Loading...
HomeMy WebLinkAbout010616 PC Agenda In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting[28 CFR 35.102.35.104 ADA Title II]. AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JANUARY 6, 2016—6:00 PM Next in Order: Resolution: 16-01 CALL TO ORDER: Chairperson Ron Guerriero Flag Salute: Commissioner Turley-Trejo Roll Call: Guerriero, Telesio, Turley-Trejo, Watts, and Youmans Presentation: Recognition of Outgoing Chairperson Lanae Turley-Trejo PUBLIC COMMENTS A total of 15 minutes is provided for members of the public to address the Commission on items that are not listed on the Agenda. Speakers are limited to three minutes each. If you desire to speak to the Commission about an item not on the Agenda, a salmon colored "Request to Speak" form 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 1 Minutes RECOMMENDATION: 1.1 Approve the Action Minutes of December 16, 2015 PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Community Development Department application and must be accompanied by the appropriate filing fee. 2 Planning Application No. PA15-1729, a Conditional Use Permit to allow for the existing Uncle Bob's Sports Bar, a bona fide eating establishment, to provide indoor live entertainment and to upgrade their liquor license from a Type 41 ABC License (On-Sale Beer and Wine) to a Type 47 ABC License (On Sale General-Eating Place), located at 32483 Temecula Parkway, James Atkins RECOMMENDATION: 2.1 Adopt a resolution entitled: PC RESOLUTION NO. 16- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA15-1729, A CONDITIONAL USE PERMIT TO ALLOW FOR THE EXISTING UNCLE BOB'S SPORTS BAR, A BONA FIDE EATING ESTABLISHMENT, TO PROVIDE INDOOR LIVE ENTERTAINMENT AND TO UPGRADE THEIR LIQUOR LICENSE FROM A TYPE 41 ABC LICENSE (ON-SALE BEER AND WINE) TO A TYPE 47 ABC LICENSE (ON SALE GENERAL-EATING PLACE), LOCATED AT 32483 TEMECULA PARKWAY AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 960-020-057) 3 Planning Application Number PA15-1561, a Maior Modification to the existing Gosch Ford Used Car building facade, exterior colors, and to allow for a 958 square foot expansion, located at 28701 Ynez Road, Brandon Rabidou RECOMMENDATION: 3.1 Adopt a resolution entitled: 2 PC RESOLUTION NO. 16- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA15-1561, A MAJOR MODIFICATION TO THE EXISTING GOSCH FORD USED CAR BUILDING TO MODIFY THE BUILDING FACADE, EXTERIOR COLORS, AND TO ALLOW FOR A 958 SQUARE FOOT EXPANSION AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEQA) (APN 921-730-022) REPORTS FROM COMMISSIONERS DIRECTOR OF COMMUNITY DEVELOPMENT REPORT DIRECTOR OF PUBLIC WORKS ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, January 20, 2016, 6:00 PM City Council Chambers, 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The agenda packet(including staff reports)will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula)after 4:00 PM the Friday before the Planning Commission meeting. At that time,the agenda packet may also be accessed on the City's website—www.cityoftemecula.org—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.org—and will be available for public viewing at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the Community Development Department at the Temecula Civic Center, (951)694-6400. 3 ITEM 1 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA DECEMBER 16, 2015—6:00 PM Next in Order: Resolution: 15-35 CALL TO ORDER: Chairperson Lanae Turley-Trejo Flag Salute: Commissioner Youmans OATH OF OFFICE: For Commissioner Gary Watts. Acting City Clerk Gwyn Flores administered the oath of office to Commissioner Gary Watts. Roll Call: Guerriero, Telesio, Turley-Trejo, Watts, and Youmans Staff Attendees: Watson, Garcia, Fisk, Marroquin, West, Jones, Flores, Damko, and Jacobo PRESENTATIONS/PROCLAMATIONS 1 Business Spotlight Recognition Presentation, ADTI Media, Christine Damko CONSENT CALENDAR 2 Minutes RECOMMENDATION: 2.1 Approve the Action Minutes of December 2, 2015 APPROVED 3-0-0-2; MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER TELESIO; AYE VOTES FROM COMMISSIONERS GUERRIERO, TELESIO AND YOUMANS; TURLEY-TREJO AND WATTS ABSTAINED 3 Director's Hearing Summary Report RECOMMENDATION: 3.1 Receive and File Director's Hearing Summary APPROVED 5-0, MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER TELESIO; VOICE VOTE REFLECTED UNANIMOUS APPROVAL 1 COMMISSION BUSINESS 4 Reorganization of the Planning Commission 4.1 a) Select nominations and vote for Chairperson to serve until the last meeting of December, 2016. APPROVED 5-0; COMMISSIONER TELESIO MADE THE MOTION TO APPOINT COMMISSIONER GUERRIERO TO SERVE AS CHAIRPERSON; IT WAS SECONDED BY COMMISSIONER YOUMANS; VOICE VOTE REFLECTED UNANIMOUS APPROVAL 4.2 b) Select nominations and vote for Vice Chairperson to serve until the last meeting of December, 2016. APPROVED 5-0; COMMISSIONER GUERRIERO MADE THE MOTION TO APPOINT COMMISSIONER TELESIO TO SERVE AS VICE-CHAIRPERSON; IT WAS SECONDED BY COMMISSIONER YOUMANS; VOICE VOTE REFLECTED UNANIMOUS APPROVAL 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 Number PA15-0694, a Development Plan application to allow for the construction of a three-story shell building on the northeast corner of Old Town Front Street and 4th Street. The building will total approximately 13,907 square feet, Eric Jones APPROVED 4-0-0-1; MOTION BY COMMISISONER GUERRIERO, SECOND BY COMMISSIONER TELESIO; AYE VOTES FROM COMMISSIONERS GUERRIERO, TELESIO, TURLEY-TREJO, AND WATTS; DUE TO A CONFLICT OF INTEREST, COMMISSIONER YOUMANS RECUSED HIMSELF FROM CONSIDERATION OF THIS ITEM AND REMOVED HIMSELF FROM THE CHAMBERS. RECOMMENDATION: 5.1 Adopt a resolution entitled: PC RESOLUTION NO. 15-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA15-0694, A DEVELOPMENT PLAN APPLICATION TO ALLOW FOR THE CONSTRUCTION OF AN APPROXIMATELY 13,907 SQUARE FEET THREE- STORY SHELL BUILDING ON THE NORTHEAST CORNER OF OLD TOWN FRONT STREET AND 4TH STREET AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN: 922-033-021) 2 6 Planning Application Number LR15-1619, Municipal Code amendment adding Chapter 8.52, Marijuana Cultivation, to the Temecula Municipal Code, Dale West APPROVED 5-0; MOTION BY COMMISSIONER YOUMANS, SECOND BY COMMISSIONER TELESIO; VOICE VOTE REFLECTED UNANIMOUS APPROVAL RECOMMENDATION: 6.1 Adopt a resolution entitled: PC RESOLUTION NO. 15-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 8.52, MARIJUANA CULTIVATION, TO THE TEMECULA MUNICIPAL CODE TO PROHIBIT THE CULTIVATION OF MARIJUANA IN THE CITY, AMENDING THE ZONING ORDINANCE TO PROHIBIT MARIJUANA CULTIVATION IN ALL ZONES, AMENDING THE DEFINITION OF ENFORCEMENT OFFICIAL AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINES, SECTION 15061(B)(3)" REPORTS FROM COMMISSIONERS REPORTS FROM DIRECTOR OF PUBLIC WORKS REPORTS FROM DIRECTOR OF COMMUNITY DEVELOPMENT ADJOURNMENT — 6:53 p.m., Wednesday, December 16, 2015 to a Regular Planning Commission Meeting on January 6, 2016 at 6:00 p.m., City of Temecula, City Council Chamber, 41000 Main Street, Temecula, California. Lanae Turley-Trejo Luke Watson Chairperson Director of Community Development 3 ITEM 2 STAFF REPORT— PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: January 6, 2016 TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Director of Community Development PREPARED BY: James Atkins, Case Planner PROJECT Planning Application No. PA15-1729, a Conditional Use Permit to SUMMARY: allow for the existing Uncle Bob's Sports Bar, a bona fide eating establishment, to provide indoor live entertainment and to upgrade their liquor license from a Type 41 ABC License (On-Sale Beer and Wine) to a Type 47 ABC License (On Sale General-Eating Place), located at 32483 Temecula Parkway RECOMMENDATION: Adopt a Resolution approving the project subject to Conditions of Approval CEQA: Categorically Exempt Section 15301, Class 1, Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Robert Craig General Plan Highway Tourism (HT) Designation: Zoning Designation: Specific Plan 10 —Vail Ranch Existing Conditions/ Land Use: Site: Existing commercial building North: Existing commercial building South: Existing commercial building East: Existing commercial building West: Existing commercial building Existing/Proposed Min/Max Allowable or Required Lot Area: 0.06 Acres N/A Total Floor Area/Ratio: 2,570 Square Feet N/A Landscape Area/Coverage: N/A N/A 1 Parking Required/Provided: N/A There is currently a shared parking agreement in place for the entire center. BACKGROUND SUMMARY On November 17, 2015, Robert Craig submitted Planning Application No. PA15-1729, a Conditional Use Permit for Uncle Bob's Sports Bar to allow for indoor live entertainment and to acquire a Type 47 ABC License. This acquisition will allow the applicant to expand service in order to meet the requests of restaurant patrons seeking distilled spirits, and to stay competitive with surrounding eating establishments that currently possess a similar license. Currently the establishment operates under a Type 41 license which limits their sales to beer and wine. However, due to the increasing number of eating establishments locating within the Vail Ranch Specific Plan area, the applicant believes that in order to remain competitive with other surrounding eating establishments he also needs to offer distilled spirits. Therefore, Uncle Bob's Sports Bar is requesting to upgrade to a Type 47 ABC License (On Sale General — Eating Place) liquor license at 32483 Temecula Parkway. 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 Uncle Bob's Sports Bar is an existing 2,750-square-foot restaurant located in the Vail Ranch Specific Plan area. The applicant is proposing to upgrade their existing Type 41 ABC License (On Sale Beer & Wine — Public Premises) to a Type 47 (On Sale General — Eating Place) license. No new additional floor area is proposed beyond the existing floor area. Currently Uncle Bob's Sports Bar provides a full menu of food types as well as select beers and wines. Operating hours are 11:00 a.m. to 11:00 p.m. on weekdays, and 11:00 a.m. to 2:00 a.m. on weekends. Live entertainment in the form of trivia nights and live bands are requested with the approval of the CUP. Live entertainment will not be conducted on a regular basis; however, it is anticipated to be between 8:00 p.m. and 10:00 p.m. Monday through Thursday, and 8:00 p.m. and 1:00 a.m. Friday through Sunday. Currently the restaurant employs from 15 to 25 employees and there is no anticipated need to add employees with the upgraded license. Staff has confirmed with the California Department of Alcoholic Beverage Control (ABC) that the Planning Commission does not make the finding of Public Convenience or Necessity application (PCN) for restaurants. ABC will process the findings of Public Convenience or Necessity upon approval of the Conditional Use Permit after the license application process has been initiated. The applicant must state their case in support of the PCN to ABC rather than to the local jurisdiction in the request of upgrading the existing Type 41 license to a Type 47 ABC license for a bona fide eating establishment. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U-T San Diego on December 26, 2015 and mailed to the property owners within 600-foot radius. 2 ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1 Existing Facilities). The request for a Conditional Use Permit for indoor live entertainment and a Type 47 ABC License (On Sale General — Eating Place) at Uncle Bob's Sports Bar will be conducted in an existing restaurant. All access and public utilities are available to the site. The proposed use, with issuance of a Conditional Use Permit, is in conformance with all zoning requirements of the Development Code. FINDINGS Conditional Use Permit (Development Code Section 17.04.010.E) The proposed conditional use is consistent with the General Plan and the Development Code. Uncle Bob's Sports Bar operates as a full-service restaurant with the primary purpose of offering a full menu of food items with select wines and beers, and the proposed expanded liquor license and live indoor entertainment. The proposed use is consistent with the City of Temecula General Plan which specifies Highway Tourism (HT) for this site, and allows for restaurants and other service oriented businesses. The sale of distilled spirits would serve as an incidental use to the establishment operations. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. Uncle Bob's Sports Bar is an existing restaurant within the Vail Ranch Specific Plan area. As conditioned, the proposed uses are compatible with the nature, condition and development of adjacent uses, buildings and structures, and the proposed conditional uses 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 indoor live entertainment and a Type 47 ABC License (Special On Sale General — Eating Place) at an existing commercial building location. The site will remain unchanged in size and shape to accommodate the uses prescribed in the Development Code as required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project meets all requirements of the Fire Code, the Building Code, Development Code and General Plan which provided safeguards for the health, safety and general welfare of the 3 community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. That the decision to conditionally approve or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. The decision to conditionally approve the application for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Planning Commission. ATTACHMENTS Vicinity Map Site Plan Resolution Exhibit A - Draft Conditions of Approval Statement of Operations Notice of Public Hearing 4 VICINITY MAP City of Temecula PA 15- 1729 O v� CASTANA DR P� N �CPMPP F°� A o GO F� 2 <9 W O A Z ti o RGJp,GSC U Q Z Ln M Q CPN � GOR 7,m DE��CP GPBg\PN 7 �� Y 0 AyZ� � P nA < O� GRG S, � Cts PUER�G O 10 A O O 2 �O C�A n� Project Site v� G�E�° 10, -13 �O N �G n 99, C�EgK°� WUJ GAIL DR 0 500 1,000 Feet Alk 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 ' Departm entand the Transportation and Land Management Agency of Riverside �... County.The City of Temecula assumes no warranty or legal responsibility for the NORTH 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. Geographic Information Systems SITE PLAN I^, 17. P '4Z I -.� IF 1 � +..w... R " •' Lr�.� k I I Ld*- J,_�I iI" r — 4.� f � _ � I t ' ra•: 1 -moi I - ' lrl Mr. M1G E An�4 4 1 L.L eri n. I ' .I'_ .-_ �'I�r.� - -- r ..- • ---+ — -- -T� j w±�ws j rg 1, i y N'rw n 4 4 "� ,_..� I a'�•�� S� �!'_. �1 L :`"""''_"'G�� 1_ I i1 I -� _. � r���a�I° � +,�-�� _�,n. lu I � I f'_�",—� � • _, � I III - F,_ ._ i I 1-.! r ! �� _�, ._ 1, • � �..��.�, I r;l icy I i I t• I p I I I -. • �9 .. 1 k� F 1:a i � 1 AM frne5i Y' I -a _.- " � - � k .w�..-_-.. � • oo d :sur J �� _ I I� NO IIJI J1 1 � 41m P t if IP i �_I CC I Rif I.T.- ...� �_ P� t .� ro _. $• GAME zlC. IE Pi _ LAE _ - 0 .0� 1 ----4 —, .1, 00 0 DEMO PLAN rI&C _ ..._, s' r- - FLOOR PLAN NOTES C-1 -I ���Y�a�-wnwf'N'.� FNiI SIDE YO fi/AUK CCIIING � +91lYitl. /� � M6 HOOD SIgS 0 16 O.C.NiM 5/fl`bl9 BUWO "V IM �/ —EACH SIDE f0 E'IBP�f^.EI— wry PATIO SEATING "������K.�.�ivt'�.-.� zea yoDu suns o In'a.e nm�'Em Wawa a �{ ,Alm"-e�FsaW� ECh SNE t0"Y\F•,1M IILF m �.-..TI �� �.� '1_ ^��'�1.• �yIJP,�N�t,at�yD SQUARE FOOTAGE: d�.t �y}'I � y....err �m .w.su ',W"'P•�^�•j� Rab �•O�i� 1ftOca MV Ir3f y • .•o..•,..�.,..,m�r.... cril!irraEaErf �fl,lu�,,� �t�. _ DOO SGHEDULE W j r } -W- n1== nom,� 0 � iJ �, I WINDOW SCHEDULE "~" 'YS:S+N:CQ4�'.R'PMN�fICM i5L26��Jl1Mb 11M RCMARKS � r ��L PC RESOLUTION PC RESOLUTION NO. 16- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA15-1729, A CONDITIONAL USE PERMIT TO ALLOW FOR THE EXISTING UNCLE BOB'S SPORTS BAR, A BONA FIDE EATING ESTABLISHMENT, TO PROVIDE INDOOR LIVE ENTERTAINMENT AND TO UPGRADE THEIR LIQUOR LICENSE FROM A TYPE 41 ABC LICENSE (ON-SALE BEER AND WINE) TO A TYPE 47 ABC LICENSE (ON SALE GENERAL-EATING PLACE), LOCATED AT 32483 TEMECULA PARKWAY AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 960-020-057) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On November 17, 2015, Robert Craig filed Planning Applications No. PA15-0374 a 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 January 6, 2016, 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. PA15-1729, subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Conditional Use Permit, Development Code Section 17.04.010.E A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; Uncle Bob's Sports Bar operates as a full-service restaurant with the primary purpose of offering a full menu of food items with select wines and beers, and the proposed expanded liquor license and live indoor entertainment. The proposed use is consistent with the City of Temecula General Plan which specifies Highway Tourism (HT) designation for this site, and allows for restaurants and other service oriented businesses. The sale of distilled spirits would serve as an incidental use to the establishment operations. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures; Uncle Bob's Sports Bar is an existing restaurant within the Vail Ranch Specific Plan area. As conditioned, the proposed uses are compatible with the nature, condition and development of adjacent uses, buildings and structures, and the proposed conditional uses 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 indoor live entertainment and a Type 47 ABC License (Special On Sale General — Eating Place) at an existing commercial building location. The site will remain unchanged in size and shape to accommodate the uses prescribed in the Development Code as required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed conditional uses are not detrimental to the health, safety and general welfare of the community; The project meets all requirements of the Fire Code, the Building Code, Development Code and General Plan which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. E. That the decision to conditionally approve or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal; The decision to conditionally approve the application for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Planning Commission. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Minor Modification: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Existing Facilities); The request for a Conditional Use Permit for indoor live entertainment and a Type 47 ABC License (On Sale General — Eating Place) at Uncle Bob's Sports Bar will be conducted in an existing restaurant. All access and public utilities are available to the site. The proposed use, with issuance of a Conditional Use Permit, is in conformance with all zoning requirements of the Development Code. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application PA15-1729, a Conditional Use Permit to allow for the existing Uncle Bob's Sports Bar, a bona fide eating establishment, to provide indoor live entertainment and to upgrade their liquor license from a Type 41 ABC License (On-Sale Beer and Wine) to a Type 47 ABC License (On Sale General-Eating Place), located at 32483 Temecula Parkway, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 6th day of January, 2016. Ron Guerriero, Chairman ATTEST: Luke Watson Director of Community Development Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 16- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 6th day of January, 2016, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson Director of Community Development Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA15-1729 Project Description: Uncle Bob's Sports Bar CUP: a Conditional Use Permit to allow for Uncle Bob's Sports Bar to acquire a Type 47 Liquor License and provide live entertainment 7 nights a week. This is an existing establishment which is currently operating under a Type 41 Beer and Wine license. The site is located at 32483 Temecula Parkway. Assessor's Parcel No.: 960-020-057 MSHCP Category: N/A(No new construction) DIF Category: N/A TUMF Category: N/A Quimby Category: N/A Approval Date: January 6, 2016 Expiration Date: January 6, 2018 PLANNING DIVISION General Requirements 1. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City 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. 2. Expiration. 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 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. 3. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to three (3) one-year extensions of time, one year at a time. 4. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 10. 5. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 6. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 7. Statement of Operations. The applicant shall comply with their Statement of Operations dated November 17, 2015 , on file with the Planning Division, unless superseded by these Conditions of Approval. 8. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 9. City Review and Modification of CUP. The City, its Director of Community Development, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Director of Community Development, Planning Commission and City Council is in addition to, and not in-lieu of, the right of the City, its Director of Community Development, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. 10. Posting of Local Transportation Providers. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce at (951) 676-5090. 11. Compliance with City Noise Ordinance. The project shall operate in conformance with all requirements and regulations of Chapter 9.20 (Noise) of the Temecula Municipal Code. 12. Indoor Live Entertainment Hours. Indoor live entertainment shall be permitted Monday through Thursday evenings between the hours of 8:00 p.m. and 11:00 p.m.; and, Friday through Sunday evenings between the hours of 8:00 p.m. and 1:00 a.m. 13. Live Entertainment. All live entertainment that includes live bands, live DJ's, and/or live amplified music, is restricted to indoor venues and must be contained where all windows and doors that access the exterior, are closed during operations. FIRE PREVENTION General Requirements 14. Fire Requirement. The fire department has no conditions of approval to be placed on the change in liquor license or hours of operation. These changes are approved by the fire department. POLICE DEPARTMENT General Requirements 15. Type 47 License. The applicant has applied for a Type 47 On-Sale General — Eating Place (Restaurant) which authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises and authorizes the sale of beer and wine for consumption off the licensed premises. Applicant must operate and maintain the licensed premises as a bona fide eating place. Minors are allowed on the premises. 16. Consumption of Alcoholic Beverages in Public Prohibited. The applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. 17. Ensure No Alcohol Sold or Consumed by Person Under the Age of 21. The applicant shall ensure that no alcohol is sold to or consumed by any person under the age of 21. 18. Identification Verification. Identification will be verified utilizing one of the following: (a) valid California driver's license; (b) valid California identification card; (c) valid military identification card (active/reserve/retired/dependent); (d) valid driver's license from any of the 50 States or Territories of the United States; (e) valid U.S. Passport; (f) valid government issued identification card issued by a Federal, State, County or City agency. 19. Acceptable Forms of Identification. As noted above, only a valid government issued identification card issued by a Federal, State, County or City agency is acceptable, providing it complies with Section 25660 of the Business and Profession Code (B&P), which includes the following requirements: (a) name of person; (b) date of birth; (c) physical description; (d) photograph; (e) currently valid (not expired). It is the responsibility of the business owner and any person who serves or sells alcohol to be aware of current laws and regulations pertaining to alcoholic beverages. 20. 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. 21. Maintain Premises as a Bona Fide Eating Place. Type 41, 47 and 49 licensees must operate and maintain their licensed premises as a bona fide eating place. They must make actual and substantial sale of meals, during the normal meal hours that they are open, at least five days a week. Normal meal hours are: breakfast 6:00 a.m. — 9:00 a.m., lunch 11:00 a.m. — 2:00 p.m., and dinner 6:00 p.m. — 9:00 p.m. Premises that are not open five days a week must serve meals on the days they are open. The premises must be equipped and maintained in good faith. This means the premises must possess working refrigeration and cooking devices, pots, pans, utensils, table service, condiment dispensers, menus, posters, signs, and enough goods to make substantial meals. The premises must comply with all regulations of the local health department. Incidental, sporadic or infrequent sales of meals or a mere offering of meals without actual sales is not compliance. "Meals" means the usual assortment of food commonly ordered at various hours of the day. The service of only sandwiches or salads is not considered compliance. However, certain specialty entrees, such as pizza, fish or ribs, and an assortment of other foods, such as soups, salads or desserts, may be considered a meal. The Department will presume that a licensee is operating as a bona fide eating place if the gross sales of food prepared and sold to guests on the premises exceeds the gross sales of alcoholic beverages. "Prepared" means any processing preliminary to the final serving of food. (Note: Some licensees have a "conditional" license that requires food sales to be 50% or more of the total gross sales Sections 23038 and 23787 B&P). 22. No Alcohol Sales Between 2:00 am and 6:00 am. Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. Section 25631 B&P Code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00 a.m. Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter that the law. Those licenses are marked "Conditional" (23805 B&P). 23. Inspections. Police officers, sheriff's deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer (Sections 25616, 25753, and 25755 B&P; 148 and 241 (b) PC). 24. Disorderly House. Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off sale) that: (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc; and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premise includes the parking lot (Section 25601 B&P; 316 PC). 25. Employee Training for Identification Checks. The applicant shall ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. The Temecula Police Department provides free training for all employers and employees involved in the service and sales of alcoholic beverages. It is the responsibility of the applicant to set up a training session for all new employees. Contact the Crime Prevention and Plans Unit at (951) 506-5132 to set up a training date. Training must be completed prior to the grand opening of this business and periodic updated training when new employees/ management are hired. 26. Entertainment Rules. On-sale licensees who offer entertainment must abide by the following rules: (1) No licensee shall permit any person to perform acts of or acts which simulate; (a) sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law; (b) the touching, caressing or fondling on the breast, buttocks, anus or genitals; (c) the displaying of the pubic hair, anus, vulva or genitals; and (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of her or her genitals or anus (Rule 143.3 CCR. Also violates Section 311.6 PC if conduct is "obscene," e.g. intercourse, sodomy, masturbation, etc.) 27. Under Number of Calls for Service. Licensees may not permit their licensed premises to be a problem for the local law enforcement agency by needing an undue number of calls for service. The licensed premise includes the parking lot (Sections 24200 (a) (B&P). 28. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. STATEMENT OF OPERATIONS UNCLE BOB'S SPORTS BAR & GRILL 32483 Temecula Pkwy, Suite E-112 &E-113 Temecula, Ca 92592 STATEMENT OF OPERATIONS Uncle Bob's Sports Bar and Grill is a full service restaurant with a U-shaped bar. We have 19 beers on tap, and plan to serve spirits. We will be open 7 days a week. During the week (Monday through Thursday)we will be open from Ilam to 12pm. On the weekends (Friday through Sunday) we will be open from l lam to tam. The majority of the time we will close around 12:30am on weekends. We employ approximately 15 to 25 people. The restaurant will have a security camera system that covers most all angles inside and outside the building. If warranted,we will also have a security staff at the restaurant for busy nights. Our maximum occupancy in the two suites is 130 (including patio). There will be no parking spaces eliminated from the day-to-day operations of Uncle Bob's. Uncle Bob's will have a full food menu as required by the Alcohol Beverage Control (ABC). Uncle Bob's currently operates under a type 41 Beer&Wine license. Uncle Bob's will be periodically providing live entertainment during the hours of 8pm to llpm M-Th and 8pm to lam Fri- Sun. There are no set days of the week or specific types of entertainment,but we anticipate it to range from live trivia to musical bands. Uncle Bob's will be completely ADA and ABC compliant. STATEMENT OF JUSTIFICATION Uncle Bob's Sports Bar and Grill's suites are suitable and adequate to run as a sports bar with a full kitchen. We currently are operating under a type 41 Beer&Wine license. We have already been through all of the required approval processes of the ABC in order to receive our type 47 license. The only remaining outstanding item is obtaining a CUP from the City of Temecula. Uncle Bob's will not affect the current traffic flow of the center,or of the major parkway that it is located on. Uncle Bob's fits well with the over all theme of the previously approved center. Uncle Bob's will not have any adverse impact on the people residing in the community or nearby neighborhoods. Uncle Bob's is compatible with its surroundings being that there are other successful restaurants in the center providing similar services. NOTICE OF PUBLIC HEARING Notice of Public Hearing .......... 1989 A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No: PA15-1729 Applicant: Robert Craig Proposal: A Conditional Use Permit to allow for the existing Uncle Bob's Sports Bar, a bona fide eating establishment, to provide indoor live entertainment and to upgrade their liquor license from a Type 41 ABC License (On-Sale Beer and Wine) to a Type 47 ABC License (On Sale General-Eating Place), located at 32483 Temecula Parkway. Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15301, Class 1, Existing Facilities) Case Planner: James Atkins, (951) 240-4206 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: January 6, 2016 Time of Hearing: 6:00 p.m. m Ln 0 �E��G��P PKY G Gm 2° c� v� �O a Project Site 0 25C 500 Fee 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.citvoftemecula.org. 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.org — 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. ITEM 3 STAFF REPORT— PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: January 06, 2016 TO: Luke Watson, Director of Community Development FROM: Brandon Rabidou, Assistant Planner PROJECT Planning Application Number PA15-1561, a Major Modification to SUMMARY: the existing Gosch Ford Used Car building to modify the building facade, exterior colors, and to allow for a 958 square foot expansion. The project is located at 28701 Ynez Road. RECOMMENDATION: Adopt a Resolution approving the project subject to the Conditions of Approval CEQA: Categorically Exempt Section 15315, Class 15, Additions to Existing Structures PROJECT DATA SUMMARY Name of Applicant: Gary Walker General Plan Service Commercial (SC) Designation: Zoning Designation: Service Commercial (SC) Existing Conditions/ Land Use: Site: Service Commercial (SC) - Auto Dealership North: Service Commercial (SC) - Gosch Ford New Car Sales South: Service Commercial (SC) - Hine Mazda/Subaru East: Community Commercial (CC) - Bluewater Grill West: Service Commercial (SC) - Gosch Ford Additional Vehicle Storage Existing/Proposed Min/Max Allowable or Required Lot Area: 110,642 square feet 40,000 square feet (0.91 acres) (2.54 acres) Total Floor Area/Ratio: 0.025 FAR proposed 0.30 FAR target Landscape Area/Coverage: N/A N/A Parking Required/Provided: 44 spaces 42 spaces CAPROGRAM FILES(X86)\NEEVIA.COM\DOCCONVERTERPRO\TEMP\NVDC\9B160426-EOF8-4BAO-9BOB-F63BD10ADBBD\11603.DOCX BACKGROUND SUMMARY On August 1, 1994, the Planning Commission approved a Conditional Use Permit to allow for the development of a 43,500 square foot new car dealership at 26895 Ynez Road. In 1999, an 110,612 square foot expansion of the dealership was approved, which included a 2,854 square foot (1,622 square feet of office and 1,232 square feet of canopy) truck and used car building located at 28701 Ynez Road. On October 16, 2015, Gary Walker submitted a Major Modification to the existing Gosch Ford Used Car building to modify the building facade, exterior colors, and to allow for a 958 square foot expansion. The project is located at 28701 Ynez Road. The applicant requests color and facade changes to update the dealership to the latest Ford corporate standards. An addition of 958 square feet is proposed to meet the increased office space needs of the dealership. 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 project is located on a developed lot located at 28701 Ynez Road. As proposed, the project will add 958 square feet of office space under the existing canopy of the building. At completion, a floor area ratio (FAR) of 0.025 is anticipated. This is within the .30 FAR target permitted in the Service Commercial (SC) zone and Service Commercial (SC) General Plan land use designation. Expansion of the sales office will require a minimum of 42 parking spaces. Forty-four parking spaces are provided on the existing site and proposed site plan. Minor rehabilitation of existing site features, including Americans with Disabilities Act striping and customer/employee parking spot identification will occur. Floor Plan Various changes are proposed for the interior floor plan. The existing and proposed configurations include: Existing Proposed 5 sales offices 8 sales offices 2 sales manager offices 3 sales manager offices 1 fleet manager office 1 fleet manager office No IT office 1 IT office These changes will allow for the dealership to continue serving customers in an improved facility. Architecture The existing architecture is best described as "eclectic modern," as many of the design elements are taken from various time periods with a modern design influence. The proposed CAPROGRAM FILES(X86)\NEEVIA.COM\DOCCONVERTERPRO\TEMP\NVDC\9B160426-EOF8-4BAO-9BOB-F63BD10ADBBD\11603.DOCX changes would significantly alter the architecture to a contemporary stucco finish that is durable and easy to maintain. The applicant has stated that the architectural changes are in line with expectations set by Ford's corporate standards. Two main colors will dominate the exterior. The proposed colors include: Manufacturer Color Name Color Code Glidden Universal Grey A2004 Glidden Granite Grey A2005 The darker color, Granite Grey, will be featured on the lower portions of the building. Universal Grey, the lighter color, will complement the Granite Grey on the upper portions of the building. Other colors utilized include a tinted glass, and black anodized frame for the windows and door frames. Landscaping No landscaping changes are proposed. Signage Signage will be reviewed and permitted by staff under a separate permit in accordance with the Sign Standards chapter of the Temecula Municipal Code (Code Section 17.28.010). LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U-T San Diego on December 23, 2015 and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act (CEQA), the proposed project has been deemed to be categorically exempt from further environmental review (Section 15315, Class 15, Additions to Existing Structures). The proposed project will add 958 square feet of addition office space within the existing structure's floor area. The project is consistent with the applicable General Plan and zoning designations and policies. The site is primarily developed with service from all required utilities and public services. The proposed project meets the CEQA exemption criteria, therefore no further environmental review is necessary. FINDINGS Modification (Code Section 17.05.010.F) 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. CAPROGRAM FILES(X86)\NEEVIA.COM\DOCCONVERTERPRO\TEMP\NVDC\9B160426-EOF8-4BAO-9BOB-F63BD10ADBBD\11603.DOCX With a Conditional Use Permit, automotive sales (with outdoor sales) are an allowable use within the Service Commercial zone. Therefore the use will be consistent with the General Plan for Temecula as well as the requirements for State law and other Ordinances of the City. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The project has been reviewed and conditioned to ensure conformance with the Development, Building, and Fire codes. These codes contain provisions designed to ensure the protection of the public health, safety, and general welfare. ATTACHMENTS Vicinity Map Plan Reductions PC Resolution- Major Modification Exhibit A - Draft Conditions of Approval Notice of Public Hearing CAPROGRAM FILES(X86)\NEEVIA.COM\DOCCONVERTERPRO\TEMP\NVDC\9B160426-EOF8-4BAO-9BOB-F63BD10ADBBD\11603.DOCX VICINITY MAP P� G� Project Site �5�y GPS ND 2 �G N, TERN NT �Q 0 250 500 1,000 /7-0 Feet PLAN REDUCTIONS FIRE DEPT NOTES PROJECT INFORMATION VICINITY MAP DENNIS).FLYNN "'°""�"•""" ARCHITECTS,INC. 1 w � t ui� Ell 3gg O Ix �.. 0 w A: U dr 00 0 1— f 0 Ak 02 fn To - - - - - - -- . _ � 1ti SITE PLAN 40 eiacw A1.0 DFNd-----------'- -------- --- I: I-- - ------- - DENNIS J.FLYNN ARCHITECTS,INC. 13 � � - � I ■ �A I � -J� 4w son�mw mc LL -' A Z EXISTING FLOOR PLAN Q9PRC7FOSED FLOOR PLAN Z 0 -- x ? 1 , pyo Z Q NORTH NORTH -i Q '� Q za r Q Q Q Q HV3 W CM :..m C 7 1 wa 0 o 1� O souTN E QiEvaiaN Q Q , > Ea T EIEVPTMIN NR{}RrIVA1fL �s�nuxirt ensu .Y. ��,uuvrs wn, oro w'� �. O Wf 4!lA9pM � p N9.REIRA}Y1Y � Li fulLi Iw�Yr�r ann EXISTING EXTERIOR ELEVATIONS PROPOSED EXTERIOR ELEVATIONS 43 A2.0 x HI JXNPAS J.FLYNN ARCHITECTS.INC � x PLAN 3arl revZ . C9 ROOF WW�$3j Z NORTHZE5 J Q�,$ 0 Z 00111 1 oa m a a o u G M la a � o° is 00 a1 Q � A3.0 2 70, ' Gosc .. DENNIS J.FLYNN ARCHITECTS,INC. aT I lv I s.g w.d.. q cs EAST ELEVATION �..�� z_ U) WEST ELEVATION —iQ� ? zE5{_F J Q o O s# > > 1 C.1 W IE W 0 :30 �. mo ul 00 qiD SOUTH ELEVATION NORTH ELEVATION Q 0 COLORED ELEVATIONS � p = 3 0 0 GLASS AND CURTAIN f^ YMLLISTOREFRONT FRAME PAINT �PAINT V EXTERIOR FINISH SCHEDULE 2 A4.0 PC RESOLUTION - MAJOR MODIFICATION PC RESOLUTION NO. 16- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA15-1561, A MAJOR MODIFICATION TO THE EXISTING GOSCH FORD USED CAR BUILDING TO MODIFY THE BUILDING FACADE, EXTERIOR COLORS, AND TO ALLOW FOR A 958 SQUARE FOOT EXPANSION AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 921-730-022) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On August 1, 1994, the Planning Commission approved Planning Application No. PA94-0048, a Conditional Use Permit for an auto dealership. B. On December 23, 1999, the Planning Director approved a Modification to the Conditional Use Permit for the auto dealership. C. On October 16, 2015, Gary Walker filed Planning Application No. PA15- 1561 a Major Modification Application in a manner in accord with the City of Temecula General Plan and Development Code. D. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. E. The Planning Commission, at a regular meeting, considered the Application and environmental review on January 6, 2016, 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. F. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA15-1561 subject to and based upon the findings set forth hereunder. G. 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: Modification, Development Code 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; CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\EF93421 D-5CEE-46DD-B32F-43C3568A24C3\11617.docx Auto sales, as conditioned, are an allowable use with the Service Commercial zone, and Service Commercial General Plan designation. Therefore the use is consistent with the General Plan for the City of Temecula as well as the requirements for State law and other Ordinances of the City. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The project has been reviewed and conditioned to ensure conformance with the Development, Building, and Fire codes. These codes contain provisions designed to ensure the protection of the public health, safety, and general 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 15301, Class 1, Additions to Existing Structures); 1. The project meets all General Plan and Zoning policies and regulations. The project is an addition to an existing structure that will not result in an increase of more than a 50 percent to the floor area of the existing structures before the addition. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA15-1561, a Major Modification to the existing Gosch For Used Car building subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\EF93421 D-5CEE-46DD-B32F-43C3568A24C3\11617.docx Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 6th day of January 2016. Ron Guerriero, Chairman ATTEST: Luke Watson Director of Community Development Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 16- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 6th day of January 2016, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson Director of Community Development Secretary CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\EF93421 D-5CEE-46DD-B32F-43C3568A24C3\11617.docx EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA 15-1561 Project Description: A Major Modification to the existing Gosch Ford Used Car building to modify the building fagade, exterior colors, and to allow for a 958 square foot expansion at 28701 Ynez Road Assessor's Parcel No.: 921-730-022 MSHCP Category: Exemption: Development on previously approved area DIF Category: Retail Commercial TUMF Category: Retail Commercial Quimby Category: N/A (non-residential) Approval Date: January 06, 2016 Expiration Date: January 06, 2018 PLANNING DIVISION General Requirements 1. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City 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. 2. Expiration. 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, or use of a property in conformance with a Conditional Use Permit. 3. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to three (3) one-year extensions of time, one year at a time. 4. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 5. Signage Permits. A separate building permit shall be required for all signage. 6. Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development 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. 7. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment, walls, or other structures. 8. Materials and Colors. 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 City staffs 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. The approved finishes are: Paint: Universal Grey,A2004, Glidden Paint: Granite Grey,A2005, Glidden Frame Color: Black Anodized Glass Tint: PPG Solarban 60 (to match existing tint) 9. Property Maintenance. All parkways, including within the right-of-way, entryway median, landscaping,walls,fencing, recreational facilities, and on-site lighting shall be maintained by the property owner or maintenance association. Prior to Issuance of Building Permit 10. Transportation Uniform Mitigation Fee (TUMF). The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance. The fees are subject to the provisions of Chapter 15.08 of the Temecula Municipal Code and the fee schedule in effect at the time of building permit issuance. BUILDING AND SAFETY DIVISION General Requirements 11. Compliance with Code. All design components shall comply with applicable provisions of the 2013 edition of the California Building, Plumbing and Mechanical Codes; 2013 California Electrical Code; California Administrative Code, 2013 California Energy Codes, 2013 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. 12. ADA Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. All ground floor units to be adaptable. b. Disabled access from the public way to the main entrance of the building. c. Van accessible parking located as close as possible to the main entry. d. Path of accessibility from parking to furthest point of improvement. e. Path of travel from public right-of-way to all public areas on site, such as club house, trash enclose tot lots and picnic areas. 13. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. 14. Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley Unified School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 15. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 16. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. 17. Demolition. Demolition permits require separate approvals and permits. 18. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating 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 Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. At Plan Review Submittal 19. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. b. A precise grading plan to verify accessibility for persons with disabilities. d. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Grading Permit(s) 20. Demolition Permits. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. Prior to Beginning of Construction 21. Pre-Construction Meeting. A pre-construction meeting is required with the building inspector prior to the start of the building construction. FIRE PREVENTION General Requirements 22. Fire Requirement. Fire sprinkler and fire alarm permits are not required. The building is under the allowable square footage amounts. Prior to Issuance of Certificate of Occupancy 23. Hydrant Verification. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (City Ordinance 15.16.020). 24. Addressing. 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). 25. Knox Box. 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). 26. Site Plan. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating fire lanes with appropriate lane painting and/or signs (CFC Chapter 5) POLICE DEPARTMENT General Requirements 27. Exterior Building Lighting. All lighting affixed to the exterior of buildings less than 8 feet high shall be vandal resistant. 28. Hardware. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. 29. Graffiti. Any graffiti painted or marked upon the buildings or other structures 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. 30. Alarm System. 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 open 24/7. 31. Roof Hatches. Any roof hatches shall be painted "International Orange." 32. Rooftop Addressing. 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. 33. Disabled Parking. All disabled parking stalls on the premises shall be marked in accordance with Section 22511.8 of the California Vehicle Code. 34. Crime Prevention Through Design. 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: 1. 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. 2. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi-public to private space. 3. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 35. Crime Prevention Training. 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. 36. Business Security Survey. 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. 37. Contact. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. NOTICE OF PUBLIC HEARING s Notice of Public Hearing 1989 A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No: PA 15-1561 Applicant: Gary Walker Proposal: A Major Modification to the existing Gosch Ford Used Car building to modify the building facade, exterior colors, and to allow for a 958 square foot expansion at 28701 Ynez Road Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15315, Class 15, Additions to Existing Structures) Case Planner: Brandon Rabidou, (951) 506-5142 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: January 6, 2015 Time of Hearing: 6:00 p.m. r 41 � 1 1 1 j Project S ite 1 1 YyE2gO 1 11 �r �Y 11 1 0 300 600 1.200 Feet Notice of Public Hearing 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.citvoftemecula.org. 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.org — 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 Community Development Department, (951) 694-6400.