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SPECIAL MEETING NOTICE/AGENDA
TEMECULA PLANNING COMMISSION MEETING
COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
SEPTEMBER 25, 2019 — 6:00 PM
Next in Order:
Resolution: 19-21
CALL TO ORDER: Chairperson
FLAG SALUTE: Commissioner Guerriero
ROLL CALL: Guerriero, Telesio, Turley-Trejo, Watts and Youmans
PUBLIC COMMENT
A total of 30 minutes is provided for members of the public to address the Commission on items that
appear on the Consent Calendar or a matter not listed on the Agenda. Each speaker is limited to three
minutes. If the speaker chooses to address the Planning Commission on an item listed on the Consent
Calendar or a matter not listed on the Agenda, a "Request to Speak" form may be filled out and filed
with the Commission Secretary prior to the Planning Commission addressing Public Comments and
the Consent Calendar. Once the speaker is called to speak, please come forward. For all Public
Hearing or Business items on the agenda, a "Request to Speak" form may be filed with the
Commission Secretary prior to the Planning Commission addressing that item. On those items, each
speaker is limited to five minutes.
CONSENT CALENDAR
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.
1 Minutes
RECOMMENDATION:
1.1 Approve the Action Minutes of August 21, 2019
2 Director's Hearing Summary Report
Planning Commission Special Meeting Notice/Agenda September 25, 2019
RECOMMENDATION:
2.1 Receive and File Director's Hearing Summary Report
BUSINESS
3 Formation and Appointment of General Plan Update Subcommittee
RECOMMENDATION:
3.1 Appoint two members of the Planning Commission to serve on the General Plan
Update Subcommittee
PUBLIC HEARING
Any person may submit written comments to the 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 a decision of the Planning
Commission may file an appeal of the Commission's decision. Said appeal must be filed within
fifteen (15) calendar days after service of written notice of the decision. The appeal must be filed on
the appropriate Community Development Department form and be accompanied by the appropriate
filing fee.
4 CONTINUED FROM AUGUST 21, 2019 MEETING: Planning Application PA19-0512, a
Conditional Use Permit for a California Alcoholic Beverage Control (ABC) Type 47 license
(On -Sale General — Eating Place) to allow for the sale of beer, wine, and distilled spirits for
the Coin -op Game Restaurant at 28588 Old Town Front Street, Eric Jones
RECOMMENDATION:
4.1 Adopt a resolution entitled:
PC RESOLUTION NO. 19-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION PA19-0512, A
CONDITIONAL USE PERMIT FOR A TYPE 47 ABC LICENSE (ON -SALE
GENERAL — EATING PLACE) TO ALLOW FOR THE SALE OF BEER,
WINE, AND DISTILLED SPIRITS AT THE COIN -OP GAME
RESTAURANT AT 28588 OLD TOWN FRONT STREET, AND MAKING A
FINDING OF EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) (APN 922-033-021)
COMMISSIONERS REPORTS
COMMISSION SUBCOMMITTEE REPORTS
Page 2
Planning Commission
Special Meeting Notice/Agenda September 25, 2019
COMMUNITY DEVELOPMENT DIRECTOR REPORT
PUBLIC WORKS DIRECTOR REPORT
ADJOURNMENT
The next regular meeting of the Planning Commission will be held on Wednesday, October 2, 2019,
at 6:00 p.m. in the Council Chambers located at 41000 Main Street, Temecula, California.
NOTICE TO THE PUBLIC
The full agenda packet (including staff reports and any supplemental material available after the original posting of
the agenda), 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 of the Temecula Civic Center during normal
business hours at least 72 hours prior to the meeting. The material will also be available on the City's website at
TemeculaCA.gov and available for review at the respective meeting. If you have questions regarding any item on
the agenda, please contact the Community Development Department at (951) 694-6444.
Page 3
ITEM 1
ACTION MINUTES
TEMECULA PLANNING COMMISSION
REGULAR MEETING
CITY COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
AUGUST 21, 2019 — 6:00 PM
Next in Order:
Resolution: 19-19
CALL TO ORDER: Chairperson Watts called the meeting to order at 6:00 PM
Flag Salute: Commissioner Youmans
ROLL CALL:
Present: Guerriero, Telesio, Watts, and Youmans
ABSENT: TURLEY-TREJO
Also Present: Watson, Fisk, Marroquin, Moreno, Cardenas, and Cooper
PUBLIC COMMENTS
There were no requests to speak during 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 July 17, 2019 APPROVED 4-0-1; MOTION
BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER
YOUMANS; AYE VOTES FROM COMMISSIONERS GUERRIERO,
TELESIO, WATTS, AND YOUMANS; TURLEY-TREJO ABSENT
Planning Commission Action Minutes
August 21, 2019
6:00 — 6:17 p.m.
PUBLIC HEARING ITEMS
2 Planning Application PA19-0512, a Conditional Use Permit for a California Alcoholic
Beverage Control (ABC) Type 47 license (On -Sale General — Eating Place) to allow for
the sale of beer, wine, and distilled spirits for the Coin -op Game Restaurant at 28588 Old
Town Front Street, Eric Jones CONTINUE THE ITEM OFF CALENDAR;
MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER
YOUMANS; AYE VOTES FROM COMMISSIONERS GUERRIERO, TELESIO,
WATTS, AND YOUMANS; TURLEY-TREJO ABSENT
3 Planning Application Number PA19-0739, a Conditional Use Permit to allow for an
ABC Type 47 On -Sale General (Restaurant) license for the future Buffalo Wild Wings
located at 32401 Temecula Parkway, Jaime Cardenas APPROVED 4-0-1; MOTION
BY COMMISSIONER YOUMANS, SECOND BY COMMISSIONER
GUERRIERO; AYE VOTES FROM COMMISSIONERS GUERRIERO,
TELESIO, WATTS, AND YOUMANS; TURLEY-TREJO ABSENT
RECOMMENDATION:
3.1 Adopt a resolution entitled:
PC RESOLUTION NO. 19-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. PA19-0739, A
CONDITIONAL USE PERMIT TO ALLOW FOR AN ABC TYPE 47 ON -
SALE GENERAL (RESTAURANT) LICENSE FOR THE FUTURE
BUFFALO WILD WINGS LOCATED AT 32401 TEMECULA PARKWAY,
AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) (APN 960-020-070)
4 Planning Application No. PA19-0894, a Modification to an existing Conditional Use
Permit (PA15-1187) for Home2 Suites by Hilton to allow for a Type 70 ABC License (On
Sale General - Restrictive Service) located at 28400 Rancho California Road, Scott Cooper
APPROVED 4-0-1; MOTION BY COMMISSIONER GUERRIERO, SECOND BY
COMMISSIONER TELESIO; AYE VOTES FROM COMMISSIONERS
GUERRIERO, TELESIO, WATTS, AND YOUMANS; TURLEY-TREJO
ABSENT
RECOMMENDATION:
4.1 Adopt a resolution entitled:
Page 2
Planning Commission Action Minutes
August 21, 2019
6:00 — 6:17 p.m.
PC RESOLUTION NO. 19-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. PA19-0894,
A MODIFICATION TO AN EXISTING CONDITIONAL USE PERMIT
(PA15-1187) FOR HOME2 SUITES BY HILTON TO ALLOW FOR A
TYPE 70 ABC LICENSE (ON SALE GENERAL - RESTRICTIVE
SERVICE) LOCATED AT 28400 RANCHO CALIFORNIA ROAD, AND
MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
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 6:17 p.m. to the next regular meeting:
Planning Commission, Wednesday, September 4, 2019, 6:00 PM City Council Chambers, 41000
Main Street, Temecula, California.
Gary Watts, Chairperson Luke Watson
Planning Commission Director of Community Development
Page 3
r
ITEM 2
CITY OF TEMECULA
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
MEMORANDUM
TO: Planning Commission Chairperson and members of the Planning Commission
FROM: Luke Watson, Director of Community Development
DATE: September 25, 2019
SUBJECT: Director's Hearing Summary Report
Community Development Director's Agenda item(s) for August and September 2019.
Date
Case No.
Proposal
Applicant
Action
August 22, 2019
PA19-0737
A Modification for Phil's BBQ for the
addition of approximately 514 square feet
as well as exterior elevation modifications
to an existing commercial building
Gary Seward
APPROVED
September 5, 2019
PA19-0817
A Conditional Use Permit for a vocational
Mike Pontious
PA19-0867
school, a Minor Exception for an
APPROVED
PA19-0868
approximately 7.5% reduction in the
required parking from 26 spaces to 24
spaces; and a Modification for the
installation of a playground, relocation of a
trash enclosure, installation of safety
fencing, a new 48" high wall around re-
located electrical transformers, and the
modification of existing storefront windows
to accommodate storefront doors for exiting
purposes
Attachments:
Action Agendas
ACTION AGENDA
ACTION AGENDA
TEMECULA COMMUNITY DEVELOPMENT DIRECTOR'S HEARING
MEETING
AUGUST 22, 2019 1:30 P.M.
TEMECULA CITY HALL
Great Oak Conference Room
41000 Main Street
Temecula, CA 92590
Next in Order:
DH Resolution: 19-03
CALL TO ORDER: Luke Watson, Director of Community Development
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public can address the Director of Community
Development on items that are not listed on the Agenda. Speakers are limited to three (3) minutes
each. If you desire to speak to the Director about an item not listed on the Agenda, a white
"Request to Speak" form may be filled out and filed with the Director.
When you are called to speak, please come forward and state your name and address.
Item No. 1 1:30 PM
Project Number: PA19-0737
Project Type: Modification Permit
Project Title: Phil's BBQ MOD
Applicant: Gary Seward
Project Description: A Modification for Phil's BBQ for the addition of approximately 514 square
feet as well as exterior elevation modifications to an existing commercial
building.
Location: 40830 Winchester Road
Environmental Action: Section 15301, Class 1, Existing Facilities
Project Planner: Scott Cooper, Case Planner
ACTION: APPROVED
The meeting was adjourned at 1:35 p.m.
NOTICE TO THE PUBLIC
The agenda packet (including staff reports) will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main
Street, Temecula) after 4:00 PM the Friday before the Director's Hearing. At that time, the agenda packet may also be accessed on the City's website —
www.citvoftemecula.org — and will be available for public viewing at the respective meeting.
Supplemental material received after the posting of the Agenda
Any supplemental material distributed regarding any item on the agenda, after the posting of the agenda, will be available for public viewing in the Main
Reception area at the Temecula Civic Center (41000 Main Street, Temecula, 8:00 AM — 5:00 PM). In addition, such material may be accessed on the
City's website — www.cityoftemecula.org — and will be available for public viewing at the respective meeting.
If you have questions regarding any item on the agenda for this meeting, please contact the Planning Department at the Temecula Civic Center, (951)
694-6400.
ACTION AGENDA
TEMECULA COMMUNITY DEVELOPMENT DIRECTOR'S HEARING
MEETING
SEPTEMBER 5, 2019 1:30 P.M.
TEMECULA CITY HALL
Great Oak Conference Room
41000 Main Street
Temecula, CA 92590
Next in Order:
DH Resolution: 19-04
CALL TO ORDER: Luke Watson, Director of Community Development
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public can address the Director of Community
Development on items that are not listed on the Agenda. Speakers are limited to three (3) minutes
each. If you desire to speak to the Director about an item not listed on the Agenda, a white
"Request to Speak" form may be filled out and filed with the Director.
When you are called to speak, please come forward and state your name and address.
Item No. 1 1:30 PM
Project Number:
Project Type:
Project Title:
Applicant:
Project Description:
Location:
Environmental Action:
Project Planner:
ACTION:
PA19-0817 / PA19-0867 / PA19-0868
Conditional Use Permit
Together We Grow CUP
Mike Pontious
A Conditional Use Permit for a vocational school, a Minor Exception for an
approximately 7.5% reduction in the required parking from 26 spaces to 24
spaces; and a Modification for the installation of a playground, relocation of a
trash enclosure, installation of safety fencing, a new 48" high wall around re-
located electrical transformers, and the modification of existing storefront
windows to accommodate storefront doors for exiting purposes.
42389 Winchester Road
Section 15301, Class 1, Existing Facilities
Scott Cooper, Case Planner
APPROVED
The meeting was adjourned at 1:43 p.m.
NOTICE TO THE PUBLIC
The agenda packet (including staff reports) will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main
Street, Temecula) after 4:00 PM the Friday before the Director's Hearing. At that time, the agenda packet may also be accessed on the City's website —
www.cityoftemecula.org — and will be available for public viewing at the respective meeting.
Supplemental material received after the posting of the Agenda
Any supplemental material distributed regarding any item on the agenda, after the posting of the agenda, will be available for public viewing in the Main
Reception area at the Temecula Civic Center (41000 Main Street, Temecula, 8:00 AM — 5:00 PM). In addition, such material may be accessed on the
City's website — www.cityoftemecula.org — and will be available for public viewing at the respective meeting.
If you have questions regarding any item on the agenda for this meeting, please contact the Planning Department at the Temecula Civic Center, (951)
694-6400.
ITEM 3
FORMATION AND APPOINTMENT
OF A GENERAL PLAN UPDATE
SUBCOMMITTEE
(1) APPOINT TWO MEMBERS OF THE PLANNING
COMMISSION TO SERVE ON THE GENERAL
PLAN UPDATE SUBCOMMITTEE
STAFF REPORT — PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
TO: Planning Commission Chairperson and members of the Planning
Commission
FROM: Luke Watson, Director of Community Development
DATE OF MEETING: September 25, 2019
PREPARED BY: Eric Jones, Case Planner
PROJECT Planning Application PA19-0512, a Conditional Use Permit for a
SUMMARY: California Alcoholic Beverage Control (ABC) Type 47 license (On -
Sale General — Eating Place) to allow for the sale of beer, wine, and
distilled spirits for the Coin -op Game Restaurant at 28588 Old Town
Front Street
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: Steve Rawlings, Alcoholic Beverage Specialists
General Plan
Designation:
Specific Plan Implementation (SPI)
Zoning Designation: Specific Plan 5 (Old Town)
Existing Conditions/
Land Use:
Site: Commercial Structure / Specific Plan Implementation (SPI)
North: Alley, Existing Commercial Structure / Specific Plan
Implementation (SPI)
South: Fourth Street, Existing Commercial Structure / Specific Plan
Implementation (SPI)
East: Existing Commercial Structure / Specific Plan Implementation (SPI)
West: Old Town Front Street, Existing Commercial Structures / Specific
Plan Implementation (SPI)
Existing/Proposed Min/Max Allowable or Required
Lot Area: 0.19 Acres 0.08 Acres
Total Floor Area/Ratio: N/A N/A
Landscape Area/Coverage: N/A N/A
Parking Required/Provided: N/A N/A
AFFORDABLE HOUSING
Located in Affordable Housing Overlay Zone (AHOZ)? ❑ Yes ® No
AHOZ Gain/Loss: +/- 0 Units
BACKGROUND SUMMARY
On March 27, 2019, Steve Rawlings on behalf of Coin -Op Game Restaurant, submitted Planning
Application PA19-0512. The application is for a Conditional Use Permit to allow a new
restaurant (Coin -Op) to obtain an ABC Type 47 license (On -Sale General — Eating Place). The
use will be located within a recently constructed three-story building that was originally
approved by the Planning Commission on December 16, 2015.
Staff has worked with the applicant to ensure that all concerns have been addressed, and the
applicant concurs with the recommended Conditions of Approval.
ANALYSIS
The Coin -Op Game Restaurant will be a new restaurant within the recently constructed three-
story structure located on the northeast comer of Old Town Front Street and Fourth Street. The
restaurant will occupy the entire first floor. The restaurant will provide a full menu (attached). A
variety of classic video and pinball games will also be available for customers to play. Live
entertainment, dancing, and karaoke are not proposed as part of the application. The proposed
hours of operation are as follows:
• Monday — Friday: 4:00 P.M. to 2:00 A.M.
• Saturday — Sunday: 10:00 A.M. to 2:00 A.M.
• Patios: Closed by 12:00 A.M. Daily
The Conditional Use Permit will allow the applicant to obtain a California Alcoholic Beverage
Control (ABC) Type 47 license (On -Sale General — Eating Place). This license will allow the
restaurant to serve beer, wine, and distilled spirits inside as well as on the patio. Each manager,
bartender and server will complete an ABC approved Responsible Beverage Sales and Service
program (L.E.A.D.) within thirty days of being hired.
Security guards will be employed from 12:00 P.M. to closing on weekends. There will be one
guard per fifty guests. The restaurant will also utilize eight interior and four exterior security
cameras. The video from these cameras will be held for at least thirty days and made available to
law enforcement upon request.
LEGAL NOTICING REQUIREMENTS
Notice of the public hearing was published in the SD Union Tribune September 12, 2019 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 project will allow for a proposed restaurant to offer the sale of alcoholic beverages within a
recently completed commercial structure. Restaurants are an allowable use within the
Downtown Core District of the Specific Plan and it is common for restaurants to offer alcoholic
beverages. The application does not propose any revisions to the approved structure or site.
Therefore, the operation of this structure allows the sale of alcohol is a negligible expansion of
use beyond that which exists under the current conditions.
FINDINGS
Conditional Use Permit (Section 17.04.O10.E)
The proposed conditional use is consistent with the General Plan and the Development Code.
The proposed Conditional Use Permit will allow a proposed restaurant the ability to serve
alcohol beverages to customers. It is not uncommon for restaurants to offer alcohol for
customers. Alcohol serving restaurants are an allowable use within the General Plan,
Development Code, and Old Town Specific Plan upon the approval of a Conditional Use Permit.
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 conditional use will allow a proposed restaurant to serve alcoholic beverages. This type of
use is permitted in the Downtown Core district of the Old Town Specific Plan upon the approval
of a Conditional Use Permit. Alcohol serving restaurants already exist in Old Town. For
example, directly across the alley to the north are three establishments that serve alcohol. In
addition, the use has been reviewed to ensure consistency with the City of Temecula
Development Code. This Code contains provisions designed to provide for the use's
compatibility with the nature, condition and development of adjacent uses, buildings and
structures. Therefore, the use is considered compatible with the nature, condition and
development of adjacent uses, buildings and structures. The conditional use is not anticipated to
adversely affect the adjacent uses, buildings or structures.
The site for a proposed conditional use is adequate in size and shape to accommodate the yards,
walls, fences, parking and loading facilities, buffer areas, landscaping, and other development
features prescribed in this Development Code and required by the Planning Commission or
council in order to integrate the use with other uses in the neighborhood.
The proposed conditional use will be located within a recently constructed commercial building
within the Downtown Core district of the Old Town Specific Plan. This structure is adequate in
size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer
areas, and other developmental features prescribed in the Development Code and required by
the Planning Commission or Council in order to integrate the conditional 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 conditional use has been reviewed to ensure consistency with the Building, Fire, and
Development Codes. These codes contain provisions designed to ensure for the public health,
safety, and general welfare of the community.
That the decision to approve, conditionally approve, or deny the application for a conditional use
permit be based on substantial evidence in view of the record as a whole before the Planning
Director, Planning Commission, or City Council on Appeal.
The decision to conditionally approve the project will be made before the Planning Commission
or City Council on appeal.
ATTACHMENTS: 1. Vicinity Map
2. Plan Reductions
3. PC Resolution
4. Exhibit A - Draft Conditions of Approval
5. Statement of Operations
6. Menu
7. Notice of Public Hearing
VICINITY MAP
922-033-021 CITY OF TEMECULA PA19-0512
1 inch = 200 feet 1:2,400
0 200
1 1 t
Date Created: 8/1/2019
400 Feet
Wine Country
The map PA19-0512.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to update
and modification. The City of Temecula assumes no warranty or legal responsibility for the information Contained on this
map. This map is not for reprint or resale. Visit the City of Temecula GIS online at https://temeculaca.gov/gls
PLAN REDUCTIONS
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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 PA19-0512, A CONDITIONAL USE
PERMIT FOR A TYPE 47 ABC LICENSE (ON -SALE
GENERAL — EATING PLACE) TO ALLOW FOR THE
SALE OF BEER, WINE, AND DISTILLED SPIRITS AT
THE COIN -OP GAME RESTAURANT AT 28588 OLD
TOWN FRONT STREET, AND MAKING A FINDING OF
EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) (APN 922-033-
021)
Procedural Findings. The Planning Commission of the City of Temecula does hereby find,
determine and declare that:
A. On March 27, 2019, Steve Rawlings, filed Planning Application PA19-0512, a
Conditional Use Permit Application in a manner in accord with the City of Temecula General
Plan and Development Code.
B. The Application was processed including, but not limited to a public notice, in the
time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the Application and
environmental review on September 18, 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 PA 19-
0512 subject to and based upon the findings set forth hereunder.
E. All legal preconditions to the adoption of the Resolution have occurred.
Further Findings. The Planning Commission, in approving the Application hereby finds,
determines and declares that:
Conditional Use Permit, Development Code (Section 17.04.010.E)
A. The proposed use is in conformance with the General Plan for Temecula and with
all applicable requirements of State law and other Ordinances of the City;
The proposed Conditional Use Permit will allow a proposed restaurant the ability to
serve alcohol beverages to customers. It is not uncommon for restaurants to offer alcohol
for customers. Alcohol serving restaurants are an allowable use within the General Plan,
Development Code, and Old Town Specific Plan upon the approval of a Conditional Use
Permit.
B. The proposed conditional use is compatible with the nature, condition and
development of adjacent uses, buildings and structures and the proposed conditional use will not
adversely affect the adjacent uses, buildings or structures.
The conditional use will allow a proposed restaurant to serve alcoholic beverages. This
type of use is permitted in the Downtown Core district of the Old Town Specific Plan
upon the approval of a Conditional Use Permit. Alcohol serving restaurants already exist
in Old Town. For example, directly across the alley to the north are three establishments
that serve alcohol. In addition, the use has been reviewed to ensure consistency with the
City of Temecula Development Code. This Code contains provisions designed to provide
for the use's compatibility with the nature, condition and development of adjacent uses,
buildings and structures. Therefore, the use is considered compatible with the nature,
condition and development of adjacent uses, buildings and structures. The conditional
use is not anticipated to adversely affect the adjacent uses, buildings or structures.
C. The site for a proposed conditional use is adequate in size and shape to
accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping,
and other development features prescribed in this Development Code and required by the
Planning Commission or council in order to integrate the use with other uses in the
neighborhood.
The proposed conditional use will be located within a recently constructed commercial
building within the Downtown Core district of the Old Town Specific Plan. This structure
is adequate in size and shape to accommodate the yards, walls, fences, parking and
loading facilities, buffer areas, and other developmental features prescribed in the
Development Code and required by the Planning Commission or Council in order to
integrate the conditional 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 conditional use has been reviewed to ensure consistency with the Building, Fire, and
Development Codes. These codes contain provisions designed to ensure for the public
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 Planning Director, Planning Commission, or City Council on Appeal.
The decision to conditionally approve the project will be made before the Planning
Commission or City Council on appeal.
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 project will allow for a proposed restaurant to offer the sale of alcoholic beverages
within a recently completed commercial structure. Restaurants are an allowable use
within the Downtown Core District of the Specific Plan and it is common for restaurants
to offer alcoholic beverages. The application does not propose any revisions to the
approved structure or site. Therefore, the operation of this structure allows the sale of
alcohol is a negligible expansion of use beyond that which exists under the current
conditions.
Conditions. The Planning Commission of the City of Temecula approves Planning Application
PA19-0512, a Conditional Use Permit for a Type 47 ABC license (On -Sale General — Eating
Place) to allow for the sale of beer, wine, and distilled spirits at the Coin -op Game Restaurant at
28588 Old Town Front Street, subject to the Conditions of Approval set forth on Exhibit A,
attached hereto, and incorporated herein by this reference.
PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Commission this 25th day of September, 2019.
ATTEST:
Luke Watson
Secretary
[SEAL]
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA
)
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)
Gary Watts, Chairperson
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 25th day of
September 2019, by the following vote:
AYES: PLANNING COMMISSIONERS:
NOES: PLANNING COMMISSIONERS:
ABSTAIN: PLANNING COMMISSIONERS:
ABSENT: PLANNING COMMISSIONERS:
Luke Watson
Secretary
EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
Planning Application No.:
Project Description:
Assessor's Parcel No.:
MSHCP Category:
DIF Category:
TUMF Category:
Quimby Category:
New Street In -lieu of Fee:
Approval Date:
Expiration Date:
PLANNING DIVISION
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
PA19-0512
A Conditional Use Permit for a Type 47 ABC license (On -Sale General — Eating
Place) to allow for the sale of beer, wine, and distilled spirits for a Coin -op
Game Restaurant at 28588 Old Town Front Street
922-033-021
N/A (Conditional Use Permit for Alcohol)
N/A (Conditional Use Permit for Alcohol)
N/A (Conditional Use Permit for Alcohol)
N/A (Non -Residential Project)
N/A (Not Located within the Uptown Temecula Specific Plan)
September 25, 2019
September 25, 2021
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. Consistency with Specific Plans. This project and all subsequent projects within this site shall be
consistent with Specific Plan No. 5 (Old Town).
6. 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.
7. Signage Permits. A separate building permit shall be required for all signage.
8. Water Quality 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.
9. Modifications or Revisions. The permittee shall obtain City approval for any modifications or
revisions to the approval of this project.
10. Bona Fide Eating Place. Type 41 (On Sale Beer and Wine), 47 (On Sale General), and 49 (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.
11. Food Service. The bona fide public eating place shall serve a full menu at all hours that alcohol is
served.
12. Statement of Operations. The applicant shall comply with their Statement of Operations dated
January 29, 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.
13. Previous Conditions of Approval. All previous Conditions of Approval from PA15-0694 shall
remain in full effect unless superseded herein.
14. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080
of the City's Development Code.
15. City Review and Modification of CUP. The City, its Director of Community Development,
Planning Commission, and City Council retain and reserve the right and jurisdiction to review and
modify this Conditional Use Permit (including the Conditions of Approval) based on changed
circumstances. Changed circumstances include, but are not limited to, the modification of
business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration,
reconfiguration or change of use. The reservation of right to review any Conditional Use Permit
granted or approved or conditionally approved hereunder by the City, its Director of Community
Development, Planning Commission and City Council is in addition to, and not in -lieu of, the right
of the City, its Director of Community Development, Planning Commission, and City Council to
review, revoke or modify any Conditional Use Permit approved or conditionally approved
hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the
maintenance of any nuisance condition or other code violation thereon.
16. Posting of Local Transportation Providers. An 8.5" x 11" (or larger) sign listing local
transportation service providers and corresponding telephone numbers shall be posted at a
conspicuous location within the building. Information to assist in the compilation of this sign may
be obtained through the Temecula Valley Chamber of Commerce at (951) 676-5090.
17. 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.
POLICE DEPARTMENT
General Requirements
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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).
25. Maintain Premises as a Bona Fide Eating Place. Type 41, 47 and 49 licensees must operate and
maintain their licensed premises as a bona fide eating place. They must make actual and
substantial sale of meals, during the normal meal hours that they are open, at least five days a
week. Normal meal hours are: breakfast 6:00 a.m. — 9:00 a.m., lunch 11:00 a.m. — 2:00 p.m., and
dinner 6:00 p.m. — 9:00 p.m. Premises that are not open five days a week must serve meals on the
days they are open. The premises must be equipped and maintained in good faith. This means
the premises must possess working refrigeration and cooking devices, pots, pans, utensils, table
service, condiment dispensers, menus, posters, signs, and enough goods to make substantial meals.
The premises must comply with all regulations of the local health department. Incidental,
sporadic or infrequent sales of meals or a mere offering of meals without actual sales is not
compliance. "Meals" means the usual assortment of food commonly ordered at various hours of
the day. The service of only sandwiches or salads is not considered compliance. However,
certain specialty entrees, such as pizza, fish or ribs, and an assortment of other foods, such as
soups, salads or desserts, may be considered a meal. The Department will presume that a licensee
is operating as a bona fide eating place if the gross sales of food prepared and sold to guests on the
premises exceeds the gross sales of alcoholic beverages. "Prepared" means any processing
preliminary to the final serving of food. (Note: Some licensees have a "conditional" license that
requires food sales to be 50% or more of the total gross sales Sections 23038 and 23787 B&P).
26. 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).
27. 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).
28. 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).
29. 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.
30. 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.)
31. Questions Regarding Conditions. Any questions regarding these conditions should be directed to
the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132.
STATEMENT OF OPERATIONS
Section C: Statement of Operations
Coin Op Game Room/Restaurant — Alcohol Sales
28588 Old Town Front Street, Temecula, CA
January 29, 2019
Proposed Use:
A permit to sell beer, wine and spirits (ABC Type 47 License) at a sit down restaurant, inside as well as on
the patio. No live entertainment, dancing or karaoke is proposed. Tenant improvements to be done
under separate permit.
Hours of Operations:
• Monday — Friday 4:00 pm to 2:00 am
• Saturday — Sunday 12:00 pm to 2:00 am
• Patios: Close by 12:00 am daily
Employee Training:
All Coin Op Game Room/Restaurant managers, bartenders and servers will complete a CA Dept. of
Alcoholic Beverage Control approved Responsible Beverage Sales and Service program (L.E.A.D.) within
30 days of being hired.
Security Guards:
Restaurant will employ certified security guards from 12 pm to closing on weekends. There will be 1
guard per 50 guests.
Security Cameras:
Interior: 8 Cameras
Exterior: 4 Cameras
Video is stored for at least 30 days and will be made available to law enforcement upon request.
Number of Employees: 35 Employees, 7 employees during slow times, 15 employees during busy times.
Estimated Daily Customers: 300
Menu: See Attached
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NOTICE OF PUBLIC HEARING
CASE NO:
Notice of Public Hearing
A PUBLIC HEARING has been scheduled before the City of Temecula
PLANNING COMMISSION to consider the matter described below:
PA19-0512 APPLICANT: Steve Rawlings
PROPOSAL: A Conditional Use Permit for a Type 47 ABC license (On -Sale General — Eating Place) to
allow for the sale of beer, wine, and distilled spirits for the Coin -op Game Restaurant at 28588 Old Town
Front Street
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: September 25, 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.qov 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.qov — 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.