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HomeMy WebLinkAbout101613 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 OCTOBER 16, 2013 — 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: 13 -40 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 October 2, 2013 1 2 Director's Hearing Summary Report RECOMMENDATION: 2.1 Receive and File PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee. 3 Planning Application No. PA13 -0187, a Home Product Review for Belle Maison by Lennar Homes featuring one -and two -story homes on 37 lots, located on the northwest corner of Butterfield Stage Road and Chemin Clinet, Eric Jones RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION NO. 13- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA13 -0187, A HOME PRODUCT REVIEW APPLICATION FOR BELLA MAISON BY LENNAR HOMES FEATURING ONE- AND TWO -STORY HOMES ON 37 LOTS, LOCATED ON THE NORTHWEST CORNER OF BUTTERFIELD STAGE ROAD AND CHEMIN CLINET (TRACT MAP NO. 23103 -2) 4 Planning Application No. PA13 -0165, a Modification to a previously approved Minor Conditional Use Permit for Aftershock Brewery to extend their operating hours to 8 p.m. and to relocate the business to a new suite within the same building, located at 28822 Old Town Front Street, Eric Jones RECOMMENDATION: 4.1 Adopt a resolution entitled: PC RESOLUTION NO. 13- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA13 -0165, A MODIFICATION TO A PREVIOUSLY APPROVED MINOR CONDITIONAL USE 2 PERMIT FOR AFTERSHOCK BREWERY TO EXTEND THEIR OPERATING HOURS TO 1 P.M. TO 8 P.M. FROM THE PREVIOUSLY APPROVED 1 P.M. TO 6 P.M. AND TO RELOCATE THE BUSINESS TO A NEW SUITE WITHIN THE SAME CENTER LOCATED AT 28822 OLD TOWN FRONT STREET (APN 922 -093 -003) REPORTS FROM COMMISSIONERS REPORTS FROM COMMISSION SUBCOMMITTEE(S) DIRECTOR OF COMMUNITY DEVELOPMENT REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, November 6, 2013, 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 packet may also be accessed on the City's website — www.cityoftemecula.orq — 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 OCTOBER 2, 2013 — 6:00 PM PRELUDE MUSIC: CALL TO ORDER: Flag Salute: Roll Call: ABSENT: Earlene Bundy Commissioner Harter Carey, Guerriero, Harter, Kight, and Telesio GUERRIERO Next in Order: Resolution: 13 -35 PRESENTATIONS /PROCLAMATIONS 1 Business Spotlight Recognition Presentation, Optiforms, Christine Damko PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Commission on items that are not listed on the Agenda. Speakers are limited to three minutes each. If you desire to speak to the Commission about an item not on the Agenda, a salmon colored "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary prior to the Commission addressing that item. There is a three - minute time limit for individual speakers. Paul Jacobs, Temecula resident, addressed the Commission CONSENT CALENDAR 2 Minutes RECOMMENDATION: 2.1 Approve the Action Minutes of July 17, 2013 APPROVED 3- 0 -1 -1; MOTION BY COMMISSIONER CAREY, SECOND BY COMMISSIONER HARTER; VOTE REFLECTED APPROVAL; GUERRIERO ABSENT, KIGHT ABSTAINED 3 Director's Hearing Summary Report RECOMMENDATION: 3.1 Receive and File Director's Hearing Summary Report RECEIVE AND FILE 1 COMMISSION BUSINESS 4 Status of the City's participation in the Western Riverside Energy Leadership Partnership, Dale West RECOMMENDATION: 4.1 Receive and File RECEIVE AND FILE PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee. 5 Planning Application Nos. PA13 -0086 and PA12 -0197, a Major Modification to allow a facade redesign, change of exterior color, and construction of an entry lobby area addition to the existing Iglesia Ni Cristo Church building, including an additional Major Modification to replace an existing modular building with a new 3,580 square foot church office building in the same location at 29385 Rancho California Road, Kenny Taylor APPROVED 4- 0 -1 -0; MOTION BY COMMISSIONER KIGHT, SECOND BY COMMISSIONER HARTER; VOTE REFLECTED APPROVAL; GUERRIERO ABSENT 5.1 Adopt a resolution entitled: PC RESOLUTION NO. 13 -35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NOS. PA13 -0086 AND PA12 -0197, A MAJOR MODIFICATION TO ALLOW A FACADE REDESIGN, EXTERIOR CHANGE OF COLOR, AND CONSTRUCTION OF AN ENTRY 1,036 SQUARE FOOT ENTRY LOBBY AREA ADDITION TO THE EXISTING IGLESIA NI CRISTO CHURCH BUILDING, AND A MAJOR MODIFICATION TO REPLACE AN EXISTING MODULAR BUILDING WITH A NEW 3,580 SQUARE FOOT CHURCH OFFICE BUILDING IN THE SAME LOCATION AT 29385 RANCHO CALIFORNIA ROAD (APN 944 - 290 -006) 6 Planning Application Nos. PA11 -0276, a Zone Change to change the zoning from Professional Office to Planned Development Overlay 13 (PDO -13) and to create zoning and residential development standards, PA11 -0277, a Tentative Tract Map to create 57 lots from three existing parcels, and PA11 -0275, a Development Plan to construct a residential project on a 22.73 acre site consisting of a 270 unit condominium complex with associated amenities and 49 age restricted single- family lots, and recommend City Council certify the Environmental Impact Report, the Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations. The project is located 2 at the northeast corner of Pechanga Parkway and Loma Linda Road, Eric Jones APPROVED 3- 1 -1 -0; MOTION BY COMMISSIONER HARTER, SECOND BY COMMISIONER KIGHT; VOTE REFLECTED APPROVAL; TELESIO AGAINST, GUERRIERO ABSENT RECOMMENDATION: 6.1 Adopt a resolution entitled: PC RESOLUTION NO. 13 -36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA11- 0276, A ZONING MAP AMENDMENT TO REVISE THE ZONING DESIGNATION FROM PROFESSIONAL OFFICE (PO) TO PLANNED DEVELOPMENT OVERLAY 13 (PDO -13) ON A 22.73 ACRE SITE, GENERALLY LOCATED ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD" (APN 961 -450 -012, 961 -450 -013, AND 961 -450 -003) 6.2 Adopt a resolution entitled: PC RESOLUTION NO. 13 -37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA11- 0277, A TENTATIVE TRACT MAP TO CREATE 57 LOTS FROM THREE EXISTING PARCELS, GENERALLY LOCATED ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD" (APN 961- 450 -012, 961 -450 -013, AND 961 -450 -003) 6.3 Adopt a resolution entitled: PC RESOLUTION NO. 13 -38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA11- 0275, A DEVELOPMENT PLAN TO CONSTRUCT A RESIDENTIAL PROJECT ON A 22.73 ACRE SITE CONSISTING OF A 270 CONDOMINIUM COMPLEX AND ASSOCIATED AMENITIES AND 49 AGE RESTRICTED SINGLE - FAMILY UNITS, GENERALLY LOCATED ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD" (APNS 961 -450 -012, 961- 450 -013, AND 961 -450 -003) 6.4 Adopt a resolution entitled: 3 PC RESOLUTION NO. 13 -39 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE BELLA LINDA RESIDENTIAL PROJECT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE BELLA LINDA RESIDENTIAL PROJECT, CONSISTING OF APPROXIMATELY 22.73 ACRES, GENERALLY LOCATED ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD" (PA11 -0275, PA11 -0276, PA11 -0277) (APNS 961 -450 -012, 961 -450- 013, AND 961 -450 -003) Paul Jacobs, Temecula resident, addressed the Commission Wayne Hall, Temecula resident, addressed the Commission REPORTS FROM COMMISSIONERS DIRECTOR OF COMMUNITY DEVELOPMENT REPORT ADJOURNMENT Next regular meeting: Wednesday, October 16, 2013, 6:00 PM City Council Chambers, 41000 Main Street, Temecula, California. John Telesio Chairman 4 Patrick Richardson Director of Community Development CITY OF TEMECULA COMMUNITY DEVELOPMENT MEMORANDUM TO: Planning Commission FROM: Patrick Richardson, Director of Community Development DATE: October 16, 2013 SUBJECT: Director's Hearing Summary Report Planning Director's Agenda items for September, 2013 Date Case No. Proposal Applicant Action September 19, 2013 PA12 -0249 A Minor Conditional Use Permit to allow continued operations of RV Ready (RV sales /display) at the former Kia World site at 27500 Jefferson Avenue Howard Parsell APPROVED Attachment: Action Agenda ACTION AGENDA ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING SEPTEMBER 19, 2013 1:30 P.M. TEMECULA CITY HALL Great Oak Conference Room 41000 Main Street Temecula, CA 92590 CALL TO ORDER: Patrick Richardson, Director of Community Development PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Director of Community Development on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Director about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Director. When you are called to speak, please come forward and state your name and address. Item No. 1 Project Number: Project Type: Project Title: Applicant: Project Description: Location: Environmental Action: Project Planner: ACTION: 1:30 p.m. PA 12 -0249 Minor Conditional Use Permit RV Ready Howard Parse!! A Minor Conditional Use Permit to allow continued operations of RV Ready (RV sales /display) at the former Kia World site 27500 Jefferson Avenue Section 15301 Class 1 Existing Facility Kenny Taylor APPROVED NOTICE TO THE PUBLIC The agenda packet (including staff reports) will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 PM the Friday before the Director's Hearing. At that time, the agenda packet may also be accessed on the City's website — www.cityoftemecula.orq— and will be available for public viewing at the respective meeting. Supplemental material received after the posting of the Agenda Any supplemental material distributed 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. r i ITEM 3 j PLAN REDUCTIONS PC RESOLUTION DATE OF MEETING: PREPARED BY: PROJECT SUMMARY: RECOMMENDATION: CEQA: STAFF REPORT— PLANNING CITY OF TEMECULA PLANNING COMMISSION October 16, 2013 Eric Jones, Case Planner Planning Application No. PA13 -0165, a Modification to a previously approved Minor Conditional Use Permit for Aftershock Brewery to extend their operating hours to 1 p.m. to 8 p.m. from the previously approved 1 p.m. to 6 p.m., and to relocate the business to a new suite within the same center located at 28822 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: Marvin Nigh, on behalf of Aftershock Brewery Service Commercial (SC) Service Commercial (SC) Site: Existing Commercial Structure /Service Commercial (SC) North: Existing Commercial Structure /Service Commercial (SC) South: Existing Commercial Structure /Service Commercial (SC) East: Interstate 15, Existing Commercial and Public Institution Structures /Service Commercial (SC), Public Institution (PI) West: Old Town Front Street, Vacant Lot /Service Commercial (SC) Total Floor Area /Ratio: Existinq /Proposed Min /Max Allowable or Required 2.29 Acres 0.92 Acres N/A N/A Landscape Area /Coverage: N/A N/A Parking Required /Provided: N/A N/A C: \Program Files (x86)\Neevia.Com \Document Converter\temp\5283.doc1 BACKGROUND SUMMARY On July 2, 2013 Marvin Nigh, on behalf of Aftershock Brewery, submitted Planning Application No. PA13 -0165, a Modification Application for a previously approved Minor Conditional Use Permit. The modification will allow the business to relocate to a different suite within the same commercial center and extend the previously approved operating hours. 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 Aftershock Brewery is proposing to relocate their existing beer brewing establishment (Type -23 ABC License) to a new suite within the same Service Commercial (SC) center in which they currently operate. The general public will still be able to purchase beer directly from the new location. The business will offer beer tasting so that customers may sample products before making a purchase. Retail /tasting hours will now be extended two hours and will be from 1 p.m. to 8 p.m., seven days a week. The tasting room will total 390 square feet. This amount equates to 15% of the total square footage of the use. Per the Development Code, the Service Commercial designation is intended to provide for retail, intensive commercial, and selected light manufacturing uses. Furthermore, the Development Code states that alcoholic beverage sales in conjunction with an otherwise allowable use are permitted in this zone upon approval of a Conditional Use Permit. Staff has learned from the California Department of Alcoholic Beverage Control (ABC) that a Public Convenience or Necessity application (PCN) will not be necessary for this use. ABC does not take Census Tract information into account when evaluating Type 23 licenses for concentration levels. The only requirement is that a 30 -day posting from ABC is placed on the property prior to the sale of alcohol. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U -T San Diego on October 3, 2013 and mailed to the property owners within a 900 -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. The proposed use will not result in the creation of any new square footage to the structure or changes to the site plan. All construction will be related to interior tenant improvements. FINDINGS Modifications (Development Code Section 17.05.030.E) The proposed conditional use is consistent with the General Plan and the Development Code. The proposed Minor Conditional Use Permit is intended to allow a brewery to provide tastings in conjunction with retail sales. The business is located in an area zoned Service Commercial. Retail uses are permitted within Service Commercial zones. Alcoholic uses are permitted when in conjunction with an allowable use upon approval of a Conditional Use Permit. C: \Program Files (x86) \Neevia.Com \Document Converter\temp15283.doc2 The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed conditional use has been reviewed and appropriately conditioned by Building and Safety, Fire, and the Police Department to ensure it is compatible with the nature, condition, and development of adjacent uses, buildings and structures. Based on the provided Conditions of Approval, the use will not adversely affect the adjacent uses, buildings or structures. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this development code and required by the planning commission or council in order to integrate the use with other uses in the neighborhood. To ensure the use is integrated with other uses in the neighborhood, the conditional use has been reviewed and appropriately conditioned by Public Works, Building and Safety, Fire, and the Police Department. The site 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. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project is in conformance with all requirements of the Development Code, Fire Code, and Building Code. These codes contain provisions that ensure the protection of the public health, safety, and general welfare. The project is not anticipated to have negative impact to the public health, safety, and general welfare. That the decision to approve, conditionally approve, or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission. The decision to conditionally approve the application for a Conditional Use Permit 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 Statement of Operations Notice of Public Hearing C:1Program Files (x86)1Neevia.Com\Document Converterltemp15283.doc3 VICINITY MAP PLAN REDUCTIONS 11A15105I0.Y MR WAC0C CPC OIC C1C VAMOIY (DIM W1WAMFA) moan, 01910E 3* MMR,IOpi NO 31fl1914R458.410MY Iff =YIRA1fA Mif WINO A-W(1 V 3 if.••rW YM.r�rYW r.� 61.1.91.1 Mw 1. a.Mr Mg • U. 156.19149.14r.55.55915.51511•5/155, y Arb^. s w.4tyn YrliTM• Met. woo* II.. atM 4t OW.. Kt" liv..m1V..M...• win ..•rr4)• rM.i Won 5)41 1 lY1iO•a..rsIti"OW .. , 1mm- 90:99r ."... ':a 0.W/ 51.9011 MMi e. a ,M bra .Mi Mr M.l.1.M..1.1 qr.. AA rM • 1951r5. I 11.91.04..0b 5.411•Yr.en.9■65 ,Yi••omos. y...5.pow Naar 1.04149 /0 7 /08 28.22 0 Lo To 2.2. MO Sr. PC RESOLUTION PC RESOLUTION NO. 13- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA13 -0165, A MODIFICATION TO A PREVIOUSLY APPROVED MINOR CONDITIONAL USE PERMIT FOR AFTERSHOCK BREWERY TO EXTEND THEIR OPERATING HOURS TO 1 P.M. TO 8 P.M. FROM THE PREVIOUSLY APPROVED 1 P.M. TO 6 P.M. AND TO RELOCATE THE BUSINESS TO A NEW SUITE WITHIN THE SAME CENTER LOCATED AT 28822 OLD TOWN FRONT STREET (APN 922 - 093 -003) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On July 2, 2013 Marvin Nigh, on behalf of Aftershock Brewery, filed Planning Application No. PA13 -0165, a Modification Application for a previously approved Minor Conditional Use Permit in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on October 16, 2013, 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. PA13 -0165 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Modifications, Development Code Section 17.05.030.E A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The proposed Minor Conditional Use Permit is intended to allow a brewery to provide tastings in conjunction with retail sales. The business is located in an area zoned Service Commercial. Retail uses are permitted within Service Commercial zones. Alcoholic uses are permitted when in conjunction with an allowable use upon approval of a Conditional Use Permit. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures; The proposed conditional use has been reviewed and appropriately conditioned by Building and Safety, Fire, and the Police Department to ensure it is compatible with the nature, condition, and development of adjacent uses, buildings and structures. Based on the provided Conditions of Approval, the 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; To ensure the use is integrated with other uses in the neighborhood, the conditional use has been reviewed and appropriately conditioned by Public Works, Building and Safety, Fire, and the Police Department. The site 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. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The project is in conformance with all requirements of the Development Code, Fire Code, and Building Code. These codes contain provisions that ensure the protection of the public health, safety, and general welfare. The project is not anticipated to have negative impact to the public health, safety, and general welfare. E. That the decision to approve, conditionally approve, or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission. The decision to conditionally approve the application for a Conditional Use Permit 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 proposed use will not result in the creation of any new square footage to the structure or changes to the site plan. All construction will be related to interior tenant improvements. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA13 -0165, a Modification to a previously approved Minor Conditional Use Permit for Aftershock Brewery to extend their operating hours to 1 p.m. to 8 p.m. from the previously approved 1 p.m. to 6 p.m., and to relocate the business to a new suite within the same center located at 28822 Old Town Front Street, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 16th day of October, 2013. John Telesio, 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. 13- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 16th day of October, 2013, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA13 -0165 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 A Modification to a previously approved Minor Conditional Use Permit for Aftershock Brewery to extend their operating hours to 1 p.m. to 8 p.m. from the previously approved 1 p.m. to 6 p.m. and to relocate the business to a new suite within the same center located at 28822 Old Town Front Street 922 -093 -003 Exempt (No New Square Footage /Grading) Exempt (No New Square Footage) Exempt (No New Square Footage) N/A (Non- Residential Project) October 16, 2013 October 16, 2015 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 Fifty Dollars ($50.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48 -hour period the applicant/ developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Wildlife Code Section 711.4(c)). General Requirements PL -2. 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 one year 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 one year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit. PL -5. 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. To ensure compliance with this Condition of Approval: a. Spills and leaks must be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. PL -8. The applicant shall comply with their Statement of Operations submitted on August 30, 2013 file with the Planning Department, unless superseded by these Conditions of Approval. PL -9. The Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL -10. The City, its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify the 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 -11. Hours of operation for the tasting room shall be from 1 p.m. to 8 p.m., Monday through Sunday. PL -12. All Conditions of Approval for PA12 -0009 shall remain in effect unless superseded herein. PL -13. 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 -14. The applicant shall comply with the recommendations set forth by the County of Riverside Department of Environmental Health. BUILDING AND SAFETY DIVISION B -1 All components of the ADA accessibility are to be compliant with the 2010 California Building Code prior to occupancy of the suite. FIRE PREVENTION General Requirements F -1. Final fire and life safety conditions will be addressed when building plans are reviewed by Fire Prevention. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. F -2. Occupancy classification for this facility is a Group 'A' and 'F -2'. The tasting room has an occupancy load of 55 people based on information provided. The manufacturing area is considered an F -1 since the alcohol content is less than 16%. Prior to Issuance of Building Permit(s) F -3. Fire sprinkler plans shall be submitted to Fire Prevention for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. Permit will be required for sprinkler heads to be added into the cooler. Additional heads may be required and /or added due to any obstructions that may be caused due to the tanks. F -4. Fire alarm plans shall be submitted to Fire Prevention for approval. Three sets of alarm plans must be submitted by the installing contractor to Fire Prevention. 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. Notification devices are required in the restrooms and throughout the facility. F -5. Above ground storage tanks will be required. Permits are non - transferable from one building /suite to another. Plans will need to be submitted along with manufacture cut sheets to the fire department for review. Prior to Issuance of Certificate of Occupancy F -6. 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, multi - family residential and industrial 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 six -inch high letters and /or numbers on both the front and rear doors (CFC Chapter 5 and Temecula City Ordinance 15.16.020). F -7. A "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5). POLICE DEPARTMENT General Requirements PD -1. Applicant has applied for or holds a Type 23 License (Small beer manufacturer). A Type 23 license authorizes the sale of beer to any person holding a license authorizing the sale of beer, and to consumers for consumption on or off the manufacturer's licensed premises. Without any additional licenses, [license holder] may sell beer and wine, regardless of source, to consumers for consumption at a bona fide public eating place on the manufacturer's licensed premises or at a bone fide eating place contiguous to the manufacturer's licensed premises. [license holder] May conduct beertastings under specified conditions (see section 23357.3, ABC regulations). Minors are allowed on the premises. Food Service is not required. PD -2. Applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. PD -3. Applicant shall ensure that no alcohol is sold to or consumed by any person under the age of 21. PD -4. Identification will be verified utilizing one of the following: (a) valid California driver's license; (b) valid California identification card; (c) valid military identification card ( active /reserve /retired /dependent); (d) valid driver's license from any of the 50 States or Territories of the United States; (e) valid U.S. Passport; (f) valid government issued identification card issued by a Federal, State, County or City agency. PD -5. As noted above, only 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 -6. Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off sale) that: (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc; and /or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premise includes the parking lot (Section 25601 B &P; 316 PC) . PD -7. 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 -8. Police officers, sheriff's deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer (Sections 25616, 25753, and 25755 B &P; 148 and 241 (b) PC). PD -9. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. The Temecula Police Department provides free training for all employers and employees involved in the service and sales of alcoholic beverages. It is the responsibility of the applicant to set up a training session for all new employees. Contact the Crime Prevention and Plans Unit at (951) 506 -5132 to set up a training date. Training must be completed prior to the grand opening of this business and periodic updated training conducted when new employees/ management are hired. PD -10. Any public telephones located on the exterior of the building shall be placed in a well - lighted, 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 building. PD -11. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506 -5132. STATEMENT OF OPERATIONS STATEMENT OF OPERATIONS FOR: Aftershock Brewing Co. 1. Proposed purpose: Brewing & packaging beer for retail sale & sales to walk in customers. 2. Equipment for brewing beer includes a 7 bbl. mash tun, 15 bbl. boil kettle, (2) 7 bbl. fermenters, grahi mill, conditioning tanks, pumps, hoses, packaging equipment, etc. 3. Hours of operation for tasting room: 1PM — 8PM, seven days per week. 4. Number of employees: 5 --10 5. No private security required 6. Tasting room capacity should be 83 (assembly, standing room only) 7. Parking spaces are not designated. 8. No hazardous materials existing or new 9. Amount of daily trips: 50 10. We wish to relocate to a larger suite in the same complex with the same address, same parcel number (different suite numbers). This suite consists of 2600 sq. ft. The tasting room will be 15% of the total licensed area: 2600 sq. ft. (15% = 390). NOTICE OF PUBLIC HEARING 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: PA13 -0165 Marvin Nigh, on behalf of Aftershock Brewery A Modification to a previously approved Minor Conditional Use Permit for Aftershock Brewery to extend their operating hours to 1 p.m. to 8 p.m. from the previously approved 1 p.m. to 6 p.m. and to relocate the business to a new suite within the same center located at 28822 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 Facilities) Eric Jones, (951) 506 -5115 City of Temecula, Council Chambers October 16, 2013 6:00 p.m. Project Site : The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the City's website — www.cityoftemecula.orq. Any Supplemental Material distributed to a majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m. In addition, such material will be made available on the City's website — www.cityoftemecula.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 call the Planning Department, (951) 694 -6400. C:\Program Files (x86)1Neevia.Com\Document Converterltemp15286.doc