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Home My WebLink About09162020 PC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35 .102.35.104 ADA Title II]. AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA SEPTEMBER 16, 2020 - 6:00 PM IMPORTANT NOTICE REGARDING MEETING This meeting is being conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. In accordance with this order, the public may view/listen to the meeting online at https://temeculaca.gov/tv and not in person at City Hall. Submission of Public Comments: For those wishing to make public comments at this meeting, please submit your comments by email to the Principal Management Analyst at lynn .lehner@temeculaca.gov. Email comments on matters not on the agenda must be submitted prior to the Public Comments item being called. Email comments on an agenda item must be submitted prior to the close of public comments on that agenda item. All email comments shall be subject to the same rules as would otherwise govern speaker comments at noticed meetings. Electronic comments may only be submitted via email and comments via text and social media (Facebook, Twitter, etc.) will not be accepted . Reading of Public Comments: Email comments will be read into the record, provided that the reading shall not exceed three (3) minutes, or such other time as the Planning Commission may provide, consistent with the time limit for speakers at noticed meetings . CALL TO ORDER: Chairperson Turley-Trejo FLAG SALUTE: Commissioner Watts ROLL CALL: Guerriero, Telesio, Turley-Trejo, Watts, Youmans PUBLIC COMMENT A total of 30 minutes is provided for members of the public to address the Planning Commission on items that appear on the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. For all Public Hearing or Business items on the agenda, each speaker is limited to five minutes. For this meeting, public comments may be submitted and read into the record pursuant to the important notice provided at the top of this agenda. CONSENT CALENDAR Page 1 Planning Commission Agenda September 16, 2020 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 Approve the Action Minutes of August 19, 2020Recommendation: Action MinutesAttachments: BUSINESS 2.General Plan Consistency Review for an Amendment to the Fiscal Year 2021-25 Capital Improvement Program (Long Range Planning Project No. LR20-0971), Sara Toma Adopt resolution entitled: PC RESOLUTION NO. 2020- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA MAKING A FINDING OF CONSISTENCY WITH THE GENERAL PLAN FOR THE AMENDMENT OF FISCAL YEAR 2021-2025 CAPITAL IMPROVEMENT PROGRAM (“CIP”), TO ADD ONE NEW PROJECT CALLED NICOLAS ROAD MULTI-USE TRAIL EXTENSION, AND MAKING A FINDING OF EXEMPTION UNDER SECTIONS 15061(B)(3), 15262 AND 15378(B)(4) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) (LONG RANGE PLANNING PROJECT NO. LR20-0971) Recommendation: Agenda Report Planning Commission Resolution Project Location Map Nicolas Road Multi-Use Trail Extension Project Sheet Attachments: PUBLIC HEARING Any person may submit written comments to the Planning Commission before or during a public hearing in support of or in opposition to the approval of the project(s) in the manner prescribed in the important notice at the top of the agenda. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence 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. 3.Planning Application Number PA20-0628, a Conditional Use Permit to allow a new restaurant located at 41923 2nd Street, Suite 106, to obtain a California Alcoholic Beverage Control Type 47 License (On-Sale General - Eating Place) and offer live entertainment, and making a finding Page 2 Planning Commission Agenda September 16, 2020 of exemption under Section 15301 of the California Environmental Quality Act, Eric Jones Adopt a resolution entitled: PC RESOLUTION NO. 2020- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA20-0628, A CONDITIONAL USE PERMIT TO ALLOW A NEW RESTAURANT LOCATED AT 41923 2ND STREET, SUITE 106, TO OBTAIN A CALIFORNIA ALCOHOLIC BEVERAGE CONTROL TYPE 47 LICENSE (ON-SALE GENERAL - EATING PLACE) AND OFFER LIVE ENTERTAINMENT, AND MAKING A FINDING OF EXEMPTION UNDER SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (APN 922-043-027) Recommendation: Agenda Report Vicinity Map Plan Reductions Planning Commission Resolution Exhibit A - Draft Conditions of Approval Statement of Operations Notice of Public Hearing Notice of Exemption Attachments: COMMISSIONER REPORTS COMMISSION SUBCOMMITTEE REPORTS COMMUNITY DEVELOPMENT DIRECTOR REPORT PUBLIC WORKS DIRECTOR REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be held on Wednesday, October 7, 2020, at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC Due to the closure of City Hall, the library and other city facilities due to the COVID-19 pandemic, the full agenda packet (Including staff reports and any supplemental material available after the original posting of the agenda), will only be available for viewing on the City’s website at https://temeculaca.legistar.com/Calendar.aspx at least 72 hours prior to meeting. If you have questions regarding an item on the agenda, please contact the Community Development Department at (951) 694-6400. Page 3 Item No. 1 Page 1 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA AUGUST 19, 2020 - 6:00 PM IMPORTANT NOTICE REGARDING MEETING This meeting was conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. In accordance with this order, the public may view/listen to the meeting online at https://temeculaca.gov/tv and not in person at City Hall. Submission of Public Comments: For those wishing to make public comments at this meeting, please submit your comments by email to the Principal Management Analyst at lynn.lehner@temeculaca.gov. Email comments on matters not on the agenda must be submitted prior to the Public Comments item being called. Email comments on an agenda item must be submitted prior to the close of public comments on that agenda item. All email comments shall be subject to the same rules as would otherwise govern speaker comments at noticed meetings. Electronic comments may only be submitted via email and comments via text and social media (Facebook, Twitter, etc.) will not be accepted. Reading of Public Comments: Email comments will be read into the record, provided that the reading shall not exceed three (3) minutes, or such other time as the Planning Commission may provide, consistent with the time limit for speakers at noticed meetings. CALL TO ORDER at 6:00 PM: Chairperson Turley-Trejo FLAG SALUTE: Commissioner Youmans ROLL CALL: Guerriero, Telesio, Turley-Trejo, Watts, Youmans PUBLIC COMMENT - None CONSENT CALENDAR 1. Minutes Recommendation: Approve the Action Minutes of August 5, 2020 Approved the Staff Recommendation as amended (5-0) Motion by Youmans, Second by Guerriero. The vote reflected unanimous approval. Page 1 BUSINESS 2. Director's Hearing Summary Report Recommendation: Receive and File Director's Hearing Summary Report Received and File. (5-0) Motion by Guerriero, Second by Telesio. The vote reflected unanimous approval. PUBLIC HEARING 3. Planning Application Nos. PA19-0940 and PA19-0941, a Development Plan and Conditional Use Permit for the construction of an approximately 91,002 square foot, two story, 107 unit assisted living and memory care facility located on the southeast corner of Margarita Road and Solana Way, Scott Cooper Recommendation: Adopt a resolution entitled: PC RESOLUTION NO. 2020-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA ADOPTING THE FINAL MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE SOLANA WAY ASSISTED LIVING AND MEMORY CARE PROJECT CONSISTING OF AN APPROXIMATELY 91,002 SQUARE FOOT, TWO STORY, 107 UNIT BUILDING GENERALLY LOCATED ON THE SOUTHEAST CORNER OF MARGARITA ROAD AND SOLANA WAY PC RESOLUTION NO. 2020-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA19-0941, A CONDITIONAL USE PERMIT FOR A PARKING AREA FOR THE ASSISTED LIVING AND MEMORY CARE PROJECT LOCATED ON THE SOUTHEAST CORNER OF MARGARITA ROAD AND SOLANA WAY PC RESOLUTION NO. 2020-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA19-0940, A DEVELOPMENT PLAN FOR AN APPROXIMATELY 91,002 SQUARE FOOT, TWO STORY, 107 UNIT ASSISTED LIVING AND MEMORY CARE FACILITY LOCATED ON THE SOUTHEAST CORNER OF MARGARITA ROAD AND SOLANA WAY Approved the Staff Recommendation (5-0) Motion by Youmans, Second by Guerriero. The vote reflected unanimous approval. Page 1 COMMISSIONER REPORTS COMMISSION SUBCOMMITTEE REPORTS COMMUNITY DEVELOPMENT DIRECTOR REPORT PUBLIC WORKS DIRECTOR REPORT ADJOURNMENT At 6:34 PM, the Planning Commission meeting was formally adjourned to Wednesday, September 2, 2020, at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Lanae Turley-Trejo, Chairperson Luke Watson, Director of Community Development Item No. 2 1 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 16, 2020 PREPARED BY: Sara Toma, Assistant Planner PROJECT SUMMARY: General Plan Consistency Review for an Amendment to the Fiscal Year 2021-25 Capital Improvement Program (LR20-0971) CEQA: Exempt: Not a Project as defined by CEQA Guidelines Section 15378(b)(4) RECOMMENDATION: Staff recommends that the Planning Commission review the proposed amendment to the Fiscal Years (FY) 2021-2025 Capital Improvement Program (CIP) and make a determination that the proposed amendment is in conformance with the adopted City of Temecula General Plan BACKGROUND SUMMARY Government Code Section 65103 of State Planning and Zoning Law requires that the Planning Commission review and provide comments to the City Council regarding the conformity of the proposed amendment to the Fiscal Year 2021-2025 Capital Improvement Program (CIP) with the adopted General Plan. On June 09, 2020, the City Council approved the CIP Budget for FY 2021- 2025. The CIP included a number of projects to be completed during the five-year Capital Improvement Program. In addition to the approved CIP, staff is recommending one (1) new project called Nicolas Road Multi-Use Trail. Prior to Council appropriating funding to the project, the Planning Commission must first make the findings that the project is consistent with the General Plan. The Nicolas Road Multi-Use Trail Extension is part of the City’s larger effort to connect our existing trails and bikeways and complete the Temecula Loop. This Trail will close the gap between our existing Santa Gertrudis Creek Trail (Westside) and the Woodside (Sommers Bend Development) Trail (Eastside). 2 ANALYSIS Circulation Project The Fiscal Years 2021-25 CIP Amendment contains one (1) project in this category. The Circulation Project includes the construction, improvements, and extension of Nicolas Road Multi- Use Trail from the Seraphina easterly boundary to Joseph Road (see attachment 2). The project benefits will be to improve pedestrian and biking circulation on the northern side of the City. In addition, this project satisfies Core Value No. 5 (Transportation Mobility and Connectivity) of the City's Quality of Life Master Plan. Staff has reviewed the General Plan and has determined that this project is consistent with provisions of the Circulation Element’s Non-Motorized and Alternative Travel Modes and with the Traffic Safety sections. The goal of these sections is promotion of alternative travel modes such as bicycle, pedestrian, new technology, and equestrian modes that would require a transportation network supporting these modes, providing convenient access and designed to promote safety. Circulation Element: Non-Motorized and Alternative Travel Modes Policy 5.1 Promote pedestrian and bicycle safety by adhering to uniform trail standards and practices and communicating safety practices to the public. Policy 5.2 Minimize potential conflicts between off-street bicycle and equestrian trails and automobile cross traffic. Policy 5.3 Ensure the accessibility of pedestrian facilities to the elderly and disabled. Traffic Safety Policy 6.3 Require that vehicular, pedestrian and bicycle traffic be separated to the maximum extent feasible, especially in areas with high traffic volumes. LEGAL NOTICING REQUIREMENTS No public hearing notice is required for the Planning Commission’s review and conformity finding of the proposed Amendment to FY 2021-25 CIP. ENVIRONMENTAL DETERMINATION The Amendment to FY 2021-25 Capital Improvement Program is exempt from California Environmental Quality Act (“CEQA”) review, in accordance with Title 14 California Code of Regulations. The amendment to FY 2021-25 Capital Improvement Program is not a “project” within the meaning of Section 15378(b)(4) of the CEQA Guidelines, and is therefore exempt from the requirements of CEQA. Section 15378(b)(4) of the CEQA Guidelines states that a project does not include the creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. The Planning Commission’s review and determination that the amendment to the FY 2021-25 Capital Improvement Program is consistent 3 with the City of Temecula General Plan, does not result in the construction nor cause the construction of any specific CIP project, and will have no effect on the environment, and therefore, no environmental impact assessment is necessary. ATTACHMENTS 1. Planning Commission Resolution 2. Project Location Map 3. Nicolas Road Multi-Use Trail Extension Project Sheet PC RESOLUTION NO. 2020- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA MAKING A FINDING OF CONSISTENCY WITH THE GENERAL PLAN FOR THE AMENDMENT OF FISCAL YEAR 2021-2025 CAPITAL IMPROVEMENT PROGRAM (“CIP”), TO ADD ONE NEW PROJECT CALLED NICOLAS ROAD MULTI-USE TRAIL EXTENSION, AND MAKING A FINDING OF EXEMPTION UNDER SECTIONS 15061(B)(3), 15262 AND 15378(B)(4) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) (LONG RANGE PLANNING PROJECT NO. LR20-0971) THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. The City of Temecula originally adopted a comprehensive General Plan in 2005, which has been amended to include specific policies and objectives for infrastructure, construction and maintenance of public facilities; and B. Pursuant to California Government Code Sections 65402 and 65403, the Planning Commission is required to review the Capital Improvement Program to determine that it is consistent with the City’s adopted General Plan; and C. Staff is proposing to add the Nicolas Road Multi-Use Trail Extension to the Fiscal Year 2021-2025 Capital Improvement Program. Staff has reviewed the General Plan and has determined that the project is consistent with the provisions of the Circulation, Elements of the adopted General Plan. On September 16, 2020, the Planning Commission of the City of Temecula held a public meeting to consider whether the Nicolas Road Multi-Use Trail Extension is consistent with the General Plan. Section 2. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the adoption of this resolution: A. The Fiscal Year 2021-25 Capital Improvement Program is not a “project” within the meaning of Section 15378(b)(4) of the CEQA Guidelines, and is therefore exempt from the requirements of CEQA. Section 15378(b)(4) of the CEQA Guidelines states that a project does not include the creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. The Planning Commission’s review and determination that the amendment to the Fiscal Year 2021-25 Capital Improvement Program is consistent with the City of Temecula General Plan, does not result in the construction nor cause the construction of any specific CIP project, and will have no effect on the environment, and therefore, no environmental impact assessment is necessary. Moreover, if the Planning Commission’s determination that the amendment to the CIP is consistent with the General Plan is determined to be a project under CEQA, then it is categorically exempt from environmental review pursuant to Section 15262 of the State CEQA Guidelines which provides that a project involving only feasibility or planning studies for possible future actions, which actions the City has not approved, adopted, or funded, does not require preparation of an EIR or Negative Declaration, but does require consideration of environmental factors. In reviewing this amendment to the CIP and conducting public hearings on it, the Planning Commission has considered relevant environmental factors. The City, as the lead agency for environmental review pursuant CEQA, has reviewed the scope and nature of this amendment to the CIP and has concluded that the planning and prioritization process comprising this activity is not a project pursuant to CEQA because it does not order or authorize the commencement of any physical or other activity that would directly or indirectly have a significant effect upon the environment. The C IP merely establishes a listing of priority and allocates funds for the City to commence the necessary planning studies, including review pursuant to CEQA, at a future unspecified date. The future planning studies will be conducted at the earliest possible time so as to ensure thorough review pursuant to CEQA. Recognizing that the protection of the environment is a key factor in the quality of life within the City and to further the City’s strict adherence to both the spirit and letter of the law as regards to CEQA, the Planning Commission has also considered this amendment to the CIP as if it were a Project pursuant to CEQA. The Planning Commission concludes the Project is exempt from review under CEQA under CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that this prioritizing and fund allocation program cannot and does not have the potential to cause a significant effect on the environment. No physical activity will occur until all required CEQA review is conducted at the time the physical improvements prioritized in the CIP are undertaken. Section 3. The Planning Commission hereby finds that the Nicolas Road Multi-Use Trail Extension is consistent with the General Plan. Specifically, this project is consistent with provisions of the Circulation Element’s non-motorized and alternative travel modes and traffic safety sections. Circulation Element Policies 5.1, 5.2, 5.3, and 6.3 support the addition of the trail extension to promote pedestrian and bicycle safety in the City. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 16th day of September, 2020. Lanae Turley-Trejo, Chairperson 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. 2020- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 16th day of September, 2020, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: Luke Watson Secretary Attachment 2: Project Location Project Cost:Prior Years Actuals 2019-20 Adjusted Budget 2020-21 Projected 2021-22 Projected 2022-23 Projected 2023-24 Projected 2024-25 Projected Total Project Cost Administration 35,000$ 35,000$ Acquisition -$ -$ Construction 380,000$ 380,000$ Construction Engineering 35,000$ 35,000$ Design/Environmental -$ MSHCP -$ Totals -$-$ 450,000$ -$-$ -$ -$ 450,000$ Source of Funds:Prior Years Actuals 2019-20 Adjusted Budget 2020-21 Projected 2021-22 Projected 2022-23 Projected 2023-24 Projected 2024-25 Projected Total Project Cost DIF (Open Space and Trails)1 300,000$ 300,000$ Measure S2 150,000$ 150,000$ -$ Total Funding:-$-$ 450,000$ -$-$ -$ -$ 450,000$ 2019-20 2020-21 2021-22 2022-23 2023-24 Project Description: This project includes the construction, improvements, and extension of the Nicolas Road Multi-Use Trail from the Seraphina easterly boundary to Joseph Road. The improvements include approximately 1,800 SF of 10' wide Class I Bikeway. The developer of the Roripaugh Ranch will take the lead in completing the design and the environment document while the City will take the lead in the construction Phase. Benefit / Core Value: This project improves pedestrian and biking circulation on the northern side of the City. In addition, this project satisfies the City’s Core Value of Transportation Mobility and Connectivity. Project Status: This is a new Capital Improvement Program (CIP) Budget project. The design is almost complete and the environmental document and permits are being processed. Construction process is anticipated to begin in late Fiscal Year 2020-21. Department: Public Works Level: I Future Operation & Maintenance Costs: 1) Transfer from Bike Lane and Trail Program - Citywide project - Proposed City Council Action on 09/22/2020 2) Transfer from Traffic Signal - Equipment Enhancement Program - Citywide - Proposed City Council Action on 09/22/2020 Capital Improvement Program Fiscal Years 2021-25 NICOLAS ROAD MULTI-USE TRAIL EXTENSION Circulation Project Attachment 3: Project Sheet Item No. 3 1 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 16, 2020 PREPARED BY: Eric Jones, Case Planner PROJECT SUMMARY: Planning Application Number PA20-0628, a Conditional Use Permit to allow a new restaurant located at 41923 2nd Street, Suite 106, to obtain a California Alcoholic Beverage Control Type 47 License (On- Sale General - Eating Place) and offer live entertainment, and making a finding of exemption under Section 15301 of the California Environmental Quality Act 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: Joe Holasek General Plan Designation: Specific Plan Implementation (SPI) Zoning Designation: Specific Plan No. 5 (Old Town) Existing Conditions/ Land Use: Site: Existing Commercial Structure/Specific Plan Implementation (SPI) North: Vacant Lot/Specific Plan Implementation (SPI) South: Second Street, Vacant Lot/Specific Plan Implementation (SPI) East: Mercedes Street, Civic Center Parking Garage/Specific Plan Implementation (SPI) West: Vacant Lot, Existing Auto Repair Facility/Specific Plan Implementation (SPI) 2 Existing/Proposed Min/Max Allowable or Required Lot Area: N/A N/A Total Floor Area/Ratio: N/A N/A Landscape Area/Coverage: N/A N/A Parking Provided/Required: N/A N/A AFFORDABLE HOUSING Located in Affordable Housing Overlay Zone (AHOZ)? Yes No AHOZ Gain/Loss: N/A BACKGROUND SUMMARY On May 28, 2020, Joe Holasek, submitted Planning Application PA20-0628, a Conditional Use Permit (CUP) to allow a new restaurant to obtain a California Alcoholic Beverage Control Type 47 License (On-Sale General - Eating Place) and allow for live entertainment. 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 Conditional Use Permit will allow the applicant to obtain a Type 47 (On-Sale General – Eating Place) License. The Type 47 License will allow for the sale of beer, wine, and distilled spirits. Minors are allowed on-site with this license type. The business will operate as a bona fide eating establishment. The applicant proposes the following hours of operation:  Monday, Tuesday, Wednesda y and Thursday: 11:00 AM – 10:00 PM  Friday and Saturday: 11:00 AM – 2:00 AM  Sunday: 11:00 AM – 7:00 PM The business also proposes live entertainment consisting of Mariachi musicians. The entertainment will be conducted on Thursdays through Saturdays from 6:00 PM until 10:00 PM. All entertainment will be performed indoors on the stage shown on the attached site plan. According to the California Department of Alcoholic Beverage Control (ABC), three On-Sale licenses are permitted within Census Tract 512 before the Tract is considered “over concentrated”. Currently, eighty-three active licenses exist within the tract. ABC will process Findings of Public 3 Convenience or Necessity (PC or N) since the business will be classified as a bona fide eating establishment. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the SD Union Tribune on September 3, 2020 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. The Conditional Use Permit for a California Alcoholic Beverage Control Type 47 License and live entertainment involves no expansion or negligible expansion of the existing use. Restaurants are a permitted use at the project site. Type 47 Licenses and live entertainment are also permitted uses upon the approval of a Conditional Use Permit. In addition, the live entertainment will only occur indoors and during limited hours. Finally, there will not be any physical changes to the structure or site as part of this application. As such, this project represents no expansion of the structure, site, or allowable uses. 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 proposed conditional use is consistent with the City of Temecula General Plan, which specifies Specific Plan Implementation (SPI) for this site, and conditionally allows establishments to operate with a Type 47 (On-Sale General – Eating Place) and live entertainment. In addition, the project is in conformance with the Old Town Specific Plan. This document allows the proposed use upon approval of a Conditional Use Permit. Live entertainment and the sale of alcohol would serve as an incidental use to a permitted restaurant’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 will operate within an existing building. As conditioned, the proposed conditional use for a Type 47 (On-Sale General – Eating Place) and 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 wine/beer tasting establishments with live entertainment. The proposed conditional use will not adversely affect the adjacent uses, buildings or structures. This is because restaurants serving alcohol and offering live entertainment are permitted upon the approval of a Conditional Use Permit. With regard to live entertainment, the entertainment will only be conducted indoors. In addition, many businesses in Old Town already offer live entertainment. 4 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 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 Old Town Specific Plan and 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 the Building Code, which provide safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. That the decision to 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. PC Resolution 4 5 Exhibit A - Draft Conditions of Approval Statement of Operations 6. Notice of Public Hearing 7. Draft Notice of Exemption for County Clerk FOURTH STMERCEDES ST OLD TO W N FRONT ST PUJOL ST MAIN STTHIRD STFIR S T S TSECO ND STSANTIAGORD Project Site CITY OF TEMECULA PA20-0628 0 400200 Feet\Date Created: 8/18/2020 1:2,4001 inch = 200 feet 922-043-027 The map PA20-0628.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to updateand modification. The City of Temecula assumes no warranty or legal responsibility for the information contained on thismap. This map is not for reprint or resale. Visit the City of Temecula GIS online at https://temeculaca.gov/gis !"#$15 ABBREVIATIONSCONCRETEEXISTINGEXIST'G OR (E)STORSTORAGEHEADERHDRS 4 SHDHDWDHOLD DOWNHARDWOODSURFACE FOUR SIDESSHWR SHOWERGLASSGLSIMP WDSQSIMSTLSTDSPECS&PGYP BDGYPSUM BOARDHCHBHANDICAPPEDHOSE BIBBGFIGRGROUND FAULTGRADEINTERCEPTORSPECIFICATIONSTEELSQUARESTANDARD"SIMPSON" HOLD DOWNSIMILARSHELF AND POLESDSCRMSHTSECTGLU-LAMGIGARSFGARAGEGALVANIZED IRONGLUE LAMINATED BEAMGAFTGFOSFACE OF STUDFOOTINGGAUGESHEETSECTIONSQUARE FOOTROOMSOLID CORESMOKE DETECTORRD ROOF DRAINFLOW LINEFLRORSREINFREFR/CJRDWDFOMFOFFOCFIX GLFIXED GLASSFACE OF CONCRETEFACE OF FINISHFACE OF MASONARYFL HDRFLRFNRJFLOORFIELD NAILFLUSH HEADERRESAWNREFRIGERATORREINFORCINGROUGH OPENINGREDWOODROOF/CEILING JOISTROOF JOISTPSIREQ'DPTDFPSFFINISH FLOORFIN FLFIN GRFINFJFINISHFINISH GRADERFLOOR JOISTFNDFAUFOUNDATIONFORCED AIR UNITDOUGLAS FIRREQUIREDRISERPOUND PER SQ INCHPOUND PER SQ FOOTPRESSURE TREATEDWASHERWLINENCEILINGCLGPBPOST BASEPLPLYWDPLUMB'GPLAS LAMPRPCCEDGE NAILENEQEXTETCEQUALET CETRAEXTERIORELEVELECTEALPELECTRICALELEVATIONEACHPLUMBINGPAIRPLYWOODPORTLAND CEMENTPLATEPROPERTY LINEPLASTIC LAMINATENICNTSNO OR #OCDOWNDNDRWGDBLDSPDOWNSPOUTDOUBLEDRAWINGDIA OR DRDGDIAMETERDINING ROOMDECOMPOSED GRANITEON CENTERPANTRYNUMBERNOT TO SCALENOT IN CONTRACTMCMECHMAXMINMOMTDMTLCU YDCU INDCUBIC INCHCUBIC YARDDRYERCONTINCTCONCCU FTCONCRETECONTINUOUSCERAMIC TILECUBIC FEETMETALMINIMUMMOUNTEDMEDICINE CABINETMAXIMUMMECHANICALMASONRY OPENINGLRLBMBMBRMATLMFGCMU CONCRETE MASONARY UNITCOCOLCWCLEAN OUTCOLUMNCOLD WATERCLLCCLRCLOSETCLEARCENTER LINEWFMANUFACTURERWIDE FLANGEW/WPWHMATERIALMACHINE BOLTMASTER BEDROOMWITHWATER HEATERWATER PROOFWAINSLIVING ROOMWCWDLAG BOLTWAINSCOTWOODWATER CLOSETICBO INTERNATIONALTOP OF CURBTESTING MATERIALLSKITLBLAUNDLAVLAMCFM CUBIC FEET/MINUTECJCIJOINTCAST IRONCEILING JOIST OR CONTROLCCCBCABLCABINETCOLUMN BASECOLUMN CABVTRLANDSCAPEVENT THROUGH ROOFVERTVTWPOUNDLAVATORYLAUNDRYVERTICALVENT THROUGH WALLVGDFKITCHENLAMINATEDVERTICAL GRAINDOUGLAS FIRJSTINTINSULBUILDINGBLDGBU ROOFBNBMJTBEAMBOUNDRY NAILBUILT UP ROOFBLKBR BEDROOMBLOCK OR BLOCKINGINTERIORUNOUBCJOINTJOISTOTHERWISEUNIFORM BUILDING CODEUNLESS NOTEDTYPTOWTOSBUILDING OFFICIALSCONFERENCE OFINSULATIONTYPICALTOP OF SLABTOP OF WALLHPHWHRHORIZASTMALUMADJ ADJUSTABLEALUMINUMAMERICAN SOCIETY OFAC UNIT@ACHTATAIR CONDITIONING UNITASPHALTIC CONCRETETHRUT & GTIHOURHORIZONTALTCTHROUGHTONGUE AND GROOVETENANT IMPROVEMENTSTEMPT & BTHEIGHTHOT WATERHEAT PUMPTREADTEMPEREDTOP & BOTTOMGWB GYPSUM WALLBOARDGWX GYPSUM WALLBOARD TYPE XGENERALNOTESTHE USE AND PUBLICATION OF THESE PLANS, SPECIFICATIONS, AND DESIGNS SHALL BE RESTRICTED TO THE ORIGINAL SITE AND PHASE FOR WHICH THEY WERE PREPARED AND TITLE THERETO REMAINS IN THE ARCHITECT. USE WITHOUT THE WRITTEN CONSENT OF THE ARCHITECT IS PROHIBITED. VISUAL CONTACT CONSTITUTES ACCEPTANCE OF THESE RESTRICTIONS. 1. EACH TRADE SHALL BE RESPONSIBLE FOR KNOWLEDGE OF RELATIVE INFORMATION CONTAINED IN THESE DOCUMENTS AND THE CONDITIONS UNDER WHICH HE WILL BE EXPECTED TO PERFORM. 2. DIMENSIONS, GRADES, AND DETAILS SHALL BE VERIFIED PRIOR TO COMMENCEMENT OF CONSTRUCTION. TYPICAL DETAILS SHALL APPLY WHERE SPECIFIC DETAILS (OR SECTIONS) AREN'T GIVEN. 3. DEVIATIONS FROM THESE DOCUMENTS NECESSITATED BY FIELD CONDITIONS SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT IMMEDIATELY, PRIOR TO COMMENCING WITH SAID WORK. 4. ALL CONSTRUCTION SHALL CONFORM WITH THE CURRENT BUILDING CODES AND ALL LAWS AND ORDINANCES OF THE PLACE OF THE BUILDING. 5. DO NOT SCALE DRAWINGS. CONTRACTOR SHALL VERIFY ALL DIMENSIONS. IF DISCREPANCIES ARE FOUND, THE ARCHITECT SHALL BE NOTIFIED IMMEDIATELY. 6. SHOULD THERE BE ANY DISCREPANCY BETWEEN THE VARIOUS DRAWINGS, IT SHALL BE BROUGHT TO THE ARCHITECT'S ATTENTION FOR CLARIFICATION, PRIOR TO COMMENCING OF SAID WORK. 7. THE CONTRACTOR SHALL COORDINATE WITH THE OWNER'S REPRESENTATIVE FOR INSTALLATION OF SPECIAL MANUFACTURING EQUIPMENT NOT SHOWN IN THESE DRAWINGS. THE CONTRACTOR SHALL VERIFY EQUIPMENT LOCATIONS WITH THE OWNER'S REPRESENTATIVE AND/OR THE EQUIPMENT MANUFACTURER PRIOR TO FORMING THE SLAB, FOR THE PROPER SIZE AND LOCATION OF FOUNDATION DEPRESSIONS, DRAINS, AND WARPS. 8. THE CONTRACTOR SHALL CONSULT THE ELECTRICAL, MECHANICAL, AND PLUMBING DRAWINGS FOR LOCATION OF ALL SLEEVES THROUGH WALLS AND FLOOR SLABS. 9. MISCELLANEOUS SIGNAGE SHALL BE UNDER SEPARATE CONTRACT. HANDICAP SIGNAGE IS IN CONTRACT. 10. PROVIDE SOUND ATTENUATION BLANKET INSULATION AT ALL INTERIOR RESTROOM WALLS. 11. ALL EXITS SHALL BE OPENABLE FROM THE INSIDE WITHOUT THE USE OF A KEY AND SHALL BE LABELED "THIS DOOR IS TO REMAIN UNLOCKED WHENEVER BUILDING IS OCCUPIED" IN 1" HIGH MINIMUM, BLOCK LETTERS.12. ALL SUSPENDED ACOUSTIC TILE CEILING FRAMING SYSTEMS SHALL BE INSTALLED IN ACCORDANCE WITH CBC SECTION 808. 13. INTERIOR FINISHES TO CONFORM TO THE REQUIREMENTS OF CHAPTER 8, CBC. 14. UNO. STATED MANUFACTURER'S ITEMS SHALL BE "OR EQUAL". CONTRACTOR SHALL VERIFY SUBSTITUTIONS WITH THE ARCHITECT PRIOR TO BID AND/OR INSTALLATION. 15. CONTRACTOR TO OBTAIN A PERMIT FROM THE DEPARTMENT OF INDUSTRIAL RELATIONS, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH (Cal/OSHA) FOR TRENCHES OR EXCAVATIONS 5'0" OR DEEPER.16. GLAZING TO CONFORM TO CBC SECTION 24 AS WELL AS COMPLYING WITH FEDERAL SAFETY STANDARDS FOR ARCHITECTURAL GLAZING (CBC STANDARDS CHAPTER 24). 17. PROVIDE A MINIMUM OF ONE 2A-10BC RATED FIRE EXTINGUISHER FOR EACH 6000 SF TRAVEL DISTANCE NOT TO EXCEED 75' FOR OFFICE, RETAIL, AND APARTMENTS, AND A MINIMUM OF ONE 4A-20BC RATED FIRE EXTINGUISHER FOR EACH 3000 SF TRAVEL DISTANCE NOT TO EXCEED 50' FOR PARKING GARAGES AND HAZARDOUS LOCATIONS. (CBC SECTION 904) 18. FIRE PROTECTION FACILITIES INCLUDING ACCESS MUST BE PROVIDED PRIOR TO AND DURING CONSTRUCTION. 19. ALL WINDOWS AND EXTERIOR DOORS TO BE FULLY WEATHERSTRIPPED AND LABELED CERTIFYING COMPLIANCE WITH APPLICABLE ANSI AND NWMA STANDARDS. 20. ALL REQUIRED PERMITS MUST BE OBTAINED FROM THE FIRE PREVENTION BUREAU PRIOR TO CONSTRUCTION.21. PROVIDE "CERTIFICATE OF PERFORMANCE" FOR GLUED LAMINATED WOOD MEMBERS PRIOR TO ERECTION. 22. BUILDING ADDRESS SHALL BE EASILY SEEN FROM STREET. 23. PROVIDE FLUSH-MOUNTED FIRE EXTINGUISHERS AS DICTATED BY FIRE MARSHALL. SEE DETAIL -/- FOR RECESSED FIRE EXTINGUISHERS24. NOT USED25. INSTALL VISIBLE ALARMS TO MEET REQUIREMENTS FOR SLEEPING ACCOMMODATIONS AS REQUIRED BY 2013 CBC, SECTION 420.5 & 420.6. REFER TO 2016 CBC TABLE 907.5.2.3.3 AND 2016 CBC 11B-807. 3.1 (SFM) (DSA-AC). COORDINATE WITH ELECTRICAL DRAWINGS.RAWING SYMBOLSDINSULATIONHVAC SUPPLYHVAC RETURNEXISTING ELEVATION TO REMAINEXISTING SPOT ELEVATION REFERENCE ONLYNEW SPOT ELEVATIONFLUORESCENT STRIPWALL MOUNTED LIGHT FIXTUREPENDANT MOUNTED LIGHT FIXTURESURFACE MOUNTED LIGHT FIXTURERECESSED FLUORESCENT FIXTURENIGHT LIGHTEXIT SIGNFLTCNLFHA1A1A1BDAA1C11111A1NEW CONSTRUCTION NOTESDOORNEW WINDOWFIRE HYDRANTCENTER LINE DIMENSION UNOFACE OF STUD DIMENSION UNOCENTER LINEEDGE OF OVERHEAD PLANESFURNITURE (NIC)2X4 STUDS PER SECTION2X6 STUD WALLRECESSED LIGHT FIXTUREACOUSTIC TILE CEILINGGYP. BD. CEILINGEXTERIOR ELEVATIONBUILDING SECTIONPARTIAL BUILDING SECTIONDETAIL CUTINTERIOR ELEVATIONPROPERTY LINEAA1DEMOLITION NOTESAESIGNNFORMATIONOWNER:NOAA GROUP4900 N. HARBOR DR., SUITE 201SAN DIEGO, CA 92106619-297-8066CONTACT: DAN TALANTDIARCHITECTURAL DESIGN TEAM:MECHANICAL/PLUMBING ENGINEER:ELECTRICAL ENGINEER:KITCHEN CONSULTANT:ECONOMY RESTAURANT EQUIPMENT AND SUPPLY COMPANY1111 GRAND AVENUESAN MARCOS, CA. 92078(760) 471-2761JOHN OLGEIRSSONSAN DIEGO, CA 92106JT@ECONOMYRESTAURANTEQUIP.COMGENERAL CONTRACTOR:TRUAX MANAGEMENT41911 6TH STREETTEMECULA, CA 92560CGK CONSULTING GROUP, INC.7968 ARJONS DR. STE A112SAN DIEGO, CA 92126(858) 361-9802MICHAEL CARLOMAGNOMACARLOMAGNO@CGK-CONSULTING.COMRB CONSULTING ENGINEERING, INC.1044 PIONEER WAY, STE EEL CAJON, CA 92020(619) 672-5555RYAN BERTALANRBERTALAN@RBENGINEERS.COMTBDBUILDINGINFORMATIONSITE ADDRESS:41923 SECOND ST. TEMECULA, CA. 92590 OCCUPANCY:A-2OCCUPANCY LOAD:PROPOSED USE:CONSTRUCTION TYPEEXISTING BASE BLDG: 11-B SPRINKLERED, PROPOSED T.I.: 11-B SPRINKLEREDLEGAL DESCRIPTION:PARCEL 5 THRU 9, OF PARCEL MAP NO. 28473, AS SHOWN BY MAP ON FILE IN BOOK 201, PAGES 44 THRU 47 OF PARCEL MAP, RECORDS OF RIVERSIDE COUNTY, STATE OF CA. PARCEL A OF CERTIFICATE PARCEL MERGER #PA03-025 RECORDED MAY 27, 2003 AS INSTRUMENT NO. 28743 ON FILE IN BOOK 201 PAGES 44 THTU 47 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CA. AREA OF WORK:3,811 S.F.ACCESSORS PARCEL NO.:211-022-12-STORIES:ONE STORY WITHIN A FOUR STORY BUILDINGRESTAURANT EXISTING USEVACANT ASSESSORS PARCEL NO:922-043-012, 922-043-017 SCOPE OF WORK:TENANT IMPROVEMENT OF A RESTAURANT, WITH KITCHEN, PLUMBING, ELECTRICAL AND MECHANICAL. KITCHEN-923 S.F./ 200 = 5DINING-2888 S.F./ 15= 192197 TOTAL OCC. > 49 = 2 EXITS REQ. PROPOSED AREA OF WORKA-2 OCC. EXITEXITADA ACCESSIBLE PATH TO PARKINGNOTE: PARKING / ADA PARKING FOR BUILDING LOCATED IN GARAGE ACROSS THE STREETMOCKSUITES 105 B OCC. BAKERY A-2 OCC. RESTAURANT A-2 OCC. RETAIL M OCC. BLDG UTILITIES LOCATION OFEXISTING KNOX BOX LOCATED 6' A.F.F. EXISTING RESTROOMS2ND STREETOLD TOWN FRONT ST.3RD STREETMERCEDES ST.IN T E R S T A T E -1 5 VICINITY MAPSCALE: NTSPROPOSED T.I.CODE REFERENCESALL WORK AND MATERIALS SHALL BE IN FULL ACCORDANCE WITH THE REQUIREMENTS OF THESE CODES. THE GOVERNING CODES ARE:• 2016 CALIFORNIA BUILDING CODE WHICH ADOPTS THE 2015 INTERNATIONAL BUILDING CODE• 2016 CALIFORNIA MECHANICAL CODE WHICH ADOPTS THE 2015 UNIFORM MECHANICAL CODE• 2016 CALIFORNIA PLUMBING CODE WHICH ADOPTS THE 2015 UNIFORM PLUMBING CODE • 2016 CALIFORNIA ELECTRICAL CODE WHICH ADOPTS THE 2014 NATIONAL ELECTRICAL CODE • 2016 CALIFORNIA ENERGY CODE, AS ADOPTED AND AMENDED BY THE STATE OF CALIFORNIA• 2016 CALIFORNIA GREEN BUILDING STANDARDS CODE. • 2016 CALIFORNIA FIRE CODE WHICH ADOPTS 2013 IFC.1. FIRE SPRINKLERS2. FIRE ALARM 3. HOOD FIRE SUPRESSION SYSTEM-TO BE CONNECTED TO THE FIRE ALARM D02/28/2021Project No:Project Start Date:Revision:Drawn:Checked:DO NOT SCALE DRAWINGS.ANY DISCREPANCIES TO BE REVIEWED WITH THE ARCHITECT.inch01234Sheet No:Scale:Sheet Name:15/18/2020 12:18:00 PMAs indicatedMARGARITA'S41923 SECOND ST.TEMECULA, CA. 92590Project NumberIssue DateDesignerCheckerA-001TITLESHEETScale: 1" = 20'-0"1SITE PLANSHEET INDEXARCHITECTURALA-001 TITLE SHEETA-002 CALIFORNIA GREEN BLDG STANDARDSA-003 CALIFORNIA GREEN BLDG STANDARDSA-004 CALIFORNIA GREEN BLDG STANDARDSA-005 ADA NOTESA-006 ADA NOTESA-007 ADA NOTESA-100 FLOOR & RCP PLAN, I.ELEVSA-102 SCHEDULES & DETAILSA-200 DETAILSA-201 DETAILSMECHANICALM0.1 MECHANICAL LEGEND, NOTES, AND SYMBOLSM0.2 MECHANICAL NOTESM0.3 MECHANICAL SCHEDULESM1.1 CALIFORNIA ENERGY CODE COMPLIANCEM1.2 CALIFORNIA ENERGY CODE COMPLIANCEM3.1 MECHANICAL FLOOR PLANM3.5 MECHANICAL ROOF PLANM4.1 MECHANICAL PIPING PLANM5.1 MECHANICAL ZONING PLANM7.1 MECHANICAL DETAILSPLUMBINGP0.1 PLUMBING LEGEND, NOTES AND SYMBOLSP0.2 PLUMBING SCHEDULESP1.0 PLUMBING SITE PLANP4.1 PLUMVING WASTE AND VENT PLANP5.1 PLUMBING WATER AND GAS PLANP6.1 PLUMBING RISER DIAGRAMP7.1 PLUMBING DETAILSELECTRICALE0.01 COVER SHEETE0.02 LIGHT FIXTURE SCHEDULEE0.03 TITLE 24 FORMSE0.06 OVERALL SITE PLANE2.01 LIGHTING PLANE3.01 POWER PLANE5.01 EGRESS PLANE7.01 LIGHTING CONTROL DETAILSE8.01 SINGLE LINE DIAGRAMKITCHENK1.0 EQUIPMENT LAYOUR & SCHEDK2.0 PLUMBING & ELECTRICAL ROUGH-IN PLANEFERRED SUBMITTALS11111REVISION SCHEDULENO DATE ISSUE1 10/15/19 Resubmittal DDDNDNDNDN18 x 48 PTE68-APERLICKBBS36C-APTE68-A18 x 48 18 x 48 14x 4818x 4218x 6018x 4218x 6018x 36 18x 4218x 3618x 42DN665544FFEEDD64' - 5"5' - 1 1/2"7' - 8"4' - 1"3' - 3"31' - 5"3' - 3"5' - 5"34' - 8"3' - 6"20' - 6"1' - 5 1/4"4' - 7"2' - 8 1/4"1' - 9 1/2"5' - 4 1/2"7' - 6"16' - 10 1/2"64' - 5"34' - 8"12' - 10 1/2"3' - 1 1/8"2' - 6 3/4"9' - 4 1/2"2' - 0 5/8"1' - 2 7/8"5' - 2"1' - 7 3/8"3' - 0"64' - 5"12' - 10 1/2"34' - 8"16' - 10 1/2"4' - 11"3' - 1"5' - 6"6' - 9 3/8"24' - 9 1/2"1' - 7"3' - 11"7' - 4 1/2"17' - 0"8' - 9"8' - 6"21' - 7 1/2"1' - 5 1/2"4' - 7"7' - 8"4' - 7 1/2"16' - 10 1/2"34' - 8"52' - 11"12' - 10 1/2"0' - 2"A-10043 KITCHEN(SEE KITCHEN DWGS FOR EQUIPMENT) BAR(SEE KITCHEN DWGS FOR EQUIPMENT)DRY STORAGE1234568910E11E17E12238TYP.456OFFICE111STORAGE105STORAGE104TOILET RM109JC108KITCHEN107BAR103MAIN ENTRY101DRYSTORAGE110VESTIBULE112RAMP113799WHSLOPE 1:127PLATFORM106DINING102SLOPE 1:12SEE KITCHEN EQUIP. DRAWING FOR REQ. WORK AND FINISHES IN THIS AREAA-1009SEE KITCHEN EQUIP. DRAWING FOR REQ. WORK AND FINISHES IN THIS AREA14A-200A-201810A-20117A-20010A-200A-100103' - 3"F.E.(K)6F.E.10A-1023MAX.17"-19"MAX.33"-36"36" MAX.34" MAX.1217"-18" C.L.MIRROR40" TO318" MIN.424" MIN.12" MIN.1ALL WALLS TO RECEIVE EPOXY PAINT, COLOR TBD BY OWNER2GRAB BARS INSTALLED PER 19/ A-2013LAVATORY INSTALLED PER 19/ A-2014SURFACE MTD. MIRROR PER 19/ A-2015WATER CLOSET INSTALLED PER19/A-201RESTROOM KEYNOTESD54" MIN.GRAB BAR42" MIN.12" MAX24" MIN.33"-36" A.F.F.51665544FFEEDDDRY STORAGEOFFICE111STORAGE105STORAGE104TOILET RM109JC108KITCHEN107BAR103MAIN ENTRY101DRYSTORAGE110VESTIBULE112RAMP113PLATFORM106DINING1029' - 0"8' - 0"9' - 0"8' - 0"8' - 0"8' - 0"41366EXPOSEDSEE KITCHEN EQUIPMENT DRAWING FOR REQ. WORK AND FINISHES IN THIS AREA6' - 2"10' - 6"15' - 0"12' - 0"12' - 0"15' - 6"15' - 6"11' - 2"15' - 6"13' - 4"5' - 7"4' - 10"13' - 4"7' - 9"5' - 0"2' - 11"3' - 9"2' - 6"4' - 10"3' - 9"7' - 0"10' - 5"0' - 9"2' - 0"3' - 6"3' - 6"3' - 6"52TYP.TYP.70' - 2"83 EQ T @ 11" EA.2' - 9"@ 7" MAX.4 EQ R.2' - 10"12"A-2011823"RCP LEGENDFRAMED GYP BD CEILING WITH 6" RECESSED CAN LIGHT PER ELECTRICAL2' x 4' SUSPENDED ACOUSTICAL CEILING GRID SYSTEM WITH LIGHT PANELS WHERE OCCURS. ARMSTRONG KITCHEN ZONE TILES, SQUARE LAY-IN, SMOOTH TEXTURE WITH PRELUDE ML 15/16" EXPOSED TEE SYSTEM. SEE 6/A-200 SUSPENDED PENDANT LIGHT FIXTURE PER ELECTRICALLINEAR SUSPENDED LIGHT FIXTURE PER ELECTRICALFIRE EXTINGUISHER AND CABINET INSTALLED PER CBC 906, TYPE 2A:10-BCF.E.FIRE EXTINGUISHER AND CABINET INSTALLED PER CBC 906, TYPE K-CLASS FIRE EXTINGUISHERF.E. (K)WALL LEGENDEXISTING WALLS: 1-HR RATED CONSTRUCTION.6" X 20 GA. MTL STUDS @ 16" O.C. W/ 5/8" GWBEACH SIDE. SEE 17/A-200 3 5/8" X 20 GA. MTL STUDS @ 16" O.C. W/ 5/8" GWB EACH SIDE. SEE 17/A-200 PARTIAL HEIGHT PARTITION WALL: 3 5/8" X 20 GA. MTL STUDS @ 16" O.C. W/ 5/8" GWB EACH SIDE PER 18/ A-200 ONSTRUCTIONCNOTES 1BUILT IN DESKTOP WITH PLAIN FINISH. SEE 13/A-2012CUSTOM BANQUETTE BENCH AND TABLE TOP. SEEGENERAL NOTE B 3CUSTOM BANQUETTE STYLE WAITING AREA BENCH. SEE GENERAL NOTE B 4LOW WALL SUPPORT @ COUNTERTOP, SEE 10/ A-201 5BUILT IN RECEPTION COUNTER WITH PLAIN FINISH, SEE 16/A-201 6BUILT IN PLASTIC LAMINATE MILLWORK, SEE 10/A-100. 7METAL PIPE HANDRAIL, SEE 14/A-200 8DINING TABLES, SEE GENERAL NOTE B9PARTIAL HEIGHT PARTITION WALL. SEE WALL LEGENDLOOR PLANF10EXISTING 2-HR FIRE RATED SHAFT1PAINT EXISTING FLOOR DECK ABOVE, COLOR TBD BY OWNER2REPRESENTS KITCHEN EQUIPMENT BELOW.3INSTALL LINEAR LIGHT FIXTURES @ 9'-6" ABOVE F.F.4INSTALL PENDANT LIGHT FIXTURES @ 9'-6" ABOVE F.F.5EXPOSED AND PAINTED DUCTWORK AND AHU, LOCATE AS HIGH AS POSSIBLE WITHIN SPACE. COLOR TBD BY OWNER6LIGHT FIXTURE SEISMIC BRACING WITH AIRCRAFT CABLE LATERAL RESISTANT. SEE 6/A201.REFLECTED CEILING PLAN NOTES7PROPOSED LOCATION OF HORN/ STROBE DEVICE CONNECTED TO THE FIREMONITORING SYSTEMSUSPENDED CEILING PER A-1028A.ALL DIMENSIONS PROVIDED TAKEN FROM FACE OF STUD ENERAL NOTESGB.ALL DINING ROOM FURNISHINGS TO BE OWNER SUPPLIED,CONTRACTOR INSTALLED C.REFER TO SHEETS A102 FOR DOOR ON WINDOW SCHEDULESD.ALL PARTITION WALLS FULL HEIGHT TO UNDERSIDE OF FLOOR DECK ABOVE UNO. SEE WALL LEGENDCONTRACTOR TO PROVIDE AND INSTALL ALL WORK ASSOCIATEDWITH FLOOR PLAN CONSTRUCTION NOTES. E.MUD, TAPE AND PREP ALL GYBSUM BOARD PARTITION WALLS TO RECEIVE A PAINT FINISH, COLOR TBD BY OWNER. F.REFER TO SHEET A-102 FOR DOOR SCHEDULE. G.A-1004348" MIN.30" MIN.48" MIN.42" MIN.16"-18"60" MIN.EQ.EQ.7' - 10 1/2"ADA34" PER02/28/2021TRUEPROJECTProject No:Project Start Date:Revision:Drawn:Checked:DO NOT SCALE DRAWINGS.ANY DISCREPANCIES TO BE REVIEWED WITH THE ARCHITECT.inch01234Sheet No:Scale:Sheet Name:North:15/18/2020 12:18:05 PMAs indicatedMARGARITA'S41923 SECOND ST.TEMECULA, CA. 92590Project NumberIssue DateDesignerCheckerA-100FLOOR &RCPPLAN,I.ELEVSRef: A-100 / Scale: 1/8" = 1'-0"1FIRST FLOOR PLANRef: A-100 / Scale: 1/4" = 1'-0"3RESTROOM 1-ARef: A-100 / Scale: 1/4" = 1'-0"4RESTROOM 1-BRef: A-100 / Scale: 1/8" = 1'-0"2REFLECTED CEILING PLANRef: A-102 / Scale: 1/4" = 1'-0"6STAIR SECTIONRef: A-100 / Scale: 1/4" = 1'-0"9ENLARGED TOILET ROOMRef: A-100 / Scale: 1/8" = 1'-0"10MILLWORK @SIDE BAR111111111111111REVISION SCHEDULENO DATE ISSUE1 10/15/19 Resubmittal PC RESOLUTION NO. 2020- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA20-0628, A CONDITIONAL USE PERMIT TO ALLOW A NEW RESTAURANT LOCATED AT 41923 2ND STREET, SUITE 106, TO OBTAIN A CALIFORNIA ALCOHOLIC BEVERAGE CONTROL TYPE 47 LICENSE (ON-SALE GENERAL - EATING PLACE) AND OFFER LIVE ENTERTAINMENT, AND MAKING A FINDING OF EXEMPTION UNDER SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (APN 922-043-027) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On May 28, 2020, Joe Holasek, filed Planning Application No. PA20-0628, 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 16, 2020, 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. PA20-0628 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Conditional Use Permit, Development Code Section 17.04.010.E A. The proposed conditional use is consistent with the General Plan and the Development Code. The proposed conditional use is consistent with the City of Temecula General Plan, which specifies Specific Plan Implementation (SPI) for this site, and conditionally allows establishments to operate with a Type 47 (On-Sale General – Eating Place) and live entertainment. In addition, the project is in conformance with the Old Town Specific Plan. This document allows the proposed use upon approval of a Conditional Use Permit. Live entertainment and the sale of alcohol would serve as an incidental use to a permitted restaurant’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 will operate within an existing building. As conditioned, the proposed conditional use for a Type 47 (On-Sale General – Eating Place) and 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 wine/beer tasting establishments with live entertainment. The proposed conditional use will not adversely affect the adjacent uses, buildings or structures. This is because restaurants serving alcohol and offering live entertainment are permitted upon the approval of a Conditional Use Permit. With regard to live entertainment, the entertainment will only be conducted indoors. In addition, many businesses in Old Town already offer live entertainment. 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 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 Old Town Specific Plan and 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 the Building Code, which provide 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 (15301, Class 1, Existing Facility); The Conditional Use Permit for a California Alcoholic Beverage Control Type 47 License and live entertainment involves no expansion or negligible expansion of the existing use. Restaurants are a permitted use at the project site. Type 47 Licenses and live entertainment are also permitted uses upon the approval of a Conditional Use Permit. In addition, the live entertainment will only occur indoors and during limited hours. Finally, there will not be any physical changes to the structure or site as part of this application. As such, t his project represents no expansion of the structure, site, or allowable uses. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA20-0628, a Conditional Use Permit to allow a new restaurant to obtain a California Alcoholic Beverage Control Type 47 License (On-Sale General - Eating Place) and offer live entertainment. The project is located at 41923 2nd Street, Suite 106, 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 16th day of September, 2020. Lanae Turley-Trejo, Chairperson 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. 2020- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 16th day of September, 2020, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: Luke Watson Secretary EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: Project Description: PA20-0628 A Conditional Use Permit to allow a new restaurant to obtain a California Alcoholic Beverage Control Type 47 License (On-Sale General - Eating Place) and offer live entrainment. The project is located at 41923 Second Street, Suite 106. Assessor's Parcel No.: 922-043-027 N/A (No New Square Footage or Grading) MSHCP Category: N/A (No New Square Footage) DIF Category: TUMF Category: Quimby Category: Approval Date: Expiration Date: Per WRCOG Requirements N/A (Non-Residential Project) September 16, 2020 September 16, 2022 New Street In-lieu of Fee: N/A (Not Located within the Uptown Temecula Specific Plan) PLANNING DIVISION General Requirements 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. 1. 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 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. A modification made to an approved development plan does not affect the original approval date of a development plan. 2. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to five extensions of time, one year at a time. A modification made to an approved development plan does not affect the original approval date of a development plan. 3. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 5 (Old Town). 4. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 5. 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. 6. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 7. 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 cooki ng 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. 8. Food Service. The bona fide public eating place shall serve a full menu at all hours that alcohol is served. 9. Statement of Operations. The applicant shall comply with their Statement of Operations dated July 10, 2020, 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. 10. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City’s Development Code. 11. 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 nui sance condition or other code violation thereon. 12. 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. 13. Live Entertainment. All live entertainment shall be conducted indoors at all times. In addition, all doors and windows of the establishment shall be fully closed during live entertainment. 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. 15. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 16. FIRE PREVENTION General Requirements Fire Requirement. Kitchen hood extinguishing system plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of plans must be submitted by the installing contractor to the Fire Prevention Bureau. The installing contractor must submit their certification for the extinguishing system verifying that they are licensed and certified to install and work on such system. The hood extinguishing system is also required to be tied into the fire alarm system for monitoring. These plans must be submitted prior to the issuance of building permit. 17. Prior to Issuance of Building Permit(s) Required Submittals (Fire Sprinkler Systems). Fire sprinkler tenant improvement plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. 18. Required Submittals (Fire Alarm Systems). Fire alarm tenant improvement plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. 19. Prior to Issuance of Certificate of Occupancy Addressing. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial, multi-family residential and industrial buildings shall have a minimum of 12-inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of 6-inch high letters and/or numbers on both the front and rear doors. Single-family residences and multi-family residential units shall have 4-inch letters and/or numbers, as approved by the Fire Prevention Bureau (CFC Chapter 5 and City Ordinance 15.16.020). 20. POLICE DEPARTMENT General Requirements 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. 21. 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. 22. 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. 23. 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. 24. 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. 25. 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. 26. 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). 27. 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 ope n, 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). 28. No Alcohol Sales Between 2:00 am and 6:00 am. Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. Section 25631 B&P Code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00 a.m. Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter that the law. Those licenses are marked “Conditional” (23805 B&P). 29. 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). 30. 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). 31. 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. 32. 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 porti on 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.) 33. 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. 34. May 16, 2020 July 10, 2020 (Revised) Mr. Eric Jones Associate Planner I City of Temecula 41000 Main Street Temecula, CA 92590 Re: Margarita’s Restaurant 41923 Second Street, Suite 106 Temecula, CA 92590 Conditional Use Permit Application Section C: Statement of Operations Eric – Per the requirements of the Conditional Use Permit Application for an ABC Permit, this is the Section C: Statement of Operations. DETAILED DESCRIPTION OF BUSINESS OPERATIONS  The Tenant Improvement, currently under construction, is to construct a full- service Mexican Restaurant. This Application is for: A. A CUP for a Type 47 Liquor License. B. Live Musical Entertainment (I.e. Mariachis). HOURS AND DAYS OF OPERATION  The Business will operate (7) days a week, as follows:  Monday, Tuesday, Wednesday and Thursday 11:00 AM until 10:00 PM  Friday and Saturday 11:00 AM until 2 AM  Sunday 11:00 AM until 7:00 PM NUMBER OF EMPLOYEES  Exact number to be determined, but approximately 6 – 10 per shift. (Approximately 20 Employees total). PROPOSED PRIVATE SECURITY  Private Security is not anticipated to be required. ESTIMATED NUMBER OF CUSTOMERS  Unknown, but approximately 100/day TOTAL NUMBER OF PARKING SPACES  Not Applicable, per the Old Town Specific Plan FOOD SERVICE  Full service Mexican Restaurant ALCOHOL SERVICE  Full Type 47 alcohol service is requested herein LIVE ENTERTAINMENT  Mariachi Musicians are planner for nightly or weekend performances. It is anticipated that the Live Entertainment will on Thursdays through Saturdays, from approximately 6:00 PM until 10:00 PM. 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: PA20-0628 APPLICANT: Joe Holasek PROPOSAL: A Conditional Use Permit to allow a new restaurant located at 41923 2nd Street, Suite 106, to obtain a California Alcoholic Beverage Control Type 47 License (On-Sale General - Eating Place) and offer live entrainment, and making a finding of exemption under Section 15301 of the California Environmental Quality Act 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 DATE OF HEARING: September 16, 2020 TIME OF HEARING: 6:00 p.m. PLACE OF HEARING: This meeting is being conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. The live stream of the meeting may be viewed on television and/or online. Details can be found at temeculaca.gov/tv. In accordance with Executive Order N- 29-20, the public may only view the meeting on television and/or online and not in the Council Chamber. The complete agenda packet (including any supplemental materials) will be available for viewing on the City’s website – TemeculaCA.gov after 4:00 p.m. the Friday before the Planning Commission meeting. Due to the closure of the Library and other City Buildings and Facilities due to the COVID-19 pandemic, the complete agenda is only viewable on the City website at https://temeculaca.legistar.com/Calendar.aspx. For more information or have questions regarding this project, please contact Eric Jones (951) 506-5115. 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. Submission of Public Comments: For those wishing to make public comments at the September 16, 2020, Planning Commission meeting, please submit your comments by email to be read aloud at the meeting by the Principal Management Analyst. Email comments must be submitted to Lynn Lehner at lynn.lehner@temeculaca.gov. Electronic comments on agenda items for the September 16, 2020, Planning Commission meeting may only be submitted via email and comments via text and social media (Facebook, Twitter, etc.) will not be accepted. Reading of Public Comments: The Principal Management Analyst shall read all email comments, provided that the reading shall not exceed three (3) minutes, or such other time as the Planning Commission may provide, consistent with the time limit for speakers at a Planning Commission meeting. The email comments submitted shall become part of the record of the Planning Commission meeting. Questions? Please call the Case Planner Eric Jones at (951) 506-5115 or the Community Development Department at (951) 694-6400. City of Temecula Community Development 41000 Main Street • Temecula, CA 92590 Phone (951) 694-6400 • TemeculaCA.gov September 17, 2020 Ms. Rosemarie M. Anderson Supervising Legal Certification Clerk County of Riverside P.O. Box 751 Riverside, CA 92501-0751 SUBJECT: Filing of a Notice of Exemption for Planning Application Number PA20-0628, a Conditional Use Permit to allow a new restaurant located at 41923 2nd Street, Suite 106, to obtain a California Alcoholic Beverage Control Type 47 License (On-Sale General - Eating Place) and offer live entrainment, and making a finding of exemption under Section 15301 of the California Environmental Quality Act Dear Ms. Anderson: Enclosed is the Notice of Exemption for the above referenced project. In addition, pursuant to Assembly Bill 3158 (Chapter 1706) please find a check in the amount of $50.00, for the County Administrative fee to enable the City to file the Notice of Exemption required under Public Resources Code Section 21152 and 14 California Code Regulations 1507. The City of Temecula is paying the $50.00 filing fee under protest. It is the opinion of the City that the administrative fee has been increased in a manner inconsistent with the provisions of State Law. Under Public Resources Code Section 21152 and 14 California Code Regulations 1507, the County is entitled to receive a $25.00 filing fee. Also, please return a stamped copy of the Notice of Exemption within five working days after the 30-day posting in the enclosed self-addressed stamped envelope. If you have any questions regarding this matter, please contact Eric Jones at (951) 506-5115. Sincerely, Luke Watson Director of Community Development Enclosures: Check Copies of this letter (2) Self-addressed stamped envelopes (2) Previous Filing Fee Receipt (if applicable) City of Temecula Community Development Planning Division Notice of Exemption TO: County Clerk and Recorders Office FROM: Planning Division County of Riverside City of Temecula P.O. Box 751 41000 Main Street Riverside, CA 92501-0751 Temecula, CA 92590 Project Title: Margarita’s Restaurant Conditional Use Permit (PA20-0628) Description of Project: A Conditional Use Permit to allow a new restaurant to obtain a California Alcoholic Beverage Control Type 47 License (On-Sale General - Eating Place) and offer live entrainment. The project is located at 41923 2nd Street, Suite 106. Project Location: Generally located on the northwest corner of Mercedes Street and Second Street at 41923 Second Street, Suite 106 Applicant/Proponent: Joe Holasek The Planning Commission approved the above described project on September 16, 2020 and found that the project is exempt from the provisions of the California Environmental Quality Act, as amended. Exempt Status: (check one) Ministerial (Section 21080(b)(1); Section 15268); Declared Emergency (Section 21080(b)(3); Section 15269(a)); Emergency Project (Section 21080(b)(4); Section 15269(b)(c)); Statutory Exemptions (Section Number: ) Categorical Exemption: (Section 15301, Class 1, Existing Facilities) Other Statement of Reasons Supporting the Finding that the Project is Exempt: The Conditional Use Permit for a California Alcoholic Beverage Control Type 47 License and live entertainment involves no expansion or a negligible expansion of the existing use. Restaurants are a permitted use at the project site. Type 47 Licenses and live entertainment are also permitted uses upon the approval of a Conditional Use Permit. In addition, the live entertainment will only occur indoors and during limited hours. Finally, there will not be any physical changes to the structure or site as part of this application. As such, this project represents no expansion of the structure, site, or allowable use. Contact Person/Title: Eric Jones, Associate Planner Phone Number (951) 506-5115 Signature: Date: Luke Watson, Director of Community Development