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HomeMy WebLinkAbout011812 PC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694 -6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II]. PRELUDE MUSIC: CALL TO ORDER: Flag Salute: Roll Call: PUBLIC COMMENTS NOTICE TO THE PUBLIC TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET JANUARY 18, 2012 — 6:00 PM Earlene Bundy Commissioner Guerriero Carey, Guerriero, Harter, Kight, and Telesio CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of January 4, 2012 1 Next in Order: Resolution: 12 -02 A total of 15 minutes is provided so members of the public may address the Commission on items that are not listed on the Agenda. Speakers are limited to three minutes each. If you desire to speak to the Commission about an item not on the Agenda, a salmon colored "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary prior to the Commission addressing that item. There is a three - minute time limit for individual speakers. 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.. PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee. 2 Planning Application No. PA11 -0212, a Major Modification to the facade of an existing building (formerly 5 & Diner) and provide a 500 square foot outside patio to the front of the building, located at 26460 Ynez Road, David Ortega RECOMMENDATION: 2.1 Adopt a resolution entitled: PC RESOLUTION NO. 12- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA11 -0212, A MAJOR MODIFICATION TO THE FACADE OF THE EXISTING BUILDING (FORMERLY 5 & DINER) AND TO ADD A 500 SQUARE FOOT OUTDOOR DINING PATIO AT THE FRONT OF THE BUILDING LOCATED AT 26460 YNEZ ROAD (APN 910 - 320 -037) 3 Planning Application No. PA11 -0280, a Minor Conditional Use Permit to allow an existing restaurant (Pat & Oscar's) to upgrade an existing Type 41 ABC license to a Type 47 alcohol license, located at 29375 Rancho California Road, Eric Jones RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION NO. 12- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA11 -0280, A MINOR CONDITIONAL USE PERMIT TO ALLOW AN EXISTING RESTAURANT (PAT & OSCAR'S) TO UPGRADE THEIR EXISTING ABC TYPE 41 ALCOHOL LICENSE TO A TYPE 47 LOCATED AT 29375 RANCHO CALIFORNIA ROAD (APN 944 - 330 -015) 4 Planning Application No. PA11 -0270, a Minor Conditional Use Permit to allow a new restaurant (Fishmonger's) to obtain a Type 47 ABC license and provide live entertainment, located at 31045 Temecula Parkway, Eric Jones 2 RECOMMENDATION: 4.1 Adopt a resolution entitled: PC RESOLUTION NO. 12- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA11 -0270, A MINOR CONDITIONAL USE PERMIT TO ALLOW A NEW RESTAURANT (FISHMONGER'S) TO OBTAIN A TYPE 47 ABC LICENSE AND PROVIDE LIVE ENTERTAINMENT LOCATED AT 31045 TEMECULA PARKWAY (APN 961 -410 -029) REPORTS FROM COMMISSIONERS DEVELOPMENT SERVICES DIRECTOR REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, February 1, 2012, 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 viewing at City Hall's Planning Department Public Counter located at 41000 Main Street and at the Temecula Library located at 30600 Pauba Road during normal business hours. Additionally, any supplemental material distributed to a majority of the Commissioners regarding any item on the Agenda, after the posting of the Agenda, will be available for public review at the locations indicated above. The packet will be available for viewing the Friday before the Planning Commission meeting after 4:00 p.m. You may also access the packet the Friday before the meeting after 4:00 p.m. on the City's website at www.citvoftemecula.orq. 3 PRELUDE MUSIC: CALL TO ORDER: Flag Salute: Roll Call: CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 COMMISSION BUSINESS 2 Director's Hearing Summary Report RECOMMENDATION: PUBLIC HEARING ITEMS Earlene Bundy ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET JANUARY 4, 2012 — 6:00 PM Commissioner Carey Carey, Guerriero, Harter, Kight, and Telesio Next in Order: Resolution: 12 -01 Approve the Minutes of December 7, 2011 APPROVED 5 -0; MOTION MADE BY COMMISSIONER HARTER, SECOND BY COMMISSIONER CAREY; VOTE REFLECTED APPROVAL 2.1 Receive and File Director's Hearing Summary Report APPROVED 5 -0; MOTION MADE BY COMMISSIONER HARTER, SECOND BY COMMISSIONER CAREY; VOTE REFLECTED APPROVAL 3 Elect 2012 Chairman and Vice Chairman for 2012 CHAIRMAN APPROVED 5 -0; COMMISSIONER GUERRIERO TO SERVE AS CHAIRMAN, MOTION BY COMMISSIONER TELESIO, SECOND BY COMMISSIONER HARTER; VOTE REFLECTED APPROVAL. VICE CHAIRMAN APPROVED 5 -0; COMMISSIONER TELESIO TO SERVE AS VICE CHAIRMAN, MOTION BY COMMISSIONER HARTER, SECOND BY COMMISSIONER CAREY; VOTE REFLECTED APPROVAL 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 1 written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee. 4 Planning Application No. PA11 -0305, a Conditional Use Permit and Development Plan for a water park, located at the northwest corner of Dendy Parkway and Diaz Road, Stuart Fisk APPROVED 5 -0; MOTION BY COMMISSIONER HARTER, SECOND BY COMMISSIONER GUERRIERO; VOTE REFLECTED APPROVAL REPORTS FROM COMMISSIONERS PLANNING DIRECTOR REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, January 18, 2012, 6:00 PM City Council Chambers, 41000 Main Street, Temecula, California. Ron Guerriero Chairman RECOMMENDATION: 4.1 Adopt a resolution entitled: PC RESOLUTION NO. 12 -01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA11 -0305, A CONDITIONAL USE PERMIT WITH A DEVELOPMENT PLAN FOR A WATER PARK CONSISTING OF POOLS, SLIDES, AND OTHER TYPES OF WATER RIDES, CONCESSION STANDS, GIFT SHOP, PARTY ROOM, LOCKER ROOMS, RESTROOMS, PICNIC AREAS, SERVICE YARD, AND PARKING LOT LOCATED AT THE NORTHWEST CORNER OF DENDY PARKWAY AND DIAZ ROAD (APN 909 - 370 -002) 2 Patrick Richardson Director of Development Services DATE OF MEETING: PREPARED BY: PROJECT SUMMARY: RECOMMENDATION: CEQA: PROJECT DATA SUMMARY Name of Applicant: General Plan Designation: Zoning Designation: Existing Conditions/ Land Use: Site: North: South: East: West: STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION January 18, 2012 David Ortega, Case Planner Planning Application No. PA11 -0212, a Major Modification to the facade of the existing building (formerly 5 & Diner) and addition of a 500 square foot outdoor dining patio at the front of the building located at 26460 Ynez Road. Approve with Conditions Categorically Exempt Section 15302, Class 2 Replacement or Reconstruction Steve Enzio Community Commercial (CC) Temecula Regional Center Specific Plan (Specific Plan No. 7); Planning Area 1- Commercial Restaurant (vacant, 5 & Diner) /Community Commercial (CC) Restaurant (existing Roadhouse Grill) /Community Commercial (CC) Retail /office suites /Community Commercial (CC) Restaurant (existing Johnny Carino's) /Community Commercial (CC) Retail center across Ynez /Community Commercial (CC) Existinq /Proposed Min /Max Allowable or Required Lot Area: 31,613 existing square N/A feet. Total Floor Area /Ratio: 3,249 square feet./ 0.10 N/A proposed Landscape Area /Coverage: 6,050 square feet /19% 4,741 sq. ft. /15% required proposed Parking Required /Provided: 41 spaces provided 15 spaces required BACKGROUND SUMMARY On February 16, 2000, the Planning Commission approved Planning Application No. PA99- 0476, a Development Plan to construct and operate a restaurant (5 & Diner) located on the eastside of Ynez Road, approximately 500 feet south of Winchester within the mall out lots (Pad N) On July 28, 2008, a Major Modification (PA08 -0162) to reconstruct the exterior elevations to convert the existing restaurant into a bank building was submitted to the Planning Department. Since the proposed Major Modification was a substantial change in the architecture, and approval of major modifications requires consideration by the original approval body, the Planning Commission was the appropriate approval body for that Major Modification application. An Extension of Time was filed with the City on October 26, 2010; however, the project (PA08- 0162) was not taken forward from that point on. On August 08, 2011, a new Major Modification application for the former 5 & Diner site was submitted. Modifications as part of this application include changes to the facade as well as the construction of a 500 square foot outdoor dining patio at the front of the building. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS Site Plan The proposed Major Modification will result in no changes to the site plan or building footprint, except the addition of a proposed 500- square foot outdoor dining patio to be constructed at the southeast corner of the building. This is an existing building that meets the minimum setback requirements and development standards of the Temecula Regional Center Specific Plan (Specific Plan No. 7). Architecture The proposed building exterior modifications propose to replace the existing metal siding with a smooth stucco finish, and a complementary slate wainscot base along the perimeter of all elevations. The architectural style of the building integrates Mediterranean elements to coordinate with the other buildings located within the other mall out lots. Compatibility with the neighboring buildings is achieved with paint colors, building materials and architectural style. All elevations embrace well balanced symmetrically placed recessed windows. The smooth stucco finish includes shades of beige, which have been carefully selected to accentuate the breaks in wall planes and provide articulation. The varied roofline and ornamental slate provide openings, recesses and decorative enhancements that create light and shadow to enhance visual interest. A cornice trim balances the structure's profile. All elevations provide 360- degree architectural enhancements and coordinate well with the other mall out lot structures. The proposed architecture is consistent with the provisions contained within the Architectural Guidelines for the Temecula Regional Center Specific Plan (Specific Plan No. 7). Landscaping The overall site includes 19 percent landscaping which exceeds the minimum 15 percent landscaping requirement for the site. All of the existing landscaping, including purple leafed plum trees, will remain intact with the exception of the existing ground cover in the location of the proposed 500 square foot patio. Access /Circulation The site provides 41 parking spaces, which exceeds the required 15 parking spaces for a commercial unit of this size. Per the Temecula Regional Center Specific Plan No. 7, it is required that there are five parking spaces per 1,000 feet of gross leasable area. While pedestrian pathways and handicapped parking have been modified slightly to accommodate new entrance doorways, existing vehicular access and circulation will remain the same. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on January 4, 2012 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 15302, Class 2 Replacement or Reconstruction). The project involves no expansion of an existing facility. The proposed building modifications are aesthetic modifications and enhancements to an existing building, which involves no expansion of the building footprint or floor area. FINDINGS Pursuant to Development Code Section 17.05.030, modifications to an approved Development Plan shall require the same findings as were made on the original approval: Development Plan (Temecula Municipal Code Section 17.05.010.F) 1. 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 proposal, a restaurant, is consistent with the land use designation and policies reflected in the Community Commercial (CC) land use standards in the City of Temecula General Plan, as well as the development standards for Temecula Regional Center Specific Plan. The site is therefore properly planned and zoned and found to be physically suitable for the type and density of commercial development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local Ordinance, including the California Environmental Quality Act (CEQA), the Citywide Design Guidelines, Ordinance No. 655 (Mt. Palomar Lighting Ordinance), the City's Water Efficient Landscaping provisions, and Fire and Building Codes. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The overall design of the project, including the site, building, parking, circulation and other associated site improvements, is consistent with and intended to protect the health and safety of those working in and around the site. The project has been reviewed for, and as conditioned has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. ATTACHMENTS Aerial Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Notice of Public Hearing City of Temecula o 1 �� +,�• t 4411 46 e '1'i 4 -3. 4„,.. 4 0 0 250 Aerial - March 2010 500 Feet PA11 -0212 This map was made by the City of Temecula Geographic Information System. 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 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. 111 • h �• INTERIOR DRIVE 230' Mrn2•4 WS( F (01 .NA, atl • • (to 201,1'0 11terNPrM• L'IV1rL0L 1.2.•02000 YNE2 ROAD • 41•— —0 ,i�f :{s:: \'s \ :. 0,, .0(0((0 is V �'� '�. It t4' $4I .30 nl 10• •017142% I341eAC/ A O SITE PLAN T teenneal T L 0109 me rower 5ITE NOTES GMI ,1 C-7K.S I 90402, 00(00111 • 4101' 11(1 11'O( 10 P(MMI 1 :651135., .0A I0 W 'hL 1 5 14 rOPCVMl w 00151'M!An11'n00+0 NI! W1 r1ICN33t •:.0:99 • roc 1,T)Al1l00100111 6 I.LWs..CYO0'4•C I( rs>7:+A9 010* r410 0 Qv/ CIA59 85"(' (17Cr. rt.. 102 010 0.2.1 01(1 ' 01 11 1 0 1 0 ( 1 09 ' P 1:•00+(0 Anr. .AIr. O' 1 04410•:0 1i '$W Ie1ACAI(000WS AS St {04(0 • •.010 0♦ 10 A Nf 1 .011 0 .0 .A'1 VW, 1 0'( "3 1 01110610'19 AMP 5S,Cal5 1 1 COanrlw•. I1'1995Art 1124 OWNER: 9002LI11 .7.911Y.+l(5. 111 I MI:(, 040,0 A 2,11 5111 9(01 5:33/6 nets CA 90064 m yr 11•6136n41m 10( 30 13 1 LEGAL MSCRIFTION. •$. 011! c..ss, O 0100 0 049011'(2 's•.;. . 01'1 C!101 101 .04.673.60 eer, A'.1 l� :. 11000 4031. .999 "1011 32401 1 00' 0,2I 0 31 ((03 0110110C> BUILDING DATA, .0 el 3.74f' 5f A _C.fATflZ,61l T'R 4H -•_1191• 10(7 '.0',:101• 1 1010.1• 501.12115 [10119.000' '9.r Vitrat a (/1(15.(141} :;(LWA•If.I 70 1 1,916/.3 20901: 5 7(CCn'16.'rVV C0031rP.C2N 1 , 10r1020 0 5'.7110214.1.71018 .'LR: 533.104 't G: r 00.709 9001 91A101 LANDSCAPE TABULATION: 'out vic A4V. 31.4135' 002604 =1. [. '0tm 11Rt+:a SOT A 1.:49 9T. ^ 13' oui mom: warm, 441 ?'5:5 111(0, 101640101032,000(1 /2 3.1490. r '0,2712 '0111 WO:LW W.11Mt. 0.151191 .95 1 014 Iu 2I :11'1, n5. PARKING TABULAf1)N, 0111,c0 Pe 7'014: 11 qp 41 0 0 1110 ^_w '014 A•t0,90 000.413.0 A rCT/-Q2 91A'.0160 112.'3._'0• °A l 1 001 . 103410023 39 SPACES 399' 1 609.((9 W '011,, 01710'00 .021,1110 4' 01 0100 urII PURVEYORS: 9M401. 001 210 6900 04,0.7 (10000,0 WA(40. 00041 212110 951 9:6 Snr rImnst Lf104'C'rAL W'A'1 .05',1x1 3 [ICON 9' 10 195 .40,1 (4501 ▪ 009 ACC -91 m 504100 w1 1 0 0 26109 CnvrA \v •atW.te 040 '. 5IX19.0.5rG0 mitArR r35 911 t OUR 1'_ 109(1'(9 201 (0511621'((01AA2L 11035 PA:P0110 0" NO" 4 295 05 ..1 - .\ kn.f +O Rt \•0111 090 O 113900.4 CITY OF TEMECULA FORMER 6&DINER 104(01141 0D Revisbsns: • A ..._.,_ SITE PLAN SC 01 ..lw A1.0 60 OWNER: , VVW4t) MAW.% µC • `C4N'.l hvi.9R D70 •. OH* yf7 0 VS, F ibiNE KVA1142 I AACULA CA91 17er1{Yon {' PHOTO PLAN SE SE A111 a 11 ar- e b' R ' 0 W-0 r -a ` 11•• of r -a Mama MOM ❑ MOM o3+ � on.. r -a' .K Q (F) TRASH ENCLOSURE ENXI-- In (E) BACK AREA r -f• r-r \� .� . 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V/1 • NZ 1 .w M. •4 • u.• ••1...1f 1 awMAIM •tee. tll 0•• R 11 1 Y<RR•• .$ 17M .W • • a _ t1. mor s 0.0s 01•0310 Iowa •V/. nu • 1w RC O. IN t0.. 001101 R 1 mom • 011.110.0.77.1 WM MMIMIM M. 77¢ 1•00117A A.M. r I MIA 10.1a MGM 1 <•1R 1 . tae. I.•r.an®11.- Al .0.11 .011 ai-at 0.w (Roll. ma to to 1 wee .•w 1 ra 1 . 771 0.1r is a 1771a1 mom a no FLAWING tECIEND 1-. nEZ Halo M w� •••MA MINIM u•0. WWI I MOZZ AN MIS • Y ..•la 1•..1 •O M 77••• • I••••• M MOONS R.77MI•1 • .•.1∎177• w 1 •R •t q M• ••••• ••• 111E CM ZUM110111 0. .•O 11 a. S .7711 LOINCIM ifa 4100 R 1 •O 11.11 R 0 NIL !!X:04 Ce000 311 0o0 1r a .ts _-1_ a0. 1p 1 100104 =01 MUMMY PLANTING PLAN PC RESOLUTION NO. 12- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA11 -0212, A MAJOR MODIFICATION TO THE FACADE OF THE EXISTING BUILDING (FORMERLY 5 & DINER) AND TO ADD A 500 SQUARE FOOT OUTDOOR DINING PATIO AT THE FRONT OF THE BUILDING LOCATED AT 26460 YNEZ ROAD (APN 910- 320 -037) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On November 5, 2008 the Planning Commission approved Planning Application No. PA08 -0162 a Major Modification to modify all exterior elevations of an existing restaurant, 5 & Diner (approved development plan PA99- 0476), to be reconstructed as a bank, Arrowhead Credit Union, generally located on the east side of Ynez approximately 500 feet south of Winchester at 26460 Ynez Road. B. On August 08, 2011, Steve Enzio filed Planning Application No. PA11- 0212, a Major Modification Application, 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 January 18, 2012 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. PA11 -0212 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 Application hereby finds, determines and declares that: Per the City of Temecula Municipal Code, Development Code Section 17.05.030, modifications to an approved Development Plan shall require the same findings as were made on the original approval (Development Plan, Section 17.05.010.F): 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 proposal, a major modification, is consistent with the land use designation and policies reflected in the Community Commercial (CC) land use standards in the City of Temecula General Plan, as well as the development standards for Temecula Regional Center Specific Plan. The site is therefore properly planned and zoned and found to be physically suitable for the type and density of commercial development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local Ordinance, including the California Environmental Quality Act (CEQA), the City Wide Design Guidelines, Ordinance No. 655 (Mt. Palomar Lighting Ordinance), and the City's Water Efficient Landscaping provisions, and Fire and Building Codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The overall design of the project, including the site, building, parking, circulation and other associated site improvements, is consistent with and intended to protect the health and safety of those working in and around the site. The project has been reviewed for, and as conditioned has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Major Modification Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15302, Class 2 Replacement or Reconstruction); The project involves no expansion of an existing facility. The proposed building modifications are aesthetic modifications and enhancements to an existing building, which involves no expansion of the building footprint or floor area. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA11 -0212, 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 18th day of January, 2012. ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA )ss Ron Guerriero, Chairman I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 12- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 18th day of January, 2012 by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary Planning Application No.: PA11 -0212 Project Description: Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Quimby Category: Approval Date: Expiration Date: PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL -1. The applicant /developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty -Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48 -hour period the applicant) developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). General Requirements EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL A Major Modification to the facade of the existing building (formerly 5 & Diner) and to add a 500 square foot outdoor dining patio at the front of the building located at 26460 Ynez Road 910- 320 -037 Exempt (No new land disturbance /grading) Exempt (Facade improvements to existing building) Exempt (Facade improvements to existing building) Exempt (non - residential project) January 18, 2012 January 18, 2015 PL -2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL -3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL -4. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL -5. The Planning Director may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to 3 one -year extensions of time, one year at a time. PL -6. This project and all subsequent projects within this site shall be consistent with Specific Plan No.7: Temecula Regional Center. PL -7. A separate building permit shall be required for all signage. PL -8. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL -9. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. PL -10. 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. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters. Ensure that all materials and products stored outside are protected from rain. Ensure all trash bins are covered at all times. PL -11. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staff's prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. MATERIAL Base Stucco Decorative Stone Veneer Aluminum Finish Trim Decorative Foam Planton with stucco cap and metal flashing Open -ended shed -style awnings Exterior light fixtures Covered Trash Enclosure PL -12. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan. PL -13. If construction is phased, a construction staging area plan or phasing plan for construction equipment and trash shall be approved by the Planning Director. PL -14. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. PL -15. All costs associated with the relocation of any existing streetlights shall be paid for by the developer. PL -16. The trash enclosures shall be large enough to accommodate a recycling bin, as well as regular solid waste containers. Prior to Issuance of Building Permit(s) PL -17. The applicant shall submit a photometric plan, including the parking lot to the Planning Department, which meets the requirements of the Development Code and the Palomar Lighting Ordinance. The parking lot light standards shall be placed in such a way as to not adversely impact the growth potential of the parking lot trees. PL -18. All downspouts shall be internalized. COLOR To match Dunn Edwards DE -5232 "Barley Peach" and DE -5187 "Weathered Saddle" "Coronado" Old Country Ledge - Sunhill Blend 1-1/2" Metal Reveal To match Dunn Edwards DE -317 "Day Lily" and DE -5268 "Sundown" Sunbrella Terracotta with logo To match Dunn Edwards DE -6357 "Black Tie" To match Dunn Edwards DE -5187 "Weathered Saddle" PL -19. Four copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, height and spread, water usage or KC value, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance and Water Storage Contingency Plan per the Rancho California Water District. The plans shall be accompanied by the appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved Grading Plan. PL -20. The Landscaping and Irrigation Plans shall provide a minimum five -foot wide planter to be installed at the perimeter of all parking areas. Curbs, walkways, etc. are not to infringe on this area. PL -21. The Landscaping and Irrigation Plans shall include a note stating that "Three landscape site inspections are required. The first inspection will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure, which will require inspection of irrigation installation of open trenches. The second inspection will verify that all irrigation systems have head -to -head coverage, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify proper landscape maintenance for release of the one year landscape maintenance bond." The applicant/owner shall contact the Planning Department to schedule inspections. PL -22. The Landscaping and Irrigation Plans shall include a note on the plans stating that "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." PL -23. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan). Applicant shall use evapotranspiration (ETo) factor of 0.70 for calculating the maximum allowable water budget. PL -24. A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long -term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. PL -25. Specifications of the landscape maintenance program shall indicate that "Three landscape site inspections are required. The first inspection will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure, which will require inspection of irrigation installation of open trenches. The second inspection will verify that all irrigation systems have head -to -head coverage, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify proper landscape maintenance for release of the one year landscape maintenance bond." The applicant/owner shall contact the Planning Department to schedule inspections. PL -26. The Landscaping and Irrigation Plans shall include a note stating that "Three landscape site inspections are required. The first inspection will verify irrigation installation with open trenches. The second inspection will verify that all irrigation systems have head -to -head coverage, and to verify that all planting have been installed consistent with the approved construction landscape plans. The third inspection will verify proper landscape maintenance for release of one year landscape maintenance bond." The applicant/owner shall contact the Planning Department to schedule inspections. PL -27. Specification of the landscape maintenance program shall indicate that "Three landscape site inspections are required. The first inspection will verify irrigation installation with open trenches. The second inspection will verify that all irrigation systems have head -to -head coverage, and to verify that all planting have been installed consistent with the approved construction landscape plans. The third inspection will verify proper landscape maintenance for release of one year landscape maintenance bond." The applicant/owner shall contact the Planning Department to schedule inspections. PL -28. Automatic irrigation shall be installed for all landscaped areas and complete screening of all ground mounted equipment from view of the public from streets and adjacent property for private common areas; front yards and slopes within individual lots; shrub planting to completely screen perimeter walls adjacent to a public right - of -way equal to 66 feet or larger; and, all landscaping excluding Temecula Community Services District (TCSD) maintained areas and front yard landscaping which shall include, but may not be limited to, private slopes and common areas. PL -29. If any phase or area of the project site is not scheduled for development within six months of the completion of grading, it shall be temporarily landscaped and irrigated for dust and soil erosion control. PL -30. All WQMP treatment devices, including design details, shall be shown on the construction landscape plans. If revisions are made to the WQMP design that result in any changes to the conceptual landscape plans after entitlement, the revisions will be shown on the construction landscape plans, subject to the approval of the Planning Director. PL -31. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three - foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after - thought. Plan planting beds and design around utilities. Locate all light poles on plans and insure that there are no conflicts with trees. PL -32. Building Construction Plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, fountains, hardscape to match the style of the building subject to the approval of the Planning Director. PL -33. Building plans shall indicate that all roof hatches shall be painted "International Orange." PL -34. The construction plans shall indicate the application of painted rooftop addressing plotted on a nine -inch grid pattern with 45 -inch tall numerals spaced nine inches apart. The numerals shall be painted with a standard nine -inch paint roller using fluorescent yellow paint applied over a contrasting background. The address shall be oriented to the street and placed as closely as possible to the edge of the building closest to the street. PL -35. The developer shall provide the Planning Department verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL -36. An applicant shall submit a letter of substantial conformance, subject to field verification by the Planning Director or his /her designee. Said letter of substantial conformance shall be prepared by the project designer and shall indicate that all plant materials and irrigation system components have been installed in accordance with the approved final landscape and irrigation plans. If a certificate of use and occupancy is not required for the project, such letter of substantial conformance shall be submitted prior to scheduling for the final inspection. PL -37. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right -of- ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right -of -way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening reviewed and approved by the Planning Director. PL -38. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Planning Director. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. PL -39. Performance securities, in amounts to be determined by the Planning Director, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan shall be filed with the Planning Department for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Planning Director, the bond shall be released upon request by the applicant. PL -40. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off - street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning (951) 696- 3000." PL -41. In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least three square feet in size. PL -42. All site improvements including but not limited to parking areas and striping shall be installed. PL -43. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. BUILDING AND SAFETY DEPARTMENT General Conditions /Information B -1. All design components shall comply with applicable provisions of the 2010 edition of the California Building, Plumbing and Mechanical Codes; 2010 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, California Green Building Standards and the Temecula Municipal Code. B -2. Provide details of all applicable disabled access provisions and building setbacks on plans. B -3. Provide disabled access from new patio area, and the public way and parking lot area. B -4. Show what kind of fencing is going around new patio area. B -5. Provide van accessible parking located as close as possible to the main entry. B -6. Show path of accessibility from parking to furthest point of improvement. B -7. Submit at time of plan review, a complete exterior site lighting plan showing compliance with Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights -of -way. B -8. Obtain all building plans and permit approvals prior to commencement of any construction work. B -9. Commercial and industrial project trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. B -10. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one - quarter mile of an occupied residence. The permitted hours of construction are Monday through Friday from 7:00 a.m. to 6:30 p.m., and Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. B -11. Commercial projects shall provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. At Plan Review Submittal B -12. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. B -13. Provide number and type of restroom fixtures, to be in accordance with the provisions of the 2010 edition of the California Plumbing Code. B -14. Provide precise grading plan to verify accessibility for persons with disabilities. Prior to Issuance of Building Permit(s) B -15. Provide appropriate stamp of a registered professional with original signature on plans. Prior to Beginning of Construction B -16. A pre- construction meeting is required with the building inspector prior to the start of the building construction. FIRE PREVENTION General Requirements F -1. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. Prior to Issuance of Building Permit(s) F -2. This building is not equipped with a fire sprinkler system as it fell under the square footage amount. Current building is less than 3,600 square feet. F -3. Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval for the monitoring of the hood extinguishing system. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. F -4. Hood extinguishing system plans shall be submitted for any changes or modifications to the existing hood system. Three sets of hood extinguishing plans must be submitted by the installing contractor to the Fire Prevention Bureau. Prior to Issuance of Certificate of Occupancy F -5. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial buildings shall have a minimum of 12 -inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of 6 -inch high letters and /or numbers on both the front and rear doors (CFC Chapter 5 and City Ordinance 15.16.020). F -6. A "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum of six feet in height and be located to the right side of the front door (CFC Chapter 5). POLICE DEPARTMENT General Requirements PD -1. Applicant shall ensure any landscaping surrounding buildings is kept at a height of no more than three feet or below the ground floor window sills. Plants, hedges and shrubbery shall be defensible plants to prevent would -be intruders from breaking into the buildings utilizing lower level windows. PD -2. Applicant shall ensure any trees surrounding building rooftops be kept at a distance to prevent roof accessibility by would -be burglars. Since trees also act as a natural ladder, the branches must be pruned to have a six -foot clearance from the buildings. PD -3. Any berms shall not exceed three feet in height. PD -4. All parking lot lighting shall be energy saving and minimized after hours of darkness and in compliance with Title 24, Part 6, of the California Code of Regulations. PD -5. All exterior lighting shall be in compliance with Riverside Mount Palomar Lighting Ordinance 655, low pressure sodium lighting preferred. PD -6. All exterior doors shall have a vandal resistant light fixture installed above the door. The doors shall be illuminated with a minimum one -foot candle illumination at ground level, evenly dispersed. PD -7. Any lighting affixed to the buildings shall be wall mounted fixtures and provide sufficient lighting during hours of darkness. PD -8. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. PD -9. Any graffiti painted or marked upon the buildings must be removed or painted over within 24 hours of being discovered. Report all such crimes to the Temecula Police 24 -hour dispatch Center at (951) 696 -HELP. PD -10. Upon completion of construction, each building or business shall have an alarm system that is monitored by a designated private alarm company to notify the Temecula Police Department of any intrusion. All multi- tenant offices/ suites /businesses located within a specific building shall each have their own alarm system. This condition is not applicable if the business is opened 24/7. PD -11. Any roof hatches shall be painted "International Orange." PD -12. Any public telephones located on the exterior of the buildings shall be placed in a well -lit, highly visible area, and installed with a "call -out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the buildings. PD -13. All disabled parking stalls on the premises shall be marked in accordance with Section 22511.8 of the California Vehicle Code. PD -14. Penal Code Section 490.5 affords merchants the opportunity to recover their losses through a civil demand program. The text of this section of the penal code can be found at: http://www.leginfo.ca.gov/cgi- bin /displaycode ?section =pen &group= 00001- 01000 &f i l e= 484 -502.9 PD -15. Employee training regarding credit cards, theft, citizens' arrest procedures, personal safety, business security or any other related crime prevention subject is available free of charge through the Crime Prevention Unit. To schedule an appointment call (951) 506 -5132. PD -16. Any business that serves or sells any type of alcoholic beverage shall comply with all guidelines within the Business and Profession Codes and all rules, regulations and guidelines of the California Department of Alcoholic Beverage Control. PD -17. Contact the Temecula Police Department for alcohol related inspections and training for both employees and owners. This includes special events held at business locations where alcohol will be served for a fee and the event is open to the general public. PD -18. Applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. PD -19. The Crime Prevention and Plans Unit of the Temecula Police Department offers free business security surveys, to schedule an appointment contact the unit at (951) 506- 5132. PD -20. Crime prevention through environmental design as developed by the National Crime Prevention Institute (NCPI) supports the concept that "the proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life." The nine primary strategies that support this concept are included below: a. Provide clear border definition of controlled space. Examples of border definition may include fences, shrubbery or signs in exterior areas. Within a building, the arrangement of furniture and color definition can serve as a means of identifying controlled space. b. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi - public to private space. PW -1. c. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. d. Place safe activities in unsafe locations. Safe activities attract normal users to a location and subsequently render the location less attractive to abnormal users due to observation and possible intervention. e. Place unsafe activities in safe locations. Placing unsafe activities in areas of natural surveillance or controlled access will help overcome risk and make the users of the areas feel safer. f. Redesign the use of space to provide natural barriers. Separate activities that may conflict with each other (outdoor basketball court and children's play area, for example) by distance, natural terrain or other functions to avoid such conflict. Improve scheduling of space. The timing in the use of space can reduce the risk for normal users and cause abnormal users to be of greater risk of surveillance and intervention. g. h. Redesign space to increase the perception of natural surveillance. Abnormal users need to be award of the risk of detection and possible intervention. Windows and clear lines -of -sight serve to provide such a perception of surveillance. i. Overcome distance and isolation. This strategy may be accomplished through improved communications (portable two -way radios, for example) and design efficiencies, such as the location of restrooms in a public building. PD -21. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506 -5131. PUBLIC WORKS DEPARTMENT General Requirements Unless otherwise noted, all conditions shall be completed by the developer at no cost to any Government Agency. It is understood that the developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. PW -2. A Grading Permit for precise grading, including all on -site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City- maintained street right -of- way. PW -3. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right - of -way. PW -4. All improvement plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. PW -5. The project shall include construction -phase pollution prevention controls into the design of the project to prevent non - permitted runoff from discharging off site or entering any storm drain system or receiving water during all field - related activities. PW -6. All onsite drainage facilities shall be privately maintained. Prior to Issuance of a Building Permit PW -7. A revision to the approved grading plan shall be prepared by a registered civil engineer in accordance with City of Temecula standards, and shall be reviewed and approved by the Department of Public Works prior to the commencement of grading. The grading plan shall include all necessary erosion control measures needed to adequately protect the site (public and private) and adjoining properties from damage due to erosion. PW -8. The developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works in accordance with Grading Ordinance Section 18.24.120. PW -9. A Soils Report shall be prepared by a registered soil or civil engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soil conditions of the site, and provide recommendations for the construction of engineered structures. PW -10. Construction -phase pollution prevention controls shall be consistent with the City's Grading, Erosion and Sediment Control Ordinance and associated technical manual, and the City's standard notes for Erosion and Sediment Control. PW -11. The developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. PW -12. The developer shall obtain letters of approval for any off site work performed on adjoining properties. The letters shall be in format as directed by the Department of Public Works. PW -13. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered civil engineer, and the soil engineer shall issue a Final Soil Report addressing compaction and site conditions. Prior to Issuance of Certificate of Occupancy PW -14. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Department of Public Works. PW -15. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. Case No: Applicant: Proposal: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below PA11 -0212 Steve Enzio A Major Modification to the facade of the existing building (formerly 5 & Diner) and an addition of a 500 square foot outside patio at the front of the building located at 26460 Ynez Road 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 15302, Class 2 Replacement or Reconstruction) David Ortega, (951) 240 -4203 City of Temecula, Council Chambers January 18, 2012 6:00 p.m. Notice of Public Hearing Any person may submit written comments to the Planning Commission before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of the hearing. Any petition for judicial review of a decision of the Planning Commission shall be filed within the 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. The proposed project application may be viewed at the City of Temecula Planning Department, 41000 Main Street, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner. DATE OF MEETING: PREPARED BY: PROJECT SUMMARY: RECOMMENDATION: CEQA: PROJECT DATA SUMMARY Name of Applicant: General Plan Designation: Zoning Designation: Existing Conditions/ Land Use: Lot Area: North: South: East: West: STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION January 18, 2012 Total Floor Area /Ratio: N/A Landscape Area /Coverage: N/A Eric Jones, Case Planner Planning Application No. PA11 -0280, a Minor Conditional Use Permit to allow an existing restaurant (Pat & Oscar's), located at 29375 Rancho California Road, to upgrade their existing ABC Type 41 alcohol license to a Type 47 Approve with Conditions Categorically Exempt Section 15301, Class 1 Existing Facilities Pat M. Sarkisian 944 - 330 -015 SP -2 (Rancho Highlands) Site: Existing Restaurant / Professional Office (PO) Rancho California Road, Existing Commercial /Community Commercial (CC) Vacant Lot/High Density Residential (H) Existing Religious Facility /Community Commercial (CC) Temecula Duck Pond /Professional Office (PO) Existinq /Proposed 1.88 Acres Parking Required /Provided: N/A N/A Min /Max Allowable or Required 0.92 Acres N/A N/A BACKGROUND SUMMARY On November 2, 2011, Pat Sarkisian submitted Planning Application No. PA11 -0280. The application will allow the restaurant to obtain a Type 47 Alcohol License from the California Department of Alcoholic Beverage Control (ABC). Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. Staff has worked with the applicant to ensure that all concerns have been addressed, however, the following issues have not been resolved to the satisfaction of staff. ANALYSIS Pat and Oscars is an existing restaurant that intends to upgrade their Type 41 ABC License to a Type 47 ABC License (On -Sale General Eating Place). The license will allow for the sale and consumption of beer, wine, and distilled spirits. Per the City of Temecula Development Code (Table 17.08.030), distilled alcoholic beverage sales at restaurants require the approval of a Minor Conditional Use Permit. ABC will process findings of Public Convenience or Necessity upon approval of the Minor Conditional Use Permit. No changes are proposed to the structure or site as part of the application. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on January 2, 2012 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 application will allow an existing restaurant to upgrade their liquor license from a Type 41 to a Type 47. The upgraded license will allow for the consumption of beer, wine, and distilled spirits. No modifications are proposed for the existing structure or site plan as part of the application. FINDINGS Conditional Use Permit (Section 17.04.010) The proposed conditional use is consistent with the General Plan and the Development Code. The use will allow an existing restaurant to upgrade its liquor license from a Type 41 to a Type 47. No operational changes to the restaurant are proposed. Per the City of Temecula Development Code (Table 97.08.030), distilled alcoholic beverage sales at restaurants require the approval of a Minor Conditional Use Permit. The project will be consistent with General Plan and Development Code policies. 2 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 application will allow for the upgrade of an existing liquor license, Restaurants commonly pursue Type 47 Licenses from ABC as a way to offer their customers a wider selection of beverage choices. Other restaurants with a Type 47 license exist in the immediate area. Therefore, the use will be compatible with the nature, condition and development of the adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures, The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The application will allow for the upgrade of an existing liquor license, The site will remain 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 nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project meets all requirements of 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 the conditional use will be based on substantial evidence in view of the record as a whole before the Planning Commission, ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Notice of Public Hearing 3 0 NMI lot 4k F i n J r TT 4 V y A A A ( MTMMA .A110 a WALL LEGEND =IWO nrwoco ,nn.At Ir0.0 WM 111=0 AAtMOVNrA/'M PP= w1.tuM Diana /NO K Mk Ma'ROYr.a0.WSW 1®'/ r.rw000uyaA, INYO. W a'AR106o MUMOvM WNW= OVAL LAM qRIN • OM ar YAK Mt TOW. 80.114011. Ylaf. OAalao FLOOR' PLAN MOn' t i 1D-2 PC RESOLUTION NO. 12- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA11 -0280, A MINOR CONDITIONAL USE PERMIT TO ALLOW AN EXISTING RESTAURANT (PAT & OSCAR'S), LOCATED AT 29375 RANCHO CALIFORNIA ROAD, TO UPGRADE THEIR EXISTING ABC TYPE 41 ALCOHOL LICENSE TO A TYPE 47 (APN 944 - 330 -015) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On November 2, 2011 filed Planning Application No. PA -0280 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 January 18, 2012, 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. PA11 -0280 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: Minor Conditional Use Permit, Development Code Section 17.04.010 A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The use will allow an existing restaurant to upgrade its liquor license from a Type 41 to a Type 47. No operational changes to the restaurant are proposed. Per the City of Temecula Development Code (Table 17.08.030), distilled alcoholic beverage sales at restaurants require the approval of a Minor Conditional Use Permit. The project will be consistent with General Plan and Development Code policies. 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 application will allow for the upgrade of an existing liquor license. Restaurants commonly pursue Type 47 Licenses from ABC as a way to offer their customers a wider selection of beverage choices. Other restaurants with a Type 47 license exist in the immediate area. Therefore, the use will be compatible with the nature, condition and development of the adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The application will allow for the upgrade of an existing liquor license. The site will remain 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. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The project meets all requirements of 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 the conditional use is based on substantial evidence in view of the record as a whole before the Planning Commission. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (15301, Class 1 Existing Facilities); The application will allow an existing restaurant to upgrade their liquor license from a Type 41 to a Type 47. The upgraded license will allow for the consumption of beer, wine, and distilled spirits. No modifications are proposed for the existing structure or site plan as part of the application. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA11 -0280, a Minor Conditional Use Permit to allow an existing restaurant, located at 29375 Rancho California Road, to upgrade their existing ABC Type 41 alcohol license to a Type 47, 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 18th day of January, 2012. ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) Ron Guerriero, Chairman I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 12- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 18th day of January, 2012, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA11 -0280 Project Description: PL -1. General Requirements A Minor Conditional Use Permit to allow an existing restaurant (Pat & Oscar's), located at 29375 Rancho California Road, to upgrade their existing ABC Type 41 alcohol license to a Type 47 Assessor's Parcel No.: 944 - 330 -015 MSHCP Category: Exempt (No New Square Footage /Grading) DIF Category: Exempt (No New Square Footage) TUMF Category: Exempt (No New Square Footage) Quimby Category: Exempt (Non Residential Project) Approval Date: January 18, 2012 Expiration Date: January 18, 2014 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project The applicant /developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty -Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48 -hour period the applicant/ developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). PL -2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentalitythereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL -3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL -4. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL -5. The Planning Director may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to 3 one -year extensions of time, one year at a time. PL -6. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 2 (Rancho Highlands). PL -7. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL -8. 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. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters. Ensure that all materials and products stored outside are protected from rain. Ensure all trash bins are covered at all times. PL -9. The applicant shall comply with their Statement of Operations submitted November 2, 2011, on file with the Planning Department, unless superseded by these Conditions of Approval. PL -10. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (951- 676 - 5090). PL -11. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL -12. The City, its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission and City Council is in addition to, and not in- lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permit approved or OUTSIDE AGENCIES PL -13. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated November 15, 2011, a copy of which is attached. POLICE DEPARTMENT General Requirements PD -1. 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. Applicant has applied for an upgrade from a Type 41 to Type 47 On -Sale, General — Eating Place (Restaurant) which authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises and authorizes the sale of beer and wine for consumption off the licensed premises. Applicant must operate and maintain the licensed premises as a bona fide eating place. Minors are allowed on the premises. PD -2. Applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. PD -3. Applicant must complete a LEAD training either given by the Department of Alcoholic Beverage Control, or an ABC certified equivalent course. PD -4. Applicant shall ensure that no alcohol is sold to or consumed by any person under the age of 21. PD -5. Identification will be verified utilizing one of the following: (a) valid California driver's license; (b) valid California identification card; (c) valid military identification card ( active /reserve /retired /dependent); (d) valid driver's license from any of the 50 States or Territories of the United States; (e) valid U.S. Passport; (f) valid government issued identification card issued by a Federal, State, County or City agency. PD -6. As noted above, onlya valid government issued identification card issued bya Federal, State, County or City agency is acceptable, providing it complies with Section 25660 of the Business and Profession Code (B &P), which includes the following requirements: (a) name of person; (b) date of birth; (c) physical description; (d) photograph; (e) currently valid (not expired). It is the responsibility of the business owner and any person who serves or sells alcohol to be aware of current laws and regulations pertaining to alcoholic beverages. PD -7. Sections 24200.5 (b) and 25657 (a) (b) B &P; Rule 143 CCR: Section 303 (a) (PC): On- sale licensees may not: (a) employ hosts, hostesses, or entertainers who solicit others to buy them drinks, alcoholic or non - alcoholic; (b) pay or agree to pay such an employee a percentage of the receipts from the sales of drinks solicited; (c) permit any person whether an employee or not, to loiter for the purpose of soliciting an alcoholic drink. PD -8. Type 41, 47 and 49 licensees must operate and maintain their licensed premises as a bona fide eating place. They must make actual and substantial sale of meals, during the normal meal hours that they are open, at least five days a week. Normal meal hours are: breakfast 6:00 a.m. — 9:00 a.m., lunch 11:00 a.m. — 2:00 p.m., and dinner 6:00 p.m. — 9:00 p.m. Premises that are not open five days a week must serve meals on the days they are open. The premises must be equipped and maintained in good faith. This means the premises must possess working refrigeration and cooking devices, pots, pans, utensils, table service, condiment dispensers, menus, posters, signs, and enough goods to make substantial meals. The premises must comply with all regulations of the local health department. Incidental, sporadic or infrequent sales of meals or a mere offering of meals without actual sales is not compliance. "Meals" means the usual assortment of food commonly ordered at various hours of the day. The service of only sandwiches or salads is not considered compliance. However, certain specialty entrees, such as pizza, fish or ribs, and an assortment of other foods, such as soups, salads or desserts, may be considered a meal. The Department will presume that a licensee is operating as a bona fide eating place if the gross sales of food prepared and sold to guests on the premises exceeds the gross sales of alcoholic beverages. "Prepared" means any processing preliminary to the final serving of food. (Note: Some licensees have a "conditional" license that requires food sales to be 50% or more of the total gross sales Sections 23038 and 23787 B &P). PD -9. Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B &P Code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00 a.m. Section 25632 B &P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter that the law. Those licenses are marked "Conditional" (23805 B &P). PD -10. Police officers, sheriff's deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at anytime during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer (Sections 25616, 25753, and 25755 B &P; 148 and 241 (b) PC). PD -11. 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 premises area includes the parking lot ( Sections 24200 (a) (B &P) and 25601 B &P; 316 PC). PD -12. Applicant shall ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages are trained in the proper procedures and identification checks. The Temecula Police Department provides free training for all 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 Temecula Police Department Crime Prevention and Plans Unit at (951) 506 -5131. PD -13. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506 -5131. LiYAL‘,. November 15, 2011 Dear Mr. Jones: COUNTY OF RIVERSIDE • COMMUNITY HEALTH AGENCY DEPARTMENT OF ENVIRONMENTAL HEALTH City of Temecula Planning Department Attn: Eric Jones, Project Planner P.O. Box 9033 Temecula, CA 92589 SUBJECT: PA #11 -0280 — PAT AND OSCARS CUP (ASSESSORS PARCEL NUMBER#944- 330 -013) In accordance with the agreement between the County of Riverside, Department of Environmental Health (DEH) and the City of Temecula, DEH offers the following comments for the project referenced in the subject heading of this letter: ALCOHOLIC BEVERAGE CONTROL (ABC) The applicant must contact ABC regarding all regulatory and permitting issues associated with obtaining an ABC Type 47 license. Alcoholic Beverage Control (ABC) 3737 Main Street #900 Riverside, CA 92506 951 782 -4400 POTABLE WATER AND SANITARY SEWER SERVICE This facility is currently receiving potable water and sanitary sewer service from Rancho California Water District (RCWD) / Eastern Municipal Water District (EMWD). Please note that it is the responsibility of the developer to ensure that all requirements to continue receiving potable water and sanitary sewer service are met with the appropriate water and sewer purveyor, as well as, all other applicable agencies. HAZARDOUS MATERIALS MANAGEMENT BRANCH (HMMB): 8y. � u 2 011 The facility will require a business emergency plan for the storage of hazardous materials, including compressed gas cylinders, greater than 55 gallons, 200 cubic feet or 500 pounds, or any acutely hazardous materials or extremely hazardous substances. If further review of the site indicates additional environmental health issues, HMMB reserves the right to regulate the business in accordance with applicable County Ordinances. Please contact HMMB at (951) 461 -0284 to obtain information regarding any additional requirements. Locat Enfnrcem^ni Agency • P.O. Box 1286, Riverside, r :;a 92502.1280 • (9091 955 -8982 • FAX (909) 781.9653 • 4080 Lemon Street. 91h Floor. Riverside. CA 92501 Eric Jones, Project Planner City of Temecula November 15, 2011 FOR ANY FOOD FACILITY REMODELING / BUILDING EXPANSION PROJECTS 1. Food facilities: a total of three (3) complete sets of plans for each food establishment are needed including a fixture schedule, a finish schedule and a plumbing schedule in order to ensure compliance with the California Retail Food Code. Food facility should be submitted to: • Department of Environmental Health, District Environmental Services, Murrieta 38740 Sky Canyon Drive. Suite A, Murrieta CA 92563 Attention: Plan Check (951) 461 -0284. Plan Check fees are required. If you have any questions regarding this letter please contact me at (951) 955 -8980. Michael Mistica, MBA, REHS Environmental Protection and Oversight Division Land Use and Water Resources Program 2 Case No: Applicant: Proposal: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: PA11 -0280 Pat Sarkisian C:\Program FilesWeevia.Com\Document ConverterMemp \1029535.doc A Minor Conditional Use Permit to allow an existing restaurant, located at 29375 Rancho California Road, to upgrade their existing ABC Type 41 alcohol license to a Type 47 In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15301, Class 1, Existing Facilities) Eric Jones, (951) 506 -5115 City of Temecula, Council Chambers January 18, 2012 6:00 p.m. Any person may submit written comments to the Planning Commission before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of the hearing. Any petition for judicial review of a decision of the Planning Commission shall be filed within the 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. The proposed project application may be viewed at the City of Temecula Planning Department, 41000 Main Street, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner. DATE OF MEETING: PREPARED BY: PROJECT SUMMARY: RECOMMENDATION: CEQA: PROJECT DATA SUMMARY Name of Applicant: General Plan Designation: Zoning Designation: Existing Conditions/ Land Use: Lot Area: Site: North: South: East: West: Total Floor Area /Ratio: STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION January 18, 2012 Eric Jones, Case Planner Planning Application No. PA11 -0270, a Minor Conditional Use Permit to allow a new restaurant (Fishmonger's) to obtain a Type 47 ABC license and provide live entertainment located at 31045 Temecula Parkway Approve with Conditions Categorically Exempt Section 15301, Class 1 Existing Facilities Mardelouis Hawthorne Professional Office (PO) Planned Development Overlay 4 (Temecula Creek Village) Existing Commercial /Professional Office (PO) Temecula Parkway, Existing Residential/Very Low Residential (VL) Creek /Open Space (OP) Existing Commercial /Professional Office (PO) Vacant Lot/Highway Tourist (HT) Existinq /Proposed 1.52 Acres N/A N/A Landscape Area /Coverage: N/A N/A Parking Required /Provided: N/A N/A Min /Max Allowable or Required 0.92 BACKGROUND SUMMARY On October 24, 2011 Mardelouis Hawthorne submitted Planning Application No. PA11 -0270. The application will allow the restaurant to obtain a Type 47 Alcohol License from the California Department of Alcoholic Beverage Control (ABC) and provide live entertainment. 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 applicant intends to obtain a Type 47 ABC License (On -Sale General Eating Place). The license will allow for the sale and consumption of beer, wine, and distilled spirits. Distilled alcoholic beverage sales at restaurants require the approval of a Minor Conditional Use Permit. ABC will process findings of Public Convenience or Necessity upon approval of the Minor Conditional Use Permit. No changes are proposed to the structure or site as part of the application. The applicant has also proposed live entertainment as part of the Conditional Use Permit application. The entertainment will consist of easy listening jazz conducted on Friday and Saturday from 7:00 p.m. through 1:00 a.m. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on Januiary 4, 2012 and mailed to the property owners within the required 1000 -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 application will allow an existing restaurant to upgrade their liquor license from a Type 41 to a Type 47 and provide live entertainment. The upgraded license will allow for the consumption of beer, wine, and distilled spirits. No modifications are proposed for the existing structure and site plan. The proposed live entertainment is typical for restaurants and also does not require any modification to the existing structure or site plan. FINDINGS Conditional Use Permit (Section 17.04.010) The proposed conditional use is consistent with the General Plan and the Development Code. The use will allow an existing restaurant to upgrade its liquor license from a Type 41 to a Type 47. No operational changes to the restaurant are proposed. Per the City of Temecula Development Code (Table 17.08.030), alcoholic beverage sales at restaurants, excluding beer and wine, require the approval of a Minor Conditional Use Permit. In addition, the proposed live entertainment is typical of restaurants and will be consistent with General Plan and Development Code policies. 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 application will allow for the upgrade of an existing liquor license, Restaurants commonly pursue Type 47 Licenses from ABC as a way to offer their customers a wider selection of beverage choices. In addition, the proposed live entertainment is typical of restaurants. Therefore, the use will be compatible with the nature, condition and development of the adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures, The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The application will allow for the upgrade of an existing liquor license and live entertainment. The site will remain 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 nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project meets all requirements of 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 the conditional use is based on substantial evidence in view of the record as a whole before the Planning Commission, ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Notice of Public Hearing Lit co 0 s U SILVERADO YNEZ RD 0 250 500 Feet PA11 -0270 DE PORTOLA RD TEMECULA PKY SAMANTHA LN C ANTERF,ELD z DR Ce n � N re N -z N - k. 71 • • 47990 111116 V ' 071,7 01 .11. 447 4 00 1111 V•8C •..01,0 0104 n 010 44 74 01 fall u 4114 •101101 000•47044/ .7 141 0 070 0,00 0•Y01 pat 00410,344 00 111040 111010, 1001011,4 0, 1 UN Olt, 014.1. 4160« 11100, 7.a• .u1rr ,o,•w4w1f 114.4 SYMBOI.S 1 w « `10 M006 M •• •04 • 4:40 lut Me: sal 4410 111. 0•1•0110 7416¢1911 • • t 1 N .. + «.. •071.0 •• ,014 111, 100 ••,««•1111,• •• •00141110140. ▪ [ .:1.,.,111 • • 00110 ▪ „111 1•110 ▪ ..,•..04,011 • +1 •• 0400 PROJECT DIRECTORY 0,040 u. I.v114 M 1,00101 111•1•x•81• 410 »iSlLLiy� .ip� 7 103 .40017 070 O. A rc N n1[1 1,414 0 014 10-0 010 1101 a.lu.t ! ; /11111111 ~ 511 T 11 j, L f11TT1TrII LOA (I.U0 ft 1.LLLLn.11ll.Ll.17 ciN- 1YJI Ar t t �+ 0- 101 a Pnn: - LLJJ1 11.10 - I_Ill1Jl1LW111IJ.LL11LI111L1J1. 1(116 fit VICINITY MAP HIGHWAY 79 SOUTH DETERRED SUBMITTALS 181 1114.0.041 •M 814 • :i 0041.0 2141.4 .. «.41411 4040 «K4 w 1 m: w n, 6.17..101 m0MTittt :r•1 amT1. eT 44• 81.11.2`1:... 0 101 tt[[,.�� 4 Sr 4,177 40001,1 147417 It re* n Y1M I laa:01 1=211 [ •i 11 "t.1 404011 rc1.0. 04,00 000400 rW 1106 SPECIAL INSPECTIONS / 7T1m r 1 • 10 Ya 11117 1 .. 110 1 =1=17 ... 0=0411= • • •K •44___t 11/0 rM /010 114 SS, •K 149 40.0 SIZE PLAN 0 ACCESSIBILITY REOUIREMENTS 11 1M*.0 J04.' 1001•1 1w wwS�iy� r � Ma i " rn 1 1 D�n mli �cr�ce K 1717/00041 8."«/ 070 11,“ "1 7111 to ?1e rte ;1 .7 744 1 . 4 4r 101011041110amt4x4 1101 041 1LT. tN,oru.•L. « 4 Wr40c Ow0[ w M + °a � [ iw11A` 0 1040 4 4 X1 "a 4111 41»11•[ Kman, to o7s.t •010111 g �iwwtl 16.111.61 ws SCOPE OF WORK 0 w 11911a 6,aa11 14414..14 4.14 K (1•4 *4111 010 0.1• 1wu1 MI R 441 q K 1117.41 9911 1111•10 011911' 051 r " 1 :iw 1` •lrwo" ` » r* 1 ilar' 054: ,016:41•, I1M:'1[OJWrn I 0 1•,9700 TnIS SuDMITTAI. 5 rOR iENANI IMPROVEMENT ONI 140.1:01 *0014155 51015 1.19 Y 79 '('9709(8 G 02590 4•COAA CAE& 0.728 178481 4790,94011 C08(I1 5177E 000 0818 WO• O�EpI l0 06.41■10 t1.sw117. A - 1 AIHBREVIA TIONS PROJECT DATA TE TE V ECU LA C<\FLAZA \ EA \T I V FROVEV E \T SHEET INDEX It RN MACS f111Aa M (N710 Df516N5 W731, _J,1 r�N I, N_Il tt� • 1147' FREEZER KITCHEN ADJACENT UNIT NOT A PART AL_Is ro, tiairtufMr:',&Ift 7 L M7MI•MM ha MI 111.18/3 STORAGE ORDER STRCEFROWf SEATING 23' -5 28' -4 WASHING 48' -2' OFFICE STROMONT WOMENS BAR PROPOSED SEAFOOD RESTAURANT tIEN 0 I1o1 El BAR SEATING 19' - 10" FUTURE EXTERIOR SEATING r MARDELOUS HAWTHORNE TEMECULA PARKWAY TEMECULA CA PC RESOLUTION NO. 12- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA11 -0270, A MINOR CONDITIONAL USE PERMIT TO ALLOW A NEW RESTAURANT (FISHMONGER'S) TO OBTAIN A TYPE 47 ABC LICENSE AND PROVIDE LIVE ENTERTAINMENT LOCATED AT 31045 TEMECULA PARKWAY (APN 961-410-029) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On October 24, 2011, Mardelouis Hawthorne filed Planning Application No. PA11 -0270, 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 January 18, 2012, 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. PA11 -0270 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: Minor Conditional Use Permit, Development Code Section 17.04.010 A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The use will allow an existing restaurant to upgrade its liquor license from a Type 41 to a Type 47. No operational changes to the restaurant are proposed. Per the City of Temecula Development Code (Table 17.08.030), alcoholic beverage sales at restaurants, excluding beer and wine, require the approval of a Minor Conditional Use Permit. In addition, the proposed live entertainment is typical of restaurants and will be consistent with General Plan and Development Code policies. 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 application will allow for the upgrade of an existing liquor license. Restaurants commonly pursue Type 47 Licenses from ABC as a way to offer their customers a wider selection of beverage choices. In addition, the proposed live entertainment is typical of restaurants. Therefore, the use will be compatible with the nature, condition and development of the adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The application will allow for the upgrade of an existing liquor license and live entertainment. The site will remain 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. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The project meets all requirements of 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 the conditional is based on substantial evidence in view of the record as a whole before the Planning Commission. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1 Existing Facilities) The application will allow an existing restaurant to upgrade their liquor license from a Type 41 to a Type 47 and provide live entertainment. The upgraded license will allow for the consumption of beer, wine, and distilled spirits. No modifications are proposed for the existing structure and site plan. The proposed live entertainment is typical for restaurants and also does not require any modification to the existing structure or site plan. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA11 -0270, a Minor Conditional Use Permit to allow a new restaurant to obtain a Type 47 ABC license and provide live entertainment located at 31045 Temecula, 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 18th day of January, 2012. ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) Ron Guerriero, Chairman I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 12- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 18th day of January, 2012, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary Planning Application No.: PA11 -0270 Project Description: Assessor's Parcel No.: 961- 410 -029 MSHCP Category: Exempt (No New Square Footage /Grading) DIF Category: Exempt (No New Square Footage) TUMF Category: Exempt (No New Square Footage) Quimby Category: Exempt (No New Square Footage) Approval Date: January 18, 2012 Expiration Date: January 18, 2014 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL -1. General Requirements EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL A Minor Conditional Use Permit to allow a new restaurant (Fishmonger's) to obtain a Type 47 ABC license and provide live entertainment located at 31045 Temecula Parkway The applicant /developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty -Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48 -hour period the applicant/ developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). PL -2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentalitythereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL -3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL -4. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL -5. The Planning Director may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to 3 one -year extensions of time, one year at a time. PL -6. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL -7. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters. Ensure that all materials and products stored outside are protected from rain. Ensure all trash bins are covered at all times. PL -8. The applicant shall paint a three -foot by three -foot section of the building for Planning Department inspection, prior to commencing painting of the building. PL -9. The applicant shall comply with their Statement of Operations submitted December 19, 2011, on file with the Planning Department, unless superseded by these Conditions of Approval. PL -10. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (951- 676 - 5090). PL -11. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL -12. The City, its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission and City Council is in addition to, and not in- lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. PL -13. The existing trash enclosure servicing the restaurnat must have a solid coverto prevent the comingling of storm water and food waste. Plans for the cover must be reviewed and approved by the City of Temecula. PL -14. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. OUTSIDE AGENCIES PL -15. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's correspondence dated November 9, 2011. POLICE DEPARTMENT General Requirements PD -1. Applicant has applied for a Type 47 On -Sale, General — Eating Place (Restaurant) which authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises and authorizes the sale of beer and wine for consumption off the licensed premises. Applicant must operate and maintain the licensed premises as a bona fide eating place. Minors are allowed on the premises. PD -2. Applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. PD -3. Applicant must complete a LEAD training either given by the Department of Alcoholic Beverage Control, or an ABC certified equivalent course. PD -4. Applicant shall ensure that no alcohol is sold to or consumed by any person under the age of 21. PD -5. Identification will be verified utilizing one of the following: (a) valid California driver's license; (b) valid California identification card; (c) valid military identification card ( active /reserve /retired /dependent); (d) valid driver's license from any of the 50 States or Territories of the United States; (e) valid U.S. Passport; (f) valid government issued identification card issued by a Federal, State, County or City agency. PD -6. As noted above, only a valid government issued identification card issued bya Federal, State, County or City agency is acceptable, providing it complies with Section 25660 of the Business and Profession Code (B &P), which includes the following requirements: (a) name of person; (b) date of birth; (c) physical description; (d) photograph; (e) currently valid (not expired). It is the responsibility of the business owner and any person who serves or sells alcohol to be aware of current laws and regulations pertaining to alcoholic beverages. PD -7. Sections 24200.5 (b) and 25657 (a) (b) B &P; Rule 143 CCR: Section 303 (a) (PC): On- sale licensees may not: (a) employ hosts, hostesses, or entertainers who solicit others to buythem drinks, alcoholic or non - alcoholic; (b) pay or agree to pay such an employee a percentage of the receipts from the sales of drinks solicited; (c) permit any person whether an employee or not, to loiter for the purpose of soliciting an alcoholic drink. PD -8. Type 41, 47 and 49 licensees must operate and maintain their licensed premises as a bona fide eating place. They must make actual and substantial sale of meals, during the normal meal hours that they are open, at least five days a week. Normal meal hours are: breakfast 6:00 a.m. — 9:00 a.m., lunch 11:00 a.m. — 2:00 p.m., and dinner 6:00 p.m. — 9:00 p.m. Premises that are not open five days a week must serve meals on the days they are open. The premises must be equipped and maintained in good faith. This means the premises must possess working refrigeration and cooking devices, pots, pans, utensils, table service, condiment dispensers, menus, posters, signs, and enough goods to make substantial meals. The premises must comply with all regulations of the local health department. Incidental, sporadic or infrequent sales of meals or a mere offering of meals without actual sales is not compliance. "Meals" means the usual assortment of food commonly ordered at various hours of the day. The service of only sandwiches or salads is not considered compliance. However, certain specialty entrees, such as pizza, fish or ribs, and an assortment of other foods, such as soups, salads or desserts, may be considered a meal. The Department will presume that a licensee is operating as a bona fide eating place if the gross sales of food prepared and sold to guests on the premises exceeds the gross sales of alcoholic beverages. "Prepared" means any processing preliminary to the final serving of food. (Note: Some licensees have a "conditional" license that requires food sales to be 50% or more of the total gross sales Sections 23038 and 23787 B &P). PD -9. Licensees may not sell, give, or deliver alcohol (bythe drink or bythe package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B &P Code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00 a.m. Section 25632 B &P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter that the law. Those licenses are marked "Conditional" (23805 B &P). PD -10. Police officers, sheriff's deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at anytime during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer (Sections 25616, 25753, and 25755 B &P; 148 and 241 (b) PC). PD -11. 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 premises area includes the parking lot (Sections 24200 (a) (B &P) and 25601 B &P; 316 PC). PD -12. Applicant shall ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages are trained in the proper procedures and identification checks. The Temecula Police Department provides free training for all 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 Temecula Police Department Crime Prevention and Plans Unit at (951) 506 -5132. PD -13. On -sale licensees who offer entertainment must abide by the following rules: (1) no licensee shall permit any person to perform acts of or acts which simulate; (a) sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law, (b) the touching, caressing or fondling on the breast, buttocks, anus or genitals, (c) the displaying of the pubic hair, anus, vulva or genitals; and, (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and /or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus (Rule 143.3 CCR. Also violates sections 311.6 PC if conduct is `obscene," e.g. intercourse, sodomy masturbation, etc.). PD -14. The Temecula Police Department crime prevention unit offers free training in ABC regulations and procedures. To schedule a training session, contact the Crime Prevention unit at (951) 506 -5132. PD -15. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506 -5132. COUNTY OF RIVERSIDE • COMiviUNITY HEALTH AGENCY AZA/A‘ DEPARTMENT OF ENVIRONMENTAL HEALTF November 9, 2011 City of Temecula Planning Department Attn: Eric Jones, Project Planner P.O. Box 9033 Temecula, CA 92589 SUBJECT: PA#11 -0270 — FISHMONGER MINOR CUP (ASSESSORS PARCEL NUMBER#961- 410 -029) Dear Mr. Jones: In accordance with the agreement between the County of Riverside, Department of Environmental Health (DEH) and the City of Temecula, DEH offers the following comments for the project referenced in the subject heading of this letter: POTABLE WATER AND SANITARY SEWER SERVICE This project is proposing Rancho California Water District (RCWD) potable water service and Eastern Municipal Water District (EMWD) sanitary sewer service. A "will - serve" letter from RCWD will be required for the proposal of potable water service. However, per Memorandum of Understanding between the County of Riverside and EMWD, no "will- serve" letters are required for projects located within EMWD's service area. Therefore, no "will- serve" letter will be required from EMWD for the proposal of sanitary sewer service. Please note that it is the responsibility of the developer to ensure that all requirements to obtain potable water and sanitary sewer service are met with the appropriate water and sewer purveyor, as well as, all other applicable agencies. HAZARDOUS MATERIALS MANAGEMENT BRANCH (HMMB): The facility will require a business emergency plan for the storage of hazardous materials greater than 55 gallons, 200 cubic feet or 500 pounds, or any acutely hazardous materials or extremely hazardous substances. If further review of the site indicates additional environmental health issues, HMMB reserves the right to regulate the business in accordance with applicable County Ordinances. Please contact HMMB at (951) 461 -0284 to obtain information regarding any additional requirements. Loci'i Enforcement Agency • P.O. Box 1280, Riverside, CA 92502 -1280 • (909) 955 -8982 • FAX (909) 781.9653 • 4080 Lemon Street, 9th Floor, Riverside, CA 92501 Land Use and Watei Engineering • P.0 Box 1206, Riverside, CA 92502 -1206 • (909) 955 -8980 • FAX (909) 955 -8903 • 4080 Lemon Street, 2nd Floor, Riverside, CA 92501 Eric Jones, Project Planner City of Temecula November 9, 2011 FOR ANY FOOD FACILITIES 1. Food facilities: a total of three (3) complete sets of plans for each food establishment are needed including a fixture schedule, a finish schedule and a plumbing schedule in order to ensure compliance with the California Retail Food Code. Food facility should be submitted to: • Department of Environmental Health, District Environmental Services, Murrieta 38740 Sky Canyon Drive. Suite A, Murrieta CA 92563 Attention: Plan Check (951) 461 -0284. Plan Check fees are required. If you have any questions regarding this letter please contact me at (951) 955 -8980. Michael Mistica, MBA, REHS Environmental Protection and Oversight Division Land Use and Water Resources Program 2 Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No: PA11 -0270 Applicant: Mardelouis Hawthorne Proposal: A Minor Conditional Use Permit to allow a new restaurant to obtain a Type 47 ABC license and provide live entertainment located at 31045 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 Facility) Case Planner: Eric Jones, (951) 506 -5115 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: January 18, 2012 Time of Hearing: 6:00 p.m. PA11 -0270 TEMECULA PKY I , I I C:1Program Files\Neevia.Com\Document Converter\temp11029543.doc A LN 0 250 500 Feet � I Any person may submit written comments to the Planning Commission before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of the hearing. Any petition for judicial review of a decision of the Planning Commission shall be filed within the 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. The proposed project application may be viewed at the City of Temecula Planning Department, 41000 Main Street, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner.