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HomeMy WebLinkAbout012010 PC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II]. TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JANUARY 20, 2010 — 6:00 PM PRELUDE MUSIC: CALL TO ORDER: Flag Salute: Roll Call: PUBLIC COMMENTS Earlene Bundy Commissioner Carey Carey, Guerriero, Harter, Kight, and Telesio Next in Order: Resolution: 10-01 A total of 15 minutes is provided so members of the public may address the Commission on items that are not listed on the Agenda. Speakers are limited to three minutes each. If you desire to speak to the Commission about an item not on the Agenda, a salmon colored "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary prior to the Commission addressing that item. There is a three-minute time limit for individual speakers. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action.. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1 1.1 Approve the Minutes of December 16, 2009 COMMISSION BUSINESS PUBLIC HEARING 2 Planning Application No. PA09-0316 , a Conditional Use Permit to authorize Francesca's Italian Kitchen to sell wine, beer and distilled spirits (Type -47 ABC License) in an existing building located at 31165 Temecula Parkway, Dana Schuma RECOMMENDATION: 2.1 Adopt a resolution entitled: PC RESOLUTION NO. 10- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09-0316, A CONDITIONAL USE PERMIT TO AUTHORIZE FRANCESCA'S ITALIAN KITCHEN TO SELL WINE, BEER, AND DISTILLED SPIRITS FOR ON-SITE CONSUMPTION (TYPE -47 ABC LICENSE) IN AN EXISTING BUILDING LOCATED AT 31165 HIGHWAY 79 SOUTH (APN 961-010-031) REPORTS FROM COMMISSIONERS PLANNING DIRECTOR REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, February 3, 2010, 6:00 PM City Council Chambers, 43200 Business Park Drive, Temecula, California. NOTICE TO THE PUBLIC - The agenda packet (including staff reports) will be available for viewing at City Hall's Planning Department Public Counter located at 43200 Business Park Drive and at the Temecula Library located at 30600 Pauba Road during normal business hours. Additionally, any supplemental material distributed to a majority of the Commissioners regarding any item on the Agenda, after the posting of the Agenda, will be available for public review at the locations indicated above. The packet will be available for viewing the Friday before the Planning Commission meeting after 4:00 p.m. You may also access the packet the Friday before the meeting after 4:00 p.m. on the City's website at www.cityoftemecula.orq. 2 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE DECEMBER 16, 2009 — 6:00 PM PRELUDE MUSIC: CALL TO ORDER: Flag Salute: Roll Call: ABSENT: Earlene Bundy Commissioner Guerriero Carey, Guerriero, Harter, Kight, and Telesio KIGHT CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Next in Order: Resolution: 09-30 Approve the Minutes of December 2, 2009 APPROVED 4-0-1-0, MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER TELESIO; VOICE VOTE REFLECTED APPROVAL; KIGHT ABSENT 2 Director's Hearing Summary Report RECOMMENDATION: 2.1 Receive and File the Director's Hearing Summary Report APPROVED 4-0-1-0, MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER TELESIO; VOICE VOTE REFLECTED APPROVAL; KIGHT ABSENT COMMISSION BUSINESS 3 Elect Chair and Vice Chair for 2010 APPROVED 4-0-1-0, COMMISSIONER CAREY TO SERVE AS CHAIRMAN, COMMISSIONER KIGHT TO SERVE AS VICE CHAIRMAN, MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER TELESIO, VOICE VOTE REFLECTED APPROVAL; KIGHT ABSENT PUBLIC HEARING ITEMS 4 CONTINUED FROM NOVEMBER 18, 2009 MEETING: Planning Application No. PA08- 0117, a Conditional Use Permit and Antenna Facility Application for a cell tower developed as three 35 -foot flag poles with an equipment enclosure located 45100 Redhawk Parkway, Eric Jones CONTINUED TO MARCH 17, 2010 4-0-1-0, MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER TELESIO, VOICE VOTE REFLECTED APPROVAL; KIGHT ABSENT 1 RECOMMENDATION: 4.1 Adopt a resolution entitled: PC RESOLUTION 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0117, A CONDITIONAL USE PERMIT AND ANTENNA FACILITY APPLICATION FOR A TELECOMMUNICATIONS FACILITY DEVELOPED AS THREE 35' FLAG POLES LOCATED AT 45100 REDHAWK PARKWAY (APN 962-040-012) Ron Turco, Rancho Serrano HOA President, addressed the Planning Commission. Peter Chalmers, Rancho Serrano resident, addressed the Planning Commission. Peggy Erfle, Rancho Serrano resident, addressed the Planning Commission. Tom Marmolejo, Rancho Serrano resident, addressed the Planning Commission. Harry Garnett, Redhawk resident, addressed the Planning Commission. Sara Balder, Redhawk resident, addressed the Planning Commission. Hubert Davis, Redhawk resident, addressed the Planning Commission. REPORTS FROM COMMISSIONERS PLANNING DIRECTOR REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, January 20, 2010, 6:00 PM City Council Chambers, 43200 Business Park Drive, Temecula, California. Carl Carey Chairman 2 Patrick Richardson Director of Planning and Redevelopment DATE OF MEETING: PREPARED BY: PROJECT SUMMARY: RECOMMENDATION: CEQA: STAFF REPORT— PLANNING CITY OF TEMECULA PLANNING COMMISSION January 20, 2010 Dana Schuma, Case Planner Planning Application No. PA09-0316, a Conditional Use Permit to authorize Francesca's Italian Kitchen to sell wine, beer, and distilled spirits for on-site consumption (Type -47 ABC license) in an existing building located at 31165 Highway 79 South Approve with Conditions Categorically Exempt Section 15301, Class 1 Existing Facilities PROJECT DATA SUMMARY Name of Applicant: General Plan Designation: Zoning Designation: Existing Conditions/ Land Use: Site: North: South: East: West: Michael Brewer Professional Office (PO) Temecula Creek Village Planned Development Overlay District -4 (PDO -4) Existing Commercial Retail Center Rancho Community Church Temecula Creek Existing Multifamily Residential Units Existing Commercial Retail Businesses BACKGROUND SUMMARY On October 27, 2009, Michael Brewer submitted Planning Application No. PA09-0316, a Conditional Use Permit for the restaurant to sell wine, beer, and distilled spirits with a Type -47 ABC license (On -Sale General Eating Place) in the Temecula Creek Village Planned Development Overlay District -4 (PDO -4) zoning district addressed as 31165 Temecula Parkway. The existing restaurant occupies a 2,500 square foot suite in the Temecula Creek Village retail/support commercial area. A detailed Statement of Operations and Letter of Justification have been attached. Proposed hours of operation will be as follows: Monday, 4 p.m. to 9 p.m. Tuesday through Sunday, 12 p.m. to 9 p.m. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS Per the City's Development Code, alcoholic beverage sales are conditionally permitted in the retail area of the PDO -4 zoning district; therefore the restaurant is required to obtain a Conditional Use Permit through the City of Temecula Planning Department to sell wine, beer, and distilled spirits with a Type -47 ABC license. The Section 17.10.20B of the Development Code requires that the alcohol selling business be at least 500 feet away from sensitive uses (schools, parks, religious institution); however, this requirement shall not apply when the alcohol -selling business and the church, school or park are both located within commercial or industrial zones. There are not any existing religious facilities, schools, or parks within 500 feet of Francesca's Italian Kitchen. The California Department of Alcohol Beverage Control (ABC) considers the Census Tract in which the project site is located to be "over -concentrated" in both on -sale and off -sale licenses. However, ABC does not require that the Planning Commission make Public Convenience or Necessity findings for restaurants in over -concentrated areas. Staff has determined that the consumption and sale of wine, beer, and distilled spirits at this location is a compatible and consistent land use when compared to the other commercial retail type businesses in the surrounding area. As provided by the State of California Department of Alcohol and Beverage Control, the Census Tract is considered over -concentrated when there are more than three existing licenses. Currently, there are 38 active licenses for on-site consumption within Census Tract 0432.14. Of the 38 active licenses, there are eight Type -47 licenses within the Census Tract. These businesses are dispersed throughout the Census Tract. Currently, the following businesses have a Type -47 license: Applebee's Neighborhood Grill and Bar, Killarney's Pub and Grill, La Cocina Mexican Kitchen, Pechanga Resort and Casino, Redhawk Golf Course, Stagecoach Inn, and Temecula Creek Inn. The new license for Francesca's would not result in an excessive number of similar establishments within the Census Tract. Another license would result in added convenience for patrons within the Temecula Creek Village center. Francesca's will have a full service bar offering a full variety of wines, beers, and distilled spirit drinks. Operations will include serving traditional Italian cuisine with fresh local and organic ingredients. The proposed use does not jeopardize or adversely affect the character of the area and would provide for convenience and expanded service for the restaurant's patrons, and would allow the restaurant to be more competitive with other establishments in the area. The Police Department reviewed the proposal and approves the project subject to conditions prohibiting the sale of alcohol between the hours of 2 a.m. and 6 a.m. (PD -8). LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on January 9, 2010, and mailed to the property owners within the required 600 -foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1 Existing Facilities). The request for a Minor Conditional Use Permit for a Type -47 ABC license at the proposed site will be conducted within an existing building in a developed retail commercial area. All access and public utilities are available to the site. The proposed use, with issuance of a CUP, is in conformance with all zoning requirements of the Development Code, Planned Development Overlay District -4, and the General Plan. FINDINGS Conditional Use Permit (Development Code Section 17.04.010E) The proposed conditional use is consistent with the General Plan and the Development Code. The proposed use is conditionally permitted in the PDO -4 zoning district. The proposed use is consistent with the City of Temecula General Plan which specifies that the Professional Office (PO) designation includes professional office and service oriented business activities serving the entire community. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of use proposed. The use, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the Department of Alcoholic Beverage Control (ABC), California Environmental Quality Act (CEQA), and fire and building codes. 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 is compatible with the nature, condition and development of adjacent uses, buildings and structures. The use is in an existing building within a well developed retail area. The proposed conditional use will provide additional convenience for the community, and allow the business to be competitive with other establishments in area. The conditional use has also been reviewed by the City of Temecula Fire, Building and Safety, Public Works and Police Department to ensure the sale of alcohol will operate safely and not affect any adjacent uses, buildings or structures. 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 the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The site for the conditional use is adequate in size and shape to accommodate the yards, walls, fences, loading facilities, buffer areas, landscaping and other development features described in the City of Temecula Development Code as well as other governing regulations. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The proposed project is consistent with the requirements outlined in Chapter 17 22.130 and 97.22.9368 of the City of Temecula's Development Code. The requirements for the proposed conditional use are intended to protect the health and safety of those in and around the site. The City of Temecula Planning, Fire, Building and Safety, Public Works and Police Departments have reviewed this Conditional Use Permit and determined that it will not be detrimental to the health, safety and welfare of the community as conditioned. In addition, the Riverside County Department of Environmental Health has also reviewed and conditioned the project. That the decision to conditionally approve the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission. The decision to conditionally approve the application has been based on substantial evidence in view of the record as a whole. ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Statement of Operations Statement of Justification Notice of Public Hearing VICINITY MAP -DEPORTOLA 0 180 360 54 20 Fet -GABRIELLELN-- PLAN REDUCTIONS j SIGNALIZED INTERSECTION HIGHWAY 79 (SOUTH) :' �: fir_ _-� .-- 517E PLAN CID EXISTING PARKING TABULATIONS °s sm. ROM,. um ym »-40000 P.1..N..,m00 eo (any - PM• - LNIND ISSACCD ST Ate H.C. PARKING: (wowm a 0w w mw nws rmmmm) am ANAL ASCESSISLE 10073HC SPICES ant 'IC TOTAL ACCESS= FAMME PitOMEN SYMBOLS tfes • ecar cot* spas count Re gisir 0000000000 w � YR NSA SUM MIMED tat NAM SITE PLAY 14 -LO IO=Y NOTES .a imit BUILT-UP ROOF SPECIFICATION 1 - (- ron wpm mmv tea. Wawa aon�atm mar"' warm,. was iorna nnisa FWD MIK Pi Mg. 6 SD. MD L. Y. Cue19112,Der mK 1a LIIIIIM(4.00/4 Ar IT. ,�„ 0 ROOF PLAN ROOF PLAN NOTES 1- 7EMECULA CREEK PLAZA ,aa.,..,u SIZIODIDVAVII 1:0110Plef Dalt SHOP "G' ROOF PLAN 4,444.a44v '. YEYNAN 24/2,621 °e . . —rte e14. mL MAYA 7Al!LACKLMAE44, A2.51 0 m 000 0�n,m 0 n� 0 n0.....0..: ° °tntEB 2. mo8�888m ��� ..m,..,.�., _ �F a 111 111...am cull tr.- ll�llh , . l:. Yiiu yu a uy 1 I ,,„.„,.....„....m ID a ac an `■■�I ii II 3� iii ioi I Mi ii _MF cm aII Iii IP am eesii o ❑ og 1 mnm 1 1 nm J R _ E " "°� ,�_mm TEAECU[A CREEK PLAL soar SOUTH ELEVATION 1 v-*ro{t, 0 8 :.o 4 oo4 nn at 08 00 nnnt� 0©00$0 mm�m m o go o .n11JIIIII.IIIIIIIIIIIIL.. r t� . �I•rhIIIIIll 1.._ e : � ,eeoeAp I'L J- SHOP "G•. Le.I 4 KEYNOTES 1- (-J I EXTERIOR v}. • ELEVATIONS I . . .0...,.,.._,„„,um. . oma- o nrit s •o .^«p. 1 J m n m1 m L9 O • Q. �r:.. w.n- w�. ., �„--- 0---- 0.--,,----. G: NORTH ELEVATION :m-''�(2)FINISH LEGEND I- (-1 ��� 8omo8 mo�n8o g g©oo goon �og© m mm R o© Dann „�,I --{� 111 IOuj� �'I .III �Y RAN em e Illi DA7 yi I If , : �� ll ,gam,. i•I! mJ m mm J nn 0•0 J - mm J 818 43p .,E., A3.50 WEST ELEVATION 1vr-v-{4; EAST ELEVATION Ivr - .-'CD PAINT AND PLASTER NOTES 1- (-' - CONSTRUCTION NOTES. 2020: neo lemur To mode/ PROTECT ,N PLACE. wlW amW Pwrm dP0.a.N PLACE. ,rm LE. W PROTECT IN auc. RILL CCIOICIE swer.0.0 19 PORN/ rtmn,NP¢. axW m atmc0 IN rva. eV Nmscr IN 2000. conier rue Alma_ s.rT f nail, a {mcnrs 1 020 495 IS 3271.5 5 Eft EA I EA 2 go( i COVERER AREA 2N.N,n 900 ,m mcounixr amp ewe egos at _ sir PL.,, MOCK( 932.04.0E COME= 3' IL OMR 4.r CLASS II ense von AVIIIIERILE Ikems) 00ir0V MARK.05 ( YID amen- �. lei. ww. mmo emnw r0 srmeow? PmeaAmi I0IGrrm neo Ili rack (IF Reno uio A:; • ®01.0.,0.010 vru �N6ws.,.mrc0GRA. 7 - too -m FLOOD L UB RREED10.0adi ann. 100 -YR FLOOD UIDT�' BUILDING 'B' OFFICE BUILDING F.F. 17.46 PAD 16.71 BUILDING 'A' F.F. 19.05 urn PAD.N.00 WIL Underground service Alert ENGHJEEBNG Pomba BOA* augM9 01000000000 20000 ControRtm 0000 11rtee CATE RECISICIIS ams cur RAW 117E 'B' RIP cam... 91IET 2 CMS CUT RAW TYPE Er l'Ell CCTAIL al SHEET .2 mamaaW INRvm 00000. RAGVAitreatiARES nm .• 20x. sPAanw. Mt. it0 F2-91 DISOBtat IGNED EV swan CVO= BC ea l0arrx DIERDX101011 /V 110010ST RICE neat PRICE AIRCO ERE =RIM 2' PAT ICICRIREASTFIDCE COWL SET ICORAS5111.35 PM( 9E101 61•11111/91L VERTICAL W0 Pins Proper. ,02.,.. a. -.,.la o, DORM ,leu 4. DIPL0M CC FROLIC *200 A abfb P/AOC CEA¢ Nuc CITY OF TEMECULA seAem,r MOS -07308 BUILDIIW ARO SAFETY Precise Grading Plan 0B1RCULA Cltill.i PLAZA PARCELS I =Y 7, p0LWlpb OP PAS,, 00!P /Pi 20408 PA 04-0637 ger a op 6 PC RESOLUTION PC RESOLUTION NO. 10- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09-0316, A CONDITIONAL USE PERMIT TO AUTHORIZE FRANCESCA'S ITALIAN KITCHEN TO SELL WINE, BEER, AND DISTILLED SPIRITS FOR ON-SITE CONSUMPTION (TYPE -47 ABC LICENSE) IN AN EXISTING BUILDING LOCATED AT 31165 HIGHWAY 79 SOUTH (APN 961-010-031) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On October 27, 2009, Michael Brewer filed Planning Application No. PA09-0316, a Conditional Use Permit, 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 January 20, 2010, 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 Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA09-0316 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 17.04.010E) 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 use is conditionally permitted in the PDO -4 zoning district. The proposed use is consistent with the City of Temecula General Plan which specifies that the Professional Office (PO) designation includes professional office and service oriented business activities serving the entire community. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of use proposed. The use, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the Department of Alcoholic Beverage Control (ABC), California Environmental Quality Act (CEQA), and fire and building codes. 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 is compatible with the nature, condition and development of adjacent uses, buildings and structures. The use is in an existing building within a well developed retail area. The proposed conditional use will provide additional convenience for the community, and allow the business to be competitive with other establishments in area. The conditional use has also been reviewed by the City of Temecula Fire, Building and Safety, Public Works and Police Department to ensure the sale of alcohol will operate safely and not affect any 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 the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The site for the conditional use is adequate in size and shape to accommodate the yards, walls, fences, loading facilities, buffer areas, landscaping and other development features described in the City of Temecula Development Code as well as other governing regulations. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The proposed project is consistent with the requirements outlined in Chapter 17.22.130 and 17.22.136B of the City of Temecula's Development Code. The requirements for the proposed conditional use are intended to protect the health and safety of those in and around the site. The City of Temecula Planning, Fire, Building and Safety, Public Works and Police Departments have reviewed this Conditional Use Permit and determined that it will not be detrimental to the health, safety and welfare of the community as conditioned. In addition, the Riverside County Department of Environmental Health has also reviewed and conditioned the projec E. That the decision to conditionally approve the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission; The decision to conditionally approve the application has been based on substantial evidence in view of the record as a whole. 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 (Section 15301, Class 1, Existing Facilities). 1. The request for a Minor Conditional Use Permit and Finding of Public Convenience or Necessity for a Type -47 ABC license at the proposed site will be conducted within an existing building in a developed retail commercial area. All access and public utilities are available to the site. The proposed use, with issuance of a CUP, is in conformance with all zoning requirements of the Development Code, Planned Development Overlay District -4, and the General Plan. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA09-0316, a Conditional Use Permit for the incidental sale of alcohol at Francesca's located at 31165 Temecula Parkway, 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 January 2010. Carl Carey, Chairman ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 10- 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 January 2010, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA09-0316 and PA09-0317 Project Description: A Conditional Use Permit to authorize Francesca's Italian Kitchen to sell wine, beer, and distilled spirits for on-site consumption (Type -47 ABC license) in an existing building located 31165 Temecula Parkway Assessor's Parcel No.: 961-010-031 MSHCP Category: N/A DIF Category: N/A TUMF Category: N/A Approval Date: January 20, 2010 Expiration Date: January 20, 2012 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL -1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty -Four Dollars ($64.00) 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 Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). General Requirements PL -2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection 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. PL -3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL -4. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant 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. PL -5. The Planning Director may, upon an application being filed within 30 days prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. PL -6. A separate building permit shall be required for all signage. PL -7. The applicant shall comply with their Statement of Operations dated January 4, 2010, on file with the Planning Department, unless superseded by these Conditions of Approval. PL -8. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL -9. The City, its Planning Director, 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 Planning Director, Planning Commission and City Council is in addition to, and not in - lieu of, the right of the City, its Planning Director, 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. PL -10. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.A.D.) training from the California Department of Alcoholic Beverage Control. PL -11. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (951-676-5090). PL -12. No live entertainment is permitted with this approval. PL -13. Regular hours of operation shall be Monday 4 p.m. to 9 p.m. and Tuesday through Sunday 12 p.m. to 9 p.m. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL -14. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. OUTSIDE AGENCIES PL -15. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated November 4, 2009, a copy of which is attached. POLICE DEPARTMENT General Requirements PD -1. Applicant has applied for a Type 47 On -Sale General — Eating Place (Restaurant) which authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises and authorizes the sale of beer and wine for consumption off the licensed premises. Applicant must operate and maintain the licensed premises as a bona fide eating place. Minors are allowed on the premises. PD -2. Applicant will comply with Temecula Municipal Code section 9.14.010, No consumption of alcoholic beverages in public. PD -3. Applicant will ensure that no alcohol is sold to or consumed by any person under the age of 21. PD -4. Identification will be verified utilizing one of the following: (a) valid California driver's license; (b) valid California identification card; (c) valid military identification card (active/reserve/retired/dependent); (d) valid driver's license from any of the 50 States or a Territory of the United States; (e) valid U.S. Passport; (f) valid government issued identification card issued by a Federal, State, and County or City agency. PD -5. As noted above, onlya valid government issued identification card issued bya Federal, State, County or City agency is acceptable, providing it complies with Section 25660 of the Business and Profession Code (B&P), which includes the following requirements: (a) name of person; (b) date of birth; (c) physical description; (d) photograph; (e) currently valid (not expired). PD -6. Sections 24200.5 (b) and 25657 (a) (b) B&P; Rule 143 CCR: Section 303 (a) (PC): On - sale licensees may not: (a) employ hosts, hostesses, or entertainers who solicit others to buy them drinks, alcoholic or non-alcoholic; (b) pay or agree to pay such an employee a percentage of the receipts from the sales of drinks solicited; (c) permit any person whether an employee or not, to loiter for the purpose of soliciting an alcoholic drink. PD -7. Type 41, 47 and 49 licensees must operate and maintain their licensed premises as a bona fide eating place. They must make actual and substantial sale of meals, during the normal meal hours that they are open, at least five days a week. Normal meal hours are: breakfast 6:00 a.m. — 9:00 a.m., lunch 11:00 a.m. — 2:00 p.m., and dinner 6:00 p.m. —9:00 p.m. Premises that are not open five days a week must serve meals on the days they are open. The premises must be equipped and maintained in good faith. This means the premises must possess working refrigeration and cooking devices, pots, pans, utensils, table service, condiment dispensers, menus, posters, signs, and enough goods to make substantial meals. The premises must comply with all regulations of the local health department. Incidental, sporadic or infrequent sales of meals or a mere offering of meals without actual sales is not compliance. "Meals" means the usual assortment of food commonly ordered at various hours of the day. The service of only sandwiches or salads is not considered compliance. However, certain specialty entrees, such as pizza, fish or ribs, and an assortment of other foods, such as soups, salads or desserts, may be considered a meal. The Department will presume that a licensee is operating as a bona fide eating place if the gross sales of food prepared and sold to guests on the premises exceeds the gross sales of alcoholic beverages. "Prepared" means any processing preliminary to the final serving of food. (Note: Some licensees have a "conditional" license that requires food sales to be 50% or more of the total gross sales Sections 23038 and 23787 B&P). PD -8. Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P Code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00 a.m. Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter that the law. Those licenses are marked "Conditional" (23805 B&P). PD -9. Police officers, sheriff's deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at anytime during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer (Sections 25616, 25753, and 25755 B&P; 148 and 241 (b) PC). PD -10. Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off sale) that: (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc; and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution narcotics, etc. The licensed premise includes the parking lot (Section 25601 B&P; 316 PC). PD -11. On -sale licensees who offer entertainment must abide by the following rules: (1) no licensee shall permit any person to perform acts of or acts which simulate; (a) sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law, (b) the touching, caressing or fondling on the breast, buttocks, anus or genitals, (c) the displaying of the pubic hair, anus, vulva or genitals; and, (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus (Rule 143.3 CCR. Also violates sections 311.6 PC if conduct is "obscene," e.g. intercourse, sodomy masturbation, etc.). PD -12. Licensees may not permit their licensed premises to be a problem for the local law enforcement agency by needing an undue number of calls for service. The licensed premise includes the parking lot (Sections 24200 (a) (B&P). PD -13. Any questions regarding these conditions should be directed to Temecula Police Department Crime Prevention office at (951) 695-2773. BUILDING AND SAFETY DEPARTMENT General Requirements/Information B-1. All design components shall comply with applicable provisions of the 2007 edition of the California Building, Plumbing and Mechanical Codes; 2007 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. B-2. Submit three copies of plans for any proposed tenant improvements to the Building and Safety Department for review and approval. Structural plans and calculations shall be stamped and wet signed by the engineer of record. Plumbing, electrical and/or mechanical plans shall be stamped and wet signed by a registered professional engineer or architect licensed by the State of California or by the licensed electrical contractor completing the work. B-3. Obtain all permits and inspections for required work noted above prior to event during regular City business hours. L�COI,.4"I'Y OF RIVERSIDE • COMML.4ITY HEALTH AGENCY DEPARTMENT OF ENVIRONMENTAL HEALTH City of Temecula Planning Department c/o Dana Schuma PO BOX 9033 Temecula, CA 92589-9033 04 November 2009 RE: PA09-0316 The Department of Environmental Health (DEH) has received and reviewed the PA09- 0316 (related case PA09-0317) for the Minor Conditional Permit to allow for the sale of beer, wine, and distilled spirits at Francesca's Italian Kitchen located 31165 Temecula Parkway, Building G Suite A, under the applicant: Michael Brewer. The restaurant building located on this Assessor's Parcel Nuinber (APN 961-010-027 is connected to a potable water line and sanitary sewer from an approved purveyor. Any food vending or restaurant use of the building shall require REHS inspector compliance by the County of Riverside DEH. Please contact Bonnie Dierking, Supervising REHS at 951.461.0284 for any food plan check items on this matter. If your have any questions, please do not hesitate to call me at 951.955.8980 Sincerely, Gregor ellenbach, REHS EHS091082 Local Enforcement Agency • P.O. Box 1280, Riverside, CA 92502-1280 • (951) 955-8982 • FAX (951) 781-9653 • 4080 Lemon Street, 9th Floor, Riverside, CA 92501 Land Use and Water Engineering • P0. Box 1206, Riverside, CA 92502-1206 • (951) 955-8980 • FAX (951) 955-8903 • 4080 Lemon Street, 2nd Floor, Riverside, CA 92501 STATEMENT OF OPERATIONS Statement of Operations January 4, 2010 Francesca's submits the following information of our operations. Logo It LLC, dba as Francesca's is a place where authentic and traditional Italian cuisine is prepared using high quality local and organic ingredients and served in a refined style. Francesca's is about experiencing a feast — a celebration shared with family and friends and a warm family oriented Italian setting. The restaurant will be able to seat around 90 patrons. Our restaurant gives every patron the feeling of being in Italy with out the jetlag. The restaurant will be open seven days a week for dinner from 4:OOpm — 9:00pm. Lunch will be served six days a week from 12:OOpm — 3:OOpm. Tuesday through Sunday the restaurant will be open from 12pm- 9:00 pm serving lunch, dinner and drinks. On Mondays the restaurant will be open from 4:OOpm — 9:OOpm serving only dinner and drinks. Our restaurant offers an extensive array of appetizers, salads, Italian specialties, traditional pasta dishes and of course pizza in a family oriented atmosphere. Some of our specialties range from Eggplant parmigana to Ravioli lobster; we have something to please every palate. Our restaurant offers our guests a true Italian feel inviting to all ages. We have a total of 9 employees all of which exude a warm, friendly and energetic spirit that serves to convey a sense of honest value and a commitment to totally exceed the expectations of our guests. Since our location is in the Temecula Creek Plaza shopping center there is a designated parking lot for our patrons which over 20 parking spaces for Francesca's Italian Kitchen. Francesca's has a full sized kitchen that accommodates fine dining as well as casual dining requirements and occupies approximately 30% of our space. Our kitchen includes ovens, grills, sinks, blenders, refrigeration systems, and microwaves all the necessary items for a restaurant. STATEMENT OF JUSTIFICATION Statement of Justification Francesca's Italian Kitchen has been offering food and beverages in this community for the last two years. Adding a full bar will not create a strain on this business. The goal of the addition of a full bar to Francesca's Italian Kitchen is to offer more selection to the patrons of this restaurant. This site is suitable and adequate for and upgrade from a type 41 On Sale Beer and Wine license to a type 47 On Sale General Eating Place license as a restaurant within the context of a retail shopping center, the site is both appropriate and suitable. In addition the upgrade of the alcoholic beverage license will not have any adverse effect on the traffic circulation and on the planned capacity of the street system because the restaurant has exited for the past two years without complication. The upgrade will not have a substantial adverse impact on the general welfare of persons residing in the community as well, due to the full service restaurant being located in a shopping center and within a business and industrial area. In addition, the design of the project is compatible with the existing development with in the district and its surroundings. NOTICE OF PUBLIC HEARING Case No: Applicant: Proposal: Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: PA09-0316 Francesca's Italian Kitchen A Conditional Use Permit to authorize Francesca's Italian Kitchen to sell wine, beer, and distilled spirits (Type -47 ABC license) located at 31165 Temecula Parkway In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA Section 15301, Class 1 Existing Facilities. Dana Schuma, (951) 693-3928 City of Temecula, Council Chambers January 20, 2010 6:00 p.m. Any person may submit written comments to the Planning Commission before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of the hearing. Any petition for judicial review of a decision of the Planning Commission is controlled by the statute of limitations provisions set forth in Sections 1094.5 and 1094.6 of the California Code of CMI Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission, shall be limited to those issues raised at the hearing as provided in Chapter 2.36 of the Temecula Municipal Code. Copies of the procedures for the conduct of City Council, Planning Commission, and Planning Director public hearings are available from the City Clerk. If you wish to challenge the above [project] in court, the challenge will be limited to only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice, and must be commenced within the time limit specified in Section 1094.5 and Section 1094.6 of the California Code of Civil Procedure. The proposed project application may be viewed at the City of Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner at (951) 693-3928.