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AGENDA
TEMECULA PLANNING COMMISSION
REGULAR MEETING
CITY COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
APRIL 17, 2019—6:00 PM.
Next in Order:
Resolution: 19-15
CALL TO ORDER:
Flag Salute: Commissioner Lanae Turley-Trejo
Roll Call: Guerriero, Telesio, Turley-Trejo,Watts and Youmans
PUBLIC COMMENTS
A total of 15 minutes is provided for members of the public to address the Commission
on items that are not listed on the Agenda. Speakers are limited to three minutes each. If
you desire to speak to the Commission about an item not on the Agenda, a salmon
colored "Request to Speak" form may be filled out and filed with the Commission
Secretary.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items a "Request to Speak" form may be filed with the Commission
Secretary prior to the Commission addressing that item. There is a three-minute time
limit for individual speakers.
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will be
enacted by one roll call vote. There will be no discussion of these items unless Members
of the Planning Commission request specific items be removed from the Consent
Calendar for separate action.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the Action Minutes of April 3, 2019
1
PUBLIC HEARING ITEMS
Any person may submit written comments to the Planning Commission before a public
hearing or may appear and be heard in support of or in opposition to the approval of the
project(s) at the time of hearing. If you challenge any of the projects in court, you may be
limited to raising only those issues you or someone else raised at the public hearing or in
written correspondences delivered to the Commission Secretary at, or prior to, the public
hearing.
Any person dissatisfied with any decision of the Planning Commission may file an appeal
of the Commission's decision. Said appeal must be filed within 15 calendar days after
service of written notice of the decision, must be filed on the appropriate Community
Development Department application and must be accompanied by the appropriate filing
fee.
2 Long Ran-ge Plannina Proiect No. LR18-1663, in conformance with Senate Bill ("SB")
946, the City is (1) adding a new.Chapter 8.60 to regulate outdoor vending on public
Property, (2) renumbering Chapter 5.20 (Outdoor Vendors) as Chapter 8.61,(Outdoor
Vending on Private Property)_, and (3) amending Section 12.04.060 regarding vending in
parks, Sara Toma
RECOMMENDATION:
2.1 Adopt a resolution entitled:
PC RESOLUTION NO.19-
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 OF TEMECULA
RENUMBERING CHAPTER 6.20 (OUTDOOR'VENDORS) AS CHAPTER 8.61
(OUTDOOR VENDING ON PRIVATE PROPERTY) AND MAKING RELATED
AMENDMENTS, ADDING A NEW CHAPTER &60 PERTAINING TO
OUTDOOR VENDING ON PUBLIC PROPERTY, AMENDING SECTION
12.04.060 PERTAINING TO VENDING IN CITY PARKS, AND MAKING A
FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT(LONG RANGE PLANNING PROJECT NO. LR18-1663)"
3 Planning Application Number PA19-0041, a Conditional Use Permit to .allow an ABC
Type 47 License and live entertainment on Saturdays and Sundays for Zabber Thai
Fusion, an existing restaurant located at 41789 Nicole Lane, Suite 131, Eric Jones
RECOMMENDATION:
3.1 Adopt a resolution entitled:
PC RESOLUTION NO. 19-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. PA19-0041, A
2
CONDITIONAL USE PERMIT TO ALLOW AN ABC TYPE 47 LICENSE AND
LIVE ENTERTAINMENT ON SATURDAYS AND SUNDAYS FOR ZABBER
THAI FUSION, AN EXISTING RESTAURANT LOCATED AT 41789 NICOLE
LANE, SUITE B1, AND MAKING A FINDING OF EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 921-680-031)
REPORTS FROM COMMISSIONERS
REPORTS FROM COMMISSION SUBCOMMITTEE(S)
DIRECTOR OF COMMUNITY DEVELOPMENT REPORT
DIRECTOR OF PUBLIC WORKS REPORT
ADJOURNMENT
Next regular meeting: Planning Commission, Wednesday, May 1, 2019, 6:00 PM City Council
Chambers, 41000 Main Street, Temecula, California.
NOTICE TO THE PUBLIC
The agenda packet (including staff reports) will be available for public viewing in the Main Reception area at the Temecula Civic
Center(41000 Main Street,Temecula)after 4:00 PM the Friday before the Planning Commission meeting. At that time,the agenda
packet may also be accessed on the City's website—TemeculaCA.gov—and will be available for public viewing at the respective
meeting.
Supplemental material received after the posting of the Agenda
Any supplemental material distributed to a majority of the Commission regarding any item on the agenda, after the posting of the
agenda,will be available for public viewing in the Main Reception area at the Temecula Civic Center(41000 Main Street,Temecula,
8:00 AM—5:00 PM). In addition,such material may be accessed on the City's website—TemeculaCA.gov—and will be available
for public viewing at the respective meeting.
If you have questions regarding any item on the agenda for this meeting, please contact the Community Development Department
at the Temecula Civic Center,(951)694-6400.
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ITEM' l
ACTION MINUTES
TEMECULA PLANNING COMMISSION
REGULAR MEETING
CITY COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
APRIL 3, 2019—6:00 PM
Next in Order:
Resolution: 19-13
CALL TO ORDER: Chairman Watts called the meeting to order at 6:00 PM
Flag Salute: The flag salute was led by Commissioner Youmans
ROLL CALL:
Present: Guerriero, Turley-Trejo, Watts, and Youmans
ABSENT: TELESIO
Also Present: Watson; Fisk-, Peters; Marroquin, Jones, Cooper, Moreno, and Jacobo
PUBLIC COMMENTS
There were no public comments.
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will be
enacted by one roll call vote. There will be no discussion of these items unless Members
of the- Planning. Commission request specific items be removed from the Consent
Calendar for separate action.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the Action Minutes of March 20, 2019 APPROVED AS REVISED
3-0-1-1; MOTION MADE BY COMMISSIONER GUERRIERO, SECOND BY
COMMISSIONER TURLEY-TREJO; AYE VOTES FROM COMMISSIONERS
GUERRIERO, TURLEY-TREJO, AND WATTS; TELESIO ABSENT; YOUMANS
ABSTAINED
2 Director's Hearin4 Summary Report
RECOMMENDATION:
2.1 Receive and File .RECEIVE AND FILE
1
PLANNING COMMISSION ACTION MINUTES—April 3, 2019 Page 2
The following.item was out of order as part of the amended agenda.
PUBLIC HEARING ITEMS
At this time the Commission considered Agenda Item No. 4(Public Hearings).
4 Planninq Application Number PA18-0985, a Conditional Use Permit to allow for Small
Barn restaurant to obtain an ABC Type 47 License (On-Sale General Eating Place) at
28535 Old Town Front Street, Scott Cooper APPROVED 4-0-1-0; MOTION BY
COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER YOUMANS; AYE
VOTES FROM .COMMISSIONERS GUERRIERO, .TURLEY-TREJO, WATTS, AND
YOUMANS;TELESIO ABSENT .
RECOMMENDATION:
4.1 Adopt a resolution entitled:
PC RESOLUTION NO. 19-13
A RESOLUTION` OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA APPROVING. PLANNING APPLICATION NO. PA18-0985, A
CONDITIONAL USE PERMIT TO ALLOW FOR SMALL BARN RESTAURANT
TO OBTAIN AN ABC TYPE 47 LICENSE (ON-SALE GENERAL — EATING
PLACE) AT 28535 OLD TOWN. FRONT STREET AND MAKING A FINDING
OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT(CEQA)
3 Planning Application Number PA18-1587, a Conditional Use .Permit and Public
Convenience or Necessity Application for an existing Chevron/ExtraMile to obtain a
Type 20 ABC License for the sale of beer and wine at 28900 Rancho California Road,
Eric Jones APPROVED WITH MODIFICATIONS TO THE CONDITIONS OF
APPROVAL 4-0-1-0; MOTION BY. COMMISSIONER GUERRIERO, SECOND BY
COMMISSIONER YOUMANS; AYE VOTES FROM COMMISSIONERS GUERRIERO,
TURLEY-TREJO,WATTS,AND YOUMANS; TELESIO ABSENT
RECOMMENDATION:
3.1 Adopt a resolution entitled:
PC RESOLUTION NO. 19-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. PA18-1587, A
CONDITIONAL USE PERMIT AND PUBLIC CONVENIENCE OR NECESSITY
APPLICATION FOR AN EXISTING CHEVRON/EXTRAMILE TO OBTAIN A
TYPE 20 ABC LICENSE FOR THE SALE OF BEER AND WINE AT 28900
RANCHO CALIFORNIA ROAD, AND MAKING A FINDING OF EXEMPTION
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN:
921-060-025)
PLANNING COMMISSION ACTION MINUTES—April 3, 2019 Page 3
REPORTS FROM COMMISSIONERS
REPORTS FROM COMMISSION SUBCOMMITTEE(S)
DIRECTOR OF COMMUNITY DEVELOPMENT REPORT
DIRECTOR OF PUBLIC WORKS REPORT
ADJOURNMENT
The Planning Commission meeting was adjourned at 6:30 p.m. to the regular meeting: Planning
Commission, Wednesday, April 17, 2019, 6:00 p.m. City Council Chambers, 41000 Main Street,
Temecula, California.
Gary Watts, Chairperson Luke Watson
Planning Commission Director of Community Development
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ITEM 2
STAFF REPORT-PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
DATE OF MEETING: April 17, 2019
TO: Planning Commission Chairperson and members of the Planning
Commission
FROM: Luke Watson, Director of Community Development
PREPARED BY: Sara Toma,Assistant Planner
PROJECT Long Range Planning Project No. LR18-1663, in conformance with
SUMMARY: Senate Bill ("SB") 946, the City is (1) adding a new Chapter 8.60 to
regulate outdoor vending on -public property, (2) renumbering
Chapter 5.20.(Outdoor Vendors) as Chapter 8.61 (Outdoor Vending
on Private Property), and (3) amending Section 12.04.060 regarding
vending in parks.
CEQA: Categorically Exempt
Title 1.4, Chapter 3, California Code of Regulations (CEQA
Guidelines), Section 15061(b) (3).
RECOMMENDATION: Adopt a Resolution recommending City Council to adopt an Outdoor
Vendor Ordinance that renumbers Chapter 5.20 Outdoor Vendors
as Chapter 8.61 (Outdoor Vending on Private Property) and making
related amendments, .adding a new Chapter 8.60 pertaining to
Outdoor Vending on Public Property, and amending Section
12.04.060 pertaining to outdoor vending in City parks to establish
Citywide standards for outdoor vendors.
BACKGROUND SUMMARY
On March 14, 1995, the City Council adopted Ordinance No. 95-05 (Outdoor Vendors) to add
Chapter 5.20 (Outdoor Vendors) to the Temecula Municipal Code, which regulates stationary
outdoor vending on private property. This ordinance prohibits outdoor vending on the public
right-of-way.
Senate Bill ("SB") 946 Sidewalk Vendors was signed into law on September 17, 2018, and
became effective January 1, 2019. Under the. new law, the State mandates local jurisdictions to
support and facilitate outdoor vendors within the public right-of-way. The stated intent of the
legislation is to:
1. Create entrepreneurial and economic development opportunities for immigrant and
low-income communities;
2. Increase access to desired goods, such as culturally significant food merchandise;
3. Contribute to a safe and dynamic public space; and
4. Promote the safety and welfare of the public by encouraging local authorities to
support and properly regulate sidewalk vending and the legislation to decriminalize
sidewalk vending.
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Sidewalk vendor(which is referred to in this report as outdoor vendor) is defined by SIB 946 as a
person who sells food or merchandise from a pushcart, stand, display, pedal-driver cart, wagon,
showcase, rack, or other non-motorized conveyance, or from one's person, upon a public
sidewalk or other pedestrian path.
State law allows for two types of outdoor vendors; stationary (a person who vends from a fixed
location) or roaming (a vendor who moves from place to place and stops only complete a
transaction).
To meet the new State law codified in California Government Code Sections 51038 and 51039,
the City is adding a new Chapter 8.60 that will add regulations for outdoor vending on public
property. The proposed ordinance also renumbers Chapter 5.20 Outdoor Vendors (private
property) as Chapter 8.61 (Outdoor vending on private property) and amends Section
13.024:060 regarding vending in parks.
The bill allows a city to adopt outdoor vending regulations so long as those regulations (1) do
not require a vendor to operate.within specific parts of the public right-of-way, except when that
restriction is directly related to objective health, safety, or welfare concerns, and (2) do not
require vendors to operate only in a designated rneighborhood or area, except as specified. The
bill authorizes a local authority to,. by ordinance or resolution, adopt- additional requirements
regulating the time, place, and manner of vending, as specified, if the requirements are directly
related to objective health, safety, or welfare concerns.
Pursuant to BB 946,. a violation is punishable only by an administrative fine, as specified,
pursuant to an ability to pay determination, and proceeds are to be deposited in the treasury of
the local authority. The bill requires the dismissal of any criminal prosecutions under any local
ordinance or resolution regulating or prohibiting vendors that have not reached final judgment.
The bill also authorizes a person who is currently serving, or who completed a sentence, or who
is subject to a fine for a conviction of a misdemeanor or infraction for vending, to petition for
dismissal of the sentence, fine, or conviction..
SUMMARY OF SIB 946
Upon the passage of SB '946, staff from the Community.Development Department and City
Attorney worked closely With Public Works, Temecula Community Service Department (TCSD),
and Code Enforcement to review S.B. 946, and identified required amendments to the City's
Municipal Code in order to comply with State law while maintaining public peace, health, safety,
and welfare.
The table below describes the more significant operating requirements, and regulations from the
law that affect how the City can regulate vending on sidewalks and in public parks.
Finding Description
Areas of Operations Cities cannot restrict roaming or stationary sidewalk
vending unless restrictions are directly related to
objective ' health, safety, or welfare concerns. In
residential areas, only stationary vendors can be
restricted.
City-Owned Parks Cities cannot prohibit roaming vendors from operating
in City-owned parks, but may prohibit stationary
vendors, if under contact with a concessionaire.
Hours of Operation Cities can impose limitations on hours of operation
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that are not unduly restrictive. In non-residential
areas, hours cannot be more restrictive than any
limitations on hours of operation imposed on other
businesses or uses on the same block.
Limits on Number of Vendors Cities can restrict the number of vendors but only if
the restriction is directly related to objective health,
safety, or welfare concerns.
Storefront Businesses Cities cannot require a vendor to obtain permission
from any non-governmental entity or individual before
the vendor can operate. Cities do not have the
authority to restrict a vendor from operating on the .
sidewalk due to conflicting business uses.
Americans with Disabilities Act(ADA) Cities can adopt requirements necessary to ensure
Compliance compliance with federal, state and local disability
access standards.
State law also allows further regulation in City-owned parks if the regulations are necessary to:
1. Ensure the public's use and enjoyment of natural resources and recreational
opportunities; and
2. Prevent an undue concentration of commercial activity that unreasonably interferes
with the scenic and natural character of the park or public trail.
SB 946 authorizes local governments to implement operational regulations regarding the time,
place, and manner of sidewalk vending only as it relates to .objective health, safety or welfare
concerns.
ANALYSIS
The proposed ordinance is consistent with SB 946 in that it facilitates the entrepreneurial spirit
of small business activates by removing the prohibition on selling goods from portable stands on
public right-of-way. While encouraging more outdoor vending, the City equally recognizes the
importance of regulation and enforcement of outdoor vendor activities to promote the health,
safety, and.welfare of the public.
The City's proposed ordinance includes regulations that are necessary to ensure no
interference with:
• The performance of police, fire, and emergency medical personnel response
services;
• The flow of pedestrian or vehicular traffic including ingress into, or egress from,
any residence, public building, or place of business, or from the street to the
sidewalk, by persons exiting or entering parked or standing vehicles.
• Provide reasonable access for the use and maintenance of sidewalks,
pathways, posts, traffic signs or signals, hydrants, restrooms, trash receptacles,
firefighting apparatus, mailboxes, as well as access to locations used for public
transportation services;
• Reduce exposure to the City for personal injury or property damage claims and
litigation that result from outdoor vending; and
• Ensure outdoor vending activities only occur in locations where such vending
activities would not restrict sidewalk and pathway access and enjoyment to
individuals with disabilities.
3
The proposed ordinance also includes operational regulations regarding the time, place, and-
manner of outdoor vending, including, but not limited to the following:
• Sanitation requirements;
• Requirement for liability insurance;
• Size restriction for vending area or vendor cart;
• Restrictions on hours of operation;
• Restriction on noise-making devices;
• Separation requirements from critical City infrastructure to maintain.safety;
• Restriction on vending in vicinity of special events;
• Enforcement of the Federal Americans with Disability Act of 1990 standards; and
Proximity to sensitive receptors such as schools.
The following sections provide an overview of the rules and regulations established by the
Outdoor Vendor Ordinance:
Permit Requirements
Government.Code Section 51038 (C)(4) allows a local authority to require an outdoor vendor to
obtain a permit, subject to certain limitations.
Consistent with SIB 946, the City's proposed ordinance would require a valid permit.to engage in
any outdoor vendor activities. A permit enables the City to effectively regulate individuals who
are engaging in outdoor vending activities and ensure outdoor vendors are complying with the
rules and regulations set forth by the program.
Limitation of Hours of Operation
Government Section 51038 (C)(1) allows a local authority to place limitations on hours of
operation that are not unduly.restrictive. In nonresidential areas, any limitations on the hours of
operation for outdoor vending shall not be more restrictive than any limitations imposed on other
businesses, or uses on the same street or block.
In nonresidential areas, the ordinance would limit hours of operation for outdoor vending from
7:00 a-m. to 10:00 p.m. daily, which is consistent with most business operations throughout the
City, however, the ordinance also provides that the hours of operations will not be more
restrictive than the.hours of operations imposed on other businesses on the same block.
In residential areas, stationary outdoor vendors are prohibited and the ordinance would limit the
hours of operation for roaming outdoor vending from dusk until dawn within the following zoning
districts: Hillside Residential District (HR),.Rural Residential (RR), Very Low Density Residential.
(VL), Low Density Residential (L-1 and L-2), Low Medium Density Residential (LM), Medium
Density Residential (M), High Density Residential (H), and Hillside Residential-Santa Margarita
(HR-SM). These areas tend to be more sensitive to noise and traffic impacts; therefore, warrant
a smaller operational window.
Prohibited Areas on Public Property
Government Section 51038 (8)(E)(1) allows local'authority to prohibit outdoor vendors in areas
located within the immediate vicinity of a permitted certified farmers marker or a permitted swap
meet during the limited operating hours of that certified event. In areas with a permitted certified
farmer's .market or a permitted swap meet, the ordinance would restrict outdoor vendors to
maintain a 200 feet distance separation from the event(s). The 200 feet restrictions on distance
4
separation was based on City's traffic engineer input concerning motor, vehicle speed,
pedestrian flow, and sight distance standards.
Government Section 51038 (8)(E)(2) allows local authority to prohibit outdoor vendors in areas
located within the immediate vicinity of an area designated for a temporary special permit issued
by local authority, provided that any notice, business interruption mitigation, or other rights
provided to affected businesses or property owners under the local authority's temporary special
permit are also provided to any sidewalk vendors specifically permitted to operate in the area, if
applicable. In areas with a designated temporary special permit, the ordinance would restrict
outdoor vendors to maintain. a 200 feet distance separation from the event(s). The 200 feet
restrictions on distance separation was based on City's traffic engineer input concerning motor
vehicle speed, pedestrian flow, and sight distance standards.
Government Section 51038(2)(A), which allows prohibition of stationary outdoor vendors -in
public. parks that have a single;concessionaire agreement. It is also consistent with State
requirements, roaming vendors are not affected by this restriction: In areas .with a single-
concessionaire agreement within a public park, stationary outdoor vendors are prohibited.
Distance Separation Restrictions
Government Section 51038 (b)(1) allows a city to,regulate where outdoor vending occurs if it
relates to an objective health, safety, or welfare concern.The distance measurement restrictions
specified below was based on City's traffic engineer input concerning motor vehicle speed and.
sight distance standards. Moreover, the following table summarizes. the proposed distance
separation restrictions or location restrictions that would prohibit outdoor vendors from being
located within certain areas of within certain distances of specified structures or buildings, these
restrictions are necessary to protect the public health, safety,or welfare.
Distance Restriction why it is Necessary?
Fifty (50) feet away from any street This restriction helps to ensure there are
intersection limited obstructions adjacent to a street
intersection.. Such obstructions could impede
vehicular sight lines and could pose a safety
issue for pedestrians and drivers a like.
Fifteen (15) feet away from any fire hydrant, In the event.of an emergency, and. for regular
fire call box, police call box or other. maintenance;' .the Fire Department needs to
emergency facility have constant, uninhibited access to hydrants
City-wide. .Adequate space must always be
provided to allow for an apparatus (e.g. fire
engine) to access the hydrant. The distance
for the call box, traffic signal controller and
streetlight controller is to allow adequate
space for access in .the event of an
emergency or for regular.maintenance.
Twenty five (25) feet away from any driveway Allowing outdoor vending operations from or
or driveway apron near any driveway will pose a safety issue by
obstructing vehicular line of sight.
.Fifty(50)feet away from a transit stop Allowing outdoor vending operations within 50
feet of a transit stop will negatively affect the
welfare of the public. People who are at these
laces are a captive audience and are
5
generally unable to avoid solicitation. Outdoor
vending adjacent to a transit stop will also
hinder required access for a disabled person.
Two hundred (200) feet away from a Consistent with Government Section 51038
permitted certified farmers' market, a swap (d)(1) which allows a prohibition of outdoor
meet, or an area designated for a City Special vendors in the immediate vicinity of such
Event and temporary special permit. This permitted activities. Two hundred (200) feet
prohibition shall be limited to the operating away will ensure that all outdoor vendor
hours of the farmers' market or swap.meet, or activities are at least a block away.
the limited duration of the temporary special
permit.
Two hundred (200) feet away from 'any, These land uses are sensitive receptors to
property on which a school building or facility noise and any activity that'is disruptive to day-
is located during the following times: (a) an to-day operations and the overall welfare of
hour before school is in session; and (b) an '. said uses. In addition,.any queuing in front of
hour before and an hour after. school a school can pose a safety issue with children
dismissal. entering and exiting before and after school. .
Adjacency of, outdoor vendors near these
uses could also attract children off-site or
cause.children to rush across a street without
checking for vehicular traffic.
One hundred(100) feet away from any public , Adjacency of outdoor: vendors near these
picnic area, playground .area, or playground uses could attract children off-site and poses
equipment.
a.safety issuer
-Two hundred (200) feet away from-the Civic The Temecula Civic Center is central to all
Center building, Civic Quad and Town Square civic duties. It is home to the City's Council
Chambers, key Community Services and
personnel, and'is the center location. of the
Emergency Operations Center (EOC), which
could be activated at any time to manage
critical resources in an emergency situation: It
-is important that the,pathways leading to and
from - the Civic Center grounds remain
generally free.and clear of any obstructions to
ensure public safety. Furthermore, the civic
quad and town'square are locations of many
City events.year round, with high pedestrian
traffic and to ensure public safety from injury,
a.distance separation is necessary. .
Additional Regulations and Requirements
Government Section 51038 (b)(1) allows a city to regulate the time, place, and manner of
sidewalk vending when it is directly related to an objective health, safety, and welfare concerns.
The following table summarizes additional rules and regulations requirements that would restrict
outdoor vendors for the purpose of public health, safety, and welfare.
Safe Flow of Traffic
Upon or within any roadway, median strip, or Allowing outdoor vending operations in any
dividing section roadway, median strip or dividing section will
pose a safety issue by obstructing vehicular
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line of sight. Additionally, it creates a safety
hazard as pedestrians may rush across a
street without checking for vehicular traffic. It
also would encourage vending to people
inside a vehicle which interferes with the safe.
flow of traffic.
Outdoor vendors shall not be located at any Allowing outdoor vendors at signalized
signalized intersections or in any manner intersections could endanger the traveling
block traffic signal equipment and cabinets. public on City streets. This regulation would
also ensure no interference with the
performance of. police, firefighter, and :
emergency medical personal services.
Outdoor vendors shall not be located on any Vending on unpaved or unimproved surfaces
public property that is unpaved or could result in pollutants contaminating the
unimproved (i.e., is not made from concrete, ground.
asphalt, or similar material
Stationary Vending Cart
Stationary outdoor vendors shall not be Utility providers need access to the utility
Iodated on utility boxes or in a manner that boxes, particularly in an emergency.
obstructs access to a utility box.
Autonomous vending
Autonomous vending of any .kind is Autonomous vending is new technology and
prohibited. Outdoor vendors stationary and/or it is unknown whether.this type of vending
roaming are.required at all time to be present could cause injury to pedestrians or the
with their vending cart. traveling public.
Permitting Requirement
Outdoor vendors shall possess at all times Requiring that a vendor. possess proof of
while vending proof of liability insurance. liability insurance will ensure that if there is .
an accident, or someone is injured.from the
Vending activities; that person will have
access to the insurance information
necessary to make a claim.
Prohibited Items
All outdoor vendors on public and private These items are items that the City wants to
property are prohibited .from selling the keep out of the hands of youth. Allowing
following items: street vendors to sell these items could result
1.Alcohol; in youth being exposed to these items and
2. Cannabis; increases the likelihood that these items
3.Tobacco products, vapes, e-cigarettes; could.be obtained by youth.
4.Adult orientated material;
5.Weapons of any kind; or
6. Starter guns and fake knives.
Maintaining Sanitary Conditions
Government Section 51038 (b)(1) allows a city to regulate the time, place, and manner of
sidewalk vending when it is directly related to an objective health, safety, and welfare concerns.
The proposed ordinance enacts a variety of requirements that directly relate to maintaining
sanitary operations conditions in the interest of protecting the health and welfare of the public.
These regulations include:
• Maintaining a current permit issued by County of Riverside Department of
Environmental Health when selling food and displaying such permit on the
vendor cart;
• Maintaining a litter receptacle which cannot, be emptied into a City refuse
container;
• Requiring the vendor to maintain a neat, sanitary, hazard and 'trash free area
around the cart;
• Requiring the vendor to immediately clean up any food, grease or other fluid
that falls on public property;
• Staying with the vending cart at all times as the cart may need to be relocated
quickly to provide emergency access to the area for police and fire personnel.
• Removing the cart from the public right-of--way each evening;
• Ensuring the vending carts do not lean against nor are attached to a building or
structure; and
• Signage shall be affixed to the vending cart or vendor's person and may not be
electrical, flashing, wind-powered, or animated.
Enforcement, Penalties, and Appeals
Government Section 51039 outlines limitations on punishing sidewalk vendors for violating
parameters of the City's program. The City's program encourages efficient enforcement through
its operating conditions, such as requiring conspicuous display of an outdoor vendor permit and
requiring the allowance of certain City officials to inspect the operation at all times.
Violations of proposed ordinance would be enforced though administrative fines in the amounts
established-by SIB 946.
Additionally, the proposed ordinance includes an appeals framework, which provides due
process for individuals who are in disagreement with a denial of a permit, issued an
administrative citation,or who desire to contest revocation of an issued permit.
LEGAL NOTICING REQUIREMENTS
Notice of the public hearing was published in the U-T San Diego on April 4, 2019.
ENVIRONMENTAL DETERMINATION
In accordance with the California Environmental Quality Act Title 14, Chapter 3, California Code
of Regulations(CEQA Guidelines), Section 15061(b)(3), the proposed project has been deemed
to be categorically exempt from further environmental review.
STAFF RECOMMENDATION
Adopt a Resolution recommending that the City Council adopt an Outdoor Vendor Ordinance
that renumbers Chapter 5.20 Outdoor Vendors (Private Property) as Chapter 8.61 (Outdoor
Vending on Private Property), adds a new Chapter 8.60 pertaining to Outdoor Vending on
8
Public Property, and amends Section 12.04.060 regarding vending in public parks to establish
Citywide standards for outdoor vendors.
ATTACHMENTS
1. Draft Planning Commission Resolution
2. Exhibit A—Draft City Council.Ordinance
3. Notice of Public Hearing
9
DRAFT
PLANNING COMMISSION RESOLUTION
PC RESOLUTION NO.19-
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 OF TEMECULA
RENUMBERING CHAPTER 5.20 (OUTDOOR VENDORS)
AS CHAPTER 8.61 (OUTDOOR VENDING ON PRIVATE
PROPERTY) AND MAKING RELATED AMENDMENTS,
ADDING A. NEW CHAPTER 8.60 PERTAINING TO
OUTDOOR VENDING ON PUBLIC PROPERTY,
AMENDING SECTION 12.04.060 PERTAINING TO
VENDING IN CITY PARKS, AND MAKING A FINDING OF
EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (LONG RANGE
PLANNING PROJECT NO. LR18-1663)"
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. City Staff identified a need to amend the adopted Municipal Code to add a
new Chapter 8.60 to the Temecula Municipal Code to address SB 946 and outdoor
vendors (Planning Application No. LR18-1663).
B. The Ordinance 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 April 17, 2019, at a duly noticed public hearing as prescribed
by law, at which time the City staff and interested persons had an opportunity to and did
testify either in support or in opposition to this matter.
D. At the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission recommended that the City
Council approve Planning Application No. LR18-1663 subject to and based upon the
findings set forth hereunder.
E. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in approving the
application hereby finds, determines and declares that:
A. The proposed Ordinance 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 Outdoor Vendor Ordinance conforms to the City of Temecula
General Plan in that the criteria for establishing public health, safety, and welfare,
identified in the City of Temecula General Plan Public Safety Element.
Furthermore, the proposed Outdoor Vendor Ordinance directly responds to.Goal
community safety and security, Policy 3.1 and 3.4 of the General Plan. Public
Safety Element.
B. The proposed Ordinance is consistent with the Municipal Code and
Development Code for the City of Temecula;
The proposed Outdoor Vendor Ordinance has been designed to be internally
consistent with. the Municipal Code and the Development Code in terms of
referencing key components of the City's currently adopted 95-05 Outdoor
Vendors Ordinance, ;which applies to public safety, noise, sanitation, and
enforcement issues.
Section 1 .Environmental Compliance. This Ordinance -is not subject to the
requirements of the California Environmental Quality Act (CEQA) pursuant to Sections
15061(b) (3) and 15378 of Division 6 of Title 14 of the California Code of Regulations. It
can be seen with certainty that there is no possibility that the Ordinance will have a
significant effect on the environment. The Ordinance will have no adverse environmental
affects. because it is .not considered .a "project" under CEQA project definition. The
Planning Commission, therefore, recommends that the City Council of the City of
Temecula adopt a Notice of Exemption for the proposed ordinance.
Section 4. . Recommendation. The Planning Commission of, the City, of
Temecula recommends that the City Council approve Planning Application No. LR18-
1663 Outdoor Vendor, a proposed Citywide Ordinance as 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 17 day of April 2019.
Gary Watts, Chairman
ATTEST:
Luke Watson
Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Luke Watson, Secretary of the Temecula .Planning Commission, do hereby
certify that the forgoing PC Resolution No. 19- was duly and regularly adopted by
the Planning Commission of the City of Temecula at a regular meeting thereof held on
the 17 day of April 2019, by the following vote:
AYES: PLANNING COMMISSIONERS:
NOES: PLANNING COMMISSIONERS:
ABSENT: PLANNING COMMISSIONERS:
ABSTAIN: PLANNING COMMISSIONERS:
Luke Watson
Secretary
EXHIBIT A
DRAFT CITY COUNCIL ORDINANCE
ORDINANCE NO. 19-
AN ORDINANCE OF THE CITY OF TEMECULA
RENUMBERING CHAPTER 5.20 (OUTDOOR VENDORS)
AS CHAPTER 8.61 (OUTDOOR VENDING ON PRIVATE
PROPERTY) AND MAKING RELATED AMENDMENTS,
ADDING A NEW CHAPTER 8.60 PERTAINING TO
OUTDOOR VENDING ON PUBLIC PROPERTY,
AMENDING .SECTION 12.04.060 PERTAINING TO
VENDING IN CITY PARKS,AND MAKING A FINDING OF
EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (LONG RANGE
PLANNING PROJECT NO.LR18-1663)
WHEREAS, Senate Bill ("SW') 946 was signed into law on September 17, 2018, and
became effective January 1,.2019;
WHEREAS,SB 946 limits the authority,of cities and counties to regulate outdoor vendors
on public property, except in accordance with California Government Code Sections 51038 and
51039;
WHEREAS,.the City of Temecula Municipal Code currently prohibits outdoor-vendors
within the public right-of-way and public parks,in conflict with SB 946;
WHEREAS, the City Council finds that the act of outdoor vending in areas of the public
right-of-way creates the potential for increased safety hazards, such as, but not limited to,
inhibiting the ability of disabled individuals and other pedestrians to follow a safe path of travel;
interfering with the performance of police,firefighter,and emergency medical personnel services;
encouraging pedestrians to cross mid-block or stand in roadways to purchase food;-and creating
obstacles and contributing to congestion for pedestrian,vehicle,and bicycle traffic;
WHEREAS,the City Council finds that restrictions on outdoor vendors are needed to
accommodate vendors and their equipment, while also safe-guarding the flow ,of pedestrian
movement on sidewalks and in the public right-of-way, safe-guarding the traveling public on City
streets, and ensuring no interference with the performance of police,firefighter, and emergency
medical personnel services;
WHEREAS, the City Council finds that the'regulation of vendors engaged in the sale of
food and food products will help to ensure that outdoor vendors obtain all necessary permits and
comply with applicable sanitation; food preparation, and food handling laws, and thereby will
protect the public health and safety against health problems such as food contamination, poor
hygienic practices, and the threat of food poisoning;
WHEREAS, the City Council finds that regulations related to the collection and disposal
of trash or other debris generated by outdoor vendors are necessary to ensure that such trash or
debris is not left, thrown, discarded, or deposited on City streets, sidewalks,pathways, gutters, or
storm drains, or upon public or private lots, so that the same might be or become a pollutant;
WHEREAS,the City"Council fmds that restrictions on outdoor vendors in public parks is
necessary to ensure the public's use and enjoyment of natural resources and recreational
opportunities, and to prevent an undue concentration of commercial activity that would
unreasonably interfere with the scenic and natural character of these parks;
WHEREAS,the City Council fmds that restrictions on outdoor vendors in residential areas
and schools are necessary to ensure that such areas are protected from excessive traffic impacts to
maintain circulation flow and without distractions while sustaining pedestrian safety during peak
time hours;
WHEREAS,the City Council fmds that restrictions prohibiting stationary outdoor vendors
from vending on unpaved or unimproved surfaces is necessary to protect the public health and
safety as pollutants could contaminate the ground;
WHEREAS, the City Council fmds that restrictions on outdoor vendors are necessary.to .
safe-guard the flow of pedestrian, bicycle, and automobile movement along street intersections,
driveway or drive apron, and transit stops with proper distance separation. to. safe-guard the
traveling public on City streets; maintain American with Disabilities Act (ADA) accessibility
standards, and ensuring no.interference with the.performance of police,firefighter,and emergency
medical personal services;
WHEREAS, the City Council fmds.that restrictions regarding the hours of operations of
outdoor vendors are necessary within residential neighborhoods to ensure that the vendors are not
creating excess noise and a commercial type activities within a residential zone that can be
detrimental to the general welfare of the community;
WHEREAS,the City Council fmds that requiring proof of liability insurance for outdoor
vendors as part of the permit requirement is essential to protect the public health and welfare and
ensure that the City is protected from potential liability as a result of any injuries caused by the
vending carts or operation of.the vending carts;
WHEREAS, the City Council finds that restrictions prohibiting the sale of alcohol,
cannabis, tobacco, adult-orientated materials, weapons, starter guns and fake knives is necessary
to protect the public health, safety,and welfare;
WHEREAS, the City Council fmds that restrictions regarding the appearance of the
vending carts are necessary to ensure that the vendor carts are not detrimental to the general welfare .
of the community; and
WHEREAS, the City Council adopts this Ordinance under the authority provided in SB
946, and fmds that the time,place, and manner regulations and requirements provided'herein are
directly related to the City's purpose of protecting of the health,safety,and welfare of its residents,
businesses and visitors.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA .
DOES ORDAIN AS FOLLOWS:
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Section 1. Chapter 5.20 (Outdoor Vendors) of Title 5 (Business Licenses and
Regulations)of the Temecula Municipal Code is hereby renumbered as Chapter 8.61 and renamed
as "Outdoor Vending on Private Property", and is hereby added to Title 8 (Health and Safety) of
the Temecula Municipal Code.
Section 2. Section 8.61.030 (License and application.) of Chapter 8.61 (Outdoor
Vending on Private Property) of Title 8.(Health and Safety) of the Temecula Municipal Code is
hereby amended to add a new subsection C to read as follows:
"C. This Chapter shall not apply to outdoor vending on public property which is
regulated pursuant to Chapter 8.60 of the Municipal Code.
Section 3. Section 8.61.080 (Prohibited conduct and hours of operation.) of Chapter
8.61 (Outdoor Vending on Private Property) of Title 8 (Health and Safety) of the Temecula
Municipal Code is hereby amended to amend subsection C to read as follows (with additions
shown in underline and deletions shown in strikethrough):
"C. Store, park or leave any vending stand on any
undeveloped or otherwise vacant property, or store, park or leave any vending stand within any
public right of way unless it is done in compliance with Chapter 8.60 of the Municipal Code-"
Section 4. The Temecula Municipal Code is hereby amended to add a new Chapter
8.60 to Title 8 (Health and Safety),which shall read as follows:
"Chapter 8.60 Outdoor Vending on Public Property
Sections:
8.60.010 Definitions.
8.60.020 Permit Required.
8.60.030 Permit Application.
8.60.040 Criteria for Approval or Denial of Permit.
8.60.050 Permit Expiration and Renewal.
8.60.060 Permit Rescission.
8.60.070 Appeals.
8.60.080 Permits Non-Transferrable.
8.60.090 Operating Standards.
8.60.100 Administrative Citations.
8.60.010 Definitions.
The following words and phrases,whenever used in this chapter, shall mean as follows:
A. "Block"means the aggregate of private lots,passages,and common drives without
the separation of another street or an area of land within a subdivision entirely bounded by streets,
or bounded on part by streets and in part by the exterior boundary of the subdivision.
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B. "Certified farmers market"means a location operated in accordance with.Chapter
10.5 of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to
that chapter.
C. "Director"means the City Manager, or his or her designee.
D. "Outdoor vendor" means a person who vends from a vending cart or from one's
person, upon a public sidewalk, pedestrian path, or other public right of way available to
pedestrians. An outdoor vendor may be either a roaming vendor or a stationary vendor.
E. "Permit"means an outdoor vendor permit issued pursuant to this Chapter.
F. "Person" means one or more natural persons, groups, businesses, business trusts,
companies, corporations,joint ventures,joint stock companies,partnership, entities, associations,
clubs, or organizations composed, of two or more individuals (or the manager, lessee, agent, .
servant,officer,or employee of any of them),whether engaged in business,nonprofit,or any other
activity.
G. "Roaming vendor"means a vendor who moves from place to place and stops only
to complete a transaction.
H. "Stationary vendor"means-a vendor who vends from a fixed location.
I. "Swap meet"means a location operated in accordance with Article 6 of Chapter 9
of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that
article.
J. "Temporary special permif.' means a permit issued by the City for the temporary
use of,or encroachment on,the sidewalk or any other public area,including,but not limited to,an.
encroachment permit,special event permit,or temporary event permit,for purposes including,but
not limited to, filming,parades, or outdoor concerns.
K. "Transit Stop" means a site containing a rail station or the intersection of two or
more bus routes with a service-interval of 15 minutes or less during the morning and afternoon
peak commute periods.
L. "Vend"or"vending"means to sell, offer for sale, display for sale, or solicit offers
to purchase,food, food products,beverages, goods, or merchandise.
M. "Vending cart" means a pushcart, stand, display, pedal-driven cart, wagon,
showcase, rack, or other non-motorized conveyance used for vending, that is not a vehicle as
defined in the California Vehicle Code.
8.60.020 Permit Required.
No person, either for themselves or any other person, shall conduct or engage in outdoor
vending within the City without first obtaining an outdoor vending permit pursuant to this chapter.
8.60.030 Permit Application.
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To apply for an outdoor vending permit,a person must file an application with the Director,
accompanied by a nonrefundable processing fee 'man amount established by resolution of the City
Council. The application shall.be in a.form prescribed by the Director and shall contain, at a
minimum,the following:
A. The legal name and current address and telephone number of the applicant;
B. If the applicant is an agent of an individual, company,-partnership, corporation, or
other entity,the name and business address of the principal;
C. A description of the food or merchandise offered for sale;
D. Whether the applicant intends to operate as a stationary vendor or a roaming
vendor;
E. A copy of a valid business license.issued pursuant to Chapter 5.04 of the Temecula
Municipal.Code;
F. A California seller's.permit number pursuant to Section 6067 of the Revenue and
Taxation Code;
G. Certification by the applicant that the information contained in the application is
true to his or her knowledge and belief;
H. If an outdoor vendor of food,or food products,certification to completion of a food
handler course and proof of all required approvals from the Riverside County Department of
Environmental Health;
I. Proof of liability insurance;
J. A plan of how the outdoor vendor will collect and dispose of trash and recycling;
K. A diagram that identifies the dimensions of the vending cart (height; width, and
depth)
L. A colored photograph of the.vending cart;
M. A plan of how. the outdoor vendor will properly display Department of
Environmental Health permit and Business License on the cart;
N. Identify the proposed hours of operation; and
O. Any other reasonable information regarding the time, place, and manner of the .
proposed vending.
8.60.040 Criteria for Approval or Denial of Permit.
A. The Director shall approve the issuance of a permit unless he or she determines
that:
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1. Information contained in the application, or supplemental information
requested from the applicant,is false in any material detail; or
2. . The applicant has failed to provide a complete application,after having been
notified of the requirement to produce additional information or documents;
or
3. The applicant has failed to demonstrate an ability to conform to the
operating standards set forth in Section 8.60.090; or
4. The applicant has failed to pay any previous administrative fines, or
complete any community service associated with a previous violation of this
chapter.
B. If the permit is denied, written notice of such denial and the reasons therefor shall
be provided to the applicant.
8.60.050 Permit Expiration and Renewal.
A permit shall be valid for twelve(12)months from the date of issuance, and shall expire.
and become null and void on the anniversary of its issuance. A person may apply for a permit
renewal-on a form provided by the City prior to the expiration of his or her active permit.
8.60.060 Permit.Rescission.
The Director may rescind a.permit issued to an outdoor vendor for a fourth violation or
subsequent violation.of this Chapter. An outdoor vendor whose permit is rescinded may apply for .
a new permit upon the expiration of the term of the rescinded permit.
8.60.070 Appeals.
Any person aggrieved by the decision of the Director to issue, deny issuance, or rescind a
permit may appeal the decision to the City Council. The appeal shall be filed with the City Clerk
within fifteen(15)days following the date-of the Director's decision.
8.60.080 Permits Nontransferable.,
No permit granted pursuant to this Chapter shall be transferable.
8.60.090 Operating Standards.
Outdoor vendors shall comply with the.following operating standards:
A. No outdoor vendor shall vend in any of the locations listed below. Any distances
identified below shall be measured from the property line.
1. Within fifty(50) feet of any street intersection;
2. Within fifteen(15)feet of any fire hydrant,fire call box,police call box, or
other emergency facility;
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3. Within twenty five(25) feet of any driveway or driveway apron;
4. Within fifty(50) feet of a transit stop;
5. Upon or within-any roadway,median strip,or dividing section;
6. Upon an outdoor area that is unpaved or unimproved(i.e.,is not made from
concrete,asphalt,or similar material);
7. Within two hundred (200) feet of a permitted certified farmers' market, a
swap meet, or, an area designated for a temporary special permit. This
prohibition shall be limited to the operating hours of the farmers' market or
swap meet, or the limited duration of the temporary special permit.
8. Within two hundred (200) feet of any property on which a school building
or facility is located during the following times:
a. an hour.before school is in session; and
b. 'an hour before.and an hour after school dismissal.
9. Within one hundred(100) feet of any public picnic area, playground area,
or playground equipment.
10. Within two hundred(200)feet from the Civic Center building, Civic Quad
and Town Square.
11. Outdoor vendors shall not be located at any signalized intersections or in
any manner block traffic signal equipment and cabinets.
B. Stationary outdoor vendors are prohibited from operating in the,following zoning
districts:Hillside Residential District(HR),Rural Residential(RR),Very Low Density Residential .
(VL), Low Density Residential (L=1 and L-2), Low Medium Density Residential (LM), Medium
Density Residential(M),-High Density Residential (H), and Hillside Residential-Santa Margarita
(HR-SM).
C. Stationary outdoor vendors shall not vend at any park where the City has signed an
agreement for concessions that exclusively permits the sale of food or merchandise by .a
concessionaire.
D. Stationary outdoor vendors shall not be located on utility boxes or in a manner that
obstructs access.to a utility box.
E. No outdoor vendor shall vend in a manner that blocks or obstructs the free
movement of pedestrians or vehicles.Outdoor vendors must at all times provide a clearance of not
less than four(4)feet on all outdoor or pedestrian areas so as to enable persons to freely pass while
walking,running, or using mobility assistance devices.
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F. Outdoor vending is permitted during the following time periods:
1. From dusk until dawn, in the following zoning districts: Hillside
Residential District (HR), Rural Residential (RR), Very Low Density
Residential (VL), Low Density Residential (L-1 and L-2), Low Medium
Density Residential (LM), Medium Density Residential(M),High Density
Residential(H), and Hillside Residential-Santa Margarita(HR-SM).
2. In nonresidential areas,the hours of operation shall be between 7:00 a.m.to
9:00 p.m. daily. In no event shall the limit on hours of operation be more
restrictive than the hours of operation of other businesses or uses on the
same block.
3. In City parks, outdoor vending shall be permitted during public park hours
of operation.
G. Outdoor vendors shall provide a trash receptacle for customers and ensure proper
disposal of customer trash. Prior to leaving any vending location, the outdoor vendor shall pick
up, remove, and dispose of all trash generated by the vending operations or the outdoor vendor's
customers within a.fifteen(15) foot radius of the vending location.
1. A stationary outdoor vendor shall maintain a clearly designated trash
receptacle in the immediate vicinity of the vending cart marked with a sign
requesting use by patrons. The trash receptacle shall be large enough to
accommodate customer litter without resort.to use of existing trash
receptacles located on any block for use by the general public. The outdoor
vendor's trash receptacle may not be left on the public right-of-way upon
leaving any vending location. The outdoor vendor shall not empty its trash
receptacle into a City refuse container.
2. A roaming outdoor vendor shall maintain a trash receptacle attached to the
vending cart marked with a sign requesting use by patrons. The trash
receptacle shall be large enough to accommodate customer litter without
resort to use of existing litter receptacles located on any block for use by the
general public. The outdoor vendor shall not empty its litter receptacle into
a City refuse container.
H. Outdoor vendors of food or food products shall possess and display in plain view
on the vending cart a valid mobile food facility permit from Riverside County Department of
Environmental Health.
I. Outdoor vendors shall possess at all times while vending a valid permit issued
pursuant to this chapter, as well as any other permit or license required by the City and any other
appropriate governmental agency. The permit shall be displayed in plain view on the vending cart.
J. Outdoor vendors shall comply with all applicable state and local laws, including
without limitation state food preparation, handling, and labeling requirements; fire codes and
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regulations; noise standards; parking requirements; and the Americans with Disabilities Act of
1990 and other disability access standards (both state and federal).
K. Vending carts shall not be chained, fastened,or affixed at any time to any building
or structure, fences and utilities, including, but not limited to lampposts, parking meters, traffic
signals, fire hydrants, benches, bus shelters, trash cans, street signs, trees, or other objects within
the public right-of-way. No vending cart shall become a permanent fixture on the vending site or
be considered an improvement to real property.
L. Autonomous vending is prohibited.
M. Vending carts shall not be left unattended or stored on public property, within the
public right-of-way, or on private property visible from the public right-of-way.
N. Outdoor vendors shall possess at all times while vending proof of liability
insurance.
O. Outdoor vendors shall not sell any of the following prohibited items:
1. Alcohol;
2. Cannabis;
3. Tobacco products,vapes, e-cigarettes;
4. Adult orientated material;
5. Weapons of any kind; or
6. Starter guns and fake knives.
P. The use of amplified sound is prohibited.
Q. Outdoor vending carts shall be maintained in a clean and neat manner.
R. Vending carts that will be operated,in the Old Town Specific Plan area shall not be
substantially different in appearance from stationary vending carts that are permitted to operate in
the Old Town Specific Plan area.
S. Outdoor vendors must ensure that food and merchandise are securely fastened to
the vending cart in such a manner that the food or merchandise does not fall off or extend outside
of the frame of the vending cart.
T. All signage and advertising related in any way to the outdoor vendor must be
attached to the vending cart or the outdoor vendor's person, and shall not be flashing or animated.
8.60.100 Administrative Citations.
A. A violation of this chapter by an outdoor vendor who has a valid permit from the
City is punishable only by an administrative citation pursuant to Chapter 1.21, in amounts not to
exceed the following:
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1. One hundred dollars ($100) for a first violation.
2. Two hundred dollars ($200) for a second violation within one year of the
first violation.
3. Five hundred dollars($500)for each additional violation within one year of
the first violation.
B. A person engaged in outdoor vending without a valid City outdoor vending permit
is punishable by an administrative citation pursuant to Chapter 1.21 in amounts not to exceed the
following, in lieu of the amounts set forth in paragraph A:
1. Two hundred fifty dollars($250) for a first violation.
2. Five hundred dollars ($500) for a second violation within one year of the
first violation.
3. One thousand dollars($1,000)for each additional violation within one year
of the first violation.
4. Upon proof of a valid outdoor vending permit issued by the City, the
administrative citations set forth in this paragraph shall be reduced to
amounts set forth in paragraph A.
C. A violation of this Chapter shall not be punishable as an infraction or misdemeanor.
No person alleged to have violated the provisions herein shall be subject to arrest except when
otherwise permitted by law.
D. Failure to pay an administrative citation issued pursuant to this section shall not be
punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or.any other
financial conditions beyond those authorized herein shall not be assessed.
E. When assessing administrative citations pursuant to this section,the hearing officer
shall take into consideration the person's ability to pay the fine.The City shall provide the person
with notice of his or her right to request an ability-to-pay determination and shall make available
instructions or other materials for requesting an ability-to-pay determination. The person may
request an ability-to-pay determination at adjudication or while the judgment remains unpaid,
including when a case is delinquent or has been referred to a comprehensive collection program.
F. If the person meets the criteria described in subdivision(a) or(b) of Government
Code Section 68632, the City shall accept, in full satisfaction, twenty (20) percent of an
administrative citation imposed pursuant to this chapter.
G. The hearing officer may allow a person to complete community service in lieu of
paying the total administrative citation, may waive the administrative citation, or may offer an
alternative disposition."
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Section 5. Section 12.04.060 (Solicitation prohibited.) of Chapter 12.04 (Park and
recreation area use regulations.) of Title 12 (Public services) of the Temecula Municipal Code is
hereby amended to read as follows (with additions shown in underline and deletions shown in
strikethrough):
"No person shall practice, carry on, conduct or solicit for any commercial occupation,
business or profession in any city park, or sell or offer for sale any food, beverage, merchandise,
article or anything whatsoever in any city park. This section shall not apply to any person acting
pursuant to a contract with the city or the Temecula community services district,or under a permit
granted by the commission or director, including_any_permit issued pursuant to Chapter 8.60."
Section 6. CE A. The City Council finds and determines that there.is no possibility
that the adoption of this Ordinance will have a significant effect on the environment.Accordingly,
this Ordinance is not subject to the requirements of the California Environmental Quality Act
(CEQA)pursuant to Sections 15061(b) (3) and 15378 of Division 6 of Title 14 of the California
Code of Regulations.
Section 7. Severability. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each
and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional
without regard to whether any portion of the Ordinance would be subsequently declared invalid or
unconstitutional.
Section 8. Effective Date. This Ordinance shall take affect thirty (30) days after its
adoption. The City Clerk is directed to certify to the enactment of this Ordinance and to cause this
ordinance to be published and/or posted as required by law.
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PASSED,APPROVED,AND ADOPTED by the City Council of the City of Temecula this
day of ,2019.
Michael S.Naggar,Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing
Ordinance No. 19- was duly introduced and placed upon its first reading at a meeting of the
City Council of the City of Temecula on the day of , 2019, and that thereafter, said
Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof
held on the day of ,2019,by the following vote:,
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
-12-
11086-0006\2285839v3.doc
NOTICE OF PUBLIC HEARING
Notice of Public Hearing
• A PUBLIC HEARING has been scheduled before the City of Temecula
—` PLANNING COMMISSION to consider the matter described below:
1989
CASE NO: LR18-1663 APPLICANT: City of Temecula
LOCATION: Citywide
PROPOSAL: In conformance with Senate Bill ('SB") No. 946 Sidewalk Vendors which became
effective January 1, 2019, an Ordinance of the City of Temecula to renumber
Chapter 5.20 Outdoor Vendors (Private Property)to Chapter 8.60 Outdoor Vendor
(Public and Private Property) in the Temecula Municipal Code regulating vendors
Citywide. Currently,the City of Temecula Municipal Code prohibits outdoor vending
in public parks and public right-of-way, in conflict with SB 946.
ENVIRONMENTAL: Pursuant to the California Environmental Quality Act (Public Resources Code
Sections 21000,et seq.("CEQA"),and the State CEQA Guidelines(California Code
of Regulations, Title 14, Sections 15000,-et seq.), the proposed project is exempt
from CEQA as there is no possibility that this Ordinance would have a significant
impact on the environment pursuant to State CEQA Guideline Section 15061(b)(3).
More specifically,this Ordinance merely incorporates State law, allowing applicants
to seek an Outdoor Vendor permit consistent with SB 946, pursuant to Government
Code Section 65915.
CASE PLANNER: Sara Toma, (951) 506-5185
PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers
DATE OF HEARING: April 17, 2019 TIME OF HEARING: 6:00 p.m.
The complete agenda packet(including any supplemental materials)will be available for viewing in the Main Reception
area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning
Commission Meeting. At that time,the packet may also be accessed on the City's website—TemeculaCA.aov and will be
available for public review at the respective meeting. Any writing distributed to a majority of the Commission regarding any
item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the
Temecula Civic Center(41000 Main Street,Temecula),8:00 a.m.—5:00 p.m. In addition,such material will be made available
on the City's website—TemeculaCA.aov—and will be available for public review at the meeting.
Any petition forjudicial review of a decision of the Planning Commission shall be filed within time required by,and controlled
by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial
review of, which attacks or seeks to set aside, or void any decision of the Planning Commission shafte limited to those
issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing
described in this notice.
Questions? Please call the Community Development Department at(951) 694-6400.
XTW NNINGU01MR1&M3 OUTDOOR VENDOR ORDNANCE101.PC DOCUMENTS0 1&1603 PC NOPH UPDATEDDOCX
ITEM 3
STAFF REPORT—PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
DATE OF MEETING: April_17, 2019
TO: Planning Commission Chairperson and members of the Planning
Commission
FROM: Luke Watson, Director of Community-Development
PREPARED BY: Eric Jones, Case Planner
PROJECT Planning Application .Number PA19-0041, a Conditional Use
SUMMARY: Permit to allow an ABC Type 47 License and live entertainment
on Saturdays and Sundays for Zabber Thai Fusion, .an.existing
restaurant located at 41789 Nicole Lane, Suite B1.
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: Andrew Wohlgemuth, on behalf of Zabber Thai Fusion
General Plan Community Commercial (CC)
Designation:
Zoning Designation: Community Commercial(CC)
Existing Conditions/
Land Use:
Site: Existing Shopping Center/Community Commercial.(CC)
North: Existing Shopping Center/Community Commercial (CC)
South: Existing Parking.$tructure and Office Building/Industrial Park(IP)
East: Nicole Lane, Existing Shopping Center / Community Commercial -
(CC)
West: Ynez Road, Existing Industrial Building/Industrial Park (IP)
Existing/Proposed Min/Max Allowable or Required
Lot Area: 3.32 Acres 0.91 Acres
Total Floor Area/Ratio: N/A N/A
1
Landscape Area/Coverage: N/A N/A
Parking Required/Provided: N/A N/A
AFFORDABLE HOUSING
Located in Affordable Housing Overlay Zone (AHOZ)? 0 Yes ® No
AHOZ Gain/Loss: +/-0 Units
BACKGROUND SUMMARY
On January 9, 2019, Andrew Wohlgemuth, on behalf of Zabber Thai Fusion, submitted Planning
Application PA19-0041, a Conditional Use Permit(CUP)to allow an existing restaurant to
upgrade an existing California Alcoholic Beverage Control (ABC)Type 41 License.(On-Sale
Beer&Wine-Eating Place) to an ABC Type 47 License (On-Sale General—Eating Place).
Staff has worked with the applicant to ensure that all concerns have been addressed, and the
applicant concurs with the recommended Conditions of Approval.
ANALYSIS
Zabber Thai Fusion currently maintains a Type 41 (On-Sale Beer and Wine — Eating Place)
license. The CUP will allow the applicant to obtain a Type 47 (On-Sale General - Eating Place)
license. This license will allow for beer, wine, and distilled spirits to be served. Minors will be
allowed on the premises.
Hours of operation for the restaurant will remain unchanged from. Monday through Thursday
11:00 A.M. —0:00 P.M. and Friday through Sunday 11:00 A.M. — 10:00 P.M. The CUP will also
allow for live entertainment. The entertainment will consist of live jazz on Saturday and Sunday
from 7:0.0 P.M.— 10:00 P.M.
According to ABC, five On-Sale licenses are permitted within Census Tract 0432.16 before
being considered "over-concentrated." Currently, thirty active licenses exist within the tract. The
over concentration designation is determined by ABC and is.based on the population of the
Census Tract. Findings of Public Convenience or Necessity (PC or N)will be made by ABC and
not the City since the use is a bona fide eating establishment.
LEGAL NOTICING REQUIREMENTS
Notice of the public hearing was.published in the U-T San Diego on April 8, 2018 and mailed to
the property owners within the required 600-foot radius.
ENVIRONMENTAL DETERMINATION
In accordance with the California Environmental Quality Act, the proposed project has been
deemed to be categorically exempt from further environmental.review (Section 15301, Class 1,
Existing Facilities).
The request for a Conditional Use Permit for a Type 47 (On-Sale General- Eating Place) ABC
license and live entertainment at Zabber Thai Fusion will be conducted in an existing building
2
and involves a negligible expansion of the existing and expected uses. Beer and wine sales are
already permitted at the restaurant under the applicant's Type 41 license. All access to public
utilities are available to the site. The proposed use, with issuance of a Conditional Use Permit, is
in conformance with all zoning requirements contained in 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.
The.business operates as a full-service restaurant with the primary purpose of offering a full
menu of food within an existing building. The proposed conditional use is consistent with the
City of Temecula General Plan, which specifies Community Commercial (CC) for this site, and
conditionally allows restaurants to operate with a Type 47(On-Sale General- Eating Place) and
live entertainment. The sale of distilled spirits with live entertainment would serve as incidental
uses to the establishment's operations.
The proposed conditional use is compatible with the nature, condition and development of
adjacent uses, .buildings and structures and the proposed conditional use will not adversely
affect the adjacent uses, buildings or structures.
The business operates within an existing building. As conditioned, the proposed conditional use
for a Type 47 (On-Sale General for a Bona Fide Public Eating Place) with,live entertainment is
compatible with the nature, condition and development of adjacent uses, buildings and
structures because the surrounding area includes similar uses such.as restaurant and.retail
establishments. These types of uses are commonly grouped together. In addition, the live
entertainment will be located'within the center of restaurant's floor plan and not be up against a
shared wall. The adjacent businesses will also be closed before live entertainment begins at
7.00 P.M. The proposed conditional use will not adversely affect the adjacent uses, buildings or
structures because the surrounding buildings are designed for restaurant and retail uses.
The site for a proposed conditional use is adequate in size and shape to accommodate the
yards, .walls, fences, -parking and loading facilities, buffer areas, landscaping, and. other
development features prescribed in the Development Code and required by the planning
commission or council in order to integrate the use with other uses.in the neighborhood.
The existing building was constructed in conformance with the Development Code, Building
Code, and Fire Code.. Therefore, the site for the proposed conditional use is adequate in size
and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas,
landscaping, and other development features prescribed in the Development Code and required
by the Planning Commission in order to integrate the use with other uses in the neighborhood.
The nature of the proposed conditional use is not detrimental to.the health, safety and general
welfare of the community.
The project meets all the requirements of the Development Code, Fire Code and Building Code,
which provided safeguards for the health, safety and general welfare of the community.
Therefore, the project is not anticipated to be detrimental to the health, safety and general
welfare of the community.
3
That the decision to approve, conditionally approve, or deny the application for a conditional use
permit be based on substantial evidence in view of the record as a whole before the Director of
Community Development, Planning Commission, or City Council on appeal.
The decision to conditionally approve the application for a Conditional Use Permit has been
based on substantial evidence in view of the record as a whole before the Planning
Commission.
ATTACHMENTS
1. Vicinity Map
2. Plan Reductions
3. Draft Planning Commission Resolution
4. Exhibit A- Draft Conditions of Approval
5. Statement of Operations
6. Notice of Public Hearing.
4
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VICINITY MAP
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The map PA19-"l mxd is maintained by City of Temecula GIS.Data and information represented on this map am subject to update
and modification.The City of Temecula assumes no warranty or legal responsibility for the information contained on this
map.Ths map is not for reprint or resale.Visit the City of Temecula GIS online at https:/Itemoculaca.gov/gis
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DRAFT PLANNING COMMISSION RESOLUTION
PC RESOLUTION NO. 19-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA19-0041, A CONDITIONAL USE
PERMIT TO ALLOW AN ABC TYPE 47 LICENSE AND
LIVE ENTERTAINMENT ON SATURDAYS AND SUNDAYS
FOR ZABBER THAI FUSION, AN EXISTING
RESTAURANT LOCATED AT 41789 NICOLE LANE,
SUITE B1, AND MAKING A FINDING OF EXEMPTION
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) (APN 921-680-031)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find,determine and declare that:
A. On January 9, 2019, Andrew Wohlgemuth, on behalf of Zabber Thai
Fusion, filed Planning Application No. PA19-0041, a Conditional Use Permit Application
in a manner in accord with.the City of Temecula General Plan and Development Code.
B. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the
Application and environmental review on April 17, 2019,.at a duly noticed public hearing
as prescribed by law, at which time the City staff and interested persons had an
opportunity to and did testify either in support or in opposition to this matter.
D. At the conclusion of the Planning Commission hearing and after-due
consideration of the testimony, the Planning Commission approved Planning Application
No. PA19-0041 subject to and based upon the findings set forth hereunder.
E. All legal preconditions to the adoption of the Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in approving the
Application hereby finds,:determines and declares that:
Conditional Use Permits, Development Code Section 17.04.010.E
A. The proposed conditional use is consistent with the General Plan and the
Development Code;
The business operates as a full-service restaurant with the primary purpose of offering a
full menu of food within an existing building. The proposed conditional use is consistent
with the City of Temecula General Plan, which specifies Community Commercial (CC)
for this site, and conditionally allows restaurants to operate with a Type 47 (On-Sale
General - Eating Place) and live entertainment. The sale of distilled spirits with live
entertainment would serve as incidental uses to the establishment's operations.
B. The proposed conditional use is compatible with the nature, condition and
development of adjacent uses, buildings and structures and the proposed conditional
use will not adversely affect the adjacent uses, buildings or structures.
The business operates within an existing building. As conditioned, the proposed
conditional use for a Type 47 (On-Sale General for a Bona Fide Public Eating Place)
with live entertainment is compatible with the nature, condition and development of
adjacent uses, buildings and structures because the surrounding area includes similar
uses such as restaurant and retail establishments. These types of uses are commonly
grouped together. In addition, the live entertainment will be located within the center of
restaurant's floor plan and not be-up against a shared wall. The adjacent businesses will also be
closed before live entertainment begins at 7.00 P.M. The proposed conditional use will not
adversely affect the adjacent uses, buildings or structures because the surrounding
buildings.are designed for restaurant and retail uses.
C. The site for a proposed conditional use is adequate in size and shape to
accommodate the yards, walls, fences, parking and loading facilities, buffer areas,
landscaping, and other.development features prescribed in the Development Code and
required by the planning commission or council in order to integrate the use with other
uses in the neighborhood.
The existing building was constructed in conformance with the Development Code,
Building Code, and Fire Code. Therefore, the site for the proposed conditional use is
adequate in size and shape 'to accommodate the yards, walls, fences, parking and
loading facilities, buffer areas,.landscaping, and other development features prescribed
in the Development Code and required by the Planning Commission in order to .
integrate the use with other uses in the neighborhood.
D. The nature of the proposed conditional use is not detrimental to the health,
safety and general welfare of the community.-
The project meets all the requirements of the Development Code, Fire Code and
Building Code, which provided safeguards for the health, safety and general welfare-of
the community. Therefore, the project is not anticipated to be detrimental to the health,
safety and general welfare of the community.
E. That the decision to approve, conditionally approve, or deny . the
application for a conditional use permit be based on substantial evidence in view of the
record as a whole before the Director of Community Development, Planning
Commission, or City Council on appeal.
The decision to conditionally approve the application for a Conditional Use Permit has
been based on substantial evidence in view of the record as a whole before the
Planning Commission.
Section 3. Environmental Findings. The Planning Commission hereby makes
the following environmental findings and determinations in connection with the approval
of the Conditional Use Permit Application:
A. In accordance with the California Environmental Quality Act, the proposed
project has been deemed to be categorically exempt from further environmental review
(Section 15301, Class 1, Existing Facilities);
The request for a Conditional Use Permit for a Type 47 (On-Sale General - Eating
Place) ABC license and live entertainment at Zabber Thai Fusion will be conducted in
an existing building and involves a negligible expansion of the existing and expected
uses. Beer and wine sales are already permitted at the restaurant under the applicant's
Type 41 license. All access to public utilities are available to the site. The proposed use,
with issuance of a Conditional Use Permit, is in conformance with all zoning
requirements contained in the Development Code.
Section 4. Conditions. The Planning Commission of the City of Temecula
approves Planning Application No. PA19-0041, a Conditional Use Permit to allow an
ABC Type 47 License and live entertainment on Saturdays and Sundays for Zabber
Thai Fusion, an existing restaurant located at 41789 Nicole Lane, Suite B1, 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 17th day of April, 2019.
Gary Watts, Chairman
ATTEST:
Luke Watson
Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby
certify that the forgoing PC Resolution No. 19- was duly and regularly adopted by
the Planning Commission of the City of Temecula at a regular meeting thereof held on
the 17th day of April, 2019, by the following vote:
AYES: PLANNING COMMISSIONERS:
NOES: PLANNING COMMISSIONERS:
ABSENT: PLANNING COMMISSIONERS:
ABSTAIN: PLANNING COMMISSIONERS:
Luke Watson
Secretary
EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA19-0041
Project Description: Zabber Thai Fusion CUP:A Conditional Use Permit to allow an ABC Type
47 License and live entertainment on Saturdays and Sundays for Zabber
Thai Fusion, an existing restaurant located at 41789 Nicole Lane, Suite B1.
Assessor's Parcel No.: 921-680-031
MSHCP Category: N/A(No New Square Footage or Grading)
DIF Category: N/A(No New Square Footage)
TUMF Category: N/A(No New Square Footage)
Quimby Category: N/A(Non-Residential Project)
New Street In-lieu of Fee: N/A(Project not Located within the Uptown Temecula Specific Plan)
Approval Date: April 17, 2019
Expiration Date: April 17, 2021
PLANNING DIVISION
Within 48 Hours of the Approval
1. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a
cashiers check or money order made payable-to the County Clerk in the amount of Fifty
Dollars ($50.00) for the County administrative fee, to enable the City to file the Notice of
Exemption as provided under Public Resources Code Section 21152 and California Code of
Regulations Section 15062. If within said 48-hour period the applicant/ developer has not
delivered to-the Planning Division the check as required above, the approval for the project
granted shall be void by _reason of failure of condition (Fish and Wildlife Code Section
711.4(c)).
General Requirements
2. Indemnification of the City. The applicant and owner of the real property subject to this
condition shall hereby agree.to indemnify, protect, hold harmless, and defend the City and its
attorneys from any and all claims, actions, awards,judgments, or proceedings against the City
to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly,from any
action in furtherance of and the approval of the City, or any agency or instrumentality thereof,
advisory agency, appeal board or legislative body including actions approved by the voters of
the City, concerning the Planning Application. The City shall be deemed for purposes of this
condition, to include any agency or instrumentality thereof, or any of its elected or appointed
officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall
promptly notify both the applicant and landowner of any claim, action, or proceeding to which
this condition is applicable and shall further cooperate fully in the defense of the action. The
City reserves the right to take any and all action the City deems to be in the best interest of
the City and its citizens in regards to such defense.
3. Expiration. This approval shall be used within two years of the approval date; otherwise, it
shall become null and- void. Use means the. beginning -of substantial construction
contemplated by this approval within the two year period, which is thereafter diligently
pursued to completion, or the beginning of substantial utilization contemplated by this
approval, or use of a property in conformance with a Conditional Use Permit.
4. Time Extension. The Director of Community Development may, upon an application being
filed prior to expiration, and for good cause, grant up to five extensions of time, one year at a
time.
5. 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. Water Qualitv and Drainage. Other-than stormwater, it is illegal to allow liquids, gels,
powders, sediment, fertilizers, landscape debris, and. waste from entering the storm drain
system or from leaving the property. To-ensure compliance with this Condition of Approval:
a. Spills and.leaks shall be cleaned up immediately.
b. Do not wash, maintain, or repair vehicles_onsite.
c. Do not.hose down parking areas, sidewalks, alleys, or gutters.
d. Ensure that all materials and products stored outside are protected from rain.
e. Ensure all trash bins are covered at all times.
7. Modifications or Revisions. The permittee shall obtain-City approval for any modifications or
revisions to the approval.of this project.
8. Bona Fide Eating Place. Type 47 (On Sale General) licensees must operate and maintain
their licensed premises as a bona fide eating place. The on-site sales and consumption of
alcohol are an incidental and ancillary use to the restaurant use.A licensee is presumed to be
operating as a bona fide eating place if the quarterly gross sales of food prepared and sold to
guests on the premises exceeds the gross sales of alcoholic beverages for the same period.
The licensee shall at all times maintain records which reflect separately the gross sales of
food and the gross sale of alcoholic beverages on the licensed premises.The records shall be
kept no less frequently than on a quarterly basis and shall be made available to the City, or its
designee, upon demand.A full menu shall be available for order during all hours that alcohol is
served. The premises where the licensee operates must possess a full restaurant kitchen
facility containing conveniences for cooking such as a working refrigerator and cooking
devices. The premises must offer sit down meal service and food menus. "Meals" means the
Usual assortment of food. commonly ordered at various hours of the day. The service of only
sandwiches or salads is not considered compliance with the requirement to provide meals.
The premises must comply with all regulations of the health department.
9. Food Service. The. bona fide public eating place shall serve a full menu at all hours that
alcohol is served.
10. . Statement of .Operations. The applicant shall comply with.their Statement of Operations
dated February 16, 2019, on file with the Planning Division, unless a conflict exists between
the Statement of Operations and these Conditions of Approval, in which case the Conditions
of Approval.control.
11. Revocation of .CUP.. This Conditional Use Permit may be revoked pursuant to Section
17.03.080 of the City's Development Code.
12. 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 mo,dify.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.
13. Posting. of. Local Transportation Providers. An. 8.5" z 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.
14. Termination of Alcohol Sales. The last call indicating the termination of the sale of alcohol
shall be.no less than one half(1/2) hour prior to closing for all nights of operation.
Prior to.Release of Power, Building Occupancy or Any Use Allowed by This Permit
15. Compliance.with Conditions of Approval. . All of the foregoing conditions shall be complied
with prior to occupancy or any use allowed by this permit.
POLICE DEPARTMENT
General Requirements
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. Undue Number of Calls for Service. Licensees may not permit their licensed premises to be
a problem for the local law enforcement agency by needing an undue number of calls for
service. The licensed premise includes the parking lot(Section 24200 (a)(B&P).
23. Maintain Premises as a Bona Fide Eating Place. Type 47 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).
24. No Alcohol Sales.Between 2:00 a.m. and 6:00 a.m. Licensees may not sell, give, or deliver
alcohol(by the drink or by the package) between.2:00 a:m. and 6:00 a.m. of the same day.
No person.may knowingly purchase alcohol between 2:00 a.m. and 6:00.a.m. Section 25631 .
B&P Code). Licensees may not permit patrons or employees to consume alcohol between
2:00 a.m. and 6:00 a.m. of the same day(even if someone bought the drinks before 2:00 a.m.
Section 25632 B&P). Some ABC licenses have special conditions(restrictions)as to hours of
sale that are stricter that the law. Those licenses are marked"Conditional" (23805. B&P).
25. 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).
26. 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).
27. 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.
28. 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.)
29. Questions Regarding Conditions. Any questions regarding these conditions. should be
directed to Temecula Police Department Crime Prevention and Plans Unit at(951)695-2773.
STATEMENT OF OPERATIONS
Statement of Operations
Zabber Thai Fusion'is a local family owned restaurant that has been operating in Temecula,Ca.,
since July 2015.We currently sell beer and wine and are seeking to expand our license to include
the sale of distilled spirits. The current amount of alcohol sales is 7A50/o. With the upgraded
license we expect to increase our sales to roughly 11%. Our hours of operation will remain the
same, open Monday to Thursday from 11 am-9pm and Friday to Sunday 11 am-1 Opm. The full
menu and wait service will be provided during all of our hours of operation. We employ 15 staff
members at various positions. All of the staff has been properly trained,to.include bartending
and alcohol awareness courses for those members that it pertains to.
We would like to include live music which would perform jazz every Saturday& Sunday from
7-10 pm:This diner and music night is an attempt to draw more customers to enjoy a nice
Sunday evening with the local community members and expose them to the restaurant food.
This will have no impact on the surrounding area as 90%of the businesses-located in the
Creekside Centre will be closed by 5pm. There are currently 1.87 parking spaces available for
customer use which is double of the restaurant capacity. We are expecting to begin these changes
immediately following the approval of the Conditional Use Permit.
NOTICE OF PUBLIC HEARING
Notice of Public Hearing
A PUBLIC HEARING has been scheduled before the City of Temecula
= PLANNING COMMISSION to consider the matter described below:
CASE NO: PA19-0041 APPLICANT: Andrew Wohlgemuth
PROPOSAL: A Conditional Use Permit to allow an ABC Type 47 License and live
entertainment on Saturdays and Sundays for Zabber Thai Fusion, an existing
restaurant located at 41789 Nicole Lane, Suite B1.
ENVIRONMENTAL: In accordance with the California Environmental Quality Act (CEQA), the
proposed project is exempt from further environmental review and a Notice of
Exemption will be adopted in compliance with CEQA (Section 15301, Class 1,
Existing Facilities)
CASE PLANNER: Eric Jones, (951) 506-5115
PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers
DATE OF HEARING: April 17, 2019 TIME OF HEARING: 6:00 p.m.
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The complete agenda packet(including any supplemental materials)will be available for viewing in the Main Reception area at
the Temecula Civic Center(41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting.
At that time, the packet may also be accessed on the City's website—TemeculaCA.gov and will be available for public review at
the respective meeting. Any writing distributed to a majority of the Commission regarding any item on the Agenda,after the posting
of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street,
Temecula), 8:00 a.m.—5:00 p.m. In addition, such material will be made available on the City's website—TemeculaCA.goy—and
will be available for public review at the meeting.
Any petition for judicial review of a decision of the Planning Commission shall be filed within time required by, and controlled by,
Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review
of, which attacks or seeks to set aside,or void any decision of the Planning Commission shall be limited to those issues raised at
the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice.
Questions? Please call the Community Development Department at (951) 694-6400.