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Home My WebLink About09202023 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 20, 2023 - 6:00 PM CALL TO ORDER: Chair Lanae Turley-Trejo FLAG SALUTE: Commissioner Gary Watts 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. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to PlanningCommission@temeculaca.gov. All public participation is governed by 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. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited . Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to PlanningCommission@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No . 2021-54. 1.Minutes Approve the Action Minutes of September 6, 2023Recommendation: MinutesAttachments: Page 1 Planning Commission Agenda September 20, 2023 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. 2.Planning Application Number PA23-0252, a Certificate of Historical Appropriateness to demolish an approximately 998 square foot historic structure (Al Otto House). The project is located at 28717 Pujol Street, Eric Jones Adopt a resolution entitled: PC RESOLUTION NO. 2023- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA23-0252, A CERTIFICATE OF HISTORICAL APPROPRIATENESS TO DEMOLISH AN APPROXIMATELY 998 SQUARE FOOT HISTORIC STRUCTURE (AL OTTO HOUSE) LOCATED AT 28717 PUJOL STREET, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 922-062-008) Recommendation: Agenda Report Vicinity Map PC Resolution Exhibit A - Draft Conditions of Approval Exhibit B - Plan Reductions Managing Engineering Report and Photos.pdf Notice of Publica Hearing Notice of Exemption Attachments: 3.Planning Application No. PA23-0175, a Conditional Use Permit for a woodcraft art studio to obtain a Type 42 (on-sale beer and wine) alcohol license, and PA23-0343, a Finding of Public Convenience or Necessity at the commercial site located at 31093 Temecula Pkwy., Ste. D5, Jaime Cardenas Page 2 Planning Commission Agenda September 20, 2023 Adopt a resolution entitled: PC RESOLUTION NO. 2023- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA23-0175, A CONDITIONAL USE PERMIT APPLICATION FOR A WOODCRAFT ART STUDIO TO OBTAIN A TYPE 42 ALCOHOL LICENSE (ON-SALE BEER AND WINE) AT THE COMMERCIAL SITE LOCATED AT 31093 TEMECULA PARKWAY, SUITE D5, AND PA23-0343 TO MAKE FINDINGS FOR A PUBLIC CONVENIENCE OR NECESSITY APPLICATION AND FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN: 961-410-048) Recommendation: Agenda Report Aerial Map PC Resolution Exhibit A Draft Conditions of Approval Exhibit B Statement of Operations Exhibit C Statement of Justification Exhibit D Plans 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, October 4, 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 Item No. 1 1 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA SEPTEMBER 6, 2023 - 6:00 PM CALL TO ORDER at 6:00 PM: Chair Lanae Turley-Trejo FLAG SALUTE: Commissioner Bob Hagel ROLL CALL: Hagel, Ruiz, Solis, Turley-Trejo, Watts PUBLIC COMMENT- AGENDA ITEMS The following individual(s) addressed the Commission:  Bob Rainey (Item #3)  Lisa Zachary (Item #3)  Ed Hubler (Item #3)  Glen Aery (Item #4)  Robert Denofrio (Item #3)  Alex Madrid (Item #4)  Dorothy Wilson (Item #3)  Rocky Hale (Item #4)  Maureen Dresch (Item #3)  Joseph Rahhal (Item #4)  Teresa McDonald (Item #3)  Patrick Sneider (Item #4) All electronic comments received were made part of the record of the meeting. CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (5-0): Motion by Hagel, Second by Solis. The vote reflected unanimous approval. 1. Minutes Recommendation: Approve the Action Minutes of July 19, 2023 2. Director's Hearing Summary Report Recommendation: Received and file only, no actions. PUBLIC HEARING 3. Planning Application Number PA23-0260, a Planned Development Overlay Amendment to adjust the boundaries of three (3) existing planning areas and the creation of two (2) new sub-areas within Planning Area 1. The project does not propose any development within the Linfield Christian School Planned Development Overlay District, Scott Cooper 2 Recommendation: Adopt a resolution entitled: PC RESOLUTION NO. 2023-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A PLANNED DEVELOPMENT OVERLAY AMENDMENT TO THE LINFIELD CHRISTIAN SCHOOL PLANNED DEVELOPMENT OVERLAY (PDO-7) GENERALLY LOCATED NORTH OF PAUBA RD., SOUTH OF RANCHO VISTA RD., EAST OF TEMECULA VALLEY HIGH SCHOOL, AND WEST OF GREEN TREE RD., AND MAKE A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (APN: 955-020-012, 017, 018, AND 019) (PA23-0260)” Approved the Staff Recommendation, with a notation that senior housing is conditionally allowed in Planning Area (PA) 1C and 1D only, and not allowed in PA 1A and 1B as set forth in the staff presentation (4-1, Watts opposed): Motion by Ruiz, Second by Solis. The vote reflected unanimous approval with Watts opposing. 4. Planning Application No. PA22-0035, a Development Plan for the construction of an approximately 288,269 square foot, 355 room, seven (7) story, 91 -foot, full service hotel that includes an approximately 174,382 square foot parking garage, conference facilities/ballrooms, full service spa, restaurants, bars/lounges, retail outlets, workout facility, outdoor pool area, and an outdoor wedding garden; and PA22-0037, a Tentative Parcel Map (TPM 38349) to combine ten existing lots into a single lot. The project is located on the east side of Front Street between First Street and Second Street (APNs: 922-072-005, 007, 010, 011, 013, 016, 018, 020, 021, and 023), Scott Cooper Recommendation: If no redesign by the applicant, then adopt resolutions entitled: PC RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. PA22-0035, DEVELOPMENT PLAN FOR AN APPROXIMATELY 288,269 SQUARE FOOT, 355 ROOM, SEVEN (7) STORY, 91-FOOT, FULL SERVICE HOTEL THAT INCLUDES AN APPROXIMATELY 174,382 SQUARE FOOT PARKING GARAGE LOCATED ON THE EAST SIDE OF FRONT STREET BETWEEN FIRST STREET AND SECOND STREET AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (APNS: 922-072-005, 007, 010, 011, 013, 016, 018, 020, 021, AND 023) PC RESOLUTION NO. 3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. PA22-0037, TENTATIVE PARCEL MAP (TPM 38349) TO COMBINE TEN EXISTING LOTS INTO A SINGLE LOT LOCATED ON THE EAST SIDE OF FRONT STREET BETWEEN FIRST STREET AND SECOND STREET AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (APNS: 922-072-005, 007, 010, 011, 013, 016, 018, 020, 021, AND 023) Approved the Staff Recommendation to have the applicant redesign the project to incorporate the Planning Commission’s input and to comply with the development standards of the Old Town Specific Plan (5-0): Motion by Watts, Second by Ruiz. The vote reflected unanimous approval. COMMISSIONER REPORTS COMMISSION SUBCOMMITTEE REPORTS COMMUNITY DEVELOPMENT DIRECTOR REPORT PUBLIC WORKS DIRECTOR REPORT ADJOURNMENT At 9:40 PM, the Planning Commission meeting was formally adjourned to Wednesday, September 20, 2023, at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Lanae Turley-Trejo, Chair Luke Watson, Deputy City Manager 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, Deputy City Manager DATE OF MEETING: September 20, 2023 PREPARED BY: Eric Jones, Case Planner PROJECT SUMMARY: Planning Application Number PA23-0252, a Certificate of Historical Appropriateness to demolish an approximately 998 square foot historic structure (Al Otto House). The project is located at 28717 Pujol Street. RECOMMENDATION: Adopt a Resolution approving the project subject to Conditions of Approval CEQA: Exemption Section 15061.b.3 (Common Sense Exemption) PROJECT DATA SUMMARY Name of Applicant: Al Aguirre General Plan Designation: Specific Plan Implementation (SPI) Zoning Designation: SP-15 (Old Town Specific Plan) Existing Conditions/ Land Use: Site: Existing Single-Family Residence / Specific Plan Implementation (SPI) North: Existing Residential / Specific Plan Implementation (SPI) South: Existing Vacant Lot / Specific Plan Implementation (SPI) East: Pujol Street, Existing Residential / Specific Plan Implementation (SPI) West: Vacant Lot / Specific Plan Implementation (SPI) 2 Existing/Proposed Min/Max Allowable or Required Lot Area: 0.23 Acres 0.08 Acres Total Floor Area/Ratio: N/A N/A Landscape Area/Coverage: N/A N/A Parking Provided/Required: N/A N/A AFFORDABLE/WORKFORCE HOUSING Located in Housing Element Vacant Sites Inventory? Yes No Located in Affordable Housing Overlay Zone (AHOZ)? Yes No AHOZ Gain/Loss: +/- N/A BACKGROUND SUMMARY On June 16, 2023, Al Aguirre, with A.K.A. & Associates, Inc., submitted Planning Application PA23-0252, a Certificate of Historical Appropriateness to demolish a historic structure (Al Otto House) located within the Old Town Specific Plan. 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 Certificate of Historical Appropriateness will allow for the demolition of the Al Otto House upon approval of a Demolition Permit. The Old Town Specific Plan identifies this house as a historic structure that was constructed in approximately 1882 (Table III-1). The house totals approximately 998 square feet and is single story. According to the Temecula Historical Society, the home was at one time also used as a post office. Per the Old Town Specific Plan (Section III.3.b), no existing designated historic building or structure may be demolished, modified, relocated, or altered in anyway, including alterations or modification to the exterior or interior of the building or structure, without a Finding of Historical Appropriateness. The structure has fallen into severe disrepair over the years. A field inspection and related report dated June 29, 2023 by Manning Engineering, Inc. revealed numerous safety concerns. These include, but are not limited to, the following: 1. Significant settlement causing the structure to pull apart extending up through the roof; 2. Structurally inadequate exterior walls; 3 3. Water and termite damage throughout the structure; 4. Underside of floor has soil contact with related damage; 5. Framing members are showing signs of deflection; 6. Structure can be used for transients to occupy. Staff provided the City’s third-party engineering consultant, Interwest, a copy of the report for peer review. Interwest corroborated the assessment from Manning Engineering, Inc. that the structure be demolished. A copy of the report, including related photographs, is included as an attachment to this Staff Report. The Temecula Historical Society has also had an opportunity to review the project. The Society has provided staff correspondence stating that they agree the structure is too far deteriorated to preserve and they will not protest its demolition. In addition, the Society has requested the following: 1. Receive back the commemorative plaque from the building 2. Willingness to place a plaque at the sidewalk to reference the location 3. Have architectural components be incorporated into the entrances of new structures that are reminiscent of the historic structure The applicant has provided correspondence to staff indicating that they will provide prospective buyers of the property with this list of requests from the Society. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in The Press-Enterprise on September 7, 2023 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 exempt from further environmental review (Section 15061.b.3). The project will allow an existing historic structure that has been deemed unsafe and non- repairable to be demolished upon approval of a Demolition Permit. The project site will become a vacant lot with no uses or structures proposed once demolition is complete. Therefore, the project is covered by the commonsense exemption. This is because it can be seen with certainty that there is no possibility the project will have a significant effect on the environment. FINDINGS Certificate of Historical Appropriateness (Old Town Specific Plan Section III.1.3.a) That the proposed project is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. 4 The General Plan identifies the project site as Specific Plan Implementation (SPI) because it is located within the Old Town Specific Plan. The project will allow for the approval of a Certificate of Historical Appropriateness to demolish an existing historic structure that has fallen into severe disrepair. The project, as conditioned is also consistent with other applicable requirements of State law and local ordinances, including the California Environmental Quality Act (CEQA) and Building Codes. The project is designed for the protection of the public health, safety, and general welfare. The site has fallen into disrepair and represents a hazard to the public. Furthermore, an engineering report states that that the structure is beyond repair and should be demolished. Demolition of the structure is designed for the protection of the public health, safety, and general welfare. That the proposed project is in conformance with the requirements of the Old Town Specific Plan, including the goals, objectives and policies, and architectural guidelines and standards. The project will allow for the demolition of an existing historic structure that has fallen into severe disrepair. The condition of the structure has caused the overall project site to be underutilized. Once demolished, a new use and related development can be pursed for the site. This is in conformance with Land Use/Economics Objective 3 of the Old Town Specific Plan. This objective is designed to upgrade underutilized parcels that are currently functioning at less than their market potential and encourage their highest and best use. The applicant has submitted substantial evidence that the structure is imminently dangerous or unsafe and that the structure cannot be effectively repaired or retrofitted. The applicant has submitted a report from Manning Engineering, Inc. stating that the structure is not safe or repairable and is open for transients to occupy. The report recommends that the structure be demolished. Staff presented this report to the City’s third-party engineering review consultant (Interwest) for peer review. The consultant agreed with the findings of the report prepared by Manning Engineering. ATTACHMENTS: 1. Vicinity Map 2. PC Resolution 3. Exhibit A - Draft Conditions of Approval 4. Exhibit B – Plan Reductions 5. Manning Engineering, Inc. Report dated June 29, 2023 6. Notice of Public Hearing 7. Draft Notice of Exemption for County Clerk PC RESOLUTION NO. 2023- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA23-0252, A CERTIFICATE OF HISTORICAL APPROPRIATENESS TO DEMOLISH AN APPROXIMATELY 998 SQUARE FOOT HISTORIC STRUCTURE (AL OTTO HOUSE) LOCATED AT 28717 PUJOL STREET., AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 922-062- 008) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On June 16, 2023, Al Aguirre with A.K.A. & Associates, Inc. filed Planning Application No. PA23-0252, a Certificate of Historical Appropriateness 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 20, 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. PA23-0252 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: Certificate of Historical Appropriateness, Old Town Specific Plan Section III.1.3.a A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. The General Plan identifies the project site as Specific Plan Implementation (SPI) because it is located within the Old Town Specific Plan. The project will allow for the approval of a Certificate of Historical Appropriateness to demolish an existing historic structure that has fallen into severe disrepair. The project, as conditioned is also consistent with other applicable requirements of State law and local ordinances, including the California Environmental Quality Act (CEQA) and Building Codes B. The project is designed for the protection of the public health, safety, and general welfare. The site has fallen into disrepair and represents a hazard to the public. Furthermore, an engineering report states that that the structure is beyond repair and should be demolished. Demolition of the structure is designed for the protection of the public health, safety, and general welfare. C. That the proposed project is in conformance with the requirements of the Old Town Specific Plan, including the goals, objectives and policies, and architectural guidelines and standards. The project will allow for the demolition of an existing historic structure that has fallen into severe disrepair. The condition of the structure has caused the overall project site to be underutilized. Once demolished, a new use and related development can be pursued for the site. This is in conformance with Land Use/Economics Objective 3 of the Old Town Specific Plan. This objective is designed to upgrade underutilized parcels that are currently functioning at less than their market potential and encourage their highest and best use. D. The applicant has submitted substantial evidence that the structure is imminently dangerous or unsafe and that the structure cannot be effectively repaired or retrofitted. The applicant has submitted a report from Manning Engineering, Inc. stating that the structure is not safe or repairable and is open for transients to occupy. The report recommends that the structure be demolished. Staff presented this report to the City’s third- party engineering review consultant (Interwest) for peer review. The consultant agreed with the findings of the report prepared by Manning Engineering. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Certificate of Historical Appropriateness Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15061.b.3) The project will allow an existing historic structure that has been deemed unsafe and non- repairable to be demolished upon approval of a Demolition Permit. The project site will become a vacant lot with no uses or structures proposed once demolition is complete. Therefore, the project is covered by the commonsense exemption. This is because it can be seen with certainty that there is no possibility the project will have a significant effect on the environment. Section 4. Conditions, Statement of Operations, and Plans. The Planning Commission of the City of Temecula approves Planning Application No. PA23-0252, A Certificate of Historical Appropriateness to demolish a historic structure (Al Otto House) located at 28717 Pujol Street, subject to the Final Conditions of Approval set forth on Exhibit A and the Plans set forth on Exhibit B, attached hereto, and incorporated herein by this reference. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20th day of September, 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 foregoing 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 20th day of September, 2023, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: Luke Watson Secretary CITY OF TEMECULA CONDITIONS OF APPROVAL ACCEPTANCE Planning Application Number: PA23-0252 By signing below, I/we have agreed to the following Conditions of Approval, including (but not limited to) any referenced documents, local state, or federal regulations, statement of operations, hours of operation, floor plans, site plans, and Conditions that may require the payment or reimbursement of fees, as described. I/we have read the attached Conditions of Approval and understand them. I/we also understand that violations or non-compliance with these Conditions of Approval, may delay a project, and/or result in the revocation of a perm it in accordance with the Temecula Municipal Code. I/we are also responsible for disclosing these Conditions of Approval to any successive owners/operators. I/we agree and commit to the City of Temecula that I/we will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions. Property Owner Printed Name _________________________ Applicant Printed Name _________________________ Property Owner Signature & Date ___________________________ Applicant Signature & Date ___________________________ Parcel Number(s): 922-062-008 EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: Project Description: PA23-0252 McCoy Historical Structure Certificate of Historical Appropriateness: A Certificate of Historical Appropriateness to demolish an approximately 998 square foot historic structure (Al Otto House). The project is located at 28717 Pujol Street. Assessor's Parcel No.: 922-062-008 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 20, 2023 September 20, 2026 New Street In-lieu of Fee: N/A (Not Located within the Uptown Temecula Specific Plan) PLANNING DIVISION Within 48 Hours of the Approval Page 1 of 3 Applicant Filing Notice of Determination. APPLICANT ACTION REQUIRED: The applicant/developer is responsible for filing the Notice of Determination 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 Determination 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 Determination within 24 hours of approval via email. If the applicant/developer has not received the Notice of Determination 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, ente r into an agreement with the City to pay such expenses as they become due. 2. Page 2 of 3 Expiration. This approval shall be used within three 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 three-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 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. 4. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 5 (Old Town). 5. Modifications or Revisions. The developer shall obtain City approval for any modifications or revisions to the approval of this project. 6. Construction and Demolition Debris. The developer shall contact the City’s franchised solid waste hauler for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City’s franchise solid waste hauler for disposal of construction and demolition debris. Only the City’s franchisee may haul demolition and construction debris. 7. Certificate of Asbestos Testing. A Certificate of Asbestos Testing, and abatement (as needed), will be required prior to issuance of a demolition permit. 8. Outside Agencies Temecula Valley Historical Society. The project shall comply with the correspondence provided by the Temecula Valley Historical Society dated August 1, 2023, on file with the Planning Department. This correspondence shall be provided to any future buyer of the parcel. 9. Page 3 of 3 MANNING ENGINEERING, INC. 27574 Commerce Center Dr. Suite 133 Temecula, CA 92590 : 951- 296-1044  : 951-296-1047 : info@manningrce.com June 29th, 2023 City of Temecula Building and Safety 41000 Main Street Temecula, CA 92590 Re: Field Inspection Report Historical Structure 28717 Pujol St Temecula, CA 92590 To Whom It May Concern, Manning Engineering, Inc performed a field inspection at the above site on March 29th, 2023. Our inspection was to determine the feasibility to restore the structure. The house is abandoned and in disrepair built circa 1882. Based on our visual inspection, we can say the following: 1.The structure show areas of significant settlement. The settlement is not uniform causing portions of the structure to pull apart extending up through the roof. 2. Termite damage is evident throughout the structure. 3. Water damage is evident throughout the structure. 4.Walls on the exterior are 1 ½ x 3 flat-wise and are structurally not adequate. 5. Roof framing is substantially under-sized and lacks proper framing and connection to form a carpenter truss. Beams and joists are undersized. 6. The underside of the floor has areas in contact with soil and shows damage throughout. 7. There is no foundation with resulting settlement and termite damage. 8. The structure has no seismic or wind provisions and the walls have racked as a result requiring the walls to be rebuilt. The structural framing is not adequate to resist gravity loads and this shows in framing members having excess deflection. There are no seismic resisting elements. There are no positive connections in many parts of the framing. No shear walls on footings exist and is a hazard for heavy wind or seismic loads. It is our opinion that the structure is not safe or repairable and is open for the homeless and transients to occupy. It is our recommendation that the structure be demolished. See attached exhibit A. Please call our office if you have any questions or concerns. Respectfully, Bruce J. Manning, RCE Notice of Public Hearing THE CITY OF TEMECULA - 41000 Main Street- Temecula, CA 92590 – TemeculaCA.gov A PUBLIC HEARING has been scheduled before the PLANNING COMMISSION to consider the matter(s) described below: Case No.: PA23-0252 Applicant: Al Aguirre Project Location: 28717 Pujol Street Proposal: A Certificate of Historical Appropriateness to demolish an approximately 998 square foot historic structure (Al Otto House). The project is located at 28717 Pujol Street. Environmental Action: In accordance with the California Environmental Quality Act (CEQA), In accordance with the California Environmental Quality Act (CEQA), staff has determined that the proposed project is exempt from further environmental review pursuant to CEQA Section 15061(b)(3). Case Planner: Eric Jones, 951-506-5115 PLACE OF HEARING: 41000 Main Street, Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: September 20, 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. City of Temecula Community Development 41000 Main Street • Temecula, CA 92590 Phone (951) 694-6400 • TemeculaCA.gov VIA-ELECTRONIC SUBMITTAL CEQAProcessing@asrclkrec.com September 21, 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 Number PA23-0252 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 Eric Jones at email: eric.jones@TemeculaCA.gov. Sincerely, Matt Peters Assistant Director of Community Development Enclosures: Notice of Exemption Form Electronic Payment - Filing Fee Receipt 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: Pujol Certificate of Historical Appropriates (PA23-0252) Description of Project: A Certificate of Historical Appropriateness to demolish an approximately 998 square foot historic structure (Al Otto House). Project Location: 28717 Pujol Street, Temecula, CA 92590 Applicant/Proponent: Al Aguirre The Planning Commission approved the above-described project on September 20, 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 Other: Section 15061(b)(3) Statement of Reasons Supporting the Finding that the Project is Exempt: The project will allow an existing historic structure that has been deemed unsafe and non-repairable to be demolished upon approval of a Demolition Permit. The project site will become a vacant lot with no uses or structures proposed once demolition is complete. Therefore, the project is covered by the commonsense exemption. This is because it can be seen with certainty that there is no possibility the project will have a significant effect on the environment. Contact Person/Title: Eric Jones, Associate Planner Telephone Number (951) 506-5115 Signature: Date: Matt Peters Assistant Director of Community Development Date received for filing at the County Clerk and Recorders Office: Item No. 3 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: September 20, 2023 PREPARED BY: Jaime Cardenas, Case Planner PROJECT SUMMARY: Planning Application No. PA23-0175, a Conditional Use Permit application for a woodcraft art studio to obtain a Type 42 (on-sale beer and wine) alcohol license, and PA23-0343, a Finding of Public Convenience or Necessity (PCN) at the commercial site located at 31093 Temecula Parkway, Suite D5. 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: Ramon Casas General Plan Designation: Professional Office (PO) Zoning Designation: Planned Development Overlay District 4; PDO-4(R) Existing Conditions/ Land Use: Site: Developed Commercial Center, Planned Development Overlay 4 (PDO-4) North: Commercial Center, Professional Office (PO) South: Temecula Creek, Open Space (OS) East: Commercial Center, Professional Office (PO) West: Commercial Center, Professional Office (PO) BACKGROUND SUMMARY On April 21, 2023, Ramon Casas submitted a Conditional Use Permit and Finding of Public Convenience or Necessity application (PCN) for Board and Brush Creative Studio to obtain a Type 42 (On-Sale Beer & Wine) ABC license for the woodcraft art studio. The creative studio is a “do it yourself” wood working and craft studio offering their customers classes to create home decorations, trays, lawn games, clocks, holiday items and other miscellaneous projects. The applicant proposes to locate at 31093 Temecula Parkway, Suite D5. 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 proposed 1,078 square-foot Board & Brush Creative Studio is located within the Temecula Creek Plaza commercial center and is currently surrounded by other food and retail uses including Toast, Francesca’s, Epic Wing’s, Golden Bowl, and Kabob House. The existing building is located in Census Tract 432.07. Census Tract 432.07 currently has four (4) active on-sale licenses. Under the California Department of Alcoholic Beverage Control’s (ABC) regulations, Census Tract 432.07 is considered “over-concentrated” although there are no Type 42 licenses in the Census Tract. According to ABC’s regulations, four (4) on-sale licenses are permitted before a PC or N is required. There are currently 29 active ABC licenses. The proposed Conditional Use Permit allows for the incidental sales of alcohol to registered customers who have purchased a studio session. The sale of alcohol to outside users is not permitted. Under the Type 42 (on-sale beer and wine) ABC license, the applicant may serve beer and wine to customers. Serving alcohol is strictly incidental to the primary use; providing crafting classes for individuals and groups. The hours of operation are Wednesday, Friday and Saturday evenings from 5:00 PM through 10:00 PM and Saturdays and Sundays from 10:00 AM through 2:00 PM. At the present, the applicant does not plan to offer pre-packaged food or snacks. The applicant may elect to do so in the future. Per the applicant’s statement of operations, outside food may be allowed into the premises. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in The Press-Enterprise on September 7, 2023 and mailed to the property owners within the required 1,100-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. Under Section 15301, Class 1, Existing Facilities, licensing and permitting that involves negligible or no changes in use qualify for a categorical exemption. Alcohol sales are incidental uses in crafting classes and the sale of beer and wine (on-sale) involves a negligible change in use. Additionally, all access and public utilities are available to the site, and the use is in conformance with all zoning requirements of the Development Code. Moreover, the proposed project is also exempt from further environmental review pursuant to CEQA Guidelines Section 15061(b)(3) as it can be seen with certai nty that there is no possibility that the sale of alcohol to patrons may have a significant effect on the environment. As noted above, the studio use is not expanded or being altered in any way. Instead, the service of alcohol would be an incidental use to the craft shop’s overall operations. FINDINGS Finding For Conditional Use Permit (Section 17.04.010 E.1) The proposed use is consistent with the General Plan and Development Code. The proposed use is consistent with the City of Temecula General Plan which specifies that the Planned Development Overlay- 4 (PDO-4) designation includes retail, professional office, restaurants, professional and medical offices. The sale of beer and wine would serve as an incidental use to the establishment operations. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. Board & Brush Creative Studio is proposed within an existing shopping center on a developed lot within the Professional Office (PO) General Plan land use designation. As conditioned, the proposed 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. The existing retail center contains other retail and alcohol-serving restaurant uses that are compatible with the proposed use. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this development code and required by the planning commission or council in order to integrate the use with other uses in the neighborhood. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, 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. Board & Brush Creative Studio will occupy an existing commercial/retail center that was developed in accordance with the Development Code and General Plan. 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 Planned Development Overlay 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 ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. The decision to approve, conditionally approve, or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning 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. Finding of Public Convenience or Necessity (Section 17.10.020) The proposed use is consistent with the General Plan and Development Code. The proposed use is consistent with the City of Temecula General Plan which specifies that the Planned Development Overlay- 4 (PDO-4) designation includes retail, professional office, restaurants, professional and medical offices. 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. The use is compatible with the nature, condition and development of adjacent uses, buildings and structures as the use is located in a developed commercial center containing other retail and restaurant businesses, 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 will not adversely affect the adjacent uses, buildings or structures as the surrounding uses are commercial in nature. There are other restaurants and retail establishments in the area that serve alcohol. 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. The project is located in a Census Tract which ABC considers “over-concentrated” with on-sale licenses. Per ABC, four (4) on-sale licenses are allowed in this tract, and 29 currently exist. Therefore, a Finding of Public Convenience or Necessity is required for the project to be the proposed establishment with an off- sale ABC License within the Census Tract. A license for a project in the census tract for a Type 42 (on - sale beer and wine) would not result in an excessive number of similar establishments. This business is unique in that it is woodcrafting art studio that allows customers to create home decorations and other items while being offered beer or wine during their woodcrafting session. As such, there are not similar establishments that offer this type of service in close proximity. ATTACHMENTS: 1. Aerial Map 2. PC Resolution 3. Exhibit A – Draft Conditions of Approval 4. 5. Exhibit B - Statement of Operations Exhibit C - Statement of Justification 6. Exhibit D - Plans 7. Notice of Exemption 8. Notice of Public Hearing 1 PC RESOLUTION NO. 2023- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA23-0175, A CONDITIONAL USE PERMIT APPLICATION FOR A WOODCRAFT ART STUDIO TO OBTAIN A TYPE 42 ALCOHOL LICENSE (ON- SALE BEER AND WINE) AT THE COMMERCIAL SITE LOCATED AT 31093 TEMECULA PARKWAY, SUITE D5, AND PA23-0343 TO MAKE FINDINGS FOR A PUBLIC CONVENIENCE OR NECESSITY APPLICATION AND FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN: 961-410- 048) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On April 21, 2023, Ramon Casas filed Planning Application No. PA23-0175 for a Conditional Use Permit and PA23-0343 a Public Convenience or Necessity 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 20, 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 Nos. PA23-0175 and PA23-0343 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: 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 use is consistent with the City of Temecula General Plan which specifies that the Planned Development Overlay-4 (PDO-4) designation includes retail, professional 2 office, restaurants, professional and medical offices. The sale of beer and wine would serve as an incidental use to the establishment operations. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. Board & Brush Creative Studio is proposed within an existing shopping center on a developed lot within the Professional Office (PO) General Plan land use designation. As conditioned, the proposed 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. The existing retail center contains other retail and alcohol-serving restaurant uses that are compatible with the proposed use. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this development code and required by the planning commission or council in order to integrate the use with other uses in the neighborhood. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, 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. Board & Brush Creative Studio will occupy an existing commercial/retail center that was developed in accordance with the Development Code and General Plan. 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 Planned Development Overlay 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 ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. Section 3. The proposed conditional use is consistent with the General Plan and the Development Code; Finding of Public Convenience or Necessity (Development Code Section 17.10.020.B.9) A. The proposed use is consistent with the General Plan and Development Code. The proposed use is consistent with the City of Temecula General Plan which specifies that the Planned Development Overlay- 4 (PDO-4) designation includes retail, 3 professional office, restaurants, professional and medical offices. 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. The use is compatible with the nature, condition and development of adjacent uses, buildings and structures as the use is located in a developed commercial center containing other retail and restaurant businesses, 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 will not adversely affect the adjacent uses, buildings or structures as the surrounding uses are commercial in nature. There are other restaurants and retail establishments in the area that serve alcohol. 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 on-sale licenses. Per ABC, four (4) on -sale licenses are allowed in this tract, and 29 currently exist. Therefore, a Finding of Public Convenience or Necessity is required for the project to be the proposed establishment with an off-sale ABC License within the Census Tract. A license for a project in the census tract for a Type 42 (on -sale beer and wine) would not result in an excessive number of similar establishments . This business is unique in that it is woodcrafting art studio that allows customers to create home decorations and other items while being offered beer or wine during their woodcrafting session. As such, there are not similar establishments that offer this type of service in close proximity. Section 4. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Public Convenience or Necessity 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 Facilities) Section 5. Conditions. The Planning Commission of the City of Temecula approves Planning Application Nos. PA23-0175 and PA23-0343, subject to the Final Conditions of Approval set forth on Exhibit A, Statement of Operations set forth on Exhibit B, Statement of 4 Justification on Exhibit C, and the Plans set forth on Exhibit D, attached hereto, and incorporated herein by this reference. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20th day of September 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 foregoing 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 20h day of September 2023, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: Luke Watson Secretary CITY OF TEMECULA CONDITIONS OF APPROVAL ACCEPTANCE Planning Application Number: PA23-0175, PA23- 0343 By signing below, I/we have agreed to the following Conditions of Approval, including (but not limited to) any referenced documents, local state, or federal regulations, statement of operations, hours of operation, floor plans, site plans, and Conditions that may require the payment or reimbursement of fees, as described. I/we have read the attached Conditions of Approval and understand them. I/we also understand that violations or non-compliance with these Conditions of Approval, may delay a project, and/or result in the revocation of a permit in accordance with the Temecula Municipal Code. I/we are also responsible for disclosing these Conditions of Approval to any successive owners/operators. I/we agree and commit to the City of Temecula that I/we will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions. Property Owner Printed Name _________________________ Applicant Printed Name _________________________ Property Owner Signature & Date ___________________________ Applicant Signature & Date ___________________________ Parcel Number(s): 961-410-048 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: Project Description: PA23-0175, PA23-0343 Board and Brush Creative Studio CUP: Planning Application No. PA23- 0175, a Conditional Use Permit application for a woodcraft art studio to obtain a Type 42 (on-sale beer and wine) alcohol license, and PA23-0343, a Finding of Public Convenience or Necessity (PCN) at the commercial site located at 31093 Temecula Parkway, Suite D5. Assessor's Parcel No.: 961-410-048 N/A (No New Grading/Square Footages) MSHCP Category: N/A (No New Square Footages) DIF Category: TUMF Category: Quimby Category: Approval Date: Expiration Date: N/A (No New Square Footages) N/A (No New Square Footages) N/A (Not a Residential Project) September 20, 2023 September 20, 2025 New Street In-lieu of Fee: N/A (Not Located Within the Uptown Temecula Specific Plan) PLANNING DIVISION Within 48 Hours of the Approval Page 1 of 6 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 6 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. Consistency with Planned Development Overlay. This project and all subsequent projects within this site shall be consistent with Development Planned Overlay District 4- Temecula Creek Village. 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 March 25, 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. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City’s Development Code. 9. City Review and Modification of CUP. The City, its Director of Community Development, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the m odification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Director of Community Development, Planning Commission and City Council is in addition to, and not in-lieu of, the right of the City, its Director of Community Development, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. 10. Posting of Local Transportation Providers. An 8.5” x 11” (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce at (951) 676-5090. 11. Alcohol Sales. The proposed Conditional Use Permit allows for the incidental sales of alcohol to registered customers who have purchased a studio session. The sale of alcohol to outside users is not permitted. 12. 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. 13. LEAD Certification. All persons responsible for serving alcohol shall obtain a certificate from Alcoholic Beverage Control's Licensee Education on Alcohol and Drugs (LEAD) program. 14. Page 3 of 6 Hours of Operation & Termination of Alcohol Sales. The hours of operation for this conditional use permit shall be as follows: Monday: 10:00 AM- 10:00PM Tuesday: 10:00 AM- 10:00PM Wednesday: 10:00 AM- 10:00PM Thursday: 10:00 AM- 10:00PM Friday: 10:00 AM- 10:00PM Saturday: 10:00 AM- 10:00PM Sunday: 10:00 AM- 10:00PM These hours of operation shall supersede any previous conditions of approval, and take precedence over any other conditions of approval in this document that may reference operating hours and times. Hours of operations may be altered temporarily with the approval of a valid limited duration temporary use permit. Hours of operations may be permanently altered only by an approved amendment to this conditional use permit. Under all circumstances, including instances where the establishment closes earlier than the above listed times, the last call indicating the termination of the sale of alcohol shall be no less than on half (1/2) hour prior to closing for all nights of operation. 15. BUILDING AND SAFETY DIVISION General Requirements Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and rela ted codes which are enforced at the time of building plan submittal. 16. Compliance with Code. All design components shall comply with applicable provisions of the most current edition of the California Building, Plumbing and Mechanical Codes; California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and Temecula Municipal Code as identified in Title 15 of the Temecula Municipal Code. 17. ADA Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. Disabled access from the public way to the main entrance of the building. b. Van accessible parking located as close as possible to the main entrance of the building. c. Accessible path of travel from parking to the furthest point of improvement. d. Path of accessibility from parking to furthest point of improvement. e. Accessible path of travel from public right-of-way to all public areas on site, such as trash enclosures, clubhouses, and picnic areas. 18. FIRE PREVENTION General Requirements Fire Requirement. Fire has no conditions for the ABC License. Any changes or modifications to any fire life safety system (sprinklers or alarms) will require a permit with the fire department. Any changes to any walls or addition of any new walls will require a building permit and fire will determine at that time if a sprinkler tenant improvement permit will be required. 19. POLICE DEPARTMENT Page 4 of 6 General Requirements Type 42 License. The applicant has applied for a Type 42 License (On-Sale Beer & Wine – Bar, Tavern). A Type 42 license authorizes the sale of beer, wine for consumption on or off the premises where sold. No distilled spirits may be on the premises. Minors may not enter and remain except as provided in B&P Section 25663.5. Food Service is not required. 20. 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. 21. Identification Verification. Identification will be verified utilizing one of the following: (a) valid California driver’s license; (b) valid California identification card; (c) valid military identification card (active/reserve/retired/dependent); (d) valid driver’s license from any of the 50 States or Territories of the United States; (e) valid U.S. Passport; (f) valid government issued identification card issued by a Federal, State, County or City agency. 22. Acceptable Forms of Identification. As noted above, only a valid government issued identification card issued by a Federal, State, County or City agency is acceptable, providing it complies with Section 25660 of the Business and Profession Code (B&P), which includes the following requirements: (a) name of person; (b) date of birth; (c) physical description; (d) photograph; (e) currently valid (not expired). It is the responsibility of the business owner and any person who serves or sells alcohol to be aware of current laws and regulations pertaining to alcoholic beverages. 23. Live Entertainment. No live entertainment is permitted as part of this Conditional Use Permit application. Any proposed live entertainment would require an amendment to the approved Conditional Use Permit or approval of a Temporary Use Permit in conformance with the Development Code. 24. Disorderly House. Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off sale) that: (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc; and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premise includes the parking lot (Section 25601 B&P; 316 PC). 25. 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). 26. 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). 27. Page 5 of 6 Employee Training for Identification Checks. The applicant shall ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. The Temecula Police Department provides free training for all employers and employees involved in the service and sales of alcoholic beverages. It is the responsibility of the applicant to set up a training session for all new employees. Contact the Crime Prevention and Plans Unit at (951) 506-5132 to set up a training date. Training must be completed prior to the grand opening of this business and periodic updated training when new employees/ management are hired. 28. Public Telephones. Any public telephones located on the exterior of the building should be placed in a well-lighted, highly visible area, and installed with a “call-out only” feature to deter loitering. This feature is not required for public telephones installed within the interior of the building. 29. Type 42 License (Beer & Wine). The sales of alcoholic beverages shall be in accordance with the applicant’s current ABC license, Type 42. The applicant shall abide by all laws, rules and regulations associated with a Type 42 ABC license. 30. 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. 31. Page 6 of 6 Section C:Statement of Operations March 25th,2023 Proposed business operations - Board and Brush Creative Studio is a DIY woodworking and craft studio.Adults will attend pre-scheduled 3-hour classes where they will distress,stain,stencil,and paint wood projects (decorations,trays,lawn games,clocks,holiday items),as well as decorate tote bags,doormats,and burlap projects to take them home.There will be beer and wine offered for customers only,during class times only. Hours and days of operation - Monday,Tuesday,Wednesday,Thursday,Friday,Saturday,Sunday,10:00 AM-10:00 PM (General operating hours 3 PM to 10 PM) We also allow for private group classes,such as bridal showers,birthdays,team building,fundraising, and so on.These classes would vary on availability and requests. Number of employees – 2 Owners,future employees as needed up to 4 Proposed private security (if required)– The property Owner has security that roams the property.We have a Ring Security system consisting of Cameras,Door sensors,and motion detectors. Estimated number of customers – 500/mo Total number of parking spaces – 20+shared Indicate if food will be served – Food may be involved at times with specific projects such as charcuterie boards.We plan to work with local restaurants and businesses to create a synergistic relationship with the area.Jen and I have a small business mindset and want to lift up the area and other businesses in any way we can.We may also serve small pre-packaged small snacks at times. Indicate if alcohol will be served – Beer and Wine will be the only alcohol served at our location. Indicate if a live entertainment permit will be requested separately – N/A Square footage of location - 1,078 Square Feet Total number of customers within the space - 24 Customers Max for classes. Serving of beer &wine - The beer &wine will be served by the owners and trained staff upon hiring.There is a small wooden bar area with two small drink refrigerators and a shelf.The only persons allowed to serve alcohol will be the staff.Customers will not be allowed to serve themselves. Staff certifications - The staff will be trained via the online LEAD training at (https://lead.abc.ca.gov/)Certificates will be stored on the property. Section D – Statement of Justification March 30th, 2023 1. 31093 Temecula Parkway, D5 – Temecula, CA 92592 is suitable and adequate for the proposed use by Board and Brush Creative Studio, Temecula. 2. The proposed use and design would not have an adverse effect on traffic circulation of surrounding areas or the Temecula Creek Plaza, as most of our operating hours are during times the closest businesses are closed. 3. The proposed use would not have an adverse impact on the general welfare of persons residing in the community, as Board and Brush Creative Studios historically bring the community, friends, work groups and families together for a creative experience. 4. The design of the project is compatible with the existing development within the district and it’s surroundings. The hours of operation complement the surrounding businesses. PA23-0175, PA23-0343 Board & Brush Creative Studio CUP and PCN Site Plan Elevation 31093 Temecula Parkway, Suite D5 31093 Temecula Parkway, Suite D5 PA23-0175, PA23-0343 Board & Brush Creative Studio CUP and PCN Floor Plan City of Temecula Community Development 41000 Main Street • Temecula, CA 92590 Phone (951) 694-6400 • TemeculaCA.gov VIA-ELECTRONIC SUBMITTAL CEQAProcessing@asrclkrec.com September 20, 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 Number PA23-0175, a Conditional Use Permit application for a woodcraft art studio to obtain a Type 42 (on-sale beer and wine) alcohol license, and PA23-0343, a Finding of Public Convenience or Necessity (PCN) at the commercial site located at 31093 Temecula Parkway, Suite D5 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 Jaime Cardenas at email jaime.cardenas@TemeculaCA.gov. Sincerely, Matt Peters Assistant Director of Community Development Enclosures: Notice of Exemption Form Electronic Payment - Filing Fee Receipt 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: Board & Brush CUP (PA23-0175, PA23-0343) Description of Project: A Conditional Use Permit application for a woodcraft art studio to obtain a Type 42 (on- sale beer and wine) alcohol license, and a Finding of Public Convenience or Necessity (PCN) Project Location: 31093 Temecula Parkway, Suite D5 Applicant/Proponent: Ramon Casas The Planning Commission approved the above-described project on September 20, 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 15301, Class 1, Existing Facilities) Other: Section 15061(b)(3) Statement of Reasons Supporting the Finding that the Project is Exempt: Under Section 15301, Class 1, Existing Facilities, licensing and permitting that involves negligible or no changes in use qualify for a categorical exemption. Alcohol sales are incidental uses in crafting classes and the sale of beer and wine (on-sale) involves a negligible change in use. Additionally, all access and public utilities are available to the site, and the use is in conformance with all zoning requirements of the Development Code. Moreover, the proposed project is also exempt from further environmental review pursuant to CEQA Guidelines Section 15061(b)(3) as it can be seen with certainty that there is no possibility that the sale of alcohol to patrons may have a significant effect on the environment. As noted above, the studio use is not expanded or being altered in any way. Instead, the service of alcohol would be an incidental use to the craft shop’s overall operations. Contact Person/Title: Jaime Cardenas, Assistant Planner Telephone Number (951) 240-4215 Signature: Date: Matt Peters Assistant Director of Community Development Date received for filing at the County Clerk and Recorders Office: 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.: PA23-0175, PA23-0343 Applicant: Ramon Casas Project Location: 31093 Temecula Parkway, Suite D5 Proposal: A Conditional Use Permit application for a woodcraft art studio to obtain a Type 42 (on-sale beer and wine) alcohol license, and a Finding of Public Convenience or Necessity at a commercial site located at 31093 Temecula Parkway, Suite D5. Environmental Action: In accordance with the California Environmental Quality Act (CEQA), staff has determined that the proposed project is exempt from further environmental review pursuant to CEQA Section 15301, Class 1, Existing Facilities Case Planner: Jaime Cardenas, (951) 240-4215 PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: September 20, 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.