Loading...
HomeMy WebLinkAbout02212024 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 FEBRUARY 21, 2024 - 6:00 PM CALL TO ORDER: Chair Bob Hagel FLAG SALUTE: Commissioner Adam A. Ruiz 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 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 maybe 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 6:00 p.m. 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 minute of February 7, 2024 Attachments: Minutes Page 1 Planning Commission Agenda February 21, 2024 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 Annlication No. PA23-0450. a Conditional Use Permit to allow for a California Alcoholic Beverage Control (ABC) Type 47 (On -Sale General - EatingPlace) lace) license for Toast restaurant located at 31093 Temecula Parkway, Suite D6, Yannin Marquez Attachments: Agenda Report Aerial Map PC Resolution Exhibit A - Draft Conditions of Approval Exhibit B - Statement of Operations Exhibit C - Plans Notice of Exemption Notice of Public Hearing 3. Planning Application Number PA18-1390, A Modification to an existing Conditional Use Permit to allow an existing restaurant (Old Town Pub & Grub) to revise the previously pproved overall operating hours and entertainment hours. Proposed operating hours are Monday through Sunday 9:00 AM to 1:30 AM. Proposed entertainment hours are Monday/Tuesday/Thursday/Sunday 7:30 PM - 12:30 AM, Wednesday 8:00 PM - 12:30 AM, and Friday/Saturday 6:00 PM - 1:30 AM. The project is located at 28677 Old Town Front Street, Eric Jones Recommendation: Adopt a resolution entitled: PC RESOLUTION NO. 2024- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. PA18-1390, A MODIFICATION TO A CONDIITONAL USE PERMIT TO ALLOW AN EXISTING RESTAURANT (OLD TOWN PUB & GRUB) LOCATED AT 28677 OLD TOWN FRONT STREET TO Page 2 Planning Commission Agenda February 21, 2024 REVISE THE OPERATING HOURS TO MONDAY THRU SUNDAY 9:00 AM TO 1:30 AM. AND THE ENTERTAINMENT HOURS TO MONDAY/TUESDAY/THURSDAY/SUNDAY 7:30 PM - 12:30 AM, WEDNESDAY 8:00 PM - 12:30 AM, AND FRIDAY/SATURDAY 6:00 PM - 1:30 AM, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN: 922-045-033) Attachments: Agenda Report Vicinity Map Reduced Plans PC Resolution Exhibit A - Statement of Operations Original Planning Commission Staff Report (Dated July 13 2013) Order to Cease and Desist Letter Dated June 5, 2023 Notice of Public Hearing Notice of Exemption COMMISSIONER REPORTS COMMUNITY DEVELOPMENT DIRECTOR REPORT PUBLIC WORKS DIRECTOR REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be held on Wednesday, March 6, 2024, at 6:00 p.m., in the Council Chambers located at 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The full agenda packet (including staff reports and any supplemental material available after the original posting of the agenda), distributed to a majority of the Planning Commission regarding any item on the agenda, will be available for public viewing in the main reception area of the Temecula Civic Center during normal business hours at least 72 hours prior to the meeting. The material will also be available on the City's website at TemeculaCa.gov. and available for review at the respective meeting. If you have questions regarding any item on the agenda, please contact the Community Development Department at (951) 694-6444. Page 3 Item No. 1 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA FEBRUARY 7, 2024 - :00 PM CALL TO ORDER at 6:00 PM: Chair Lanae Turley-Trejo FLAG SALUTE: Commissioner Gary Watts ROLL CALL: Hagel, Ruiz, Solis, Turley-Trejo, Watts PUBLIC COMMENT - None CONSENT CALENDAR 1. Minutes Recommendation: Approve the action minutes of November 15, 2023 Approved the Staff Recommendation (5-0): Motion by Watts, Second by Hagel. The vote reflected unanimous approval. BUSINESS 2. Selection of Chair and Vice Chair for Calendar Year 2024 Recommendation: That the Commission select its Chair and Vice Chair for calendar year 2024. Motion to appoint Commissioner Bob Hagel as the Chair for calendar year 2024 (5-0): Motion by Ruiz, Second by Watts. The vote reflected unanimous approval. Motion to appoint Commissioner Lanae Turley-Trejo as the Vice Chair for calendar year 2024 (5-0): Motion by Hagel, Second by Solis. The vote reflected unanimous approval. 3. Appointments to Planning Commission Sub Committees for Calendar Year 2024 Recommendation: That the Planning Commission appoint members to serve on committees for calendar year 2024 and approve related Planning Commission Sub Committee Assignment List Approved the Sub Committee Assignment List as amended (5-0): Motion by Turley-Trejo, Second by Ruiz. The vote reflected unanimous approval. 4. Receive a Presentation on the Old Town Local Advisory Committee Recommendation: Receive and file presentation on the Old Town Local Advisory Committee Received and filed only, no action. COMMISSIONER REPORTS COMMISSION SUBCOMMITTEE REPORTS COMMUNITY DEVELOPMENT DIRECTOR REPORT PUBLIC WORKS DIRECTOR REPORT ADJOURNMENT At 7:06 PM, the Planning Commission meeting was formally adjourned to Wednesday, February 21, 2024, at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Bob Hagel, 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: February 21, 2024 PREPARED BY: Yannin Marquez, Case Planner PROJECT Planning Application No. PA23-0450, a Conditional Use Permit to SUMMARY: allow for a California Alcoholic Beverage Control (ABC) Type 47 (On -Sale General — Eating Place) license for Toast restaurant located at 31093 Temecula Parkway, Suite D6. RECOMMENDATION: Adopt a Resolution approving the project subject to Conditions of Approval CEQA: Categorically Exempt Section 15301, Class 1 Existing Facilities Section 15061 (b)(3) PROJECT DATA SUMMARY Name of Applicant: Richard Leigh General Plan Professional Office (PO) Designation: Zoning Designation: Planned Development Overlay District 4; PDO-4(R) Existing Conditions/ Land Use: Site: Developed Commercial Center, Professional Office (PO) North: Commercial Center, Professional Office (PO) South: Temecula Creek, Open Space (OS) East: Commercial Center, Professional Office (PO) West: Commercial Center, Professional Office (PO) - 1 - BACKGROUND SUMMARY On November 22, 2023, Richard Leigh submitted Planning Application PA23-0450, a Conditional Use Permit, to allow for a California Alcoholic Beverage Control (ABC) Type 47 (On -Sale General — Eating Place) license for the existing restaurant. The restaurant is located at 31093 Temecula Parkway, Suite D6. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS The proposed 1,930 square -foot Toast restaurant is located within the Temecula Creek Plaza commercial center and is currently surrounded by other food and retail uses including Francesca's, Epic Wing's, Golden Bowl, Kabob House, and Board and Brush. It is a full -service restaurant that operates Monday through Sunday from 7:00 AM to 3:00 PM, specializing in breakfast and lunch meals with a California Alcoholic Beverage Control (ABC) Type 41 (On -Sale Beer and Wine — Eating Place) license. The request for a Type 47 (On -Sale General -Eating Place) license will allow for spirit -based drinks on the menu to accompany the meals. Staff has confirmed with ABC that the Planning Commission does not make the finding of Public Convenience or Necessity (PCN) for restaurants. ABC will process the findings of Public Convenience or Necessity upon approval of the Conditional Use Permit after the license application process has been initiated. The applicant must state their case in support of the PCN to ABC rather than the local jurisdiction in the request of a Type 47 On -Sale for Bona Fide Public Eating Place (Restaurant) license. Conditions of approval have been added to the Conditional Use Permit that requires a full menu to be available at all hours that alcohol is served, and that termination of alcohol sales shall be no less that one half hour prior to the closing for all days of operation. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in The Press -Enterprise on February 8, 2024, and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL EXEMPTION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review. Under Section 15301 of the CEQA Guidelines, Class 1, Existing Facilities, licensing and permitting that involves negligible or no changes in use qualify for a categorical exemption. The existing restaurant Toast currently holds a Type 41 license which allows for the sale of beer and wine. Alcohol sales are incidental uses and the sale of distilled spirits (on -sale) involves a negligible change in use. Additionally, all access and public utilities are available to the site, and the use is in conformance with all zoning requirements of the Development Code. -2- Moreover, the proposed project is also exempt from further environmental review pursuant to CEQA Guidelines Section 15061(b)(3) as it can be seen with certainty that there is no possibility that the sale of alcohol to patrons may have a significant effect on the environment. As noted above, restaurant use is not expanded or altered in any way. Instead, the service of alcohol would be an incidental use to the restaurant's overall operations. FINDINGS Conditional Use Permit (Development Code Section 17.04.010 E) The proposed conditional use is consistent with the General Plan and Development Code. Toast restaurant will operate as a full -service restaurant with the primary purpose of offering a full menu of food within a restaurant building. The proposed conditional use is consistent with the Temecula Creek Village Planned Development Overlay which conditionally allows for restaurants to operate with a Type 47 On -Sale General license for Bona Fide Public Eating Place (Restaurant). The project is consistent with the applicable General Plan designation because a restaurant is an allowable use within Planning Area 4R of the Temecula Creek Village Planned Development Overlay. Therefore, the proposed project is in conformance with the General Plan. The sale of distilled spirits would serve as an incidental use to the establishment's operations. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. Toast restaurant is proposed within an existing shopping center on a developed lot within the Professional Office (PO) General Plan land use designation. As conditioned, the proposed use is compatible with the nature, condition and development of adjacent uses, buildings and structures, and the proposed conditional uses will not adversely affect the adjacent uses, buildings or structures. The existing retail center contains other retail and alcohol -serving restaurant uses that are compatible with the proposed use. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this development code and required by the planning commission or council in order to integrate the use with other uses in the neighborhood. The application will allow for a Type 47 On -Sale General license for a Bona Fide Public Eating Place at a restaurant. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood, as the site is already developed with an existing restaurant. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. Isle As conditioned, the project meets all requirements of the Planned Development Overlay, General Plan, Development Code, Fire Code and the Building Code which provide safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. The decision to approve, conditionally approve, or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. The decision to conditionally approve the application for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Planning Commission. ATTACHMENTS: 1. Aerial Map 2. PC Resolution 3. Exhibit A — Draft Conditions of Approval 4. Exhibit B — Statement of Operations 5. Exhibit C - Plans 6. Notice of Exemption 7. Notice of Public Hearing -4- 961-410-048 CITY OF TEMECULA PA23-0450 m r,-ICn . i oAlf f n- P. D r � r f m `7-- 'i Project Site AV V yyy y R 1kW 4 AV ' t � � I -A AOL 1:2,304 Date Created: 1/10/2024 The Heart of Southern California Wine Country The map PA23-0450.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to update and modification. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. This map is not for reprint or resale. Visit the City of Temecula GIS online at https://temeculaca.gov/gis PC RESOLUTION NO.2024- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA23-0450, A CONDITIONAL USE PERMIT APPLICATION FOR A RESTAURANT TO OBTAIN A TYPE 47 ALCOHOL LICENSE (ON -SALE BEER, WINE, AND DISTILLED SPIRITS) AT THE COMMERCIAL SITE LOCATED AT 31093 TEMECULA PARKWAY, SUITE D6 AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 961-410-048) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On November 22, 2023, Richard Leigh filed Planning Application No. PA23-0450, a Conditional Use Permit Application in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on February 21, 2024, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA23-0450 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Conditional Use Permit, (Development Code Section 17.04.010 E) A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. Toast restaurant will operate as a full -service restaurant with the primary purpose of offering a full menu of food within a restaurant building. The proposed conditional use is consistent with the Temecula Creek Village Planned Development Overlay which conditionally allows for restaurants to operate with a Type 47 On -Sale General license for Bona Fide Public Eating Place (Restaurant). The project is consistent with the applicable General Plan designation because a restaurant is an allowable use within Planning Area 4R of the Temecula Creek Village Planned Development Overlay. Therefore, the proposed project is in conformance with the General Plan. The sale of distilled spirits would serve as an incidental use to the establishment's operations. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, building, and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures. Toast restaurant is proposed within an existing shopping center on a developed lot within the Professional Office (PO) General Plan land use designation. As conditioned, the proposed use is compatible with the nature, condition and development of adjacent uses, buildings and structures, and the proposed conditional uses will not adversely affect the adjacent uses, buildings or structures. The existing retail center contains other retail and alcohol -serving restaurant uses that are compatible with the proposed use. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this development code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The application will allow for a Type 47 On -Sale General license for a Bona Fide Public Eating Place at a restaurant. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety, and general welfare of the community. As conditioned, the project meets all requirements of the Planned Development Overlay, General Plan, Development Code, Fire Code and the Building Code which provide safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental Endings and determinations in connection with the approval of the Conditional Use Permit Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (15301, Class 1, Existing Facilities) Under Section 15301, Class 1, Existing Facilities, licensing and permitting that involves negligible or no changes in use qualify for a categorical exemption. Alcohol sales are incidental uses and the sale of beer, wine, and distilled spirits (on -sale) involves a negligible change in use. Additionally, all access and public utilities are available to the site, and the use is in conformance with all zoning requirements of the Development Code. Moreover, the proposed project is also exempt from further environmental review pursuant to CEQA Guidelines Section 15061(b)(3) as it can be seen with certainty that there is no possibility that the sale of alcohol to patrons may have a significant effect on the environment. As noted above, restaurant use is not expanded or altered in any way. Instead, the service of alcohol would be an incidental use to the restaurant's overall operations. Section 4. Conditions, Statement of Operations, and Plans. The Planning Commission of the City of Temecula approves Planning Application No. PA23-0450, 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 21 st day of February 2024. Bob Hagel, 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. 2024- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 21 st day of February 2024, 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: PA23-0450 Parcel Number(s): 961-410-048 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 CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA23-0450 Project Description: Toast CUP: A Conditional Use Permit to allow for Toast restaurant to obtain an ABC Type 47 (On -Sale General — Eating Place) located at 31093 Temecula Parkway, Suite D6. Assessor's Parcel No.: 961-410-048 MSHCP Category: N/A (No New Grading) DIF Category: N/A (No New Construction) TUMF Category: N/A (No New Construction) Quimby Category: N/A (Non -Residential) New Street In -lieu of Fee: N/A (Project is not located in Uptown Temecula Specific Plan Area) Approval Date: February 21, 2024 Expiration Date: February 21, 2026 PLANNING DIVISION Within 48 Hours of the Approval Page 1 of 6 Applicant Filing Notice of Exemption. APPLICANT ACTION REQUIRED: The applicant/developer is responsible for filing the Notice of Exemption as required under Public Resources Code Section 21152 and California Code of Regulations Section 15062 within 48 hours of the project approval. If within said 48-hour period the applicant/ developer has not filed the Notice of Exemption as required above, the approval for the project granted shall be void due to failure of this condition. Failure to submit the Notice of Exemption will result in an extended period of time for legal challenges. FEES: Fees for the Notice of Exemption include the Fifty Dollar County ($50.00) administrative fee. The County of Riverside charges additional fees for credit card transactions. FILING: The City shall provide the applicant with a Notice of Exemption within 24 hours of approval via email. If the applicant/developer has not received the Notice of Exemption within 24 hours of approval, they shall contact the case Planner immediately. All CEQA documents must be filed online with the Riverside County Assessor — County Clerk- Recorder. A direct link to the CEQA filings page is available at TemeculaCA.gov/CEQA. COPY OF FILINGS: The applicant shall provide the City with a digital copy of the required filings within 48 hours. 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 6 Expiration. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit. A modification made to an approved development plan does not affect the original approval date of a development plan. 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 three extensions of time, one year at a time. A modification made to an approved development plan does not affect the original approval date of a development plan. Consistency with Planned Development Overlay. This project and all subsequent projects within this site shall be consistent with Temecula Village Creek Planned Development Overlay (PDO-4) . 6. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and statement of operations contained on file with the Planning Division. Signage Permits. A separate building permit shall be required for all signage. Bona Fide Eating Place. Type 47 (On Sale General) 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. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 11. 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. 12. Termination of Alcohol Sales. The last call indicating the termination of the sale of alcohol shall be no less than one half (1/2) hour prior to closing for all nights of operation. Page 3 of 6 13. Live Entertainment License. No Live Entertainment is provided as part of this permit, and all entertainment must comply with Chapter 9.10 Municipal Code Section. 14. Police Departments Sales and Consumption. The sales and consumption of alcoholic beverages shall be in accordance with your current ABC license, Type 47. 15. Hours of Operation & Termination of Alcohol Sales. The hours of operation for this conditional use permit shall be from 7:00 AM to 3:00 PM, seven days a week. These hours of operation shall supersede any previous conditions of approval and take precedence over any other conditions of approval in this document that may reference operating hours and times. Hours of operations may be altered temporarily with the approval of a valid limited duration temporary use permit. Hours of operations may be permanently altered only by an approved amendment to this conditional use permit. Under all circumstances, including instances where the establishment closes earlier than the above listed times, the last call indicating the termination of the sale of alcohol shall be no less than on half (1/2) hour prior to closing for all nights of operation. BUILDING AND SAFETY DIVISION General Requirements 16. 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. 17. 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. 18. ADA Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. Disabled access from the public way to the main entrance of the building. b. Van accessible parking located as close as possible to the main entrance of the building. c. Accessible path of travel from parking to the furthest point of improvement. d. Path of accessibility from parking to furthest point of improvement. e. Accessible path of travel from public right-of-way to all public areas on site, such as trash enclosures, clubhouses, and picnic areas. 19. Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley Unified School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 20. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 21. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Solid covers are required over new and existing trash enclosures. Page 4 of 6 22. Occupancy. The business shall comply with the occupant loads as required by the California Building Code and all appropriate permitting requirements needed by all external agencies, including but not limited to the water district, sewer district and health department. POLICE DEPARTMENT General Requirements 23. 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. 24. 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. 25. 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. 26. 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. 27. 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. 28. No Alcohol Sales Between 2:00 am and 6:00 am. Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. Section 25631 B&P Code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00 a.m. Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter that the law. Those licenses are marked "Conditional" (23805 B&P). 29. Inspections. Police officers, sheriff's deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer (Sections 25616, 25753, and 25755 B&P; 148 and 241 (b) PC). Page 5 of 6 30. Disorderly House. Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off sale) that: (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc; and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premise includes the parking lot (Section 25601 B&P; 316 PC). 31. Employee Training for Identification Checks. The applicant shall ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. The Temecula Police Department provides free training for all employers and employees involved in the service and sales of alcoholic beverages. It is the responsibility of the applicant to set up a training session for all new employees. Contact the Crime Prevention and Plans Unit at (951) 506-5132 to set up a training date. Training must be completed prior to the grand opening of this business and periodic updated training when new employees/ management are hired. 32. Entertainment Rules/ Live Entertainment. Events where entertainment is to be provided must abide by California Code of Regulations Rule 143.2 (Attire and Conduct) and CCR Rule 143.3 (Entertainers and Conduct). Notwithstanding any of the provisions of Rules 143.2, and 143.3, no on -sale licensee shall employ, use the services of, or permit upon his licensed premises, any entertainment or person so attired as to be in violation of any city or county ordinance. 33. 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). 34. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Sheriff's Station CORE Team at (951) 240-4230. Page 6 of 6 SECTION C: STATEMENT OF OPERATIONS November 1, 2023 Project: Toast Ricky Leigh 31093 Temecula Parkway Suite D6 Temecula, CA 92591 The establishment is currently a full -service restaurant with a Type 41 license. Proposing a Type 47 liquor license, including beer, wine and spirits. No other changes to hours, seating, menu, etc. No live music or loud entertainment. It is located in a permanent, pre-existing structure. 280 parking spaces. 30 employees total. Maximum 12 on staff at any given moment. Hours: Mon -Sun 7am — 3pm The purpose is to better serve our guests with spirit -based bloody marys and irish coffees along with their breakfast. The atmosphere is that of a cafe. There is currently a need for breakfast restaurants that serve spirits at 7:00 am. This is an underserved area of the community. In fact, there are only a few Type 47 license holders in the entire city that are open at that time. Even with this license, our menu is not going to change. We currently offer soju cocktails, so the only adjustment is from the soju ingredient to a spirit -based ingredient. We believe in running restaurants that serve alcohol responsibly and we have many years of experience doing so. In order to serve responsibly, we never offer discounts, deals or promotions. Our other location in Murrieta has been open 2 years, with a Type 47, and has experienced zero alcohol related issues (which can be verified with the City of Murrieta and the police department). In addition, this restaurant is only open daily til 3 pm, so there is no negative impact to nightlife. These hours, along with our proven responsible service, is not an adverse impact on the community, citizens or guests. We are not adjusting our hours, seating or capacity, so there is no impact to traffic, parking or street system. Thank you for your time on this. Feel free to reach out to me directly if you have any questions. Sincerely, Ricky Leigh I�1 EMF z O Platinum Women's Health � ADJACENT SUITE I n KIr-\Ct--N n rlC Tire ,♦ 7 ce ula w -► y 79 ■— In-N-Out Burger Francesca 's Temecu Hamburger • $ Italian Kitchen 19 1p Italian • $$ IV L` Scrubs N Extras Scrubs N Extras - TOAST TEMECULA AWesome Uniform Dc Breakfast • $$ 'reek 2re -��,m Google VICINITY MAP 600 FOOT RADIUS Spogli Field Temec r 79 -Creek Villas R.M.B Shave Parlor Samantha Wolf Valley Map data @2023 Google United States Te CL m CL 70 CL 13 OUTDOOR HOST STAND 31005 31019 oneyGram 31021 31025 31033 Epic Wings 0 ATM PARKING PARKING FLOOR PLAN CVS Drug store 3106 ] Temecula Creek Plaza10 31073 Golden Bowl Thai Thai • $ 19 c4 TOAST TEMECULA 0 SITE ADDRESS: 31095 TEMECULA PARKWAY SUITE D6 TEMECULA, CA 92591 APN:961-410-048 GENERAL LOCATION: PROFESSIONAL OFFICE TOTAL BUILDING AREA: 1950 SO. FT. TOTAL INDOOR DINING: 790 SO. FT. TOTAL OUTDOOR DINING AREA: 710 SO. FT. 19 TOAST TEMECULA Breakfast + $ Google Francesca's Italian Kitchen Italian - $$ Temecula Pkvvy Dominds Pizza Pizza Delivery • $ BudgetCoinz Bitcoin ATM F711Scrubs N Extras 24/7 Bitcoin ATMs ao rr ca6e + Scrubs N Extras - Awesome Uniform De Kabob House Mediterranean • $$ 1 " = 50' SITE MAP REVISIONS P Q Ln Q Q � Q �wU L1J III I� U tI� 0, LLJ Q O O LLJ 0 _z U z O Q U_ Q U SCALE DATE NOTED DWN. BY JOB NO. SHEET NO. T1 BY OF SHEETS City of Temecula Community Development 41000 Main Street • Temecula, CA 92590 Phone (951 ) 694-6400 • TemeculaCA.gov VIA -ELECTRONIC SUBMITTAL CEQAProces sina(& asrclkrec. com February 22, 2024 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 PA23-0450, a Conditional Use Permit application for a restaurant to obtain a Type 47 (on - sale beer, wine, and distilled spirits) alcohol license at the commercial site located at 31093 Temecula Parkway, Suite D6. 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 Yannin Marquez at email yannin.marquez@TemeculaCA.gov. Sincerely, Matt Peters Assistant Director of Community Development Enclosures: Notice of Exemption Form Electronic Payment - Filing Fee Receipt City of Temecula Community Development Planning Division Notice of Exemption TO: County Clerk and Recorders Office FROM: Planning Division County of Riverside City of Temecula P.O. Box 751 41000 Main Street Riverside, CA 92501-0751 Temecula, CA 92590 Project Title: Toast CUP (PA23-0450) Description of Project: A Conditional Use Permit to allow for Toast restaurant to obtain an ABC Type 47 (On - Sale General — Eating Place) located at 31093 Temecula Parkway, Suite D6 Project Location: 31093 Temecula Parkway, Suite D6 Applicant/Proponent: Richard Leigh The Planning Commission approved the above -described project on February 21, 2024, and found that the project is exempt from the provisions of the California Environmental Quality Act, as amended. Exempt Status: (check one) ❑Ministerial (Section 21080(b)(1); Section 15268); ❑ Declared Emergency (Section 21080(b)(3); Section 15269(a)); ❑Emergency Project (Section 21080(b)(4); Section 15269(b)(c)); ❑ Statutory Exemptions (Section Number: ) ® Categorical Exemption: (Section 15301, Class 1, Existing Facilities) ®Other: Section 15061(b)(3) Statement of Reasons Supporting the Finding that the Project is Exempt: Under Section 15301, Class 1, Existing Facilities, licensing and permitting that involves negligible or no changes in use qualify for a categorical exemption. Alcohol sales are incidental uses and the sale of beer, wine, and distilled spirits (on -sale) involves a negligible change in use. Additionally, all access and public utilities are available to the site, and the use is in conformance with all zoning requirements of the Development Code. Moreover, the proposed project is also exempt from further environmental reviewpursuant to CEQA Guidelines Section 15061(b)(3) as it can be seen with certainty that there is no possibility that the sale of alcohol to patrons may have a significant effect on the environment. As noted above, restaurant use is not expanded or altered in any way. Instead, the service of alcohol would be an incidental use to the restaurant's overall operations. Contact Person/Title: Yannin Marquez, Planning Technician Telephone Number (951) 302-4125 Signature: Date: Matt Peters Assistant Director of Community Development Date received for filing at the County Clerk and Recorders Office: Notice of Public Hearin THE CITY OF TEMECULA - 41000 Main Street- Temecula, CA 92590 — TemeculaCA.gov A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No.: PA23-0450 Applicant: Richard Leigh Project Location: 31093 Temecula Parkway, Suite D6, Temecula, CA 92592 Proposal: A Conditional Use Permit to allow for Toast restaurant to obtain an ABC Type 47 (On -Sale General — Eating Place) located at 31093 Temecula Parkway, Suite D6 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 (Sections 15301, Class 1, Existing Facilities and 15061 (b)(3)). Case Planner: PLACE OF HEARING: DATE OF HEARING: Yannin Marquez, 951-302-4125 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers February 21, 2024 TIME OF HEARING: 6:00 PM m a m 0 D TEMECULA PKWY 0 Project Site 0 200 400 Feet 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. 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: February 21, 2024 PREPARED BY: Eric Jones, Case Planner PROJECT SUMMARY: Planning Application Number PA18-1390, A Modification to an existing Conditional Use Permit to allow an existing restaurant (Old Town Pub & Grub) to revise the previously approved overall operating hours and entertainment hours. Proposed operating hours are Monday through Sunday 9:00 AM to 1:30 AM. Proposed entertainment hours are Monday/Tuesday/Thursday/Sunday 7:30 PM — 12:30 AM, Wednesday 8:00 PM - 12:30 AM, and Friday/Saturday 6:00 PM — 1:30 AM. The project is located at 28677 Old Town Front Street. RECOMMENDATION: Adopt a Resolution Denying the Project CEQA: Exemption Section 15061.b.4 PROJECT DATA SUMMARY Name of Applicant: Edward Ryder General Plan Designation: Specific Plan Implementation (SPI) Zoning Designation: Old Town Specific Plan Existing Conditions/ Land Use: Site: Existing Commercial Structure / Specific Plan Implementation (SPI — Old Town Specific Plan) North: Existing Parking Lot, Existing Commercial Structure / Specific Plan Implementation (SPI — Old Town Specific Plan) South: Third Street, Existing Commercial Structure / Specific Plan Implementation (SPI — Old Town Specific Plan) East: Old Town Front Street, Existing Commercial Structure / Specific Plan Implementation (SPI — Old Town Specific Plan) West: Vacant Lot / Specific Plan Implementation (SPI — Old Town Specific Plan) Existing/Proposed Min/Max Allowable or Required Lot Area: 0.23 Acres Existing 0.08 Acres Minimum Total Floor Area/Ratio: N/A N/A Landscape Area/Coverage: N/A N/A Parking Provided/Required: N/A N/A AFFORDABLE/WORKFORCE HOUSING Located in Housing Element Vacant Sites Inventory? ❑ Yes ® No Located in Affordable Housing Overlay Zone (AHOZ)? ❑ Yes ® No AHOZ Gain/Loss: +/- N/A BACKGROUND SUMMARY On July 17, 2013, the Planning Commission approved Planning Application No. PA13-0127, a Conditional Use Permit to allow for a California Alcoholic Beverage Control (ABC) Type-47 license (on -sale general beer, wine, and distilled spirits) and live entertainment for a bona fide eating establishment (Old Town Pub and Grub). The approval included operating hours for the overall restaurant and hours for entertainment. On October 5, 2018, Edward Ryder submitted Planning Application No. PA18-1390, a Modification Application to revise the overall operating hours and entertainment hours offered for the Pub and Grub. Staff is recommending denial of the project due to a history of operating outside the confines of the existing Conditional Use Permit requirements. In addition, the establishment has generated excessive calls for service by the Riverside County Sheriff's Department and CAL -FIRE Riverside County Fire Department (Fire). The City of Temecula's Code Enforcement Division has also issued an excessive number of citations to this business for violations of its Conditional Use Permit. ANALYSIS The approved Conditional Use Permit for the Pub and Grub allows the restaurant to operate Monday through Sunday from 10:30 A.M to 12:00 A.M. Entertainment is also approved for following hours: • Wednesday: 7:00 P.M. — 10:00 P.M. • Thursday: 7:00 P.M. — 10:00 P.M. • Friday: 8:00 P.M. — 12:00 A.M. • Saturday: 8:00 P.M. — 12:00 A.M. The application to modify the Conditional Use Permit proposes to revise both the overall operation hours and entertainment hours to the following: • Overall Restaurant Hours: Monday thru Sunday 9:00 AM to 1:30 AM • Entertainment Hours and Type: o Monday: 7:30 P.M. — 12:30 A.M. - Karaoke o Tuesday: 7:30 P.M. — 12:30 A.M. - Karaoke o Wednesday: 8:00 P.M. — 12:30 A.M. - Open Mic o Thursday: 7:30 P.M. — 12:30 A.M. - Karaoke o Friday: 6:00 P.M. — 1:30 A.M. - DJ o Saturday: 6:00 P.M. — 1:30 A.M. - DJ o Sunday: 7:30 P.M. — 12:30 A.M. - Karaoke Between June 2018 and June 2023, the establishment operated outside of the currently approved operational and entertainment hours listed in the Conditions of Approval a documented 388 times. These extended operational hours (up to 2:00 AM) were not permitted and required the City's Code Enforcement Division to issue an excessive number of citations in an effort to gain compliance from the establishment at a substantial cost to the City. Between 2018 and June 2023, the City's Code Enforcement division issued a total of 388 citations resulting in $217,900 in fines. As of this writing, a balance of $6,250 has not been paid. The issuing of citations continued until the business received a Cease and Desist letter from the City Attorney dated June 5, 2023 (attached). The Cease and Desist letter stated that the City would move to revoke the Conditional Use Permit if the business did not begin to comply with the conditions of their CUP immediately. The business began to comply with their hours of operation on June 9, 2023. The establishment has also generated an excessive number of calls for service from the Riverside County Sheriff's Department. The police responded to 458 calls for service from January 1, 2018 to December 31, 2023. The below table highlights the calls generated from the establishment that are considered more serious in nature: C7 Threats/ Violence Disturbance/ Assault with a Domestic Loud Resisting to Overall Calls Argument Drunk in Deadly Weapon Violence Noise Robbery Arrest Officers Year for Service Battery(242) DUI(23152) (415) Public(647F) (245) (415DV) (415N) (211) (148) (69) K9 Use 2018 47 10 1 4 3 1 1 0 1 0 0 0 2019 42 8 1 3 3 3 0 0 0 0 0 0 2020 58 12 2 6 6 3 1 0 0 0 0 0 2021 108 13 0 9 30 5 2 _0 1 2 0 2 2022 137 18 3 25 26 2 1 1 0 2 0 0 2023 66 5 1 1 12 1 1 1 0 0 1 1 TOTALS 458 66 8 48 80 15 6 1 2 2 4 1 3 Of the calls identified in the previous table, 155 were between the hours of 12:00 A.M. and 2:00 A.M. when the business was not permitted to be open and operating. The following table shows the occurrence of calls that are considered more serious in nature between those hours. callsfor Threats/ Service Violence between Disturbance/ Assaultwith a Domestic Loud Resisting to 12:00 AM- Argument Drunk in Deadly Weapon Violence Noise Robbery Arrest Officers Year 2:00 AM Battery (242) DUI (23152) (415) Public (647F) (245) (415DV) (415N) (211) (149) (69) K9 Use 2018 22 10 1 3 3 1 1 0 1 0 0 0 2019 14 4 0 1 1 1 0 0 0 0 0 0 2020 19 5 0 2 5 2 0 0 0 0 0 0 2021 32 2 0 2 16 2 2 0 0 2 0 0 2022 46 6 1 16 12 0 0 0 0 0 0 0 2023 22 2 0 1 5 0 0 0 a o 0 0 ,TOTALS 1S5 29 2 25 42 6 3 0 1 2 0 0 Fire has also responded to an excessive amount of calls for service. Fire responded to a total of 74 calls for service from January 1, 2018 to December 31, 2023. The below table highlights the calls generated from the establishment that are considered more serious in nature: Year Overall Calls far Service ETC H: Unconcious/Fall/Fainting/ Hemmorage Assault 5tabbin 2018 5 2 1 D 20113 9 4 2 D 2020 15 2 5 1 2021 17 5 10 D 2022 18 11 5 0 2023 9 3 3 0 Unconcious Possible Alcohol Poisoning 0 0 1 0 Possible Medical Overdose Aid 0 2 0 0 ❑ 0 ❑ ❑ ❑ ❑ 1 0 74 28 26 1 1 1 2 Of the calls identified in the previous table, 37 were between the hours of 12:00 AM and 2:00 A.M. when the business was not permitted to be open and operating. The below table shows the occurrence of calls that are considered more serious in nature between those hours. 4 Calls for Service Llnconcious Between ETOH: Possible 12:00 AM - Llnconciousf FalljFaintingj Alcohol Possible Medical 2:00 PM Hemmorage Assault Stabbing Poisoning Overdose Aid 3 0 1 0 0 0 1 5 4 0 0 0 0 0 b 1 3 1 0 0 0 s 4 4 0 0 0 0 11 b 5 0 0 0 0 4 2 2 0 0 0 0 37 17 is 1 0 0 1 It must also be noted that Fire provided warnings to the establishment for going over their occupancy a total of 15 times between July 2021 and September 2023. Fire was required to close the business once during this time period because it was operating over the allowable occupancy. The City has recently adopted Chapter 9.10 of the Temecula Municipal Code. This chapter requires establishments seeking to provide entertainment must first obtain an Entertainment License. Staff reached out to the applicant and recommended pursuing an Entertainment License. The applicant declined and requested that their application be scheduled for a public hearing as proposed. City staff have been actively working with the Planning Commission and City Council on alcohol issues specifically in Old Town. Joint meetings between the Planning Commission and City Council were held on September 28, 2023 and February 6, 2024. In the next couple of months the Planning Commission will be considering a proposed ordinance to codify alcohol related regulations including a regulation that alcohol service cease at midnight for new establishments. Staff s position is that this process should be completed before any action is taken on this application, but the applicant is insisting that action be taken now. The tables presented in this report, as well as the information related to Code Enforcement citations, highlight many of the issues related to the establishment. These issues have created an environment that is detrimental to the health, safety, and general welfare of the community. It is because of this that staff is unable to recommend approval of the application and must instead recommend denial. The applicant was made aware of this recommendation and continued to request a hearing. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in The Press -Enterprise on February 8, 2024, and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, staff has determined that the proposed project is exempt from further environmental review pursuant to CEQA Guidelines Section 15061(b)(4) as a project is exempt from CEQA as staff is recommending that the project be disapproved as currently proposed. FINDINGS Conditional Use Permits (Code Section 17.04.010.E) The proposed conditional use is consistent with the General Plan and the Development Code. The proposed conditional use modification is not consistent with the General Plan and Development Code. The Development Code states, "A Conditional Use Permit is intended to allow the establishment of those uses which have some special impact or uniqueness such that their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. " This allows the City to provide unique requirements for uses such as the subject establishment. The proposed extension of hours is not consistent with Old Town Specific Plan Land Use Economics —Policy 5. This policy states that there needs to be compatibility between both existing and new commercial uses and existing and new residential uses. Old Town has a combination of commercial and residential uses. The excessive calls for service and excessive code enforcement citations illustrate that the existing use is not compatible with existing commercial and residential uses. In addition, Section 9.10 of the Temecula Municipal Code states that entertainment shall cease at 11: 59 P.M. Therefore, the times proposed by the project cannot be supported. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed project seeks to allow an establishment's operational and entertainment hours to be extended beyond what has been previously approved. The existing establishment has a history of producing an excessive amount of calls for service. Many of these calls for service were related to battery, assault with a deadly weapon, driving under the influence (D. U.I.), noise, and drunk in public. From January 1, 2018 to December 31, 2023 the police responded to 458 calls for service at Old Town Pub & Grub. Of these calls, 150 were between the hours of 12: 00 A.M. And 2: 00 A.M. and a many were related to battery, assault with a deadly weapon, driving under the influence (D. U.I), noise, and drunk in public. In addition, Fire has provided multiple warnings to the establishment for operating above the allowable occupancy limit. Fire was also required to close the business for operating above the allowable occupancy. Fire also responded to a total of 74 calls for service from January 1, 2018 to December 31, 2023. Of these calls, 37 were between the hours of 12: 00 AM and 2: 00 AM. Many of the calls were related to drunkenness and assaults. This establishment has a history of having an adverse impact on other uses in Old Town as it has generated a substantial number of calls for service. In addition, this establishment has imposed a burden on the City's Code Enforcement Division that has had to respond to and investigate over 388 incidents at Old Town Pub and Grub when the business was operating past the time allowed pursuant to the Conditional Use Permit. 6 The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this development code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The project site currently houses an existing commercial structure containing a restaurant. Restaurant uses have been located at this site and within the subject structure for many years. The site is physically adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping and other development features required of a restaurant use. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The proposed modification will allow for an increase in operational hours for entertainment and alcohol service to 12:30 A.M. Monday through Thursday and Sunday as well as 1:30 A.M. on Friday and Saturday. The project is currently approved to have entertainment until 10: 00 P.M. Wednesday and Thursday and on Friday and Saturday until 12:00 AM. The City Council and Planning Commission have provided policy direction that all entertainment shall cease at 11: 59 P.M. for the public health and safety, and general welfare of the community per the City of Temecula Municipal Code Section 9.10. By proposing to operate beyond these hours, the project will be detrimental to the health, safety, and general welfare of the community. In addition, the establishment has generated an excessive number of calls for service during their operations between 2018 and 2023 (458 calls). The establishment also operated beyond their approved hours (12: 00 A.M.) until 2: 00 AM. This resulted in calls for service for the Riverside County Sheriff's Department between the hours of 12: 00 AM and 2: 00 AM (150 calls). Many of the calls were related to battery, assault with a deadly weapon, Driving Under the Influence (D. U.I.), noise, and drunk in public issues. In addition, Fire has provided multiple warnings to the establishment for operating above the allowable occupancy limit. Fire was also required to close the business for operating above the allowable occupancy. Fire also responded to a total of 74 calls for service from January 1, 2018 to December 31, 2023. Of these calls, 37 were between the hours of 12: 00 AM and 2: 00 AM. Many of the calls were related to drunkenness and assaults. The City's Code Enforcement Division was also required to issue a total of 388 citations between this same time. Furthermore, the Old Town Specific Plan includes Land Use Economics — Policy 5. This policy states that there needs to be compatibility between both existing and new commercial uses and existing and new residential uses. The excessive calls for service and excessive code enforcement citations indicates that that existing use is not compatible with existing commercial and residential uses. As a result, the proposed changes would be considered detrimental to the health, safety, and general welfare of the community. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the Planning Director, Planning Commission, or City Council on appeal. rA The decision to deny the application for a Modification to the existing Conditional Use Permit shall be based on substantial evidence in view of the record as a whole before the Planning Commission. ATTACHMENTS: 1. Vicinity Map 2. Reduced Plans 3. PC Resolution 4. Exhibit A — Statement of Operations 5 Original Planning Commission Staff Report (Dated July 17, 2013) 6. Order to Cease and Desist Letter Dated June 5, 2023 7. Notice of Public Hearing 8. Notice of Exemption 8 922-045-033 CITY OF TEMECULA PA 18-1390 QOJ��CZ' FO�SST 016 O,� �otiT Project Site 4 5� GO 9� C 4- aG �S T SANTIAGO RD 1 inch = 200 feet 1:2,400 0 125 250 Feet= I,, I t i t I •� i ha FEar= �- :i�uthern C:ali-ornia Date Created: 10/31/2018 'Nine Country The map PA18-1390.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://maps-temecula.opendata.aregis.com/ 51 TE/I NOTE-5: EXI5TING FOR 2-5T GOMMERC LOGATIO1 FT. EX15TI BAR PATIO FRONT ST. 5 OLD TOWN)) ❑INDICATE5 NOTES APPLICABLE TO THI5 PLAN ONLY WHEN REFERENCED. I. EXI5TIN5 ADA AGGE55 RAMP WITH SLOPE OF LE55 THAN 8.33% TO REMAIN 2. EXI5TING ADA PARKING 5PAGE TO REMAIN 3. EXI5TIN5 ADA VAN PARKING 5PAGE TO REMAIN. 4. EXI5TIN5 5TAIR5 FOR V ENTRY. 5. EXISTING 5TAIR5 TO SECOND FLOOR TO REMAIN. 6. EXI5TIN5 PARKING 5PAGE5 TO REMAIN. 1. EXI5TING LAND56APE PLANTERS TO REMAIN 8 LOCATION OF EX151TIN5 COIN OPERATED METER FOR PARKING IN THI5 LOT AND ADJOINING LOT 9. EXISTING 2ND STORY DECK AND ROOF TO REMAIN. 10. EXI5TIN5 FRONT ROOF TO REMAIN. II. EXI5TING WALKWAY - VERIFY W/OWNER AND/OR BUILDER. 12. A5PHALT BLACKTOP - VERIFY W/OWNER AND/OR BUILDER. 13. EXI5TIN5 FRONT ENTRY 5TAIR5. 14. N/A 15. EXI5TIN5 DECK FILL-IN TO WRAP AROUND BUILDING. 16. LOCATION FOR EXI5TING 5TAIR5. 11. EXI5TIN5 LOCATION FOR 548 50. FT. OUTDOOR SEATING AREA WITH LATTICE PATIO COVER FOR EXI5TIN5 RESTAURANT. 18. LOCATION OF EXI5TIN5 TRASH ENGLO5URE. A. LOCATION OF EXISTING ELECTRICAL ROOM. 20. LOCATION OF EXISTING WOOD FENCE. 21. EXI5TIN5 LOCATION OF VAN AGGE55 A15LE W/ 4" 5TRIPE5 OF BLUE TRAFFIC, PAINT. 22. "NO PARKING" IN 12" HIGH LETTERING 23. 4' MIN. WHEEL STOP 24. LOCATION OF ADA 5I6NA(I 25. LOCATION OF ADA PARKING LOT SYMBOL. 26. LOCATION OF EXI5TIN6 DECK / BAR PATIO. 21. APPROXIMATE LOCATION OF EXI5TIN6 KNOX BOX. 28. ADA PATH OF TRAVEL TO 5UITE5. BUILDING INFORMATION: �'►Tot TOM '�I'I / I► ► Ill IX011111ifle2► _ _► r ►_ I► _ _ _ _� • 4r 02► ►r rI1► 11► I► i i ► An i r ► PI A '. l!IN AM Sk r -:• r r 11i ► I r �i ■10 54■1 W01 a i 111 N r ► ' SUILDINS 50- EL 10,000 50. DE56RIPTION RETAIL RESTAURANT OMER: JIM LASH P.O. BOX 105 BULLHIEAD CITY, ARIZONA, 86430 LE6AL DMIPTION: 2M*M FRONT ST. MWaLA, RIVERSIDE COUNTY, GA APN: 922-045-033 APPLICANT: JIM R05A 286-M FRONT ST. SUIT#:A-E TEMECULA, CA, 92590 PHONE: 830-780"I GENERAL NOTES: I. THESE NOTES 5HALL BE U5ED IN CONJUNCTION WITH THE PLANS AND ANY 015CREPANCIE5 5HALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT. NO GHAN5E5 5HALL BE MADE TO THESE PLAN5 WITHOUT THE KNOWLEDGE AND CONSENT OF THE OWNER AND/ OR ARCHITECT AH05E 515NATURE APPEARS HEREON. 2. THE CONTRACTOR AND/OR 5000NTRACTOR 5HALL CHECK ALL DIMEN51ON5. FRAMING CONDITIONS, AND ON-51TE CONDITIONS, PRIOR TO 5TARTIN6 ANY WORK. ON-51TE VERIFICATION OF ALL DIMEN51ON5 AND CON- DITION5 5HALL BE THE RE5PON51BILITY OF THE II TRACTOR AND OR 5UBGONTRACTOR THE ARCHITECT 5HALL BE NOTIFIED IMMEDIATELY OF ANY 015GREPAN- GIE5, ERRORS OR OM15510N5. 3. DIMEN51ON5, A5 INDICATED ARE THE DIMEN51ON5 THAT 5HALL BE U5ED FOR CON5TRUGTION. DO NOT 5CALE DRAWIN675!! NOTE5 8 DETAIL5 ON THE DRAWINGS 5HALL TAKE PRECEDENCE OVER THESE GENERAL NOTES. ALL DIMEN51ON5 ARE TAKEN TO THE ROUGH, (U.O.N. ON PLAN5). 4. THE DRAWING5 8 5PEGIFICATION5 REPRESENT THE FINISHED 5TRUGTURE. THE DESIGN ADEQUACY AND SAFETY OF ERECTION BRACING, 5HORING, TEMPORARY 5UPPORT5, ETC. 15 THE 50LE RE5PON51BILITY OF THE CONTRACTOR AND/OR 5UBGONTRACTOR, AND HA5 NOT BEEN CON5IDERED BY THE 5TRUGTURAL ENGINEER. THE CONTRACTOR AND OR/5UB-CONTRACTOR 15 RE5PON51BLE FOR THE STABILITY OF THE STRUCTURE PRIOR TO THE APPLICATION OF ALL 5HEAR WALL5, ROOF AND FLOOR DIAPHRAGM5 AND FIN15H MATERIALS HE 5HALL PROVIDE THE NEGE55ARY BRACING TO PROVIDE STABILITY PRIOR TO THE AFOREMENTIONED MATERIALS. 5. GRADING 4 DRAINAGE: ALL PAVING, FLAT WORK AND PLANTERS NEXT TO THE BUILDING 5HALL BE PROPERLY GRADED TO CARRY WATER AWAY FROM THE BUILDING. 6. 0155ERVATION V151T5 TO THE JOB 51TE BY THE ARCHITECT DO NOT INCLUDE INSPECTION OF CONSTRUCTION PROCEDURE5. THE CONTRACTOR 15 SOLELY RESPONSIBLE FOR ALL CONSTRUCTION METH005 AND FOR SAFETY GONDITION5 AT THE WORK 51TE. THESE V151T5 5HALL NOT BE CONSTRUED A5 CONTINUOUS AND DETAILED IN5PECTION5. GENERAL REQUIREMENT5: I. SCOPE: ALL TRADER5 5HALL FURNI5H ALL LABOR, EQUIPMENT, MATERIALS, AND PERFORM ALL WORK NEGE55ARY, INDICATED, REA50NABLY INFERRED, OR REQUIRED BY ANY CODE WITH JURI50ICTION, TO COMPLETE THEIR SCOPE OF WORK FOR A COMPLETE AND PROPERLY FIN15HED JOB. ALL WORK 5HALL COMPLY WITH APPLICABLE REQUIREMENT5 OF THE GALIFORNIA BUILDING CODE (APPLICABLE EDITION) AND LOCAL GOVERNING AGENCIES. 2. PERMITS: THE GENERAL BUILDING PERMIT 8 PLAN CHECK FEES 5HALL BE 5EGURED AND PAID FOR BY THE 5UB- CONTRACTOR DIRECTLY RE5PON51BLE. 3. INTENTION: THE INTENTION OF THI5 DOCUMENT 15 TO INCLUDE ALL LABOR, MATERIAL5, EQUIPMENT AND TRANSPORTATION NEGE55ARY FOR A COMPLETE AND PROPER EXECUTION OF THE WORK DE50RIBED. 4. CHANGES: THE OWNER MAY ORDER EXTRA WORK OR MAKE CHANGES BY ALTERING, ADDING TO OR DEDUCTING FROM THE WORK. THE CONTRACT 5UM 5HALL BE ADJUSTED ACCORDINGLY. 5. CUTTING 4 PATCHING: ALL TRADERS 5HALL DO THEIR OWN GUTTING, FITTING, PATCHING, ETC. TO MAKE THE 5EVERAL PARTS COME TOGETHER PROPERLY AND FIT IT TO RECEIVE OR BE RECEIVED BY THE WORK OF OTHER TRADE5. 6. CLEANUP: ALL TRADES 5HALL AT ALL TIMES, KEEP THE 51TE FREE FROM ACCUMULATION OF WATTE MATERIALS OR RUBBI5H GAU5ED BY THEIR WORK. 1. GENERAL: A. ALL CONSTRUCTION AND WORKMAN5HIP 5HALL CONFORM TO CURRENT CBG, GPG, CMG, GEC, AND TITLE 24 A5 NOTED ON COVER SHEET OF PLAN5. B. DE5167N, MATERIALS, EQUIPMENT AND PRODUCTS OTHER THAN TH05E DE56RIBED BELOW OR INDICATED ON THE PRAAIN65 MAY BE CON5IDERED FOR U5E, PROVIDED PRIOR APPROVAL 15 OBTAINED FROM THE OWNER, ARCHITECT AND APPLICABLE GOVERN- ING A67ENCIE5. REFERENCES TO ANY DETAIL OR DRAWING 15 FOR CONVENIENCE ONLY AND DOES NOT LIMIT THE APPLICATION OF SUCH DETAIL5 OR DRAWIN55. G. THE ARCHITECT 5HALL IN NO WAY BE RE5PON51BLE FOR HOW THE FIELD WORK 15 PERFORMED, SAFETY IN, OR ABOUT THE JOB 51TE METH005 OF PERFORM- ANCE OR TIMELINE55 IN THE PERFORMANCE OF THE CONTRACTOR OR 5UBCONTRAGTOR'S WORK. 8. SOILS: PRIOR TO THE CONTRACTOR REQUE5TIN5 A FOUNDATION IN5PECTION, THE 501L5 ENGINEER (IF REQUIRED) 5HALL ADV15E THE BUILDING OFFICIAL IN WRITING THAT; A). THE BUILDING PAD WA5 PREPARED IN ACCORDANCE WITH THE 501L5 REPORT B). THE UTILITY TRENCHES HAVE BEEN PROPERLY BACK FILLED AND COMPACTED 6). THE FOUNDATION EXCAVATION WA5 MADE TO COMPLY WITH THE RECOMMENDATION FOR EXPANSIVE GHARAGTER15TI65 AND BEARING ( APACITY. \/IGINITY MAP �- U) V � W I � Q O Z 6 W Q U E U W o - Q 6 tip QL N r � cv Cn m Ln lip im z Jq u O `N W m j u' M C11 Z O �O O :z t U CL Drown by DM Checked by Dote 12/10/IS Job No. 18-101 11I = IOI-OII Sheet Number A-1 Of Sheets z N W W Q 0 z 0 Nz w< �Q z WN �o zz 0 0 ~o WQ >z WO O� �Q IF �z W o� �z W �Q QIL 00 Qo zQ zLU �W oQ K� zo Lz _ - IN WI UU �Q N� QF o° aQ Wo VI- Qz Wo WN oz 00 mo 00 NQ 0Q z �z Q Qo z �W z� �Q of NQ z� z0 �LL z W om =z 1­- (3 WN 0 W� zW om a z zQ I.-� w� KW W> w J QQr It - ON �o �0 ao W a Z zo QLLI lA N Q � o� Wo Qr N QN z z QZ Qo NW H� �Q �Q Ll J LLI z0) ID N WW WO Oz as WU 0 zW z* WJ J W* z� �z QK p§ QQ N_ Z= Q ~ 0-o do ZO UZ W Qy QQ Wz QIu J R' Q K AN i K OCCUPANT LOAD T.I. FOR 5U I TE A-E KITCHEN/PREP 11015 50. FT. @ 1:200 = 5 BAR 44150. FT. @ 1:200 = 3 BAR 5EATIN6 140 50. FT. @ 1:1 = 20 DINING 1 /504 50. FT. @ 1:15 = 121 LOCKED 5TOR. l8 50. FT. @ 1: 100 = 1 STORAGE 21150. FT. @ 1:500 = 1 OFF I GE 100 50. FT. @ 1: 100 = 1 5U I TE TOTAL OCCUPANT LOAD = 152 DINN6 PATIO 51S 50. FT. @ 1:15 = 40 BAR PATIO 554 50. FT. @ 1:1 = 4S PATIO TOTAL OCCUPANT LOAD = 88 5U I TE TOTAL OCCUPANT LOAD = 152 PATIO TOTAL OCCUPANT LOAD = 88 TOTAL OCCUPANT LOAD = 240 SQUARE FOOTAGE: 5U I TE A-E FLOOR PLAN: (E) KITCHEN/PREP: 11015 50 FT. (E) BAR 1: 116 SOFT. (E) BAR 15EATIN6: 48 50.7. (E) DINING: 1,804 50 FT. (E) RESTROOMS: 562 50.FT. (E) LOCKED STORAGE: lS 50.FT. (E) STORAGE: 21150.FT. (E) BAR 2: 255 50.FT. (E) BAR 2 5EATIN6: 12 50.FT. (E) OFFIGE: 100 50.FT. (E) EMPLOYEE AREA: 100 50 FT. (E) WALKWAYS: 410 50 FT. SUITE TOTAL: 4,0 50.FT. FLOOR PLAN NOTES o CONTRACTOR AND/OR SUBCONTRACTOR SHALL CAREFULLY STUDY AND COMPARE ALL DRAWINGS, DATA, DIMEN510N5, SPEC.'S, AND CONDITIONS BEFORE PROCEEDING WITH ANY WORK 4 REPORT AT ONCE TO THE ARCHITECT ANY ERROR INCONSISTENCY OR OM155ION THAT 15 DISCOVERED. o CONTRACTOR SHALL VERIFY W/OWNER ALL FIN15HE5 6 MATERIALS PRIOR TO PURCHASE AND/OR INSTALLATION. o CONTRACTOR SHALL NOT MAKE ANY CHANGES OR DEVIATE FROM THESE PLANS WITHOUT WRITTEN AUTHORIZATION FROM THE OWNER AND/OR ARCHITECT. IF OWNER AUTHORIZES ANY CHANGES, THE ARCHITECT SHALL BE NOTIFIED IMMEDIATELY. o ALL DIMENSIONS ARE TAKEN TO FACE OF STUD (U.N.0). IN CASE OF CONFLICT, NOTED DIMENSIONS TAKE PRECEDENCE OVER SCALE DRAWINGS. (DO NOT SCALE DRAWIN651) FLOOR PLAN SCHEDULE INDICATES NOTES APPLICABLE TO THI5 PLAN ONLY! U.N.O.. = UNLESS NOTED OTHERWISE. I. EXISTING RAMP TO REMAIN. 2. LOCATION OF EXISTING STAIRS TO REMAIN. 3. EXISTING LOCATION FOR STAIRS. 4. N/A 5. LOCATION OF ADA SEATING AREA. b. EXISTING LANDSCAPE PLANTERS TO REMAIN. 1. EXISTING LOCATION FOR LIGHTED AWNING WITH RESTAURANT SIGN ON FRONT. 8. EXISTING LOCATION FOR PATIO ACCESS. 9. EXISTING LOCATION FOR WALK UP WINDOW W/ADA COUNTER SEE DETAIL A THI5 SHEET. 10. EXISTING DECK / BAR PATIO. II. LOCATION FOR PORTABLE BAR. 12. LOCATION FOR 12" DEEP BAR TOP ® 42" A.F.F. 13. LOCATION FOR 12" DEEP ADA BAR TOP ® 34" A.F.F. SEE DETAIL A THI5 SHEET. 14. LOCATION FOR 18" DEEP BAR TOP ® 42" A.F.F. 15. LOCATION FOR 18" DEEP ADA BAR TOP ® 34" A.F.F. lb. N/A 11. LOCATION OF 60" ADA BAR COUNTER AREA. COUNTER HEIGHT 54" A.F.F. ly LLJ_ N v 6 'C Q L 0 z w 6 o iz Q L U > o ©� 0 Q G ccl O� tm TWO Cl)�. to t�N° 0 � U J d) tij OL L O Drown by DM Checked by Dote 12/10/IS Job No. 18-101 O z A 1/4" = 1'-0" Sheet Number A IL Ass O m Of Sheets PC RESOLUTION NO.2024- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. PA18-1390, A MODIFICATION TO A CONDIITONAL USE PERMIT TO ALLOW AN EXISTING RESTAURANT (OLD TOWN PUB & GRUB) LOCATED AT 28677 OLD TOWN FRONT STREET TO REVISE THE OPERATING HOURS TO MONDAY THRU SUNDAY 9:00 AM TO 1:30 AM. AND THE ENTERTAINMENT HOURS TO MONDAY/TUESDAY/THURSDAY/SUNDAY 7:30 PM —12:30 AM, WEDNESDAY 8:00 PM - 12:30 AM, AND FRIDAY/SATURDAY 6:00 PM — 1:30 AM, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN: 922-045- 033) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On July 17, 2013 the Planning Commission approved Planning Application No. PA 13-0127, a Conditional Use Permit to allow for a California Alcoholic Beverage Control (ABC) Type-47 license (on -sale general beer, wine, and distilled spirits) and entertainment for a bona fide eating establishment (Pub and Grub). B. On October 5, 2018, Eward Ryder filed Planning Application No. PA18-1390, Minor Modification to a Conditional Use Permit 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 February 21, 2024, 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 denied Planning Application No. PA18-1390 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 denying the Application hereby finds, determines and declares that the Modification Application PA18-1390 is not in accordance with Development Code Section 17.04.010.E (Conditional Use Permits) A. The proposed conditional use is consistent with the General Plan and the Development Code. The proposed conditional use modification is not consistent with the General Plan and Development Code. The Development Code states, "A Conditional Use Permit is intended to allow the establishment of those uses which have some special impact or uniqueness such that their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. " This allows the City to provide unique requirements for uses such as the subject establishment. The proposed extension of hours is not consistent with Old Town Specific Plan Land Use Economics — Policy 5. This policy states that there needs to be compatibility between both existing and new commercial uses and existing and new residential uses. Old Town has a combination of commercial and residential uses. The excessive calls for service and excessive code enforcement citations illustrate that the existing use is not compatible with existing commercial and residential uses. In addition, Section 9.10 of the Temecula Municipal Code states that entertainment shall cease at 11: 59 P.M. Therefore, the times proposed by the project cannot be supported. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed project seeks to allow an establishment's operational and entertainment hours to be extended beyond what has been previously approved. The existing establishment has a history of producing an excessive amount of calls for service. Many of these calls for service were related to battery, assault with a deadly weapon, driving under the influence (D. U.I.), noise, and drunk in public. From January 1, 2018 to December 31, 2023 the police responded to 458 calls for service at Old Town Pub & Grub. Of these calls, 150 were between the hours of 12: 00 A.M. And 2: 00 A.M. and a many were related to battery, assault with a deadly weapon, driving under the influence (D. U.I), noise, and drunk in public. In addition, Fire has provided multiple warnings to the establishment for operating above the allowable occupancy limit. Fire was also required to close the business for operating above the allowable occupancy. Fire also responded to a total of 74 calls for service from January 1, 2018 to December 31, 2023. Of these calls, 37 were between the hours of 12:00 AM and 2:00 AM. Many of the calls were related to drunkenness and assaults. This establishment has a history of having an adverse impact on other uses in Old Town as it has generated a substantial number of calls for service. In addition, this establishment has imposed a burden on the City s Code Enforcement Division that has had to respond to and investigate over 388 incidents at Old Town Pub and Grub when the business was operating past the time allowed pursuant to the Conditional Use Permit. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this development code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The project site currently houses an existing commercial structure containing a restaurant. Restaurant uses have been located at this site and within the subject structure for many years. The site is physically adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping and other development features required of a restaurant use. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The proposed modification will allow for an increase in operational hours for entertainment and alcohol service to 12: 30 A.M. Monday through Thursday and Sunday as well as 1: 30 A.M. on Friday and Saturday. The project is currently approved to have entertainment until 10: 00 P.M. Wednesday and Thursday and on Friday and Saturday until 12: 00 AM. The City Council and Planning Commission have provided policy direction that all entertainment shall cease at 11: 59 P.M. for the public health and safety, and general welfare of the community per the City of Temecula Municipal Code Section 9.10. By proposing to operate beyond these hours, the project will be detrimental to the health, safety, and general welfare of the community. In addition, the establishment has generated an excessive number of calls for service during their operations between 2018 and 2023 (458 calls). The establishment also operated beyond their approved hours (12: 00 A.M.) until 2: 00 AM. This resulted in calls for service for the Riverside County Sheriff's Department between the hours of 12: 00 AM and 2: 00 AM (150 calls). Many of the calls were related to battery, assault with a deadly weapon, Driving Under the Influence (D. U.I.), noise, and drunk in public issues. In addition, Fire has provided multiple warnings to the establishment for operating above the allowable occupancy limit. Fire was also required to close the business for operating above the allowable occupancy. Fire also responded to a total of 74 calls for service from January 1, 2018 to December 31, 2023. Of these calls, 37 were between the hours of 12: 00 AM and 2: 00 AM. Many of the calls were related to drunkenness and assaults. The City's Code Enforcement Division was also required to issue a total of 388 citations between this same time. Furthermore, the Old Town Specific Plan includes Land Use Economics — Policy 5. This policy states that there needs to be compatibility between both existing and new commercial uses and existing and new residential uses. The excessive calls for service and excessive code enforcement citations indicates that that existing use is not compatible with existing commercial and residential uses. As a result, the proposed changes would be considered detrimental to the health, safety, and general welfare of the community. E. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the Planning Director, Planning Commission, or City Council on appeal. The decision to deny the application for a Modification to the existing Conditional Use Permit shall be based on substantial evidence in view of the record as a whole before the Planning Commission. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the denial of the Conditional Use Permit Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15061(b)(4) as a project is exempt from CEQA if it is rejected or disapproved by a public agency. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 21 st day of February, 2024. Bob Hagel, 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. 2024- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 21 st day of February 2024, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: Luke Watson Secretary Old Town Pub & Grub 28677 Front Street, Temecula 92590 APN: 922-045-033-8 Ed Statement Of Operations DEC 2 6 2018 Restaurant/Bar type 47 ABC License License Number: 592839 Hours Of Operation: Monday: 9am—1:30am Tuesday: 9am—1:30am Wednesday: 9am—1:30am Thursday: 9am—1:30am Entertainment: Monday Karaoke: 7:30pm—12:30am Tuesday Karaoke: 7:30pm—12:30am Friday: 9am—1:30am Saturday: 9am—1:30am Sunday: 9am—1:30am Wednesday Open Mic Night: 8pm - 12:30am Thursday Karaoke: 7:30pm—12:30am # of Employees: 15 # of Required Parking Spaces: 0 Business Objective: Friday Live DJ: 6pm—1:30am Saturday Live DJ: 6pm—1:30am Sunday Karaoke: 7:30pm—12:30am Old Town Pub & Grub is here to provide a quality restaurant with great entertainment for local Temecula night life and for out of town visitors. We provide a safe and comfortable environment where people can enjoy the night life of Old Town Temecula. Compliance: Old Town Pub & Grub will follow and be in complete compliance with Temecula city Municipal code, Health code, Building and Planning, Fire and Police Department. We will obtain and keep to date all required permits and licenses and remain in good standings with the city of Temecula. STAFF REPORT —PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: July 17, 2013 PREPARED BY: Eric Jones, Case Planner PROJECT Planning Application No. PA13-0127, a Minor Conditional Use SUMMARY: Permit for Old Town Pub and Grub, a bona fide eating establishment, to allow for a Type 47 ABC license (on -sale general beer/wine/distilled spirits) and live indoor entertainment at 28677 Old Town Front Street RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15301, Class 1 Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Jim Rosa, on behalf of Old Town Pub and Grub General Plan Specific Plan Implementation (SPI) Designation: Zoning Designation: Specific Plan 5 (Old Town), Downtown Core (DTC) Existing Conditions/ Land Use: Site: Existing Commercial Structure / Specific Plan Implementation (SPI) North: Existing Parking Lot, Commercial Structure/Specific Plan Implementation (SPI) South: Third Street, Existing Commercial Structure/Specific Plan Implementation (SPI) East: Existing Commercial Structure / Specific Plan Implementation (SPI) West: Old Town Front Street, Existing Commercial Structure/Specific Plan Implementation (SPI) Lot Area: Total Floor Area/Ratio Landscape Area/Coverage: Exist_inQ/Proposed Min/Max Allowable or Required N/A NIA N/A N/A Parking Required/Provided: N/A N/A N/A N/A i BACKGROUND SUMMARY On May 16, 2013, Jim Rosa, on behalf of the Old Town Pub and Grub restaurant, filed Planning Application No. PA13-0127, a Minor Conditional Use Permit. The application will allow the restaurant to obtain a Type 47 license from the California Department of Alcoholic Beverage Control (ABC) and offer live indoor entertainment. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS Old Town Pub and Grub is a new bona fide restaurant that proposes to operate out of an existing commercial structure within the Old Town Specific Plan. The restaurant intends to offer their patrons a full alcohol menu with beer, wine, and distilled spirits. This will require a Type 47 license from ABC. Per the Old Town Specific Plan (Table IV: Land Use Matrix), businesses offering alcoholic beverage sales with distilled spirits in Old Town must obtain a Conditional Use Permit (CUP). ABC has indicated that Findings of Public Convenience or Necessity will not be required from the City of Temecula since the business will operate as a bona fide eating establishment. The restaurant will also provide live indoor entertainment. Per the Old Town Specific Plan (Table IV: Land Use Matrix), businesses offering live entertainment must obtain a CUP. The entertainment provided by Old Town Pub and Grub will consist of musicians playing light classic rock, country, and jazz. The entertainment will be provided during the following hours: Wednesday & Thursday: 7 p.m. to 10 p.m. Friday & Saturday: 8 p.m. to 12 a.m. The applicant has not proposed any modification to the site or structure as part of this application. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U-T San Diego on July 5, 2013 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 Minor Conditional Use Permit will allow a new bona fide eating place to obtain a Type 47 license from the California Department of Alcoholic Beverage Control and provide live musical entertainment for its patrons. These uses are common for restaurants will not require modifications to the existing structure or site. No impacts are anticipated. FINDINGS The proposed conditional use is consistent with the General Plan and the Development Code. The conditional use will allow a bona fide eating establishment to serve a full alcohol menu and provide live indoor entertainment. These uses are common for restaurants and the Old Town Specific Plan provides provisions to allow for them. Therefore, the proposed conditional use is consistent with the General Plan, Old Town Specific Plan and Development Code. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The Minor Conditional Use Permit will allow a new bona tide eating establishment to obtain a Type 47 alcohol license and provide live indoor entertainment. These are common uses for restaurants and several similar establishments are located within close proximity. Therefore, these conditional uses are compatible with the nature, condition and development of adjacent uses, buildings and structures. The Project is not anticipated to adversely affect the adjacent uses, buildings or structures. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this development code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The conditional uses will be housed within and existing commercial structure. Therefore the site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission in order to integrate the use with other uses in the neighborhood. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The application has been reviewed to ensure compliance with the Municipal, Building, and Fire codes. These codes contain provisions to ensure the public health, safety, and general welfare. No impacts are anticipated. That the decision to approve, conditionally approve, or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. The decision to conditionally approve the application for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Planning Commission. ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Statement of Operations Notice of Public Hearing VICINITY MAP r 0 125 250 PLAN REDUCTIONS OLD TOWN PUB & GRUB RESTAURANT TL 206 YY F ff 0MY Mro SUMEO'.0 CZ0 TEMEcu" r .r.*wr..arn�.rnucm.....•Ftir. ..r.,,,e.�.n..nu ��L we.r,tx.wu� Fr.rrrre wrwa.rva rPFew. r... sec-er:.rn nr .��+aw.�= owrr.uw way.Fwa...ux..rP.vs.wceF...arw,am aarne• _ en�+ere.c: HD�i rMw v�4+�w.mvrsne�s�Fa� 4A�y•Mf.�CT Cr rSe4 T FbiF?1FG! wr�.c �rrr'vyk� n.a"`en P+w r.u>, r awwm n r w Mrea�.re srb�Ye �rahrur M}gp�r wi r.VR F`F�k1.�si1/4as�e �k�Fi,4 • wwrrFr..... rrrre uravar �q.4 �Mia rr.riaa :r+�•F• M 41 w ..+.sr. +r.oa..•r. s rrwa. aw OE ORAL NOTES .ra .. �e►r yic.� '� b �N ar�ae.a wR b ���ewsRnl .q arcrwc�wawr .w r aew�a Feex.r ererN`AaI �� F.�a+ate 1 l�aWr)rTleeeFrMwa 6 ooelk� SOH 1R'lC. 9L1♦,431 " K.MA'JouwA10 ryE W 4WXi 16f A 9"* OM r54S W GN ME]LGf E6, � ootwI 11E 10-10 rx m" Ifrsmy-AL = em oa'E A144 �Bf NITZGS. w.� M Y�th�re M M2 GALY A OEMaLDW6 FRVAMY 6M ii? R L46J Tf V44kromA AA1LWSM §Ei� ""% wx MSm 6N ne X04 OGriweerA,.u"'at'! SPoG�L:GOU 1{GVNC.�L LOGE Bll`1 d1 Y�! ]D]° W:.+n nr7 N+T71a T-t Vo C-10 ASM19tVL ODM4" N THE 2x61Ef. M 2w Gf, MA FaE CODE 606fi 7r rdx fi. *0 K4MK#,mt �E #Ji0 6Ai.-MA 30blr CME &V� M SA7 SOW 60M AFA MF A �7W Gi�wLS W� da/�olr lti eo: onen wve Fw�tlA GALP l>.M CONTACT INPORMATION .nyt 7M E/JMJIJ�e Wla! R�.W7 S a ewW.��M 1 MT �'L►M�� ] low �� nk.Ix N+6 w.. ItlCO 1EptlJ1�- 0�►:tD ,area •rise oarnae w � rawwc..r. xr+c� Fa ML"J�M r� N..AM SHEET INDEX VICINITY MAP LES P1FVmmm I euew urr, Aw¢w�A, craw SQUARE FOOTAGE: SUITE C tV FLOOR I ILM: m 3"s0n. flAR ms SaFr. eM SEAr#W, 46 50.Ff, M", 554 50:T. RESTRCOWC 2-6 SOFT. LOGlCi57 5 okw— a8 50rf sraRAr,�, Iw SOFT. WE RRAL: 2x& 50,'r QCC QFAN-, LOA T.I. FOR 9JITt- up YJTGHENrPREP 349 5d. FT. a I:2W = Z BAR M % Fr, b 1:20 _ € BAR SEATING 43 50. FT. • 1:1 = 1 GINN6 554 50, f a I:IS ?1 LO 0 STOR 46 S& F , B 5:500 = I STORAGE I40 50. FT. a I:500 a 1 TOTAL Ocopm'r LOAD = ea PROJECT DATA xn A Cwr+e �lM rw SSj4iw ,w, SViY71 aba+ 9i19 HIYI '1�v.9 ?swr. As" iP. Ojt. iJ7MaH'PG MOAN M 77 wtl o.a• was a-.tii d d .re wx i sa■s r. : . : w w.t. a .�. .+fr. oe. ■ — aa,� efr �• �� /a•"� yql .7M1LiQYVM HI714 91@Yl➢ to :lvla -... h1i 1-N41 ii41 fRl. 3-�rna��� aaaa .'< � wt ...o. �,,..�a•a .� >d:,. Rr. : e:. �sm•+1. �..f, . s�aa mo...e f .asvb nu`:.■n r.lew ■Ras t• unao aaa.w w.., o r .f aays ran« rno�e m9 a...rra a.ww..eee � { aow��..� 9t cool kG Or11r > 6 y t a wva..oainwT a 46 a iY N m- O ws+,+�.+i exxw mar+ may` f•p•..F77.tSh.f •u• er maw/.tR.w wmN 1.01 WM Ns r a y� x�. ^ �,i �7G a>� .aea craw. alw TM a+ pu V LVw9a. M�TW �naii�M V ...iYt. a�i.i1 NAM 01NM M.MM ilgYilKt MM WA. 13T .}.y T�G'a'R yq TTl-T��.T Yba M:fl.N9I.TF� i f1YY.ar InOb � 4 an JF■.M�. N .rm ra aia�.■i..r �aa �•w sr �a a�u un=:.A=7=== o,�w...�r.r..w�•.,�.a.. .:Q .,a.. r D Wb � MMr � �Ki'Ki �tiK wrlr�afw�+�i,/tb lrr�ft�r.rt�.a.tl Nrr. 2 :fr l.O..�...d pRr. ti..a • pia artr inw trwr�erw,.c.■a.,r .r ••.f.,rr+...t.rr aaw+v�. C t.w.nifrlr.mreww.r r.rte �� v.ra.� a+.r � ,.�..a �Mr ..1 i'I/rri.vle. p■.'M.r•I+ww mns1 t.r irwrnrsr.�r.l.• F ..1 FlP4R �.. �iR L•Ilac i. mll.lw• m.VL �rF b•�n M i.1Tt.YbIMiYi1.F rAF �...halYintdar. anTe..011+Ytsr w a awul0 w�fay A �dwI1.Y�lf4...Yb A[w�fF�GfbisTr nar+. o- fr •Nn ZV■'�.Y .im •.cMAifiYil W�iW.ai.ri lrNm. Wital�. -iM�.• i•r1I.. '� C S �`. ry nwra..rvdv...rs ofr ac.. a.taaar,aasofam s 11OR • y..s gar -� JIM C r � ` a a�Y l.ltll.i7oi .$ -$ am d 17YM 3'61d 0311N drH •� e T G 13 f -6 s PC RESOLUTION PC RESOLUTION NO. 13- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA13-0127, A MINOR CONDITIONAL USE PERMIT FOR OLD TOWN PUB AND GRUB, A BONA FIDE EATING ESTABLISHMENT, TO ALLOW FOR A TYPE 47 ABC LICENSE (ON -SALE GENERAL BEER/WINE/DISTILLED SPIRITS) AND LIVE INDOOR ENTERTAINMENT AT 28677 OLD TOWN FRONT STREET (APN 922-045-033) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On May 16, 2013, Jim Rosa, on behalf of Old Town Pub and Grub filed Planning Application No. PA13-0127, a Minor Conditional Use Permit Application in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on July 17, 2013, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA13-0127 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Minor Conditional Use Permits (Development Code Section 17.04.010) 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 conditional use will allow a bona fide eating establishment to serve a full alcohol menu and provide live indoor entertainment. These uses are common for restaurants and Old Town Specific Plan contains provisions to allow for them. Therefore, the proposed conditional use is consistent with the General Plan, Old Town Specific Plan and Development Code. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures; The Minor Conditional Use Permit will allow a new bona fide eating establishment to obtain a Type-47 alcohol license and provide live indoor entertainment. These are common uses for restaurants and several similar establishments are located within close proximity. Therefore, these conditional uses are compatible with the nature, condition and development of adjacent uses, buildings and structures. The Project is not anticipated to adversely affect the adjacent uses, buildings or structures. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The conditional uses will be housed within and existing commercial structure. Therefore the site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The application has been reviewed to ensure compliance with the Municipal, Building, and Fire codes. These codes contain provisions to ensure the public health, safety, and general welfare. No impacts are anticipated. E. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal; The decision to conditionally approve the application for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Planning Commission. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1 Existing Facilities) The Minor Conditional Use Permit will allow a new bona fide eating place to obtain a Type 47 license from the California Department of Alcoholic Beverage Control and provide live musical entertainment for its patrons. These uses are common for restaurants and will not require modifications to the existing structure or site. No impacts are anticipated. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA13-0127, a Minor Conditional Use Permit for Old Town Pub and Grub, a bona fide eating establishment, to allow for a Type 47 ABC license (on -sale general beer/wine/distilled spirits) and live indoor entertainment at 28677 Old Town Front Street, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 17th day of July, 2013. John Telesio, Chairman ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 13- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 17th day of July, 2013, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA13-0127 Project Description: A Minor Conditional Use Permit for Old Town Pub and Grub, a bona fide eating establishment, to allow for a Type 47 ABC license (on - sale general beer/wine/distilled spirits) and live indoor entertainment at 28677 Old Town Front Street Assessor's Parcel No. MSHCP Category: DIF Category: TUMF Category: Quimby Category: Approval Date: Expiration Date: PLANNING DEPARTMENT 922-045-033 N/A (No New Square Footage/Grading) N/A (No New Square Footage) N/A (No New Square Footage) N/A (Non -Residential Project) July 17, 2013 July 17, 2015 Within 48 Hours of the Approval of This Project PL-1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Fifty Dollars ($50.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/ developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Wildlife Code Section 711.4(c)). General Requirements PL-2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL-3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-4. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant 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. PL-5. The Planning Director may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. PL-6. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 5 (Old Town). PL-7. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL-8. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters. Ensure that all materials and products stored outside are protected from rain. Ensure all trash bins are covered at all times. PL-9. The applicant shall complywith their Statement of Operations submitted May 16, 2013, on file with the Planning Department, unless superseded by these Conditions of Approval. PL-10, This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL-11. The City, its Planning Director, 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 Planning Director, Planning Commission and City Council is in addition to, and not in - lieu of, the right of the City, its Planning Director, 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. PL-12. 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 (951-676-5090). PL-13. Hours of operation for the live indoor entertainment shall be: Wednesday and Thursday 7 p.m. to 10 p.m. and Friday and Saturday 8 p.m. to 12 a.m. PL-14. All live entertainment shall be conducted indoors. PL-15. All live entertainment must adhere to the City of Temecula Noise Ordinance. OUTSIDE AGENCIES PL-16. The applicant shall comply with the recommendations set forth by the County of Riverside Department of Environmental Health. FIRE PREVENTION General Requirements F-1. Maximum occupancy load signs shall be posted within the establishment. The occupant load shall not be exceeded during business hours. F-2. Any extension cords shall be of a commercial type and be in good working condition. Extension cords shall not be subjected to physical damage. Extension cords shall be maintained in good condition without splices, deterioration or damage (CFC Chapter 6). BUILDING AND SAFETY B-1. No stage or platform will be constructed on the premises without the approval of the City of Temecula. B-2. No path of egress or component to the means of egress shall be restricted or obstructed. POLICE DEPARTMENT General Requirements PD-1. Applicant has applied for a Type 47 On -Sale, General — Eating Place (Restaurant) license, 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. PD-2. Applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. PD-3. Applicant must complete a LEAD training either given by the Department of Alcoholic Beverage Control, or an ABC certified equivalent course. PD-4. Applicant shall ensure that no alcohol is sold to, possessed or consumed by any person under the age of 21. PD-5. 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 anyof 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. PD-6. As noted above, only a valid government issued identification card issued bya 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. PD-7. Sections 24200.5 (b) and 25657 (a) (b) B&P; Rule 143 CCR: 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. PD-8. Type 41, 47 and 49 licensees must operate and maintain their licensed premises as a bona fide eating place. They must make actual and substantial sale of meals, during the normal meal hours that they are open, at least five days a week. Normal meal hours are: breakfast 6:00 a.m. — 9:00 a.m., lunch 11:00 a.m. — 2:00 p.m., and dinner 6:00 p.m. — 9:00 p.m. Premises that are not open five days a week must serve meals on the days they are open. The premises must be equipped and maintained in good faith. This means the premises must possess working refrigeration and cooking devices, pots, pans, utensils, table service, condiment dispensers, menus, posters, signs, and enough goods to make substantial meals. The premises must complywith all regulations of the local health department. Incidental, sporadic or infrequent sales of meals or a mere offering of meals without actual sales is not compliance. "Meals" means the usual assortment of food commonly ordered at various hours of the day. The service of only sandwiches or salads is not considered compliance. However, certain specialty entrees, such as pizza, fish or ribs, and an assortment of other foods, such as soups, salads or desserts, may be considered a meal. The Department will presume that a licensee is operating as a bona fide eating place if the gross sales of food prepared and sold to guests on the premises exceeds the gross sales of alcoholic beverages. "Prepared" means any processing preliminary to the final serving of food. (Note: Some licensees have a "conditional" license that requires food sales to be 50% or more of the total gross sales Sections 23038 and 23787 B&P). PD-9. Licensees may not sell, give, or deliver alcohol (bythe drink or bythe package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P Code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00 a.m. Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter than the law. Those licenses are marked "Conditional" (23805 B&P). PD-10. 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 rightto visit and inspect any licensed premises at anytime 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). PD-11. 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 premises area includes the parking lot ( Sections 24200 (a) (B&P) and 25601 B&P; 316 PC). PD-12. Applicant shall ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages are trained in the proper procedures and identification checks. The Temecula Police Department provides free training for all 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 Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. PD-13. Events where entertainment is to be provided must abide bythe 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 of the breasts, 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 his or her genitals or anus (Rule 143.3 CCR. Also violates Section 311.6 PC if conduct is "obscene". PD-14. All exterior doors shall have a vandal resistant lightfixture installed above the door. The doors shall be illuminated with a minimum one -foot candle illumination at ground level, evenly dispersed. PD-15. All lighting affixed to the exterior of buildings less than 8 feet high shall be vandal resistant. PD-16. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. PD-17. Upon completion of construction, each building or business shall have an alarm system that is monitored by designated private alarm company to notifythe Temecula Police Department of any intrusion. All multi -tenant offices/suites/businesses located within a specific building shall each have their own alarm system. This condition is not applicable if the business is open 24/7. PD-18. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. STATEMENT OF OPERATIONS Statement of Operations *A Detailed description of the equipment proposed for the event Speaker system for band with lighting *Hours and days of operation • 10:30am-12:OOam Monday -Sunday ■ Live entertainment Wednesday & Thursday 7pm-10pm Friday & Saturday 8pm-12am *Numbers of employees 15 *Proposed private security (If required) With entertainment if needed *Estimated number of people in attendance 67 *Total number of parking spaces eliminated for the event None *Indicate if food will be provided Yes *Indicate if alcohol will be provided Yes (Type 47) *Indicate if live entertainment or loud music will be provided Yes - Live indoor entertainment Wednesday & Thursday 7pm-10pm Friday & Saturday 8pm- 12am. Entertainment will consist of live music (light classic rock, country, jazz,) *Indicate all types of structures to be provided (light, tents, signs, fences, etc.) Lights — indoor for the live entertainment *Indicate how many portable restrooms will be provided, if any None *Indicate if ADA (handicap) paths are existing on site NOTICE OF PUBLIC HEARING Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No: PA13-0127 Applicant: Jim Rosa, on behalf of Old Town Pub and Grub Proposal: A Minor Conditional Use Permit for Old Town Pub and Grub, a bona fide eating establishment, to allow for a Type 47 ABC license (on -sale general beer/wine/distilled spirits) and live indoor entertainment at 28677 Old Town Front Street. Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15301, Class 1, Existing Facilities) Case Planner: Eric Jones, (951) 506-5115 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: July 17, 2013 Time of Hearing: 6:00 p.m. Project Site si /A 2S0 Soo ON Feet The agenda packet (including staff reports) 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 — www.cityoftemecula.org. Any Supplemental Material 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 — www.citygftemecula.org — and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please call the Planning Department, (951) 694-6400. //RWG June 5, 2023 VIA E-MAIL AND OVERNIGHT MAIL Old Town Pub & Grub 28677 Old Town Front Street Temecula, CA 92590 Business Owners: Ed & Erin Ryder 30295 White Wake Dr. Canyon Lake, CA 92587 edcryder@gmail.com erindryder@gmail.com Property Owner: Linda Lash, Inc. lindashererlash@gmail.com Agent for Service for Linda Lash Inc.: Kimber Patscheck 955 Vale Terrace Dr. Suite A Vista, CA 92084 Guido E. Toscano T 213.626.8484 F 213.626.0078 F gtoscano@rwglaw.com 350 South Grand Avenue 37th Floor Los Angeles, CA 90071 rwglaw.com Re: Order to Cease and Desist Code and Conditional Use Permit Violations at Pub & Grub, 28677 Old Town Front Street, Temecula, California To All Parties: This office serves as the City Attorneys for the City of Temecula ("City"). We write regarding ongoing violations of the Temecula Municipal Code ("TMC" or "Code") at Old Town Pub & Grub ("Pub & Grub") located at 28677 Old Town Front Street in the City (the "Property"). Please be advised that Pub & Grub is operating outside of its Conditional Use Permit ("CUP") (TMC § 17.04.010) by its failure to abide by condition PL-13 of the CUP, which states the only approved hours of operation for live indoor entertainment are: Wednesday and Thursday 7 p.m. to 10 p.m. and Friday and Saturday 8 p.m. to 12 a.m. Los Angeles San Francisco Orange County Temecula Central Coast Sacramento Pub & Grub June 5, 2023 Page 1 2 Violations of the Code are subject to enforcement pursuant to the provisions of TMC Chapters 1.16, 1.20, 1.21, 1.24 and 8.12 which provide for, among other things, administrative citations, civil penalties and other enforcement options. Any violation of the Code is unlawful and a public nuisance. See TMC, §§ 1.20.010, 8.12.020(A). As you are well aware, Pub & Grub has been and continues to be in violation of the Municipal Code and its CUP by having live entertainment well outside its authorized hours. YOU ARE HEREBY INSTRUCTED TO IMMEDIATELY CEASE AND DESIST LIVE ENTERTAINMENT OUTSIDE OF THE AUTHORIZED HOURS OF WEDNESDAY AND THURSDAY 7 P.M. TO 10 P.M. AND FRIDAY AND SATURDAY 8 P.M. TO 12 A.M. The City considers violations of the CUP and live entertainment outside of authorized hours as a public nuisance that must cease immediately or the City will pursue formal legal action against you, including potentially a civil action against both the Business and the Property Owner to abate the public nuisance. The City also reserves its right to initiate administrative proceedings to revoke the CUP if that becomes necessary. The City's concerns regarding hours of operation have been ongoing for a significant period. We are aware that City Code enforcement personnel met with Mr. Ryder in the summer of 2018 and that citations have been issued almost every weekend since August 2018. The CUP violations still persist today despite the City's citations, the imposition of civil penalties and repeated efforts to achieve voluntary compliance. The City intends to initiate civil and/or administrative proceedings if the Business Owner and the Property Owner do not take the necessary steps to ensure that Pub & Grub limits its live entertainment to its authorized hours. Please note that if the City must initiate a legal proceeding, then the City will also seek attorneys' fees and costs in connection with the abatement of the public nuisance, in addition to all recoverable civil penalties and fines. Please be advised that failure to comply with this letter will result in civil prosecution and other enforcement actions, up to and including revocation of the CUP, if necessary to abate the unlawful public nuisance conditions that are ongoing at the Property. We understand that a meeting is scheduled for June 7 to discuss these matters and look forward to hearing from you and your plan for bringing Pub & Grub into compliance with the Code and your CUP. Very truly yours, Guido E. Tosc no, City Attorney Pub & Grub June 5, 2023 cc: Luke Watson, City Manager Tom Cole, Code Enforcement Field Supervisor Peter Thorson, City Attorney 11086-0011\2817351v1.doc Page 13 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.: PA18-1390 Applicant: Edward Ryder Project Location: 28677 Old Town Front Street Proposal: A Modification to allow an existing restaurant (Old Town Pub & Grub) to revise the previously approved overall operating hours and entertainment hours approved under an existing Conditional Use Permit. Proposed operating hours will be Monday thru Sunday 9:00 AM to 1:30 AM. Proposed entertainment hours will be Monday/Tuesday/Thursday/Sunday 7:30 PM — 12:30 AM, Wednesday 8:00 PM - 12:30 AM, and Friday/Saturday 6:00 PM — 1:30 AM. The project is located at 28677 Old Town Front Street. Environmental Action: As currently designed, staff is not supporting this project and is recommending denial. As such, in accordance with the California Environmental Quality Act (CEQA), staff has determined that the proposed project is exempt from further environmental review pursuant to CEQA Guidelines Section 15061(b)(4) Case Planner: Eric Jones, (951) 506-5115 PLACE OF HEARING: 41000 Main Street, Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: FEBRUARY 21, 2024 TIME OF HEARING: 6:00 PM f S .° s Project Sfte 4 + 2r ' 600 Feet 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 February 22, 2024 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 PA18-1390, a Modification to allow an existing restaurant to revise the previously approved overall operating hours and entertainment hours approved under an existing Conditional Use Permit. The project is located at 28677 Old Town Front Street. Dear Sir/Madam: Enclosed is the Notice of Exemption for the above referenced project. In addition, pursuant to Assembly Bill 3158 (Chapter 1706) the Applicant will pay for the County Administrative fee to enable the City to file the Notice of Exemption required under Public Resources Code Section 21152 and 14 California Code Regulations 1507. The payment of the $50.00 filing fee is under protest. It is the opinion of the City that the administrative fee has been increased in a manner inconsistent with the provisions of State Law. Under Public Resources Code Section 21152 and 14 California Code Regulations 1507, the County is entitled to receive a $25.00 filing fee. Also, please email a stamped copy of the Notice of Exemption within five working days after the 30-day posting to the email listed below. If you have any questions regarding this matter, please contact Eric Jones at email: eric.jones@TemeculaCA.gov. Sincerely, Matt Peters Assistant Director of Community Development Enclosures: Notice of Exemption Form Electronic Payment - Filing Fee Receipt City of Temecula Community Development Planning Division Notice of Exemption TO: County Clerk and Recorders Office FROM: Planning Division County of Riverside City of Temecula P.O. Box 751 41000 Main Street Riverside, CA 92501-0751 Temecula, CA 92590 Project Title: Pub and Grub Modification (PA18-1390) Description of Project: A Modification to allow an existing restaurant to revise the previously approved overall operating hours and entertainment hours approved under an existing Conditional Use Permit. Project Location: 28677 Old Town Front Street Applicant/Proponent: Edward Ryder The Planning Commission denied the above -described project on February 21, 2024, 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: 15269(a)); ® Other: Section 15061.b.4 ❑ Emergency Project (Section 21080(b)(4); Section 15269(b)(c)); Statement of Reasons Supporting the Finding that the Project is Exempt: Staff has determined that the proposed project is exempt from further environmental review pursuant to CEQA Guidelines Section 15061(b)(4) as a project is exempt from CEQA as staff is recommending that the project be disapproved as currently proposed. Contact Person/Title: Eric Jones, Associate Planner Telephone Number (951) 506-5115 Signature: Matt Peters Assistant Director of Community Development Date received for filing at the County Clerk and Recorders Office: Date: