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HomeMy WebLinkAbout040319 PC Agenda In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II]. AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA APRIL 3, 2019 —6:00 PM Next in Order: Resolution: 19-13 CALL TO ORDER: Flag Salute: Gary Youmans Roll Call: Guerriero, Telesio, Turley-Trejo, Watts and Youmans PUBLIC COMMENTS A total of 15 minutes is provided for members of the public to 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 may 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 may be filed with the Commission Secretary prior to the Commission addressing that item. There is a three-minute time limit for individual speakers. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Action Minutes of March 20, 2019 1 2 Director's Hearing Summary Report RECOMMENDATION: 2.1 Receive and File PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Community Development Department application and must be accompanied by the appropriate filing fee. 3 Planning Application Number PA18-1587, a Conditional Use Permit and Public Convenience or Necessity Application for an existing Chevron/ExtraMile to obtain a Type 20 ABC License for the sale of beer and wine at 28900 Rancho California Road, Eric Jones RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION NO. 19- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-1587, A CONDITIONAL USE PERMIT AND PUBLIC CONVENIENCE OR NECESSITY APPLICATION FOR AN EXISTING CHEVRON/EXTRAMILE TO OBTAIN A TYPE 20 ABC LICENSE FOR THE SALE OF BEER AND WINE AT 28900 RANCHO CALIFORNIA ROAD, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN: 921-060-025) 4 Planning Application Number PA18-0985, a Conditional Use Permit to allow for Small Barn restaurant to obtain an ABC Type 47 License (On-Sale General — Eating Place) at 28535 Old Town Front Street, Scott Cooper RECOMMENDATION: 4.1 Adopt a resolution entitled: 2 PC RESOLUTION NO. 19- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-0985, A CONDITIONAL USE PERMIT TO ALLOW FOR SMALL BARN RESTAURANT TO OBTAIN AN ABC TYPE 47 LICENSE (ON-SALE GENERAL — EATING PLACE) AT 28535 OLD TOWN FRONT STREET AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) REPORTS FROM COMMISSIONERS REPORTS FROM COMMISSION SUBCOMMITTEE(S) DIRECTOR OF COMMUNITY DEVELOPMENT REPORT DIRECTOR OF PUBLIC WORKS REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, April 17, 2019, 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—TemeculaCA.goy—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—TemeculaCA.goy—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 Community Development Department at the Temecula Civic Center, (951)694-6400. 3 ITEM 1 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA MARCH 20, 2019 —6:00 PM Next in Order: Resolution: 19-09 CALL TO ORDER: Gary Youmans called the meeting to order at 6:00 PM Flag Salute: Ron Guerriero led the audience in the Flag Salute ROLL CALL: Present: Guerriero, Turley-Trejo, and Watts ABSENT: TELESIO, AND YOUMANS Also Present: Watson, Fisk, Peters, Marroquin, West, Jones, Rabidou, Moreno, and Jacobo PUBLIC COMMENTS There were no requests to speak. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action. CONSENT CALENDAR 1 Minutes: RECOMMENDATION: 1.1 Approve the Action Minutes of February 20, 2019 APPROVED 3-0-2, MOTION MADE BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER TURLEY-TREJO; AYE VOTES FROM COMMISSIONERS, GUERRIERO, TURLEY-TREJO AND WATTS; TELESIO AND YOUMANS ABSENT PUBLIC HEARING ITEMS 2 Planning Application Number PA18-1218, a Modification to a Development Plan to modify an existing building to add approximately 500 square feet, alter the exterior elevations, and update the site for ADA access at 28636 Old Town Front Street, Brandon Rabidou PLANNING COMMISSION ACTION MINUTES — MARCH 20, 2019 Page 2 APPROVED AS AMENDED 3-0-2, MOTION MADE BY COMMISSIONER TURLEY- TREJO, SECOND BY COMMISSIONER GUERRIERO; AYE VOTES FROM COMMISSIONERS GUERRIERO, TURLEY-TREJO AND WATTS; TELESIO AND YOUMANS ABSENT RECOMMENDATION: 2.1 Adopt a resolution entitled: PC RESOLUTION NO. 19-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-1218, A MODIFICATION TO A DEVELOPMENT PLAN TO MODIFY AN EXISTING BUILDING TO ADD APPROXIMATELY 500 SQUARE FEET, ALTER THE EXTERIOR ELEVATIONS, AND UPDATE THE SITE FOR ADA ACCESS AT 28636 OLD TOWN FRONT STREET, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 922-034-036) 3 Planning Application Number PA18-1610, a Conditional Use Permit to allow an existing restaurant to obtain a Type 47 (On-Sale General — Eating Place) License from ABC for a protect located at 28636 Old Town Front Street (APN: 922-034-036), Eric Jones APPROVED 3-0-2, MOTION MADE BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER WATTS; AYE VOTES FROM COMMISSIONERS, GUERRIERO, TURLEY-TREJO, AND WATTS; TELESIO AND YOUMANS ABSENT RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION NO. 19-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-1610, A CONDITIONAL USE PERMIT TO ALLOW AN EXISTING RESTAURANT TO OBTAIN A TYPE 47 (ON-SALE GENERAL— EATING PLACE) LICENSE FROM ABC AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A PROJECT LOCATED AT 28636 OLD TOWN FRONT STREET (APN 922-034-036) 4 Long Range Planning Application Number LR18-0861, an amendment to the Temecula Municipal Code amending Titles 1, 8, 10, 15, 16, and 17 to add definitions, make minor policy clarifications and make minor typographical corrections, Dale West APPROVED WITH THE REVISED ORDINANCE 3-0-2, MOTION MADE BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER TURLEY-TREJO; AYE VOTES FROM COMMISSIONERS GUERRIERO, TURLEY-TREJO, AND WATTS; TELESIO AND YOUMANS ABSENT RECOMMENDATION: PLANNING COMMISSION ACTION MINUTES — MARCH 20, 2019 Page 3 4.1 Adopt a resolution entitled: PC RESOLUTION NO. 19-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED " AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 1, 8, 10, 15, 16 AND 17 OF THE TEMECULA MUNICIPAL CODE TO ADD DEFINITIONS, MAKE MINOR POLICY CLARIFICATIONS AND MAKE MINOR TYPOGRAPHICAL EDITS AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061 (B)(3)." 5 Long Range Nos. LR16-0223 and LR17-0724, an amendment to the Uptown Temecula Specific Plan to make clarifications for the setbacks of buildings and parking spaces, the placement and/or relocation of utilities, clarification of legal non-conforming uses, the allowance of certain land uses as required by state law, to make minor typographical edits and the adoption of Appendix G, establishing streetscape and sidewalk standards for the Uptown Temecula Specific Plan, which includes the specifications for concrete materials, street lighting, street trees, and understorV plants, Dale West APPROVED 3-0-2, MOTION MADE BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER TURLEY-TREJO; AYE VOTES FROM COMMISSIONERS GUERRIERO, TURLEY- TREJO, AND WATTS; TELESIO AND YOUMANS ABSENT RECOMMENDATION: 5.1 Adopt a resolution entitled: PC RESOLUTION NO. 19-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE UPTOWN TEMECULA SPECIFIC PLAN, TO CLARIFY THE SETBACKS OF BUILDINGS AND PARKING SPACES, THE PLACEMENT AND/OR RELOCATION OF UTILITIES, TO CLARIFY LEGAL NON-CONFORMING USES, TO INCLUDE CERTAIN LAND USES AS REQUIRED BY STATE LAW, TO MAKE MINOR TYPOGRAPHICAL EDITS AND TO ADOPT UPTOWN TEMECULA STREETSCAPE AND SIDEWALK STANDARDS FOR THE UPTOWN TEMECULA SPECIFIC PLAN, WHICH INCLUDE THE SPECIFICATIONS FOR CONCRETE MATERIALS, STREET LIGHTING, STREET TREES, AND UNDERSTORY PLANTS, AND MAKING THE DETERMINATION THAT THE PROPOSED STREETSCAPE AND SIDEWALK STANDARDS AND AMENDMENTS TO THE UPTOWN TEMECULA SPECIFIC PLAN ARE EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (LONG RANGE PLANNING APPLICATION NO. LR16-0223 AND LR17-0724)" PLANNING COMMISSION ACTION MINUTES — MARCH 20, 2019 Page 4 REPORTS FROM COMMISSIONERS REPORTS FROM COMMISSION SUBCOMMITTEE(S) DIRECTOR OF COMMUNITY DEVELOPMENT REPORT DIRECTOR OF PUBLIC WORKS REPORT ADJOURNMENT The Planning Commission meeting was adjourned at 7:13 p.m., to the next regular meeting: Planning Commission, Wednesday, April 3, 2019, 6:00 PM City Council Chambers, 41000 Main Street, Temecula, California. Gary Watts, Chairperson Luke Watson Planning Commission Director of Community Development ITEM 2 CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Director of Community Development DATE: April 3, 2019 SUBJECT: Director's Hearing Summary Report Planning Director's Agenda item(s) for March, 2019. Date Case No. Proposal Applicant Action A Conditional Use Permit to allow Dmitriy Isayev, March 21, 2019 PA18-1576 automobile sales with indoor display of on Behalf of APPROVED vehicles at the property located at 43214 Destination Blackdeer Loop Motors Attachments: Action Agendas ACTION AGENDA ACTION AGENDA TEMECULA COMMUNITY DEVELOPMENT DIRECTOR'S HEARING MEETING March 21, 2019 1:30 P.M. TEMECULA CITY HALL Great Oak Conference Room 41000 Main Street Temecula, CA 92590 DH Resolution: 19-02 CALL TO ORDER: Luke Watson, Director of Community Development PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Director of Community Development on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Director about an item not listed on the Agenda, a white "Request to Speak" form may be filled out and filed with the Director. When you are called to speak, please come forward and state your name and address. Item No. 1 1:30 PM Project Number. PA18-1576 Project Type: Conditional Use Permit Project Title: Destination Motors CUP Applicant: Dmitriy Isayev, on Behalf of Destination Motors Project Description: A Conditional Use Permit to allow automobile sales with indoor display of vehicles at the property. Location: 43214 Blackdeer Loop Environmental Action: Section 15301, Class 1, Existing Facilities Project Planner: Eric Jones ACTION: APPROVED The meeting was adjourned at 1:35 p.m. ITEM 3 STAFF REPORT— PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: April 3, 2019 TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Director of Community Development PREPARED BY: Eric Jones, Case Planner PROJECT Planning Application Number PA18-1587, a Conditional Use Permit SUMMARY: and Public Convenience or Necessity Application for an existing Chevron/ExtraMile to obtain a Type 20 ABC License for the sale of beer and wine at 28900 Rancho California Road. 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: Sherrie Olson, on behalf of G&M Oil Co., LLC. General Plan Specific Plan Implementation (SPI) Designation: Zoning Designation: Specific Plan No. 14 (Uptown Temecula Specific Plan) Existing Conditions/ Land Use: Site: Existing Gas Station with Convenience Store / Specific Plan Implementation (SPI) North: Existing Hotel / Specific Plan Implementation (SPI) South: Rancho California Road, Existing Gas Station / Specific Plan Implementation (SPI) East: Existing Commercial Building / Specific Plan Implementation (SPI) West: Jefferson Avenue, Murrieta Creek/Specific Plan Implementation (SPI) Existing/Proposed Min/Max Allowable or Required Lot Area: 0.76 Acres 0.22 Acres Total Floor Area/Ratio: N/A N/A Total Floor Area/Ratio: N/A N/A Landscape Area/Coverage: N/A N/A Parking Required/Provided: N/A N/A AFFORDABLE HOUSING Located in Affordable Housing Overlay Zone (AHOZ)? ❑ Yes ® No AHOZ Gain/Loss: N/A BACKGROUND SUMMARY On December 27, 2018, Sherrie Olson, on behalf of G&M Oil Co., LLC., submitted Planning Application PA18-1587 a Conditional Use Permit (CUP) and Public Convenience or Necessity (PC or N) application to allow for a California Department of Alcoholic Beverage Control (ABC) Type 20 License (Off-Sale Beer & Wine — Package Store) for an existing gas station with a convenience store. 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 Conditional Use Permit The applicant has applied for a Type 20 license (off-sale beer and wine) with the California Department of Alcoholic Beverage Control (ABC). The license will allow the gas station convenience store to sell beer and wine for consumption off-site. The City of Temecula Development Code allows for the sale of alcohol at fuel stations upon the approval of a Conditional Use Permit (Section 17.10.010). The business will continue to operate twenty-four hours a day, seven days a week. Alcohol sales are proposed from 6:00 A.M. to 2:00 A.M. The City of Temecula Development Code states that businesses selling alcoholic beverages that require a Conditional Use Permit shall not be located within 600 feet of any religious or educational institution, daycare center, or public park. The code indicates that this distance shall be measured between the main entrance of the alcohol selling business and the closest public entrance of the religious or educational institution, daycare center, or public park. There are no religious or educational institutions, daycare centers, or public parks located within 600 feet of the project site. Staff contacted the City of Temecula Police Department (PD)to inquire about calls for service to the business. PD informed staff that the calls for service requested are typical of a gas station business. Furthermore, PD stated that they do not consider the level of calls for the business problematic and are able to support the application. PD has provided Conditions of Approval for the project. The Development Code (Section 17.10.020.B.10.b) requires that the following supplemental standards be applied to fuel stations offering the sale of beer and wine: 2 i. No beer or wine shall be displayed within five feet of the cash register or building entrance. ii. No sale of alcoholic beverages shall be made from a drive-up window. iii. No display or sale of beer or wine shall be made from an ice tub or similar device or unit. iv. No beer or wine advertising shall be located on motor fuel islands. V. No beer or wine advertising shall be located on the building, windows, doors, or on freestanding signage. vi. No self-illuminated advertising for beer or wine shall be located on buildings or freestanding signage. vii. Only employees on duty between the hours of ten p.m. and two a.m. who are at least twenty-one years of age may sell alcoholic beverages. viii. Distilled spirits and pre-mixed spirit cocktails are prohibited. Each of these items have been included as Conditions of Approval for the project. Public Convenience or Necessity Application The store is located in Census Tract 0512.00. Under the California Department of Alcoholic Beverage Control's (ABC) regulations, Census Tract 0512.00 is considered "over-concentrated." By ABC's regulations, only one (1) off-sale license is permitted before a PC or N is required. The Census Tract currently has sixteen (16) active off-sale licenses. This concentration of off- sale licenses can be explained by the population residing in the tract versus the amount of commercial development within in the tract. Consequently, a significant portion of the actual population utilizing these facilities does not reside within the Census Tract. The table below provides a listing of those licenses within the Census Tract and the type of off-sale license held by the establishments. LICENSE TYPE BUSINESS LOCATION 20 Off-Sale Beer&Wine Creekside Gas & Food Mart 29155 Old Town Front Street 21 Off-Sale General MK Market 28410 Old Town Front Street 20 Off-Sale Beer&Wine Temecula 76 28903 Rancho California Road 20 Off-Sale Beer&Wine Springhill Suites by Marriott 28220 Jefferson Avenue 21 Off-Sale General Rancho Liquor 28322 Old Town Front Street 20 Off-Sale Beer&Wine The Gifting Group, LLC. 42210 Zevo Drive 20 Off-Sale Beer&Wine Ferro Family Wines, LLC 27495 Diaz Road 20 Off-Sale Beer&Wine Holiday Inn 27660 Jefferson Avenue 21 Off-Sale General Liquor Depot 27911 Jefferson Avenue 21 Off-Sale General Old Town Wine & Spirits 28780 Old Town Front Street 20 Off-Sale Beer&Wine Winchester Road Arco 4155 Winchester Road 20 Off-Sale Beer&Wine Wine on a Dime 28061 Jefferson Avenue 20 Off-Sale Beer&Wine Jefferson Gas & Market 27570 Jefferson Avenue 20 Off-Sale Beer&Wine Temecula Valley Cheese Co. 42072 Fifth Street 20 Off-Sale Beer&Wine Jo a Import Export, Inc. 43460 Ridge Park Drive 20 Off-Sale Beer&Wine Best Wei Chinese Health Food 27452 Jefferson Avenue 3 LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U-T San Diego on March 21, 2019 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) Under Section 15301, Class 1, Existing Facilities, licensing and permitting that involves negligible or no changes in use qualify for a categorical exemption. Alcohol sales are common ancillary uses in gas station convenience stores, and the sale of beer and wine (off-sale) involves a negligible change in use. Additionally, all access and public utilities are available to the site, and the use is in conformance with all zoning requirements of the Development Code. FINDINGS Conditional Use Permit (Section 17.04.010.E) The proposed conditional use is consistent with the General Plan and the Development Code. The conditional uses will consist of an automobile service station with a convenience store selling alcohol (Type 20 License). This use is permitted upon the approval of a Conditional Use Permit per the City of Temecula Development Code. The use is also consistent with the Specific Plan Implementation (SPI) General Plan designation for the project site. The City of Temecula Development Code states that businesses selling alcoholic beverages that require a Conditional Use Permit shall not be located within six hundred feet of any religious or educational institution, daycare center, or public park. The code indicates that this distance shall be measured between the main entrance of the alcohol selling business and the closest public entrance of the religious or educational institution daycare center or public park. None of these types of sensitive uses are located within 600 feet of the project site and the proposed use is therefore consistent with the General Plan and Development Code. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed project is surrounded by similar commercial uses that offer alcohol sales. For example, a 76 gas station with a Type 20 Licenses is located directly across Rancho California Road. In addition, the convenience store portion of the project is already constructed and operating. The Development Code requires a distance of 600 feet between an alcohol-selling establishment and sensitive uses. Sensitive uses do not exist within this 600-foot distance. Therefore, the use is compatible with the nature, condition and development of adjacent uses, 4 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 this Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The site has been reviewed and determined to be 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 and 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 conditional use has been reviewed in order to ensure compliance with all requirements of the Development, Building, and Fire Codes. These codes contain provisions designed to ensure for the health, safety, and general welfare of the community. In addition, the business implements a security plan with four primary crime deterrence components. These include visibility into and out of the store, interior and exterior lighting, cash control with no more than $50.00 in the register during the day and $30.00 at night, and store personnel training. No negative impacts are anticipated. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the Planning Director, Planning Commission, or City Council on appeal. The decision to conditionally approve the applications is based on substantial evidence in view of the record as a whole before the Planning Commission. Findinq of Public Convenience or Necessity(Section 17.10.020) Whether or not the proposed use is consistent with the General Plan and Development Code. The use is consistent with the City of Temecula General Plan which specifies that the project site is designated as Specific Plan Implementation (Uptown Temecula Specific Plan). The land use designation within the Specific Plan is Uptown Hotel/Tourism District (UHT). The proposed use is allowed within this district upon approval of a Conditional Use Permit and is therefore consistent with the General Plan and Development Code. Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses. The convenience store is located within an existing gas station convenience store on a developed lot. The proposed use is surrounded by similar commercial uses that offer alcohol. For example, a 76 gas station with a Type 20 Licenses is located directly across Rancho California Road. There are no sensitive uses within 600 feet of the proposed use. As conditioned, the proposed 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. 5 Whether or not the proposed use would have an adverse effect on adjacent land uses. As conditioned, the project will meet all requirements of the Development Code and General Plan, which provided safeguards for the adjacent land uses and the community as a whole. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations of the Development Code and General Plan intended to ensure that the development will be constructed and function in a manner that will not have an adverse effect on adjacent land uses. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity. Census Tract 0512.00, where the project is located, is currently considered "over-concentrated" with off-sale alcohol licenses by the California Department of Alcoholic Beverage Control(ABC). One (1) off-sale license is allowed within the tract by ABC before being considered by ABC to be "over-concentrated." Currently, the tract has sixteen (16) active licenses. This concentration of off-sale licenses can be explained by the population residing in the tract versus the amount of commercial development within in the tract. Consequently, a significant portion of the actual population utilizing these facilities does not reside within the Census Tract. As an ABC defined "over-concentrated" tract, a Finding of Public Convenience or Necessity is required for the approval of the Type 20(off-sale beer and wine) ABC license. ATTACHMENTS 1. Vicinity Map 2. Plan Reductions 3. Resolution 4. Exhibit A- Draft Conditions of Approval 5. Statement of Operations 6. Notice of Public Hearing 6 VICINITY MAP 921-060-025 CITY OF TEMECULA PA18-1587 m mP ° N � O ✓ O Project Site o�,�P �o �G o 1. p 2 I, 1 inch=200 feet 1:2,400 0 200 400 Feet '1 Hoo tof Southern California Date Created:3/8/2019 Wine Country The map PA18-1587.mxd is maintained by City of Temecula GIS.Data and information represented on this map are subject to update and modification.The City of Temecula assumes no warranty or legal responsibility for the information contained on this map.This map is not for reprint or resale.Visit the City of Temecula GIS online at htips://tomeculaca.gov/gis PLAN REDUCTIONS •ls'E '' Q`�' EXISTING NRn MARKET x F W PPOcuiE rAvx ua RM.IW1a1 . \MrAalrAFt (D O \ d) ®/@ ® 00 \ "of, Vale E \ \ "I Pat 1 Rancho \ ' . California Re, rc w IrN.) ! � rat TY mAr 91 p1 R ua xra �wrM War / Q 1 \\\ PAls / VICINITY NIAP SCALE: N r 5 laalrlMr r 0.'.N.921-060-025-1 / STREET ADDRESS: 269oo RANCHO cAOFoRwA ROAD \ LEGAL DESCRIPTION:P.K.6757,PARCEL I ZONING DESIGNATION: UP 14(UPTOWN SKMC PLAN) GENERAL PLAN DESIGNATION: HT (HI(PIWAY TOW W DO WEREIAt) EXISTING AND PROPOSED LAND USE: GAS STATION PATH 1 NEIGHBORHOOD MARKET \ TOTAL GROSS AREA- 65,000 SF. 1.49 Acresa dArrm_w TOTAL NET AREA - 33.105 S.F. 0.76 Acres TOTAL BUILDING AREA - 2.065 S.F. F.A.R. = 6.2 7. / LOT COVERAGE SQUARE =EFT PERCENTAGE SITE PLAN BUILDING 2,065 S.F. 6 'C / SCALE �" = 70' PARKING AREA 16,000 S.F. 4B:[ LANDSCAPING AREA 6.320 S,F. 19 R ZUPAY MAPPING SERVICE F.HARCSCAPE 8,720 S. 27 S w a Snah nr snKAR us, 2 PARKING SPACES REQUIRED SPACES PROVIDFD 4TW-aTS-IMe RATIO/SQUARE FOOT OF USE 1 SPACE/300 S.F. 1 SPACE/206 SF. vnl�. EXTRA MI.E MINI MART \\\ NUMBER OF DISABLED SPACES 1 SPACE 1 SPACE 28900 RANCHO CALIFORNIA ROAD ' TOTAL PARKING 7 SPACES 10 SPACES TEMECULA.CA 92590 FLOOR AREA RATIO- 6.2 OWNER APPLICANT NOTES OCCUPANCY CLASSIFICATION - M G AND M GAPCO, LLC AU.SMUCT1RES AMC NPROtEk"I'S ARE DISTINC TO ROMAN TYPE OF CONSTRUCTION -III 16866 A LN, 20 W 9O-n L4STNO TRASH ENCLOSURE:EXTERIOR OMENSiM"1O-s't 12'-1- NO FIRE SPRINKLERS IN THE BUILDING HUNTINGTON BEACH, CA 92647 NTERKN DNENSIDN=-9'-fi x R'-3' ONE-STORY BUILDING 9 C.KA,W/OETAL GALE A WWXA HELLS HEIGHT OF BUI_DING- 20' CASE No: DATE: $EPTEMBER 12. 2018 i� i � I A. i t STORAGE 240 SF 4� 01FILE 52 U. RESTROOM S F r RETAIL AREA 1,049 S.F. n R* �O HALLWAY '��✓/ GASIIIER127 S F. �. 127 S.F. $r �41CF � �uT.ZEIi ENTRY r.m _4sr �.91 FLOOR PLAN SCALE. 1/4- = 1•-0•' 2;UPAY MAPPING SERVICE tt A Ii1S 7M�AK. snrr a„IQ m-m-ms 9NS: EXTRA MILE MINI MART 28900 RANCHO CALIFORNIA ROAC: D ♦ $ TEEMECULA, CA 92590 0-FT A.P.N. 921-060-025-1 CASE No PA18-1587: DATE: SEPTEMBER 12, 2018 REVEISED DATE: DECEMBER 4, 2018 If DRAFT PLANNING COMMISSION RESOLUTION PC RESOLUTION NO. 19- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-1587, A CONDITIONAL USE PERMIT AND PUBLIC CONVENIENCE OR NECESSITY APPLICATION FOR AN EXISTING CHEVRON/EXTRAMILE TO OBTAIN A TYPE 20 ABC LICENSE FOR THE SALE OF BEER AND WINE AT 28900 RANCHO CALIFORNIA ROAD, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN: 921-060- 025) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On December 27, 2018, Sherrie Olson, on behalf of G&M Oil Co., LLC., filed Planning Application No. PA18-1587, a Conditional Use Permit and Public Convenience or Necessity Application in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on April 3, 2019, 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. PA18-1587 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Conditional Use Permit, Development Code Section 17.04.010.E A. The proposed use is consistent with the General Plan and Development Code; The conditional uses will consist of an automobile service station with a convenience store selling alcohol (Type 20 License). This use is permitted upon the approval of a Conditional Use Permit per the City of Temecula Development Code. The use is also consistent with the Specific Plan Implementation (SPI) General Plan designation for the project site. The City of Temecula Development Code states that businesses selling alcoholic beverages that require a Conditional Use Permit shall not be located within six hundred feet of any religious or educational institution, daycare center or public park. The code indicates that this distance shall be measured between the main entrance of the alcohol selling business and the closest public entrance of the religious or educational institution daycare center or public park. None of these types of sensitive uses are located within 600 feet of the project site and the proposed use is therefore consistent with the General Plan and Development Code. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed project will be surrounded by similar commercial uses that offer alcohol sales. For example, a 76 gas station with a Type 20 License is located directly across Rancho California Road. In addition, the convenience store portion of the project is already constructed and operating. The Development Code requires a distance of 600 feet between an alcohol-selling establishment and sensitive uses. Sensitive uses do not existing within this distance. Therefore, the 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. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The site has been reviewed and determined to be 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 and 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 conditional use has been reviewed in order to ensure compliance with all requirements of the Development, Building, and Fire Codes. These codes contain provisions designed to ensure the health, safety, and general welfare of the community. In addition, the business implements a security plan with four primary crime deterrence components. These include visibility into and out of the store, interior and exterior lighting, cash control with no more than $50.00 in the register during the day and $30.00 at night, and store personnel training. No negative impacts are anticipated. E. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the Planning Director, Planning Commission, or City Council on appeal. The decision to conditionally approve the applications is based on substantial evidence in view of the record as a whole before the Planning Commission. Finding of Public Convenience or Necessity (Section 17.10.020) F. Whether or not the proposed use is consistent with the General Plan and Development Code. The use is consistent with the City of Temecula General Plan which specifies that the project site is designated as Specific Plan Implementation (Uptown Temecula Specific Plan). The land use designation within the Specific Plan is Uptown Hotel/Tourism District (UHT). The proposed use is allowed within this district upon approval of a Conditional Use Permit and is therefore consistent with the General Plan and Development Code. G. Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses. The convenience store is located within an existing gas station convenience store on a developed lot. The proposed use is surrounded by similar commercial uses that offer alcohol. For example, a 76 gas station with a Type 20 License is located directly across Rancho California Road. There are no sensitive uses within 600 feet of the proposed use. As conditioned, the proposed 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. H. Whether or not the proposed use would have an adverse effect on adjacent land uses. As conditioned, the project will meet all requirements of the Development Code and General Plan, which provided safeguards for the adjacent land uses and community as a whole. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner that will not have an adverse effect on adjacent land uses. I. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity. Census Tract 0512.00, where the project is located, is currently considered "over-concentrated"with off-sale alcohol licenses by the California Department of Alcoholic Beverage Control (ABC). One (1) off-sale license is allowed within the tract by ABC before being considered by ABC to be "over-concentrated." Currently, the tract has sixteen (16) active licenses. This concentration of off-sale licenses can be explained by the population residing in the tract versus the amount of commercial development within in the tract. Consequently, a significant portion of the actual population utilizing these facilities does not reside within the Census Tract. As an ABC defined "over-concentrated" tract, a Finding of Public Convenience or Necessity is required for the approval of the Type 20 (off-sale beer and wine) ABC license. 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 and Public Convenience or Necessity 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); Under Section 15301, Class 1, Existing Facilities, licensing and permitting that involves negligible or no changes in use qualify for a categorical exemption. Alcohol sales are common ancillary uses in gas station convenience stores, and the sale of beer and wine (off-sale) involves a negligible change in use. Additionally, all access and public utilities are available to the site, and the use 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. PA18-1587, a Conditional Use Permit and Public Convenience or Necessity Application for an existing Chevron/ExxtraMile to obtain a Type 20 ABC License located at 28900 Rancho California Road, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 311 day of April, 2019. Gary Watts, Chairman ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 19- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 3rd day of April, 2019, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA18-1587 Project Description: ExxtraMile Type 20 CUP: a Conditional Use Permit and Public Convenience or Necessity Application for an existing Chevron/ExxtraMile to obtain a Type 20 ABC License located at 28900 Rancho California Road. Assessor's Parcel No.: 921-060-025 MSHCP Category: N/A(No New Square Footage or Grading) DIF Category: N/A(No New Square Footage) TUMF Category: N/A(No New Square Footage) Quimby Category: N/A(Non-Residential Project) New Street In-lieu of Fee: N/A(No New Square Footage or Grading) Approval Date: April 3, 2019 Expiration Date: April 3, 2021 PLANNING DIVISION Within 48 Hours of the Approval 1. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a cashiers 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 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 and its attorneys 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. 3. Expiration. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the two year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit. 4. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant up to five extensions of time, one year at a time. 5. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 14 (Uptown Temecula Specific Plan). 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. 7. 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. 8. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 9. Sale of Motor Vehicle Fuel and Alcoholic Beverages. Notwithstanding any other provision of law, establishments engaged in the concurrent sale of motor vehicle fuel with beer and wine for off-premises consumption shall abide by the following conditions: i. No beer or wine shall be displayed within five feet of the cash register or building entrance. ii. No sale of alcoholic beverages shall be made from a drive-up window. iii. No display or sale of beer or wine shall be made from an ice tub or similar device or unit. iv. No beer or wine advertising shall be located on motor fuel islands. V. No beer or wine advertising shall be located on the building, windows, doors, or on freestanding signage. vi. No self-illuminated advertising for beer or wine shall be located on buildings or freestanding signage. vii. Only employees on duty between the hours of ten p.m. and two a.m. who are at least twenty-one years of age may sell alcoholic beverages. viii. Distilled spirits and pre-mixed spirit cocktails are prohibited. 10. Statement of Operations. Notwithstanding any other provision of law, establishments engaged in the concurrent sale of motor vehicle fuel with beer and wine for off-premises consumption shall abide by the following conditions: i. No beer or wine shall be displayed within five feet of the cash register or building entrance. ii. No sale of alcoholic beverages shall be made from a drive-up window. iii. No display or sale of beer or wine shall be made from an ice tub or similar device or unit. iv. No beer or wine advertising shall be located on motor fuel islands. V. No beer or wine advertising shall be located on the building, windows, doors, or on freestanding signage. vi. No self-illuminated advertising for beer or wine shall be located on buildings or freestanding signage. vii. Only employees on duty between the hours of ten p.m. and two a.m. who are at least twenty-one years of age may sell alcoholic beverages. viii. Distilled spirits and pre-mixed spirit cocktails are prohibited. 11. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 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. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 13. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. POLICE DEPARTMENT General Requirements 14. Type 20 License. OFF SALE GENERAL - (Package Store) Authorizes the sale of beer, wine and distilled spirits for consumption off the premises where sold, no distilled spirits may be on the premises. Minors are allowed on the premises. 15. 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. 16. 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. 17. 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). It is the responsibility of the business owner and any person who serves or sells alcohol to be aware of current laws and regulations pertaining to alcoholic beverages. 18. 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). 19. 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, storeroom, 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). 20. No Alcohol Sales between 2:00 AM and 6:00 AM. 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). 21. 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 is trained in the proper procedures and identification checks. The Temecula Police Department provides free training for all employers and employees involved in the service and sales of alcoholic beverages. It is the responsibility of the applicant to set up a training session for all new employees. Contact the Crime Prevention and Plans Unit at (951) 506-5132 to set up a training date. Training must be completed prior to the grand opening of this business and periodic updated training when new employees/ management are hired. 22. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 695-2773. STATEMENT OF OPERATIONS City of Temecula Planning Department 41000 Main Street I Temecula, CA 92590 Applicant: G&M Oil Co., LLC 28900 Rancho California Road Temecula, California 92589 Parcel: 921-060-025 Request: This request is for a Conditional Use Permit to allow the sale of beer and wine for off-site consumption only; in conjunction with an existing 2,065 square foot convenience market with a gas station;with the hours of operation being 24 hours a day, 7 days a week and alcohol sales from 6:00 am to 2:00 am, 7 days a week, in the SP-14 zone. 11Page 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: G1989 CASE NO: PA18-1587 APPLICANT: Sherrie Olson PROPOSAL: A Conditional Use Permit and Public Convenience or Necessity Application for an existing Chevron/ExxtraMile to obtain a Type 20 ABC License for the sale of beer and wine at 28900 Rancho California 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 15031, Class 1, Existing Facilities). CASE PLANNER: Eric Jones, (951) 506-5115 PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: April 3, 2019 TIME OF HEARING: 6:00 p.m. Project Siteo� tiF��o Amon i NGLE0110t CAVF��`p�O pZ 0 500 1,000 Feet Z� The complete agenda packet(including any supplemental materials)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—TemeculaCA.Qov and will be available for public review at the respective meeting. Any writing 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—TemeculaCA.gov—and will be available for public review at the meeting. Any petition for judicial review of a decision of the Planning Commission shall be filed within time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of,which attacks or seeks to set aside,or void any decision of the Planning Commission shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at,or prior to,the public hearing described in this notice. Questions? Please call the Community Development Department at (951) 694-6400. ITEM 4 STAFF REPORT— PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: April 3, 2019 TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Director of Community Development PREPARED BY: Scott Cooper, Case Planner PROJECT Planning Application Number PA18-0985, a Conditional Use Permit SUMMARY: to allow for Small Barn restaurant to obtain an ABC Type 47 License (On-Sale General — Eating Place) at 28535 Old Town Front Street. RECOMMENDATION: Adopt a Resolution approving a Conditional Use Permit subject to Conditions of Approval CEQA: Categorically Exempt Section 15301, Class 1, Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Steve Rawlings General Plan Specific Plan Implementation (SPI) Designation: Zoning Designation: Specific Plan 5 (Old Town) Existing Conditions/ Land Use: Site: Existing Commercial Building / Specific Plan Implementation (SPI) North: Existing Commercial Building, Old Town Front Street / Specific Plan Implementation (SPI) South: Existing Commercial Building / Specific Plan Implementation (SPI) East: Existing Commercial Building / Specific Plan Implementation (SPI) West: Existing Commercial Building, Fifth Street / Specific Plan Implementation (SPI) Existing/Proposed Min/Max Allowable or Required Lot Area: 0.13 Acres 0.08 Acres Total Floor Area/Ratio: N/A N/A i Landscape Area/Coverage: N/A N/A Parking Required/Provided: N/A N/A AFFORDABLE HOUSING Located in Affordable Housing Overlay Zone (AHOZ)? ❑ Yes ® No AHOZ Gain/Loss: N/A BACKGROUND SUMMARY On July 18, 2018, Steve Rawlings submitted Planning Application PA18-0895. The application is a Conditional Use Permit to allow for an ABC Type 47 License (On-Sale General — Eating Place). On February 20, 2019 a Modification to an existing building which included new exterior paint, perimeter wood and cable fencing, shade structures, and landscaping for the Small Barn restaurant located at 28535 Old Town Front Street was administratively approved. 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 The project site is an approximately 1,670 square foot commercial building located within the Downtown Core District of the Old Town Specific Plan. Proposed hours of operations are Monday through Sunday 7:00 a.m. to 1:00 a.m. Live entertainment is not proposed as part of the application. The Conditional Use Permit will allow the restaurant to obtain a Type 47 (On—Sale General — Eating Place) License. This license will allow for beer, wine, and distilled spirits to be served on the premises. Staff has confirmed with 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 PCN 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 the license. Conditions of approval have been added to the Conditional Use Permit that requires a full menu be available at all hours that alcohol is served and that termination of alcohol sales shall be no less that one half hour prior to the closing for all nights of operation. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U-T San Diego on March 21, 2019 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 (CEQA Guidelines Section 15301, Class 1, Existing Facilities). 2 The Conditional Use Permit will allow an existing restaurant within Old Town to obtain an ABC Type 47(On-Sale General—Eating Place)License. The use is located within an existing structure. All access to public utilities are available to the site. The proposed use, with issuance of a Conditional Use Permit, is in conformance with all zoning requirements contained in the Development Code and Old Town Specific Plan. As a result, the conditional use represents a negligible expansion of the existing restaurant use. FINDINGS Conditional Use Permit (Development Code Section 17.04.010.E) The proposed conditional use is consistent with the General Plan and the Development Code. The business will operate as a full-service restaurant with the primary purpose of offering a full menu of food within an existing building. The proposed conditional use is consistent with the City of Temecula General Plan, which identifies that the site is located in the Specific Plan Implementation (SPI) land use category. The Development Code states that restaurants that serve distilled spirits are conditionally permitted uses. The sale of distilled spirits under a Type 47 (On-Sale General for a Bona Fide Public Eating Place) License would serve as an incidental use to the establishment's operations. 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. As conditioned, the proposed conditional use for a Type 47 (On-Sale General - Eating Place) License is compatible with the nature, condition and development of adjacent uses, buildings and structures because the surrounding area includes similar uses such as restaurants that serve distilled spirits. The proposed conditional use will not adversely affect the adjacent uses, buildings or structures because the surrounding buildings are designed for restaurant uses and the site is currently approved for a restaurant use. 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 Council in order to integrate the use with other uses in the neighborhood. The existing building has been approved for a restaurant use and 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 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 the requirements of the Old Town Specific Plan, Development Code, Fire Code and the Building Code, 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. 3 That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the Director of Community Development, 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 1. Aerial Map 2. Plan Reductions 3. Resolution 4. Exhibit A- Draft Conditions of Approval 5. Statement of Operations 6. Notice of Public Hearing 4 AERIAL MAP 922-035-011 CITY OF TEMECULA PA18-0985 t / ". } ProJ'ect Site a, '`• # �, �, �y .fig �' � • 1► � P .� /. I � 1 • � ' 1 inch=167 feet 1:2,000 _ 1 0 500 Feet 6D J] Date Created:07/19/2018 This map was made by the City ofTemecula Geographic Iriforni System.Ttc map is derived from base data prod—d by the Riverside County Assessor's Departnmt and the Traiewtatian and lard M—gerrem Ager"of Riverside Couxy. The City d Temecula assures ro warranty or legal responsibility for the Inforration contained on this map.Data and information represented on tMs map are subject to update and modification.Ths map is not for reprint or resak. PLAN REDUCTIONS It swrcn.zwn d; f'�j +Ij onmeeSOiOi�+fo , f )) ----------------- _ 6 - __{•___ _ __� -'- f � ( .l: Ens.�s5�a ti f r PROPOSED AREA INCREASE KO .......... fil- f lQj Le OR P DRAFT PLANNING COMMISSION RESOLUTION PC RESOLUTION NO. 19- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-0985, A CONDITIONAL USE PERMIT TO ALLOW FOR SMALL BARN RESTAURANT TO OBTAIN AN ABC TYPE 47 LICENSE (ON-SALE GENERAL — EATING PLACE) AT 28535 OLD TOWN FRONT STREET AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On July 18, 2018, Steve Rawlings filed Planning Application No. PA18- 0985, a Conditional Use Permit Application in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on April 3, 2019, 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. PA18-0985 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Conditional Use Permit, Development Code Section 17.04.010.E A. The proposed use is consistent with the General Plan and the Development Code. The business will operate as a full-service restaurant with the primary purpose of offering a full menu of food within an existing building. The proposed conditional use is consistent with the City of Temecula General Plan, which identifies that the site is located in the Specific Plan Implementation (SPI) land use category. The Development Code states that restaurants that serve distilled spirits are conditionally permitted uses. The sale of distilled spirits under a Type 47 (On-Sale General for a Bona Fide Public Eating Place) License would serve as an incidental use to the establishment's operations. 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. As conditioned, the proposed conditional use for a Type 47 (On-Sale General - Eating Place) License is compatible with the nature, condition and development of adjacent uses, buildings and structures because the surrounding area includes similar uses such as restaurants that serve distilled spirits. The proposed conditional use will not adversely affect the adjacent uses, buildings or structures because the surrounding buildings are designed for restaurant uses and the site is currently approved for a restaurant use. 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 council in order to integrate the use with other uses in the neighborhood. The existing building has been approved for a restaurant use and 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 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 the requirements of the Old Town Specific Plan, Development Code, Fire Code and the Building Code, 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 approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the Director of Community Development, 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. 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 Conditional Use Permit will allow an existing restaurant within Old Town to obtain an ABC Type 47 (On-Sale General — Eating Place) License. The use is located within an existing structure. All access to public utilities are available to the site. The proposed use, with issuance of a Conditional Use Permit, is in conformance with all zoning requirements contained in the Development Code and Old Town Specific Plan. As a result, the conditional use represents a negligible expansion of the restaurant use. Section 3. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA18-0985, a Conditional Use Permit to allow for Small Barn restaurant to obtain an ABC Type 47 License (On-Sale General — Eating Place) at 28535 Old Town Front Street, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 3rd day of April, 2019. Gary Watts, Chairman ATTEST: Luke Watson Secretary [S EAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 19- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 3rd day of April, 2019, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA18-0985 Project Description: A Conditional Use Permit to allow for Small Barn Restaurant to obtain an ABC Type 47 License (On-Sale General) for a Bona Fide Public Eating Place located at 28535 Old Town Front Street. Assessor's Parcel No.: 922-035-011 MSHCP Category: N/A(no new grading) DIF Category: N/A(no new square footage) TUMF Category: N/A(no new square footage) Quimby Category: N/A(non-residential) New Street In-lieu of Fee: N/A(not located within the Uptown Temecula Specific Plan area) Approval Date: April 3, 2019 Expiration Date: April 3, 2021 PLANNING DIVISION Within 48 Hours of the Approval 1. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a cashiers 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 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 and its attorneys 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. 3. Expiration. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the two year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit. 4. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to three extensions of time, one year at a time. 5. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 6. Food Service. The bona fide public eating place shall serve a full menu at all hours that alcohol is served. 7. Statement of Operations. The applicant shall comply with their Statement of Operations dated July 14, 2018, on file with the Planning Division, unless a conflict exists between the Statement of Operations and these Conditions of Approval, in which case the Conditions of Approval control. 8. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 9. 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. 10. 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. 11. Termination of Alcohol Sales. The last call indicating the termination of the sale of alcohol shall be no less than one half(1/2) hour prior to closing for all nights of operation. 12. Hours of Operation. Hours of operation shall be Monday through Sunday from 7:00 a.m. to 1:00 a.m. POLICE DEPARTMENT General Requirements 13. 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. 14. Consumption of Alcoholic Beveraqes in Public Prohibited. The applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. 15. Ensure No Alcohol Sold or Consumed bV 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. 16. 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. 17. 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). It is the responsibility of the business owner and any person who serves or sells alcohol to be aware of current laws and regulations pertaining to alcoholic beverages. 18. 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. 19. 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). 20. No Alcohol Sales Between 2:00 am and 6:00 am. 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). 21. 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). 22. 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). 23. 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 is trained in the proper procedures and identification checks. The Temecula Police Department provides free training for all employers and employees involved in the service and sales of alcoholic beverages. It is the responsibility of the applicant to set up a training session for all new employees. Contact the Crime Prevention and Plans Unit at (951) 506-5132 to set up a training date. Training must be completed prior to the grand opening of this business and periodic updated training when new employees/ management are hired. 24. Under 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). 25. 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. STATEMENT OF OPERATIONS Project Description/Statement of Operations Small Barn Restaurant—Alcohol Sales 28535 Old Town Front Street, Temecula, CA July 14, 2018 Proposed Use: A permit to sell beer, wine and spirits (ABC Type 47 License) at a new sit down restaurant. No live entertainment is proposed. Construction to be done under separate entitlement/permit. Hours of Operations: • 7:00 am to 1:00 am Daily Employee Training: All Small Barn managers, bartenders and servers will complete a CA Dept. of Alcoholic Beverage Control approved Responsible Beverage Sales and Service program within 30 days of being hired. Security Cameras: Interior: 4 Exterior: 6 Video is stored for at least 30 days and will be made available to law enforcement upon request. Number of Employees: 8 to 12 per shift Estimated Daily Customers: 100 to 150 Menu: See Attached small barn SiNvIALL:PLATES GrilledArtichoke .... . .. .. .. . ...... . ............ ... .. ...... ...... .......... ... .. .. . ........ $12.00 herbs,parmesan cheese,served with a garlic butter lemon aioli sauce sauce or sun dried tomato pesto dipping sauce,almond parmesan for a vegan option Shiitake Lettuce Cups ... .. .. ..... .. . . . ... .. . . ..... . ......... ..... ....... . .... . ... . . . ....... $10.00 tofu,jicima,thai basil,cashew(vegan) HerbHummus .. . . . . ... . . ... . ... . ... . ... .. ... .. .. . ... . . . .. . . .... ...... .................. .. $10.00 served with a side of raw vegetables and pita bread(vegan upon request) Charcuterie&Cheese Board .. .. ...... ... .... . . .......... .. .. ..... ... .. .... ..... .. ... ..... .. $22.00 chefs choice of an assortment of artisan cheeses, prosciutto,salami,mix of marinated olives,capers, honey,crisp apples,served with a baguette SALAD GrilledChicken .... . .. ... .. ........... .... . . ... . ... . ... .. .... .......... . ..... ...... ........$14.00 mixed greens,jicama,apple,manchego,almonds,champagne vinaigrette +Substitute for salmon+5 Gorgonzola&Granny Smith Apple Salad .... . . .. . . ... . ........ ..... ... .. . . . . .. ... .. . . ..... .. . . $9.00 candied pecans,dried cranberries, mixed lettuce, raspberry vinaigrette +add grilled chicken-5,salmon 10 Organic Tuscan Kale . .. ... ... .. ... ... ...... . . .... . .. . ... . .... ....... ....... .. .. .. . .. .... .... $9.00 lemon,garlic,parmesan cheese,breadcrumbs(vegan upon request) +addgrilled chicken 5,salmon 10 FLATBREADS Tuscan .. . ... . .. . .... .. ... . . ... ... . ... . .... . .. ... ....... .... ........ ... ... ..... .. . .... .... $18.00 shredded chicken,golden potatoes,garlic and green olives in a traditional tomato and fontaine cheese, topped with arugula Pepperoni,Fennel Sausage ... . ... . .. ...... . ... . ..... ...... ........ . ... ......... . ... ........ $18.00 tomatoes, mushrooms,fresh mozzarella Margherita . ... . .. .. . .. . . . .... ... .... . .... .. ........ ..... ......... .. ... .. ........ . ... ...... $16.00 tomato,fresh mozzeralla, basil OTHERS Small Barn Burger .. . . .. .. . .. .. . ... .......... .... . .. . .... . ......... ...... .. .. ... ..... ... . . . $16.00 niman ranch ground chuck,shredded iceberg lettuce,tomatoes,pickles and a slab of cheese.served with a side salad or chips Grilled Salmon Sandwich . . . . . .. . .. . .... . . . . . . .. ... . . . .. .. . .. ......... . ... .. . . .... . .... .. ... $18.00 marinated in garlic and lemon, butter,watercress,tomatoes on a ciabatta. served with a side salad or chips Smoked Turkey Wrap .. ... ... ................. ... ................. ........ ... ......... ..... $14.00 avocado,tomato,cucumber,provolone,hummus.served with a side salad or chips WINTER MENU 2018 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: G1989 CASE NO: PA18-0985 APPLICANT: Steve Rawlings PROPOSAL: A Conditional Use Permit to allow for Small Barn restaurant to obtain an ABC Type 47 License (On-Sale General — Eating Place) at 28535 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: Scott Cooper, (951) 506-5137 PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: April 3, 2019 TIME OF HEARING: 6:00 p.m. Project Site o Wo F� The complete agenda packet(including any supplemental materials)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—TemeculaCA.Qov and will be available for public review at the respective meeting. Any writing 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—TemeculaCA.gov—and will be available for public review at the meeting. Any petition for judicial review of a decision of the Planning Commission shall be filed within time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of,which attacks or seeks to set aside,or void any decision of the Planning Commission shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at,or prior to,the public hearing described in this notice. Questions? Please call the Community Development Department at (951) 694-6400.