the general public, and until 2AM for private events.
PROJECT DESCRIPTION
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Application Type: |
Minor Conditional Use Permit Modification 2025-00037 |
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Applicant: |
Emil Gregory, The Breakthru, LLC |
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Property Owner: |
Tiffany Martel, DKN Holdings LLC/CDFT LP |
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Site Area: |
2,417 square feet |
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Project Location: |
39400 Murrieta Hot Springs Road, Suite 123A (APN: 913-160-066) |
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Site General Plan/Zoning: |
Commercial District/Community Commercial (CC) |
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Adjacent Zoning/Land Use: |
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North: |
Murrieta Hot Springs Road and Civic Institutional beyond/Existing resort spa |
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South: |
Single-Family-2/Existing residential homes |
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East: |
Multi-Family 1/Existing multi-family residential |
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West: |
Margarita Road and Community Commercial beyond/Existing commercial center |
BACKGROUND
Currently, an existing bar, known as Backyard Bottleshop & Taproom (also referred to as The Champion), serves beer and wine and operates under Conditional Use Permit 2013-250, approved by the Planning Commission on May 14, 2014. The owners of the establishment are requesting to expand the types of alcohol served and to extend the hours of operation for private parties in the 2,417-square-foot space. The project proposes to rely on a Type 48 license for the serving of spirits, wine, and beer for on-site consumption, as well as the sale of beer and wine for off-site consumption. Type 48 licenses are issued to bars and nightclubs and authorize the sale of beer, wine, and distilled spirits for consumption on the premises where sold. It also authorizes the sale of beer and wine for consumption off the premises where sold.
The project site is situated within the existing Margarita Square, which comprises various retail buildings, including a fuel center, sit-down and fast-food restaurants, a fitness center, a dance studio, salons, business services, and medical offices, and is located at 39400 Murrieta Hot Springs Road. Currently, the business is approved to operate as follows:
• between 11:00 a.m. and 10:00 p.m., Sunday through Thursday
• between 11:00 a.m. and 11:00 p.m. on Friday and Saturday
The owner requests to change the hours of operation as follows:
• between 11:00 a.m. and 12:00 a.m. on Sundays through Thursdays
• between 11:00 a.m. and 12:00 a.m. on Fridays and Saturdays
• between 12:00 a.m. and 2:00 a.m. on Sundays through Saturdays (for private events only)
The extended hours will be limited to private events/parties and are anticipated to occur once per month, as described in the applicant's project description.
State law determines the number of alcohol licenses that are appropriate for an area based on population within a defined area based on Census Tract boundaries. The project site is located within Census Tract 505.01, which allows for five off-sale licenses (the area currently has three active on-site sales licenses). The applicant has provided a statement of operating characteristics, included as Exhibit B. There are no changes to the building's exterior as part of this proposal.
ANALYSIS
Zoning / General Plan Consistency:
The use of the site for a bar that serves alcohol is consistent with Murrieta Municipal Code (MMC) Section 16.44.030.C.2. and Table 16.10-1, which states that bars are permitted with a Minor Conditional Use Permit within the Community Commercial (CC) zone. The project is in conformance with the Murrieta General Plan and is consistent with the Commercial General Plan Land Use designation. As the project aligns with the Commercial designation, it meets various land-use objectives. General Plan goal LU-1 aims to provide a complementary balance of land uses throughout the community that meets the needs of existing residents and businesses, anticipates growth, and achieves the community’s vision. The Project is consistent with Policy LU-1.5 and LU-1.6, which encourages a wide variety of retail and commercial services in appropriate locations. The goals also promote development that reduces infrastructure construction costs, allowing for better use of existing and planned public facilities.
Minor Conditional Use Permit - Bars
The City of Murrieta Development Code defines bars and alcoholic beverage drinking places as “a structure or tenant space within a structure where alcoholic beverages are sold for on-site consumption that are not part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages.” A bar may include entertainment (such as live music and/or dancing), and beer brewing as part of a "brew pub." To sell distilled spirits, beer, and wine in a bar, the applicant must obtain a Type 48 license from the California Department of Alcoholic Beverage Control (ABC). The owner currently holds a Type 42 ABC license, which permits the sale of beer and wine. The project site is located within Census Tract 505.01, which allows for five off-sale alcohol licenses. The number of off-sale licenses permitted in Census Tract 505.01 is up to five (5) licenses, and there are currently three (3) active on-site sales licenses within this Census Tract. The project site is not located within 600 feet of a K-12 public or private school within the Civic/Institutional zone (see Attachment 5 for reference). Specific conditions of approval for bars have been placed on the project (see Attachment 1, Exhibit A) to reduce impacts on police resources and the neighboring communities. The conditions stipulate that the hours of operation are limited as stated in the project description, that surveillance cameras must be installed in conformance with Police Department requirements, that there are limits on the manner in which alcohol is sold and served, and that a restriction is placed on not requiring a minimum number of drinks in lieu of a cover charge or admission fee. For these reasons, if the business is maintained and operated in accordance with the conditions of approval and statement of operations, staff has determined that the proposed use is not anticipated to be a source of nuisance behavior associated with excessive consumption of alcoholic beverages and would not be detrimental to public health, safety, or welfare.
Traffic Circulation / Access & Egress:
The project site takes access from existing driveways on Murrieta Hot Springs Road and from Margarita Road. These current access points are designed to allow adequate vehicular ingress and egress. The project is not proposing to change access to the site.
Overall Site Analysis:
The project site is located within an existing commercial center (Margarita Square). There are no proposed changes to site access, circulation, parking or landscaping as part of this project. The expanded use of a bar is anticipated to maintain compatibility with existing businesses within the site.
FINDINGS
Findings Pursuant to Development Code section 16.52.040 (Conditional Use Permits):
1. The proposed use is conditionally allowed within, and would not impair the integrity and character of, the subject zoning district and complies with all applicable provisions of the development code;
FACTS: The Murrieta Development Code allows for bars as a Minor Conditional Use Permit in accordance with Table 16.10-1 and Table 3-12 of Development Code sections 16.10.010 and 16.44.030, respectively. The proposed use complies with the applicable requirements identified in Sections 16.44.030 Alcohol Sales and 16.10.020 Community Commercial and Commercial Districts General Development Standards, including, but not limited to, alcohol beverage sales standards.
2. The proposed use is consistent with the objectives, policies, general land uses, and programs of the general plan, and any applicable specific plan;
FACTS: The Project is consistent with Policy LU-1.5 and LU-1.6, which encourages a wide variety of retail and commercial services in appropriate locations. The goals also promote development that reduces infrastructure construction costs, allowing for better use of existing and planned public facilities. The Project is consistent with General Plan Goal LU-9 for land use patterns and urban design that support lifestyles and businesses. The addition of alcoholic sales for off-site consumption implements Policy Objectives LU-1.2 and ED-4.1 of the General Plan and Goal LU-1 and ED-4, by providing the community with a range of services that promote a balance between the supply of retail opportunities and demand for goods and services.
3. The approval of the Minor Conditional Use Permit Modification for the proposed expanded use complies with the requirements of the California Environmental Quality Act (CEQA), and there will be no significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored;
FACTS: The project is categorically exempt from further CEQA review pursuant to Section 15301 Existing Facilities of the CEQA guidelines, based upon the following: The application is to permit a use at an existing facility consistent with the CEQA Class 1 Categorical Exemption (Existing Facilities) for the operation, repair, maintenance, and permitting, leasing, licensing, or minor alteration of existing private structure. The project involves negligible changes to the existing use, no exterior modifications are within the scope of this project, and is a key consideration for the use of this CEQA exemption.
4. The site is suitable for the type and intensity of use or development that is proposed;
FACTS: The site is developed and includes existing structures. The site fronts two General Plan Circulation Element streets, Murrieta Hot Springs Road and Margarita Road. The site is adjacent to an existing Community Commercial property to the north and west, with single-family residential to the south. Multi-family and Civic/Institutional are to the east, and Community Commercial and Single-Family-2 are to the west. The continued use as a bar is located within an existing structure on a parcel that is a part of a developed commercial center (Margarita Square). The site is adequately sized to accommodate the proposed use while complying with the City’s development standards.
5. There are adequate provisions for sanitation, water, and public utilities and services to ensure public convenience, health, safety, and general welfare; and
FACTS: The existing commercial center is currently receiving service from the following utility purveyors: Eastern Municipal Water District (water and sewer), Southern California Edison Company (electricity), and Southern California Gas Company (gas), and the proposed use will not require expansion of any services to ensure public convenience, health, safety, and general welfare.
6. The proposed expansion of use would not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other allowed uses in the vicinity or adverse to the public convenience, health, safety, or general welfare, or materially injurious to properties and improvements in the vicinity of the subject property.
FACTS: The proposed use at this location was reviewed, conditioned, and determined not to create any significant impacts on noise or traffic, nor to have an adverse impact on public health, safety, and welfare on properties and improvements in the vicinity. The project was conditioned to provide surveillance in compliance with the code and to the satisfaction of the Police Department, and to allow for extended hours of operation with a closing time of 2 a.m.
Findings Pursuant to Development Code section 16.44.030.F Public Convenience or Necessity.
1. The public convenience would be served by the establishment of the proposed use.
FACTS: The proposed sale of distilled spirits, wine, and beer with a drinking establishment use for on-site consumption at this location serves a public convenience as this allows customers to access this type of service that they may otherwise have to travel to surrounding communities to experience and thus would serve as a public convenience.
2. The proposed use is not anticipated to be the source of nuisance behavior associated with excessive consumption of alcoholic beverages.
FACTS: The proposed addition of alcoholic sales for on-site consumption and the increase in operating hours for serving alcohol are not anticipated to be sources of nuisance behavior if the property owner is vigilant in enforcing the conditions of approval, municipal code standards, and ABC requirements during operations. The Project has general conditions to limit nuisance behavior associated with sales of alcoholic beverages including limits on the manner in which alcohol is sold and served, and that a restriction is placed on not requiring a minimum number of drinks in lieu of a cover charge or admission fee in compliance with Municipal Code section 16.44.030.D and E.1. The statement of operations identifies private security staffing for parties. The Police Department recommends that this use would not pose a detriment to the immediate neighborhood, based on records of calls for service in this area related to this type of use. The Police Department anticipates that the proposed use would increase calls for service; however, this increase is expected to be manageable, and therefore, they have indicated that such use would not pose a detriment to the immediate neighborhood.
3. The proposed use would not be detrimental to the public health, safety, or welfare.
FACTS: The use of the premises for alcohol sales for off-site consumption and expansion of alcohol serving hours in accordance with the conditions of approval, municipal code, and Alcoholic Beverage Control (ABC) requirements would not have an adverse impact on public health, safety, and welfare, or on properties and improvements in the vicinity. The project site is within an urbanized area, and it is not located within 600 feet of a sensitive receptor (K-12 private or public school) as identified in Section 16.44.030. While calls for service are anticipated to increase, the Police Department believes that the proposed use would not be detrimental to the public health, safety, or welfare of the immediate neighborhood, based on records of calls for service in this area.
4. The proposed use would not increase the severity of the existing law enforcement or public nuisance problems in the surrounding area.
FACTS: The proposed addition of alcoholic sales for off-site consumption and expansion of alcohol serving hours is not anticipated to create a public nuisance because the Project is subject to conditions that limit time, place, and manner of alcohol sales, all of which reduce the likelihood of public nuisance issues associated with the sales of alcohol. While calls for service are expected to increase in this area, the Police Department expects this increase to be manageable and therefore does not expect the use to pose a detriment to the immediate area or the surrounding neighborhood, provided the conditions of approval are implemented during operations.
5. The proposed use is consistent with the objectives, policies, general land uses, and programs of the general plan, and any applicable specific plan.
FACTS: The addition of alcoholic sales for on-site consumption and expansion of alcohol serving hours implements Policy Objectives LU-1.2 and ED-4.1 of the City’s General Plan and General Plan Goal LU-1 and ED-4, by providing the community with a range of services that promote a positive balance between the supply of retail opportunities and demand for goods and services. The addition of alcohol sales as a use and the expansion of alcohol serving hours are responses to the current market demand for these uses in the community, while encouraging a wide variety of services and providing a diversified economic base. The Project is not located within any applicable Specific Plan.
ATTACHMENTS
1. Resolution
Exhibit A - Conditions of Approval
Exhibit B - Statement of Operations
2. Draft Notice of Exemption
3. Vicinity Map
4. Census Tract 505.01
5. 600-foot buffer radius map
6. Project Plans
7. CUP-2013-250