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HomeMy WebLinkAbout19-07 PC Resolution , PC RESOLUTION NO. 19-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-1477, A MODIFICATION TO AN EXISTING OSCAR'S BREWERY AND PAT'S KITCHEN RESTAURANT THAT INCLUDES EXTERIOR FACADE MODIFICATIONS INCLUDING PAINT, MATERIAL AND DESIGN ELEMENT CHANGES, AN ENCLOSED OUTDOOR RECREATION AREA, ADDITIONAL OUTDOOR SEATING WITH FIRE PIT, AND LANDSCAPE UPGRADES LOCATED AT 29375 RANCHO CALIFORNIA ROAD, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On October 29, 2018, Kathryn Conniff filed Planning Application No PA18- 1477 a Modification, and Planning Application No. PA18-1478 a Conditional Use Permit (collectively, "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 February 20, 2019, 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. PA18-1477, 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 Modification to the Development Application hereby finds, determines and declares that: Modification, Development Code Section 17.05.010.F 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 project consists of exterior modifications to an existing restaurant building. The General Plan and Rancho Highlands Specific Plan allow for restaurant uses at the project site. Therefore, the project is consistent with the General Plan for Temecula. The project, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the California Environmental Quality Act(CEQA), the Citywide Design Guidelines, and Fire and Building codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The overall design of the project, including the site, building, and parking is consistent with, and intended to protect the health and safety of those working and living in an around the site as the project is consistent with the General Plan, Rancho Highlands Specific Plan, City Wide Design Guidelines, and Development Code. The project is designed for the protection of the general welfare because it will update the exterior of the existing building to make it more visually interesting and make it more current. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety, and welfare. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the 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 project is proposing exterior modifications to an existing restaurant, a Type 75 On-Sale General (Brewpub) license, and live indoor entertainment. The exterior modifications to the restaurant will not be adding any square footage to the building and will be adding an outdoor recreation area that includes bocce ball, a seating area, and an outdoor fire pit. The project is therefore categorically exempt from CEQA pursuant to CEQA Guidelines section 15301. The project consists of the operation, maintenance of an existing private structure involving the negligible or no expansion of use beyond that existing at the time that the City makes this determination. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA18-1477, a Modification to an existing Oscar's Brewery and Pat's Kitchen restaurant that includes exterior facade modifications including paint, material and design element changes, an enclosed outdoor recreation area, additional outdoor seating with fire pit, and landscape upgrades located at 29375 Rancho California Road, and makes a finding of exemption under the California Environmental Quality Act (CEQA), 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 20th day of February, 2019. (21944/1 Gary Watts„1C airperson ATTEST: Luke Watson 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. 19-07 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 February, 2019, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Guerriero, Telesio, Turley-Trejo, Watts, Youmans NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None Luke Watson Secretary EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA18-1477 Project Description: A Modification to an existing Oscar's Brewery and Pat's Kitchen restaurant that includes exterior facade modifications including paint, material and design element changes, an enclosed outdoor recreation area, additional outdoor seating with fire pit, and landscape upgrades. The project is located at 29375 Rancho California Road. Assessor's Parcel No.: 944-330-015 MSHCP Category: N/A(no new grading) DIF Category: N/A(no new square footage) TUMF Category: N/A(no new square footage) Quimby Category: N/A(non-residential) New Street In-lieu of Fee: N/A(not located within the Uptown Temecula Specific Plan area) Approval Date: February 20, 2019 Expiration Date: February 20, 2022 PLANNING DIVISION Within 48 Hours of the Approval 1. 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 2. Indemnification of the City. 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. 3. Expiration This approval shall be used within three years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the three-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. 4 Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to three extensions of time, one year at a time. 5. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division 6 Signage Permits. A separate building permit shall be required for all signage 7. Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 8. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment, walls, or other structures. 9. 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 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. 10. Materials and Colors. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques,finishes or similar matters are specified, shall be deemed satisfied by City staffs prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. Material Color Stucco Toque White (SW7003) • Stucco Peppercorn (SW7674) Stucco Inkwell Black (SW3992) Roof Tile Inkwell Black (SW6992) Wood Cladding Bistro Walnut(SW3115-P) Corrugated Metal Antique Rusty Aluminum Metal Satin Black Tile E/S 20 Collection Organic Wall Philodendron Cordatum & Ficus Pumila Exterior Fabric Sunbrella (Smoke#23) 11. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 12. Trash Enclosures. The trash enclosures shall be large enough to accommodate a recycling bin, as well as regular solid waste containers. 13. Trash Enclosures. Trash enclosures shall be provided to house all trash receptacles utilized on the site These shall be clearly labeled on the site plan. 14. Covered Trash Enclosures. All trash enclosures on site shall include a solid cover and the construction plans shall include all details of the trash enclosures, including the solid cover. 15. Construction and Demolition Debris. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. Prior to Issuance of Building Permit 16. Construction Landscaping and Irrigation Plans. Four (4) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Division. These plans shall be submitted as a separate submittal, not as part of the building plans or other plan set. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, height and spread, water usage or KC value, genus, species, and container size of the plants shall be shown The plans shall be consistent with the Water Efficient Ordinance and Water Storage Contingency Plan per the Rancho California Water District. The plans shall be accompanied by the appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved Conceptual Grading Plan and grading/earthwork quantities. 17 Landscaping Site Inspections. The Landscaping and Irrigation Plans shall include a note stating, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance " The applicant/owner shall contact the Planning Division to schedule inspections. 18 Agronomic Soils Report. The Landscaping and Irrigation Plans shall include a note on the plans stating, "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection " 19. Water Usage Calculations. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17 32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan) Applicant shall use evapotranspiration (ETo) factor of •0.70 for calculating the maximum allowable water budget. 20. Landscape Maintenance Program. A landscape maintenance program shall be submitted to the Planning Division for approval The landscape maintenance program shall detail the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. 21. Specifications of Landscape Maintenance Program. Specifications of the landscape maintenance program shall indicate, "Three landscape site inspections are required The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance. " The applicant/owner shall contact the Planning Division to schedule inspections. 22. Irrigation. The landscaping plans shall include automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from view of the public from streets and adjacent property for private common areas; front yards and slopes within individual lots; shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to 66 feet or larger; and, all landscaping excluding City maintained areas and front yard landscaping which shall include, but may not be limited to, private slopes and common areas. 23. Building Construction Plans for Outdoor Areas. Building Construction Plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, fountains, hardscape, etc.) to match the style of the building subject to the approval of the Director of Community Development. 24. WQMP Landscape Compliance. The construction landscape plans shall be consistent with Appendix A, Table 31 of the Low Impact Development (LID) Manual for Southern California for plant materials and treatment facilities, and shall reference the approved conceptual grading plan and WQMP exhibit. 25. Utility Screening All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three-foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after-thought. Plan planting beds and design around utilities. Locate all light poles on plans and ensure that there are no conflicts with trees. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 26. Screening of Loading Areas. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening reviewed and approved by the Director of Community Development. BUILDING AND SAFETY DIVISION General Requirements 27. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building plans are reviewed and submitted to Building and Safety. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 28. Compliance with Code All design components shall comply with applicable provisions of the 2016 edition of the California Building, Plumbing and Mechanical Codes; 2016 California Electrical Code, California Administrative Code,2016 California Energy Codes, 2016 California Green building Standards, California Title 24 Disabled Access Regulations, Temecula Municipal Code. 29. Demolition Permits A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. 30 ADA Access. Provide details of all applicable disabled access provisions and building setbacks on the plans to include. a. Disabled access from the public way to the main entrance of the building b. Van accessible parking located as close as possible to the main entry. c. Accessible path of travel from parking to furthest point of improvement. 31. Obtain Approvals and Permits. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 32 County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. All exterior LED light fixtures shall be 3,000 kelvin or below A note may be placed on the electrical plans indicating that the existing streetlights & existing onsite parking lot lite fixtures shall remain and are outside of the proposed scope of work. 33 Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Solid covers required over new and existing trash enclosures. 34. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from TOO a.m to 6:30 p m No work is permitted on Sundays and nationally recognized Government Holidays. 35 Clearance from TVUSD A receipt or clearance letter from the Temecula Valley Unified School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. At Plan Review Submittal 36. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. b. A copy of a hardscape plan & Handicap Access Exhibit. d Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Building Permit(s) 37. Plans Require Stamp of Registered Professional. Provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction 38 Pre-Construction Meeting A pre-construction meeting is required with the building inspector prior to the start of the building construction. FIRE PREVENTION Prior to Issuance of Building Permit(s) 39. Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to the Fire Prevention Bureau 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. 40 Required Submittals (Fire Alarm Systems) Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau 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. Prior to Issuance of Certificate of Occupancy 41 Knox Box. 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). 42 Addressing 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 6-inch high letters and/or numbers on both the front and rear doors. Single family residences and multi-family residential units shall have 4-inch letters and/or numbers, as approved by the Fire Prevention Bureau (CFC Chapter 5 and City Ordinance 15.16.020). 43 Additional Submittals (Fire Above/Below Ground Tanks). The developer/applicant shall be responsible for obtaining underground and/or aboveground tank permits for the storage of combustible liquids, flammable liquids or any other hazardous materials from both the County Health Department and Fire Prevention Bureau (CFC Chapter 57 and City Ordinance 15.16 020) POLICE DEPARTMENT General Requirements 44 Trees. Applicant shall ensure any trees surrounding building rooftops be kept at a distance to prevent roof accessibility by would-be burglars. Since trees also act as a natural ladder, the branches must be pruned to have a six-foot clearance from the buildings. 45. Exterior Building Lighting All lighting affixed to the exterior of buildings less than 8 feet high shall be vandal resistant. 46. Parking Lot Lighting. All parking lot lighting shall be energy saving and minimized after hours of darkness and in compliance with Title 24, Part 6, of the California Code of Regulations. 47 Exterior Door Illumination. All exterior doors shall have a vandal resistant light fixture installed above the door The doors shall be illuminated with a minimum one-foot candle illumination at ground level, evenly dispersed 48 Hardware All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade 49 Graffiti Any graffiti painted or marked upon the buildings or other structures must be removed or painted over within 24 hours of being discovered Report all such crimes to the Temecula Police 24-hour dispatch Center at(951) 696-HELP 50. Outdoor Lighting During Non-Business Hours. The applicant shall comply with the Governor's order to address the power crisis. This order became effective March 18, 2001 calling for a substantial reduction from businesses to cut usage during non-business hours. The order, in part, states, "All California retail establishments, including, but not limited to, shopping centers, auto malls and dealerships, shall substantially reduce maximum outdoor lighting capability during non-business hours except as necessary for the health and safety of the public, employees or property." Failure to comply with this order following a warning by law enforcement officials shall be punishable as a misdemeanor with a fine not to exceed $1,000 in accordance with Title 24, Part 6, of the California Code of Regulations. 51 Alarm System. Upon completion of construction, each building or business shall have an alarm system that is monitored by a designated private alarm company to notify the Temecula Police Department of any intrusion All multi-tenant offices/suites/businesses located within a specific building shall each have their own alarm system. This condition is not applicable if the business is open 24/7. 52. Crime Prevention Through Design. Crime prevention through environmental design, as developed by the National Crime Prevention Institute (NCPI), supports the concept that "the proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life." The nine primary strategies that support this concept are included below: 1 Provide clear border definition of controlled space Examples of border definition may include fences, shrubbery, or signs in exterior areas. Within a building, the arrangement of furniture and color definition can serve as a means of identifying controlled space. 2 Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi-public to private space. 3. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. 4. Place safe activities in unsafe locations. Safe activities attract normal users to a location and subsequently render the location less attractive to abnormal users due to observation and possible intervention. 5 Place unsafe activities in safe locations. Placing unsafe activities in areas of natural surveillance or controlled access will help overcome risk and make the users of the areas feel safer. 6. Redesign the use of space to provide natural barriers Separate activities that may conflict with each other (outdoor basketball court and children's play area, for example) by distance, natural terrain or other functions to avoid such conflict. 7 Improve scheduling of space. The timing in the use of space can reduce the risk for normal users and cause abnormal users to be of greater risk of surveillance and intervention 8. Redesign space to increase the perception of natural surveillance. Abnormal users need to be award of the risk of detection and possible intervention. Windows and clear lines-of-sight serve to provide such a perception of surveillance 9. Overcome distance and isolation. This strategy may be accomplished through improved communications (portable two-way radios, for example) and design efficiencies, such as the location of restrooms in a public building 53. Crime Prevention Training. Employee training regarding credit cards, theft, citizens' arrest procedures, personal safety, business security or any other related crime prevention subject is available free of charge through the Crime Prevention Unit. To schedule an appointment, call (951) 506-5132. 54. Business Security Survey The Crime Prevention and Plans Unit of the Temecula Police Department offers free business security surveys, to schedule an appointment contact the unit at(951) 506-5132 55 Contact. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at(951)506-5132