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HomeMy WebLinkAbout090512 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]. TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET SEPTEMBER 5, 2012 — 6:00 PM PRELUDE MUSIC: CALL TO ORDER: Flag Salute: Roll Call: PUBLIC COMMENTS Earlene Bundy Commissioner Carey Carey, Guerriero, Harter, Kight, and Telesio Next in Order: Resolution: 12-19 A total of 15 minutes is provided so members of the public may address the Commission on items that are not listed on the Agenda. Speakers are limited to three minutes each. If you desire to speak to the Commission about an item not on the Agenda, a salmon colored "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary prior to the Commission addressing that item. There is a three-minute time limit for individual speakers. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action.. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Action Minutes of August 1, 2012 1 2 Director's Hearing Summary Report RECOMMENDATION: 2.1 Receive and File Director's Hearing Summary Report PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee. 3 Planning Application No. PA12-0032, a Minor Conditional Use Permit for Soro's Mediterranean Grill, a bona fide eating establishment, to upgrade their liquor license from a Type 41 (beer and wine) to a Type 47 (beer, wine and distilled spirits), located at 28464 Old Town Front Street, Matt Peters 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. PA12-0032, A MINOR CONDITIONAL USE PERMIT FOR SORO'S MEDITERRANEAN GRILL, A BONA FIDE EATING ESTABLISHMENT, TO UPGRADE THEIR LIQUOR LICENSE FROM A TYPE 41 (BEER AND WINE) TO A TYPE 47 (BEER, WINE AND DISTILLED SPIRITS) AT 28464 OLD TOWN FRONT STREET (APN 922-023-022) REPORTS FROM COMMISSIONERS DIRECTOR OF DEVELOPMENT SERVICES REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, September 19, 2012, 6:00 PM City Council Chambers, 41000 Main Street, Temecula, California. NONCE TO THE PUBLIC The agenda packet (including staff reports) will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 PM the Friday before the Planning Commission meeting. At that time, the agenda 2 packet may also be accessed on the City's website — www.cityoftemecula.o�cr — and will be available for public viewing at the respective meeting. Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the Commission regarding any item on the agenda, after the posting of the agenda, will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula, 8:00 AM — 5:00 PM). In addition, such material may be accessed on the City's website — www.cityoftemecula.orq — and will be available for public viewing at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the Planning Department at the Temecula Civic Center, (951) 694-6400. 3 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET AUGUST 1, 2012 — 6:00 PM PRELUDE MUSIC: CALL TO ORDER: Flag Salute: Roll Call: ABSENT: Earlene Bundy Commissioner Kight Carey, Guerriero, Harter, Kight, and Telesio HARTER CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Next in Order: Resolution: 12-18 Approve the Action Minutes of July 18, 2012 APPROVED 4-0-1-0; MOTION BY COMMISSIONER TELESIO, SECOND BY COMMISSIONER GUERRIERO; VOTE REFLECTED APPROVAL; HARTER ABSENT PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee. 2 Present the eight community supported recommendations, goals and future actions resulting from the Jefferson Avenue Study Area public visioning process which will set the policy foundation for the future Specific Plan (Long Range Planning Project No. LR10-0014), Katie Innes RECOMMENDED APPROVAL 4-0-1-0 TO PROCEED TO CITY COUNCIL TO REQUEST AUTHORIZATION TO PREPARE A SPECIFIC PLAN THAT IMPLEMENTS THE VISIONING RECOMMENDATIONS AND GOALS; MOTION BY COMMISSIONER CAREY, SECOND BY COMMISSIONER KIGHT; VOTE REFLECTED APPROVAL; HARTER ABSENT 1 RECOMMENDATION: 2.1 Adopt a resolution entitled: PC RESOLUTION NO. 12-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA, UPON THE REVIEW OF THE DRAFT RECOMMENDATIONS AND GOALS RESULTING FROM THE JEFFERSON AVENUE STUDY AREA VISIONING PROCESS (LONG RANGE PLANNING APPLICATION NO. LR10- 0014), RECOMMENDS THAT STAFF PROCEED TO THE CITY COUNCIL TO REQUEST AUTHORIZATION TO PREPARE A SPECIFIC PLAN THAT IMPLEMENTS THE VISIONING RECOMMENDATIONS AND GOALS REPORTS FROM COMMISSIONERS DIRECTOR OF DEVELOPMENT SERVICES REPORT ADJOURNMENT Next regular meeting: Wednesday, September 5, 2012, 6:00 PM City Council Chambers, 41000 Main Street, Temecula, California. 2 CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: Planning Commission FROM: Patrick Richardson, Director of Development Services DATE: September 5, 2012 SUBJECT: Director's Hearing Summary Report Planning Director's Agenda items for April, 2012 Date Case No. Proposal Applicant Action July 26, 2012 PA12-0104 A Minor Conditional Use Permit to allow for an aerobics studio within an existing building in Meadows Village commercial center located at 31795 Rancho California Road, Suite 600 John Clement APPROVED Attachment: Action Agenda ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING July 26, 2012 1:30 P.M. TEMECULA CITY HALL Great Oak Conference Room 41000 Main Street Temecula, CA 92590 CALL TO ORDER: Patrick Richardson, Director of Development Services PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Director of Development Services on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Planning Director about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Planning Director. When you are called to speak, please come forward and state your name and address. Item No. 1 Project Number: Project Type: Project Title: Applicant: Project Description: Location: Environmental Action: Project Planner: ACTION: 1:30 p.m. PA 12-0104 Minor Conditional Use Permit Group X Aerobics John Clement A Minor Conditional Use Permit to allow for an aerobics studio within an existing building in the Meadows Village commercial center 31795 Rancho California Road, Suite 600 CEQA Section 15301, Class 1 Existing Facilities Stuart Fisk APPROVED NOTICE TO THE PUBLIC: The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the Temecula Civic Center located at 41000 Main Street, Temecula after 4:00 p.m. the Friday before the Director's Hearing. At that time, the packet may also be accessed on the City's website at www.cityoftemecula.orq. AnySupplemental Material distributed regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center, 41000 Main Street, Temecula, 8:00 a.m. — 5:00 p.m.). In addition, such material will be made available on the City's website — www.cityoftemecula.orq — and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please contact the Planning Department, (951) 694-6400. C:1Program Files (x86)\Neevia.Com\Document Converter\temp12248.doc DATE OF MEETING: PREPARED BY: PROJECT SUMMARY: RECOMMENDATION: CEQA: STAFF REPORT— PLANNING CITY OF TEMECULA PLANNING COMMISSION September 5, 2012 Matt Peters, Associate Planner Planning Application No. PA12-0032, a Minor Conditional Use Permit for Soro's Mediterranean Grill, a bona fide eating establishment, to upgrade their liquor license from a Type 41 (beer and wine) to a Type 47 (beer, wine and distilled spirits), located at 28464 Old Town Front Street Approve with Conditions Categorically Exempt Section 15301, Class 1 Existing Facilities PROJECT DATA SUMMARY Name of Applicant: General Plan Designation: Zoning Designation: Existing Conditions/ Land Use: Lot Area: Dean Davidson Specific Plan Implementation - SPI Old Town Specific Plan — SP5 (Downtown Core) Site: Existing Restaurant North: South: East: West: Stage Stop Wine and Beer Garden Hitching Post Buildings Greyhound Bus Stop and City Parking Lot Chaparral Center Existing/Proposed 0.37 Acres Total Floor Area/Ratio: N/A Landscape Area/Coverage: N/A Parking Required/Provided: N/A Min/Max Allowable or Required 0.08 Acres (3,500 S.F.) N/A N/A N/A BACKGROUND SUMMARY On February 21, 2012, Dean Davidson submitted Planning Application No. PA12-0032. The application will allow the restaurant to obtain a Type 47 Alcohol License from the California Department of Alcoholic Beverage Control (ABC). This project was originally scheduled for the May 2, 2012 Planning Commission meeting. However, the Riverside County Department of Environmental Health (DEH) commented that the restrooms serving Soro's Restaurant and the rest of the Temecula Stage Stop, including the Wine and Beer Garden, did not have adequate restroom facilities for employees and patrons. City Staff worked with DEH and have included the following Condition of Approval to satisfy all parties: PL -13. An approved unisex restroom will be constructed on Ed Dool's property (Temecula Stage Stop) within two years of issuance of the Conditional Use Permit (PA12-0032) for a Type 47 ABC license for Soro's Mediterranean Grill. This restroom can be used by both employees of Soro's and by its patrons. If the restroom is not constructed to completion within the two-year timeframe, the City will hold a public hearing to revoke the Conditional Use Permit for PA12-0032. 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 currently has a Type 41 ABC License (beer and wine) and 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 Department of Environmental Health provided comments on the project requiring additional restroom facilities, which has been addressed. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on August 23, 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 and site plan. FINDINGS Conditional Use Permit (Section 97.04.090) 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. A Type 47 license is typical for 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. 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 has been reviewed by all City Departments and 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 250 500 Feet / DATE BY •• SS • •® • . a. ®11®.1..1 a..® TRANSFORM 1 1 1 i 1 I 1 1 1 1 • 1 i r EXISTING CANVAS 1 EXISTING 1/\/V'/ BUILDING tai �♦ EXISTING PUBUC PARKING 6993' EXISTING PUBLIC RESTROOMS NOTE: EXISTING FENCES, PAVING + PLANTING TO REMIAN THIS AREA PEDESTRIAN ACCESS AND PLANTING PROP. UNE L.._. •® ®.1_11®1.®..CIS .._.1_..®11_.._..®11®1._11_11MUM 1._.._..CIS .._.. CIO .1_..®.._...S1® Remote 02/21/12 OLD TOWN FRONT STREET SYR v••In SIT= DLA\ B DOMING GL 0 J PATIO DINING BEATING 76 D RAW UP -ADA COMPUANT 4 0181940 STAR I 1 1 1 1 1 4 I 1 i 1 i J 1/8'®1'-O' CONSULTANT SCALE NORM DEQ BY ! DRAWN BY 1 CHECKED BY WDD WDD HOR1ZONTAL us -1.-0' PLANS PREPARED UNCI SIPERVISION GE W, DEAN DAVIDSON DATE UCENSE NO C3112 EXPFE8 09/30/13 IBEALI Iw sto WARREN DEAN DAVIDSON C3112 9/30/13 17.4% OF C\F PROJECT INFORMATION PROJECT DESCRIPTION: PROJECT: ADDRESS: APPLICANT: CONTACT: ARCHITECT: APN: OWNER: OCCUPANCY: ZONING: CONSTRUCTION TYPE NUMBER OF STORIES: BUILDING HEIGHT: STAGE STOP WINE & BEER GARDEN—PHASE 1 EXPANSION 28464 OLD TOWN FRONT STREET TEMECULA, CA 92590 ED DOOL 28464 OLD TOWN FRONT STREET TEMECULA, CA 92590 ED DOOL (951) 302-1708 W.DEAN DAVIDSON 26738 OAKMONT DRIVE MENIFEE, CA 92586 PH & FAX (951) 672-3467 wdeandavidsonOwindowsihre.eom 922-023-022 ED DOOL 28464 OLD TOWN FRONT SINtt! TEMECULA, CA 92590 B SP -5 V—N (NON SPRINKIERED) 1 14' UPGRADE EXISTING TYPE 41 LIQUOR LICENSE TO 1YUPE 47 UTILITIES WATER: RANCHO CAUFORNIA WATER DISTRICT SEWER: RANCHO CALIFORNIA WATER DISTRICT ELECTRIC: SOUTHERN CAUFORNIA EDISON CO. GAS: SOUTHERN CALIFORNIA GAS CO. TELEPHONE VERIZON CODES BUILDING: CALIFORNIA BUILDING CODE (CBC) 2010 ED. ELECTRICAL CALIFORNIA ELECTRICAL CODE (CEC) 2010 ED. PLUMBING: CALIFORNIA PLUMBING CODE (CPC) 2010 ED. MECHANICAL CALIFORNIA MECHANICAL CODE (CMC) 2010 ED. FIRE CALIFORNIA FIRE CODE (CFC) 2010 ED. VICINITY PLAN 0 1-15 TEMECULA VALLEY FREEWAY CC 0 Ls 0 MERCEDES STREET 1 w N ySITE 0' OW TOWN FRONT STREET MURRIETA CREEK NORTH NO THE 6 TH STREET W. DEAN DAVIDSON ARCHITECT—LEED AP 26738 OAKMONT DRIVE SUN CITY, CA 92588 PH f FAX 951-301-5274 CELL 951-445-3303 wdeandavidson.wndowelive.com SITE PLAN SORO'S MEDITERANEAN GRILL 28464 OLD TOWN FRONT STREET TEMC-CULA, CALFORNIA 92590 DRAWING NO. P-1 DISHWASHING SERVICE STORAGE KITCHEN FOOD PREP. TOTAL MEA -524 SF DINING ROOM TOTAL AREA -530 SF SEALING 36 I -- STORAGE DISPLAY BEVERAGE SERVICE AREA=52 SF BAR ENTRY 6 40'-0" FLOOR PLAN -EXISTING BUILDING <REF NORTH SCALE: 1/494-0" DATE 02/21/12 BY REVISIONSWDD BYM CONSULTANT SCALE HORIZONTAL DEQ BY 1 DRAWN BY 1 CHECKED BY WDD WDD 1!4.4-0s PLANE PtEAFED UND3i SIPERVISION OF W. DEAN DAVM LICENSE NO C3112 DATE IBMS 09/30/13 SEAL: 0 ARC, WARREN DEAN DAVIDSON C3112 9/30/13 s 15. OF cALIc 0 e W. DEAN DAVIDSON ARCHITECT-LEED AP 26738 OAKMONT DRIVE SUN CITY, CA 92586 PH + FAX 301-5274 CELL 951-445-3303 wdeandavicleortewildowelive.corn FLOOR PLAN SORO'S MEDITERANEAN GRILL 28464 OLD TOWN FRONT STREET TEMECULA, CAUFORNIA 92590 DRAWING NO. P-2 PC RESOLUTION NO. 12- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA12-0032, A MINOR CONDITIONAL USE PERMIT FOR SORO'S MEDITERRANEAN GRILL, A BONA FIDE EATING ESTABLISHMENT, TO UPGRADE THEIR LIQUOR LICENSE FROM A TYPE 41 (BEER AND WINE) TO A TYPE 47 (BEER, WINE AND DISTILLED SPIRITS) AT 28464 OLD TOWN FRONT STREET (APN 922-023-022) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On February 21, 2012, Dean Davidson filed Planning Application No. PA12-0032, 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 September 5, 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. PA12-0032 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. A Type 47 license is typical for 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. 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 has been reviewed by all City Departments and 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 (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 and site plan. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA12-0032, a Minor Conditional Use Permit to allow an existing restaurant to obtain a Type 47 ABC license located at 28464 Old Town Front Street in 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 5th day of September, 2012. Ron Guerriero, Chairman ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 12- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of September, 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.: PA12-0032 Project Description: A Minor Conditional Use Permit for Soro's Mediterranean Grill, a bona fide eating establishment, to upgrade their liquor license from a Type 41 (beer and wine) to a Type 47 (beer, wine and distilled spirits) located at 28464 Old Town Front Street Assessor's Parcel No.: 922-023-022 MSHCP Category: NA (No New Square Footage/Grading) DIF Category: NA (No New Square Footage) TUMF Category: NA (No New Square Footage) Quimby Category: Exempt (Non -Residential) Approval Date: September 5, 2012 Expiration Date: September 5, 2014 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 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. 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 comply with their Statement of Operations submitted February 21, 2012, on file with the Planning Department, unless superseded by these Conditions of Approval. PL -9. 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 -10. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL -11. 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 -12. The existing trash enclosure servicing the restaurnat must have a solid cover to prevent the comingling of storm water and food waste. Plans for the cover must be reviewed and approved by the City of Temecula. PL -13. An approved unisex restroom will be constructed on Ed Dool's property (Temecula Stage Stop) within two years of issuance of the Conditional Use Permit (PA12-0032) for a Type 47 ABC license for Soro's Mediterranean Grill. This restroom can be used by both employees of Soro's and by its patrons. If the restroom is not constructed to completion within the two-year timeframe, the City will hold a public hearing to revoke the Conditional Use Permit for PA12-0032. POLICE DEPARTMENT General Requirements PD -1. Applicant has applied to upgrade from a type 41 (beer and wine) to a Type 47 On -Sale, General — Eating Place (Restaurant) license, 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 by a Federal, State, County or City agency is acceptable, providing it complies with Section 25660 of the Business and Profession Code (B&P), which includes the following requirements: (a) name of person; (b) date of birth; (c) physical description; (d) photograph; (e) currently valid (not expired). It is the responsibility of the business owner and any person who serves or sells alcohol to be aware of current laws and regulations pertaining to alcoholic beverages. 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) 506-5132. PD -13. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. Case No: Applicant: Proposal: Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: PA 12-0032 Dean Davidson A Minor Conditional Use Permit for Soro's Mediterranean Grill, a bona fide eating establishment, to upgrade their liquor license from a Type 41 (beer and wine) to a Type 47 (beer, wine and distilled spirits) at 28464 Old Town Front Street In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15301, Class 1, Existing Facility) Matt Peters, (951) 694-6408 City of Temecula, Council Chambers September 5, 2012 6:00 PM 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. C:\Program Files (x86)\Neevia.Com\Document Converter\temp\2253.doc