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HomeMy WebLinkAbout101514 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 III. AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA OCTOBER 15, 2014 — 6:00 PM Next in Order: Resolution: 14-21 CALL TO ORDER: Flag Salute: Commissioner Turley-Trejo Roll Call: Guerriero, Harter, Kight, Telesio and Turley-Trejo 1 Business Spotlight Recognition Presentation, Mythos Technology, 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. 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 2 Minutes RECOMMENDATION 2.1 CONTINUED FROM OCTOBER 1, 2014: Approve the Action Minutes of August 6, 2014 2.2 Approve the Action Minutes of October 1, 2014 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. Planning Application No. PA14-0009, a Maior Modification application for Rancho Baptist Church to allow for a 2,074 square foot expansion to the existing sanctuary, a 17,778 square foot expansion to the existing classroom structure (expansions will total 19,852 square feet), two vehicle security gates and two temporary modular classrooms, located at 29775 Santiago Road 3.1 Adopt a resolution entitled: PC RESOLUTION NO. 14- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA14-0009, A MAJOR MODIFICATION APPLICATION FOR RANCHO BAPTIST CHURCH TO ALLOW FOR A 2,074 SQUARE FOOT EXPANSION TO THE EXISTING SANCTUARY, A 17,778 SQUARE FOOT EXPANSION TO THE EXISTING CLASSROOM STRUCTURE (EXPANSIONS WILL TOTAL 19,852 SQUARE FEET), TWO VEHICLE SECURITY GATES AND TWO TEMPORARY MODULAR CLASSROOMS, LOCATED AT 29775 SANTIAGO ROAD (APN 922-130-017) 4 Planning Application No. PA14-0184, a Conditional Use Permit to allow for the existinq Crush and Brew Restaurant, a bona fide eating establishment, to provide indoor live entertainment and to upgrade their liquor license from a Type 41 ABC License (On Sale Beer and Wine) to a Type 47 ABC License (On Sale General -Eating Place), located at 28544 Old Town Front Street, James Atkins 4.1 Adopt a resolution entitled: PC RESOLUTION NO. 14- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA14-0184, A CONDITIONAL USE PERMIT TO ALLOW FOR THE EXISTING CRUSH AND BREW RESTAURANT, A BONA FIDE EATING ESTABLISHMENT, TO PROVIDE INDOOR LIVE ENTERTAINMENT AND TO UPGRADE THEIR LIQUOR LICENSE FROM A TYPE 41 ABC LICENSE (ON -SALE BEER AND WINE) TO A TYPE 47 (ON SALE GENERAL -EATING PLACE) LICENSE, LOCATED AT 28544 OLD TOWN FRONT STREET (APN 922-033-009) 5.1 Adopt a resolution entitled: PC RESOLUTION NO. 14- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA14-0135, A CONDITIONAL USE PERMIT FOR INDOOR LIVE ENTERTAINMENT AND A TYPE 47 ABC LICENSE (ON SALE GENERAL — EATING PLACE) FOR TABU SUSHI BAR AND GRILL, A BONA FIDE EATING ESTABLISHMENT, LOCATED AT 28693 OLD TOWN FRONT STREET, SUITES 101 AND 102 (APN 922-046-010) REPORTS FROM COMMISSIONERS REPORTS FROM COMMISSION SUBCOMMITTEE(S) DIRECTOR OF COMMUNITY DEVELOPMENT REPORT DIRECTOR OF PUBLIC WORKS REPORT ADJOURNMENT Next regular meeting: Wednesday, November 5, 2014, 6:00 PM City Council Chambers, 41000 Main Street, Temecula, California. 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 Planning Commission meeting. At that time, the agenda packet may also be accessed on the City's website — www.citvoftemecula.org — 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.citvoftemecula.oro — 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. ITEM 1 CITY OF TEMECULA COMMUNITY DEVELOPMENT MEMORANDUM TO: Planning Commission Chairperson and members of the Planning Commission FROM: Armando G. Villa, AICP, Director of Community Development DATE: October 15, 2014 SUBJECT: Business Recognition Program — Mythos Technology PREPARED BY: Christine Damko, Economic Development Analyst BACKGROUND: Mythos Technology is an IT consulting and management firm located in Temecula. With over 20 years of experience, they provide scalable IT solutions that will decrease costs, increase profits and mitigate risk. Mythos specializes in infrastructure design, enterprise security, managed services, business continuity planning and disaster recovery solutions. By partnering with high level solutions providers, Mythos Technology is able to utilize a variety of technologies bringing tremendous value and efficiency to our internal structure as well as to their clients. Mythos currently has nine employees and is proud to be a part of the Temecula business community and supports a number of local organizations including the Temecula Chamber of Commerce and Michelle's Place Breast Cancer Resource Center. ITEM 2 PRELUDE MUSIC: CALL TO ORDER: Flag Salute: Roll Call: ABSENT: Staff Attendees: ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA AUGUST 6, 2014 — 6:00 PM Next in Order: Resolution: 14-19 Earlene Bundy Commissioner Guerriero Carey, Guerriero, Harter, Kight, and Telesio KIGHT Villa, Lee, Kelly -Lehner, De La Torre, Atkins, Damko PRESENTATIONS/PROCLAMATIONS Business Spotlight Recognition Presentation, PHS/MWA Aviation Services, Christine Damko 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 Minutes RECOMMENDATION: 2.1 Approve the Action Minutes of July 16, 2014 APPROVED 3-0-1-1; MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER TELESIO; AYE VOTES FROM COMMISSIONERS GUERRIERO, HARTER, TELESIO; KIGHT ABSENT, CAREY ABSTAINED 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. PA14-0053 a Maior Modification application to allow Van Daele Development to revise the previously approved product type and landscape plan eas[ or vvaicorr Lane noun or La Serena vvay anu suuur ur aue i.nauus rnrrvs. aur - 170 -032 through 036), James Atkins APPROVED 4-0-1-0; MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER TELESIO; AYE VOTES FROM COMMISSIONERS CAREY, GUERRIERO, HARTER, TELESIO; KIGHT ABSENT RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION NO. 14-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA14-0053, A MAJOR MODIFICATION APPLICATION TO ALLOW VAN DAELE DEVELOPMENT TO REVISE THE PREVIOUSLY APPROVED PRODUCT TYPE AND LANDSCAPE PLAN FOR WALCOTT ESTATES, GENERALLY LOCATED WEST OF BUTTERFIELD STAGE ROAD, EAST OF WALCOTT LANE, NORTH OF LA SERENA WAY AND SOUTH OF CALLE CHAPOS (APNS: 957-170-032 THROUGH 036) REPORTS FROM COMMISSIONERS REPORTS FROM COMMISSIONER SUBCOMMITTEE(S) DIRECTOR OF COMMUNITY DEVELOPMENT REPORT DIRECTOR OF PUBLIC WORKS REPORT ADJOURNMENT Next regular meeting: Wednesday, September 3, 2014, 6:00 PM City Council Chambers, 41000 Main Street, Temecula, California. Stanley Harter Chairman 2 Armando G. Villa, AICP Director of Community Development ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA OCTOBER 1, 2014 — 6:00 PM Next in Order: Resolution: 14-20 CALL TO ORDER: Flag Salute: Commissioner Kight Roll Call: Guerriero, Harter, Kight, Telesio, and Turley-Trejo ABSENT: GUERRIERO, TELESIO Staff Attendees: Villa, Lee, Garcia, Fisk, Atkins 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. 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. X91.1--14 . k i0l_1 R4 . 97_V I 1 Minutes RECOMMENDATION 1.1 CONTINUED FROM SEPTEMBER 17, 2014: Approve the Action Minutes of August 6, 2014 CONTINUE TO OCTOBER 15, 2014; MOTION BY COMMISSIONER KIGHT, SECOND BY COMMISSIONER TURLEY-TREJO; AYE VOTES FROM COMMISSIONERS HARTER, KIGHT AND TURLEY- TREJO; GUERRIERO, TELESIO ABSENT 1.2 Approve the Action Minutes of September 17, 2014 APPROVED 3-0-2-0; MOTION BY COMMISSIONER KIGHT, SECOND BY COMMISSIONER TURLEY-TREJO; AYE VOTES FROM COMMISSIONERS HARTER, KIGHT AND TURLEY-TREJO; GUERRIERO, TELESIO ABSENT 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. Planning Application No. PA14-0008, a Development Plan (Diamond Hearts) for 3 two- story, 10,917 square foot industrial structures in a light industrial zone to be used for warehousing and processing, located at 42236, 42260, and 42284 Winchester Road, James Atkins (REVISED) APPROVED 3-0-2-0; MOTION BY COMMISSIONER KIGHT, SECOND BY COMMISSIONER TURLEY-TREJO; AYE VOTES FROM COMMISSIONERS HARTER, KIGHT AND TURLEY-TREJO; GUERRIERO, TELESIO ABSENT RECOMMENDATION: 2.1 Adopt a resolution entitled: PC RESOLUTION NO. 14-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA14-0008, A DEVELOPMENT PLAN APPLICATION FOR 3 TWO-STORY INDUSTRIAL STRUCTURES IN A LIGHT INDUSTRIAL ZONE. EACH STRUCTURE TOTALS 10,917 SQUARE FEET AND WILL BE USED FOR WAREHOUSING AND PROCESSING. THE PROJECT IS LOCATED AT 42236, 42260, AND 42284 WINCHESTER ROAD (APNS: 909-310-015 THROUGH 017). REPORTS FROM COMMISSIONERS REPORTS FROM COMMISSION SUBCOMMITTEE(S) DIRECTOR OF COMMUNITY DEVELOPMENT REPORT DIRECTOR OF PUBLIC WORKS REPORT ADJOURNMENT Next regular meeting: Wednesday, October 15, 2014, 6:00 PM City Council Chambers, 41000 Main Street, Temecula, California. Stanley Harter Chairman Armando G. Villa, AICP Director of Community Development ITEM 3 STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: October 15, 2014 TO: Planning Commission Chairperson and members of the Planning Commission FROM: Armando G. Villa, AICP, Director of Community Development PREPARED BY: Eric Jones, Case Planner PROJECT Planning Application No. PA14-0009, a Major Modification SUMMARY: application for Rancho Baptist Church to allow for a 2,074 square foot expansion to the existing sanctuary, a 17,778 square foot expansion to the existing classroom structure (expansions will total 19,852 square feet), two vehicle security gates and two temporary modular classrooms, located at 29775 Santiago Road RECOMMENDATION: Adopt a Resolution approving the project subject to Conditions of Approval CEQA: Categorically Exempt Section 15332, Class 32, In -Fill Development Projects PROJECT DATA SUMMARY Name of Applicant: Keith West on behalf of Rancho Baptist Church General Plan Very Low (VL) Residential Designation: Zoning Designation: Very Low (VL) Residential (Per the Rancho Highlands Specific Plan) Existing Conditions/ Land Use: Site: Existing Religious Institution/Very Low (VL) Residential North: Santiago Road, existing Low Medium Residential/Low Medium (LM) Residential South: Existing Single -Family Homes/Very Low (VL) Residential East: Existing Religious Institution/Very Low (VL) Residential West: Interstate 15, existing Commercial Structures/Service Commercial (SC) G:\PLANNINGQ014\PA14-0009 Rancho Baptist Church MOD\Planning\Hearing\Staff Report.docx Lot Area: Total Floor Area/Ratio: Landscape Area/Coverage Existing/Proposed 4.16 Acres N/A 0.24 Parking Required/Provided: 223 Spaces Provided BACKGROUND SUMMARY Min/Max Allowable or Required 0.46 Acres WE N/A 152 Spaces Required On January 16, 2014, Keith West submitted Planning Application No. PA14-0009. The application is a Major Modification Application to allow for the expansion of facilities at the existing Rancho Baptist church. 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 Site Plan The project will be constructed on a parcel totaling 4.16 acres in a Very Low (VL) residential district. Santiago Road borders the subject property to the north and Interstate 15 borders the western boundary of the project site. An existing religious institution is located immediately east and existing single-family homes are immediately south. The project will continue to take access directly off Santiago Road. The project will feature an expansion of several structures. The architecture will remain consistent with existing conditions throughout the expansion. The first structure is the existing sanctuary. The applicant is seeking to add 2,074 square feet to this structure. This will bring the total square footage of the sanctuary to 9,204 square feet. 5,328 square feet of this will be the worship area. The second structure to be expanded is the Sunday school building located behind the sanctuary. This structure currently totals 5,784 square feet. The applicant has proposed to expand this structure by an additional 17,778 square feet. The basement level will contain the new youth center. The first floor will house a cafe and related kitchen facilities. The cafe is intended to be used for congregation members only. The second floor will be comprised of additional Sunday school classroom space. The additions will total 19,852 square feet. The applicant anticipates constructing. the Sunday school expansion in approximately three years. The applicant intends to use two 24 foot x 40 foot modular structures to conduct Sunday school classes until construction of the expansion is complete. Two gates are also proposed for the project site. These will be located approximately 380 feet from the main vehicular entrance at Santiago Road. The applicant has also installed a six-foot high vinyl fence along the southwestern portion of the property line as part of a previously approved parking lot expansion. This fence will ensure that privacy will be maintained for the residents living on the southern border of the project site. G:\PLANNING\2014\PA14-0009 Rancho Baptist Church MOD\Planning\Hearing\Staff Report.docx Landscaping The project will feature a variety of landscaping enhancements throughout the site. These enhancements will feature the addition of a variety of trees, shrubs, and other ground covering plants and will include, but are not limited to, Red Crepe Myrtle, Pink Chitalpa, French Lavender, and California Gray Rush. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U -T San Diego on October 2, 2014 and mailed to the property owners within an 800 -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 15332, Class 32, In -Fill Development Projects). The project is consistent with the applicable General Plan designation and all applicable General Plan policies as a well as the applicable zoning designation and regulations including the Rancho Highlands Specific Plan. Furthermore, the project is located on a parcel that is smaller than five acres and located within City limits. This parcel is able to be serviced by all required utilities and has no value as a habitat for endangered, rare, or threatened species since the site and immediately surrounding area is nearly fully developed with existing single-family homes, an existing religious institution and Interstate 15. Significant effects relating to traffic, noise, air quality or water quality are not anticipated. FINDINGS City of Temecula Development Code Section 17.05.030E 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 application will allow for the expansion of an existing religious institution. No changes to the use are proposed as part of the application. Therefore, the use will remain in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The project has been reviewed and conditioned to ensure it is designed to be consistent with the City of Temecula Development Code as well as the Building Code and Fire Code. These codes contain provisions to ensure the project is designed for the protection of the public health, safety and general welfare. GIPLANNING\2014\PA14-0009 Rancho Baptist Church MOD\Planning\Hearing\Staff Report.docx ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Notice of Public Hearing GAPLANNING\2014\PA14-0009 Rancho Baptist Church MOD\Planning\Hearing\Staff Report.docx VICINITY MAP City of Temecula PAI 4-0009 1 zzU �N���NNN Q S M�MN/3�7E W C r Project Site � s r 1 I 0 500 1.000 Feat Th. m.V w.. M.I.hY En Chal T... G.o R.MI<Inb.-I SWl.m .m SIh.M. 1..my. bm M...1 e.b poeu[e1b/- e. Cou�iY Tnnrom.-U.M L.ne M.nepwnwe AR^<Y of Rlwrne. -g Th CI .4 cwaY r..�,„.lr.m.<a.._.mw.......bs�.,a,..R.�...,ro,ro. nlam.ea. wMmw om.m i.mn.+lo. �ro�...aae on m. mro NORTH n —* 6. .Iw SYY.m.ne ve•ugxllo Wal...eld 6a s� v' •� i/'.(t.fi/{/.�(—UAII qw.Th. most nft; ,ywrwe roti. most oTa rourt•. Th. ms m.R n na Ia l.Rml ., uwe Geographic Inlornation PLAN REDUCTIONS CONCEPTUAL SITE PLAN RANCHO BAPTIST CHURCH 29775 SANTIAGO ROAD, TEMECULA, CALIFORNIA 92592 m bmrev m •_ BR i9 / ii - 2R w4..a. p.«.ewarva� AESiI m i K& LT 22 24 K&L/23-7A SECTION A�- bmrev m •_ BR i9 / ii - 2R i K& LT 22 24 K&L/23-7A SECTION A�- nrtl o••av vc• RESIDENTIAL --- ..n. „, i K& LT 22 24 K&L/23-7A SECTION A�- br 6-dCrd- MI ep �A9 tYJ D9 Ep!6 GQq STUCCO -E ,Eggs l STONE- EI Ogiatlg. S"W. Ruslk LWO TRIM -Je -Wen, Dmk Clpmlele CONCRETE -o .Samstona 05237 TRE ROOF - Eagb 05124 PAVERS - RCP -I'Pa . RANCHO BAPTIST CHURCH SANCTUARY m-- • ------------ E 3 1 a — e i N m 0 o i 3 Y s 1 5 < 0 b 5 D m ie D h la OWNER/BUILDER JOB ADDRESS SAMJ.BEVACQUA &ASSOC. ' RANCHO BAPTIST CHURCH WR = = , 2.wes�se rzuttuu cnuro xu�w ADDITION p _ wia°eeea mme:Iwpenww jja p C O f� E 9i 9 ms g P E U U c) Q � C 0 o c o OWNER I BUILDER JOB ADDRESS ISAM J. BEVACQUA 8 ASSOC. - C r g rr�rtcuU cvruww� RANCHO BAPTIST CHURCH A. m 4 a .enxxes. rx amazsren ADDITION L I � 1 I I I � I I \ , SOUTHEAST ELEVATION ac„FI _1a RANCHO BAPTIST CHURCH SUNDAY SCHOOL ADDITION ..o ..n ..ra: .r.. . rmu a ti ms vw uaa eu va 'i�1 m93aLTL19991mmm m®amp29 �® 10 b) afoldelf aim t I NORTHEAST ELEVATION e� RANCHO BAPTIST CHURCH SUNDAY SCHOOL ADDITION F— I n IN m 3 m� F I y � IT I p IYd z \ II I o I I Pb II� I NI V J 1I W yU y M MO m 2 , z mos. = p m r < MO I O 2 \ D CD 0 9K RM •z -o n CCIE. m _ oK p / T OC G S S S - 8� OWNER I BUILDER JOB ADDRESS RANCHO BAPTIST SAM J. BEV CQUA &ASSOC. 'g 211, ', i rsr Grt E _111110, = P $3 ecvuuu.oAm>se CHURCH - e em w[aT rn eaviea JSTORY AOOITION u 9f-5" SUNDAYSCHOOL SUNDAYSCHOOL 3C5 a .T. SUNDAY SCHOOL s=13 -. SUNDAYSCHOOL .x F9xH.P.UI]uz 1ca9G�.� 03'-C SUNDAYSCHOOL s2e.FT. SUNDAY SCHOOL OFFICE E. SUNDAY S CLASSROOM HALL T:>=�0 _ //E SUNDAY LOBSV CLS ROC eeo So .- JANITOR HALL J 9 S 9 a OWNER(BUILDER JOB ADDRESS SAM J. BEVAA UA BASSOC. 1 RANCHO BAPTIST ®v _ B y k„ CHURCH A cw'uu°OPnV'@ 3STORY ADDITION - xrsrex.uwzrr 1 16' 1 /-I6 REAR ELEVATION ss r FLOOR PLAN FRONT ELEVATION LEFT I RIGHT ELEVATION TRASH ENCLOSURE �.•�=•'P SECTION A -A SOUTHEAST ELEVATION• -'d RANCHO BAPTIST CHURCH SUNDAY SCHOOL ADDITION A-5 A yO O N m 0 N c z 0 o O o z z � @ C N �a Z D n { O O r Z m C O ❑ ❑ cZ �I 1 _ — G� �� �Illlilllllllh,, ❑cl N I loll IIIII�I II �� 1 � ll III ��IIIII, IIII ❑1111 IIIIII�� III 1'IIIIIIII III It 11�41111�IIIII IIIIIIIIIIII LN I -E� IIIIIIII�I I� IIIIIII�IIIII� -� III IIIIIIIII I IIIIIIIIIIIIII li �,{'1�1 SII �II�III�II III��I� I�II IIIIIIVIGI� 0 0 *�1.F1�1� �1 III! 1111111 �IIIII!k� {bt�4 4!� I�IIII��LI II�III��� II VIII JEi I' .1�11�1�1111� I�I�k1 ? 1: OWNER I BUILDER JOBADDRESS SAM J. BEVACOUA $ASSOC- p _ cWro RANCHO BAPTIST 5 � + B CHURCH Yp -0� ,e yb�pi � i C� n ��1 E473 PLANTING PLAN roe xo� ® sre cuaawmre • •.n uwM �� SHEET ian PLANTING PLAN roe xo� 0 • ANCTUARY LOOKING NORTH 4 s r � SANCTUARY LOOKING SOUTH f � `�f e a k� SANCTUARY LOOKING EAST 4 kF. r MODULARS LOOKING NORTH , a r .�n 'vn -i, r MODULARS LOOKING EAST MODULARS LOOKING SOUTH % Rlm f � r'1 M C PO :.. 1S3M 9NIN00I !3M7 1SV3 9NIAOOI 1332US wl HBdON 9NIN00I 13RU ` . PC RESOLUTION PC RESOLUTION NO. 14- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA14-0009, A MAJOR MODIFICATION APPLICATION FOR RANCHO BAPTIST CHURCH TO ALLOW FOR A 2,074 SQUARE FOOT EXPANSION TO THE EXISTING SANCTUARY, A 17,778 SQUARE FOOT EXPANSION TO THE EXISTING CLASSROOM STRUCTURE (EXPANSIONS WILL TOTAL 19,852 SQUARE FEET), TWO VEHICLE SECURITY GATES AND TWO TEMPORARY MODULAR CLASSROOMS, LOCATED AT 29775 SANTIAGO ROAD (APN 922-130- 017) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On January 16, 2014; Keith West, on behalf of Rancho Baptist Church filed Planning Application No. PA14-0009, a Major Modification 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 October 15, 2014, 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. PA14-0009 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 17.05.030E. 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 application will allow for the expansion of an existing religious institution. No changes to the use are proposed as part of the application. Therefore, the use will remain in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The project has been reviewed and conditioned to ensure it is designed to be consistent with the City of Temecula Development Code as well as the Building Code and Fire Code. These codes contain provisions to ensure the project is designed for the protection of the public health, safety and general welfare. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Major Modification 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 15332, Class 32, In -Fill Development Projects); The project is consistent with the applicable General Plan designation and all applicable General Plan policies as a well as the applicable zoning designation and regulations including the Rancho Highlands Specific Plan. Furthermore, the project is located on a parcel that is smaller than five acres and located within City limits. This parcel is able to be serviced by all required utilities and has no value as a habitat for endangered, rare, or threatened species since the site and immediately surrounding area is nearly fully developed with existing single-family homes, an existing religious institution and Interstate 15. Significant effects relating to traffic, noise, air quality or water quality are not anticipated. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA14-0009, a Major Modification application for Rancho Baptist Church to allow for a 2,074 square foot expansion to the existing sanctuary, a 17,778 square foot expansion to the existing classroom structure (expansions will total 19,852 square feet), two vehicle security gates and two temporary modular classrooms, located at 29775 Santiago Road, 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 15th day of October, 2014. Stanley Harter, Chairman ATTEST: Armando G. Villa, AICP Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Armando G. Villa, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 14- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 15th day of October, 2014, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Armando G. Villa, AICP Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA14-0009 Project Description: A Major Modification application for Rancho Baptist Church to allow for a 2,074 square foot expansion to the existing sanctuary, a 17,778 square foot expansion to the existing classroom structure (expansions will total 19,852 square feet), two vehicle security gates and two temporary modular classrooms, located at 29775 Santiago Road Assessor's Parcel No.: 922-130-017 MSHCP Category: Commercial DIF Category: N/A (Non -Profit 501c — Temecula Municipal Code Section 15.06.030.6) TUMF Category: Service Commercial — (Only the sanctuary portion of the expansion is exempt; (House of Worship — Temecula Municipal Code Section 15.08.040.F.9) Quimby Category: Approval Date: Expiration Date: PLANNING DIVISION N/A Non -Residential Project October 15, 2014 October 15, 2016 Within 48 Hours of the Approval of This Project PL -1. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division 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 Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Wildlife Code Section 711.4(c)). General Requirements PL -2. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City 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. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL -4. Expiration. 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, or use of a property in conformance with a Conditional Use Permit. PL -5. 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 3 one-year extensions of time, one year at a time. PL -6. 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. PL -7. Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. PL -8. 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. PL -9. Paint Inspection. The applicant shall paint a three -foot -by -three-foot section of the building for Planning Division inspection, prior to commencing painting of the building. PL -10. Photographic Prints. The applicant shall submit to the Planning Division for permanent filing two 8" X 10" glossy photographic color prints of the approved color and materials board and the colored architectural elevations. All labels on the color and materials board and Elevations shall be readable on the photographic prints. PL -11. Materials and Colors. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staff's prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. MATERIAL COLOR Stucco Expo, Eggshell #57 Stone EI Dorado, Sequoia Rustic Ledge Trim Jeld-Wen, Dark Chocolate Concrete Davis, Sandstone #5237 Tile Roof Eagle #3124 Pavers RCP "I" Pattern PL -12. Trash Enclosures. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on the site plan. PL -13. Covered Trash Enclosures. All trash enclosures on site shall include a solid cover and the construction plans shall include all details of the trash enclosures, including the solid cover. PL -14. Phased Construction. If construction is phased, a construction staging area plan or phasing plan for construction equipment and trash shall be approved by the Director of Community Development. PL -15. Compliance with City Noise Ordinance. The project shall operate in conformance with all requirements and regulations of Chapter 9.20 (Noise) of the Temecula Municipal Code. PL -16. Construction and Demolition Debris. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. PL -17. Public Art Ordinance. The applicant shall comply with the requirements of the City's Public Art Ordinance as defined in Section 5.08 of the Temecula Municipal Code. PL -18. Trash Enclosures. The trash enclosures shall be large enough to accommodate a recycling bin, as well as regular solid waste containers. Prior to Issuance of Grading Permit(s) PL -19. Placement of Transformer. Provide the Planning Division with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check prior to final agreement with the utility companies. PL -20. Placement of Double Detector Check Valves. Double detector check valves shall be installed at locations that minimize their visibility from the public right-of-way, subject to review and approval by the Director of Community Development. PL -21. Archaeological/Cultural Resources Grading Note. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Community Development at his/her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/ cultural resource, the Planning Director shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Planning Director shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Planning Director." PL -22. Discovery of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and a qualified archaeologist and representatives of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and make recommendations as to treatment and mitigation." PL -23. Relinquishment of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the project area, to the Pechanga Tribe for proper treatment and disposition." PL -24. Preservation of Sacred Sites. The following shall be included in the Notes Section of the Grading Plan: "All sacred sites are to be avoided and preserved." PL -25. Rough Grading Plans. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Division. Prior to Issuance of Building Permit(s) PL -26. Transportation Uniform Mitigation Fee (TUMF). The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance. The fees are subject to the provisions of Chapter 15.08 of the Temecula Municipal Code and the fee schedule in effect at the time of building permit issuance. PL -27. Maintenance/Facility Removal Agreement. The maintenance/facility removal agreement or enforceable provisions in a signed lease that will assure the intent of the Telecommunication Facility and Antenna Ordinance will be complied with, shall be signed by the applicant and shall be submitted to the Director of Community Development. The agreement shall comply with all provisions set forth in Section 17.40.210 of the Ordinance. PL -28. Photometric Plan. The applicant shall submit a photometric plan, including the parking lot, to the Planning Division, which meets the requirements of the Development Code and the Riverside County Palomar Lighting Ordinance 655. The parking lot light standards shall be placed in such a way as to not adversely affect the growth potential of the parking lot trees. PL -29. Downspouts. All downspouts shall be internalized PL -30. Construction Landscaping and Irrigation Plans. Four (4) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Division. These plans shall be submitted as a separate submittal, not as part of the building plans or other plan set. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, height and spread, water usage or KC value, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance and Water Storage Contingency Plan per the Rancho California Water District. The plans shall be accompanied by the appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved Grading Plan. PL -31. Parking Area Landscaping. The Landscaping and Irrigation Plans shall provide a minimum five-foot wide planter to be installed at the perimeter of all parking areas. Curbs, walkways, etc. are not to infringe on this area. PL -32. Landscaping Site Inspections. The Landscaping and Irrigation Plans shall include a note stating, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. PL -33. Agronomic Soils Report. The Landscaping and Irrigation Plans shall include a note on the plans stating, 'The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." PL -34. Water Usage Calculations. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan). Applicant shall use evapotranspiration (ETo) factor of 0.70 for calculating the maximum allowable water budget. PL -35. Landscape Maintenance Program. A landscape maintenance program shall be submitted to the Planning Division for approval. The landscape maintenance program shall detail the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. PL -36. Specifications of Landscape Maintenance Program. Specifications of the landscape maintenance program shall indicate, 'Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. PL -37. Irrigation. The landscape plans shall include automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from view of the public from streets and adjacent property for (private common areas; front yards and slopes within individual lots; shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to 66 feet or larger; and, all landscaping excluding City maintained areas and front yard landscaping which shall include, but may not be limited to, private slopes and common areas). PL -38. Hardscaping. The landscape plans shall include all hardscaping for equestrian trails and pedestrian trails within private common areas. PL -39. Precise Grading Plans. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. PL -40. WQMP Treatment Devices. All WQMP treatment devices, including design details, shall be shown on the construction landscape plans. If revisions are made to the WQMP design that result in any changes to the conceptual landscape plans after entitlement, the revisions will be shown on the construction landscape plans, subject to the approval of the Director of Community Development. PL -41. Utility Screening. All utilities shall be screened from public view. Landscape construction drawings shall show and lal screening. Provide a three-foot clear zone by the Fire Department before starting the to reduce intrusion. Screening of utilities i planting beds and design around utilities. L that there are no conflicts with trees. el all utilities and provide appropriate around fire check detectors as required ;creen. Group utilities together in order not to look like an after -thought. Plan >cate all light poles on plans and ensure PL -42. Building Construction Plans for Outdoor Areas. Building Construction Plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, hardscape) to match the style of the building subject to the approval of the Planning Director. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL -43. Landscape Installation Consistent with Construction Plans. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Planning Director. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. PL -44. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan, shall be filed with the Planning Division for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Community Development, the bond shall be released upon request by the applicant. PL -45. Installation of Site Improvements. All site improvements, including but not limited to, parking areas and striping shall be installed. PL -46. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. OUTSIDE AGENCIES PL -47. Compliance with Dept. of Environmental Health. The applicant shall comply with the recommendations set forth by the County of Riverside Department of Environmental Health. PL -48. Compliance with EMWD. The applicant shall comply with the recommendations set forth by the Eastern Municipal Water District. PL -49. Compliance with RCWD. The applicant shall comply with the recommendations set forth by the Rancho California Water District. BUILDING AND SAFETY DIVISION General Conditions B-1. 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. B-2. Compliance with Code. All design components shall comply with applicable provisions of the 2013 edition of the California Building, Plumbing and Mechanical Codes; 2013 California Electrical Code; California Administrative Code, 2013 California Energy Codes, 2013 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. B-3. Green Measures. The applicant shall provide 10% voluntary green measures on the project, as stipulated by the 2013 California Green Building Standards. B-4. Disabled Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. All ground floor units to be adaptable. b. Disabled access from the public way to the main entrance of the building. c. Van accessible parking located as close as possible to the main entry. d. Path of accessibility from parking to furthest point of improvement. e. Path of travel from public right-of-way to all public areas on site, such as club house, trash enclose tot lots and picnic areas. B-5. 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. B-6. 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. B-7. Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. B -S. Obtain Aoorovals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. B-9. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. B-10. Demolition. Demolition permits require separate approvals and permits. B-11. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. B-12. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. B-13. House Electrical Meter. Applicant shall provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. At Plan Review Submittal B-14. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. b. A Sound Transmission Control Study in accordance with the provisions of the Section 1207, of the 2013 edition of the California Building Code. c. A precise grading plan to verify accessibility for persons with disabilities. d. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Grading Permit(s) B-15. Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval. B-16. Demolition Permits. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. Prior to Issuance of Building Permit(s) B-17. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction B-18. Pre -Construction Meeting. A pre -construction meeting is required with the building inspector prior to the start of the building construction. FIRE PREVENTION General Requirements F-1. 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. F-2. Fire Flow. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 4,000 GPM at 20 -PSI residual operating pressure for a 4 -hour duration for commercial projects. The fire flow as given above has taken into account all information as provided (CFC Appendix B and Temecula City Ordinance 15.16.020). F-3. Fire Hydrants. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. Standard fire hydrants (6" x 4" 2 ''/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 350 feet apart at each intersection, and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required (CFC Appendix C and Temecula City Ordinance 15.16.020). F-4. Fire Hydrant Clearance. As required by the California Fire Code, when any portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet from a hydrant on a fire apparatus road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official. (CFC Chapter 5). Prior to Issuance of Grading Permit(s) F-5. Turning Radius. Minimum outside turning radius on any street or fire department access road shall be 45 feet for commercial projects. (CFC Chapter 5 along with the Temecula City Ordinance 15.16.020). F-6. All Weather Access Roads. Fire apparatus access roads and driveways shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 3310.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads (CFC Chapter 5 and Temecula City Ordinance 15.16.020). F-7. Access Road Widths. Fire Department vehicle system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. Prior to Issuance of Certificate of Occupancy F-13. Hydrant Verification. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (City Ordinance 15.16.020). F-14. Addressing. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial buildings shall have a minimum of 12 -inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of 6 -inch high letters and/or numbers on both the front and rear doors (CFC Chapter 5 and City Ordinance 15.16.020). F-15. 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) access roads shall have an unobstructed width of not less than 24 feet for commercial with an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5 and Temecula City Ordinance 15.16.020). F-8. Gradient of Access Roads. The gradient for fire apparatus access roads shall not exceed 15 percent (CFC Chapter 5 and City Ordinance 15.16.020). F-9. Dead Ends. Dead end roadways and streets in excess of 150 feet which have not been completed shall have a turnaround capable of accommodating fire apparatus (CFC Chapter 5 and City Ordinance 15.16.020). Prior to Issuance of Building Permit(s) F-10. Required Submittals (Fire Underground Water). The developer shall furnish three copies of the water system plans 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 5 and Chapter 33). F-11. Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. F-1. Required Submittals (Fire Alarm Systems). Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. F-16. Gates and Access. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel (CFC Chapter 5). F-17. Site Plan. The applicant shall prepare and submit to the Fire Department for approval, a site plan designating fire lanes with appropriate lane painting and/or signs (CFC Chapter 5). POLICE DEPARTMENT General Requirements PD -1. Defensible Plants. Applicant shall ensure any landscaping surrounding buildings is kept at a height of no more than three feet, or below the ground floor window sills. Plants, hedges, and shrubbery shall be defensible plants to prevent would-be intruders from breaking into the buildings utilizing lower level windows. PD -2. Trees. Applicant shall ensure any trees surrounding building rooftops be kept at a distance to prevent roof accessibility by would-be burglars. Since trees also act as a natural ladder, the branches must be pruned to have a six-foot clearance from the buildings. PD -3. Berms. Any berms shall not exceed three feet in height. PD -4. Exterior Door Illumination. All exterior doors shall have a vandal resistant light fixture installed above the door. The doors shall be illuminated with a minimum one -foot candle illumination at ground level, evenly dispersed. PD -5. Exterior Building Lighting. All lighting affixed to the exterior of buildings less than 8 feet high shall be vandal resistant. PD -6. Hardware. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. PD -7. Graffiti. Any graffiti painted or marked upon the buildings or other structures must be removed or painted over within 24 hours of being discovered. Report all such crimes to the Temecula Police 24-hour dispatch Center at (951) 696 -HELP. PD -8. Alarm System. Upon completion of construction, each building or business shall have an alarm system that is monitored by a designated private alarm company to notify the Temecula Police Department of any intrusion. All multi -tenant offices/suites/businesses located within a specific building shall each have their own alarm system. This condition is not applicable if the business is open 24/7. PD -9. Roof Hatches. Any roof hatches shall be painted "International Orange." PD -10. Rooftop Addressing. The construction plans shall indicate the application of painted rooftop addressing plotted on a nine -inch grid pattern with 45 -inch tall numerals spaced nine inches apart. The numerals shall be painted with a standard nine -inch paint roller using fluorescent yellow paint applied over a contrasting background. The address shall be oriented to the street and placed as closely as possible to the edge of the building closest to the street. PD -11. Public Telephones. Any public telephones located on the exterior of the buildings shall be placed in a well -lit, 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 buildings. PD -12. Disable Parking. All disabled parking stalls on the premises shall be marked in accordance with Section 22511.8 of the California Vehicle Code. PD -13. Crime Prevention through Design. Crime prevention through environmental design, as developed by the National Crime Prevention Institute (NCPI), supports the concept that "the proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life." The nine primary strategies that support this concept are included below: 1. Provide clear border definition of controlled space. Examples of border definition may include fences, shrubbery, or signs in exterior areas. Within a building, the arrangement of furniture and color definition can serve as a means of identifying controlled space. 2. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi-public to private space. 3. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. 4. Place safe activities in unsafe locations. Safe activities attract normal users to a location and subsequently render the location less attractive to abnormal users due to observation and possible intervention. 5. Place unsafe activities in safe locations. Placing unsafe activities in areas of natural surveillance or controlled access will help overcome risk and make the users of the areas feel safer. 6. Redesign the use of space to provide natural barriers. Separate activities that may conflict with each other (outdoor basketball court and children's play area, for example) by distance, natural terrain or other functions to avoid such conflict. 7. Improve scheduling of space. The timing in the use of space can reduce the risk for normal users and cause abnormal users to be of greater risk of surveillance and intervention. 8. Redesign space to increase the perception of natural surveillance. Abnormal users need to be award of the risk of detection and possible intervention. Windows and clear lines -of -sight serve to provide such a perception of surveillance. 9. Overcome distance and isolation. This strategy may be accomplished through improved communications (portable two-way radios, for example) and design efficiencies, such as the location of restrooms in a public building. Informational Items PD -14. Business Security Survey. The Crime Prevention and Plans Unit of the Temecula Police Department offers free business security surveys, to schedule an appointment contact the unit at (951) 506-5132. PD -15. Contact. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (95) PUBLIC WORKS DEPARTMENT General Requirements PW -1. Conditions of Approval. The developer shall comply with all Conditions of Approval, the Engineering and Construction Manual and all City codes/standards at no cost to any governmental agency. PW -2. Entitlement Approval. The developer shall comply with the approved site plan and other relevant documents approved during entitlement. Any significant omission to the representation of site conditions may require the plans to be resubmitted for further review and revision. PW -3. Precise Grading Permit. A precise grading permit for onsite improvements (outside of public right-of-way) shall be obtained from Public Works. Prior to Issuance of Grading Permit(s) PW -4. Grading/Erosion & Sediment Control Plan. The developer shall submit a grading/erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all final WQMP water quality facilities and all construction -phase pollution -prevention controls to adequately address non -permitted runoff. Refer to the City's Engineering & Construction Manual at: http://www. cityoftemecu la. orgfTemecu la/Govern ment/Pu bl icW orks/eng ineeri ng co n stmanual.htm PW -5. Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security for private development and entering into an agreement to guarantee the erosion & sediment control improvements. PW -6. NPDES General Permit Compliance. The developer shall obtain project coverage under the State National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities and shall provide the following: a. A copy of the Waste Discharge Identification Number (WDID) issued by the State Water Resources Control Board (SWRCB); b. The project's Risk Level (RL) determination number; and c. The name, contact information and certification number of the Qualified SWPPP Developer (QSD) Pursuant to the State Water Resources Control Board (SWRCB) requirements and City's storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and submitted to the Board. Throughout the project duration, the SWPPP shall be routinely updated and readily available (onsite) to the State and City. Review www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link: http://www.waterboards.ca.gov/water issues/programs/stormwater/construction.sht ml PW -7. Soils Report. A soils report, prepared by a registered soil or civil engineer, shall be submitted to Public Works with the initial grading plan submittal. The report shall address the site's soil conditions and provide recommendations for the construction of engineered structures and pavement sections. Prior to Issuance of Building Permit(s) PW -8. Certifications. Certifications are required from the registered civil engineer -of - record certifying the building pad elevation(s) per the approved plans and from the soil's engineer -of -record certifying compaction of the building pad(s). Prior to Issuance of Certificate of Occupancy PW -9. Completion of Improvements. The developer shall complete all work per the approved plans and Conditions of Approval to the satisfaction of the City Engineer. This includes all onsite work (including water quality facilities), public improvements and the executed WQMP Operation and Maintenance agreement. PW -10. Utility Agency Clearances. The developer shall receive written clearances from applicable utility agencies (i.e., Rancho California and Eastern Municipal Water Districts, etc.) for the completion of their respective facilities and provide to Public Works. PW -11. Replacement of Damaged Improvements/Monuments. Any appurtenance damaged or broken during development shall be repaired or removed and replaced to the satisfaction of Public Works. Any survey monuments damaged or destroyed shall be reset per City Standards by a qualified professional pursuant to the California Business and Professional Code Section 8771. PW -12. Certifications. Certifications are required from the registered civil engineer -of - record certifying satisfactory completion of all improvements per the approved plans and from the soil's engineer—of-record certifying the final compaction. NOTICE OF PUBLIC HEARING Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No: PA14-0009 Applicant: Keith West on behalf of Rancho Baptist Church Proposal: A Major Modification application for Rancho Baptist Church to allow for a 2,074 square foot sanctuary expansion, an expansion to the existing classroom structure, two vehicle security gates and two modular classrooms located at 29775 Santiago Road Environmental: 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 15332, Class 32, In -Fill Development Projects) Case Planner: Eric Jones, (951) 506-5115 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: October 15, 2014 Time of Hearing: 6:00 p.m. SANTIAGO RD 1\ ova Project Site ? 1,' Sot ti f5 ,4t ig 7- \A�` \ N Z` \\/ �o� �J o rz> z® 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.citvoftemecula.org. 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.org — 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. G:\PLANNING\2014\PA14-0009 Rancho Baptist Church MOD\Planning\Hearing\Notice of Public Hearing.docx ITEM 4 STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: October 15, 2014 TO: Planning Commission Chairperson and members of the Planning Commission FROM: Armando G. Villa, AICP, Director of Community Development PREPARED BY: James Atkins, Case Planner PROJECT Planning Application No. PA14-0184, a Conditional Use Permit to SUMMARY: allow for the -existing Crush and Brew Restaurant, a bona fide eating establishment, to provide indoor live entertainment and to upgrade their liquor license from a Type 41 ABC License (On -Sale Beer and Wine) to a Type 47 (On Sale General -Eating Place) license at 28544 Old Town Front Street RECOMMENDATION: Adopt a Resolution approving the project subject to Conditions of Approval CEQA: Categorically Exempt Section 15301, Class 1 Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Rebaux Steyn General Plan Old Town Specific Plan Implementation (SPI) Designation: Zoning Designation: Downtown Core District (DTC) Existing Conditions/ Land Use: Site: Existing commercial building/Downtown Core North: Existing commercial building/Downtown Core South: Existing commercial building/Downtown Core East: Existing commercial building/Downtown Core West: Existing commercial building/Downtown Core Existing Min/Max Allowable Lot Area: 5,400 square feet. N/A for existing lots Total Floor Area/Ratio: 3,400 square feet N/A Landscape Area/Coverage: N/A N/A Parking Required/Provided: N/A The Old Town Specific Plan does not require parking for commercial uses BACKGROUND SUMMARY On August 15, 2014, Rebaux Steyn submitted Planning Application No. PA14-0184, a Conditional Use Permit for Crush and Brew to allow for indoor live entertainment and to acquire a Type 47 ABC License. This acquisition will allow the applicant to expand service in order to meet the requests of restaurant patrons seeking distilled spirits, and to stay competitive with surrounding eating establishments that currently possess a similar license. Currently the establishment operates under a Type 42 license which limits their sales to beer and wine. However, due to the increasing number of eating establishments locating within the Old Town Downtown Core District (Downtown Core), the need to stay competitive with other surrounding eating establishments that offer distilled spirits has created the need to upgrade their license. Therefore, Crush and Brew is requesting to upgrade to a Type 47 ABC License (On Sale General — Eating Place) liquor license at 28544 Old Town Front Street. 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 Crush and Brew is an existing restaurant located in the Downtown Core at 28544 Old Town Front Street. The restaurant comprises approximately 3,400 square feet of space within a larger building that includes several other commercial businesses. The applicant is proposing to upgrade their existing Type 42 ABC License (On Sale Beer & Wine — Public Premises) to a Type 47 (On Sale General — Eating Place) license. No new additional floor area is proposed beyond the existing floor area. Currently Crush and Brew provides full menu of food types as well as select beers and wines. Operating hours will remain 11:30 a.m. to 10:00 p.m. Sunday through Thursday, and 11:30 a.m. to 12:00 a.m. on Friday and Saturday. Indoor live entertainment shall be on Friday and Saturday evenings between the hours of 8:00 p.m. and 11:00 p.m. During the restaurant's peak hours, approximately 150 guests are served by a staff of 30 to 35 employees. The Old Town Specific Plan for the Downtown Core does not require parking for commercial uses. As Crush and Brew is an existing restaurant, the proposed change in license is not anticipated to affect parking. Staff has confirmed with The California Department of Alcoholic Beverage Control (ABC) that the Planning Commission does not make the finding of Public Convenience or Necessity application (PCN) for restaurants. ABC will process the findings of Public Convenience or Necessity upon approval of the Conditional Use Permit after the license application process has been initiated. The applicant must state their case in support of the PCN to ABC rather than to the local jurisdiction in the request of upgrading the existing Type 41 license to a Type 47 ABC license for a bona fide eating establishment. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U -T San Diego on October 2, 2014 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 Conditional Use Permit for indoor live entertainment and a Type 47 ABC License (On Sale General — Eating Place) at the Crush and Brew will be conducted in an existing restaurant in a developed commercial building. All access and public utilities are available to the site. The proposed use, with issuance of a Conditional Use Permit, is in conformance with all zoning requirements of the Development Code. FINDINGS Conditional Use Permit (Old Town Specific Plan, Section IV. Land Use and Urban Development Standards, Table IV -1: Land Use Matrix) The proposed conditional use is consistent with the General Plan and the Development Code. Crush and Brew operates as a full-service restaurant with the primary purpose of offering a full menu of food items, indoor live enteraintment, select wines including several local varieties, select beers, and the proposed expanded liquor license. The proposed use is consistent with the City of Temecula General Plan which specifies Specific Plan Implementation (SPI) designation for this site and allows for restaurants and other service oriented businesses. Crush and Brew is located within an existing commercial building. The sale of distilled spirits would serve as an incidental use to the establishment operations. Section IV (Table IV -1: Land Use Matrix) of the Old Town Specific Plan allows for the incidental sale of alcoholic beverages in conjunction with an otherwise allowable use as a conditionally permitted use. 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. Crush and Brew is located in an existing portion an existing commercial building within the Old Town Specific Plan Downtown Core District. The proposed conditional uses are compatible with the nature, condition and development of adjacent uses, buildings and structures, and the proposed conditional uses 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 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 application will allow for indoor live entertainment and a Type 47 ABC License (Special On Sale General — Eating Place) at an existing commercial building location. The site will remain unchanged in size and shape to accommodate the uses prescribed in the Development Code as required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The nature of the proposed conditional uses are not detrimental to the health, safety and general welfare of the community. The project meets all requirements of the Fire Code, the Building Code, Development Code and General Plan which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. That the decision to 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 or City Council on appeal. The decision to conditionally approve the application for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Planning Commission. ATTACHMENTS Aerial Map Plan Reductions Resolution Exhibit A — Conditions of Approval Statement of Operations Statement of Justification Notice of Public Hearing 4 AERIAL MAP PLAN REDUCTIONS SUMMARY: ISI mpu K F 1A—� gg Mf , r A;JACEti. VACAN" ..0'! N. L(:. �� 9'I (-) fST -rnmr C m tl � V H ". 4b SOULS �z nn-oyes _ YS:OYll • I I U VACANT LOT s aSP k-7 Ure xu�.... VICINITY MAP Uw IONS I OLD TOWN FROM STREET— — — _ — — — SITE PLAN rxe: r-Iva ' SNFEINO. 1. 1.0 i:a; I It 9 !21y 9=10h60= -1E s p INK }' p ii- _0 � � •� L� t7tiipskWall l 0 .lam f� a it I JL14 4wol I I I PROM APO 71-�31 Inn." 49 I PC RESOLUTION PC RESOLUTION NO. 14- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA14-0184, A CONDITIONAL USE PERMIT TO ALLOW FOR THE EXISTING CRUSH AND BREW RESTAURANT, A BONA FIDE EATING ESTABLISHMENT, TO PROVIDE INDOOR LIVE ENTERTAINMENT AND TO UPGRADE THEIR LIQUOR LICENSE FROM A TYPE 41 ABC LICENSE (ON -SALE BEER AND WINE) TO A TYPE 47 (ON SALE GENERAL - EATING PLACE) LICENSE, LOCATED AT 28544 OLD TOWN FRONT STREET (APN 922-033-009) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On August 15, 2014 Rebaux Steyn filed Planning Application No. PA14- 0184, 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 October 15, 2014, 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. PA14-0184 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: Major Conditional Use Permit, Development Code Section 17.04.010 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; Crush and Brew operates as a full-service restaurant with the primary purpose of offering a full menu of food items, indoor live enteraintment, select wines including several local varieties, select beers, and the proposed expanded liquor license. The proposed use is consistent with the City of Temecula General Plan which specifies Specific Plan Implementation (SPI) designation for this site and allows for restaurants and other service oriented businesses. Crush and Brew is located within an existing commercial building. The sale of distilled spirits would serve as an incidental use to the establishment operations. Section IV (Table IV - 1: Land Use Matrix) of the Old Town Specific Plan allows for the incidental sale of alcoholic beverages in conjunction with an otherwise allowable use as a conditionally permitted use. 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; Crush and Brew is located in an existing portion an existing commercial building within the Old Town Specific Plan Downtown Core District. The proposed conditional uses are compatible with the nature, condition and development of adjacent uses, buildings and structures, and the proposed conditional uses 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; The application will allow for indoor live entertainment and a Type 47 ABC License (Special On Sale General — Eating Place) at an existing commercial building location. The site will remain unchanged in size and shape to accommodate the uses prescribed in the Development Code as required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed conditional uses are not detrimental to the health, safety and general welfare of the community; The project meets all requirements of the Fire Code, the Building Code, Development Code and General Plan which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. E. That the decision to 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 or City Council on appeal; The decision to conditionally approve the application for a Conditional Use Permit has been 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 request for a Conditional Use Permit for indoor live entertainment and a Type 47 ABC License (On Sale General — Eating Place) at the Crush and Brew will be conducted in an existing restaurant in a developed commercial building. All access and public utilities are available to the site. The proposed use, with issuance of a Conditional Use Permit, is in conformance with all zoning requirements of the Development Code. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA14-0184, a Conditional Use Permit to allow for the existing Crush and Brew restaurant to provide indoor live entertainment and to upgrade their liquor license from a Type 41 ABC License (On -Sale Beer and Wine) to a Type 47 (On Sale General -Eating Place) located at 28544 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 15th day of October, 2014. Stanley Harter, Chairman ATTEST: Armando G. Villa, AICP Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Armando G. Villa, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 14- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 15th day of October, 2014, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Armando G. Villa, AICP Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT.CONDITIONS OF APPROVAL Planning Application No.: PA14-0184 Project Description: A Conditional Use Permit to allow for Crush and Brew Restaurant, a bona fide eating establishment, to provide indoor live entertainment and to upgrade their liquor license from a Type 41 ABC License (On -Sale Beer and Wine) to a Type 47 (On Sale General -Eating Place) license at 28544 Old Town Front Street Assessor's Parcel No. MSHCP Category: DIF Category: TUMF Category: Quimby Category: Approval Date: Expiration Date: PLANNING DIVISION 922-033-009 NA (No New Square Footage/Grading) NA (No New Square Footage) NA (No New Square Footage) Exempt (Non -Residential) October 15, 2014 October 15, 2016 Within 48 Hours of the Approval of This Project PL -1. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division 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 Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Wildlife Code Section 711.4(c)). General Requirements PL -2. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City 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. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL -4. Expiration. 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, or use of a property in conformance with a Conditional Use Permit. PL -5. 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 3 one-year extensions of time, one year at a time. PL -6. 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. PL -7. Statement of Operations. The applicant shall comply with their Statement of Operations dated August 13, 2014, on file with the Planning Division, unless superseded by these Conditions of Approval. PL -8. Compliance with City Noise Ordinance. The project shall operate in conformance with all requirements and regulations of Chapter 9.20 (Noise) of the Temecula Municipal Code. PL -9. Live Entertainment. All live entertainment that includes live bands, live DJ's, and/or live amplified music, is restricted to indoor venues and must be contained where all windows and doors that access the exterior, are closed during operations. PL -10. Indoor Live Entertainment Hours. Indoor live entertainment is only permitted Friday and Saturday evenings between the hours of 8:00 p.m. and 11:00 p.m. PL -11. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL -12. 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. PL -13. Compliance with State Laws and Labor Code. The permittee shall comply with all applicable state laws, including the California Labor Code. PL -14. Compliance with Riverside County Health Department Requirements. The permittee and the establishment shall be in compliance with all Riverside County Health Department requirements. PL -15. Posting of Local Transportation Providers. 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 at (951) 676-5090. PL -16. L.E.A.D. Training. 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. BUILDING AND SAFETY DIVISION No Conditions. POLICE DEPARTMENT General Requirements PD -1. Type 47 License. The 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. Consumption of Alcoholic Beverages in Public Prohibited. The applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. PD -3. Ensure No Alcohol Sold or Consumed by Person Under the Age of 21. The applicant shall ensure that no alcohol is sold to or consumed by any person under the age of 21. PD -4. Identification Verification. 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. Acceotable Forms of Identification. As noted above, only a valid government issued identification card issued by a 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. Compliance with 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. Maintain Premises as a Bona Fide Eating Place. 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. No Alcohol Sales Between 2:00 a.m. and 6 a.m. 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. Serving Containers. Drinks should be served in containers as follows: Beer 12 oz. or less Wine 4 1/2 oz. or less Spirits 1 '/4 oz. or less PD -10. Inspections. 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 -11. Disorderly House. 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 -12. Employee Training for Identification Checks. The applicant shall ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages are trained in the proper procedures and identification checks. The Temecula Police Department provides free training for all employers 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 Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. PD -13. Entertainment Rules. 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 -14. Undue Number of Calls for Service. 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 -15. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951)506-5132. PUBLIC WORKS DEPARTMENT No Conditions. STATEMENT OF OPERATIONS August 13, 2014 T E M E C U L A V A L L E Y WINERY MANAGEMENT Statement of Operations With our application for a Temporary Use Permit we plan to continue the majority of our operations as we do under our current licensing. The expected operations for Crush & Brew are outlined below. Our operating hours will remain 11:30 A.M. through 10:00 P.M. Sunday -Thursday, 11:30 A.M. through 12:00 A.M. Friday and Saturday. We anticipate staffing 30-35 employees, including security at the entryway and inside the restaurant Friday and Saturday evenings. During peak business hours we expect to serve up to 150 total guests at a time, providing both alcohol and substantial food. The restaurant provides ADA access through our patio as well as ADA height bar tops and seating for handicapped guests. There will not be a need for additional structures or restrooms, the existing facilities can accommodate all planned operations. Crush & Brew will continue to schedule entertainment Friday and Saturday nights, because the venue is enclosed, the effect on surrounding areas should be minimal and contained. The license change will not affect surrounding parking in Old Town Temecula. Because Crush & Brew is an existing business operating with a Type 42 license we do not anticipate major changesfo the facility to accommodate the transition to a Type 47 license. Thank you, Rebaux Stevry STATEMENT OF JUSTIFICATION a4 T E M E C U L A V A L L E Y WINERY MANAGEMENT Statement of Justification August 13, 2014 The site for the proposed permit is suitable and adequate for use of a Minor Conditional Use Permit. Crush & Brew has been operating at the current site, with the current facilities for nearly two years without detriment to the surrounding areas. Old Town Front Street serves as a hub for restaurant and retail consumers with appropriate traffic, parking and resources to alleviate street congestion as is. We do not expect any impact on the surrounding community or development within our immediate area. The restaurant has functioned in the surrounding community and maintained a positive relationship and effect on Old Town, both with patrons and the ity; we do not foresee any change. Thankvou,// Rebaux NOTICE OF PUBLIC HEARING Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No: PA14-0184 Applicant: Rebaux Steyn Proposal: A Conditional Use Permit to allow for the existing Crush and Brew restaurant to upgrade their liquor license from a Type 41 ABC license (On -Sale Beer and Wine) to a Type 47 (On Sale General — Eating Place) license, located at 28544 Old Town Front Street. Environmental: 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) Case Planner: James Atkins, (951) 240-4206 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: October 15, 2014 Time of Hearing: 6:00 p.m. Project Site s 5� sr o e 4, st 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.citvoftemecula.org. 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.org — 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. G:\PLANNINGQ014\PA14-0184 Crush and Brew Type 47 CUP\Planning\Hearing - Planning Commission\PC-NOPH PA14-0184.docx ITEM 5 3STAFF REPORT—PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: October 15, 2014 TO: Planning Commission Chairperson and members of the Planning Commission FROM: Armando G. Villa, AICP, Director of Community Development PREPARED BY: James Atkins, Case Planner PROJECT Planning Application No. PA14-0135, a Conditional Use Permit for SUMMARY: indoor live entertainment and a Type 47 ABC License (On Sale General — Eating Place) for Tabu Sushi Bar and Grill, a bona fide eating establishment, located at 28693 Old Town Front Street, Suites 101 and 102 RECOMMENDATION: Adopt a Resolution approving the project subject to Conditions of Approval CEQA: Categorically Exempt Section 15301, Class 1 Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Samuel Acosta General Plan Old Town Specific Plan Implementation (SPI) Designation: Zoning Designation: Downtown Core District (DTC) Existing Conditions/ Land Use: Site: Existing commercial building/Downtown Core North: Existing commercial building/Downtown Core South: Existing commercial building/Downtown Core East: Existing commercial building/Downtown Core West: Existing commercial building/Downtown Core Existing Min/Max Allowable Lot Area: 6,470 Sq. Ft. N/A for existing lots Total Floor Area/Ratio: 2,677 Sq. Ft. N/A Landscape Area/Coverage: N/A N/A Parking Required/Provided: N/A The Old Town Specific Plan does not require parking for commercial uses BACKGROUND SUMMARY On June 23, 2014, Samuel Acosta submitted Planning Application No. PA14-0135, a Conditional Use Permit, for Tabu Sushi to allow for indoor live entertainment and the acquisition a Type 47 ABC License in order to meet the expectations of restaurant patrons seeking distilled spirits, and to be competitive with surrounding eating establishments that currently possess a similar license. As one of many full-service restaurants in the Downtown Core, Tabu Sushi has identified the need to be competitive with other surrounding eating establishments that offer distilled spirits as critical for their success. Therefore, Tabu Sushi is requesting to acquire a Type 47 ABC License (On Sale General — Eating Place) at 28693 Old Town Front Street. 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 Tabu Sushi is a proposed restaurant to be located in the Downtown Core at 28693 Old Town Front Street. The restaurant will comprise approximately 2,682 square feet of interior floor area within a larger building that includes several other commercial businesses, as well as residential units. In addition to the restaurant's interior floor area, there is 715 square feet of exterior patio dining area which creates a total of 3,397 square feet for this use. No new additional floor area is proposed beyond this floor area. Tabu Sushi provides a full menu of specific food types to include Sushi, traditional Japanese food, steak, and other seafood. Operating hours will be 11:00 a.m. to 10:00 p.m. Sunday through Thursday, and 11:00 a.m. to 2:00 a.m. on Friday and Saturday. Between the hours of 10:00 p.m. and 1:30 a.m. on Fridays and Saturdays, the establishment will transition into an "after-hours" venue to include a DJ, dancing, and live bands on occasion. The Old Town Specific Plan does not require parking for commercial uses in the Downtown Core District. As Tabu Sushi is an existing building, the proposed conditional uses do not affect parking requirements. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U -T San Diego on October 2, 2014 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 Major Conditional Use Permit for indoor live entertainment and a Type 47 ABC License (On Sale General — Eating Place) at Tabu Sushi will be conducted in a proposed restaurant in an existing mixed-use building. All access and public utilities are available to the site. The proposed use, with issuance of a Conditional Use Permit, is in conformance with all zoning requirements of the Development Code. FINDINGS Conditional Use Permit (Old Town Specific Plan, Section IV. Land Use and Urban Development Standards, Table IV -1: Land Use Matrix) The proposed conditional use is consistent with the General Plan and the Development Code. Tabu Sushi proposes to operate as a full-service restaurant with the primary purpose of offering a full menu of specific food items, indoor live entertainment, as well as beer, wine, and distilled spirits. The proposed use is consistent with the City of Temecula General Plan which specifies Specific Plan Implementation (SP1) designation for this site and allows for restaurants and other service oriented businesses. Tabu Sushi proposes to locate in an existing mixed-use building. The sale of beer, wine, and distilled spirits would serve as an incidental use to the establishment operations. Section IV (Table IV -1: Land Use Matrix) of the Old Town Specific Plan allows for the incidental sale of alcoholic beverages in conjunction with an otherwise allowable use as a conditionally permitted use. 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. Tabu Sushi is proposed in an existing portion an existing mixed-use building within the Old Town Specific Plan Downtown Core District. The proposed conditional uses are 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 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 application will allow for indoor live entertainment and a Type 47 ABC License (Special On Sale General — Eating Place) at an existing mixed-use building location. The site will remain unchanged in size and shape to accommodate the uses prescribed in the Development Code as required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project meets all requirements of the Fire Code, Building Code, Development Code and General Plan which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. That the decision to 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 or City Council on appeal. The decision to conditionally approve the application for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Planning Commission. ATTACHMENTS Aerial Map Plan Reductions Resolution Exhibit A — Conditions of Approval Statement of Operations Statement of Justification Notice of Public Hearing 4 AERIAL MAP to • q h� � � .• � • ..,moi `y .r a 1 , vi< PLAN REDUCTIONS TABU SUSHI BAR / TEMECULA,, TENANT IMPROVEMENT FOR NEW RESTAURANT ! 28693 OLD TOWN FRONT STREET, STE. 101 & 102, TEMECULA, CA. 92592 NORTH p)\y�pl ca 9N.TW rn r GOMM ImAym ,C, �I?r 1 "`7 I to.0j/ /�%///ml0.00 4 o +ol Lxor m � (V soonOF vlowg r(V bi(rP 1d-�pxpaYlrq V4L3 V/ YV Lb19IT rMpfgl\ .Ll E,IffM VYLS L Vbmlli 10 SYb V L.1\M4d10 L.W ' ,Y IP \\a[-1+ S\EY ,mL C I..,. xv r eLr \IP rair. 0. LA r Yv L4pV 4pNp rlry( r(V L/Ll\. KM { veL,[ Ti .'O eR [WL`R. TO w I.W. ae:E nw __ lllC/r\[r r\ CL110Y a Lx12111a bIKVY 1 E42111b L 1 rEV [lrC\bC/L rY[LS, YV VIIIY4 \O T iN cal.q.\ eI.II'M w t nlslpyt lrOW1.Y\o X71, IN OE—' 1VYI !UNRVMI. 10 NC1lpVVYltC\ r 6 Yw[VM. 1 1. Y I\ Iw I co OFexE 1[q4 MTIW. Rp 1I1RUC11N r p 10 Y rraw roam[ TABU rMM up*= sL>mxro rno[: rev ® NFA Or allp00[lATM ,u a ® sww a arw o +ol Lxor m � TABU SUSHI BAR / TEMECULA 9 C QOIGWN FRpST ST., MMC -C G/,./MNAJ IMGflOVEM@f! _g I ZO—mmp it I N RYI "t - fig �a9 i ) 1�1 I � II l,'!� m.� �� � •. �Y ! ®R I LII Y li .I gyp— ®qpop1 "fig"�abI SpA gpgp a{® ; a I® l I mr �pp c �y9 aF€ g PA ggS gp ➢ TABU SUSHI BAR •� A 2M° Cn n0o ala Nn 2568301tl Tovm Front Street A',I g p . g� T.n.N. C. . F aa: TemeC Ia. CA esu � jp y„ggp TABU SUSHI BAR / TEMECULA 9 C QOIGWN FRpST ST., MMC -C G/,./MNAJ IMGflOVEM@f! _g I ZO—mmp I N "t - fig �a9 TABU SUSHI BAR / TEMECULA 9 C QOIGWN FRpST ST., MMC -C G/,./MNAJ IMGflOVEM@f! _g I ZO—mmp s PC RESOLUTION PC RESOLUTION NO. 14- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA14-0135, A CONDITIONAL USE PERMIT FOR INDOOR LIVE ENTERTAINMENT AND A TYPE 47 ABC LICENSE (ON SALE GENERAL — EATING PLACE) FOR TABU SUSHI BAR AND GRILL, A BONA FIDE EATING ESTABLISHMENT, LOCATED AT 28693 OLD TOWN FRONT STREET, SUITES 101 AND 102 (APN 922-046-010) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On June 23, 2014 Samuel Acosta filed Planning Application No. PA14- 0135, 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 October 15, 2014, 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. PA14-0135 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: Major Conditional Use Permit, Development Code Section 17.04.010 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; Tabu Sushi proposes to operate as a full-service restaurant with the primary purpose of offering a full menu of specific food items, live entertainment, as well as beer, wine, and distilled spirits. The proposed use is consistent with the City of Temecula General Plan which specifies Specific Plan Implementation (SPI) designation for this site and allows for restaurants and other service oriented businesses. Tabu Sushi proposes to locate in an existing mixed-use building. The sale of beer, wine, and distilled spirits would serve as an incidental use to the establishment operations. Section IV (Table IV -1: Land Use Matrix) of the Old Town Specific Plan allows for the incidental sale of alcoholic beverages in conjunction with an otherwise allowable use as a conditionally permitted use. 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; Tabu Sushi is proposed in an existing portion an existing mixed-use building within the Old Town Specific Plan Downtown Core District. The proposed conditional uses are 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. 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 application will allow for indoor live entertainment and a Type 47 ABC License (Special On Sale General — Eating Place) at an existing mixed-use building location. The site will remain unchanged in size and shape to accommodate the uses prescribed in the Development Code as required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The project meets all requirements of the Fire Code, Building Code, Development Code and General Plan which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. E. That the decision to 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 or City Council on appeal; The decision to conditionally approve the application for a Conditional Use Permit has been 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 request for a Conditional Use Permit for indoor live entertainment and a Type 47 ABC License (On Sale General — Eating Place) at Tabu Sushi will be conducted in a proposed restaurant in an existing mixed-use building. All access and public utilities are available to the site. The proposed use, with issuance of a Conditional Use Permit, is in conformance with all zoning requirements of the Development Code. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA14-0135, a Conditional Use Permit for indoor live entertainment and a Type 47 ABC License (On Sale General — Eating Place) for Tabu Sushi Bar and Grill, a bona fide eating establishment, located at 28693 Old Town Front Street, Suites 101 and 102, 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 15`h day of October, 2014. Stanley Harter, Chairman ATTEST: Armando G. Villa, AICP Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Armando G. Villa, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 14- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 15th day of October, 2014, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Armando G. Villa, AICP Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA14-0135 Project Description: A Conditional Use Permit a Conditional Use Permit for indoor live entertainment and a Type 47 ABC License (On Sale General — Eating Place) for Tabu Sushi Bar and Grill, a bona fide eating establishment, located at 28693 Old Town Front Street, Suite 101 and 102. Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Quimby Category: Approval Date: Expiration Date: PLANNING DIVISION 922-046-010 NA (No New Square Footage/Grading) NA (No New Square Footage) NA (No New Square Footage) Exempt (Non -Residential) October 15, 2014 October 15, 2016 Within 48 Hours of the Approval of This Project PL -1. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division 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 Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Wildlife Code Section 711.4(c)). General Requirements PL -2. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City 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. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL -4. Expiration. 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, or use of a property in conformance with a Conditional Use Permit. PL -5. 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 3 one-year extensions of time, one year at a time. PL -6. 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. PL -7. Statement of Operations. The applicant shall comply with their Statement of Operations dated September 18,2014, on file with the Planning Division, unless superseded by these Conditions of Approval. PL -8. Compliance with City Noise Ordinance. The project shall operate in conformance with all requirements and regulations of Chapter 9.20 (Noise) of the Temecula Municipal Code. PL -9. Live Entertainment. All live entertainment that includes live bands, live DJ's, and/or live amplified music, is restricted to indoor venues and must be contained where all windows and doors that access the exterior, are closed during operations. PL -10. Indoor Live Entertainment Hours. Indoor live entertainment is only permitted Friday and Saturday evenings between the hours of 10:00 p.m. and 1:30 a.m. PL -11. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL -12. 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. PL -13. Compliance with State Laws and Labor Code. The permittee shall comply with all applicable state laws, including the California Labor Code. PL -14. Compliance with Riverside County Health Department Requirements. The permittee and the establishment shall be in compliance with all Riverside County Health Department requirements. PL -15. Posting of Local Transportation Providers. 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 at (951) 676-5090. PL -16. L.E.A.D. Training. 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. BUILDING AND SAFETY DIVISION General Conditions B-1. 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. B-2. Compliance with Code. All design components shall comply with applicable provisions of the 2013 edition of the California Building, Plumbing and Mechanical Codes; 2013 California Electrical Code; California Administrative Code, 2013 California Energy Codes, 2013 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. B-3. Green Measures. The applicant shall provide 10% voluntary green measures on the project, as stipulated by the 2013 California Green Building Standards. B-4. Disabled Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. All ground floor units to be adaptable. b. Disabled access from the public way to the main entrance of the building. c. Van accessible parking located as close as possible to the main entry d. Path of accessibility from parking to furthest point of improvement. e. Path of travel from public right-of-way to all public areas on site, such as club house, trash enclose tot lots and picnic areas. B-5. 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. B-6. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. B-7. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. B-8. Demolition. Demolition permits require separate approvals and permits. B-9. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. At Plan Review Submittal B-10. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (3) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. Prior to Issuance of Grading Permit(s) B-11. Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval. B-12. Demolition Permits. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. Prior to Issuance of Building Permit(s) B-13. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction B-14. Pre -Construction Meeting. A pre -construction meeting is required with the building inspector prior to the start of the building construction. POLICE DEPARTMENT General Requirements PD -1. Type 47 License. The 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. Consumption of Alcoholic Beverages in Public Prohibited. The applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. PD -3. Ensure No Alcohol Sold or Consumed by Person Under the Age of 21. The applicant shall ensure that no alcohol is sold to or consumed by any person under the age of 21. PD -4. Identification Verification. 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. Acceptable Forms of Identification. As noted above, only a valid government issued identification card issued by a 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. Compliance with 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. Maintain Premises as a Bona Fide Eating Place. 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. No Alcohol Sales Between 2:00 a.m. and 6 a.m. 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 than the law. Those licenses are marked "Conditional" (23805 B&P). PD -9. Inspections. 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 -10. Disorderly House. 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. Employee Training for Identification Checks. The applicant shall ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages are trained in the proper procedures and identification checks. The Temecula Police Department provides free training for all employers 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 Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. PD -12. Entertainment Rules. 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 -13. Undue Number of Calls for Service. 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 -14. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951)506-5132. PUBLIC WORKS DEPARTMENT No Conditions. STATEMENT OF OPERATIONS Statement Of Operations Tabu Sushi Bar & Grill is projected to have approximately 20 employees. We will be operating a full kitchen consisting of sushi, traditional Japanese food, steak, and other seafood dishes. We will be open everyday of the week, Sunday through Wednesday from 10AM-1OPM and on Thursday through Saturday from 10AM- 2AM. On Thursday through Saturday, we will serve food all day until 9:30 PM. At 10:30 PM, we will open our doors and offer nightlife entertainment to adults only. At this time, our professional security staff will card individuals at the door and require that they be age 21 and older. Our nightlife entertainment will include a full service bar, a DJ, and a gated, outdoor lounge area. Alcohol will stopped being served at 1:30AM. Our facility includes common area bathrooms that are open 24 hours a day. Also, our facility is ADA compliance. The city parking in Old Town is available to our customers. We have a total occupancy of 131 people. With a minor conditional use permit, we will have a complete operational restaurant during our regular hours and nightlife after hours. we ac -e Gl '7 '-1.7 o v, General Comments 1a) Restaurant Days/ Hours Sun-Thurs: 11AM-10PM Fri -Sat: 11AM-11PM Nightclub Hours Fri -Sat 11PM-2AM RECE SEP 18 20174 lb) Conversion will be as follows: Our full menu will end at 1OPM. We will then offer a limited after hours menu from 1OPM-1:30 AM. Minors are not allowed to enter the restaurant after 10 PM. Nightclub will not start until are families are done dining. 1c) We will make an after hours menu that will include appetizers and sushi. 1d) Yes, a professional security staff will be hired. 1e) Yes our dress code is: No baseball caps No gang related clothing Must wear shoes and a shirt No flip flops 10 Our entertainment will consist of a DJ, dancing, and live bands on occasion. Our type of music is soft rock, pop, 80's & 90's music, ect. General Requirements la) Occupancy Load: 131 1b) Occupancy Inside: 47 Occupancy outside: 84 1c) Restaurant bathrooms are located in a common area of the building (center, right next to our suite. Access is through a door that is in our suite) ld-f) Clarified on new set of plans Fire Prevention 1-3) Clarified on new set of plans 4) Yes, the outdoor seating area will be enclosed. Each area will have a door that you can enter/ exit directly to the restaurant. Each area will also have a gate from where you can exit if need be. STATEMENT OF JUSTIFICATION Statement of Justification Tabu Sushi Bar & Grill is a sushi restaurant requesting a Minor Conditional Use Permit to serve alcoholic beverages with liquor. The site is has a max capacity of 131 people including our outdoor patio seating. As our customers enjoy their meal, we would like to offer them the choice of a beverage containing liquor. Offering a full service bar at our restaurant would not have an adverse effect on traffic circulation or on the planned capacity of the street system. It will have a positive effect on our business because it will make us competitive with other restaurants in Old Town Temecula. Our proposed use would also provide another leisure spot for the community to enjoy. Our project design is perfectly compatible with the existing and proposed development within the district and its surroundings. Old Town Temecula has grown and developed an atmosphere much like Downtown San Diego, where young adults can have a night out on the town, go dance, and have a couple of drinks. The concept of having a sushi restaurant during the day and a leisure spot at night provides for another place to go to on Old Town Front Street. NOTICE OF PUBLIC HEARING Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No: PA14-0135 Applicant: Samuel Acosta Proposal: A Conditional Use Permit for indoor live entertainment and a Type 47 ABC License (On Sale General - Eating Place) for Tabu Sushi Bar and Grill, a bona fide eating establishment, located at 28693 Old Town Front Street, Suite 101 and 102. Environmental: 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) Case Planner: James Atkins, (951) 240-4206 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: October 15, 2014 Time of Hearing: 6:00 p.m. 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.citvoftemecula.om. 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.citvoftemecula.org — 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. GAPLANNING\2014\PA14-0135 TABU Bar and Grill CUP\Planning\Hearing -Planning Commission\PC-NOPH PA14-0135.docx