HomeMy WebLinkAbout101613 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
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TEMECULA PLANNING COMMISSION
REGULAR MEETING
CITY COUNCIL CHAMBERS
41000 MAIN STREET
OCTOBER 16, 2013 — 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: 13 -40
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 Approve the Action Minutes of October 2, 2013
1
2 Director's Hearing Summary Report
RECOMMENDATION:
2.1 Receive and File
PUBLIC HEARING ITEMS
Any person may submit written comments to the Planning Commission before a public
hearing or may appear and be heard in support of or in opposition to the approval of the
project(s) at the time of hearing. If you challenge any of the projects in court, you may be
limited to raising only those issues you or someone else raised at the public hearing or in
written correspondences delivered to the Commission Secretary at, or prior to, the public
hearing.
Any person dissatisfied with any decision of the Planning Commission may file an appeal
of the Commission's decision. Said appeal must be filed within 15 calendar days after
service of written notice of the decision, must be filed on the appropriate Planning
Department application and must be accompanied by the appropriate filing fee.
3 Planning Application No. PA13 -0187, a Home Product Review for Belle Maison by
Lennar Homes featuring one -and two -story homes on 37 lots, located on the northwest
corner of Butterfield Stage Road and Chemin Clinet, Eric Jones
RECOMMENDATION:
3.1 Adopt a resolution entitled:
PC RESOLUTION NO. 13-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. PA13 -0187, A
HOME PRODUCT REVIEW APPLICATION FOR BELLA MAISON BY
LENNAR HOMES FEATURING ONE- AND TWO -STORY HOMES ON 37
LOTS, LOCATED ON THE NORTHWEST CORNER OF BUTTERFIELD
STAGE ROAD AND CHEMIN CLINET (TRACT MAP NO. 23103 -2)
4 Planning Application No. PA13 -0165, a Modification to a previously approved Minor
Conditional Use Permit for Aftershock Brewery to extend their operating hours to 8 p.m.
and to relocate the business to a new suite within the same building, located at 28822
Old Town Front Street, Eric Jones
RECOMMENDATION:
4.1 Adopt a resolution entitled:
PC RESOLUTION NO. 13-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. PA13 -0165, A
MODIFICATION TO A PREVIOUSLY APPROVED MINOR CONDITIONAL USE
2
PERMIT FOR AFTERSHOCK BREWERY TO EXTEND THEIR OPERATING
HOURS TO 1 P.M. TO 8 P.M. FROM THE PREVIOUSLY APPROVED 1 P.M.
TO 6 P.M. AND TO RELOCATE THE BUSINESS TO A NEW SUITE WITHIN
THE SAME CENTER LOCATED AT 28822 OLD TOWN FRONT STREET (APN
922 -093 -003)
REPORTS FROM COMMISSIONERS
REPORTS FROM COMMISSION SUBCOMMITTEE(S)
DIRECTOR OF COMMUNITY DEVELOPMENT REPORT
ADJOURNMENT
Next regular meeting: Planning Commission, Wednesday, November 6, 2013, 6:00 PM City
Council Chambers, 41000 Main Street, Temecula, California.
NONCE TO THE PUBLIC
The agenda packet (including staff reports) will be available for public viewing in the Main Reception area at the Temecula Civic
Center (41000 Main Street, Temecula) after 4:00 PM the Friday before the Planning Commission meeting. At that time, the agenda
packet may also be accessed on the City's website — www.cityoftemecula.orq — and will be available for public viewing at the
respective meeting.
Supplemental material received after the posting of the Agenda
Any supplemental material distributed to a majority of the Commission regarding any item on the agenda, after the posting of the
agenda, will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula,
8:00 AM — 5:00 PM). In addition, such material may be accessed on the City's website — www.cityoftemecula.orq — and will be
available for public viewing at the respective meeting.
If you have questions regarding any item on the agenda for this meeting, please contact the Planning Department at the Temecula
Civic Center, (951) 694 -6400.
3
ACTION MINUTES
TEMECULA PLANNING COMMISSION
REGULAR MEETING
CITY COUNCIL CHAMBERS
41000 MAIN STREET
OCTOBER 2, 2013 — 6:00 PM
PRELUDE MUSIC:
CALL TO ORDER:
Flag Salute:
Roll Call:
ABSENT:
Earlene Bundy
Commissioner Harter
Carey, Guerriero, Harter, Kight, and Telesio
GUERRIERO
Next in Order:
Resolution: 13 -35
PRESENTATIONS /PROCLAMATIONS
1 Business Spotlight Recognition Presentation, Optiforms, Christine Damko
PUBLIC COMMENTS
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.
Paul Jacobs, Temecula resident, addressed the Commission
CONSENT CALENDAR
2 Minutes
RECOMMENDATION:
2.1 Approve the Action Minutes of July 17, 2013 APPROVED 3- 0 -1 -1; MOTION BY
COMMISSIONER CAREY, SECOND BY COMMISSIONER HARTER; VOTE
REFLECTED APPROVAL; GUERRIERO ABSENT, KIGHT ABSTAINED
3 Director's Hearing Summary Report
RECOMMENDATION:
3.1 Receive and File Director's Hearing Summary Report RECEIVE AND FILE
1
COMMISSION BUSINESS
4 Status of the City's participation in the Western Riverside Energy Leadership
Partnership, Dale West
RECOMMENDATION:
4.1 Receive and File RECEIVE AND FILE
PUBLIC HEARING ITEMS
Any person may submit written comments to the Planning Commission before a public
hearing or may appear and be heard in support of or in opposition to the approval of the
project(s) at the time of hearing. If you challenge any of the projects in court, you may be
limited to raising only those issues you or someone else raised at the public hearing or in
written correspondences delivered to the Commission Secretary at, or prior to, the public
hearing.
Any person dissatisfied with any decision of the Planning Commission may file an appeal
of the Commission's decision. Said appeal must be filed within 15 calendar days after
service of written notice of the decision, must be filed on the appropriate Planning
Department application and must be accompanied by the appropriate filing fee.
5 Planning Application Nos. PA13 -0086 and PA12 -0197, a Major Modification to allow a
facade redesign, change of exterior color, and construction of an entry lobby area
addition to the existing Iglesia Ni Cristo Church building, including an additional Major
Modification to replace an existing modular building with a new 3,580 square foot church
office building in the same location at 29385 Rancho California Road, Kenny Taylor
APPROVED 4- 0 -1 -0; MOTION BY COMMISSIONER KIGHT, SECOND BY
COMMISSIONER HARTER; VOTE REFLECTED APPROVAL; GUERRIERO ABSENT
5.1 Adopt a resolution entitled:
PC RESOLUTION NO. 13 -35
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NOS. PA13 -0086 AND
PA12 -0197, A MAJOR MODIFICATION TO ALLOW A FACADE REDESIGN,
EXTERIOR CHANGE OF COLOR, AND CONSTRUCTION OF AN ENTRY
1,036 SQUARE FOOT ENTRY LOBBY AREA ADDITION TO THE EXISTING
IGLESIA NI CRISTO CHURCH BUILDING, AND A MAJOR MODIFICATION
TO REPLACE AN EXISTING MODULAR BUILDING WITH A NEW 3,580
SQUARE FOOT CHURCH OFFICE BUILDING IN THE SAME LOCATION AT
29385 RANCHO CALIFORNIA ROAD (APN 944 - 290 -006)
6 Planning Application Nos. PA11 -0276, a Zone Change to change the zoning from
Professional Office to Planned Development Overlay 13 (PDO -13) and to create zoning
and residential development standards, PA11 -0277, a Tentative Tract Map to create 57
lots from three existing parcels, and PA11 -0275, a Development Plan to construct a
residential project on a 22.73 acre site consisting of a 270 unit condominium complex
with associated amenities and 49 age restricted single- family lots, and recommend City
Council certify the Environmental Impact Report, the Mitigation Monitoring and
Reporting Program, and Statement of Overriding Considerations. The project is located
2
at the northeast corner of Pechanga Parkway and Loma Linda Road, Eric Jones
APPROVED 3- 1 -1 -0; MOTION BY COMMISSIONER HARTER, SECOND BY
COMMISIONER KIGHT; VOTE REFLECTED APPROVAL; TELESIO AGAINST,
GUERRIERO ABSENT
RECOMMENDATION:
6.1 Adopt a resolution entitled:
PC RESOLUTION NO. 13 -36
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN
ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA11-
0276, A ZONING MAP AMENDMENT TO REVISE THE ZONING
DESIGNATION FROM PROFESSIONAL OFFICE (PO) TO PLANNED
DEVELOPMENT OVERLAY 13 (PDO -13) ON A 22.73 ACRE SITE,
GENERALLY LOCATED ON THE NORTHEAST CORNER OF PECHANGA
PARKWAY AND LOMA LINDA ROAD" (APN 961 -450 -012, 961 -450 -013, AND
961 -450 -003)
6.2 Adopt a resolution entitled:
PC RESOLUTION NO. 13 -37
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A
RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA11-
0277, A TENTATIVE TRACT MAP TO CREATE 57 LOTS FROM THREE
EXISTING PARCELS, GENERALLY LOCATED ON THE NORTHEAST
CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD" (APN 961-
450 -012, 961 -450 -013, AND 961 -450 -003)
6.3 Adopt a resolution entitled:
PC RESOLUTION NO. 13 -38
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A
RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA11-
0275, A DEVELOPMENT PLAN TO CONSTRUCT A RESIDENTIAL PROJECT
ON A 22.73 ACRE SITE CONSISTING OF A 270 CONDOMINIUM COMPLEX
AND ASSOCIATED AMENITIES AND 49 AGE RESTRICTED SINGLE - FAMILY
UNITS, GENERALLY LOCATED ON THE NORTHEAST CORNER OF
PECHANGA PARKWAY AND LOMA LINDA ROAD" (APNS 961 -450 -012, 961-
450 -013, AND 961 -450 -003)
6.4 Adopt a resolution entitled:
3
PC RESOLUTION NO. 13 -39
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE
ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE BELLA LINDA
RESIDENTIAL PROJECT, ADOPTING FINDINGS PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT
OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION
MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH
FOR THE BELLA LINDA RESIDENTIAL PROJECT, CONSISTING OF
APPROXIMATELY 22.73 ACRES, GENERALLY LOCATED ON THE
NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA
ROAD" (PA11 -0275, PA11 -0276, PA11 -0277) (APNS 961 -450 -012, 961 -450-
013, AND 961 -450 -003)
Paul Jacobs, Temecula resident, addressed the Commission
Wayne Hall, Temecula resident, addressed the Commission
REPORTS FROM COMMISSIONERS
DIRECTOR OF COMMUNITY DEVELOPMENT REPORT
ADJOURNMENT
Next regular meeting: Wednesday, October 16, 2013, 6:00 PM City Council Chambers, 41000
Main Street, Temecula, California.
John Telesio
Chairman
4
Patrick Richardson
Director of Community Development
CITY OF TEMECULA
COMMUNITY DEVELOPMENT
MEMORANDUM
TO: Planning Commission
FROM: Patrick Richardson, Director of Community Development
DATE: October 16, 2013
SUBJECT: Director's Hearing Summary Report
Planning Director's Agenda items for September, 2013
Date
Case No.
Proposal
Applicant
Action
September 19, 2013
PA12 -0249
A Minor Conditional Use Permit to allow
continued operations of RV Ready (RV
sales /display) at the former Kia World site
at 27500 Jefferson Avenue
Howard Parsell
APPROVED
Attachment:
Action Agenda
ACTION AGENDA
ACTION AGENDA
TEMECULA PLANNING DIRECTOR'S HEARING
REGULAR MEETING
SEPTEMBER 19, 2013 1:30 P.M.
TEMECULA CITY HALL
Great Oak Conference Room
41000 Main Street
Temecula, CA 92590
CALL TO ORDER: Patrick Richardson, Director of Community Development
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public can address the Director of
Community Development on items that are not listed on the Agenda. Speakers are limited
to three (3) minutes each. If you desire to speak to the Director about an item not listed on
the Agenda, a white "Request to Speak" form should be filled out and filed with the
Director.
When you are called to speak, please come forward and state your name and address.
Item No. 1
Project Number:
Project Type:
Project Title:
Applicant:
Project Description:
Location:
Environmental Action:
Project Planner:
ACTION:
1:30 p.m.
PA 12 -0249
Minor Conditional Use Permit
RV Ready
Howard Parse!!
A Minor Conditional Use Permit to allow continued operations of RV
Ready (RV sales /display) at the former Kia World site
27500 Jefferson Avenue
Section 15301 Class 1 Existing Facility
Kenny Taylor
APPROVED
NOTICE TO THE PUBLIC
The agenda packet (including staff reports) will be available for public viewing in the Main Reception area at the Temecula Civic Center
(41000 Main Street, Temecula) after 4:00 PM the Friday before the Director's Hearing. At that time, the agenda packet may also be
accessed on the City's website — www.cityoftemecula.orq— and will be available for public viewing at the respective meeting.
Supplemental material received after the posting of the Agenda
Any supplemental material distributed regarding any item on the agenda, after the posting of the agenda, will be available for public
viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula, 8:00 AM — 5:00 PM). In addition, such
material may be accessed on the City's website — www.cityoftemecula.orq — and will be available for public viewing at the respective
meeting.
If you have questions regarding any item on the agenda for this meeting, please contact the Planning Department at the Temecula Civic
Center, (951) 694 -6400.
r i
ITEM 3
j
PLAN REDUCTIONS
PC RESOLUTION
DATE OF MEETING:
PREPARED BY:
PROJECT
SUMMARY:
RECOMMENDATION:
CEQA:
STAFF REPORT— PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
October 16, 2013
Eric Jones, Case Planner
Planning Application No. PA13 -0165, a Modification to a previously
approved Minor Conditional Use Permit for Aftershock Brewery to
extend their operating hours to 1 p.m. to 8 p.m. from the previously
approved 1 p.m. to 6 p.m., and to relocate the business to a new
suite within the same center located at 28822 Old Town Front
Street.
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:
Lot Area:
Marvin Nigh, on behalf of Aftershock Brewery
Service Commercial (SC)
Service Commercial (SC)
Site: Existing Commercial Structure /Service Commercial (SC)
North: Existing Commercial Structure /Service Commercial (SC)
South: Existing Commercial Structure /Service Commercial (SC)
East: Interstate 15, Existing Commercial and Public Institution
Structures /Service Commercial (SC), Public Institution (PI)
West: Old Town Front Street, Vacant Lot /Service Commercial (SC)
Total Floor Area /Ratio:
Existinq /Proposed Min /Max Allowable or Required
2.29 Acres 0.92 Acres
N/A N/A
Landscape Area /Coverage: N/A N/A
Parking Required /Provided: N/A N/A
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BACKGROUND SUMMARY
On July 2, 2013 Marvin Nigh, on behalf of Aftershock Brewery, submitted Planning Application
No. PA13 -0165, a Modification Application for a previously approved Minor Conditional Use
Permit. The modification will allow the business to relocate to a different suite within the same
commercial center and extend the previously approved operating hours. 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
Aftershock Brewery is proposing to relocate their existing beer brewing establishment (Type -23
ABC License) to a new suite within the same Service Commercial (SC) center in which they
currently operate. The general public will still be able to purchase beer directly from the new
location. The business will offer beer tasting so that customers may sample products before
making a purchase. Retail /tasting hours will now be extended two hours and will be from 1 p.m.
to 8 p.m., seven days a week. The tasting room will total 390 square feet. This amount equates
to 15% of the total square footage of the use.
Per the Development Code, the Service Commercial designation is intended to provide for
retail, intensive commercial, and selected light manufacturing uses. Furthermore, the
Development Code states that alcoholic beverage sales in conjunction with an otherwise
allowable use are permitted in this zone upon approval of a Conditional Use Permit.
Staff has learned from the California Department of Alcoholic Beverage Control (ABC) that
a Public Convenience or Necessity application (PCN) will not be necessary for this use.
ABC does not take Census Tract information into account when evaluating Type 23
licenses for concentration levels. The only requirement is that a 30 -day posting from ABC is
placed on the property prior to the sale of alcohol.
LEGAL NOTICING REQUIREMENTS
Notice of the public hearing was published in the U -T San Diego on October 3, 2013 and mailed
to the property owners within a 900 -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.
The proposed use will not result in the creation of any new square footage to the structure or
changes to the site plan. All construction will be related to interior tenant improvements.
FINDINGS
Modifications (Development Code Section 17.05.030.E)
The proposed conditional use is consistent with the General Plan and the Development Code.
The proposed Minor Conditional Use Permit is intended to allow a brewery to provide tastings in
conjunction with retail sales. The business is located in an area zoned Service Commercial.
Retail uses are permitted within Service Commercial zones. Alcoholic uses are permitted when
in conjunction with an allowable use upon approval of a Conditional Use Permit.
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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 has been reviewed and appropriately conditioned by Building and
Safety, Fire, and the Police Department to ensure it is compatible with the nature, condition, and
development of adjacent uses, buildings and structures. Based on the provided Conditions of
Approval, the use will not adversely affect the 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 this development code and required by the planning
commission or council in order to integrate the use with other uses in the neighborhood.
To ensure the use is integrated with other uses in the neighborhood, the conditional use has
been reviewed and appropriately conditioned by Public Works, Building and Safety, Fire, and
the Police Department. The site 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.
The nature of the proposed conditional use is not detrimental to the health, safety and
general welfare of the community.
The project is in conformance with all requirements of the Development Code, Fire Code, and
Building Code. These codes contain provisions that ensure the protection of the public health,
safety, and general welfare. The project is not anticipated to have negative impact to the public
health, safety, and general welfare.
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 Commission.
The decision to conditionally approve the application for a Conditional Use Permit is based
on substantial evidence in view of the record as a whole before the Planning Commission.
ATTACHMENTS
Vicinity Map
Plan Reductions
Resolution
Exhibit A - Draft Conditions of Approval
Statement of Operations
Notice of Public Hearing
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PC RESOLUTION
PC RESOLUTION NO. 13-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA13 -0165, A MODIFICATION TO A
PREVIOUSLY APPROVED MINOR CONDITIONAL USE
PERMIT FOR AFTERSHOCK BREWERY TO EXTEND
THEIR OPERATING HOURS TO 1 P.M. TO 8 P.M. FROM
THE PREVIOUSLY APPROVED 1 P.M. TO 6 P.M. AND TO
RELOCATE THE BUSINESS TO A NEW SUITE WITHIN
THE SAME CENTER LOCATED AT 28822 OLD TOWN
FRONT STREET (APN 922 - 093 -003)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On July 2, 2013 Marvin Nigh, on behalf of Aftershock Brewery, filed
Planning Application No. PA13 -0165, a Modification Application for a previously
approved Minor 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 October 16, 2013, 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. PA13 -0165 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:
Modifications, Development Code Section 17.05.030.E
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 Minor Conditional Use Permit is intended to allow a brewery to
provide tastings in conjunction with retail sales. The business is located in an
area zoned Service Commercial. Retail uses are permitted within Service
Commercial zones. Alcoholic uses are permitted when in conjunction with an
allowable use upon approval of a Conditional Use Permit.
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 has been reviewed and appropriately conditioned
by Building and Safety, Fire, and the Police Department to ensure it is compatible
with the nature, condition, and development of adjacent uses, buildings and
structures. Based on the provided Conditions of Approval, the use will not
adversely affect the 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;
To ensure the use is integrated with other uses in the neighborhood, the
conditional use has been reviewed and appropriately conditioned by Public
Works, Building and Safety, Fire, and the Police Department. The site 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.
D. The nature of the proposed conditional use is not detrimental to the health,
safety and general welfare of the community;
The project is in conformance with all requirements of the Development Code,
Fire Code, and Building Code. These codes contain provisions that ensure the
protection of the public health, safety, and general welfare. The project is not
anticipated to have negative impact to the public health, safety, and general
welfare.
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 Commission.
The decision to conditionally approve the application for a Conditional Use Permit
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
(Section 15301, Class 1 Existing Facilities);
The proposed use will not result in the creation of any new square footage to the
structure or changes to the site plan. All construction will be related to interior
tenant improvements.
Section 4. Conditions. The Planning Commission of the City of Temecula
approves Planning Application No. PA13 -0165, a Modification to a previously approved
Minor Conditional Use Permit for Aftershock Brewery to extend their operating hours to
1 p.m. to 8 p.m. from the previously approved 1 p.m. to 6 p.m., and to relocate the
business to a new suite within the same center located at 28822 Old Town Front Street,
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 16th day of October, 2013.
John Telesio, 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. 13- was duly and regularly
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the 16th day of October, 2013, 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.: PA13 -0165
Project Description:
Assessor's Parcel No.:
MSHCP Category:
DIF Category:
TUMF Category:
Quimby Category:
Approval Date:
Expiration Date:
PLANNING DEPARTMENT
Within 48 Hours of the Approval of This Project
A Modification to a previously approved Minor Conditional Use Permit
for Aftershock Brewery to extend their operating hours to 1 p.m. to 8
p.m. from the previously approved 1 p.m. to 6 p.m. and to relocate
the business to a new suite within the same center located at 28822
Old Town Front Street
922 -093 -003
Exempt (No New Square Footage /Grading)
Exempt (No New Square Footage)
Exempt (No New Square Footage)
N/A (Non- Residential Project)
October 16, 2013
October 16, 2015
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 Fifty Dollars ($50.00)
for the County administrative fee, to enable the City to file the Notice of Exemption as
provided under Public Resources Code Section 21152 and California Code of
Regulations Section 15062. If within said 48 -hour period the applicant/ developer has
not delivered to the Planning Department the check as required above, the approval for
the project granted shall be void by reason of failure of condition (Fish and Wildlife
Code Section 711.4(c)).
General Requirements
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 one year 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 one 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.
PL -5. The Planning Director may, upon an application being filed 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. The development of the premises shall substantially conform to the approved site plan
and elevations contained on file with the Planning Department.
PL -7. 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 must 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.
PL -8. The applicant shall comply with their Statement of Operations submitted on August 30,
2013 file with the Planning Department, unless superseded by these Conditions of
Approval.
PL -9. The Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's
Development Code.
PL -10. The City, its Planning Director, Planning Commission, and City Council retain and
reserve the right and jurisdiction to review and modify the 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 -11. Hours of operation for the tasting room shall be from 1 p.m. to 8 p.m., Monday through
Sunday.
PL -12. All Conditions of Approval for PA12 -0009 shall remain in effect unless superseded
herein.
PL -13. The developer shall contact the City's franchised solid waste hauler for disposal of
construction and demolition debris. Only the City's franchisee may haul demolition and
construction debris.
OUTSIDE AGENCIES
PL -14. The applicant shall comply with the recommendations set forth by the County of
Riverside Department of Environmental Health.
BUILDING AND SAFETY DIVISION
B -1 All components of the ADA accessibility are to be compliant with the 2010 California
Building Code prior to occupancy of the suite.
FIRE PREVENTION
General Requirements
F -1.
Final fire and life safety conditions will be addressed when building plans are reviewed
by Fire Prevention. 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.
F -2. Occupancy classification for this facility is a Group 'A' and 'F -2'. The tasting room has
an occupancy load of 55 people based on information provided. The manufacturing
area is considered an F -1 since the alcohol content is less than 16%.
Prior to Issuance of Building Permit(s)
F -3. Fire sprinkler plans shall be submitted to Fire Prevention for approval. Three sets of
sprinkler plans must be submitted by the installing contractor to the Fire Prevention
Bureau. These plans must be submitted prior to the issuance of building permit. Permit
will be required for sprinkler heads to be added into the cooler. Additional heads may
be required and /or added due to any obstructions that may be caused due to the tanks.
F -4. Fire alarm plans shall be submitted to Fire Prevention for approval. Three sets of alarm
plans must be submitted by the installing contractor to Fire Prevention. 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. Notification devices are required in
the restrooms and throughout the facility.
F -5. Above ground storage tanks will be required. Permits are non - transferable from one
building /suite to another. Plans will need to be submitted along with manufacture cut
sheets to the fire department for review.
Prior to Issuance of Certificate of Occupancy
F -6. New and existing buildings shall have approved address numbers, building numbers or
approved building identification placed in a position that is plainly legible and visible
from the street or road fronting the property. These numbers shall contrast with their
background. Commercial, multi - family residential and industrial buildings shall have a
minimum of 12 -inch numbers with suite numbers being a minimum of six inches in size.
All suites shall have a minimum of six -inch high letters and /or numbers on both the
front and rear doors (CFC Chapter 5 and Temecula City Ordinance 15.16.020).
F -7. 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).
POLICE DEPARTMENT
General Requirements
PD -1.
Applicant has applied for or holds a Type 23 License (Small beer manufacturer). A Type
23 license authorizes the sale of beer to any person holding a license authorizing the
sale of beer, and to consumers for consumption on or off the manufacturer's licensed
premises. Without any additional licenses, [license holder] may sell beer and wine,
regardless of source, to consumers for consumption at a bona fide public eating place
on the manufacturer's licensed premises or at a bone fide eating place contiguous to
the manufacturer's licensed premises. [license holder] May conduct beertastings under
specified conditions (see section 23357.3, ABC regulations). Minors are allowed on the
premises. Food Service is not required.
PD -2. Applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption
of Alcoholic Beverages in Public Prohibited.
PD -3. Applicant shall 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
Territories of the United States; (e) valid U.S. Passport; (f) valid government issued
identification card issued by a Federal, State, County or City agency.
PD -5. As noted above, only 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). It is the responsibility of the business owner and any
person who serves or sells alcohol to be aware of current laws and regulations
pertaining to alcoholic beverages.
PD -6. 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 -7. 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 -8. 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 any time
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 -9. Applicant will ensure all employees involved with the sales, service and identification
checks for the purpose of any sales of alcoholic beverages is trained in the proper
procedures and identification checks. The Temecula Police Department provides free
training for all employers and employees involved in the service and sales of alcoholic
beverages. It is the responsibility of the applicant to set up a training session for all new
employees. Contact the Crime Prevention and Plans Unit at (951) 506 -5132 to set up a
training date. Training must be completed prior to the grand opening of this business
and periodic updated training conducted when new employees/ management are hired.
PD -10. Any public telephones located on the exterior of the building shall be placed in a well -
lighted, highly visible area, and installed with a "call -out only' feature to deter loitering.
This feature is not required for public telephones installed within the interior of the
building.
PD -11. Any questions regarding these conditions should be directed to the Temecula Police
Department Crime Prevention and Plans Unit at (951) 506 -5132.
STATEMENT OF OPERATIONS
STATEMENT OF OPERATIONS
FOR: Aftershock Brewing Co.
1. Proposed purpose: Brewing & packaging beer for retail sale & sales to walk in customers.
2. Equipment for brewing beer includes a 7 bbl. mash tun, 15 bbl. boil kettle, (2) 7 bbl. fermenters, grahi
mill, conditioning tanks, pumps, hoses, packaging equipment, etc.
3. Hours of operation for tasting room: 1PM — 8PM, seven days per week.
4. Number of employees: 5 --10
5. No private security required
6. Tasting room capacity should be 83 (assembly, standing room only)
7. Parking spaces are not designated.
8. No hazardous materials existing or new
9. Amount of daily trips: 50
10. We wish to relocate to a larger suite in the same complex with the same address, same parcel number
(different suite numbers). This suite consists of 2600 sq. ft. The tasting room will be 15% of the total
licensed area: 2600 sq. ft. (15% = 390).
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:
PA13 -0165
Marvin Nigh, on behalf of Aftershock Brewery
A Modification to a previously approved Minor Conditional Use Permit for
Aftershock Brewery to extend their operating hours to 1 p.m. to 8 p.m. from the
previously approved 1 p.m. to 6 p.m. and to relocate the business to a new suite
within the same center located at 28822 Old Town Front Street.
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)
Eric Jones, (951) 506 -5115
City of Temecula, Council Chambers
October 16, 2013
6:00 p.m.
Project Site
:
The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the
Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning
Commission Meeting. At that time, the packet may also be accessed on the City's website —
www.cityoftemecula.orq. Any Supplemental Material distributed to a majority of the Commission regarding
any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main
Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m. In
addition, such material will be made available on the City's website — www.cityoftemecula.orq — and will be
available for public review at the respective meeting.
If you have any questions regarding any item of business on the Agenda for this meeting, please call the
Planning Department, (951) 694 -6400.
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