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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 f-a `x�.. ,`y.°"�`"<. S_m °,■� PA23-0027 o-a ..wex* saN ro Rsw,v" Plan Reductions n cower, Dy .° x �fa.RD — —���-- Calm) m a m EDDP >w w.c ANEAN-2 Ilan m-err cw Re,.yw to cn,E a....ws f ` \ \ \\� \ yC ' •`� \� \ � -m •, � I mOTM xe crr L nR.wN*>...rcN k ..vw w[ne �ea]iQOP,vro. 2,0839 Oi10NdQ S.F. O • � n-e �\ � et • � �; j lb w..w m-n \) \ � h' \� - >.t \\ %y'j m-m a �4 D.ac+.o[.[� O Pye.z.e.etxcPLr.exnDR.wy>z. . e.. atir >w.. \ - . 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