HomeMy WebLinkAbout2024-04 PC ResolutionPC RESOLUTION NO.2024-04
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA23-0027, A CONDITIONAL USE
PERMIT TO ALLOW A NEW RESTAURANT TO
INCORPORATE A DRIVE-THRU LOCATED AT 29540
RANCHO CALIFORNIA ROAD AND MAKING A FINDING
OF EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) (APN 921-320-
061)
Section 1. Procedural Findings. The Planning Commission of the City of Temecula
does hereby find, determine and declare that:
A. On January 17, 2023, Robert Vermeltfoort, on behalf of Ono Hawaiian BBQ, filed
Planning Application No. PA23-0027, a 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 April 17, 2024, 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. PA23-0027
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.E.1
A. The proposed conditional use is consistent with the General Plan and the
Development Code.
The conditional use will allow for the development of a drive-thru facility in a Community
Commercial zoning district. Drive-thru lanes are an allowable use in Community
Commercial districts upon the approval of a Conditional Use Permit. Therefore, the
conditional use 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 proposed conditional use permit will allow for the operation of a drive-thru lane. The
drive-thru lane will be integrated into the project site. In addition, the drive-thru lane will
be shielded from view with appropriate landscaping. Finally, potential impacts from the
drive-thru lane was studied by a traffic consultant. This consultant determined that the
drive-thru lanes will not adversely affect the adjacent drive aisles or right-of-way. This
means the drive-thru lane is designed to be compatible with the nature, condition and
development of adjacent uses, buildings and structures. The drive-thru lane will not cause
adverse impacts to 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 this Development Code and required by the Planning
Commission or Council in order to integrate the use with other uses in the neighborhood.
The site for the conditional use is located within a fully developed commercial center with
a variety of uses. The site's size and shape is large enough to accommodate the conditional
use with regard to accommodating the yards, walls, fences, parking and loading facilities,
buffer areas, landscaping, and other development features prescribed in the Development
Code and required by Planning Commission. The project is required to provide 61 parking
spaces but proposes to provide 78 parking spaces. The proposed conditional use meets or
exceeds all Development Code requirements with regard to drive-thru and will be well
integrated with other uses in the center.
D. The nature of the proposed conditional use is not detrimental to the health, safety
and general welfare of the community.
The conditional use has been reviewed and conditioned to ensure consistency with the
Building Code, Development Code, and Fire Code. These codes contain provisions
designed to ensure eses are not detrimental to the health, safety, and general welfare of
the community. Negative Impacts are not 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 director, planning commission, or city council on appeal.
The decision to conditionally approve the project 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 (15332, Class 32,
In -Fill Development Projects);
The project will allow for the operation of a drive-thru at a proposed quick service
restaurant. The site is smaller than five acres within city limits and is surrounded by urban
uses. The proposed use is consistent with the General Plan for Temecula as well as
applicable zoning regulations. The project site has been fully developed and used as a
restaurant for decades and therefore has no value as habitat for endangered, rare, or
threatened species. In addition, the site can be serviced by all utilities. The queuing
analysis conducted by Trames Solutions, Inc. demonstrated that the drive-thru will not
impede traffic in and out of the project site. In addition, the construction of the restaurants
with the drive-thru lanes will not result in any significant impacts to traffic, noise, air
quality, or water quality.
Section 4. Conditions, Statement of Operations, and Plans. The Planning Commission
of the City of Temecula approves Planning Application No. PA23-0027, a Conditional Use Permit
to allow a new restaurant to incorporate a drive-thru located at 29540 Rancho California Road,
subject to the Final Conditions of Approval set forth on Exhibit A, Statement of Operations set
forth on Exhibit B, and the Plans set forth on Exhibit C, attached hereto, and incorporated herein
by this reference.
PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission
this 17th day of April 2024.
bG
Bob Hagel, Chair
ATTEST:
�A A Pi-,15 � -
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 foregoing PC Resolution No. 2024-04 was duly and regularly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof held on the 17t' day of April
2024, by the following vote:
AYES: 4 PLANNING COMMISSIONERS
NOES: 0 PLANNING COMMISSIONERS:
ABSTAIN: 0 PLANNING COMMISSIONERS
Hagel, Ruiz, Solis, Watts
None
None
ABSENT: 1 PLANNING COMMISSIONERS: Turley-Trejo
MWA Vim-- �-
Luke Watson
Secretary
CITY OF TEMECULA
CONDITIONS OF APPROVAL ACCEPTANCE
Planning Application Number: PA23-0027
Parcel Number(s):
921-320-061
By signing below, I/we have agreed to the following Conditions of Approval, including (but not limited
to) any referenced documents, local, state, or federal regulations, statement of operations, hours
of operation, floor plans, site plans, and Conditions that may require the payment or reimbursement
of fees, as described. I/we have read the attached Conditions of Approval and understand them.
I/we also understand that violations or non-compliance with these Conditions of Approval, may
delay a project, and/or result in the revocation of a permit in accordance with the Temecula
Municipal Code. I/we are also responsible for disclosing these Conditions of Approval to any
successive owners/operators. I/we agree and commit to the City of Temecula that I/we will
implement and abide by the Conditions of Approval, including any indemnification requirements
imposed by those conditions.
Property Owner Printed Name
Property Owner Signature & Date
Applicant Printed Name Applicant Signature & Date
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA23-0027
Project Description: Ono Hawaiian BBQ Conditional Use Permit: A Conditional Use Permit to allow
a new restaurant to incorporate a drive-thru. The project is located at 29540
Rancho California Road.
Assessor's Parcel No.: 921-320-061
MSHCP Category: Commercial
DIF Category: Service Commercial
TUMF Category: Per WRCOG Requirements
Quimby Category: N/A (Non -Residential Project)
New Street In -lieu of Fee: N/A (Not Located within the Uptown Temecula Specific Plan)
Approval Date: April 17, 2024
Expiration Date: April 17, 2026
PLANNING DIVISION
Within 48 Hours of the Approval
Page 1 of 6
Applicant Filing Notice of Determination. APPLICANT ACTION REQUIRED:
The applicant/developer is responsible for filing the Notice of Determination as required under
Public Resources Code Section 21152 and California Code of Regulations Section 15062 within
48 hours of the project approval. If within said 48-hour period the applicant/ developer has not
filed the Notice of Determination as required above, the approval for the project granted shall
be void due to failure of this condition. Failure to submit the Notice of Exemption will result in an
extended period of time for legal challenges.
FEES:
Fees for the Notice of Exemption include the Fifty Dollar County ($50.00) administrative fee.
The County of Riverside charges additional fees for credit card transactions.
FILING:
The City shall provide the applicant with a Notice of Determination within 24 hours of approval
via email. If the applicant/developer has not received the Notice of Determination within 24
hours of approval, they shall contact the case Planner immediately. All CEQA documents must
be filed online with the Riverside County Assessor — County Clerk- Recorder. A direct link to the
CEQA filings page is available at TemeculaCA.gov/CEQA.
COPY OF FILINGS:
The applicant shall provide the City with a digital copy of the required filings within 48 hours.
General Requirements
2. Indemnification of the City. Indemnity, Duty to Defend and Obligation to Pay Judgments and
Defense Costs, Including Attorneys' Fees, Incurred by the City. The Applicant shall defend,
indemnify, and hold harmless the City, its elected officials, officers, employees, volunteers,
agents, and those City agents serving as independent contractors in the role of City officials
(collectively "Indemnitees") from and against any claims, damages, actions, causes of actions,
lawsuits, suits, proceedings, losses, judgments, costs, and expenses (including, without
limitation, attorneys' fees or court costs) in any manner arising out of or incident to the Planning
Commission's actions, this approval and the City Council's actions, related entitlements, or the
City's environmental review thereof. The Applicant shall pay and satisfy any judgment, award
or decree that may be rendered against City or the other Indemnitees in any such suit, action,
or other legal proceeding. The City shall promptly notify the Applicant of any claim, action, or
proceeding and the City shall reasonably cooperate in the defense. If the City fails to promptly
notify the Applicant of any claim, action, or proceeding, or if the City fails to reasonably
cooperate in the defense, the Applicant shall not thereafter be responsible to defend, indemnify,
or hold harmless the City or the Indemnitees. The City shall have the right to select counsel of
its choice. The Applicant shall reimburse the City, and the other Indemnitees, for any and all
legal expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. Nothing in this condition shall be construed to require the Applicant
to indemnify Indemnitees for any claim arising from the sole negligence or willful misconduct of
the Indemnitees. In the event such a legal action is filed challenging the City's determinations
herein or the issuance of the approval, the City shall estimate its expenses for the litigation. The
Applicant shall deposit said amount with the City or, at the discretion of the City, enter into an
agreement with the City to pay such expenses as they become due.
Page 2 of 6
3. Expiration. This approval shall be used within 2 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 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 Conditional Use Permit.
A modification made to an approved development plan does not affect the original approval date
of a development plan.
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 five extensions of time,
one year at a time.
A modification made to an approved development plan does not affect the original approval date
of a development plan.
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.
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.
7. Modifications or Revisions. The developer shall obtain City approval for any modifications or
revisions to the approval of this project.
8. Statement of Operations. The applicant shall comply with their Statement of Operations dated
January 3, 2023, on file with the Planning Division, unless a conflict exists between the
Statement of Operations and these Conditions of Approval, in which case the Conditions of
Approval control.
9. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section
17.03.080 of the City's Development Code.
10. City Review and Modification of CUP. The City, its Director of Community Development,
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 Director of
Community Development, Planning Commission and City Council is in addition to, and not
in -lieu of, the right of the City, its Director of Community Development, 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.
Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit
11. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with
prior to occupancy or any use allowed by this approval.
Page 3 of 6
BUILDING AND SAFETY DIVISION
General Requirements
12. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed
when building construction plans are submitted to Building and Safety for review. 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.
13. Compliance with Code. All design components shall comply with applicable provisions of the
most current edition of the California Building, Plumbing and Mechanical Codes; California
Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24
Disabled Access Regulations, and Temecula Municipal Code as identified in Title 15 of the
Temecula Municipal Code.
14. ADA Access. Applicant shall provide details of all applicable disabled access provisions and
building setbacks on 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 entrance of the building.
c. Accessible path of travel from parking to the furthest point of improvement.
d. Path of accessibility from parking to furthest point of improvement.
e. Accessible path of travel from public right-of-way to all public areas on site, such as trash
enclosures, clubhouses, and picnic areas.
15. 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.
16. Street Addressing. Applicant must obtain street addressing for all proposed buildings by
requesting street addressing and submitting a site plan for commercial or multi -family residential
projects or a recorded final map for single-family residential projects.
17. 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.
18. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit
approvals prior to commencement of any construction work.
19. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards,
and any block walls will require separate approvals and permits. Solid covers are required over
new and existing trash enclosures.
20. Demolition. Demolition permits require separate approvals and permits.
21. Sewer and Water Plan Approvals. On -site sewer and water plans will require separate
approvals and permits.
FIRE PREVENTION
General Requirements
Page 4 of 6
22. Fire Dept. Plan Review. Final fire and life safety conditions will be addressed when building
plans are reviewed by the Fire Prevention Bureau. 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. if the buildings are less than
3,600 square feet then they are not required to be equipped with a fire sprinkler system or a fire
alarm system. for buildings that are equipped with a Type 1 hood system and required a hood
extinguishing system, that hood system will be required to be tied in and monitored by a fire
alarm system. this fire alarm panel will be allowed to be located inside the electrical room since
there will be no dedicated fire sprinkler riser room.
23. Fire Flow. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel
or construction of all commercial and residential buildings per CFC Appendix B. The developer
shall provide for this project, a water system capable of delivering 2,000 GPM at 20-PSI residual
operating pressure for a 2-hour duration for commercial projects. The fire flow as given above
has taken into account all information as provided. (CFC Appendix B and Temecula Municipal
Code Section 15.16.020). Although the system there is existing, it may require upgrades to meet
the current code requirements fire flow.
24. Hood Plans. Hood extinguishing system plans shall be submitted electronically to the Fire
Prevention Bureau for approval. Hood extinguishing system 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. The hood extinguishing system will be required to be tied into the
fire alarm system for monitoring.
Prior to Issuance of Building Permit(s)
25. Required Submittals (Fire Underground Water). The developer shall furnish electronic copies
of the water system plans for any changes or modifications to the Fire Prevention Bureau for
approval prior to installation for all private water systems pertaining to the fire service loop.
Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval
signature block, and conform to hydrant type, location, spacing and minimum fire flow
standards. Hydraulic calculations will be required with the underground submittal to ensure fire
flow requirements are being met for the on -site hydrants. The plans must be submitted and
approved prior to building permit being issued (CFC Chapter 33 and Chapter 5).
26. Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted
electronically to the Fire Prevention Bureau for approval. Fire 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.
27. Required Submittals (Fire Alarm Systems). Fire alarm plans shall be submitted electronically
to the Fire Prevention Bureau for approval. Fire 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. The main fire alarm control panel will be located inside the fire sprinkler riser room and
will not share with any other equipment except the fire sprinkler riser.
Prior to Issuance of Certificate of Occupancy
28. Hydrant Verification. Hydrant locations shall be identified by the installation of reflective
markers (blue dots) (Temecula Municipal Code Section 15.16.020).
29. 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).
Page 5 of 5
EXHIBIT B
►PPROVED
JECT TO6 LUING DEFT APPROVAJ
IY I TEMEI.- REANNING UEEI
_J-ISZONINGSTANDARDS
I-- ARE REQUIRED
�S.G9,2U24 �
MEMORANDUM
DATE:
1/3/2023
TO:
City of Temecula
FROM:
Robert Vermeltfoort
RE:
Section D: Statement of Operations
Development Plan
29540 Rancho California Road, Temecula, CA
PROJECT #: 21035
PA2 3-002 7
Statement of Operations
The proposed building and site improvements are to be located at 29540 Rancho California
Road (at the northeast corner of Rancho California Road and Ynez Road. This project will
include the removal of an existing +/- 12,050 square foot building (Claim Jumper) and
associated parking/landscaping/etc.
We are proposing the construction of a 2,839 square foot wood -framed drive-thru building
for Ono Hawaiian BBQ, with a small outdoor seating area. The current zoning for the area
is CC — Community Commercial. The existing use is a vacant building. We feel this is an
ideal location for the construction of this building as it is within an existing shopping
center, and will not increase the traffic demand than what the previous user had. There will
also be a 1,575 square foot drive-thru building for Better Buzz Coffee on the same site, under
a separate Conditional Use Permit application.
The hours of operation for this restaurant will be from 11am — 9pm, 7 days a week. The
number of employees will be about 5-6 people per shift. We are proposing ample parking
stalls for both employees and customers/visitors, by providing at total of 78 parking spaces
(58 combined stalls are required for both users). The estimated customers for this
restaurant will be 100 per day. This is a restaurant, so food will be served, but alcohol will
not be offered. No live entertainment will be provided on this site.
The landscaping will be lush and match the existing plants and trees within the existing and
adjacent shopping centers, utilizing drought resistant plants, shrubs and trees.
If you have any questions, please dot not hesitate to contact the office of VAI.
Thank you,
Robert Vermeltfoort
VAI 8525 N. Cedar, Suite 106, Fresno, Ca. 93720 (559)432-6744 office (559)432-6745 fax
EXHIBIT C
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