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Home My WebLink About11012023 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 11]. AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA NOVEMBER 1, 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. 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 Recommendation: Approve the Action Minutes of October 18, 2023 Attachments: Minutes Page 1 Planning Commission Agenda November 1, 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 PA23-0236, a Modification Application to a Conditional Use Permit to revise Conditions of Approval related to operating hours for a new restaurant (Kalaveras,). The proposed revisions will allow the restaurant to remain open until 12:00 AM on Fridays and Saturdays. Additionally, Saturday and Sunday opening hours will begin at 10:00 AM. The restaurant must oven at 11:00 AM on Saturdays and Sundays and close at 11:00 PM on Fridays and Saturdays under the current Conditional Use Permit, Eric Jones Recommendation: Adopt a resolution entitled: PC RESOLUTION NO. 2023- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA23-0236, A MODIFICATION APPLICATION TO A CONDITIONAL USE PERMIT TO REVISE CONDITIONS OF APPROVAL RELATED TO OPERATING HOURS FOR A NEW RESTAURANT (KALAVERAS). THE PROPOSED REVISIONS WILL ALLOW THE RESTAURANT TO REMAIN OPEN UNTIL 12:00 AM ON FRIDAYS AND SATURDAYS. ADDITIONALLY, SATURDAY AND SUNDAY OPENING HOURS WILL BEGIN AT 10:00 AM. THE RESTAURANT MUST OPEN AT 11:00 AM ON SATURDAYS AND SUNDAYS AND CLOSE AT 11:00 PM ON FRIDAYS AND SATURDAYS UNDER THE CURRENT CONDITIONAL USE PERMIT. AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 922-033-021) Page 2 Planning Commission Agenda November 1, 2023 Attachments: Agenda Report Vicinity PC Resolution Exhibit A — Draft Conditions of Approval Exhibit B - Statement of Operations/Menu Exhibit C - Plan Reductions Notice of Public Hearing Notice of Exemption 3. Adopt a Resolution recommending that the City Council adopt an Ordinance amending Titles 5 and 17 of the Temecula Municipal Code related to the administration of land use entitlements, Mark C',ollinc Recommendation: Adopt a resolution entitled: PC RESOLUTION NO. 2023- 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 AMENDING TITLES 5 AND 17 OF THE TEMECULA MUNICIPAL CODE MAKING MINOR REVISIONS TO MASSAGE ESTABLISHMENT, ACCESSORY DWELLING UNIT, HOME OCCUPATION PERMIT, AND TEMPORARY USE PERMIT REGULATIONS, ESTABLISH BATTERY STORAGE AND SHIPPING CONTAINER STANDARDS, CLARIFY THE PERMITTED USES ALLOWED IN THE OPEN SPACE -CONSERVATION DISTRICT, MODIFY THE DEFINITION OF SPECIALTY MARKET AND RESTAURANT, ADD DEFINITION FOR HEALTH AND EXERCISE CLUBS, MAKE OTHER CLERICAL REVISIONS AND MAKE A FINDING OF EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061 (B)(3)." Attachments: Agenda Report PC Resolution Exhibit A- Draft City Council Ordinance Notice of Public Hearing COMMISSIONER REPORTS COMMISSION SUBCOMMITTEE REPORTS COMMUNITY DEVELOPMENT DIRECTOR REPORT PUBLIC WORKS DIRECTOR REPORT Page 3 Planning Commission Agenda November 1, 2023 ADJOURNMENT The next regular meeting of the Planning Commission will be held on Wednesday, November 15, 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 4 Item No. 1 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA OCTOBER 18, 2023 - 6:00 PM CALL TO ORDER at 6:00 PM: Chair Lanae Turley-Trejo FLAG SALUTE: Commissioner Adam A. Ruiz ROLL CALL: Hagel (absent), Ruiz, Solis, Turley-Trejo, Watts 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, Hagel absent): Motion by Solis, Second by Watts. The vote reflected unanimous approval with Hagel absent. 1. Minutes Recommendation: Approve the Action Minutes of September 20, 2023 2. Director's Hearing Summary Report Recommendation: Receive and File Director's Hearing Summary Report Receive and file only, no action. BUSINESS 3. Complete Streets Policy Recommendation: Received and File Complete Streets Policy Receive and file only, no action. PUBLIC HEARING 4. Long Range Planning Project Number LR22-0664, Amending Title 17 of the Temecula Municipal Code as detailed in the proposed Ordinance attached here as Exhibit A Recommendation: Adopt a resolution entitled: PC RESOLUTION NO. 2023-18 A RESOLUTION OF THE PLANNING COMMISSION OF 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 AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO IMPLEMENT THE PROGRAMS IN THE CITY'S HOUSING ELEMENT BY (1) ADDING DEFINITIONS FOR AGRICULTURAL EMPLOYEE HOUSING, EMPLOYEE HOUSING, FAMILY DAY CARE HOME, LARGE FAMILY DAY CARE HOME, LOW BARRIER NAVIGATION CENTER AND SMALL FAMILY DAY CARE HOME, (2) PROVIDING THAT EMPLOYEE HOUSING AND AGRICULTURAL EMPLOYEE HOUSING ARE PERMITTED USES IN THE HR, RR, VL, L-1, L-2, LM, M, AND H ZONES, (3) PROVIDING THAT RESIDENTIAL CARE FACILITIES FOR THE ELDERLY (SEVEN OR MORE) ARE PERMITTED USES IN THE HR, RR, VL, L-1, L-2, LM, HR-SM ZONES, (4) PROVIDING THAT RESIDENTIAL CARE FACILITIES (SEVEN OR MORE) ARE PERMITTED USES IN THE HR, RR, VL, L-1, L-2, LM, M, AND HR-SM ZONES, (5) PROVIDING THAT COMMUNITY CARE FACILITIES ARE PERMITTED IN ALL RESIDENTIAL ZONES, (6) ADDING SUPPORTIVE HOUSING STANDARDS, (7) PROVIDING THAT SUPPORTIVE HOUSING, TRANSITIONAL HOUSING AND LOW BARRIER NAVIGATION CENTERS ARE PERMITTED USES IN THE NC, CC, HT, SC, PO, PI, PDO-2, PDO-4R, PDO-5, PDO-6, PDO-7, PDO-10, AND PDO-14 ZONES, (8) PROVIDING THAT TRANSITIONAL HOUSING AND SUPPORTIVE HOUSING ARE A PERMITTED USE IN THE PDO-11, PDO-12 AND PDO-15 ZONES, (9) UPDATING EMERGENCY SHELTER PARKING STANDARDS, (10) PROVIDING THAT ACCESSORY DWELLING UNITS (ADDS) ARE PERMITTED IN THE PDO-5, PDO-7, PDO-9, PDO-10, PDO-11, PDO-12, AND PDO-15 ZONES, (11) REVISING ADU REGULATIONS, (12) REVISING REASONABLE ACCOMMODATION REGULATIONS, (13) REVISING PARKING STANDARDS FOR MULTI -FAMILY RESIDENTIAL USES WITH 12 UNITS OR LESS, (14) MAKING OTHER REVISIONS TO CONFORM WITH CHANGES IN STATE LAW, AND (15) MAKING A FINDING THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED UNDER CEQA GUIDELINES SECTION 15162" Approved the Staff Recommendation (4-0, Hagel absent): Motion by Ruiz, Second by Solis. The vote reflected unanimous approval with Hagel absent. COMMISSIONER REPORTS COMMISSION SUBCOMMITTEE REPORTS COMMUNITY DEVELOPMENT DIRECTOR REPORT 2 PUBLIC WORKS DIRECTOR REPORT ADJOURNMENT At 6:58 PM, the Planning Commission meeting was formally adjourned to Wednesday, November 1, 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 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: November 1, 2023 PREPARED BY: Eric Jones, Case Planner PROJECT SUMMARY: Planning Application Number PA23-0236, A Modification Application to a Conditional Use Permit to revise Conditions of Approval related to operating hours for a new restaurant (Kalaveras). The proposed revisions will allow the restaurant to remain open until 12:00 AM on Fridays and Saturdays. Additionally, Saturday and Sunday opening hours will begin at 10:00 AM. The restaurant must open at 11:00 AM on Saturdays and Sundays and close at 11:00 PM on Fridays and Saturdays under the current Conditional Use Permit. 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: Jose Bahena General Plan Designation: SPI (Specific Plan Implementation) Zoning Designation: SP-5 (Old Town) Existing Conditions/ Land Use: Site: Existing Commercial Structure / SPI (Specific Plan Implementation) North: Existing Alley, Existing Commercial Structure / SPI (Specific Plan Implementation) South: Fourth Street, Existing Commercial Structure / SPI (Specific Plan Implementation) East: Existing Commercial Structure / SPI (Specific Plan Implementation) West: Old Town Front Street, Existing Commercial Structure / SPI (Specific Plan Implementation) Lot Area: Total Floor Area/Ratio: Landscape Area/Coverage: Existing/Proposed 0.19 Acres Existing N/A N/A Parking Provided/Required: N/A AFFORDABLE/WORKFORCE HOUSING Min/Max Allowable or Required 0.80 Acres Minimum N/A N/A N/A 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 March 17, 2021, the Planning Commission approved Planning Application number PA20- 1074, a Conditional Use Permit (CUP) to allow for an Alcoholic Beverage Control Type 47 license. The CUP included operating hours as well as other requirements and was intended for a restaurant on the project site that is no longer in existence. On June 6, 2023, Jose Bahena submitted Planning Application PA23-0236, a Modification Application to allow for a revision to the originally approved CUP related to hours of operations. 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 Modification will amend the current CUP to allow for an increase in operating hours for a new restaurant. Operating hours under the current approved CUP are: • Monday— Sunday from 11:00 AM — 11:00 PM 2 The modification will extend the closing hour for Fridays and Saturdays from 11:00 PM to 12:00 AM. Additionally, Saturday and Sunday opening hours will begin at 10:00 AM instead of the currently approved 11:00 AM. The complete proposed operating hours for the restaurant are as follows: Day Open Close Monday — Thursday 11:00 AM 11:00 PM Friday 11:00 AM 12:00 AM Saturday 10:00 AM 12:00 AM Sunday 10:00 AM 11:00 PM The project proposes no revisions to the existing Type 47 license. The project also does not propose any revisions to the existing site or structure. Finally, the applicant has not proposed entertainment as part of the application. Staff has informed the applicant that an Entertainment License or Temporary Use Permit are the appropriate application types for any future entertainment. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in The Press -Enterprise on October 19, 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 categorically exempt from further environmental review (Section 15301, Class 1, Existing Facilities). The application will allow a revision to an existing CUP to extend the closing time on Fridays and Saturdays to accommodate anew restaurant. There are no revisions proposed to the existing site or structure as part of the application. The CUP was originally approved for a restaurant. The new use is also a restaurant. The additional operational hours on Friday and Saturday evenings represents a negligible expansion of the former use. FINDINGS MODIFICATIONS (Section 17.05.030.E) 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 application will allow for a modification to an existing CUP that will increase a proposed restaurant's closing time from 11: 00 PM to midnight on Fridays and Saturdays. The original CUP was approved for a restaurant and the new use is also a restaurant. Restaurants continue to be a permitted use with the Old Town Specific Plan. Therefore, the use will remain in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The application will allow for a modification to an existing CUP that will increase a proposed restaurant's closing time from 11: 00 PM to midnight. The project has been reviewed to ensure compliance with the Building, Development, and Fire Codes. These codes contain provisions designed to ensure for the public health, safety, and general welfare. Negative impacts are not anticipated. ATTACHMENTS: l . Vicinity Map 2. PC Resolution 3. Exhibit A — Draft Conditions of Approval 4. Exhibit B - Statement of Operations/Menu 5. Exhibit C - Plan Reductions 6. Notice of Public Hearing 7. Draft Notice of Exemption 922-033-021 CITY OF TEMECULA PA23-0236 sT Project Site 41 o� P� 1:1,200 Date Created: 6/13/2023 The Heart of Southern California Wine Country The map PA23-0236.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:Htemeculaca.gov/gis PC RESOLUTION NO. 2023- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA23-0236, A MODIFICATION APPLICATION TO A CONDITIONAL USE PERMIT TO REVISE CONDITIONS OF APPROVAL RELATED TO OPERATING HOURS FOR A NEW RESTAURANT (KALAVERAS). THE PROPOSED REVISIONS WILL ALLOW THE RESTAURANT TO REMAIN OPEN UNTIL 12:00 AM ON FRIDAYS AND SATURDAYS. ADDITIONALLY, SATURDAY AND SUNDAY OPENING HOURS WILL BEGIN AT 10:00 AM. THE RESTAURANT MUST OPEN AT 11:00 AM ON SATURDAYS AND SUNDAYS AND CLOSE AT 11:00 PM ON FRIDAYS AND SATURDAYS UNDER THE CURRENT CONDITIONAL USE PERMIT. AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 922-033-021) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On March 17, 2021, the Planning Commission approved Planning Application No. PA20-1074, a Conditional Use Permit application for a proposed Type 47 (On -Sale General — Eating Place) Alcoholic Beverage Control (ABC) license for a future restaurant located at 28588 Old Town front Street, second floor. B. On June 6, 2023, Jose Bahena, filed Planning Application No. PA23-0236, a Major Modification Application, in a manner in accord with the City of Temecula General Plan and Development Code. C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Application and environmental review on November 1, 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. E. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA23-0236 subject to and based upon the findings set forth hereunder. F. 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: Modifications, Development Code Section 17.05.030.E A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. The application will allow for a modification to an existing CUP that will increase a proposed restaurant's closing time from 11: 00 PM to midnight on Friday's and Saturdays. The original CUP was approved for a restaurant and the new use is also a restaurant. Restaurants continue to be a permitted use with the Old Town Specific Plan. Therefore, the use will remain in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The application will allow for a modification to an existing CUP that will increase a proposed restaurant's closing time from 11: 00 PM to midnight. The project has been reviewed to ensure compliance with the Building, Development, and Fire Codes. These codes contain provisions designed to ensure for the public health, safety, and general welfare. Negative impacts are not anticipated. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Major Modification Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1, Existing Facilities) The application will allow a revision to an existing CUP to extend the closing time on Fridays and Saturdays to accommodate anew restaurant. There are no revisions proposed to the existing site or structure as part of the application. The CUP was originally approved for a restaurant. The new use is also a restaurant. The additional operational hours on Friday and Saturday evenings represents a negligible expansion of the former use. Section 4. Conditions, Statement of Operations, and Plans. The Planning Commission of the City of Temecula approves Planning Application No. PA23-0236, a Modification Application to a Conditional Use Permit to revise Conditions of Approval related to operating hours for a new restaurant located at 28588 Old Town Front Street, subject to the Final Conditions of Approval set forth on Exhibit A, Statement of Operations set forth on Exhibit B, and the Plans set forth on Exhibit C, attached hereto, and incorporated herein by this reference. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 1"day of November, 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 1st day of November, 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: PA23-0236 Parcel Number(s): 922-033-021 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 Property Owner Signature & Date Applicant Printed Name Applicant Signature & Date EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA23-0236 Project Description: Kalaveras CUP MOD: A Modification Application to a Conditional Use Permit to revise Conditions of Approval related to operating hours for a new restaurant (Kalaveras). The proposed revisions will allow the restaurant to remain open until 12:00 AM on Fridays and Saturdays. Additionally, Saturday and Sunday opening hours will begin at 10:00 AM. The restaurant must open at 11:00 AM on Saturdays and Sundays and close at 11:00 PM on Fridays and Saturdays under the current Conditional Use Permit. Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Quimby Category: New Street In -lieu of Fee: Approval Date: Expiration Date: PLANNING DIVISION 922-033-021 N/A (No New Square Footage or Grading) N/A (No New Grading) Per WRCOG Requirements N/A (Non -Residential Project) N/A (Not Located within the Uptown Temecula Specific Plan) November 1, 2023 November 1, 2025 Within 48 Hours of the Approval Page 1 of 16 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. General Requirements 2. 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. Page 2 of 16 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. 4. 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. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 5 (Old Town). 6. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. Modifications or Revisions. The developer shall obtain City approval for any modifications or revisions to the approval of this project. Bona Fide Eating Place. Type 47 (On Sale General) licensees must operate and maintain their licensed premises as a bona fide eating place. The on -site sales and consumption of alcohol are an incidental and ancillary use to the restaurant use. A licensee is presumed to be operating as a bona fide eating place if the quarterly gross sales of food prepared and sold to guests on the premises exceeds the gross sales of alcoholic beverages for the same period. The licensee shall at all times maintain records which reflect separately the gross sales of food and the gross sale of alcoholic beverages on the licensed premises. The records shall be kept no less frequently than on a quarterly basis and shall be made available to the City, or its designee, upon demand. A full menu shall be available for order during all hours that alcohol is served. The premises where the licensee operates must possess a full restaurant kitchen facility containing conveniences for cooking such as a working refrigerator and cooking devices. The premises must offer sit down meal service and food menus. "Meals" means the usual assortment of food commonly ordered at various hours of the day. The service of only sandwiches or salads is not considered compliance with the requirement to provide meals. The premises must comply with all regulations of the health department. Food Service. The bona fide public eating place shall serve a full menu at all hours that alcohol is served. 10. Statement of Operations. The applicant shall comply with their Statement of Operations dated October 11, 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. 11. Previous Conditions of Approval. All previous Conditions of Approval from PA20-1074 shall remain in full effect unless superseded herein. 12. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. Page 3 of 16 13. 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. 14. 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. Required before final approval to open. 15. Advirtising. Advertising. The applicant shall have no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within or promoting or indicating the availability of alcoholic beverages. Interior displays of beer and wine beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 16. Attire and Conduct. "Attire and Conduct. On -sale ABC license applicants may not permit these acts: "(1) To employ or use any person in the sale or service of alcoholic beverages in or upon the licensed premises while such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals. (2) To employ or use the services of any hostess or other person to mingle with the patrons while such hostess or other person is unclothed or in such attire, costume or clothing as described in paragraph (1) above. (3) To encourage or permit any person on the licensed premises to touch, caress, or fondle the breasts, buttocks, anus or genitals of any other person. (4) To permit any employee or person to wear or use any device or covering, exposed to view, which simulates the breast, genitals, anus, pubic hair or any portion thereof." (5) California Code of Regulations, Section 143.2; also violates Penal Code Section. 311.6 if conduct is "obscene;" e.g., intercourse, sodomy, masturbation, etc.) " 17. Availability of Alcohol Service After 10 p.m.. "Availability of Alcohol Service. ABC -licensed businesses open past 10:00 p.m. shall adhere to the following: An hour before closing: -Limit the sale of alcohol products to items containing one alcohol serving (.60 ounces of pure ethanol) or less; and -Limit the patron to one alcoholic drink per order. -Thirty minutes before closing, new alcohol service shall cease . -Last call shall be made early enough to ensure service ceases prior to closing, but in no event may last call be later than thirty minutes before closing." Page 4 of 16 18. Availability of Meals. Availability of Meal Service. Meals shall be available up to a minimum of 30 minutes before closing. ABC -licensed businesses Type 47 shall operate as a bona fide eating place in compliance with California Business and Professions Code Sections 23038 and 23787. 19. Banned Customer Log. The applicant shall maintain a log of any banned customer. The applicant shall provide the banned customer log to law enforcement and/or code enforcement, immediately upon request. Required before final approval to open. 20. Bartender Training. "Bartender Training. Bartenders shall be trained to properly build cocktails. At a minimum, bartenders shall be trained to build the cocktails on the Cocktail Recipe List, as defined above. The applicant shall retain a copy of all cocktail recipes on the premises at all times and shall produce them immediately upon the request of any law enforcement or code enforcement officer. The applicant shall retain a record of each bartender's Cocktail Recipe List training for a minimum of three years and shall be made available for review by any law enforcement or code enforcement officer upon request. Testing shall determine competency in bartender's ability to identify ingredients, price, and number of alcohol servings Opening staff are required to be trained before final approval to open. New staff hired thereafter must be trained within 30 days of employment date (defined as when the employee signs a contract or completes tax identification documents)." 21. Cocktail Recipe List. Cocktail Recipe List. The applicant shall document and maintain a cocktail recipe list, as defined above. The applicant shall retain a copy of the recipe list on the premises at all times and shall produce it immediately upon the request of any law enforcement or code enforcement officer. Required before final approval to open. 22. Compliance with ABC Laws. "Compliance with ABC Laws. All on -sale licensed establishments shall operate in strict compliance with all Alcoholic Beverage Control laws and regulations. This includes, but is not limited to a prohibition on: • Selling alcoholic beverages to an obviously intoxicated person or habitual drunkard (BPC Section 25602(a), PEN Section 397) • Selling alcoholic beverages to a person under age 21 (BPC Section 25658(a)) • Allowing a person under age 21 to consume alcoholic beverages (BPC Section 25658(b)) • Illegal drug activity (BPC Section 24200.5(a) and H&S code violations) • Disorderly house (BPC Section 25601, PEN Section 316) • Creating a law enforcement problem (BPC Section 24200(a)) • Drink solicitation (BPC Section 24200.5(b), 25657(a)(b), 4 CCR Section 143, PEN Section 303(a)) • ABC license conditions (BPC Section 23804) • Allowing an intoxicated person to enter and remain in the licensed premises (BPC Section 24200(a), PEN Section 647(f))" Page 5 of 16 23. Condition s of Approval Post. Conditions of Approval Posting. The applicant shall post the City of Temecula conditions of approval in a place readily visible and available for reading by the business' staff members. The City of Temecula Approval Letter for the Conditional Use Permit shall be displayed on the premises in a conspicuous place so that law enforcement and city staff entering the establishment may readily see the Conditional Use Permit. A copy of the stamped approved floor plan/site plan approved with the Conditional Use Permit and the full set of Conditionals of Approval (including all previous approvals) shall always be kept on the premises and made available at the request of any law enforcement officer, fire marshal, code officer, or deputy fire marshal. 24. Cut -Off Log. "Cut-off log" means a record of customers who were cut-off from further alcohol service, and patrons not permitted in the business due to existing intoxication level. The record shall include the date of incident, a brief description for cut-off, a description of the customer, and the customer's name, if known. The applicant shall provide the cut-off log to law enforcement and/or code enforcement, immediately upon request. Required before final approval to open. 25. Disorderly House. 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. The applicant shall institute security and operational measures necessary to comply with this requirement. 26. Drink Potency Posting. Drink Potency in Marketed Alcoholic Beverages Posting. The applicant shall identify and document the "drink potency," as defined below, of all alcoholic beverages visually marketed to customers in any manner, including menus, displays, tabletops, table tents, and boards. Required before final approval to open. Drink potency" means the total number of alcohol servings in a drink. This is calculated by summing the total number of ounces of pure alcohol in a drink, dividing by .60, and rounding the answer to the closest 10th. For example, an Adios recipe: .50 ounces of tequila that is 40% ABV = .20 pure alcohol (.5 times .4 = .20) .50 ounces of vodka that is 40% ABV =.20 pure alcohol (.5 times .4 = .20) .50 ounces of gin that is 40%ABV (.5 times .4 = .20) _ .20 pure alcohol .50 ounces of rum that is 40% ABV (.5 times .4 = .20) _ .20 pure alcohol .50 ounces of triple sec that is 15% ABV (.5 times .15 = .075) _ .075 pure alcohol The sum of pure alcohol _ .0875 Drink Potency: 1.5 alcohol servings (.875 divided by .60 = 1.46, rounded to closest 10th = 1.5)" Page 6 of 16 27. Drinker Guide Posting. Drinker Guide Posting. The applicant shall display a notification to customers containing the information for a "drinker guide," as defined below. The drinker guide information shall be presented as a stand-alone display or incorporated into menus. The information shall be easily readable with a minimum font size of 10 pt. Drinker guide" means the information displayed, providing customers with the knowledge to monitor and moderate their alcohol consumption. The guidance is contained in a stand-alone display or menus. At a minimum, a drinker guide includes: Reference to research or studies that indicate: -Those consuming alcohol experience more pleasure, satisfaction, or enjoyment when keeping their inebriation to a moderate level. -Those with moderate inebriation are less likely to be harmed or harm others than those with greater inebriation. -Moderate alcohol inebriation typically occurs at a BAC below .06%. • Definition of one alcohol serving as: -12 ounces of beer with an ABV of .5% -5 ounces of wine with an ABV of 12% -1.5 ounces of liquor with an ABV of 40% • Basic information to help patrons guide their inebriation to below .06% by tracking their number of alcohol servings or BAC, for example: -Males weighing more than 200 lbs. can consume 4 alcohol servings paced over 2 hours and stay in the safer and moderate "pleasure zone" -Females weighing more than 165 lbs. can consume 2-3 alcohol servings paced over 2 hours and stay in the safer and moderate pleasure zone •Recommending the downloading of cell apps that help track BAC The statement, "Any level of inebriation impairs. It is always smart to use a designated driver or ridesharing."" 28. Entertainers and Conduct. Entertainers and Conduct. On -sale ABC license applicants who offer entertainment must abide by the following rules: "(1) No licensee shall permit any person to perform acts of or acts which simulate; (a) sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law; (b) the touching, caressing or fondling on the breast, buttocks, anus or genitals; (c) the displaying of the pubic hair, anus, vulva or genitals; and (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest [customer]. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of her or her genitals or anus" (4 California Code of Regulations Section 143.3 CCR; also violates Penal Code Section 311.6 if conduct is "obscene," e.g., intercourse, sodomy, masturbation, etc.) Page 7 of 16 29. Entertainment Prohibited. Entertainment is prohibited unless applicant is issued an Entertainment License, the Entertainment License is active and valid, and the applicant is in full compliance with its Conditional Use Permit and Entertainment License conditions. Entertainment." Entertainment means any single event, a series of events, or an ongoing activity or business, occurring alone or as part of another business, to which the public is invited (by advertisement or word of mouth) or allowed to watch, listen, or participate in, or is conducted for the purposes of holding the attention of, gaining the attention of, or diverting or amusing patrons, including, but not limited to: 1. Dancing by patron(s) or staff to live or recorded music. 2. The presentation of music played on sound equipment operated by an agent or contractor of the establishment. This may or may not include a "disc jockey" or "DJ." 3. The presentation of live music whether amplified or non -amplified. 4. The presentation of music videos, music concerts or other similar forms of musical entertainment from any source. 5. Any amusement or event such as live music or other live performance which is knowingly permitted by any entertainment establishment, including presentations by single or multiple performers, such as hypnotists, pantomimes, magicians, comedians, karaoke, song or dance acts, plays, concerts, any type of contest, events with live animals/reptiles, sporting events, exhibitions, carnival or circus acts, demonstrations of talent or items for gift or sale; shows, reviews, and any other such activity which may be attended by members of the public." 30. Exterior Sign Posting. Exterior Sign Posting. When residential areas exist adjacent to the licensed premises, the applicant shall, at all times, display a sign of at least ten inches by ten inches at all exits and within all parking areas, worded as follows: "Please respect our neighbors by exiting quietly and not loitering." Required before final approval to open. 31. Food and Beverage Sales Documentation. Food and Beverage Sales Documentation. The city shall have the right during business hours upon 15 days' notice to inspect the books and records of the applicant to determine the gross sales of food and or the gross sales of alcoholic beverages. Upon request at the time the city inspects the books and records of the applicant the applicant shall also submit to the city copies of all records submitted to the State Board of Equalization for purposes of computing sales tax. Applicant gives the right to the city to review the records of the State Board of equalization for the purpose of verifying the applicant's books and records with the understanding that these reviews are confidential. 32. Grafitti. Graffiti on the property shall be removed within 72 hours from the time of its occurrence. 33. Headcount Log. "Headcount log" is a mechanically kept headcount tally using, for example, a hand-held clicker or headcounter app. The headcount tally is maintained during busy hours of operation, e.g., 11:00 p.m. until closing. The headcount tally includes the working staff and is noted on a written log. The applicant shall provide the headcount log to law enforcement and/or code enforcement, immediately upon request. Required before final approval to open. The applicant shall not allow the number of occupants inside the premise building to exceed the establishment's maximum occupant load as determined by the Temecula Fire Department. 34. ID Guide Manual. ID Guide Manual. To aid in examining IDs, the applicant shall obtain and use an up -to- date multi -state identification manual. Required before final approval to open. Page 8 of 16 35. Inspections. Inspections; Cooperation with Law Enforcement. Police officers, sheriffs deputies and Alcoholic Beverage Control agents are sworn law enforcement officers with the power of arrest. Whether in plain clothes or uniformed, these officers have a legal right under Business and Professions Code Section 25755 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, storerooms, offices, closed or locked cabinets and safes, kitchen, or any area within the licensed premises. Licensees shall not deny entry to, resist, delay, or obstruct or assault any law enforcement officer. 36. Maintaince of Real Property and Surrounding Areas. Maintenance of Real Property. The applicant shall permanently maintain the premises' real property in an orderly fashion by the provision of regular maintenance, the removal of trash, litter, and debris from the premises and on all abutting sidewalks within 20 feet of the premises. 37. Manager on Duty Posting. "Manager on Duty Posting. During business hours, the applicant shall post the name of the staff member who is responsible for the business during that shift. The posting must be legible and visible to the public when entering the business. The responsible person must be: • An employee • Certified in accordance with the responsible beverage service training requirements in California Business and Professions Code Section 25683. • Aware of all requirements in the conditional use permit, entertainment license (as applicable), and ABC license Required before final approval to open." 38. Meal Defined. "Meals," as defined in California Business and Professions Code Section 23038 and clarified by an ABC Advisory, means the usual assortment of foods commonly ordered at various hours of the day; what a reasonable person might consider being a meal consumed at breakfast, lunch, or dinner; food served in a reasonable and sufficient quantity that it would constitute a main course, including sandwiches and salads that are substantial. A MEAL IS NOT pre -packaged sandwiches and salads, snacks such as pretzels, nuts, popcorn, pickles, chips, food ordinarily served as appetizers or first courses, side dishes, reheated or refrigerated or frozen entrees, or desserts. 39. Morphing. Morphing is prohibited. "Morphing" means a change in the business operations of a permitted restaurant to a nightclub, without appropriate permits. Morphing often involves a business adding non -permitted entertainment or dancing or extending hours of operation beyond the hours approved by the city." 40. No Alcohol Sales. No Alcohol Sales Between 2:00 AM and 6:00 AM. Applicants 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. (Business and Professions Code Section 25631). Applicants may not permit customers 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. (Business and Professions Code Section 25632). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter than the law. Those licenses are marked "Conditional" (Business and Professions Code Section 23805). Alcohol may not be served beyond the approved hours of operation listed in the Hours of Operation Condition or the Availability of Alcohol Service After 10 p.m. Condition. 41. Occupancy Posting. Occupancy Posting. The establishment's maximum occupant load number shall be posted over the main exit. Additionally, occupancy signs shall be posted in spaces and rooms that have been deemed to have a maximum occupancy load. Required before final approval to open. Page 9 of 16 42. Outside Lighting. "Outside Lighting. The applicant shall provide lighting, as certified by a qualified lighting engineer, at a minimum level of one -foot candle of lighting throughout private parking lots and access areas serving the business. The applicant shall provide sufficient lighting during the hours of darkness to ensure customers have a clear, lighted path from the event area to their vehicles. Said lighting shall be directed, positioned, and shielded in such a manner as not to unreasonably illuminate the windows of nearby residences. All lighting affixed to the exterior of buildings less than 8 feet high shall be vandal resistant. All lighting must obtain Building Permits and Planning approval and comply with the Palomar Lighting Ordinance, or any subsequent lighting ordinance for the City of Temecula. Required before final approval to open." 43. Overservice Posting. Overservice Posting at Main Entrance and Main Bar. The applicant of each licensed business shall maintain a clearly legible permanent sign, not less than 7" x 11" in size reading, "It is illegal to sell or serve alcohol to a person who is obviously intoxicated" at the main entrance and main bar, where it can be readily visible to employees and customers. The lettering of such sign shall be no less than one inch in height. Required before final approval to open. 44. Overservice Posting on Menu. Overservice Posting on Menu. The applicant of each on -sale licensed business that has one or more menus available for the public shall include and maintain a clearly legible statement on at least one of the menus reading, "It is illegal to sell or serve alcohol to a person who is obviously intoxicated." Required before final approval to open. 45. Alcohol Policies and Procedures. "Alcohol policies and procedures" means a document describing the establishment's rules and procedures on selling alcohol. Topics shall include, but not be limited to, checking IDs, refusing to serve intoxicating customers, safe rides, no drinking on duty, watching out for predatory behavior such as spiking of drinks, violence, and maintaining a drug -free workplace. The applicant shall provide the Alcohol Policies and Procedures to law enforcement and/or code enforcement, immediately upon request. 46. Alcohol Serving. ""Alcohol serving." One alcohol serving contains .60 ounces of pure alcohol (ethanol). For example: 1.50 ounces of 80-proof distilled spirits (40% ABV - alcohol by volume) 1.50 times .40 = .60 ounces of pure alcohol 12 ounces of a standard beer (5% ABV - alcohol by volume) 12 times .05 = .60 ounces of pure alcohol 5 ounces of most wines (12% ABV - alcohol by volume) 5 times .12 = .60 ounces of pure alcohol " 47. PL-203:Cocktail Recipe List. ""Cocktail recipe list" means a documented compilation of cocktail recipes that includes the quantity of each ingredient and the number of alcohol servings, as defined above, in each cocktail, which determines each cocktail's potency. It includes, at a minimum, the recipes for the following: - A minimum of 50 popular cocktails - All house specialty cocktails - Cocktails identified on the menu(s)" The applicant shall provide the Cocktail Recipe List to law enforcement and/or code enforcement, immediately upon request. Page 10 of 16 48. Drink Potency. """Drink potency" means the total number of alcohol servings in a drink. This is calculated by summing the total number of ounces of pure alcohol in a drink, dividing by .60, and rounding the answer to the closest 10th. For example, an Adios recipe: .50 ounces of tequila that is 40% ABV = .20 pure alcohol (.5 times .4 = .20) .50 ounces of vodka that is 40% ABV =.20 pure alcohol (.5 times .4 = .20) .50 ounces of gin that is 40% ABV (.5 times .4 = .20) _ .20 pure alcohol .50 ounces of rum that is 40% ABV (.5 times .4 = .20) _ .20 pure alcohol .50 ounces of triple sec that is 15% ABV (.5 times .15 = .075) _ .075 pure alcohol The sum of pure alcohol _ .0875 Drink Potency: 1.5 alcohol servings (.875 divided by .60 = 1.46, rounded to closest 10th = 1.5)" 49. Post Opening Law Enforcement Meeting. Police and Security Staff Meeting. Within 30 days of opening, it is the responsibility of the applicant to contact the Police, arrange and hold a 90-minute meeting attended by all security staff and floor managers. 50. Pre -Opening Law Enforcement Meeting. Police and Management Staff Meeting. Before opening, it is the responsibility of the applicant to contact the Police, arrange and hold a 90-minute meeting attended by all floor management levels, including bar, server, and security department leads. 51. Private Clubs/Rooms/Areas Prohibited. Private Club Rooms or Areas. No on -sale applicant shall maintain a room or designated area reserved for the exclusive use of designated persons or "private club members," unless the applicant has been issued a Duplicate On -Sale General License for Designated Persons under Business and Professions Code Section 24042(b). "Designated persons" means an organization or group with a membership, purpose, and principal address that must be revealed to Department of Alcoholic Beverage Control (ABC) at the time of application for the duplicate license. The Business and Professions Code only permits the sale of alcoholic beverages to "private club members" at premises licensed with a Club (Type 51), Veterans Club (Type 52), or Special On -Sale General (Type 57) ABC license. 52. Private Security. Private Security. If private security is utilized, the applicant shall ensure the security company is licensed, bonded, and insured. Security personnel must be unarmed. Required before final approval to open. 53. Queuing Line. Queuing lines shall be managed in an orderly manner and all disruptive and/or intoxicated customers shall be denied entry. The applicant shall be responsible for monitoring the queuing lines at all times. The outdoor queuing line shall not block public walkways or obstruct the entry or exit of adjacent businesses." Page 11 of 16 54. Responsible Beverage Service Training. Every alcohol manager and every alcohol server shall obtain and maintain a current responsible beverage service training course certification as required by Business and Professions Code Section 25683. An alcohol server, as defined in Business and Professions Code Section 25680 and Department of Alcoholic Beverage Control policy, is anyone who does any of the following: 1. Checks customer identification for purposes of alcoholic beverage service. 2. Checks customer identification for entry to an ABC on -premises licensed establishment. 3. Takes customer alcoholic beverage orders. 4. Pours alcoholic beverages for customers. 5. Delivers alcoholic beverages to customers. An alcohol manager, as defined in Business and Professions Code Section 25680 and Department of Alcoholic Beverage Control policy, is anyone who trains, directly hires, or oversees alcohol servers at an ABC licensed premises, or who trains alcohol servers how to perform the service of alcohol for consumption for an ABC on -premises license. This definition specifically excludes an employee or contractor of another separate ABC license who is training alcohol servers for marketing or distribution purposes. 55. Right to Council. Right to Cancel Event. The Temecula Police Department reserves the right to stop, cancel, or temporarily delay all or portions of any activities occurring at this establishment when police or public safety becomes a significant concern. 56. Security Meeting Prior to Opening. "Security Meeting. The applicant shall schedule an on -site meeting with law enforcement to review security needs as well as Crime Prevention Through Environmental Design (CPTED). Based on increased service calls or input from the surrounding commercial tenants, the Community Development Director or the Chief of Police may require additional security requirements such as: • Security plan, as defined in Temecula Municipal Code Section 17.34.010 • Licensed security staff at the business during specific hours • Additional licensed security staff and/or security measures Required before final approval to open. " 57. Security Personnel Outside. As applicable, security personnel working outside shall wear a uniform in accordance with Temecula Municipal Code Section 9.11.090 and shall engage customers as needed to deter loitering, unlawful conduct of employees and patrons, to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to surrounding uses and the neighborhood by excessive noise created by patrons entering or leaving the premises. Page 12 of 16 58. Security Surveillance System Requirements. The applicant shall: • Install and maintain a closed-circuit television (CCTV) system consisting of ultra high- definition video technology (recording 4K resolution or higher at a minimum resolution of 3840 x 2160), capable of saving 4K recorded video for at least 30 days and saving a copy to a disc or flash drive. • Post a notice that video recording is in progress. • Document the needed steps to retrieve recorded information. • Ensure on site personnel have a working knowledge on how to retrieve video and save it to a disc or flash drive. • Permit review of the recording by law enforcement immediately upon request. • Save a copy of any requested video and provide it immediately to law enforcement upon request. • Require all staff -customer disagreements, as feasible, to occur in a well -lit location being videotaped. Required before final approval to open." 59. Separate Permits. A separate building permit shall be required for all signage. 60. Staff Alcohol Consumption. No staff member shall work while under influence of alcohol or drugs in violation of Penal Code Section 647(f) or while obviously intoxicated. 61. Type-47. Type 47 License. The applicant has applied for a Type 47 license (On -Sale General Eating Place (Restaurant). This license authorizes the sale of beer, wine, and distilled spirits for consumption on the licenses premises. Authorizes the sale of beer and wine for consumption off the licenses premises. Must operate and maintain the licensed premises as a bona fide eating place. Must maintain suitable kitchen facilities and must make actual and substantial sales of meals, as defined above, for consumption on the premises. Minors are allowed on the premises. 62. Verification of Training. Verification of Responsible Beverage Service Training. In accordance with Business and Professions Code Section 25682(b)(1), the applicant shall ensure that each alcohol server and alcohol manager it employs has a valid training certification. California Code of Regulations Section 169 provides that a licensee may establish the validity of an employee's certification using the license administrator account. The licensee shall maintain records of certifications for inspection, upon request, by the Department of Alcoholic Beverage Control. Required before final approval to open. 63. Hours of Operation & Termination of Alcohol Sales. The hours of operation for this conditional use permit shall be as follows: Monday: 11:00 a.m. - 11:00 p.m. Tuesday: 11:00 a.m. - 11:00 p.m. Wednesday: 11:00 a.m. - 11:00 p.m. Thursday: 11:00 a.m. - 11:00 p.m. Friday: 11:00 a.m. - 12:00 a.m. Saturday: 10:00 a.m. - 12:00 a.m. Sunday: 10:00 a.m. - 11:00 p.m. 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. BUILDING AND SAFETY DIVISION General Requirements Page 13 of 16 64. 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 related codes which are enforced at the time of building plan submittal. 65. 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. 66. ADAAccess. 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. 67. Occupancy. The proposed Conditional Use Permit is limited to a Occupancy of (302) broken down into the following: Area 1: Interior 204 Area 2: Patio/Veranda 98 FIRE PREVENTION General Requirements 68. Flaming Foods. The preparation of flaming foods or beverages in place of assembly and drinking and dining establishments (Section 308.1.8 of the California Fire Code) was not adopted by the California State Fire Marshals Office or the City of Temecula; therefor, flaming foods and beverages are not allowed in the City of Temecula. 69. Fire Requirement Pyrotechnics. There will be no Pyrotechnics allowed in this restaurant at any time. Safe and Sane Fireworks are not allowed not are they permitted in the City of Temecula. Prior to Issuance of Building Permit(s) 70. Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted electronically to the Fire Prevention Bureau for approval. Fire sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. 71. Required Submittals (Fire Alarm Systems). Fire alarm plans shall be submitted electronically to the Fire Prevention Bureau for approval. Fire alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. Prior to Issuance of Certificate of Occupancy 72. Additional Submittals - Hood Extinguishing Systems. The developer/applicant shall be responsible for obtaining hood extinguishing permits for all cooking hood systems that emit grease laden vapors. Page 14 of 16 POLICE DEPARTMENT General Requirements 73. Type 47 License. The applicant has applied for a Type 47 On -Sale General — Eating Place (Restaurant) which authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises and authorizes the sale of beer and wine for consumption off the licensed premises. Applicant must operate and maintain the licensed premises as a bona fide eating place. Minors are allowed on the premises. 74. 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. 75. Ensure No Alcohol Sold or Consumed by Person Under the Age of 21. The applicant shall ensure that no alcohol is sold to or consumed by any person under the age of 21. 76. 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. 77. 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. 78. Section 303 (a) (PC). On -sale licensees may not: (a) employ hosts, hostesses, or entertainers who solicit others to buy them drinks, alcoholic or non-alcoholic; (b) pay or agree to pay such an employee a percentage of the receipts from the sales of drinks solicited; (c) permit any person whether an employee or not, to loiter for the purpose of soliciting an alcoholic drink. 79. 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). 80. 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. Page 15 of 16 81. Entertainment Rules. On -sale licensees who offer entertainment must abide by the following rules: (1) No licensee shall permit any person to perform acts of or acts which simulate; (a) sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law; (b) the touching, caressing or fondling on the breast, buttocks, anus or genitals; (c) the displaying of the pubic hair, anus, vulva or genitals; and (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of her or her genitals or anus (Rule 143.3 CCR. Also violates Section 311.6 PC if conduct is "obscene," e.g. intercourse, sodomy, masturbation, etc.) 82. Under Number of Calls for Service. Licensees may not permit their licensed premises to be a problem for the local law enforcement agency by needing an undue number of calls for service. The licensed premise includes the parking lot (Sections 24200 (a) (B&P). 83. 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. Page 16 of 16 Date — October 11th, 2023 SECTION C: Statement of Operations The applicant, KALAVERAS TM Inc., is requesting a minor modification to condition #18 on previously approved Planning Application No. PA20-1074. The request is to extend the approved operating hours. The restaurant is located in the Old Town Specific Plan Zone in the City of Temecula. The eatery, known as "KALAVERAS Mexican Cuisine & Bar" will operate daily with indoor seating of up to 126 patrons indoors and a covered outdoor patio. The proposed hours of operation are - Monday through Thursday 11:00 am-11:00 pm Friday 11:00 am - 12:00 am Saturday 10:00—am 12:00 am Sunday 10:00 am - 11:00 pm Number of Emolovees — The eatery expects to employ approximately 20 employees. Within the 30 days of employment, all employees involved with the sale of alcohol including their managers, shall enroll in the Responsible Beverage Service (RBS) training program. Each employee will be trained in proper procedures for selling alcoholic beverages and observing the environment. Security - Currently, the establishment has an alarm and camera surveillance system installed with a total of 24 cameras that operate 24 hours a day and stores footage for up to 30 days which can be furnished to the Police Department upon request. Cameras are located in significant areas of the restaurant such as: Entry way, Back entrance, hallways, kitchen, office, storage, all dining and patio area. All doors and windows will be secured and locked at the end of the business day. 11Page Estimated Number of Customers Approx. 200 — 300 per day Parking Spaces Provided Situated on Old Town Front Street, Kalaveras benefits from the parking facility provided by the city of Temecula on Mercedes Street. Moreover, ample parking spaces can be found along Old Town Front Street, as well as on Fourth Street and Fifth Street. Parking is not required at the site per Specific Plan. Indicate if food will be served Yes — a full Menu will be served. Indicate if alcohol will be served Currently, the site has an active ABC Type 47 - ON -SALE GENERAL EATING PLACE. License number is 646160. 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The project site maintains a zoning designation of (SP-5) and a General Plan Land Use Designation of Specific Plan Implementation. The existing subject property is located on the second floor of an existing commercial development, which was built to county specifications regarding necessary walls, fences, parking and loading facilities. The use of the property will not change. The subject property is zoned for commercial uses and will be utilized as such with the proposed modification of hours in conjunction with an existing restaurant. The proposed entitlement does not include the construction of any new buildings on the land or the introduction of a new use to the site. Since there will be no physical changes to what already exists at the project site, it can be found that it is suitable and adequate for the proposed use. Would the proposed use and design have a substantial adverse effect on traffic circulation and on the planned capacity of the street system? The project site is fronted on and is accessible via the Old Town Front St. The existing site is adequately served by highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and by other public or private service facilities as are required. The subject request does not include any changes to the physical characteristics or use of the project site, so it can be found that the proposed use and design will not have a substantial adverse effect on traffic circulation and on the planned capacity of the street system. Would the proposed use and design have a substantial adverse impact of the general welfare of persons residing in the community? The Project Site is located on the second floor of an existing commercial building and the design of the existing structure sufficiently separates the commercial uses from the residential uses via separate levels, access points, and stepped building setbacks. The nearest residential uses to the project site are directly across Mercedes St. The dispensing of beer, wine and distilled spirits with extended hours will be contained to the interior of the restaurant. The existing commercial structure and adjacent buildings serve as an adequate buffer for any residential uses. Further, the existing establishment will be maintained as a bona -fide restaurant and is not proposing live entertainment or patron dancing with this request. The primary function of the establishment will continue to be a sit-down meal service and the character and mode of operation will not change with the herein authorization. The property is zoned for commercial uses and the restaurant use is allowed by right. The approval of this entitlement will allow the applicant to offer a full service to patrons and to compete more favorably with other restaurants in the area. Other retail establishments and restaurants are in 3 1 P a g e the vicinity and have similar operating hours. As wished for, the request represents the introduction of a use that is common to the area. As such, the project will continue to enhance the surrounding neighborhood and will perform a function in addition to providing a service that is essential and beneficial to the adjacent community. This commercial building is well -buffered from nearby residential areas by streets, highways, parking lots, and landscaping. The subject restaurant will not generate an undue burden or nuisances to residential areas within the immediate vicinity. Is the design of the project compatible with the existing and proposed development within the district and its surroundings? No change is being proposed to the exterior appearance of the business, which is compatible with the adjacent properties and will not have an adverse impact on the surrounding neighborhood. The restaurant is located within an existing commercial development. The exterior of the restaurant will not be altered at all because of this application, nor will it differ significantly from the appearance of existing businesses on nearby commercial properties. The restaurant's operators understand the effects that a poorly - maintained building have on the community and will continue to pay close attention to the maintenance of its structure. They will ensure that the structure will not deteriorate to the point of causing blight or the lowering of neighboring property values. Rather, KALAVERAS Mexican Cuisine & Bar will continue to ensure that it is well -lit and properly maintained 4 1 P a g e A ' 1 �� ITT . Ii11 .TILEWAM ERING TOMATCHE%ISTIN 7;T0MFL= 1 STTYPE X GYPSUM BOARD ON EXISTING METAL STUDS AREAOFWORK Q UP, UP enxwreu© B O ' I I I i i i � IN3a�;COOIFS End i i 4Ati 425D FT e t - H E wurvlcicw EXIT 03 03 03 ® A ------------=——_'dY-- — — -- x ® ❑❑� a DINING AREA NrpM ® AREA: 2.557 SO FT EQUIPMENT LAYOUT SCALE: 3116•=1' 0' -- HOSTESS a AREA: 2W SOFT jF1 ElAREA: 315 SO FT El ENTRY — F LINE DESSERT BAR i�i `� ITIfTERRACEAREA AREA OF EXISTING RESTAURANT TO REMAIN: 6,505 80 FT OCCUPANT LOAD CALCULATION. o DINING 2557115 = 170 TERRACE 1470115 = 98 HOSTESS 20717 = 30 MISC = 4 Total OCC Load — 42 8' TERRACE AREA WALLLEGEND PalStion Wall Detail Non -Load Bearing Roa a plulol x.m '—pg. nemmm„m rt4woc q� imgxaa nenea wemnteezw�n mwo Me, wrcammpee qus nmyuneol ,a1rtI2,F. NOTES: 1. ADEQUATE LIGHTING WILL BE PROVIDED IN EXISTING RESTROOM 20 FOOT CANDLES 2. ADEQUATED LIGHTING WILL BE PROVIDED IN DRY STORAGE AREAS, WALK-IN COOLERS, MOP SINK AREA. 3. WALLS BEHIND SINKS ARE 4.S FRP TALL. 11-1 �..ImFo:.:. xrxiF x�rex .F.w:iz�p� oA w°`xc© ADA NOTES: 1. THE TOPS OF TABLES AND COUNTERS SHALL BE 34' MAXIMUM ABOVE THE FLOOR. SECTION 11 B-904. 2. SALES AND SERVICE COUNTERS SHALL HAVE A PORTION OF THE COUNTER WHICH IS AT LEAST 36' IN LENGTH WITH A MAXIMUM HEIGHT OF M INCHES. SECTION 11 B-9N.4. 3. APORTIONOFTHEBARCOUNTER60' MININ LENGTH SHALL BE PROVIDED WITH ATOP SURFACE THAT IS 28•• MIN AND 34' MAX ABOVE FINISHED FLOOR. SEE 118226.3, AND 1113902A 0 Notice of Public Hearin 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.: PA23-0236 Applicant: Jose Bahen Project Location: 28588 Old Town Front Street Proposal: A Modification Application to a Conditional Use Permit to revise Conditions of Approval related to operating hours for a new restaurant (Kalaveras). The proposed revisions will allow the restaurant to remain open until 12:00 AM on Fridays and Saturdays. Additionally, Saturday and Sunday opening hours will begin at 10:00 AM. The restaurant must open at 11:00 AM on Saturdays and Sundays and close at 11:00 PM on Fridays and Saturdays under the current Conditional Use Permit. 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 15301, Class 1, Existing Facilities Case Planner: Eric Jones, 951-506-5115 PLACE OF HEARING: 41000 Main Street, Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: November 1, 2023 TIME OF HEARING: 6:00 PM Project Site %� T 4. v '20a 400 Fee[011 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 CEQAProces sina(& asrclkrec. com November 2, 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 PA23-0236, A Modification Application to a Conditional Use Permit to revise Conditions of Approval related to operating hours for a new restaurant (Kalaveras). The proposed revisions will allow the restaurant to remain open until 12:00 AM on Fridays and Saturdays. Additionally, Saturday and Sunday opening hours will begin at 10:00 AM. The restaurant must open at 11:00 AM on Saturdays and Sundays and close at 11:00 PM on Fridays and Saturdays under the current Conditional Use Permit. 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: ericjones@TemeculaCA.gov. Sincerely, Luke Watson Deputy City Manager 1 CD229 C:\USERS\UFC-PROD\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@14153C37\@BCL@14153C37.DOCX Enclosures: Notice of Exemption Form Electronic Payment - Filing Fee Receipt 2 CD229 C:\USERS\UFC-PROD\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@14153C37\@BCL@14153C37.DOCX 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: Kalaveras CUP Modification (PA23-0236) Description of Project: A Modification Application to a Conditional Use Permit to revise Conditions of Approval related to operating hours for a new restaurant located Project Location: 28588 Old Town Front Street Applicant/Proponent: Jose Bahena The Planning Commission approved the above -described project on November 1, 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); ❑ Statutory Exemptions (Section Number: ) ❑ Declared Emergency (Section 21080(b)(3); Section ® Categorical Exemption: (Section 15301, Class 1, 15269(a)); Existing Facilities) ❑ Emergency Project (Section 21080(b)(4); Section ❑ Other: Section 15061(b)(3) 15269(b)(c)); Statement of Reasons Supporting the Finding that the Project is Exempt: The application will allow a revision to an existing CUP increasing the closing time on Fridays and Saturdays to accommodate anew restaurant. There are no revisions proposed to the existing site or structure as part of the application. The CUP was originally approved for a restaurant. The new use will also be a restaurant. The additional operational hours on Friday and Saturday evenings represents a negligible expansion of the former use. Contact Person/Title: Eric Jones, Associate Planner Telephone Number (951) 506-51 l 5 Signature: Luke Watson, Deputy City Manager Date received for filing at the County Clerk and Recorders Office: Date: 3 CD229 C:\USERS\UFC-PROD\APPDATA\LOCAL\TEMP\BCL TECH NOLOG IES\EASYPDF 8\@BCL@14153C37\@BCL@14153C37.DOCX 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: November 1, 2023 PREPARED BY: Mark Collins, Assistant Planner PROJECT Long Range Planning Project Number LR23-0180, Amending Title 5 SUMMARY: and 17 of the Temecula Municipal Code as detailed in Ordinance "2023- " attached here as Exhibit A. RECOMMENDATION: Adopt a Resolution recommending that the City Council adopt an Ordinance amending Titles 5 and 17 of the Temecula Municipal Code related to the administration of land use entitlements. CEQA: Categorically Exempt CEQA Guidelines Section 15061 (b)(3) BACKGROUND SUMMARY The City of Temecula City Council adopted the Municipal Code in January 1990. Since its adoption, the City Council has periodically made amendments to various sections of the Code to improve its clarity, and to make necessary corrections or changes. The proposed amendments to the Temecula Municipal Code include amendments to Title 5 (Business Licenses and Regulations), and Title 17 (Zoning). The proposed amendments do not result in an increase in the intensity or density of any land use above what is currently allowed in accordance with the Municipal Code. Pursuant to Government Code Section 65800, the Planning Commission is required to review and make recommendations to the City Council regarding zoning regulations and amendments to Title 17 (Development Code) of the Temecula Municipal Code. Although not required to be reviewed by the Planning Commission the proposed amendments to Title 5 will be considered by the City Council but are included in the attached draft ordinance to provide additional information to the Planning Commission. Listed below is a summary of the proposed changes to Title 5 and 17 of the Municipal Code, each of which is discussed in greater detailed in the analysis section, which follows: Massage Appeals — Modify the amount of time that a hearing officer has to render their decision regarding a massage establishment permit. 2. Temporary Use Permit (TUP) — Add an exemption for public agencies' events that do not require public road closures or impact traffic on public streets. 3. Home Occupation Permit — Limit the number of vehicles dedicated to the home occupation business. 4. Residential Districts — Make a correction to note 12 of the table and add note 12 reference for certain animal uses. 5. Development Standards Residential Districts — Amend the table to show private open space is measured in square feet (d). 6. Schedule of Permitted Uses Commercial/Office/Industrial Districts — Add yoga studios as a permitted/conditionally permitted use. 7. Commercial/Office/Industrial Districts — Add a requirement that all staircases for all new commercial, office, or industrial buildings shall be internalized. 8. Performance Standards Commercial/Office/Industrial Districts — Prohibit security bars on the exterior of buildings. 9. Development Standards Commercial/Office/Industrial Districts Table A — Correct a discrepancy regarding the Floor Area Ratio (FAR). 10. Development Standards Commercial/Office/Industrial Districts Table B — Correct a discrepancy regarding the Floor Area Ratio (FAR). 11. Alcoholic Beverage Sales — Correct the type of Alcoholic Beverage Control (ABC) License required for Restaurants. 12. Storage/Shipping Containers — Add development standards for storage/shipping containers used in both a residential and commercial setting. 13. Battery Storage — Add development standards for commercial battery storage. 14. Open Space Schedule of Permitted Uses — Remove riding stables and shooting galleries as permitted uses in Open Space (OS) and Open Space — Conservation (OS-C) Zoning Districts. 15. Accessory Dwelling Unit (ADU) — Correct an error for detached ADU's related to setback requirements. 16. Accessory Dwelling Unit (ADU) — Add separation requirement between an ADU and the primary residence. N 17. ADU Addressing —Codify City Council Resolution No. 2023-28. 18. Definitions — Modify the definition of "Specialty Market". 19. Definitions — Add a definition for "Health and Exercise Club". ANALYSIS Outlined below is the explanation for the proposed amendments: MassageAppeal Section 5.22.140(D) The proposed ordinance would amend the amount of time a hearing officer has to render their decision from ten (10) days to 30 (thirty) days. As stated during appeal hearings, the current time frame is impractical given the caseload of hearing officers and not realistic. The increase in time would give the hearing officer adequate time to consider the case and draft their decision and is the time recommended by the Office of Administrative Hearings. 2. Temporary Use Permits — Exemptions 17.04.020 There are currently no exemptions for Temporary Use Permits. The proposed ordinance would create a Temporary Use Permit exemption for any city, state, school district, community college district, or other public agencies' event that does not require public road closures or impact traffic on public streets and is held entirely on the entity's property. 3. Home Occupation Permits — Requirements for approval 17.04.030(D) The proposed ordinance would clarify that the home occupation shall permit for the maximum of two vehicles dedicated to the business, to include instances where more than one home occupation is approved for the same residence. 4. Permitted Uses — Residential Districts Table 17.06.030 The proposed ordinance would correct Note 12 to refer to Title 6 (Animals) of the municipal code and add note 12 to Small animals, Poultry and Outdoor aviary which are existing animal land uses. This ordinance does not amend any animal keeping provisions. 5. Development Standards — Residential Districts Table 17.06.040 Presently, there is no unit of measure for residential private open space per unit, leading to confusion for staff and applicants. This ordinance would specify that the unit of measure is square feet with no changes to the amount of private open space required per unit. 6. Yoga Studios — Commercial/Office/Industrial Districts Table 17.08.030 The proposed ordinance would add "yoga studios" to the existing land use category of "Aerobic/dance/gymnastics/jazzercise/martial arts studios" and would be permitted and conditionally permitted in the same zoning designations as these existing uses. 7. Stairs — Supplemental Development Standards 17.10.020 The proposed ordinance would add a requirement for all new commercial, office or industrial buildings that all staircases shall be internal and incorporated into the design of the building. Security Bars — Supplemental Development Standards 17.10.020 Security bars do provide some physical protection and can act as a deterrent; however such security bars should not negatively impact the aesthetics of the building or center. The proposed ordinance would specify that all security bars installed on commercial, office or industrial buildings must be installed on the interior of the building with no evidence visible from the public right-of-way. 9. Floor Area Ratio (FAR) — Development Standards Table 17.08.040A There is an inconsistency between the target FAR for the Professional Office Zoning Designation between the General Plan and Municipal Code. The proposed ordinance would correct Table 17.08.040A FAR from 0.50 to 0.35 creating consistency between the General Plan and Municipal Code. 10. Floor Area Ratio (FAR) —Development Standards Table 17.08.040B There is an inconsistency between the target FAR for the Professional Office Zoning Designation between the General Plan and Municipal Code. The proposed ordinance would correct Table 17.08.040B FAR from 0.50 to 0.35 creating consistency between the General Plan and Municipal Code. 11. Alcoholic Beverage Sales — Restaurants Section 17.10.020 The proposed ordinance would correct the type of Alcoholic Beverage Control (ABC) License required for restaurants that sell distilled spirits to a Type 47 and restaurants serving only beer and wine to a Type 41. This is a typographical correct only and does not change licensing requirements for any restaurant. 12. Storage/Shipping Containers — Supplemental Development Standards Section 17.10.020 The proposed ordinance would add standards for the temporary placement of storage or shipping containers on both commercial and residential property. These standards would make such uses ancillary to the primary use and would be limited in duration. 13. Grid Scale Battery Storage — Supplemental Development Standards Section 17.10.020 As technology evolves to meet the growing impacts of climate change, so does how electricity is generated and stored throughout the state. The smaller scale and footprint of battery storage facilities has created an environment where such facilities can be ancillary to existing uses or be standalone facilities on small parcels. These facilities tend to be unmanned and have the potential to cause impacts to surrounding uses and residents. The proposed ordinance would implement standards for grid scale battery energy storage facilities. These standards do not apply to non-commercial battery storage or residential battery storage systems. 14. Schedule of Permitted Uses — Open Space Table 17.14.030 The proposed ordinance would correct an inconsistency in the Open Space (OS) and Open Space -Conservation (OS-C) schedule of permitted uses by removing Riding Stable and Shooting galleries, ranges, archery courses as conditionally permitted uses in the OS and OS-C zoning districts as they are inconsistent with the definition of passive recreational uses allowed in the definition of the zoning districts. 15. ADU Setback — Projects exempt Building permit approval only Section 17.23.030 The proposed ordinance would correct an error in the code from stating a maximum setback of four feet from the ADU to property line is a minimum setback of four feet. These setbacks are established by state law and this change reflects the state standards for ADU setbacks which is a four foot minimum setback for ADU's. 16. Separation Clarification — General Requirements Section 17.23.040 The proposed ordinance would add a separation requirement from newly constructed detached ADU's and the primary residence of six feet, which is consistent with building and safety requirements. This standard is being added to ensure applicants are aware of the standard at the beginning of the project to eliminate potential corrections in the application review process. ADU's converted from existing structures are exempt from this standard. 17. ADU Addressing — Development Standards Section 17.23.050 The proposed ordinance would codify City Council Resolution No. 2023-28. This resolution established a procedure to address ADU and JADU's in a consistent manner to ensure timely response of emergency services as well as mail delivery. 18. Definition Clarification and Addition— Definitions 17.34.010 The proposed ordinance would modify the definition of "specialty market" to clarify the minimum square footage of the building to classify a business as a specialty market. The proposed ordinance would add a definition for "health and exercise club". There is currently some ambiguity within the code as it relates to personal fitness, health clubs and other similar types of uses. In this case a health and exercise club is what would traditionally be a "gym" that charges a membership fee, does not cater to a specific sport or activity and may contain sauna or hot tub facilities. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Press Enterprise on October 19, 2023. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review. This ordinance is exempt from the California Environmental Quality Act (CEQA) as there is no possibility the proposed ordinance would have a significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). The Code Amendments impose regulations on existing uses, but do not increase the intensity or density of any land use or allow any development where it was not otherwise permitted. Staff recommends that a Notice of Exemption be prepared and filed in accordance with CEQA and the State CEQA Guidelines. ATTACHMENTS: 1. PC Resolution 2. Exhibit A- Draft City Council Ordinance 3. Notice of Public Hearing PC RESOLUTION NO. 2023- 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 AMENDING TITLES 5 AND 17 OF THE TEMECULA MUNICIPAL CODE MAKING MINOR REVISIONS TO MASSAGE ESTABLISHMENT, ACCESSORY DWELLING UNIT, HOME OCCUPATION PERMIT, AND TEMPORARY USE PERMIT REGULATIONS, ESTABLISH BATTERY STORAGE AND SHIPPING CONTAINER STANDARDS, CLARIFY THE PERMITTED USES ALLOWED IN THE OPEN SPACE -CONSERVATION DISTRICT, MODIFY THE DEFINITION OF SPECIALTY MARKET AND RESTAURANT, ADD DEFINITION FOR HEALTH AND EXERCISE CLUBS, MAKE OTHER CLERICAL REVISIONS AND MAKE A FINDING OF EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061 (B)(3)." Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. City staff identified the need to make revisions and clarifications to portions of Title 5 (Business Licenses and Regulations) and Title 17 (Zoning) of the Temecula Municipal Code. B. The Planning Commission, at a regular meeting, considered the proposed amendments to Title 5 (Business Licenses and Regulations) and Title 17 (Zoning) of the Temecula Municipal Code on November 1, 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 opposition to this matter. C. The proposed amendments to Title 5 & 17 are consistent with the City of Temecula General Plan, and each element thereof. D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended that the City Council adopt the Ordinance attached hereto as Exhibit "A". E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: The Planning Commission, in recommending adoption of the proposed Ordinance, hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: 1. The proposed use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the general plan. Except for the amendments pertaining to the Open Space -Conservation (OS-C) Zoning designation, none of the proposed Code Amendments change the types of uses allowed in City. The Code Amendments remove riding stables and shooting galleries as conditionally permitted uses the OS-C zoning designation. These uses are inconsistent with the Open Space land use designation and are being removed to correct an inconsistency within the code. All other proposed amendments are operational clarifications and typographical edits and do not propose any land use changes contrary to the adopted General Plan. 2. The proposed uses are in conformance with the goals, policies, programs and guidelines of the elements of the general plan. The proposed changes to Title 17 conform with the goals, policies, programs and guidelines of the elements of the General Plan. The proposed changes modify the time the Office of Administrative Hearing has to render a decision on massage appeal is consistent with Goal 2 of the Growth Management/Public Facilities Element of the Temecula General Plan, which is to ensure "Orderly, and efficient patterns of growth that enhance quality of life for Temecula residents." Implementing an Accessory Dwelling Unit (ADU) addressing policy furthers Goal 4 of the Public Safety Element of the General Plan which states, "An effective response of emergency services following a disaster." Adopting development standards for external staircases, security bars, storage/shipping containers and grid scale energy storage facilities furthers Goal 6 of the Land Use Element of the General Plan which is to ensure, "A development pattern that preserves aesthetics and enhances the environmental resources of the Planning Area." The definition modifications further clarify what use constitutes a "Specialty Market," and "Health and Exercise Club" in furtherance of Goal 5 of the Land Use Element of the General Plan which states, "A land use pattern that protects and enhances residential neighborhoods." The remaining proposed amendments to the Temecula Municipal Code are minor clarifications and a correction of typographical edits and do not result in an inconsistency between the Temecula Municipal Code and the adopted General Plan. 3. The proposed uses are to be established and maintained in a manner which is consistent with the general plan and all applicable provisions contained therein. The proposed amendments to Title 17 of the Temecula Municipal Code do not propose any land use that is inconsistent with the Temecula General Plan. The majority of the Code Amendments do not create or allow new uses where they were not previously allowed. Only the revisions to the Open Space -Conservation (OS-C) Zoning district impact the use of land. The Code Amendments remove riding stables and shooting galleries as permitted uses in the OS-C zoning designation. These uses are inconsistent with the types of uses permitted in the OS-C Zoning district and are being removed to correct an inconsistency within the code. Section 3. Environmental Compliance. In accordance with the California Environmental Quality Act, the proposed Ordinance No. 2023- is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061 (b) (3) because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The Code Amendments impose regulations on existing uses, but do not increase the intensity or density of any land use or allow any development where it was not otherwise permitted. The Planning Commission, therefore, recommends that the City Council of the City of Temecula adopt a Notice of Exemption for the proposed ordinance. Section 4. Recommendation. The City of Temecula Planning Commission hereby recommends the City Council approve Planning Application No. LR23-0180, a proposed Citywide Ordinance as set forth on Exhibit "A", attached hereto, and incorporated herein by this reference. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 1 st day of November 2023. Lanae Turley-Trej o, 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 1st day of November 2023, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: Luke Watson Secretary ORDINANCE NO. 2023- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 5 AND 17 OF THE TEMECULA MUNICIPAL CODE MAKING MINOR REVISIONS TO MASSAGE ESTABLISHMENT, ACCESSORY DWELLING UNIT, HOME OCCUPATION PERMITS, AND TEMPORARY USE PERMIT REGULATIONS, ESTABLISH BATTERY STORAGE AND SHIPPING CONTAINER STANDARDS, CLARIFY THE PERMITTED USES ALLOWED IN THE OPEN SPACE - CONSERVATION DISTRICT, MODIFY THE DEFINITION OF SPECIALTY MARKET AND RESTAURANT, ADD DEFINITION FOR HEALTH AND EXERCISE CLUBS, MAKE OTHER CLERICAL REVISIONS AND MAKE A FINDING OF EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061 (11)(3) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. City staff identified the need to make minor revisions and clarifications to portions of Title 5 (Business Licenses and Regulations), and Title 17 (Zoning) of the Temecula Municipal Code. B. As required by State law, the Planning Commission considered the proposed amendments to Title 17 (Zoning) of the Temecula Municipal Code ("Code Amendments") on November 1, 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 of or opposition to this matter. C. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted PC Resolution No. 2023-M, recommending that the City Council approve the Code Amendments. D. The City Council, at a regular meeting, considered the Ordinance on November 28, 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 opposition to this matter. E. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. 1 Section 2. Further Findings. The City Council, in approving the proposed Ordinance, hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: 1. The proposed uses are allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the general plan. Except for the amendments pertaining to the Open Space -Conservation (OS-C) Zoning designation, none of the proposed Code Amendments change the types of uses allowed in City. The Code Amendments remove riding stables and shooting galleries as conditionally permitted uses the OS-C zoning designation. These uses are inconsistent with the Open Space land use designation and are being removed to correct an inconsistency within the code. 2. The proposed uses are in conformance with the goals, policies, programs and guidelines of the elements of the general plan. The proposed changes to Title 17 conform with the goals, policies, programs and guidelines of the elements of the General Plan. The proposed changes modify the time the Office of Administrative Hearing has to render a decision on massage appeal is consistent with Goal 2 of the Growth Management/Public Facilities Element of the Temecula General Plan, which is to ensure "Orderly, and efficient patterns of growth that enhance quality of life for Temecula residents." Implementing an Accessory Dwelling Unit (ADU) addressing policy furthers Goal 4 of the Public Safety Element of the General Plan which states, "An effective response of emergency services following a disaster." Adopting development standards for external staircases, security bars, storage/shipping containers and grid scale energy storage facilities furthers Goal 6 of the Land Use Element of the General Plan which is to ensure, "A development pattern that preserves aesthetics and enhances the environmental resources of the Planning Area." The definition modifications further clarify what use constitutes a "Specialty Market," and "Health and Exercise Club" in furtherance of Goal 5 of the Land Use Element of the General Plan which states, "A land use pattern that protects and enhances residential neighborhoods." The remaining proposed amendments to the Temecula Municipal Code are minor clarifications and a correction of typographical edits and do not result in an inconsistency between the Temecula Municipal Code and the adopted General Plan. 3. The proposed uses are to be established and maintained in a manner which is consistent with the general plan and all applicable provisions contained therein. The proposed amendments to Title 17 of the Temecula Municipal Code do not propose any land use that is inconsistent with the Temecula General Plan. The majority of the Code Amendments do not create or allow new uses where they were not previously allowed. Only the revisions to the Open Space -Conservation (OS-C) Zoning district impact the use of land. The Code Amendments remove riding stables and shooting galleries as permitted uses in the OS-C zoning designation. These uses are inconsistent with the types of uses permitted in the OS-C Zoning district and are being removed to correct an inconsistency within the code. 2 Section 3. Environmental Findings. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Code Amendments would have a significant impact on the environment. The Code Amendments impose regulations on existing uses, but do not increase the intensity or density of any land use or allow any development where it was not otherwise permitted. The Community Development Director is hereby directed to file a Notice of Exemption in accordance with CEQA and the State CEQA Guidelines. Section 4. Subsection 5.22.140(D)(6) of Section 5.22.140(D) (Appeal) of Chapter 5.22.140 (Revocation, Permit Denial and Appeal) of 5.22 (Massage and Massage Establishments) of Title 5 (Business License and Regulations) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Section 5.22.140 remaining unchanged: 666. The hearing officer may uphold, modify or reverse the decision of the chief of police. Within ten thirty 30 days of the conclusion of the appeal hearing, the hearing officer shall render his or her decision and make written findings supporting the decision. He or she shall send the decision to the city clerk. Upon receipt of the hearing officer's decision, the city clerk shall send a copy of it to the chief of police and the appellant, along with a proof of mailing." Section 5. Subsection "G" (Exemptions) is hereby added to Section 17.04.020 (Temporary Use Permits.) of Chapter 17.04 (Permits) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows (with additions appearing in underlined text), with all other provisions of Section 17.04.020 remaining unchanged: G. Exemptions. The following entities or organizations are exempt from the requirements of this section: 1. City, state, federal, school district, community college district, or other public agencies' events when the events are conducted wholly on that agency'sproperty or with the consent of another public property owner and when the events do not require public road closures or encroachment upon adjacent public streets. Section 6. Subsection "15" (Commercial Vehicles) is hereby added to Section 17.04.030 (Home Occupation Permits.) of Chapter 17 (Awesome chapter) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text), with all other provisions of Section 17.14.020 remaining unchanged: D. Requirements for Approval, Conditional Approval or Denial of a Home Occupation Permit. 15. A maximum of two vehicles shall be dedicated to the home occupation. This two vehicle limit includes instances where more than one home occupation permit is issued for the same residence. Section 7. Table 17.06.030 (Schedule of Permitted Uses — Residential Districts) of Section 17.06.030 (Use regulations.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Section 17.06.030 remaining unchanged: Description of Use Residential Single-family detached Duplex (two-family dwellings) Single-family attached (greater than two units) Multifamily Manufactured homes Mobilehome park Facilities for the mentally disordered, disabled, or dependent or neglected children (six or fewer) Facilities for the mentally disordered, disabled, or dependent or neglected children (seven to twelve) Alcoholism or drug abuse recovery or treatment facility (six or fewer) Alcoholism or drug abuse recovery or treatment facility (seven or more) Residential care facilities for the elderly (six or fewer) Residential care facilities for the elderly (seven or more) Residential care facilities (six or fewer) Residential care facilities (seven or more) Congregate care residential facilities for the elderly, Boarding, rooming and lodging facilities Accessory dwelline units Guest house Family day care homes —small and Day care centers Bed and breakfast establishments, Emergency shelters Transitional housing' Supportive housing, Efficiency units Nonresidential Agriculture/open space uses, Religious institutions Table 17.06.030 Residential Districts HR RR VL L- 1 L- 2 LM M H P P P P P P P - - 2,13 2,13 __.I, PI, P13 - - - - - P P P P13 P13 P P P P P P P P - - C8 C C C C C P P P P P P P P C C C C C C P P P P P P P P P P C C C, C C C P P P P P P P P P P ytyty��l��lt�Of: �aaaaao® �000000� �00000�� 000000� �000000� �000�00� �aaaaao� �000000� ��DOODO� 11 HR-SM' P P P A P 0 0 e 0 0 0 0 0 0 0 Public utility facilities C C C C C C C C C Educational institutions C C C C C C C C C Libraries C C C, C C C C C - Commercial marijuana activity- - - - - - - - - Marijuana cultivations" - - - - - - - - - Medical marijuana dispensaries - - - - - - - - - Museums and art galleries (not for profit) C C C, C C C C C - Commercial kennels, commercial catteries, or cat/dog training center 12 Noncommercial kennel - - - - - - - - - Noncommercial cattery - - - - - - - - - Large animals (horses, cattle, and mules)12 - P P P P - - - - Small animals (burros, pigs, ponies and sheep)!2 _ P P P P - P P Temporary real estate tract offices P P P P P P P P P Recreational vehicle storage yard, - C C, C C C C C - Parking for commercial uses - - - - - - P P Nonprofit clubs and lodge halls - - - - - - P P - Convalescent facilities - - - - - - P P - Golf courses C C C. C C C C C - Home occupations P P P P P P P P P Construction trailers5'6 P P P P P P P P P Short-term rentals - - - - - I - - - - Animal keeping 12 - P P P P P P P Apiaries or beekeeping 12 - P P P P P P P - Poultry'? - P P P P P P - - Outdoor aviary'2 - P P P P P P P - Notes: 1. Transitional housing and supportive housing shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. 2. A duplex or two-family dwelling may be permitted on corner lots with a planned development overlay pursuant to the provisions of Chapter 17.22 of this title. 3. Subject to the provisions of Section 17.24.020(D)(2) of this title. 4. Allowed only with a single-family residence. 5. The director of planning shall have the discretion to waive submittal of an administrative development plan, if it is determined that the construction trailer will not have an adverse impact on adjacent residences or businesses. 6. Subject to the supplemental development standards contained in Chapter 17.10 of this title. 7. Not used. 8. These uses are not permitted within the Nicolas Valley rural preservation area, as identified in Figure LU-5 of the land use element of the general plan. 9. Development within the HR-SM zoning district is subject to Section 17.06.080, Hillside development standards. 10. Marijuana cultivation (as defined in Chapter 8.52) for medical, non -medical or other purposes, are prohibited uses everywhere in the city including all zoning districts, specific plan areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060 of the Temecula Municipal Code. 11. Legal nonconforming single-family residences will be permitted to construct accessory dwelling units if they meet the requirements of this Section 17.06.050(K). 12. Subject to the supplemental development standards contained in Chapter Title 6 6 04of this code. Section 8. Table 17.06.040 (Development Standards — Residential Districts) of Section 17.06.040 (Development Standards.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Section 17.06.040 remaining unchanged: Table 17.06.040 Develo ment Standards —Residential Districts Residential Development HR RR I VL I L-1 I L-2 LM I M I H HR-SM Standards I I Lot Area Minimum net lot area (sq. - - - - - 7,200 2 7,200 - - ft.) Minimum net lot area 10 5 2.5 1 /z - - - 10 (acres) Density range (dwelling <0 1 0.1- 0.2- 0.5- 0.5- 3.0- 7.0- 13.0- <0.1 units per net acre') 0.2 0.4 2.9 2.9 6.9 12.9 20.0 Lot Dimensions Minimum lot frontage at 50 50 40 40 30 30 30 30 50 front property line (feet) Minimum lot frontage for a Rag lot at the front property 40 40 30 30 25 20 20 20 40 line (feet) Minimum width at required 100 100 100 70 50 50 40 30 100 front setback area (feet) Minimum average width 100 100 80 70 60 50 50 50 100 (feet) Minimum lot depth (feet) 1 150 150 120 100 90 80 80 100 150 Setbacks Minimum front yard (feet) 40 40 25 25 151 103 103 20 Avg.4 40 Minimum corner side yard 40 40 15 15 15 15 15 15 40 (feet) Minimum interior side yard 25 25 10 10 10 Variables Variables Variables 25 (feet) Setbacks (continued) Minimum rear yard (feet) 25 1 25 20 20 1 20 1 20 1 20 20 25 Other Requirements Maximum height (feet) 35 35 35 35 35 35 40 50 Subject to Section 17.06.080 Maximum percent of lot 10% 15% 20% 25% 25% 35% 35% 30% Subject to coverage Section 17.06.080 Open space required 90% 75% 70% 60% 40% 25% 25% 30% Subject to Section 17.06.080 Private open space/per unit NA NA I NA NA NA I NA I 200 I 150 Subject to (square feet) Section 17.06.080 Section 9. Table 17.08.030 (Schedule of Permitted Uses Commercial/Office/Industrial Districts) of Section 17.06.030 (Use regulations.) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Table 17.06.030 remaining unchanged: 0 Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use INCI CIHTISCIPOIBPI LI A Aerobics/dance/gymnastics/jazzercise/martial arts/yoga P P P C - studios(greater than 5,000 s . ft. Aerobics/dance/gymnastics/jazzercise/martial arts/ yoga C P P P C C - studios less than 5,000 s . ft. E Energy Storage Facility - - - - - C C Section 10. Subsection "I" (Stairs) is hereby added to Section 17.08.050 (Special Use Regulations and Standards.) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby added to read as follows (with additions appearing in underlined text), with all other provisions of Section 17.08.050 remaining unchanged: I. Stairs. All staircases and stairwells shall be located entirely within and incorporated into the design of the building_ Section 11. Subsection "J" (Window Security) is hereby added to Section 17.08.050 (Special Use Regulations and Standards.) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby added to read as follows (with additions appearing in underlined text), with all other provisions of Section 17.08.050 remaining unchanged: J. Security Bars. All securitv bars shall be entirelv located within the buildinLy and shall not be visible from the exterior of the building and the public right of way. Security bars shall include any device physically installed for the security of a building whether placed on a door or window. All securitv bars shall be compliant with the adopted edition of the California Building and Fire Code. Section 12. Table 17.08.040(A) (Development Standards — Commercial/Office/Industrial Districts for Developments within Planned Shopping Centers or Industrial/Business Parks) of Section 17.08.040 (Development Standards.) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text) with all other provisions of Table 17.08.040(B) remaining unchanged: Table 17.08.040A Development Standards—Commercial/Office/Industrial Districts for Developments within Planned Shopping Centers or Industrial/Business Parks Development Standards NC CC I HT SC PO BP LI Minimum gross area of site 5 acres 10 acres 10 acres 10 acres 5 acres 10 acres 10 acres Target floor area ratio' 0.25 0.30 0.30 0.30 0.350 0.40 0.40 VA Table 17.08.040A Development Standards—Commercial/Office/Industrial Districts for Developments within Planned Shopping Centers or IndustrialBusiness Parks Development Standards NC CC HT SC PO BP LI Maximum floor area ratio with intensity bonus as per 0.40 1.0 1.0 1.5 1.0 1.5 1.0 Section 17.08.050 Front yard adjacent to a street: Arterial street 25 ft. 20 ft. 25 ft. 25 ft. 25 ft. 20 ft. 20 ft. Collector 20 ft. 15 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. Local 15 ft. 10 ft. 15 ft. 15 ft. 10 ft. 10 ft. 10 ft. Yard adjacent to residentially zoned 25 ft. 25 ft. 30 ft. 30 ft. 25 ft. 35 ft. 40 ft. property Interior side yard 0 0 0 0 0 0 0 Rear yard 15 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. Accessory structure—Side/rear 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. setback Minimum building separation: One story: 10 ft. 10 ft. 10 ft. 15 ft. 15 ft. 15 ft. 15 ft. Two stories: 15 ft. 15 ft. 15 ft. 20 ft. 20 ft. 20 ft. 20 ft. Three stories or more 20 ft. 20 ft. 25 ft. 25 ft. 25 ft. 25 ft. Maximum height 35 ft. 50 ft. 75 ft. 50 ft. 75 ft. 50 ft. 40 ft. Maximum percent of lot coverage 25% 30% 30% 30% 50% 40% 40% Minimum required landscaped open 25% 20% 20% 20% 25% 25% 20% space' Fence, wall or hedge screening Not 6 ft. 6 ft. 6 ft. 6 ft. outdoor storage —Minimum height allowed Fence, wall or hedge screening Not outdoor storage —Maximum height 6 ft. 8 ft. 8 ft. 12 ft. allowed 12 ft. 12 ft. Accessory structure —Maximum 12 ft. 12 ft. 12 ft. 12 ft. 12 ft. 12 ft. 12 ft. height Notes: 1. Minimum required landscaped open area does not include necessary planting within the right-of-way. 2. All projects proposing an increase in FAR beyond the target FAR are required to comply with the criteria described in Section 17.08.050(A). Section 13. Table 17.08.040(B) (Development Standards — Commercial/Office/Industrial Districts for a Development on a Separate Lot) of Section 17.08.040 (Development Standards.) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text) with all other provisions of Table 17.08.040(B) remaining unchanged: Table 17.08.040B Development Standards—Commercial/Office/Industrial Districts for a Development on a Separate Lot Development Standards NC CC HT SC PO BP LI Minimum net lot area (sq. ft.) 30,000 30,000 20,000 40,000 40,000 401000 40,000 sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. Target floor area ratio2 0.25 0.30 0.30 0.30 0.350 0.40 0.40 Table 17.08.040B Development Standards—Commercial/Office/Industrial Districts for a Development on a Separate Lot Development Standards NC CC HT SC PO BP LI Maximum floor area ratio with intensity bonus as per 0.40 1.0 1.0 1.5 1.0 1.5 1.0 Section 17.08.050 Minimum width at required front 50 ft. 50 ft. 80 ft. 100 ft. 80 ft. 100 ft. 100 ft. setback area Minimum depth 100 ft. 100 ft. 100 ft. 120 ft. 120 ft. 120 ft. 120 ft. Minimum frontage on a street 30 ft. 30 ft. 50 ft. 80 ft. 60 ft. 80 ft. 80 ft. Yard area adjacent to a street: Arterial street 25 ft. 15 ft. 25 ft. 25 ft. 20 ft. 20 ft. 20 ft. Collector 25 ft. 10 ft. 25 ft. 25 ft. 20 ft. 20 ft. 20 ft. Local 15 ft. 10 ft. 15 ft. 15 ft. 10 ft. 10 ft. 10 ft. Interior side yard 0 0 0 0 0 0 0 Rear yard 15 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. Accessory structure—side/rear setback 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. Yard areas adjacent to residentially 25 ft. 25 ft. 30 ft. 30 ft. 25 ft. 30 ft. 40 ft. zoned prove Maximum height 35 ft. 50 ft. 75 ft. 50 ft. 75 ft. 50 ft. 50 ft. Maximum percent of lot coverage 25% 30% 30% 30% 50% 40% 40% Minimum required landscaped open 25% 20% 20% 20% 25% 25% 20% space' Fence, wall or hedge —maximum 6 ft. 6 ft. 6 ft. 6 ft. 6 ft. 6 ft. 6 ft. height Accessory structure —maximum height 12 ft. 12 ft. 12 ft. 12 ft. 12 ft. 12 ft. 12 ft. Fence, wall or hedge screening outdoor Not 6 ft. 6 ft. 6 ft. 6 ft. storage —minimum height allowed Fence, wall or hedge screening outdoor Not 6 ft. 8 ft. 8 ft. 12 ft. 12 ft. 12 ft. storage —maximum height allowed Notes: 1. Minimum required landscaped open area does not include necessary planting within the right-of-way. 2. All projects proposing an increase in FAR beyond the target FAR are required to comply with the criteria described in Section 17.08.050(A). Section 14. Subsection 17.10.020(B)(4) of Section 17.10.020 (Supplemental Development Standards.) of Chapter 17.10 (Supplemental Development Standards.) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.10.020 remaining unchanged: 4. Restaurants shall operate under the following requirements: a. Restaurants that are open to the public for business and engaged in the ancillary sale of alcoholic beverages shall provide restaurant services to the public during all hours that the establishment is open. Restaurant service shall include, but not be limited to, an offering and the ability to order a varied menu of foods of not less than five main courses with appropriate nonalcoholic beverages, desserts, salads, and other attendant dishes. E b. A conditional use permit is required for restaurants that plan on offering, selling, or serving beer, wine, and distilled spirits (typically a Type 47 44- California ABC license), unless otherwise regulated by a current specific plan. Restaurants offering beer, wine, and distilled spirits must cease alcohol sales one half hour prior to closing. c. Restaurants are permitted to serve beer and wine (typically a Type 41 4-2 California ABC license) as a matter of right Section 15. Subsection "U. (Storage Containers)" is hereby added to Section 17.10.020 (Supplemental Development Standards.) of Chapter 17.10 (Supplemental Development Standards.) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.10.020 remaining unchanged: U. Storage Containers. 1) Purpose and Intent. The intent of this section is to provide for the limited temporary use of storage containers for residential, commercial/office/industrial, Planned Development Overlay (PDO) and Specific Plan zoned properties. 2) Definition. For the purposes of this chapter, Storage Container shall mean any sturdy container greater than one hundred and twenty (120) square feet with strength suitable to withstand shipment, storage, and handling with or without utility connection(s). Any device or container that meets this definition shall be considered a storage container, regardless of its nomenclature, construction material, type of container, design,original purpose or new/repurposed use. All Residential and Open Space Zoning Districts. Storage containers are not a permitted use or accessory use in any residential or open space zoning district throughout the city and therefore shall not be permitted. a) Exemptions. (i) Temporaryplacement to support the construction of a new primary residence with a valid building permit. (a) Required to obtain a Temporary Use Permit (TUP) in accordance with Chapter 17.04.020 and subject to the requirements of this section of the Temecula Municipal Code. (b) Limited for use as storage only, no habitation is permitted. (c) Limited to the duration of construction or date specified in the TUP, whichever is less. (d) Shall be removed from the site prior to final inspection of the new primary residence. (ii) A storage container for the purpose of moving, storing, torin , transporting ransporting personal property for the purposes of moving residences or placing items in longterm erm storage can be placed on the private driveway residence for a time not to exceed seven days without a TUP. 10 (a) Placement of storage containers in the public right of way shall not be permitted without an encroachment permit as specified in Chapter 18.12 of this Code. 4) Commercial, Business Park, Professional Office and Industrial Districts. Storage containers may be permitted through a Temporary Use Permit (TUP) for a limited duration subject to the requirements of Chapter 17.04.020 and this section of the Temecula Municipal Code. a) Storage containers shall be placed in loading or service areas only and shall not be visible from the public right-of-way. b) Storage containers shall not be located in any landscaped area. c) Storage containers shall not be placed in M parking stalls without a parking analysis demonstrating compliance with Chapter 17.24 of this code, to the satisfaction of the Director of Community Development. d) Storage containers shall not have any signage or advertising_ e) Utility connection(s) shall require a buildings permit. f) Containers ma.. b�quired to be painted to match the existing building, at t the discretion of the Director of Community Development. g) Containers must be maintained free of graffiti, vandalism, rust, circumstances that arise from a lack of maintenance. h) Any three violations during the effective period of the TUP shall be cause for the revocation of the TUP. i) Where a zoning district addresses storage, those standards shall Mpply to the extent are inconsistent with the provisions of this Section. 5) Mixed Use Zoning Districts. a) Storage containers may be approved through a TUP as a temporary accessory use for commercial land uses located on the first floor in zoning districts that permits mixed use development and shall comply with Section 17.10.020(U)(4) of this chapter. b) Storage containers are not a permitted accessory use for residential land uses in zoning districts that permit mixed use development, without exemption. 6) Specific Plan Districts. a) Where a Specific Plan addresses the accessory use of storage containers, those standards shall be applicable to all properties subject to its requirements. b) Where a Specific Plan does not address the accessory use of storage containers, the standards in this Section shall apply. c) The Director of Community Development shall have the sole discretion to determine which standards shall apply when there is ambiguity in the Municipal Code or Specific Plan related to zoning districts. 7) Ancillary Use Only. Storage containers shall only be allowed as a temporary ancillary use for property with a completed development plan or on a property with all active and valid building permits for the construction of new buildings. 8) Time duration. Placement of storage containers shall be set by the TUP and in no case shall a storage container be placed or installed on the site for longer than ones 11 Relocation or movement of the storage container on the site does not impact the time limits set by the TUP. Section 16. Subsection "V. (Energy Storage Facility)" is hereby added to Section 17.10.020 (Supplemental Development Standards.) of Chapter 17.10 (Supplemental Development Standards.) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.10.020 remaining unchanged: V. Energy Sy torage Standards. 1) Purpose and Intent. Energy Storage Facility regulations are adopted with the intent of advancing and protecting the public health, safety, and welfare of the City of Temecula by establishing regulations for the installation and use of energy serge systems. The regulations herein are intended to protect the health, welfare, safety, and quality of life for the enteral public, to ensure compatible land uses in the areas affected b effigy storage facilities and to mitigate the impacts of energy storage facilities on the environment. a) Energy Storage facilities shall be permitted through a Conditional Use Permit (CUP) only in the zoning specified in Table 17.08.030, Schedule of Permitted Uses Commercial/Office/Industrial Districts. 2) Definitions. The following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section as follows: a) Battery. A single cell, stack, core building block, or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. For the purposes of this chapter, batteries utilized in consumer products are excluded from these requirements. b) Battery Management System. An electronic system that prevents storage batteries from operating outside their safe operating parameters and disconnects electrical power to the energy storage torage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected. The system generates an alarm and trouble signal for abnormal conditions. c) Battery Energy Storage System. A system consisting of electrochemical, kinetic, thermal, or other form of energy -storage technology storage batteries, battery chargers, controls, power conditioning systems and associated electrical equipment, assembled together, capable of storing energy in order to supply electrical energy at a future time. not to include a stand-alone 12-volt car battery or an electric motor vehicle d) Cell. The basic electrochemical unit, characterized by an anode and a cathode, used to receive, store, and deliver electrical energy. e) Commissioning. A systematic process that provides documented confirmation that a battery enerev storage system functions accordiniz to the intended desiiin criteria and complies with applicable code requirements. 12 f) Decommissioning Plan. A plan to retire the physical facilities of the project, including decontamination, dismantlement, rehabilitation, landscaping and monitoring. The plan contains detailed information on the proposed decommissioning and covers the schedule, type and sequence of decommissioning activities; waste management, storage and disposal of the waste from decommissioning; the timeframe for decommissioning and site rehabilitation. g) Energy Storage facility. Are stationary commercial facilities, that contain one or more energy storage system(s) for the purposes of capturing or purchasing energy and releasing, selling, transferring or tradingenergy nergy back to the utility providers for monetary or other gain. This definition does not include private residential energy storage or backup systems. h) Energy Storage System. A system which stores energy and releases it in the same form as was input. Applicability. The requirements of this ordinance shall apply to all energy storage torage facilities permitted, installed, or modified after the effective date of this ordinance, excluding_ general maintenance and repair. Energy Storage Facilities constructed or installed prior to the effective date of this ordinance shall not be required to meet the requirements of this chapter. Modifications to, retrofits or replacements of an existing energy storage facility that increases the total energy storage system designed discharge duration or power rating shall be subject to this chapter. The continuation of legally established existing utility -scale Energy Storage Systems shall be subject to the regulations and guidelines of Chapter 17.03.070 (Legal nonconformities) of this Code. 4) Development Standards. a) Energy storage facilities must meet all applicable standards of the adopted Building and Safety Codes and of the adopted Fire Codes. b) Energy storage facilities shall comply with the site design requirements set forth below in addition to all other applicable chapters of the Temecula Municipal Code: (i) Where visible from public view, the site shall be fully enclosed by a minimum six-foot, non -scalable solid wall. Where not visible from public view, the site shall be enclosed by a minimum six-foot, non -scalable solid wall or tubular steel or wrought iron fencing. Said wall or fencing shall be located outside of the required yard of the applicable zone. Walls shall consist of either decorative concrete masonry block or decorative concrete tilt -up walls. Decorative concrete masonry block means neutral colored slump stone block, split -face block, or precision block with a stucco, plaster, or cultured stone finish. Decorative concrete tilt -up wall means concrete with a combination of paint and raised patterns, reveals, and/or trim lines. When sound and visual attenuation reauires a wall exceeding 6 feet above the grade of the adjacent roadway, earth mounds shall be used, such that no more than 6 feet of the wall is visible from the roadway. The mounds shall not exceed a three -to -one (3:1) ratio slope. The mounds may sunnort the wall or be placed against the wall on the street side. 13 Wall heights shall be limited to the standards in the applicable zoning district. (ii) No landscapingis s required on the interior side of the screen walls described in subparagraph (b)(i), above, regardless of the percentage of open space landscaping required. The minimum required open space, as required by this Title, shall be limited to the perimeter landscaping surrounding the perimeter screening wall or fencing described in subpar�ph (b)(i), above. Said perimeter landscaping shall be no less than the applicable required yard setbacks. (iii)Solid walls surrounding facilities which are below grade of an adjacent street or property shall incorporate a berm/slope along the entire length of the wall to ensure facilities are not visible from public view. (iv)Anti-graffiti coating or equivalent measure to prevent graffiti shall be provided for all solid screen walls (v) Except as set forth in subparagraph (vi), no equipment or appurtenances not in an enclosed structure shall exceed the screen wall height described in subpara_rg_aph (i), above, unless it can be demonstrated through a line-of-sightysis to the satisfaction of the Director of Community Development that the wall height sufficiently screen said equipment and/or appurtenances. Enclosures for batteries and other systems shall not exceed fifteen (15) feet in height. (vi)Accessory structures such as utility poles or utility connection equipment, substation switchyard and similar equipment, necessary for the operation of the facility may exceed the height standards of the applicable zone subject to the Director of Community Developments approval. (vii) Within the Business Park (BP) zone, all equipment or appurtenances shall be located within an enclosed building. However, accessory structures such as utility_ poles or utility connection equipment substation switchyard, and similar equipment, necessary for the operation of the facility is not required to be located within the enclosed building. (viii) On -site parking shall be provided as specified below: (a) For sites occupied daily by ployees or contractors, one parkin space per employee or contractor shall be provided. (b) For unoccupied sites, one on -site parking space shall be provided. (c) All parking, fire access roadways, and drive aisles shall be paved with asphalt or concrete, to the satisfaction of the Director of Community Development. (d) All parking lots shall comply with Chapter 17.24 of this code. (e) All facilities shall have an approved sig_nage plan including safety sigage to be posted at the site. (f) All improvements and site specifications shall be subject to approval of a Hazard Mitigation Analysis. Said reports shall be reviewed by the City of Temecula Fire Department and Building and Safety Departments. These reports must be approved concurrently with any entitlements. The purpose of 14 this analysis is to evaluate the potential for adverse effects to people or the environment related to hazards and hazardous materials. The California Environmental Quality Act (CEQA) requires the analysis of potential adverse effects of a project on the environment. Consistent with Appendix G of the CEQA Guidelines, a proposed project would cause adverse impacts related to hazards and hazardous materials if they would create a significant hazard to the public or the environmental through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. 5) Decommissioning. a) Decommissioning Plan. Prior to issuance of any building permits related to decommissioning activities, the applicant shall submit a Decommissioning Plan containing a narrative description of the activities to be accomplished for removing the energy storage system from service, and from the facility in which it is located. The Decommissioning Plan shall also include: (i) A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all energy storage system components, structures, equipment, security barriers, and transmission lines from the (ii) Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations; (iii)The anticipated life of the Battery energy storage system; (iv)The manner in which the Battery energy storage torage system will be decommissioned, and the Site restored, including a description of how any changes to the surrounding areas and other systems adjacent to the Battery energy storage torage system, such as, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed; and (v) A listing of any contingencies for removing an intact operational energy storage torage system from service, and for removing an energy storage torage system from service that has been damaged by a fire or other event. b) Ownership Changes. If the owner of the Battery energy storage torage facility changes or the owner of the property changes, the project approvals shall remain in effect, provided that the successor owner or operator assumes in writing all the obligations of the project, site plan approval, and Decommissioning Plan. A new owner or operator of the Battery energy serge facility shall notify the Community Development Department of such change in ownership or operator within thirty (30) days of the ownership change. A new owner or operator must provide such notification to the Community Development Department in writing The project and all approvals for the Battery energy storage facilities shall be void if a new owner or operator fails to provide written notification to the Community Development Department in the 15 required timeframe. Reinstatement of a voided project or approvals will be subject to the same review and approval processes for new applications under this chapter. Performance Measures and Standard Conditions of Approval. The following measures shall be included as performance measures and standard conditions of approval for all energy storage facilities. a) Facilities shall not store any products, goods, materials, or containers outside of any building on -site. b) Facilities shall comply with noise requirements in Chapter 9.20 of this code. c) Operators shall address any nuisance, safety issues or violations of conditions of approval within forty-eight hours of being notified by the city that an issue exists. d) Prior to the issuance of a Certificate of Occupancy or Business License, any operator of an energy storage facility shall sign a statement acknowledging acceptance of all operational conditions of approval associated with the approved entitlements for the facility. 7) Finding of Economic Benefit; Public Benefit Agreement; Exempt Projects. a) Consistent with Public Resources Code section 25545.9, and in addition to all other findings and determinations necessary for the grant of a CUP, no conditional use permit for a Energy Storage Facility, shall be granted unless the City finds that the construction and operation of the facility will have an overall net positive economic benefit to the City. For purposes of this sub -section, economic benefits may include, but are not limited to, any of the following: (i) Employment growth. (ii) Housing development. (iii)Infrastructure and environmental improvements. (iv)Assistance to public schools and education. (v) Assistance to public safety agencies and departments. (vi) Property taxes and sales and use tax revenues. b) Consistent with Public Resources Code section 24454.10, no conditional use permit for a Battery Energy Storage Facility, shall be granted unless the City has entered into a legally binding and enforceable agreement with, or that benefits, the City, where there is mutual benefit to the parties to the agreement. The topics and specific terms of the community benefits agreements may vary and may include funding - for or or providing specific community improvements or amenities such as park and playground equipment, urban erg, enhanced safety crossings, and paving- roads and bike paths. c) The City of Temecula finds and declares that, where a Battery Energy Storage Facility, Utility Scale is issued a certificate pursuant to Chapter 6.2 (commencing with Section 25545) of Division 15 of the Public Resources Code, and where such certificate is in lieu of a conditional use permit or other permit, certificate, or document required by the City, a community benefit agreement in the form described in subsection (a), above, shall satisfy the obligations on Public Resources Code section 24454.10. 16 Section 17. Table 17.14.030 (Schedule of Permitted Uses — Open Space) of Section 17.14.030 (Use Regulations) of Chapter 17.14 (Open Space/Recreation/Conservation Zoning Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text) with all other provisions of Table 17.14.030 remaining unchanged: Table 17.14.030 Schedule of Permitted Uses —Open Space Schedule of Uses PR OS OS-C OS-C-SM Agricultural uses - C C - Athletic field P - - Bicycle paths P C C - Camparound C - - I - Caretakers' quarters C C C - Cemeteries, mausoleums and related uses C C - - Communications and microwave installations, - - Flood control structures C C C C Game courts, badminton, tennis, racquetball P C - - Golf driving range not part of a golf course C C - - Golf course and clubhouse C C - - Golf course resort (including accessory visitor supporting accommodations and commercial uses, such as hotels, fractional ownership units, day spa, restaurants and conference center) C - - - Government and public utility facilities C C C C Gymnasium C - - - Commercial marijuana activities - - - - Marijuana cultivatiow - - - - Nature centers/exhibits P C C - Nurseries - C - - Outdoor exhibits P P P - Picnic group facilities C C - - Private parks and recreation facilities P C - - Parking areas C C C - Public parks and recreation facilities P C - - Recreational vehicle park - C - - Riding stable, public or private C G - G - - Shooting galleries, ranges, archery courses - Single -family dwellings (1 unit per 40 acres) - P C - Tree farms - C - - Note: 1. All development subject to the standards set forth in Section 17.06.080. 2. Marijuana cultivation (as defined in Chapter 8.52) for medical, non -medical or other purposes, are prohibited uses everywhere in the city including all zoning districts, specific plan areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060 of the Temecula Municipal Code. Section 18. Item 2 of Subsection D of Section 17.23.030 (Projects exempt — Building permit approval only.) of Chapter 17.23 (Accessory Dwelling Units) of Title 17 (Zoning) of the 17 Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.23.030 remaining unchanged: 2. One detached, new construction ADU that does not exeeed that has a minimum four -foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The ADU may be combined with a JADU described in subsection (D)(1) above. The ADU shall be no more than eight hundred square feet in size, with a height limit of sixteen feet. Section 19. Subsection I (Separation) is hereby added to Section 17.23.040 (General requirements and application procedure.) of Chapter 17.10 (Supplemental Development Standards) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.23.050 remaining unchanged: I. Separation. All detached accessory dwelling units nits (ADU's) shall have a minimum 6 foot separation from the primary residence, as measured in a straight line from exterior wall to exterior wall. Existing accessory structures converted to an ADU shall not be required to meet this standard. Section 20. Item 7 (Addressing) is hereby added to Subsection 17.23.050(B) (Development Standards) of Section 17.23.050 (ADU Standards) of Chapter 17.23 (Accessory Dwelling Units) of Title 17 (Zoning) of the Temecula Municipal Code, (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.23.050(B) remaining unchanged: 7. Addressing. Addressine for all ADU and JADU units shall be as follows, without exception: a. The primary residential unit, newly constructed or existing, shall be addressed according to existing policy and shall include an illuminated "Unit 1" identifier. This shall only be applicable if an ADU or JADU is proposed for the same parcel. b. A second residential unit, an ADU or JADU, shall bear the same main address as the primary residence with the additional unit bearing an illuminated "Unit 2" identifier. c. A third and final residential unit, an ADU or JADU, shall bear the same main address as the primary residence with the additional unit bearing an illuminated "Unit 3" identifier. d. All addresses shall be legible and physically installed in a prominent location on the building that clearly identifies which entry is associated with each address and in accordance with Section 17.28.050(N) of this code. Section 21. Section 17.34.010 (Definitions and illustrations of terms) of Chapter 17.34 (Definition of Terms) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add a definition of "Health and Exercise Club" and to amend the definition of "Specialty market" to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.34.010 remaining unchanged: H. 18 "Health and Exercise Club" means fitness centers, gymnasiums, health and athletic facilities which charge a membership fee for access that may include indoor sauna or hot tub facilities. S. "Specialty market" means a retail market that specializes in a specific type or class of food, drink, and related products. Spee ally ma-Fkets ge era" , range in size f e ten thousand to � theiis.,rasquafe *. In no case shall a specialty market be less than ten thousand (10,000) square feet. Section 22. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 23. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. Section 24. Effective Date. This Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula the 28th day of November, 2023. ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss 19 Zak Schwank, Mayor CITY OF TEMECULA I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2023- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 281h day of November, 2023, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: 20 Randi Johl, City Clerk Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula ,. PLANNING COMMISSION to consider the matter described below: 1989 CASE NO: LR23-0180 APPLICANT: City of Temecula PROPOSAL: 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 amending Titles 5 and 17 of the Temecula Municipal Code making minor revisions to massage establishment, accessory dwelling unit, home occupation permits, and temporary use permit regulations, establish battery storage and shipping container standards, clarify the permitted uses allowed in the open space - conservation district, modify the definition of specialty market and restaurant, add a definition for health and exercise clubs, make other clerical revisions and make a finding of exemption under California Environmental Quality Act (CEQA) Guidelines section 15061 (b)(3)." ENVIRONMENTAL: In accordance with the California Environmental Quality Act (CEQA), staff has determined that the proposed project is exempt from further environmental review and a Notice of Exemption will be recommended for adoption in compliance with CEQA Section 15061 (b)(3) CASE PLANNER: Mark Collins, (951) 506-5172 PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: November 1, 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.