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HomeMy WebLinkAbout05032023 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 MAY 3, 2023 - 6:00 PM CALL TO ORDER: Chair Lanae Turley-Trejo FLAG SALUTE: Commissioner Fernando Solis ROLL CALL: Hagel, Ruiz, Solis, Turley-Trejo, Watts PUBLIC COMMENT A total of 30 minutes is provided for members of the public to address the Commission on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the Commission Secretary or by submitting an email to be included into the record. Email comments must be submitted to PlanningCommission@temeculaca .gov. Speaker cards for in-person comments will be called in the order received by the Commission Secretary . Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 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 Commission request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the Commission on items that appear on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the Commission Secretary or by submitting an email to be included into the record. Email comments must be submitted to PlanningCommission@temeculaca .gov. Speaker cards for in-person comments will be called in the order received by the Commission Secretary. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 1.Minutes Approve the action minutes of March 15, 2023Recommendation: Action MinutesAttachments: Page 1 Planning Commission Agenda May 3, 2023 2.Director's Hearing Summary Report Receive and File Director's Hearing Summary ReportRecommendation: MemorandumAttachments: 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 the hearing. 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. For public hearings each speaker is limited to 5 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the Commission Secretary or by submitting an email to be included into the record. Email comments must be submitted to PlanningCommission@temeculaca.gov. Email comments on all matters, including those not on the agenda, must be received prior to the time the item is called for public comments. Any person dissatisfied with a decision of the Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision. The appeal must be filed on the appropriate Community Development Department form and be accompanied by the appropriate filing fee. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No . 2021-54. 3.Planning Application Nos. PA23-0071 and PA23-0150, a Conditional Use Permit and Public Convenience or Necessity for a Type 20 ABC License for off-sale beer and wine at a previously approved gasoline service station and convenience store located at 41480 Sanborn Avenue, Scott Cooper Adopt resolutions entitled: PC RESOLUTION NO. 2023- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA23-0071, A CONDITIONAL USE PERMIT FOR A TYPE 20 ABC LICENSE FOR OFF-SALE BEER AND WINE AT A PREVIOUSLY APPROVED GASOLINE SERVICE STATION AND CONVENIENCE STORE LOCATED AT 41480 SANBORN AVENUE AND MAKING A FINDING OF EXEMPTION UNDER SECTION 15061(B)(3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PC RESOLUTION NO. 2023- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA23-0150, A FINDING OF PUBLIC CONVENIENCE OR NECESSITY FOR THE OPERATION OF A GAS STATION AND Recommendation: Page 2 Planning Commission Agenda May 3, 2023 CONVENIENCE STORE UNDER A TYPE 20 (OFF-SALE BEER AND WINE) ABC LICENSE AT 41480 SANBORN AVENUE AND MAKING A FINDING OF EXEMPTION UNDER SECTION 15061(B) (3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Agenda Report Aerial Map PC Resolution - Conditional Use Permit Exhibit A - Conditions of Approval.doc Exhibit B - Plan Reductions Exhibit C - Statement of Operations PC Resolution - Public Convenience or Necessity Notice of Exemption Notice of Public Hearing 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, May 17, 2023, 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 Planning Commission regarding any item on 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 1 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA MARCH 15, 2023 - 6:00 PM CALL TO ORDER at 6:00 PM: Chair Lanae Turley-Trejo FLAG SALUTE: Vice-Chair Bob Hagel ROLL CALL: Hagel, Ruiz, Solis, Turley-Trejo, Watts (absent) PUBLIC COMMENT - None CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (4-0, Watts absent): Motion by Ruiz, Second by Hagel. The vote reflected unanimous approval with Watts absent. 1. Minutes Recommendation: Approve the action minutes of March 1, 2023 PUBLIC HEARING 2. Planning Application Number PA22-1052, a Modification to a Conditional Use Permit to allow an existing hotel with a restaurant to revise its alcohol license from a Type 70 to a Type 47. The project is located at 28210 Jefferson Avenue, Eric Jones Recommendation: Adopt a resolution entitled: PC RESOLUTION NO. 2023-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA23-1052, A MODIFICATION TO A CONDITIONAL USE PERMIT ALLOW AN EXISTING HOTEL TO REVISE THEIR ALCOHOL LICENSE FROM A TYPE-70 TO A TYPE-47 AT 28210 JEFFERSON AVENUE, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 921-060-056) Approved the Staff Recommendation (4-0, Watts absent): Motion by Ruiz, Second by Hagel. The vote reflected unanimous approval with Watts absent. 2 COMMISSIONER REPORTS COMMISSION SUBCOMMITTEE REPORTS COMMUNITY DEVELOPMENT DIRECTOR REPORT PUBLIC WORKS DIRECTOR REPORT ADJOURNMENT At 6:32 PM, the Planning Commission meeting was formally adjourned to Wednesday, April 5, 2023, at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Lanae Turley-Trejo, Chair Luke Watson, Deputy City Manager CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Deputy City Manager DATE: May 3, 2023 SUBJECT: Director's Hearing Summary Report Community Development Director’s Agenda item(s) for April 2023. Date Case No. Proposal Applicant Action April 20, 2023 PA23-0036 A resolution of the Director of Community Development of the City of Temecula Approving Planning Application No. PA23- 0036, a Revision to Tentative Parcel Map (No. 38166) for Condominium Purposes to revise internal lot lines. Michael Grant APPROVED DH RESOLUTION NO. 2023-01 Attachments: Action Agendas ACTION AGENDA ACTION AGENDA TEMECULA COMMUNITY DEVELOPMENT DIRECTOR'S HEARING MEETING TEMECULA CITY HALL COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA APRIL 13, 2023 - 1:30 PM CALL TO ORDER at 1:30 PM: Luke Watson, Director of Community Development PUBLIC COMMENTS: None Item No. 1 1:30 PM Project Number: PA23-0036 Project Type: Tentative Parcel Map Revision (No. 38166) Project Title: Lantern Crest TPM 38166 Revision Applicant: Michael Grant Project Description: Planning Application Number PA23-0036, a Revision to Tentative Parcel Map (No. 38166) for Condominium Purposes to revise internal lot lines. Location: Southeast corner of Date Street and Ynez Road Environmental Action: No further environmental review required Section 15162, Subsequent EIRs and Negative Declarations Section 15182, Projects Pursuant to a Specific Plan Project Planner: Scott Cooper, Case Planner ACTION: APPROVED ADJOURNMENT: The meeting was adjourned at 1:33 PM 1 STAFF REPORT – PLANNING CITY OF TEMECULA PLANNING COMMISSION TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Deputy City Manager DATE OF MEETING: May 3, 2023 PREPARED BY: Scott Cooper, Case Planner PROJECT SUMMARY: Planning Application Nos. PA23-0071 and PA23-0150, a Conditional Use Permit and Public Convenience or Necessity for a Type 20 ABC License for off-sale beer and wine at a previously approved gasoline service station and convenience store located at 41480 Sanborn Avenue RECOMMENDATION: Adopt a Resolution approving the project subject to Conditions of Approval CEQA: Categorically Exempt Section 15061(b)(3) PROJECT DATA SUMMARY Name of Applicant: Alfred Daher General Plan Designation: Specific Plan Implementation (SPI) Zoning Designation: Uptown Temecula Specific Plan (SP) Existing Conditions/ Land Use: Site: Vacant / Specific Plan Implementation (SPI) North: Medical Office Building / Specific Plan Implementation (SPI) South: Jefferson Avenue, Vacant Land / Specific Plan Implementation (SPI) East: Commercial Development / Specific Plan Implementation (SPI) West: Sanborn Avenue, Commercial Development / Specific Plan Implementation (SPI) 2 BACKGROUND SUMMARY On September 6, 2022, Planning Applications PA21-0075 and PA21-0076, a Development Plan and Conditional Use Permit for an approximately 10,000 square foot automobile service station consisting of six fueling pumps, convenience store, quick service rest aurant, and multi-tenant retail building located at 41480 Sanborn Avenue was administratively approved. On February 16, 2023, Alfred Daher submitted Planning Application No. PA23-0071, a Conditional Use Permit and on April 4, 2023, submitted Planning Application No. PA23-0150, a Public Convenience or Necessity for a Type 20 ABC License for off-sale beer and wine at a previously approved gasoline service station and convenience store located at 41480 Sanborn Avenue. 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 acquisition of a Type 20 ABC License (Off Sale Beer & Wine) will allow the applicant to be competitive with other service stations in the area as there are six (6) other service stations within the Census Tract that operate with a Type 20 ABC License. While the sale of beer and wine is an incidental or conditionally permitted use, the Census Tract is “over-concentrated” with off sale licenses (Types 20 and 21) and requires a Finding of Public Convenience or Necessity for an additional license. Per ABC, there are two (2) off-sale licenses allowed and eighteen existing within the Census Tract. Of those eighteen licenses, sixteen are active, one (1) is suspended, and one (1) has been surrendered. Pursuant to Section 17.10.020 of the Temecula Municipal Code the following standards have been added to the Conditions of Approval for the project: i. No beer or wine shall be displayed within five feet of the cash register or building entrance. ii. No sale of alcoholic beverages shall be made from a drive-up window. iii. No display or sale of beer or wine shall be made from an ice tub or similar device or unit. iv. No beer or wine advertising shall be located on motor fuel islands. v. No beer or wine advertising shall be located on the building, windows, doors, or on freestanding signage. vi. No self-illuminated advertising for beer or wine shall be located on buildings or freestanding signage. vii. Only employees on duty between the hours of ten p.m. and two a.m. who are at least twenty-one years of age may sell alcoholic beverages. viii. Distilled spirits and pre-mixed spirit cocktails are prohibited. 3 LEGAL NOTICING REQUIREMENTS The notice of the public hearing was published in the Press Enterprise on April 20, 2023, and mailed to the property owners within a 600-foot radius. ENVIRONMENTAL DETERMINATION This project is exempt from the California Environmental Quality Act (CEQA) as there is no possibility the proposed project would have a significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). A Notice of Exemption will be prepared and will be filed in accordance with CEQA and the State CEQA Guidelines. FINDINGS Conditional Use Permit (Code Section 17.04.010.E) The proposed conditional use is consistent with the General Plan and the Development Code. Automotive service stations selling beer and/or wine, as conditioned, is an allowable use within the Uptown Temecula Specific Plan. Therefore, the use will be consistent with the General Plan for Temecula as well as the requirements for State law and other Ordinances of the City. The 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 ABC license is associated with a previously approved but not constructed automobile service station. As conditioned, the proposed 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 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 b y the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The application will allow for a Type 20 ABC License (Off Sale Beer & Wine) at a previously approved automobile service station. The site will remain unchanged in size and shape to accommodate the use prescribed in the Development Code and Uptown Temecula Specific Plan as required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. As conditioned, the project will meet all requirements of the Development Code and General Plan 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. The project has been reviewed for, and as conditioned, has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to 4 ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. That the decision to conditionally approve or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal The decision to conditionally approve the application for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Planning Commission. The project has been reviewed for, and as conditioned, has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. Finding of Public Convenience or Necessity (Section 17.10.020) Whether or not the proposed use is consistent with the General Plan and Development Code. As proposed, the project would operate as a gas station with a convenience store. The proposed use is consistent with the City of Temecula General Plan which specifies that the Uptown Temecula Specific Plan designation includes automotive service stations selling beer and/or wine serving the entire community. The sale of beer and wine would serve as an incidental use to the establishment operations. Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses. As conditioned, the previously approved gas station with a convenience store is consistent with the City of Temecula General Plan. The sale of beer and wine serves as an incidental use to the previously approved project and is not anticipated to add additional impacts to the project. Therefore, the use is compatible with the nature, condition and development of adjacent uses, buildings and structures, and the proposed conditional uses will not adversely affect the adjacent uses, buildings or structures. Whether or not the proposed use would have an adverse effect on adjacent land uses. The proposed use is compatible with the nature, condition and development of adjacent uses, buildings and structures, and the proposed use will not adversely affect the adjacent uses, buildings or structures as the surrounding uses are commercial in nature. In addition, the site will remain unaltered, and 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. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity. 5 The project is located in a Census Tract which ABC considers “over-concentrated” with off-sale licenses. Per ABC, two off-sale licenses are allowed in this tract, and eighteen currently exist. Therefore, a Finding of Public Convenience or Necessity is required for the project t o be the nineteenth establishment with an off-sale ABC License within the Census Tract. A license for a project in the census tract for a Type 20 (off-sale beer and wine) would not result in an excessive number of similar establishments as it would be the seventh off-sale license for an automobile service station and would allow the applicant to be competitive with similar businesses in the census tract and the City of Temecula. ATTACHMENTS 1. Aerial Map 2. PC Resolution – Conditional Use Permit 3. Exhibit A - Draft Conditions of Approval 4. Exhibit B – Plan Reductions 5. Exhibit C – Statement of Operations 6. PC Resolution – Public Convenience or Necessity 7. Notice of Exemption 8. Notice of Public Hearing J E F F ER SO N A V E WINCHESTER RDMADISON AVESANBORNAVEBUECKI N G D R Project Site CITY OF TEMECULA PA21-0075 0 400200 Feet\ Date Created: 1/27/2021 1:3,6001 inch = 300 feet 910-272-008 The map PA21-0075.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/gis !"#$15 PC RESOLUTION NO. 2023- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA23-0071, A CONDITIONAL USE PERMIT FOR A TYPE 20 ABC LICENSE FOR OFF-SALE BEER AND WINE AT A PREVIOUSLY APPROVED GASOLINE SERVICE STATION AND CONVENIENCE STORE LOCATED AT 41480 SANBORN AVENUE AND MAKING A FINDING OF EXEMPTION UNDER SECTION 15061(B)(3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On February 16, 2023, Alfred Daher filed Planning Application Nos. PA23-0071 a Conditional Use Permit for a Type 20 ABC license for off-sale beer and wine. On April 4, 2023, Alfred Daher filed Planning Application No. PA23-0150 a Finding of Public Convenience and Necessity. These applications (collectively “project”), were filed in a manner in accord with t he 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 proposed project and environmental review on May 3, 2023, 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. PA23-0071, 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; Automotive service stations selling beer and/or wine, as conditioned, is an allowable use within the Uptown Temecula Specific Plan. Therefore, the use will be consistent with the General Plan for Temecula as well as the requirements for State law and other Ordinances of the City. 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 ABC license is associated with a previously approved but not constructed automobile service station. As conditioned, the proposed 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. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The application will allow for a Type 20 ABC License (Off Sale Beer & Wine) at a previously approved automobile service station. The site will remain unchanged in size and shape to accommodate the use prescribed in the Development Code and Uptown Temecula Specific Plan as required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; As conditioned, the project will meet all requirements of the Development Code and General Plan which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. The project has been reviewed for, and as conditioned, has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. E. That the decision to conditionally approve or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal; The decision to conditionally approve the application for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Planning Commission. The project has been reviewed for, and as conditioned, has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. Section 4. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Development Plan: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review pursuant to Section 15061(b)(3) as there is no possibility the proposed project would have a significant impact on the environment. Section 5. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA23-0071, a Conditional Use Permit for a Type 20 ABC License for off-sale beer and wine located at 41480 Sanborn Avenue, subject to the Final Conditions of Approval set forth on Exhibit A, Plan Reductions set forth on Exhibit B, and the Statement of Operations set forth on Exhibit C, attached hereto, and incorporated herein by this reference. Section 6. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 3rd day of May, 2023. Lanae Turley-Trejo, Chair 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. 2023-__ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 3rd day of May, 2023, 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: PA23-0071 A Conditional Use Permit for a Type 20 ABC License for off-sale beer and wine at a gasoline service station and convenience store, located at 41480 Sanborn Avenue. Assessor's Parcel No.: 910-272-008 N/A (No New Square Footage/Grading) MSHCP Category: N/A (No New Square Footage) DIF Category: TUMF Category: Quimby Category: Approval Date: Expiration Date: N/A (No New Square Footage) N/A (Non-Residential) May 3, 2023 May 3, 2025 New Street In-lieu of Fee: N/A (No New Square Footage) PLANNING DIVISION Within 48 Hours of the Approval Page 1 of 5 Applicant Filing Notice of Exemption. APPLICANT ACTION REQUIRED: The applicant/developer is responsible for filing the Notice of Exemption as required under Public Resources Code Section 21152 and California Code of Regulations Section 15062 within 48 hours of the project approval. If within said 48-hour period the applicant/ developer has not filed the Notice of Exemption as required above, the approval for the project granted shall be void due to failure of this condition. Failure to submit the Notice of Exemption will result in an extended period of time for legal challenges. FEES: Fees for the Notice of Exemption include the Fifty Dollar County ($50.00) administrative fee. The County of Riverside charges additional fees for credit card transactions. FILING: The City shall provide the applicant with a Notice of Exemption within 24 hours of approval via email. If the applicant/developer has not received the Notice of Exemption within 24 hours of approval, they shall contact the case Planner immediately. All CEQA documents must be filed online with the Riverside County Assessor – County Clerk- Recorder. A direct link to the CEQA filings page is available at TemeculaCA.gov/CEQA. COPY OF FILINGS: The applicant shall provide the City with a digital copy of the required filings within 48 hours. 1. General Requirements Indemnification of the City. Indemnity, Duty to Defend and Obligation to Pay Judgments and Defense Costs, Including Attorneys’ Fees, Incurred by the City. The Applicant shall defend, indemnify, and hold harmless the City, its elected officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”) from and against any claims, damages, actions, causes of actions, lawsuits, suits, proceedings, losses, judgments, costs, and expenses (including, without limitation, attorneys’ fees or court costs) in any manner arising out of or incident to the Planning Commission’s actions, this approval and the City Council’s actions, related entitlements, or the City’s environmental review thereof. The Applicant shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding. The City shall promptly notify the Applicant of any claim, action, or proceeding and the City shall reasonably cooperate in the defense. If the City fails to promptly notify the Applicant of any claim, action, or proceeding, or if the City fails to reasonably cooperate in the defense, the Applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City or the Indemnitees. The City shall have the right to select counsel of its choice. The Applicant shall reimburse the City, and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Nothing in this condition shall be construed to require the Applicant to indemnify Indemnitees for any claim arising from the sole negligence or willful misconduct of the Indemnitees. In the event such a legal action is filed challenging the City’s determinations herein or the issuance of the approval, the City shall estimate its expenses for the litigation. The Applicant shall deposit said amount with the City or, at the discretion of the City, enter into an agreement with the City to pay such expenses as they become due. 2. Page 2 of 5 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. A modification made to an approved development plan does not affect the original approval date of a development plan. 3. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to three 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. 4. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 5. Signage Permits. A separate building permit shall be required for all signage. 6. Modifications or Revisions. The developer shall obtain City approval for any modifications or revisions to the approval of this project. 7. Statement of Operations. The applicant shall comply with their Statement of Operations dated February 13, 2023, 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. 8. Previous Conditions of Approval. All previous Conditions of Approval from PA21-0075 and PA21-0076 shall remain in full effect unless superseded herein. 9. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City’s Development Code. 10. 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. 11. Page 3 of 5 Business Conditions. The applicant shall comply with Section 17.10.020 of the Temecula Municipal Code as it may be amended from time to time: i. No beer or wine shall be displayed within five feet of the cash register or building entrance. ii. No sale of alcoholic beverages shall be made from a drive-up window. iii. No display or sale of beer or wine shall be made from an ice tub or similar device or unit. iv. No beer or wine advertising shall be located on motor fuel islands. v. No beer or wine advertising shall be located on the building, windows, doors, or on freestanding signage. vi. No self-illuminated advertising for beer or wine shall be located on buildings or freestanding signage. vii. Only employees on duty between the hours of ten p.m. and two a.m. who are at least twenty-one years of age may sell alcoholic beverages. viii. Distilled spirits and pre-mixed spirit cocktails are prohibited. 12. Compliance with State Laws and Labor Code. The permittee shall comply with all applicable state laws, including the California Labor Code. 13. POLICE DEPARTMENT General Requirements Type 20 License. OFF SALE GENERAL - (Package Store) Authorizes the sale of beer and wine for consumption off the premises where sold, no distilled spirits may be on the premises. Minors are allowed on the premises. 14. 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. 15. 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. 16. 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. 17. Page 4 of 5 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). 18. 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, storeroom, 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). 19. 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). 20. 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. 21. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at telephone number (951) 506-5132. 22. Page 5 of 5 H100 1 12J DISPLAY CASES MERCHANDISERS DIPP SODA / COLD BEVERAGECAPPUCCINOMACHINEICE COFFEEDISPENSERTEA BREWERDISPENSERCOLD BREWCOFFEEDUALCOFFEEBREWERCOFFEE / TEA / HOT BEVERAGEATM COFFEE WARMER AND SERVER FRITO FEM COKE FEM 8' LIQUOR BACKBAR 3' TBB2' 3' TBB CO2 JA B C DA.1 1 2 3 E6P1 P3 P1 P4P4 P3 P3 P2BP3 P4 P1 P1 P1 P5 P1 P3 P3 P1P1 P3 P4 P1 P2B P 3 P1 P5 P5P2BP2B P2B P5 100 200 203 201 202 208 204 206 207 P2BP2B12J JF ED E 5654P4 P1 P4 P2A P3P3P5P 1 P1P1P1 P1 P1P5P2B300 205 204 206 207 P2BP2BTOTAL NET AREA 5,510 SQ. FT. NET AREA TABULATION SUITE 100 - QSR ROOM NAME & NUMBER NET AREA SUITE 200 - C-STORE 200 201 204 203 205 206 H100 202 207 SUITE 300 - QSR 208 SUITE - HOUSE J I H G F E D C B A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NOTE TO CONTRACTOR 3 4 2 1 DESCRIPTIONNO.BY DATE REVISIONS SUBMITTAL OWNER NAME & ADDRESS PROJECT NAME & ADDRESS CONFIDENTIALITY STATEMENT SHEET NUMBER SHEET TITLE 1 A B C D E F G H 2 3 4 5 6 J 7 8 109 11 12 13 14 DRAWN BY: PLOT DATE: CHECKED BY: DATEBYNO. DESCRIPTION DESIGNED BY: SCALE: I JOB No CUP No M:\_Current Projects\E100820 76 Sanborn Ave TEMECULA CA\_CAD\1. Architectural\SHEETS\CD\A-1.0 FLOOR PLAN_CSTORE_QSR_CUP FOR TYPE20 ABC.dwgCONSULTANT/ SEALS TEL: (714)695-9300 FAX: (714)693-1002 www.westernsec.com 4887 E. LA PALMA STE. 707 ANAHEIM, CA 92807 E100820 PA21-0076 AWSS INC. 76 GAS STATION 19851 ESPERANZA RD YORBA LINDA CA 92886 WESTERN STATES ENGINEERING A DESIGN-BUILD COMPANY KARAKI WSe C-STORE / Q.S.R. 41480 SANBORN AVE. TEMECULA CA 92590 Plotted: Wednesday, February 15, 2023 10:14 AM FlorentinoMendoza 2.15.2023 PA21-0075 & RETAILCLEAN AIRVANPOOL / EVCLEAN AIRVANPOOL / EVNO PARKINGP2A P3 P4 P1 P2B P5 WALL LEGEND SCALE:1 C-STORE FLOOR PLAN 3/16" = 1'-0" WS WS JK 3/16" = 1'-0" FLOOR PLAN C-STORE/QSR A-1.0 00 4'11'2'1'8' SCALE:2 QSR FLOOR PLAN 3/16" = 1'-0" 00 4'11'2'1'8'MATCH LINE # 1 - SEE MATCH LINE # 2MATCH LINE # 3 - SEE MATCH LINE # 4ON SHEET A1.1MATCH LINE # 1 - SEE MATCH LINE # 2 Section C: Statement of Operations February 13, 2023 76 Gas Station Convenience Store 41480 Sanborn Ave. Temecula CA 92590 PROPOSED BUSINESS OPERATIONS: The Convenience store with motor fuel dispensing will operate on a 24-hours per day, 7 days per week period. It will offer the sale of pre-packaged food products, hot and cold grab & go food/beverages, household items, tobacco products, newspapers, magazines, in-store ATM, and lottery machine. Below are additional information pertaining to the Convenience store. Store Hours of Operation: 24 hours daily, 7 days a week Beer/Wine Sales Hours: 6:00 a.m. to 2:00 a.m. daily Employees: Minimum of 2 employees on site at all times. During peak hours there will be 5 employees. Overall Store Size: Approximately 3,350 square feet Store Sales Floor Area: 1,667 square feet Beer & Wine Display Area: 174 square feet (10% of Sales Floor Area) Number of Parking Spaces: 32 spaces SECURITY MEASURES: • Policy signs will be posted on premises: “No Open Containers”, “No Consumption of Alcoholic Beverage on the Premises” and “No Loitering”. • No exterior advertising or window signs will advertise beer or wine products; • No beer and wine advertisement located on the motor fuel island. • No beer and wine will be displayed at the cash register or the front door or within ice tubes. • No fortified wines or malt liquor will be sold. • Employees on duty between 10:00pm and 2:00 am who sell beer/wine will be at least 21 years of age. • Store will have 12 surveillance cameras inside the store and 4 outside the store. • Surveillance video is stored for at least 30 days and be made available to law enforcement upon request. • Cooler doors containing beer will be locked from 2:00 a.m. to 6:00 a.m. daily. • All persons that appear younger than 30 years old must provide ID in order to purchase alcohol. • Point of sale system requires cashier to scan the ID to validate age. No alcohol will be sold if customer is a minor. EMPLOYEE TRAINING: • Employees engaged in sale of beer/wine will complete responsible beverage service (RBS) training class that is approved by ABC. • RBS Training includes looking for signs of intoxication, proper identification checking, procedures for dealing with various situations as well as general behavior observance training. PC RESOLUTION NO. 2023- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA23-0150, A FINDING OF PUBLIC CONVENIENCE OR NECESSITY FOR THE OPERATION OF A GAS STATION AND CONVENIENCE STORE UNDER A TYPE 20 (OFF-SALE BEER AND WINE) ABC LICENSE AT 41480 SANBORN AVENUE AND MAKING A FINDING OF EXEMPTION UNDER SECTION 15061(B)(3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On February 16, 2023, Alfred Daher filed Planning Application Nos. PA23-0071 a Conditional Use Permit for a Type 20 ABC license for off-sale beer and wine. On April 4, 2023, Alfred Daher filed Planning Application No. PA23-0150 a Finding of Public Convenience and Necessity. These applications (collectively “project”), were filed 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 proposed project and environmental review on May 3, 2023, 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. PA23-0150, 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 th e Application hereby finds, determines and declares that: Finding of Public Convenience or Necessity, Development Code Section 17.10.020: A. Whether or not the proposed use is consistent with the General Plan and Development Code; As proposed, the project would operate as a gas station with a convenience store. The proposed use is consistent with the City of Temecula General Plan which specifies that the Uptown Temecula Specific Plan designation includes automotive service stations selling beer and/or wine serving the entire community. The sale of beer and wine would serve as an incidental use to the establishment operations. B. Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses; As conditioned, the previously approved gas station with a convenience store is consistent with the City of Temecula General Plan. The sale of beer and wine serves as an incidental use to the previously approved project and is not anticipated to add additional impacts to the project. Therefore, the use is compatible with the nature, condition and development of adjacent uses, buildings and structures, and the proposed conditional uses will not adversely affect the adjacent uses, buildings or structures. C. Whether or not the proposed use would have an adverse effect on adjacent land uses; The proposed use is compatible with the nature, condition and development of adjacent uses, buildings and structures, and the proposed use will not adversely affect the adjacent uses, buildings or structures as the surrounding uses are commercial in nature. In addition, the site will remain unaltered, and 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. D. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity; The project is located in a Census Tract which ABC considers “over-concentrated” with off-sale licenses. Per ABC, two off-sale licenses are allowed in this tract, and eighteen currently exist. Therefore, a Finding of Public Convenience or Necessity is required for the project to be the nineteenth establishment with an off-sale ABC License within the Census Tract. A license for a project in the census tract for a Type 20 (off-sale beer and wine) would not result in an excessive number of similar establishments as it would be the seventh off-sale license for an automobile service stations and would allow the applicant to be competitive with similar businesses in the census tract and the City of Temecula. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Public Convenience or Necessity: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review pursuant to Section 15061(b)(3) as there is no possibility the proposed project would have a significant impact on the environment. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA23-0150, subject to the Findings for Public Convenience or Necessity with no conditions of approval. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 3rd day of May, 2023. Lanae Turley-Trejo, Chair 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. 2023- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 3rd day of May, 2023, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson Secretary VIA-ELECTRONIC SUBMITTAL CEQAProcessing@asrclkrec.com May 4, 2023 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 Nos. PA23-0071 and PA23-0150, a Conditional Use Permit and Public Convenience or Necessity for a Type 20 ABC License for off-sale beer and wine at a previously approved gasoline service station and convenience store located at 41480 Sanborn Avenue Dear Sir/Madam: Enclosed is the Notice of Exemption for the above referenced project. In addition, pursuant to Assembly Bill 3158 (Chapter 1706) the Applicant will pay 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 payment of the $50.00 filing fee is 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 email a stamped copy of the Notice of Exemption within five working days after the 30-day posting to the email listed below. If you have any questions regarding this matter, please contact Scott Cooper at (951) 506-5137 or at email scott.cooper@TemeculaCA.gov . Sincerely, Luke Watson Deputy City Manager Attachments: Notice of Exemption Form Electronic Payment - Filing Fee Receipt [ T y p e a q u o t e f r o m t h e d o c u m e n t o r t h e s u m m a r y o f a n i n t City of Temecula Community Development 41000 Main Street • Temecula, CA 92590 Phone (951) 694-6400 • Fax (951) 694-6477 • TemeculaCA.gov 1 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: 76 Service Station (PA23-0071, PA23-0150) Description of Project: A Conditional Use Permit and Public Convenience or Necessity for a Type 20 ABC License for off-sale beer and wine at a previously approved gasoline service station and convenience store Project Location: 41480 Sanborn Avenue Applicant/Proponent: City of Temecula, County of Riverside The Planning Commission approved the above-described project on May 3, 2023 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 Number 15061(b)(3)) Other: Statement of Reasons Supporting the Finding that the Project is Exempt: This project is exempt from the California Environmental Quality Act (CEQA) as there is no possibility the proposed project would have a significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). Contact Person/Title: Scott Cooper, Senior Planner Phone Number: (951) 506-5137 Signature: Date: Luke Watson Deputy City Manager Notice of Public Hearing THE CITY OF TEMECULA - 41000 Main Street- Temecula, CA 92590 – TemeculaCA.gov A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No.: PA23-0071, PA23-0150 Applicant: Alfred Daher Project Location: 41480 Sanborn Avenue Proposal: Conditional Use Permit and Public Convenience or Necessity for a Type 20 ABC License for off-sale beer and wine at a previously approved gasoline service station and convenience store . Environmental Action: 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 15061(b)(3) Case Planner: Scott Cooper, (951) 506-5137 PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: May 3, 2023 TIME OF HEARING: 6:00 PM The complete agenda packet (including any supplemental materials) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the City’s website – TemeculaCA.gov and will be available for public review at the respective meeting. Any writing distributed to a majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. – 5:00 p.m. In addition, such material will be made available on the City’s website – TemeculaCA.gov – 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.