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HomeMy WebLinkAbout082119 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 III. AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA AUGUST 21, 2019—6:00 PM Next in Order: Resolution: 19-19 CALL TO ORDER: Flag Salute: Commissioner 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 July 17, 2019 1 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. 2 Planning Application PA19-0512, a Conditional Use Permit for a California Alcoholic Beverage Control (ABC) Type 47 license (On-Sale General — EatingPlace) to allow for the sale of beer, wine, and distilled spirits for the Coin-op Game Restaurant at 28588 Old Town Front Street, Eric Jones RECOMMENDATION: 2.1 Adopt a resolution entitled: PC RESOLUTION NO. 19- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION PA19-05129 A CONDITIONAL USE PERMIT FOR A TYPE 47 ABC LICENSE(ON- SALE GENERAL — EATING PLACE) TO ALLOF FOR THE SALE OF BEER, WINE, AND DISTILLED SPIRITS AT THE COIN-OP GAME RESTAURANT AT 28588 OLD TOWN FRONT STREET, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 922-033-021) 3 Planning Application Number PA19-0739, a Conditional Use Permit to allow for an ABC Type 47 On-Sale General (Restaurant) license for the future Buffalo Wild Wings located at 32401 Temecula Parkway, Jaime Cardenas 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. PA19-0739, A CONDITIONAL USE PERMIT TO ALLOW FOR AN ABC TYPE 47 ON- 2 SALE GENERAL (RESTAURANT) LICENSE FOR THE FUTURE BUFFALO WILD WINGS LOCATED AT 32401 TEMECULA PARKWAY, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEQA) (APN 960-020-070) 4 Planning Application No. PA19-0894, a Modification to an existing Conditional Use Permit(PA15-1187) for Home2 Suites by Hilton to allow for a Type 70 ABC License (On Sale General-Restrictive Service) located at 28400 Rancho California Road, Scott Cooper RECOMMENDATION: 4.1 Adopt a resolution entitled: PC RESOLUTION NO. 19- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA19-0894, A MODIFICATION TO AN EXISTING CONDITIONAL USE PERMIT (PA15-1187) FOR HOME2 SUITES BY HILTON TO ALLOW FOR A TYPE 70 ABC LICENSE (ON SALE GENERAL - RESTRICTIVE SERVICE) LOCATED AT 28400 RANCHO CALIFORNIA ROAD, 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, September 4, 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.gov—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.gov—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 JULY 17, 2019—6:00 PM Next in Order: Resolution: 19-18 CALL TO ORDER: Chairman Watts called the meeting to order at 6:00 PM Flag Salute: The flag salute was led by Commissioner Guerriero ROLL CALL: Present: Guerriero, Telesio, Turley-Trejo, Watts, and Youmans Also Present: Watson, Fisk, Marroquin, Moreno, Cooper, and Jacobo PUBLIC COMMENTS There were no requests to speak during Public Comments. 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 June 5, 2019 APPROVED 4-0-1; MOTION BY COMMISSIONER TURLEY-TREJO, SECOND BY COMMISSIONER GUERRIERO; AYE VOTES FROM COMMISSIONERS GUERRIERO, TELESIO, TURLEY-TREJO,AND WATTS; YOUMANS ABTAINED PLANNING COMMISSION ACTION MINUTES—July 17, 2019 Page 2 PUBLIC HEARING ITEMS 2 Planning Application No. PA18-1529, a Modification to a previously approved Development Plan (PA15-1572) for an approximately 1,389 square foot drive-thru restaurant and an approximately 6,281 square foot retail building located on the southwest corner of Temecula Parkway and Mahlon Vail Road, Scott Cooper APPROVED 5-0; MOTION BY COMMISSIONER YOUMANS, SECOND BY COMMISSIONER GUERRIERO; AYE VOTES FROM COMMISSIONERS GUERRIERO,TELESIO, TURLEY-TREJO,WATTS,AND YOUMANS RECOMMENDATION: 2.1 Adopt a resolution entitled: PC RESOLUTION NO. 19-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-1529, A MODIFICATION TO A PREVIOUSLY APPROVED DEVELOPMENT PLAN (PA15-1572) FOR AN APPROXIMATELY 1,389 SQUARE FOOT DRIVE-THRU RESTAURANT AND AN APPROXIMATELY 6,281 SQUARE FOOT RETAIL BUILDING LOCATED ON THE SOUTHWEST CORNER OF TEMECULA PARKWAY AND MAHLON VAIL ROAD, 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 The Planning Commission meeting was adjourned 6:25 p.m. to the next regular meeting: Planning Commission, Wednesday, August 7, 2019, 6:00 PM City Council Chambers, 41000 Main Street, Temecula, California. Gary Watts, Chairperson Luke Watson Planning Commission Director of Community Development 2 ITEM 2 STAFF REPORT—PLANNING CITY OF TEMECULA PLANNING COMMISSION TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Director of Community Development DATE OF MEETING: August 21, 2019 PREPARED BY: Eric Jones, Case Planner PROJECT SUMMARY: Planning Application PA19-0512, a Conditional Use Permit for a California Alcoholic Beverage Control (ABC) Type 47 license (On- Sale General — Eating Place) to allow for the sale of beer, wine, and distilled spirits for the Coin-op Game Restaurant at 28588 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: Steve Rawlings, Alcoholic Beverage Specialists General Plan Specific Plan Implementation(SPI) Designation: Zoning Designation: Specific Plan 5 (Old Town) Existing Conditions/ Land Use: Site: Commercial Structure/Specific Plan Implementation(SPI) North: Alley, Existing Commercial Structure/ Specific Plan Implementation(SPI) South: Fourth Street, Existing Commercial Structure/ Specific Plan Implementation(SPI) East: Existing Commercial Structure/Specific Plan Implementation(SPI) West: Old Town Front Street,Existing Commercial Structures/Specific Plan Implementation(SPI) Existing/Proposed Min/Max Allowable or Required Lot Area: 0.19 Acres 0.08 Acres 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: +/- 0 Units BACKGROUND SUMMARY On March 27, 2019, Steve Rawlings on behalf of Coin-Op Game Restaurant, submitted Planning Application PA 19-0512. The application is a Conditional Use Permit to allow a new restaurant (Coin-Op)to obtain an ABC Type 47 license (On-Sale General—Eating Place). 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 Coin-Op Game Restaurant will be a new restaurant within the recently constructed three- story structure located on the northeast corner of Old Town Front Street and Fourth Street. The restaurant will occupy the entire first floor. The restaurant will provide a full menu (attached). A variety of classic video and pinball games will also be available for customers to play. Minors will be allowed on the premises. Live entertainment, dancing, and karaoke are not proposed as part of the application. The proposed hours of operation are as follows: • Monday—Friday: 4:00 P.M. to 2:00 A.M. • Saturday—Sunday: 12:00 P.M. to 2:00 A.M. • Patios: Closed by 12:00 A.M. Daily The Conditional Use Permit will allow the applicant to obtain a California Alcoholic Beverage Control (ABC) Type 47 license (On-Sale General — Eating Place). This license will allow the restaurant to serve beer, wine, and distilled spirits inside as well as on the patio. Each manager, bartender and server will complete an ABC approved Responsible Beverage Sales and Service program(L.E.A.D.) within 30-days of being hired. Security guards will be employed from 12:00 P.M. to closing on weekends. There will be one guard per 50 guests. The restaurant will also utilize eight interior and four exterior security cameras. The video from these cameras will be held for at least 30 days and made available to law enforcement upon request. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the SD Union Tribune on August 8, 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). The project will allow for a proposed restaurant to offer the sale of alcoholic beverages within a recently completed commercial structure. Restaurants are an allowable use within the Downtown Core District of the Specific Plan and it is common for restaurants to offer alcoholic beverages. The application does not propose any revisions to the approved structure or site. Therefore, the operation of this structure allows the sale of alcohol is a negligible expansion of use beyond that which exists under the current conditions. FINDINGS Conditional Use Permit (Section 17.04.010.E) The proposed conditional use is consistent with the General Plan and the Development Code. The proposed Conditional Use Permit will allow a proposed restaurant the ability to serve alcohol beverages to customers. It is not uncommon for restaurants to offer alcohol for customers. Alcohol serving restaurants are an allowable use within the General Plan, Development Code, and Old Town Specific Plan upon the approval of a Conditional Use Permit. 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 conditional use will allow a proposed restaurant to serve alcoholic beverages. This type of use is permitted in the Downtown Core district of the Old Town Specific Plan upon the approval of a Conditional Use Permit. Alcohol serving restaurants already exist in Old Town. Therefore, the use is considered compatible with nature, condition and development of adjacent uses, buildings and structures. The conditional use is not anticipated to adversely affect the adjacent uses, buildings or structures. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this Development Code and required by the Planning Commission or council in order to integrate the use with other uses in the neighborhood. The proposed conditional use will be located within a recently constructed commercial building within the Downtown Core district of the Old Town Specific Plan. This structure is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, and other developmental features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the conditional 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 to ensure consistency with the Building, Fire, and Development Codes. These codes contain provisions designed to ensure for the public health, safety, and general welfare of the community. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the Planning Director, Planning Commission, or City Council on Appeal. The decision to conditionally approve the project will be made before the Planning Commission or City Council on appeal. ATTACHMENTS: 1. Vicinity Map 2. Plan Reductions 3. PC Resolution 4. Exhibit A - Draft Conditions of Approval 5. Statement of Operations 6. Menu 7. Notice of Public Hearing VICINITY MAP 922-033-021 CITY OF TEMECULA PA 19-0512 4� 4, O� sS, r 4� Project Site �ro �s r i 5� sr 1 inch=200 feet 1:2.400 ], 0 200 400 Feet the Heart of Southern Coldornia Date Created: 8/1/2019 Wine Country The map PA19-0512.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 https://tomeculaca.gov/gis PLAN REDUCTIONS dill 1 1 a 71 E 1 Y .74 I _ <<� till I OM I-A ct loll To _ I I I - yN I I ,��jjsTDT-rr e e I � i 1 , r Cie s Hi 777 OR I ` R a 3 1 � � a ODMIAS ENTERPREVA LLC"• _r COIN-OP GAME ROOM , 28588 OLD TOWN FRONT STREET M700,TEMECULA,CA 92SB0 ��:; »..+..+•^..,..... ......xr+.wr,�..w� DRAFT PLANNING COMMISSION RESOLUTION PC RESOLUTION NO. - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION PA19-0512, A CONDITIONAL USE PERMIT FOR A TYPE 47 ABC LICENSE(ON-SALE GENERAL —EATING PLACE) TO ALLOF FOR THE SALE OF BEER, WINE, AND DISTILLED SPIRITS AT THE COIN-OP GAME RESTAURANT AT 28588 OLD TOWN FRONT STREET, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 922-033- 021) Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On March 27, 2019, Steve Rawlings, filed Planning Application PA19-0512, 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 August 21, 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 PA19- 0512 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. 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 in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The proposed Conditional Use Permit will allow a proposed restaurant the ability to serve alcohol beverages to customers. It is not uncommon for restaurants to offer alcohol for customers. Alcohol serving restaurants are an allowable use within the General Plan, Development Code, and Old Town Specific Plan upon the approval of a Conditional Use Permit. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses,buildings or structures. The conditional use will allow a proposed restaurant to serve alcoholic beverages. This type of use is permitted in the Downtown Core district of the Old Town Specific Plan upon the approval of a Conditional Use Permit. Alcohol serving restaurants already exist in Old Town. Therefore, the use is considered compatible with nature, condition and development of adjacent uses, buildings and structures. The conditional use is not anticipated to 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 council in order to integrate the use with other uses in the neighborhood. The proposed conditional use will be located within a recently constructed commercial building within the Downtown Core district of the Old Town Specific Plan. This structure is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, and other developmental features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the conditional 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 to ensure consistency with the Building, Fire, and Development Codes. These codes contain provisions designed to ensure for the public 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 Planning Director, Planning Commission, or City Council on Appeal. The decision to conditionally approve the project will be made before the Planning Commission or City Council on appeal. 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 project will allow for a proposed restaurant to offer the sale of alcoholic beverages within a recently completed commercial structure. Restaurants are an allowable use within the Downtown Core District of the Specific Plan and it is common for restaurants to offer alcoholic beverages. The application does not propose any revisions to the approved structure or site. Therefore, the operation of this structure allows the sale of alcohol is a negligible expansion of use beyond that which exists under the current conditions. Conditions. The Planning Commission of the City of Temecula approves Planning Application PA19-0512, a Conditional Use Permit for a Type 47 ABC license (On-Sale General — Eating Place) to allow for the sale of beer, wine, and distilled spirits at the Coin-op Game Restaurant at 28588 Old Town Front Street, 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 21s'day of August, 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. - was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 21 St day of August 2019, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: Luke Watson Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA 19-0512 Project Description: A Conditional Use Permit for a Type 47 ABC license(On-Sale General—Eating Place)to allow for the sale of beer,wine,and distilled spirits for a Coin-op Game Restaurant at 28588 Old Town Front Street Assessor's Parcel No.: 922-033-021 MSHCP Category: N/A(Conditional Use Permit for Alcohol) DIF Category: N/A(Conditional Use Permit for Alcohol) TUMF Category: N/A(Conditional Use Permit for Alcohol) Quimby Category: N/A(Non-Residential Project) New Street In-lieu of Fee: N/A(Not Located within the Uptown Temecula Specific Plan) Approval Date: August 21,2019 Expiration Date: August 21,2021 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. 5 (Old Town). 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. Sianage Permits. A separate building permit shall be required for all signage. 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. 9. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 10. Bona Fide EatingPlace.lace. Type 41 (On Sale Beer and Wine), 47 (On Sale General), and 49 (On Sale General) licensees must operate and maintain their licensed premises as a bona fide eating place. The on-site sales and consumption of alcohol are an incidental and ancillary use to the restaurant use. A licensee is presumed to be operating as a bona fide eating place if the quarterly gross sales of food prepared and sold to guests on the premises exceeds the gross sales of alcoholic beverages for the same period. The licensee shall at all times maintain records which reflect separately the gross sales of food and the gross sale of alcoholic beverages on the licensed premises. The records shall be kept no less frequently than on a quarterly basis and shall be made available to the City, or its designee,upon demand. A full menu shall be available for order during all hours that alcohol is served. The premises where the licensee operates must possess a full restaurant kitchen facility containing conveniences for cooking such as a working refrigerator and cooking devices. The premises must offer sit down meal service and food menus. "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 with the requirement to provide meals. The premises must comply with all regulations of the health department. 11. Food Service. The bona fide public eating place shall serve a full menu at all hours that alcohol is served. 12. Statement of Operations. The applicant shall comply with their Statement of Operations dated January 29, 2019,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. 13. Previous Conditions of Approval. All previous Conditions of Approval from PA15-0694 shall remain in full effect unless superseded herein. 14. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 15. 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. 16. 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. 17. 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. POLICE DEPARTMENT General Requirements 18. Tyke 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. 19. 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. 20. 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. 21. 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. 22. 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. 23. 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. 24. 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(Section 24200(a)(B&P). 25. 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). 26. No Alcohol Sales between 2:00 a.m. and 6:00 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). 27. 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). 28. 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). 29. 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. 30. 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 her or her genitals or anus (Rule 143.3 CCR. Also violates Section 311.6 PC if conduct is "obscene," e.g. intercourse, sodomy,masturbation,etc.) 31. 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 Section C: Statement of Operations Coin Op Game Room/Restaurant — Alcohol Sales 28588 Old Town Front Street, Temecula, CA January 29, 2019 Proposed Use: A permit to sell beer, wine and spirits (ABC Type 47 License) at a sit down restaurant, inside as well as on the patio. No live entertainment, dancing or karaoke is proposed. Tenant improvements to be done under separate permit. Hours of Operations: • Monday— Friday 4:00 pm to 2:00 am • Saturday—Sunday 12:00 pm to 2:00 am • Patios:Close by 12:00 am daily Employee Training: All Coin Op Game Room/Restaurant managers, bartenders and servers will complete a CA Dept. of Alcoholic Beverage Control approved Responsible Beverage Sales and Service program (L.E.A.D.) within 30 days of being hired. Security Guards: Restaurant will employ certified security guards from 12 pm to closing on weekends.There will be 1 guard per 50 guests. Security Cameras: Interior: 8 Cameras Exterior:4 Cameras Video is stored for at least 30 days and will be made available to law enforcement upon request. Number of Employees: 35 Employees, 7 employees during slow times, 15 employees during busy times. Estimated Daily Customers: 300 Menu: See Attached MENU GAME RU6M ..............................I........................... ' e COCKiAILS qI..........-.................... HAPPIEST OF- HOURS m CITRUS-DRIV91 PARTY STARTERS �-t' YOR�FNS CPM•)PEt -{.- I N C (+g ;SSICAWin �+r 611FWeEEM?FFSS BEVERAGES FOOD K P-6�4k a fnpairte ti z� g ;--- F000 0 BEV. ti PEA(H PANFHER g� HOP.HAAIMM TIME all MAF'WRS � a (Ht:tfN Of L?�t.•J�Umac ,�, }Ij� P�,d. -- r•niE�He.ra. .M All _ cDClRltS arE.ilswl AhvS:rAy $ HICXOs �� E PIZZA 1 g wNSFi euHR1 60"Do Etaw+oaigirl Xeau Sxea�s s oae,s.ce.,dcma,are.-,d.. 1 •y K> f zka n•a.L aa.•c t�+n taiW.!:a+.•r Nwnr. s.r a.s, 1 1 7•.,y,reyaurl E.-adwf � S F & --------- TNT REDJWHm OUtNDA FOTS 0 1 3 F F I IH4 SEXSfS1VE HUX(f1 �{ K.A S'-1, �� Awad•-Er.fo Sl F +... Aynwr�.to vka• !j��, e�da.Swrtl.M.r..Ea Msw M.•.Ew l�ry H+.a NIE• E All e s Pill"&OWES p (O{N OP(HALER n PIZZA co NWSE DANNneI p±y'+ 4"SWESI: $25 +BEBOETHE DAY $�4 . .x S R-4 6c. ".0 FOX L� k u%Enna w 4 Ld .•�..•- `. i S.x SPpIR•DRTVFII SIPPERS •!l{Illlfllilf lliltitlllillllllllllt lllllftlfi{1 U ill am OED FAWiOHFD Twx MINC �+ p -��/.jy7 ` FREE PLAY ............ ...... MuE.]d.drw.o:hl%il• CJ B°sr6.e,ci.�.<aea..wLe - . - d..dna6•.rt+siu.Ibewe - s YrH=�k HskM>Y* W* - L; ...... . . c$ _ b �� PIPA(F'S WiFAwPf (HU'S IBGAEaii ^�� ! flww lasso.v 4by M.eAr. — _ aa..Emua .BEs„„ r EVERY FIRST SUHDAY .... OF THE MOHTHi AN iaE I-S.AB C.W-Op 1. ....... - PUNCH BOWLS S38 '....... — r* ***H M* * os9'Ow�' .........................._................ .. ........... ®. GAME �.._TOH6'S MIItt TK&E6 UN E FREE PLAY I�' COIN-op ... ............. ... 4t� nw•nn 4+A•••. ■1{IIIIIII!1111{1111 i f I I I I I I{111111 I/{1111{11111111 i! 6iTrIEgIEf]AtLR( ��`scw�: KITCHIEN Houp's D,fy 4p­t- GENERAL INFORMATION FOOD colcl-op Gamit Room 4 your go-to stitimatiod for gowns,aputly mode witio4,local cmfl brows,W ralinod food.OlforhS the best of relte arcade jv.-+,rL top-need-needpb*cq=61;les,=1111-ployer comes,and populm sports gctr*L(aln�Int;xMINag for everyont. Sawk oc smo pino or share SHARE c,2 r---------I PHILLY CHEESE 514 Same appL cklak saw dra*s,avA some ptnalti,end visit guy, I;",,' �r v*.***** I ................................. ............ COIN—OP : o­,—,_A_,, P".,6_....1 BU : GRILLED CHICKEN SLAT $13 RGER ...... .......... .... SACRAMENTO rsw�Cba-op ?OZ K 51,. ROASTED S­fa CA 958I4 *+ ASTED VEGGIE $12 9lb 6614983 fl— k. W66, L--------- ........_..9- d......._.I t-i........... ........... NUFWAL0 CAUUFILOW" Sq .S A.N..F.R.AN.CtSC.0 5.F-d­,CA 34107 *6 FOUR &29-444 3277 SAUSAGE AND SYRUP $7 UNIQUE SALTED CARAMEL APPLE $7 ':A T I Oa SO,NORTH PARK 3376 301h W.1 TRIPLE CHOCOLATE $7 MARGHERITA PROSCIUTTO FOUR CHEESE S.Ne.'CA72109 S.—..I- U.pk. .,Lk Grob.row, 619-255-BS23 Fnt Wt., CkGSD_- $13 TOMATO SA�D SD,GASLAMP ki.6.­,.4 v..,drone.6', CARNIVORE SAUSAGE GARDEN S..P,-lid., t.,L 1.0K tie- • S.—w..k 789 Sinn A'. 0 L.13�_6A =,=wlw 5-Np [A V2 101 .4.4-a..% 41;546,6T41 $19 517 516 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: 1989 CASE NO: PA19-0512 APPLICANT: Steve Rawlings PROPOSAL: A Conditional Use Permit for a Type 47 ABC license (On-Sale General — Eating Place) to allow for the sale of beer, wine, and distilled spirits for the Coin-op Game Restaurant at 28588 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: Eric Jones, (951) 506-5115 PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: August 21, 2019 TIME OF HEARING: 6:00 p.m. WSTA RD Project Site ST 0 200 400 800 Feet 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.gov 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 3 STAFF REPORT— PLANNING CITY OF TEMECULA PLANNING COMMISSION TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Director of Community Development DATE OF MEETING: August 21, 2019 PREPARED BY: Jaime Cardenas, Case Planner PROJECT Planning Application Number PA19-0739, a Conditional Use Permit SUMMARY: to allow for an ABC Type 47 On-Sale General (Restaurant) license for the future Buffalo Wild Wings located at 32401 Temecula Parkway. 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: Steve Rawlings General Plan Highway Tourist (HT) Designation: Zoning Designation: Vail Ranch Specific Plan— SP10 Existing Conditions/ Land Use: Site: Existing Commercial/Highway Tourist(HT) North: Existing Commercial/Highway Tourist (HT) South: Existing Commercial/Highway Tourist (HT) East: Existing Parking Lot, Existing Commercial/Highway Tourist (HT) West: Existing Commercial/Highway Tourist (HT) Existing/Proposed Min/Max Allowable or Required Lot Area: .79 Acres Existing N/A Total Floor Area/Ratio: N/A N/A 1 Landscape Area/Coverage: N/A N/A Parking Required/Provided: N/A N/A BACKGROUND SUMMARY On May 15, 2019, Steve Rawlings, on behalf of Buffalo Wild Wings, submitted Planning Application PA 19-0739, a Conditional Use Permit to allow a new restaurant to obtain an ABC Type 47 License (On-Sale General—Eating Place). 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 proposed Buffalo Wild Wings is a proposed restaurant located within the Vail Ranch Specific Plan. The restaurant totals approximately 5,600 square feet and will feature a kitchen and a common bar. A menu for the proposed kitchen is attached to this Staff Report. The kitchen will be active during the full operational hours. The hours of operation are as follows: Sunday—Wednesday 11:00 A.M.to (last call for alcohol will be at 11:00 P.M.) 12:00 A.M. Thursday— Saturday 11:00 A.M.to (last call for alcohol will be at 1:00 A.M.) 2:00 A.M. Sundays (during football season) 9:00 A.M. to (last call for alcohol will be at 11:00 P.M.) 12:00 A.M. The Conditional Use Permit will allow the applicant to obtain a Type 47 license (On-Sale General - Eating Place). This license will allow for beer, wine, and distilled spirits to be served. Minors will be allowed on the premises. The applicant intends to serve beer, wine and craft cocktails. According to the California Department of Alcoholic Beverage Control (ABC), the City does not need to process findings of Public Convenience or Necessity. These findings will be made by ABC. The project has been conditioned to ensure the kitchen will provide full menu service while the bar is open (COA No. 11). LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U-T San Diego on August 8, 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. 2 The Conditional Use Permit will allow a new restaurant within the Vail Ranch Specific Plan to obtain an ABC Type 47 (On-Sale General—Eating Place). The restaurant will be 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, will be in conformance with all zoning requirements contained in the Development Code. As a result, the restaurant represents a negligible addition to the commercial district. 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 will be consistent with the City of Temecula General Plan, which identifies that the site is located in the Highway Tourist (HT) zoning district. The Development Code provides that restaurants that serve alcohol and are conditionally permitted uses in the HT zoning district. 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. The business will operate within an existing building. As conditioned, the proposed conditional use for a Type 47 (On-Sale General - Eating Place) license will be compatible with the nature, condition and development of adjacent uses, buildings and structures because the surrounding area includes similar uses such as restaurants and retail establishments. The proposed conditional use will not adversely affect the adjacent uses, buildings or structures because the surrounding buildings are designed for restaurant and retail uses. 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 is expected to be renovated in conformance with the Building Code, and Fire Code. Therefore, the site for the 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 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. 3 The project will meet all the requirements of the 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. 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. Vicinity Map 2. Plan Reductions 3. PC Resolution 4. Exhibit A - Draft Conditions of Approval 5. Statement of Operations 6. Kitchen Menu 7. Notice of Public Hearing 4 VICINITY MAP 960-020-070 CITY OF TEMECULA PA19-0739 x _-- y; GPOIPJIDDR i l n AAI- C,k OQO 4 �L ! Y - 1 �- Project Site 0 1 inch=200 feet 1:2,400 ''a 0 200 400 Fee' 1 4T Date Created:7/26/2019 The map PA19-0739.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 hops://lemeculaca.gov/gis PLAN REDUCTIONS tINM (jrO-dHis'nom ` 1 ------ ------ r r r --r r r r 0 A� --------------------- c I I p v g 'as 580'0Z 'aS OEt►'9Z fl lIOH.7I�IV 'dS OW SE f liOH0t1d .s oft s } I '!)IOHOxd H'IIvM N NA r--- - r _---- t 1 1 1 1 1 I 1 1 i 1 1 i 1 1 1 1 I .y.o• 1 1 � 1 I � 1 1 i � 1 � 7C m z O 1 1 1 r °-ff- 0 'arx 1 - Ym ;u z m �o i � rD �o � � Km 1 -4 1 c AS 000'9 I z v Oi QVa t v ---- - 0" 'o ZI mmcn m D m -1 v 0 SITE PLAN - TEMECULA, CA D j ': . • D, FLOOR PLAN INSIDE TEMECULA, CA KITCHEN =C00LE DINING"'B SEATING: 244 SEA ,� 3LffAT 2m FREEZE E2 - TOTAL; 106 7 m 7 Llg�Mm DINING "A" 70 FF. DINING "B" 36 DINING "C" 0 DINING "D" 0 U-14P TOTAL: 104 SEA Is TRASH 84 FzN s INSIDE OOLER P/1117) TOTAL: 34 SFA I M IFN RG 0 EA PATIO "A" 34 —' Tttl Ed 11 -�ATIO "E"I BUILDING: 5712 S.F. BA W BEER TAK II57 ENTRY t 20 SEATS, OOLER BAR DINING 1400 TAKE OUT 350 ENTRYWAYS 476 WTI RESTROOMS 408 KITCHEN 1168 14SIDE COOLER 615 UTILITY 159 T 17CATI'L7 IF- DRAFT PLANNING COMMISSION RESOLUTION PC RESOLUTION NO. 19- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA19-0739, A CONDITIONAL USE PERMIT TO ALLOW FOR AN ABC TYPE 47 ON-SALE GENERAL (RESTAURANT) LICENSE FOR THE FUTURE BUFFALO WILD WINGS LOCATED AT 32401 TEMECULA PARKWAY, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 960-020- 070) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On May 15, 2019, Steve Rawlings, on behalf of Buffalo Wild Wings, filed Planning Application No. PA19-0739, 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 August 21, 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. PA19-0739 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 Permits, Development Code Section 17.04.010.E A. The proposed conditional use is consistent with the General Plan and the Development Code; The business operates 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 specifies Highway/Tourist Commercial (HT)for this site, and conditionally allows restaurants to operate with a Type 47 (On-Sale General - Eating Place). The sale of distilled spirits would serve as incidental uses 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. The business operates within an existing building. As conditioned, the proposed conditional use for a Type 47 (On-Sale General for a Bona Fide Public Eating Place) is compatible with the nature, condition and development of adjacent uses, buildings and structures because the surrounding area includes similar uses such as restaurant and retail establishments. These types of uses are commonly grouped together. The proposed conditional use will not adversely affect the adjacent uses, buildings or structures because the surrounding buildings are designed for restaurant and retail uses. 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 was constructed in conformance with the Development Code, Building Code, and Fire Code. Therefore, the site for the 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 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 Development Code, Fire Code and 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. 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 a Type 47 (On-Sale General - Eating Place) ABC license at Buffalo Wild Wings will be conducted in an existing building and involves a negligible expansion of the proposed restaurant. Beer and wine sales are already permitted for restaurants under the applicant's Type 41 license. All access to public utilities are available to the site. The proposed use, with issuance of a Conditional Use Permit, will be conformance with all zoning requirements contained in the Development Code. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA19-0739, a Conditional Use Permit to allow an ABC Type 47 License for Buffalo Wild Wings, a future restaurant located at 32401 Temecula Parkway, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 21st day of August, 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 21 st day of August, 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 FINAL CONDITIONS OF APPROVAL Planning Application No.: PA19-0739 Project Description: Buffalo Wild Wings CUP: A Conditional Use Permit to allow for an ABC Type 47 On-Sale General (Restaurant) license for the future Buffalo Wild Wings located at 32401 Temecula Parkway. Assessor's Parcel No.: 960-020-070 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 (Project not Located within the Uptown Temecula Specific Plan) Approval Date: August 21, 2019 Expiration Date: August 21, 2021 PLANNING DIVISION Within 48 Hours of the Approval 1. Filing Notice of Determination. 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 Two Thousand Four Hundred and Four Dollars and Seventy-Five Cents ($2,404.75) which includes the Two Thousand Three Hundred Fifty-Four Dollars and Seventy-Five Cents ($2,354.75)fee,required by Fish and Wildlife Code Section 711.4(d)(3)plus the Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. 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 due to 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. 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. 5. Sig_nage Permits. A separate building permit shall be required for all signage. 6. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment, walls, or other structures. 7. Water OualitV 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. 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. 10. Bona Fide EatingPlace.lace. Type 47 (On Sale General),licensees must operate and maintain their licensed premises as a bona fide eating place. The on-site sales and consumption of alcohol are an incidental and ancillary use to the restaurant use. A licensee is presumed to be operating as a bona fide eating place if the quarterly gross sales of food prepared and sold to guests on the premises exceeds the gross sales of alcoholic beverages for the same period. The licensee shall at all times maintain records which reflect separately the gross sales of food and the gross sale of alcoholic beverages on the licensed premises. The records shall be kept no less frequently than on a quarterly basis and shall be made available to the City, or its designee,upon demand. A full menu shall be available for order during all hours that alcohol is served. The premises where the licensee operates must possess a full restaurant kitchen facility containing conveniences for cooking such as a working refrigerator and cooking devices. The premises must offer sit down meal service and food menus. "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 with the requirement to provide meals. The premises must comply with all regulations of the health department. 11. Food Service. The bona fide public eating place shall serve a full menu at all hours that alcohol is served. 12. Statement of Operations. The applicant shall comply with their Statement of Operations dated April 9, 2019 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. 13. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 14. 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. 15. Posting of Local Transportation Providers. An 8.5" x I I" (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. 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. 17. 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. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 18. 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 19. 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. 20. 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. 21. Ensure No Alcohol Sold or Consumed by Person Under the Age . The applicant shall ensure that no alcohol is sold to or consumed by any person under the age of 21. 22. 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. 23. 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. 24. 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. 25. Maintain Premises as a Bona Fide EatingPlace.lace. 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). 26. 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). 27. 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). 28. 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). 29. 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. 30. 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 her or her genitals or anus (Rule 143.3 CCR. Also violates Section 311.6 PC if conduct is "obscene," e.g. intercourse, sodomy, masturbation, etc.) 31. 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). 32. 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 Section C: Statement of Operations Buffalo Wild Wings — Alcohol Sales 32401 Temecula Parkway, Temecula, CA April 9, 2019 Proposed Use: A permit to sell beer, wine and spirits (ABC Type 47 License) at a sit down restaurant, inside as well as on the patio. No live entertainment, dancing, karaoke or cover charge is proposed.Tenant improvements to be done under separate permit. Hours of Operations: • Sunday—Wednesday 11:00 am to 12:00 am (Last Call for Alcohol—llpm) • Thursday—Saturday 11:00 am to 2:00 am (Last Call for Alcohol—lam) • Sunday During Football Season—9:00 am to 12:00 am (Last Call for Alcohol—11pm) Employee Training: All Buffalo Wild Wing Restaurant 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: 28 Video is stored for at least 30 days and will be made available to law enforcement upon request. Number of Employees: 7—20 during lunch shifts 15—25 during dinner shifts Menu:See Attached MENU BEVERAGES LEMONADES 20 OZ. SODAS & pQG��� MENU)]�.MORE LARGECROWD?i b, 1-1 1A It....I. UAL ou FFA.LDWILDWiNGS COM 5TRAWBEPRY3951200CAL -1Ljl 359 1 GA. -REIN EK-IL,II Et: 1A LIMEADES DIET PEPSI-.15;10,,A, Lst I U CAL MOTO ,L I. ­,I�L.—,——Il_,.,11;, mfrff esl,1.CA. F At,7 dLALA Lr FRRY i. 122D CAL MULIN fAIN U&* i!A 1 11.CA, LIZE SPARKI.1 1r,Nfid, F. TRADITIONAL BONELESS BLACKBERRY 49�1 13L 0 RED BULLS,,q SIERRA Misr, 151 1%U GA. IZZE'SFAR WING),ICt R EQ:UL,L'EIGI 111111,11, IFMFNTIW Lq I 12CLAL 'EM113-ICAl 50 WINGS RFD tj� 5 'A'F...1 04 PEPPER' I- TAKEOUT MENU I`R. LJLI EDITIONS 11,19-11, 1- AQCAFWA E0'TIFuWA'FR 11299 1 12.911CLAL 100 WINGS 9299 1120-11390 CA 4IJG ItDol BEER 1 I.^Al 19 1 IDO CAL 1G799 I lG—U-ZCu CA- 150 WINGS OPICANA'!EIY0I,klF II,I L?n CA, EAC.SoWjKjLj5SLRVAC*T,YO.,K _'.F ESAUCES CELERY ANI CARROTS ADU 7t�CALI ULFLt Leif SL IADIJ ALIOR RANCI I()RES5I.(1(ALj0,l -1 KIDS TENDERS & MORE SHAREABLIS ZS CRISPY TENDERS MINI CORN DOGS L 01 ENDERS MAC&CHEESE MINI CORN DOGS TRADITIONAL Nis WINGS I IN GS 1.7.T'll"C14L S.*4EjES;st:,U%L 547,1 110-A. 5-912�---36: CN, NAKED TEIIII.E., RGER Z5 NAKED TENDERS' HATCH CHILE CON QUESO BONELESS I 160�1)CAI "9144r,(AL 3-4t,1--�'-I IAL I'll 1.1�oll CAI 260-b7� I TENDERS COMBO SOUTHWEST PLATTER al—JeGF.Atui RI............. I Aij .A[ ",—,I.,ut 25 "—w—am, CI n L'"o tj 3.li I CAI BIG TWIST PRETZELS 6 CLASSIC CHICKEN WRAPS 1119 1 2132-A,L SWEETS 7.'It )A PARTY SAMPLER "'I UkI,, u—,.Ina 11,99 1 4l3-,I.Al C',11COLATE FUDGECAKE LOADED ICE CREAM CHEESECAKE BITES .IIit—f i I I I....... mg LI,I" CHEESECAKE BITES WHOLE CHOCOLATE 1,6�",cream ---I,., 'C—.1 L I 621i 1'35 CAL t.1 Lil�lo", 5-1 3/1,8(3 CAL ?,19 11,911 CA5 SWEET IUIGE CAKE MINI CHCCOLX�F FUDGE CAKE S ig"q Inw?,I) A 1?9 1 320CAL SIDES CHIPS&SALSA POTATO WEDGES GARDEN SALAD I VEGGIE SLAW BLIIZIN RN TDDA S MEAL INTO TOMoR.oWS REWARDS. I I!!I ^,A, '�`"i cl, I"CO....CA, 11111 MI.IAL ADO CHEESE .oO 'LAZ" R=E'AR'S IN TO I CAESAR SALAD BAKE MAC& LAL CHEESE E St ABC BACON I7.9J 1 t'4U CAL ,CHIEI­- A LIU I'I'. (N SODAS GAL—1.GD .S I U.I—-A. EOW CA,QRlirS A DAY IS UbEJ FjR UFh RA,NUI III T;0N AUVIC L BLt'�AJIIE NEI,C'VARY 04i, CAY ISUlF(JI`-7—ElAl NLtTR.TIC.A0',lICE 9 1— Rlli NF!Fttl'VARY ,UI—Ut-AILtVlLLWWI;l VIF.A,-kG I,WR;,PARlY4A9Y—Rf 14k--1,fF;x IYOffiltlR XUUITIDNALN.TPIIIUWIN,ORWA�P3NAVAILAb E LIFDN REU-,,-. SNAREABLES LEGENDARY BURGERS OUR WINGS ARE xa,s e,Ndwnn.....,.,d 'r:1,n,r>J edv2GCA_ CHICKEN OUESA OILLA CRISPY JUMBO SHRIMP STREET TACOS ft'd 1'ci�i �:il 11 ,:r,Urr1 3a H,iPt ��Sn,1 (. �:itkfad -•,:r "n, -,1 LI +In„ ,�•re -m�V ul tinar.r . 1,. d f,. ,T y �• ALL-AMERICAN CHEESE CURD SOUTHWESTERN-U 499150n 10U CAI. 1,dN 'xr l e CHEESEBURGER BACON BURGER BLACK BEAN BURGER y ., �. BEER-BATTERED cal l 1 ° 1-v. 8;rr vuue ',e'e-..Ig IY. L=., d1 1k.DOLIN a srcrl/ u;e k h --V Waal . _ o29lsn^A,. TI•rkfel oU nr 1 nu,A ,,,1 ONION RINGS -- 6,II,JIe Nyw it 1,svle wi.4ts u,d ,.k1Jlmr ,,,, 1, wti.nl ti:,wmn .,...'Ida I ..... .R.'/ A r1e - I ed.e unf /A rr Oh�4an nun ' HATCH CHILE 1:.k- I FRIED PICKLES C ON GUESO Ldl[e / 0t-tlwesle dllackles u 11,:Cm r.,,;: SNACK SNACK u•Le g/I I: P kl d !t /4. heal 1129174D CA'. ItaJ w9 ile c1a da vu rag 9,49 I 55 LAL 929 13EU-500 CAL nwvra tl r I W+r o;>:,! s me/Cna NaD bu �rUwls.-.r ,�...,, 9.79//30-940 CAL g,ill", aP^reques[ 14911'20 CAL J rs Hat r r,de r7 'e-maoF. --. 5491'DO--AV 12A91 B40 LA.. 'L___...., SMALL SMALL BUFFALO BLED BURDEN uUuui,j TIMATE NACHOS ADD 14ICS CUT BACON r s r P' UuuWea le! L CHEDDAR 13.29 1 650-960 CAL R.49/1090-1380 CA, J .D 79911000 CAL mslxra chk _-1 L k. CHEESE CURDS 200(ADDICOCAI I b Um I 9U e I)@'r A", Li an ryuesr Jhwn rdr P� fe ww n Il MEDIUM MEDIUM ADD AVCADO L esedw PIuIv,crew. to:I Al .'.1u r:A1 gelb,/r-tr InIAlv+re J�,an,,/ er e e u is/n 1 .. 19.79 J 1010-1290 CAL 18.49/1640-2070 CAL 240I A,o'J _.� mNYes.Chan;. r„ tdanp /4 nd[n salsa eoulhwebtert a',LI i, SwL ,+ '.,,-_.::. '9A91tiF;0 CAI. S 1D,n51m uCa- 0.9911460Ca LARGE MOZZARELLA 571CN5 LARGE - ADD LAILLED C!ilCKEN HOUSE SAMPLER 23.49;1300-1650 CAL 22.49/2190-2760 CAL —" L501 ADD 140 CAL Ulu,rat'nacnbl/Dill :,... t4L,1 ` a�a" SEASONINGS SAUCES BIG TWIST PRETZEL na eRss w gs/Ln,i-e m I:..,_ CHIPS&SALSq I"..,:,J:�I„k, na,Y srasB g/,�..„-.,, __. -..__ WRAPS & SANDWICHES a cl/iw :.�!We, cheese ur t yeys'ng BLAZIN'•. L S ada tSN9 13240-3430 CAL °c91F50 CAL MINI CORN ODG5 DESERT HEATS BUFFALO WILD" - MANGO HA ANERO"BUFFALO HOT /uy l rr :.A1 -4BUFFALO BUFFALO RANCH BBO CHICKEN SANDWICH BAYOU PO'BOY CHICK EN SANDWICH g II- cta HL -SfiC/ UY1 .In.r -1 u 'IPv POTATO WEDGES THAT CURRY :1y l r 1 k,.U.,•aa1/ u o,pi- w k Adw v / f — p i cgr:_ GE�v _,u on.i ADD CHEESE r CHIPOTLE BBp need un 1 vrral a Ice/ � be 7 to 1.1u/ kle.r coil ;u / traded LOAD IT UP r2''I's..A- ar. u JAMMIN'JALAPENO arnh/ 1 u[k jdck cbecu n Lon/ChaNRI..u•. ::rbHg/mmam,vegg a slaw J FRENCH FRIES'...J,I-,m b,.,: ADD BACON a.INb LEMON PEPPER +HOT 860 hN it I.nroyirU•d I:enelgr '1?,]1610(,,At ,N �,..n o..,. .1.o 1111 CAL •CARIBBEAN JERK m„etc/rlckk a,..n/ CLASSIC "u�919ao/'_zO CF_ =1u ADD DRY SEASONING SALT&VINEGAR Lhalk,h CHICKEN WRAP - BUFFALO CHIPS v,:r wL,ro 4,s. ,1c':ne:gk r caa:L- .ASIAN ZING`' { 1129 1 180-A_ r „d1eJ hlCke(: ,, BUFFALO CHICKEN nos• 41 1pY b suFFAt o CAL .SPICY GARLIC PEPPER JACK 1s a :t./ qr J•1tiro.>+AruYNw*1 ----�� �— AK WRAP Ltrde,,-jaLk L e hlriU' -BUFFALO MEDIUM r 2uJ.0 L111e g 7 n,au:/ -mr-r.v nne -Ad,Ora µ• I r II,, &rAJr 111 V"-,WA4f- GREENS , d ,„ t a .aLl A y >e:vu 1. v-g/such .r u.'+,n.J-1C0.,CAI bk"Zuur aTunr/It— .Ih r.r, SERVED WITH YOUR HONEY BBO rch� gene u-1as,c+w Ml.c>: CHOICE OF: PARMESAN GARLIC Ilrn1 mi rid, BUFFALO RANCH r•Dry vgwnst, • "1 �'+C,.I:FI IL.911n7!'r:A,. CHICKEN WRAP 10-491`at70.1110 CAL HONEY BBO CHICKEN CAESAR SALAD GARDEN SIDE SALAD "BUFFALO MILD SOUTHWEST PHILLY I 41 ZO/4S F CHICKEN SALAD B'iRn ctarin7 rarW^M•Zl;ayyN s:tu 'm/ - CMEESESTEAK T- BOURBON HONEY sack ,e�,Lbk.J;I=c„r r g lh,l:hitke'�,/ drvkl6l alyvHl P,pnn.lr.! a,r„U,.,J rea vevP."J ia.Idr11 -n _ -.:-,lees ug.:,n;f 29O'SG.CAL `.MUSTARD ,r.,v:•d, k,..i':,.0 114v: uEutla, t P "r d,,' vi w a K,1r IT ri a l -Una Vily ' PSae/ ;.tlannu g! ten ehiIF cur. s_f Vtled,CrnP g/I,,mJ'U ,i11g/;n.l 3ca54U-AL 10a.c r vfdal lnGk eL L K119165n'A! wtms/Ier n,v +„:'i •TERIYAKI 4aew•I,.. c dUr Pirn 1:ka/ _Y BNJ/,. i;::.nu1 t.:kr;luau +SWEET HBO ,ie plL Ift-pe,Jll 10791910 CA'.. "791 94: CAL CAESAR SIDE SALAD 4991 350'At Iasi 17z;,;:Al rn'wn.-r Lew•r..:..•E r _ _ _..._. sm�l PA,rRr.,An+oniou I TRADITIONAL 8 BONELESS WINGS COMBO SANTA FE SALAD BUFFALO TENDERS & MAC k l 1 LAr�IGaR1 CHICKEN SALAD ., 1 Le ,r.y I A.11N1 s3'D CAL IGh,IiY AW1Ab.1NtlH,7 GfYX• Jcl ,.- 1`:: a 1 s c eu li 979•1747: `4Ut A. GARDEN CHICKEN SALAD M mtl"'0."' rYR Gp NAUI 1,,1:61 Meuse entii g:,lU:i :, ,u1 AArts�lvaw ll:wrzl tarot CRISPY TENDERS NAKED TEND ERS` BUFFALO 12191 1050 CAL. nL, a nch / ulal J lT RO coon I tpkji rr MAC 8 CHEESE vid"o11.Y,1..Room FRENCH FRIES BUFFALO CNIFS MAC R CHEESE _,g r' p V 1r C Pn - klFd ADO CHEESE'r:,,1n t J r, ,�, , •. eJ •0 J d WP a•..',;/ L'NLS•Se fb iB,Stl(/(,N11[trNrRr H '• 4 y['._,1, I.+CG-iDO.A. ai.1.: 1 .•,,....... ,::o /I. smI KIBD-um CAL. BEER-BATTERED ` 4 y, n ':41' � 4' IS5C /D CA. J 4T TENDERS 1 „NI En .,I:•. wr431 rl,•! V� GARDEN VEGGIE SLAW ADO BACON } `• 44d 1'9.,4/O f,AL ' ».......-..�.>.-.- _-- ONION RINGS SIDE SALAD [.�E D,44 1u Y lie 1 1 0" I'm C'_ o:•y/9EL,CA' 4.99/?50 LA: J'1: CAL 6 ENuFRS 199 1 2011 5 5^_A, IL19 11 9 14.O.C41 1720 15U 'A;. H VEGGIE BOAT ADD YOUR FAVORITF DRY 5 IENOEFS 1.991 B7U 1P61 i A,1, .- �'^+ •-4 . .; POTATO WEDGES CHEDDAR - -„� A'^SIDE SA-AG 4.00!.7U I'AL CHEESE CURDS "' I,;CA, SEASONING : 49 9 1 ADD 3L'O-A, ±.19'51r,CAI J':U,f IFS A-oar SUSLO•nN�NLxi.I NU LiII I N U I�L,6 „/iJi!IL kCLD:.vAkY- .:_U. 1�,IL_`r..1 A,IS J`•LJ'�k IL NLIt:,,N�.I..r:Ju AL`;If 8L 1_::ll'NL-L_>r..l,`• •'^...e ruoa v i-u: AM.d�.-•u J> _.., e(_r.,.'IRIy aY 1�L�,_,tk GLNtkA.t�:R11lUN `L'ALUkt['VLeDS VAn'. NOTICE OF PUBLIC HEARING y Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: 1989 CASE NO: PA19-0739 APPLICANT: Steve Rawlings PROPOSAL: A Conditional Use Permit to allow for an ABC Type 47 On-Sale General (Restaurant) license for the future Buffalo Wild Wings located at 32401 Temecula Parkway. 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: Jaime Cardenas, (951) 240-4215 PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: August 21, 2019 TIME OF HEARING: 6:00 p.m. j0 ORO Sj - %c$gig OW � vZ a [Project Site 0 0 100 200 400 Feet 1 i I i I 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.gov 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: August 21, 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 No. PA19-0894, a Modification to an existing SUMMARY: Conditional Use Permit (PA15-1187) for Home2 Suites by Hilton to allow for a Type 70 ABC License (On Sale General - Restrictive Service) located at 28400 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: Patricia Santini General Plan Industrial Park(IP) Designation: Zoning Designation: Business Park(BP) Existing Conditions/ Land Use: Site: Existing Hotel/Industrial Park(IP) North: Single Oak Dr., Office Building/Light Industrial (LI) South: Rancho California Rd., Industrial Building/Light Industrial (LI) East: Office Building/ Business Park(BP) West: Office Building/ Business Park(BP) Existing/Proposed Min/Max Allowable or Required Lot Area: 2.66 Acres 0.92 Acres Minimum Total Floor Area/Ratio: N/A N/A Landscape Area/Coverage: N/A N/A Parking Required/Provided: N/A N/A i BACKGROUND SUMMARY On May 4, 2016, the Planning Commission approved PA15-1185 (Development Plan) and PA 15-1187 (Conditional Use Permit) for the construction of an approximately 66,652 square foot four-story hotel. On June 18, 2019, Patricia Santini submitted Planning Application PA19-0894, a Modification to an existing Conditional Use Permit (PA15-1187) for Home2 Suites by Hilton to allow for a Type 70 ABC License (On Sale General- Restrictive Service)located at 28400 Rancho California Road. 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 Home2 Suites by Hilton is an existing 66,652 square-foot, four-story hotel located at 28400 Rancho California Road. The applicant is proposing to obtain a Type 70 ABC License (On Sale General — Restrictive Service). The Type 70 license will allow for beer and wine to be sold in the designated Marketplace, to hotel guests, located off the lobby area and was part of the original building construction. The license will also allow for the establishment to offer beer, wine, and appetizers/snacks to the guests at a complimentary in-house Guest Evening Social Monday through Thursday from 5:00 p.m. to 7:00 p.m. The evening socials will be held in the lobby area and adjacent enclosed patio of the hotel which has a seating capacity of 50 people This acquisition will allow the applicant to stay competitive with other hotels in the area as it is a convenience that travelers have come to expect when making the accommodation arrangements. No new additional floor area is proposed beyond the existing floor area. LEGAL NOTICING REQUIREMENTS The notice of the public hearing was published in the U-T San Diego on August 8, 2019 and mailed to the property owners within 1,000-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 a Type 70 ABC License (On Sale General — Restrictive Service) at Home2 Suites by Hilton will be conducted in an existing hotel. There will be no changes to the operation of the hotel, other than the sale of beer, wine, and distilled spirits to the hotels guests. This involves a negligible expansion of 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. 2 Home2 Suites by Hilton operates as a hotel. The proposed use is consistent with the City of Temecula General Plan which specifies that the Industrial Park (IP) designation includes hotels serving the entire community. The sale or furnishing of beer, wine, and distilled spirits would serve as an incidental use to the establishment 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. Home2 Suites by Hilton is an existing hotel within the Business Park zone. As conditioned, the proposed use is compatible with the nature, condition and development of adjacent uses, buildings and structures, as the existing hotel is surrounded by commercial and office uses 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 a Type 70 ABC License (On Sale General—Restrictive Service) at an existing hotel 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 1. Vicinity Map 2. Plan Reductions 3. PC Resolution 4. Exhibit A - Draft Conditions of Approval 5. Statement of Operations 6. Notice of Public Hearing 3 VICINITY MAP City of Temecula "'-�>JectSite a •� i• a, .rn. p7h 9fNGLC Project Site � a � s s 0 125 250 500 Feet This map was made by the City of Temecula Geographic Information System. .jr T-OL ® The map is derived from base data produced by the Riverside County Assessor's Department and the Transportation and Land Management Agency of Riverside County.The City of Temecula assumes no warranty or legal responsibility for the rM. information contained on this map.Data and information represented on this map are subject to update and modification The Geographic Information System and other sources should be queried for the most current information, This map is not for reprint or resale. PLAN REDUCTIONS GENERAL NOTESXm m'ry • E Sig �.'� . ..—.� b. .. —.o .. a�� d � Oak _ : 4,� -y Drive ` ..4��•! ' �• J � I. ' A•""�""�� :+ounwun.a.n.u.o�Ari�n ro..a..ar �• W"� - ��wnS�".�^.;- �� "'1- �.sC�$��. r.,«.,...�� ,.aw A.nmaow uEv..�ace a,,w..�.ws ll'e,SS. I !� ^.` � .'.��.. �6Yh -,K i�7• 1� ��os,..�."av I»s o�s.,"'.•."o.' / --' s.; �wi-.bOASpAAUM.OWpq I ./•.• C pW,EW. ar'rt s, ' Y1 � �\ / -} =\�®® -�-• � ; • •ti. ai, j '�•"� Mr_ +c: DE.M,AEivl.ro •..1•�'• J � - •} S'r `lAT�•-,�A/✓l! uiow10P�YFn u�snww w,r6 A�Mf�A lFnU6n4 ( uw�+Eow,�"-i.w°n:wwotn.m.cw.mc.c.r:w Home2 Hotel °�. �' .,D »..•..rt,�W o.D �.. EASEMENT cc lk C,4 E 0 o Office Building A. ` P Office Building BP Zone - t s ^' I �� BP Zone i > .a'=7.1••'N�N•P! IIi >(__. .- t'.� '�1'4f I T . '•'+ • y ' 1,TEMECULA FIRE°EPT _ NOTES&RE(UREYEN fS7 ...« 2f ! I f it •� "" r_, '-. N 6017me O.W"w Oft LANDSCAPE SETBACK © Pi j•' -@ 1 s �.w. a cl y - RJGy T TURN IN ONLY 4 ` Rancho California Road n �� �� ix A1 .1 J 7 kk mma, ►,r �� w!li'.. :,'I C j ' it ...Fi.. tipis f: S,, - •:ram.:.�I1� �-.-- �•• •=� ` MINIMUMpaii B�{•a�:k y �PJ,+�1 NC( 7J�r � ! �1.. r� '�� .t{�)io Z ■ t � _ ('�'r �J..;7�) ism -�'I 1 �`/ f• ( ti i j;.n ,.. A'•r�•.• -�• tj �{�N.,r�Fgf,; ! .• E �r�r �flrr�tCT::r.. �a•srlr3(q.`�+•ai���?! t t � j)r�'I� ,� :t;yl_ I . I� n� a ■.,^=r��::rl { r��� ; • '!li''I '.��. �`'����R� _ '7 li � I4TTTTiii�M.���111 `:'4I '•�.i��Q'.h'- "J,8 .J ■ • in.i h••"�•*'+•..�rr�rl- c■ �■ 1 O n�ti l�'r yh�'„ +�i �� -.■ � • � UZ t� l �L� �JQ• •aRl/:.:CY�r.��...i t r,.r.�y�;v.iirurl • 1011 11•1 I I ".'i I I�r Q' ■�ri� tam:a.- tom' t;t ' IJ a: a ; "tCy ■. .� r 7 �S al AlS L. Mill dt Plar 31i '■■ fse�■ ■■ Ufa ■■I/= M' :r � - ; _ i� � lf! r•r:uv l�ff .•r� r•r 11�( r•rnr•r 1�� :u;•. ram ^L[r Ewa ! �1� ' �►, ri i+ /lit,t►,1 �u I�it.t►\11 un I/��t►ll n _ � . ( �Li®!'■fdlEiki�:l�t i•a. t O ���©�I�JAr!))�SI{irffi-•••7trra7�£a}z•x��'�BkSsq.:..ago- }o x-j�d -rz�ayMA m1i�a'��^��4;`mMBT'•akl����. !lfr;j+ r a Ill Hill 111111111 � �0 DRAFT PLANNING COMMISSION RESOLUTION PC RESOLUTION NO. 19- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA19-0894, A MODIFICATION TO AN EXISTING CONDITIONAL USE PERMIT (PA15-1187) FOR HOME2 SUITES BY HILTON TO ALLOW FOR A TYPE 70 ABC LICENSE (ON SALE GENERAL - RESTRICTIVE SERVICE) LOCATED AT 28400 RANCHO CALIFORNIA ROAD, 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 May 4, 2016, the City of Temecula Planning Commission approved PA15- 1185, a Development Plan and PA15-1187, a Conditional Use Permit, for the construction of an approximately 66,652 square foot four-story hotel. B. On June 18, 2019, Patricia Santini filed Planning Application No. PA19-0894 a Modification to the previously approved Conditional Use Permit in a manner in accord with the City of Temecula General Plan and Development Code. C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Application and environmental review on August 21, 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. E. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA19-0894, subject to and based upon the findings set forth hereunder. F. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Modification to the Conditional Use Permit Application hereby finds, determines and declares that: Conditional Use Permit, Development Code Section 17.04.010.E A. The proposed use is in conformance with the General Plan for Temecula and the Development Code; Home2 Suites by Hilton operates as a hotel. The proposed use is consistent with the City of Temecula General Plan which specifies that the Industrial Park (IP) designation includes hotels serving the entire community. The sale or furnishing of beer, wine, and distilled spirits would serve as an incidental use to the establishment 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. Home2 Suites by Hilton is an existing hotel within the Business Park zone. As conditioned, the proposed use is compatible with the nature, condition and development of adjacent uses, buildings and structures, as the existing hotel is surrounded by commercial and office uses 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 a Type 70 ABC License (On Sale General — Restrictive Service)at an existing hotel 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 Modification: 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, Existing Facilities); The request for a Conditional Use Permit for a Type 70 ABC License (On Sale General— Restrictive Service)at Home2 Suites by Hilton will be conducted in an existing hotel. There will be no changes to the operation of the hotel, other than the sale of beer, wine, and distilled spirits to the hotels guests. This involves a negligible expansion of use. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA19-0894, a Modification to an existing Conditional Use Permit (PA15-1187) for Home2 Suites by Hilton to allow for a Type 70 ABC License (On Sale General -Restrictive Service) located at 28400 Rancho California Road,and makes a finding of exemption under the California Environmental Quality Act (CEQA), 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 21st day of August, 2019. Gary Watts, Chairperson 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 21 st day of August, 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.: PA 19-0894 Project Description: A Modification to an existing Conditional Use Permit (PA15-1187) for Home2 Suites by Hilton to allow for a Type 70 ABC License (On Sale General- Restrictive Service)located at 28400 Rancho California Road Assessor's Parcel No.: 921-020-041 MSHCP Category: N/A(No New Square Footage/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(Project Not Located in Uptown Temecula Specific Plan Area) Approval Date: August 21,2019 Expiration Date: August 21,2022 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(r)l 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 three 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 three 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. 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. 6. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 7. Statement of Operations. The applicant shall comply with their Statement of Operations dated June 19, 2019, 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. Previous Conditions of Approval. All previous Conditions of Approval from PA15-1185 and PA15-1187 shall remain in full effect unless superseded herein. 9. 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. 10. 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. 11. Compliance with State Laws and Labor Code. The permittee shall comply with all applicable state laws, including the California Labor Code. POLICE DEPARTMENT General Requirements 12. Type 70 License. A Type 70 license (On-Sale General-Restrictive Service) authorizes the sale or furnishing beer, wine and distilled spirits for consumption on the premises to the establishment's overnight transient occupancy guests or their invitees. This license is normally issued to "suite-type" hotels and motels, which exercise the license privileges for guest's "comnlimentarv"hannv hour. Minors are allowed on the Dremises. 13. 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. 14. 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. 15. 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. 16. 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). 17. 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). 18. 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. 19. 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). 20. Ouestions Re ag rding 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 Section C: Statement of Operations/Justification Temecula Home2 by Hilton Hotels June 19, 2019 Detailed description of the equipment proposed for the event The project is a Hilton Home2 hotel with 120 rooms. Construction will be concrete slab on grade with four story wood frame, and a flat roof. Hotel features include the main lobby and lounge areas, with a dining room and breakfast bar, a coffee bar, an exercise room, guest laundry room, a business center, and public restrooms. Each guestroom includes a bathroom with a shower and vanity area as well as a serving/eating area with a built-in refrigerator, microwave and a sink. For the traveler, a flat screen television, clothes closet and a variety of king size and queen size beds. Each room contains a sofa, end table, and a fold out bed. On-site parking provided is more than adequate for the facility. With 120 guestrooms and 125 parking spaces, the project is over parked and will not require off-site parking. Other outdoor amenities include an outdoor dining area, fire pit, covered outdoor space, and a barbeque area. Adjacent to the outdoor patio is an outdoor pool, with a glass fence separating the pool and patio areas. Hours and days of operation The hours of operation are 24 hours a day, 7 days a week. Number of employees The total number of employees for daytime shifts will be approximately(20) twenty. During the day, the typical shift will consist of(3) three maids, (2) two kitchen servers, (2) two front desk clerks, (1) one part time maintenance person, and (1) one hotel manager. After working hours, the number of employees reduces to 2 front desk clerks and one assistant manager. From midnight to about 7 am, there is only one or two employees in the hotel. Total number of parking spaces provided for event The total number of parking spaces provided is 125 spaces, including the five (5) spaces required for ADA compliance. Typically, guests begin arriving during the late afternoon, and continue arriving until approximately midnight, when the last guest of the day arrives. Midnight is when maximum parking occurs. At around 5:00 am, the first guests begin to leave the hotel, and this continues until check-out time, at 11:00 am, when most of the guests have left for the day. Thus, during the middle of the day there are typically a great number of open parking spaces. Average daily peak trips generated A traffic report has been completed by Kunzman Associates, Inc., dated December 21, 2015. According to the findings on page 20 of the report, the project will generate approximately 980 daily vehicle trips, 64 of which will occur during the morning peak hour and 72 of which will occur during the evening peak hour. Other Descriptions that effectively describe the proposed use There will be security cameras mounted at various locations in the building to monitor the entrances, and other key facilities. Breakfast will be provided as part of the fee for an overnight stay. Breakfast foods include pre-packaged items that are self-serve at the breakfast serving counter. Additionally, sundry food items are available to guests for purchase in the Pavilion Pantry Market of the hotel, which is open 24/7. Beer and wine will also be available for sale in the Market, pending approval of this Modification Application and an Application for a Type 70 license from the California Department of Alcoholic Beverage Control. Every Monday through Thursday nights, from 5:OOpm to 7:OOpm, the hotel will host a Guest Evening Social, aimed to offer our guests a casual way to engage and connect with others, while enjoying complementary appetizers/snacks, beer and wine. The Evening Socials will be held in the lobby and adjacent enclosed patio of the hotel (seating capacity: 50). No live entertainment or loud music will be provided. The inclusion of a license for service of beer and wine with food for our Guest Evening Socials, will simply allow our patrons the same service that they experience at other extended stay hotels. We do not believe it will hinder the achievement of community development goals, nor will it negatively affect the character of development of the immediate neighborhood. NOTICE OF PUBLIC HEARING Notice of Public Hearing 19$9` A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No: PA19-0894 Applicant: Patricia Santini Proposal: A Modification to an existing Conditional Use Permit (PA15-1187)for Home2 Suites by Hilton to allow for a Type 70 ABC License (On Sale General - Restrictive Service) located at 28400 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 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: August 21, 2019 Time of Hearing: 6:00 p.m. 8 Prood Site W pAtYHO CJ�l - — — 5 'o --0 125 250 5U0 P ppptMSL � Feet 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.gov 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.