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Home My WebLink About06052024 PC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35 .102.35.104 ADA Title II]. AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JUNE 5, 2024 - 6:00 PM CALL TO ORDER: Chair Bob Hagel FLAG SALUTE: Commissioner Gary Watts ROLL CALL: Hagel, Ruiz, Solis, Turley-Trejo, Watts PUBLIC COMMENT A total of 30 minutes is provided for members of the public to address the Commission on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the Commission Secretary. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to PlanningCommission@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No . 2021-54. CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one vote. There will be no discussion of these items unless members of the Commission request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the Commission on items that appear on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the Commission Secretary. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to 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 Approve the action minutes of May 15, 2024Recommendation: MinutesAttachments: Page 1 Planning Commission Agenda June 5, 2024 2.Director's Hearing Summary Report Receive and File Director's Hearing Summary Report .Recommendation: MemorandumAttachments: PUBLIC HEARING Any person may submit written comments to the Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the Commission Secretary at, or prior to, the public hearing. For public hearings each speaker is limited to 5 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the Commission Secretary or by submitting an email to be included into the record. Email comments must be submitted to PlanningCommission@temeculaca.gov. Email comments on all matters, including those not on the agenda, must be received prior to the time the item is called for public comments. Any person dissatisfied with a decision of the Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision. The appeal must be filed on the appropriate Community Development Department form and be accompanied by the appropriate filing fee. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No . 2021-54. 3.Long Range Planning Project Number LR23-0429, amending Title 9 (Public Peace Morals and Welfare), Title 17 (Zoning), and Old Town Temecula Specific Plan (SP No. 5) as detailed in the proposed Ordinance and Resolution attached as Exhibits A and B, Mark Collins Adopt resolutions entitled: PC RESOLUTION NO. 2024- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 9 AND 17 OF THE TEMECULA MUNICIPAL CODE TO 1) IMPLEMENT AND DEFINE A CLASS IV ENTERTAINMENT LICENSE, 2) AMEND TABLE 17.08.030 (SCHEDULE OF PERMITTED USES COMMERCIAL/OFFICE/INDUSTRIAL DISTRICTS) TO INCLUDE CLASS IV ENTERTAINMENT ESTABLISHMENT AS A NON PERMITTED USE IN ALL ZONES BUT ALLOWED IN THE OLD TOWN SPECIFIC PLAN AND ADD NOTE REFERENCING CHAPTER 17.09 (ALCOHOL), 3) CREATE A NEW CHAPTER 17.09 (ALCOHOL) AND RELOCATE ALL ALCOHOL REQUIREMENTS FROM CHAPTER 17.10 (SUPPLEMENTAL DEVELOPMENT STANDARDS) TO CHAPTER 17.09 (ALCOHOL), 4) CREATE STANDARDS FOR Recommendation: Page 2 Planning Commission Agenda June 5, 2024 ENTERTAINMENT ESTABLISHMENTS; AND 5) MAKING A FINDING OF EXEMPTION UNDER UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061(B)(3)” PC RESOLUTION NO. 2024- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING SPECIFIC PLAN AMENDMENT NO. 11 TO THE OLD TOWN SPECIFIC PLAN TO 1) ADD CLASS IV ENTERTAINMENT ESTABLISHMENT AS A PERMITTED USE IN THE DOWNTOWN CORE DISTRICT 2) IMPLEMENT A ONE YEAR OUTDOOR LIVE ENTERTAINMENT PILOT PROGRAM 3) AND MAKE A FINDING OF EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061(b)(3)” Staff Report PC Resolution (Ordinance) Exhibit A - Draft City Council Ordinance PC Resolution (SPA) Draft City Council Resolution - Old Town Specific Plan Amendment Exhibit B - Old Town Specific Plan Notice of Public Hearing Attachments: COMMISSIONER REPORTS COMMUNITY DEVELOPMENT DIRECTOR REPORT PUBLIC WORKS DIRECTOR REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be held on Wednesday, June 19, 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 1 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA MAY 15, 2024 - 6:00 PM CALL TO ORDER at 6:00 PM: Chair Bob Hagel FLAG SALUTE: Commissioner Lanae Turley-Trejo ROLL CALL: Hagel, Ruiz, Solis, Turley-Trejo, Watts PUBLIC COMMENTS - AGENDA ITEMS The following individual(s) addressed the Commission:  Rebecca Farnbach (Item #3)  Richard Beck (Item #3)  Wendy Lesously (Item #3)  Ed Dool (Item #3) All electronic comments received were made a part of the record of the meeting. CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (4-0, Turley-Trejo abstained): Motion by Ruiz, Second by Watts. The vote reflected unanimous approval with Turley-Trejo abstaining. 1. Minutes Recommendation: Approve the action minutes of April 17, 2024 BUSINESS 2. General Plan Consistency Review of the Proposed Draft Fiscal Years 2025-2029 Capital Improvement Program Budget Sheets (Long Range Project No. LR24-0141), Katie Garcia Recommendation: Adopt a resolution entitled: PC RESOLUTION NO. 2024-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA MAKING A FINDING OF CONSISTENCY WITH THE GENERAL PLAN FOR THE PROPOSED DRAFT FISCAL YEARS 2025-2029 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET SHEETS AND MAKE A FINDING OF EXEMPTION UNDER SECTIONS 15378(B)(4), 15061(B)(3), AND 15262 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (LONG RANGE PLANNING PROJECT NO. LR24-0141) 2 Approved the Staff Recommendation (5-0): Motion by Ruiz, Second by Solis. The vote reflected unanimous approval. PUBLIC HEARING 3. Planning Application No. PA22-0035, a Development Plan for the construction of an approximately 288,269 square foot, 355 room, seven (7) story, 91 -foot, full service hotel that includes an approximately 174,382 square foot parking garage, conference facilities/ballrooms, full service spa, restaurants, bars/lounges, retail outlets, workout facility, outdoor pool area, and an outdoor wedding garden; and PA22-0037, a Tentative Parcel Map (TPM 38349) to combine ten existing lots into a single lot. The project is located on the east side of Front Street between First Street and Second Street (APNs: 922-072-005, 007, 010, 011, 013, 016, 018, 020, 021, and 023), Scott Cooper Recommendation: Adopt resolutions entitled: PC RESOLUTION NO. 2024- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA22-0035, DEVELOPMENT PLAN FOR AN APPROXIMATELY 288,269 SQUARE FOOT, 355 ROOM, SEVEN (7) STORY, 91-FOOT, FULL SERVICE HOTEL THAT INCLUDES AN APPROXIMATELY 174,382 SQUARE FOOT PARKING GARAGE LOCATED ON THE EAST SIDE OF FRONT STREET BETWEEN FIRST STREET AND SECOND STREET AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (APNS: 922-072-005, 007, 010, 011, 013, 016, 018, 020, 021, AND 023) PC RESOLUTION NO. 2024- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA22-0037, TENTATIVE PARCEL MAP (TPM 38349) TO COMBINE TEN EXISTING LOTS INTO A SINGLE LOT LOCATED ON THE EAST SIDE OF FRONT STREET BETWEEN FIRST STREET AND SECOND STREET AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (APNS: 922-072-005, 007, 010, 011, 013, 016, 018, 020, 021, AND 023) Motion for the applicant to continue the project for redesign, to relocate the swimming pool, add vertical and horizontal building articulation, and to add functioning balconies (4-1, Hagel opposed): Motion by Turley-Trejo, Second by Watts. The vote reflected unanimous approval with Hagel opposing. COMMISSIONER REPORTS 3 COMMISSION SUBCOMMITTEE REPORTS COMMUNITY DEVELOPMENT DIRECTOR REPORT PUBLIC WORKS DIRECTOR REPORT ADJOURNMENT At 9:24 PM, the Planning Commission meeting was formally adjourned to Wednesday, June 5, 2024, at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Bob Hagel, Chair Matt Peters, Acting Director of Community Development Item No. 2 CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: Planning Commission Chair and members of the Planning Commission FROM: Matt Peters, Assistant Director of Community Development DATE: June 5, 2024 SUBJECT: Director's Hearing Summary Report Community Development Director’s Agenda item(s) for March and May. Date Case No. Proposal Applicant Action March 14, 2024 PA23-0382 A resolution of the Director of Community Development of the City of Temecula approving Planning Application No. PA23-0382, a Modification application to a Development Plan for a new 4,182 square foot building, 287 square foot detached canopy with trellis and 7,918 square foot canopy located at 41892 Motor Car Parkway, and making a finding of exemption under section 15332 of the California Environmental Quality Act (CEQA) guidelines (APN 921-680-003) Carl Chrisman APPROVED DH RESOLUTION NO. 2024-01 May 2, 2024 PA23-0481 A resolution of the Director of Community Development of the City of Temecula approving Planning Application No. PA23-0481, a Conditional Use Permit application for a volley club facility to provide practices, clinics, and training located at 42232 Rio Nedo, and making a finding of exemption under the California Environmental Quality Act (CEQA) (APN 909- 254-007) Evita Figueroa APPROVED DH RESOLUTION NO. 2024-02 Attachments: Action Agendas ACTION AGENDAS ACTION AGENDA TEMECULA COMMUNITY DEVELOPMENT DIRECTOR'S HEARING MEETING MARCH 14, 2024 - 1:30 PM TEMECULA CITY HALL COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA CALL TO ORDER at 1:30 PM: Matt Peters, Assistant Director of Community Development PUBLIC COMMENTS – None Item No. 1 1:30 PM Project Number: PA23-0382 Project Type: Modification Project Title: Temecula Valley Toyota MOD Applicant: Carl Chrisman Project Description: A Modification Application to a Development Plan for a new approximately 4,182 square foot building, 287 square foot detached canopy with trellis and approximately 7,918 square foot canopy. Location: 41892 Motor Car Parkway (APN 921-680-003) Environmental Action: Categorically Exempt Section 15332, Class 32, In-fill Development Projects Project Planner: Yannin Marquez, Case Planner ACTION: APPROVED BY ASSISTANT DIRECTOR OF COMMUNITY DEVELOPMENT MATT PETERS ADJOURNMENT: The meeting was adjourned at 1:34 PM ACTION AGENDA TEMECULA COMMUNITY DEVELOPMENT DIRECTOR'S HEARING MEETING MAY 2, 2024 - 1:30 PM TEMECULA CITY HALL COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA CALL TO ORDER at 1:30 PM: Matt Peters, Assistant Director of Community Development PUBLIC COMMENTS – None Item No. 1 1:30 PM Project Number: PA23-0481 Project Type: Conditional Use Permit Project Title: Figs Volleyball Club CUP Applicant: Evita Figueroa Project Description: A Conditional Use Permit for Figs Volleyball Club to provide practices, clinics, and training on Monday through Friday from 5:00 PM to 11:00 PM, and on Saturday and Sunday from 7:00 AM to 11:00 PM at the existing building. Location: 42232 Rio Nedo Environmental Action: Categorically Exempt Section 15301, Class 1, Existing Facilities Project Planner: Yannin Marquez, Case Planner ACTION: APPROVED BY ASSISTANT DIRECTOR OF COMMUNITY DEVELOPMENT MATT PETERS ADJOURNMENT: The meeting was adjourned at 1:35 PM Item No. 3 1 STAFF REPORT – PLANNING CITY OF TEMECULA PLANNING COMMISSION TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Deputy City Manager DATE OF MEETING: June 5, 2024 PREPARED BY: Mark Collins, Assistant Planner PROJECT SUMMARY: Long Range Planning Project Number LR23-0429, amending Title 9 (Public Peace Morals and Welfare), Title 17 (Zoning), and Old Town Temecula Specific Plan (SP No. 5) as detailed in the proposed Ordinance and Resolution attached here as Exhibit A and B, respectively. RECOMMENDATION: Adopt 1) a Resolution recommending that the City Council adopt an Ordinance amending Title 9 & 17 of the Temecula Municipal Code, 2) a Resolution recommending that the City Council adopt a Resolution adopting Specific Plan Amendment No. 11. CEQA: Categorically Exempt per CEQA Section 15061(B)(3) BACKGROUND SUMMARY During the Covid-19 pandemic, businesses of all varieties were put under conditions that likely could have resulted in the loss of many businesses within the City, specifically Old Town. During the pandemic, the City was proactive and established an outdoor dining program that allowed restaurants and retailers to stay open and continue to operate within the limits of then current health restrictions. This proved beneficial, as all businesses who took advantage of the program survived the pandemic and continue to thrive to this day. As the “Jewel of Temecula,” residents have long known that Old Town is a special place; both in terms of its importance to the community as a cultural, historic, and social place for families to enjoy as well as its substantial economic impact to the City and regionally. The exceptional steps taken by businesses and the City to keep Old Town open during this time was no doubt a success. As the impacts of the pandemic eased, Old Town became a victim of its own success, with rising rates of alcohol related incidents, overserving of patrons and various other alcohol related or induced crimes or violations of the Municipal Code. In addition to the rising 2 rates of alcohol related incidents, City Staff was receiving multiple requests from existing and potential businesses to sell alcohol past midnight. In response, the City of Temecula held a joint public workshop of the City Council and Planning Commission on the morning of September 9, 2023. These bodies are responsible for the approval of permits and licenses allowing for businesses to provide or sell alcohol to their guests and patrons. At this meeting, staff presented a history of Old Town and its growth into the lively Old Town is today; this included more recent history of continued alcohol related incidents and in some cases illegal behavior/actions observed. This discussion focused on three topics that the Council requested additional research and information on. They were: 1) Consistent and predictable conditions of approval for businesses that provide alcoholic beverage sales. 2) Type 90 Alcohol Beverage Control (ABC) License, which permits entertainment venues to serve distilled spirits, without food service as well as allow minors on the premises. 3) Explore the options of an outdoor live entertainment permit specific to Old Town. Staff received direction from the joint workshop to further analyze and prepare a policy framework for amending the Development Code and began their analysis. After initial analysis, further direction was necessary from the Planning Commission and City Council. A second joint public workshop of the City Council and Planning Commission was held on the morning of February 1, 2024. This meeting focused primarily on how the City wanted to address some specific questions that would shape the framework of the updated policies. Specifically, staff was requesting direction on:  hours of operation  quantity of events/permits  limits on musical instruments (percussion),  relation to City events and residences. After collecting feedback from the joint workshop, staff has prepared a draft ordinance to implement these changes to Chapter 9.10 (Entertainment License), Title 17 (Zoning) and a draft resolution to adopt Specific Plan Amendment No. 11 (SPA No. 5) to the Old Town Specific Plan. Summary of policy The draft proposal incorporates the following: Changes to Chapter 9.10 (Entertainment License)  Creation of a Class IV Entertainment License exclusively for Type 90 establishments Changes to Title 17  Consolidate all alcohol standards and conditions into a new Chapter 17.09 (Alcohol)  Implement standard conditions of approval based upon the land use of the establishment o Close at midnight (new establishments) Changes to the Old Town Specific Plan  Amending the land use table to permit (a maximum of one) Class IV entertainment establishment in conjunction with a live entertainment license and a Type 90 ABC license. 3  Creation of a one-year pilot program allowing outdoor live entertainment, specifically within the Downtown Core District within Old Town Listed below is a summary of the proposed changes, each of which is discussed in greater detail in the analysis section, which follows: Ordinance Amending Title 9 and Title 17 of the Municipal Code Changes to Title 9 Section 9.10.020 (Definitions) 1. Amend the definition of “Entertainment Establishment Types” to include “Class IV Entertainment License” which is specific and only issued to establishments that hold a Type 90 ABC License. 2. Add definition for “Type 90 ABC License.” Section 9.10.060 (Fees) 3. Specify that the Class IV Entertainment License shall have the same Fee amount and application process as that of a Class III Entertainment License as set by City Council Resolution. Section 9.10.090 (Universal entertainment license standards and conditions) 4. Add Class IV Entertainment License, and specify that all requirements applicable to Class I, II, and III Entertainment Licenses are applicable to Class IV with the exception of operational hours. Operating hours for a Class IV Entertainment License are 7:00 a.m. through 10:59 p.m., and alcohol sales ceasing at 11:59 p.m. Section 9.10.125 (Class IV Entertainment Venue Conditions) 5. Add new section implementing operating conditions for Class IV Entertainment Establishments, to include reference to Chapter 17.09 (Alcohol). Changes to Title 17 Table 17.08.030 (Schedule of Permitted Uses Commercial/Office/Industrial Districts) 6. Amend the table to include, “Class IV entertainment establishment as a non-permitted use in all commercial zones, but allowed in the Downtown Core District of the Old Town Specific Plan, and add “Footnote 16” to all land uses that serve or sell alcohol referencing Chapter 17.09 (Alcohol). Chapter 17.09 (Alcohol) 4 7. Create new Chapter, 17.09 (Alcohol). This chapter will contain standards, conditions, and operational requirements for establishments that sell or serve alcohol. In addition, this chapter will include additional definitions, staff training, posting requirements that would establish standards specific to the operation of a Class IV entertainment establishment. Only one Class IV entertainment establishment will be allowed, and it shall be located exclusively within the Downtown Core District in the Old Town Specific Plan. Lastly, the regulations would require that alcohol sales moving forward shall cease at midnight (11:59 p.m.). CUP’s issued prior to this Ordinance may operate under their existing CUP hours. Section 17.10.020 (Supplemental Development Standards 8. Subsection B (Alcoholic Beverage Sales), and Subsection G (Entertainment Establishments) will be relocated to Chapter 17.09 (Alcohol), and the latter renamed “Entertainment Establishments” as shown in Exhibit A. Resolution Amending the Old Town Specific Plan (SP No. 5) 9. The resolution will amend the Specific Plan to establish a pilot (test) program to last 1 year that would allow businesses to provide outdoor live entertainment through the use of a Temporary Use Permit. This program would provide limits for: hours of entertainment, amplification, and other limits necessary for the operation of such an establishment within a mixed use district.. The resolution would also amend the Old Town Specific Plan to include “Class IV entertainment establishment” as a permitted use specifically within the Downtown Core District of the Old Town Specific Plan. ANALYSIS Outlined below is the explanation for the proposed amendments: 1. Section 9.10.020 (Definitions) The proposed Ordinance would amend the definition of “Entertainment Establishment” to include “Class IV Entertainment License” specific and only issued to a business who has a valid Type 90 ABC License. 2. Section 9.10.020 (Definitions) The proposed Ordinance would add a definition for “Type 90 ABC License” as is necessary for the implementation of said license. 3. Section 9.10.090 (Universal Entertainment License Standards and Conditions) 5 The proposed Ordinance would amend this section to include language specifying that the Universal Entertainment License Standards and Conditions would be applicable to all Class IV Entertainment Establishments. This is to ensure consistency across all entertainment licenses issued throughout the City. Additionally, would allow dancing at Class IV entertainment establishments. 4. Section 9.10.125 (Class IV Entertainment Establishment Standards and Conditions) The proposed Ordinance would add a section to implement standards and conditions for Class IV entertainment establishments. These include, but are not limited to, all standards and requirements specified for Class I, II, and III entertainment establishments in addition to increased security and posting requirements. 5. Table 17.08.030 (Schedule of Permitted Uses Commercial/Office/Industrial Districts) The proposed Ordinance would include “Class IV entertainment establishment” within the schedule of permitted uses, however, would not be permitted in any zoning district. A “Footnote 17” is added to provide that a Class IV Entertainment Establishment is permitted in the Downtown Core District of the Old Town Specific Plan. In addition, a “Footnote 16” is added to the table which refers to the newly created Chapter 17.09 (Alcohol) for all such uses that allow the sale of alcohol. 6. Chapter 17.09 (Alcohol) The proposed Ordinance would consolidate alcohol standards into a new “Chapter 17.09 (Alcohol).” This is to create a single location for all standards and requirements for establishments that serve or sell alcohol. In addition, this Ordinance would implement standards specific to the operation of a Class IV entertainment establishment (ABC Type 90) to include a limit of one such establishment, hours of operation, training requirements for employees, etc. Lastly, the ordinance would clarify that alcohol sales moving forward will cease at midnight (11:59 p.m.). However, the Type 90 ABC License explicitly allows alcohol sales two hours prior to and one hour after entertainment ceases. This will require Class IV Entertainment Establishments cease entertainment at 10:59 p.m., to ensure the sale of alcoholic beverages may continue for 1 hour after entertainment ends, with alcohol sales ending at 11:59 p.m. 7. Section 9.10.125 (Class IV Entertainment Establishment Regulations) The proposed Ordinance would add the aforementioned section to include regulations and operational standards specific to Class IV entertainment establishments (Type 90 ABC License). These conditions would be in place to ensure that the operation of such establishments do not negatively impact surrounding residents and businesses. These conditions include a requirement to obtain and maintain in good standing a Class IV entertainment license. 6 8. Old Town Specific Plan Amendments Section III Administration and Historic Preservation The Old Town Specific Plan is being amended to establish a pilot (test) program for outdoor live entertainment at the direction of the City Council who desired to increase the nightlife and entertainment offerings within Old Town. This pilot program includes a sunset clause to terminate 1 year from adoption, unless extended, made permanent, or the program is cancelled or revoked. The resolution would also amend the Old Town Specific Plan to include “Class IV entertainment establishments” as a permitted use specifically within the Downtown Core District of the Old Town Specific Plan. Additionally, the amendment would correct various typographical errors. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Press Enterprise on May 23, 2024. ENVIRONMENTAL DETERMINATION Ordinance amending Title 9 and Title 7 In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review pursuant to State CEQA Guidelines Section 15061(b)(3). The ordinance establishes citywide regulations on alcohol uses which impact the operation of these businesses to make them safer for the general public. In addition, the ordinance provides that one Class IV entertainment establishment will be permitted in the City but this establishment will only be permitted in an already existing business that holds a Type 42 ABC license. As such, the change in operations to allow live entertainment in this type of venue is not anticipated to have a significant effect on the environment. In addition, the ordinance establishes standards for the operation of Class IV entertainment establishments to ensure that these businesses do not have adverse impacts on surrounding uses. The Planning Commission, therefore, recommends that the City Council of the City of Temecula adopt a Notice of Exemption for the proposed ordinance. Resolution amending the Old Town Specific Plan In accordance with the California Environmental Quality Act (CEQA), Specific Plan Amendment No. 11 to the Old Town Specific Plan has been deemed to be exempt from further environmental review as there is no possibility that the proposed action would have a significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). The Specific Plan amendment allows for one Class IV entertainment establishment in the Downtown Core area of the Old Town Specific Plan. This license type would be granted to an already existing business that already holds a Type 42 ABC license and that also holds a Type 90 ABC license. So this would be an expansion of an already existing use in that the use could now hold specific events. In addition, the Specific Plan amendment will allow existing businesses to provide live outdoor entertainment, on a temporary basis as a one-year pilot program. Therefore, there is no possibility this amendment would have a significant effect on the environment. 7 ATTACHMENTS: 1. PC Resolution 2. Exhibit A - Draft City Council Ordinance 3. PC Resolution – Specific Plan Amendment (SPA) 4 Draft City Council Resolution (SPA) 5. Exhibit B – Draft Specific Plan Amendment No. 11 6. Notice of Public Hearing PC RESOLUTION NO. 2024- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 9 AND 17 OF THE TEMECULA MUNICIPAL CODE TO 1) IMPLEMENT AND DEFINE A CLASS IV ENTERTAINMENT LICENSE, 2) AMEND TABLE 17.08.030 (SCHEDULE OF PERMITTED USES COMMERCIAL/OFFICE/INDUSTRIAL DISTRICTS) TO INCLUDE CLASS IV ENTERTAINMENT ESTABLISHMENT AS A NON PERMITTED USE IN ALL ZONES BUT ALLOWED IN THE OLD TOWN SPECIFIC PLAN AND ADD NOTE REFERENCING CHAPTER 17.09 (ALCOHOL), 3) CREATE A NEW CHAPTER 17.09 (ALCOHOL) AND RELOCATE ALL ALCOHOL REQUIREMENTS FROM CHAPTER 17.10 (SUPPLEMENTAL DEVELOPMENT STANDARDS) TO CHAPTER 17.09 (ALCOHOL), 4) CREATE STANDARDS FOR ENTERTAINMENT ESTABLISHMENTS, AND 5) MAKING A FINDING OF EXEMPTION UNDER CEQA GUIDELINES SECTION 15061(B)(3)” Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. An increase in the frequency of alcohol related incidents within Temecula, particularly after midnight, prompted the City Council to direct staff to make revisions related to how alcohol uses are regulated which requires amendments conditions and requirements to portions of Title 9 (Public Peace, Morals and Welfare) and Title 17 (Zoning) of the Temecula Municipal Code. In addition, a new ABC Type 90 license became effective on January 1, 2024. The City Council directed staff to amend the Municipal Code to address this new license type. B. The Planning Commission, at a regular meeting, considered the proposed amendments to Title 9 (Public Peace, Morals and Welfare) and Title 17 (Zoning) of the Temecula Municipal Code on June 5, 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 opposition to this matter. C. The proposed amendments to Titles 9 and 17 are consistent with the City of Temecula General Plan, and each element thereof. D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended that the City Council adopt the Ordinance attached hereto as Exhibit “A”. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. In recommending adoption of the proposed Ordinance, the Planning Commission of the City of Temecula does hereby make the following additional findings as required by Section 17.01.040 (“Relationship to General Plan”) of the Temecula Municipal Code: 1. The proposed use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the general plan. The proposed Ordinance implements a new ABC License Type (Type 90 Class IV entertainment establishment), creates a new Class IV Entertainment License and establishes regulations for the operation of establishments that serve alcohol to patrons on the premises which furthers the goals and policies contained in the City’s General Plan. Inclusion of Class IV entertainment establishments (ABC Type 90 License) as a permitted use in the Old Town Specific Plan furthers Policy 7.1 of the Land Use Element which is to “Consider locating additional civic, public and cultural facilities in and around the Old Town area. Inclusion of consistent standards for establishments that sell alcohol furthers Goal 1 of the Land Use Element which specifies “A diverse and integrated mix of residential, commercial, industrial, recreational, public and open space land uses. 2. The proposed uses are in conformance with the goals, policies, programs and guidelines of the elements of the general plan. The proposed Ordinance implements consistent standards for establishments that sell alcohol, which furthers Goal 3 of the Public Safety Element which is to provide “A safe and secure community free from the threat of personal injury and loss of property.” 3. The proposed uses are to be established and maintained in a manner which is consistent with the general plan and all applicable provisions contained therein. The Ordinance has been designed to be consistent with Policy 3.1 of the Economic Development Element of the General Plan which states, “Encourage a pattern of development that balances revenue generating land uses in phase with other uses that have negative fiscal impacts.” Environmental Compliance. In accordance with the California Environmental Quality Act, the proposed Ordinance No. 2024- is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Title 14 of the California Code of Regulations, CEQA Guidelines Section 15061 (b) (3) because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The City is establishing citywide regulations on alcohol uses which impact the operation of these businesses to make them safer for the general public. In addition, one class IV entertainment establishment will be permitted in the City but this establishment will only be permitted in an already existing business that holds a Type 42 ABC license. In addition, the ordinance establishes standards for the operation of class IV entertainment establishments to ensure that these businesses do not have adverse impacts on surrounding uses. As such, the change in operations to allow live entertainment in this type of venue is not anticipated to have a significant effect on the environment. The Planning Commission, therefore, recommends that the City Council of the City of Temecula adopt a Notice of Exemption for the proposed ordinance. Section 3. Recommendation. The City of Temecula Planning Commission hereby recommends the City Council approve Planning Application No. LR23-0429, a proposed Citywide Ordinance as set forth on Exhibit “A”, attached hereto, and incorporated herein by this reference. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of June 2024. Bob Hagel, Chair ATTEST: Matt Peters Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Matt Peters, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing 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 5th day of June, 2024, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: Matt Peters Secretary -1- ORDINANCE NO. 2024- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 9 AND 17 OF THE TEMECULA MUNICIPAL CODE TO 1) IMPLEMENT AND DEFINE A CLASS IV ENTERTAINMENT LICENSE, 2) AMEND TABLE 17.08.030 (SCHEDULE OF PERMITTED USES COMMERCIAL/OFFICE/INDUSTRIAL DISTRICTS) TO INCLUDE CLASS IV ENTERTAINMENT ESTABLISHMENT AS A NON PERMITTED USE IN ALL ZONES BUT ALLOWED IN THE OLD TOWN SPECIFIC PLAN AND ADDING A NOTE REFERENCING CHAPTER 17.09 (ALCOHOL), 3) CREATE A NEW CHAPTER 17.09 (ALCOHOL) AND RELOCATE ALL ALCOHOL REQUIREMENTS FROM CHAPTER 17.10 (SUPPLEMENTAL DEVELOPMENT STANDARDS) TO CHAPTER 17.09 (ALCOHOL), 4) CREATE STANDARDS FOR ENTERTAINMENT ESTABLISHMENTS , AND 5) MAKING A FINDING OF EXEMPTION UNDER CEQA GUIDELINES SECTION 15061(B)(3) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. A new California Department of Alcoholic Beverage Control (ABC) License Type, Type 90 (Entertainment Venue) became effective on January 1, 2024 and inclusion of this new license type would bring increased visibility and patronage to Temecula. As such, the City Council directed staff to establish criteria for allowing these types of establishments in the City. B. An increase in the frequency of alcohol related incidents within Temecula, particularly after midnight, prompted the City Council to direct staff to make revisions related to how alcohol uses are regulated which requires amendments to portions of Title 9 (Public Peace, Morals and Welfare) and Title 17 (Zoning) of the Temecula Municipal Code. C. The code amendments are being made to ensure the Temecula Municipal Code provides a clear and concise process for applicants desiring to serve alcohol within the City and strong tools for compliance. Section 2. Procedural Findings. The City Council of the City of Temecula does hereby find, determine, and declare that: A. On June 5, 2024, the Temecula Planning Commission considered this Ordinance at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. -2- B. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 2024-XX recommending approval of the Ordinance by the City Council. C. On July 9, 2024, the City Council, at a regular meeting, considered the Ordinance at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. D. Following the public hearing, the City Council considered the entire re cord of information received at the public hearings before the Planning Commission and City Council. Section 3. Further Findings. The City Council of the City of Temecula in approving the proposed Municipal Code amendments hereby makes the following additional findings as required by Section 17.01.040 (“Relationship to General Plan”) of the Temecula Municipal Code: A. The use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the General Plan; The proposed Ordinance implements a new ABC License Type (Type 90 Class IV entertainment establishment), creates a new Class IV Entertainment License and establishes regulations for the operation of establishments that serve alcohol to patrons on the premises which furthers the goals and policies contained in the City’s General Plan. Inclusion of Class IV entertainment establishments (ABC Type 90 License) as a permitted use in the Old Town Specific Plan furthers Policy 7.1 of the Land Use Element which is to “Consider locating additional civic, public and cultural facilities in and around the Old Town area. Inclusion of consistent standards for establishments that sell alcohol furthers Goal 1 of the Land Use Element which specifies “A diverse and integrated mix of residential, commercial, industrial, recreational, public and open space land uses. B. The proposed use is in conformance with the goals, policies, programs and guidelines of elements of the General Plan; The proposed Ordinance implements consistent standards for establishments that sell alcohol, which furthers Goal 3 of the Public Safety Element which is to provide “A safe and secure community free from the threat of personal injury and loss of property.” C. The proposed use is to be established and maintained in a manner which is consistent with the General Plan and all applicable provisions contained therein; The Ordinance has been designed to be consistent with Policy 3.1 of the Economic Development Element of the General Plan which states, “Encourage a pattern of development that balances revenue generating land uses in phase with other uses that have negative fiscal impacts.” Environmental Compliance. In accordance with the California Environmental Quality Act, the proposed Ordinance No. 2024- is exempt from the -3- requirements of the California Environmental Quality Act (“CEQA”) pursuant to Title 14 of the California Code of Regulations, CEQA Guidelines Section 15061 (b) (3) because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The City is establishing citywide regulations on alcohol uses which impact the operation of these businesses to make them safer for the general public. In addition, one class IV entertainment establishment will be permitted in the City but this establishment will only be permitted in an already existing business that holds a Type 42 ABC license. In addition, the ordinance establishes standards for the operation of class IV entertainment establishments to ensure that these businesses do not have adverse impacts on surrounding uses. As such, the change in operations to allow live entertainment in this type of venue is not anticipated to have a significant effect on the environment. The Planning Commission, therefore, recommends that the City Council of the City of Temecula adopt a Notice of Exemption for the proposed ordinance. Section 4. Section 9.10.020 (Definitions) of Chapter 9.10 (Entertainment License) of Title 9 (Public Peace, Morals and Welfare) of the Temecula Municipal Code is hereby amended to amend the definition of “Entertainment Establishment Types” and to add a definition for “Type 90 ABC License” as follows, with additional with all other provisions of Section 9.10.020 remaining unchanged: “Entertainment establishment(s)” means any commercial business, that is open to the public and offers entertainment to patrons. Entertainment establishments are separated into four three different classes, as outlined below: Entertainment Establishment Types Class I entertainment establishment (a businesses without alcohol) means a business offering ancillary entertainment to patrons. A class I facility does not serve any alcoholic beverages and does not include any dancing. Class II entertainment establishment (a business serving beer, wine, and/or distilled spirits) means a business with an ABC license that offers beer, wine, and or distilled spirits in addition to offering ancillary entertainment to patrons. A class II facility does not include dancing. (Subject to Chapter 17.09 (Alcohol)) Class III entertainment establishment (nightclub, cocktail lounge, bar, and dance club/hall, pool hall) means a business with an ABC license that offers any combination of beer, wine, and/or distilled spirits in addition to offering entertainment to patrons. A class III facility also allows for dancing. Restaurants with dancing shall be classified as a class III facility. (Subject to Chapter 17.09 (Alcohol)) Class IV entertainment establishment means a business with a Type 90 ABC License which allows for the sale of beer, wine, and distilled spirits at retail for consumption on the premises in a music entertainment facility, as defined in Business and Professions Code section 23550. (Subject to Chapter 17.09 (Alcohol)). “Type 90 ABC License” shall have the same definition as contained in Business and Profession Code section 23550 as may be amended from time to time. -4- Section 5. Subsection A of Section 9.10.090 (Universal entertainment license standards and conditions) of Chapter 9.10 (Entertainment License) of Title 9 of the Temecula Municipal Code is hereby amended to read as follows, with additions shown in underlined text and deletions shown in strikethrough text, with all other provisions of Section 9.10.090 remaining unchanged: 9.10.090. Universal entertainment license standards and conditions. A. All class I, class II, and class III, and class IV entertainment establishments shall operate in accordance with the following standards or conditions: 1. Display of License. The entertainment license shall be displayed on the premises in a conspicuous place so that law enforcement and city staff entering may readily see the entertainment license. A copy of the floor plan approved with the entertainment license shall always be kept on the premises and made available at the request of any law enforcement officer, fire marshal, code officer, or deputy fire marshal, or if requested by the establishment after an opportunity for pre-compliance review. 2. Outdoor Entertainment. Outdoor entertainment is prohibited unless explicitly permitted by an active conditional use permit that explicitly allows outdoor entertainment, or by a temporary use permit, or special event permit. 3. Class III and IV Entertainment. Dancing is only permitted at establishments with a Class class III or class IV entertainment license. 4. Entertainment Hours of Operation. Entertainment operations shall cease, based on the times outlined below: a. The hours of entertainment for a class IV entertainment establishment are limited to 10:59:59 pm to allow for the sale of alcoholic beverages 1 hour after live performance ends. Entertainment License Type Class I 7:00 a.m. – 10:00 9:59:59 p.m. Daily Class II 7:00 a.m. – 10:00 9:59:59 p.m. Daily Class III Entertainment operating hours shall be between 7:00 a.m. – 11:59:59 p.m. or as otherwise set forth in a conditional use permit that explicitly allows dancing adopted prior to February 1, 2022. Class IV Entertainment operating hours shall be between 7:00 a.m. – 10:59:59 p.m. or as otherwise set forth in a conditional use permit that explicitly allows dancing adopted prior to August 8, 2024. Section 6. Section 9.10.125 (Class IV Entertainment Establishment) is hereby added to Chapter 9.10 (Entertainment License) of Title 9 of the Temecula Municipal Code to read as follows: “9.10.125. Class IV Entertainment Establishment. -5- A. Permit Required. 1. All class IV entertainment establishments shall obtain and hold a class IV entertainment license to lawfully operate as a class IV entertainment establishment. B. Application selection process. 1. Only one class IV entertainment establishment license shall be issued on a first come, first served basis. Applications must be received by the Community Development Department by no later than August 8, 2024 at 4 p.m., must be accompanied by the appropriate fee, and must meet the following criteria: 1) the business must hold a Type 42 ABC License (public premises, beer & wine no food), 2) the business must have no occupancy violations within the prior twelve (12) months from when the application was submitted, 3) the business shall not have any violations of their ABC license. Any business that does not meet this criteria will not be issued a license. C. A class IV entertainment establishment shall comply with the regulations set forth in Sections 9.10.090 and 9.10.120. A class IV entertainment establishment shall also comply with the following: 1. ABC Requirements. All class IV entertainment establishments shall operate strictly in accordance with the limits of their ABC License and any conditions imposed by ABC in addition to Business and Professions Code sections 23550 and 23552, as the same may be amended from time to time. 2. Location. Establishments seeking a Class IV license shall only be permissible within the Old Town Temecula Specific Plan Area, exclusively within the “Downtown Core” District as shown on Exhibit IV-1: Old Town Regulating Plan located in the Old Town Specific Plan (SP No. 8). 3. Operating Requirements. Standards, conditions and operatin g requirements for a class IV entertainment license are located in Chapter 17.09 (Alcohol).” Section 7. Table 17.08.030 (Schedule of Permitted Uses Commercial/Office/Industrial Districts) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 of the Temecula Municipal Code is hereby amended to read as follows with additions shown in underlined text and deletion shown in strikethrough text, with all other provisions of the table remaining unchanged: Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI A Adult businesses—subject to Chapter 5.09 of the Temecula Municipal Code - C C C - - - -6- Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI Aerobics/dance/gymnastics/jazzercise/martial arts studios (greater than 5,000 sq. ft.) - P P P - C - Aerobics/dance/gymnastics/jazzercise/martial arts studios (less than 5,000 sq. ft.) C P P P C C - Airports - - - - - C C Alcoholism or drug treatment facilities - C C C C - - Alcoholic beverage manufacturing116 - - - C - P P Alcoholic beverage manufacturing with entertainment111, 16 - - - C16,11 - C16,11 C16,11 Alcoholic beverage sales16 See Chapter 17.09 (Alcohol) Section 17.10.020, Supplemental development standards. Ambulance services - - P P - P P Animal hospital - P P P - P P Animal keeping - - - - - - - Animals—large (cattle, horses and mules)9 P P10 P P P10 P P Animals—small (burros, goats, pigs, ponies and sheep)9 P P10 P P P10 P P Animal shelter9 - C C C - C C Antique restoration - C C C - C P Antique sales P P P P - - - Apiaries or beekeeping9 P P10 P P P10 P P Apparel and accessory shops P P P P - - - Appliance sales and repairs (household and small appliances) P P - P - C C -7- Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI Arcades (pinball and video games)1 - C C C - - - Art supply stores P P P P - - - Auction houses - - C P - C C Auditoriums and conference facilities - C C C C C C Automobile oil change/lube services with no major repairs - C P P - - P Automobile painting and body shop - - - C - - P Automotive parts—sales P P P P - - P Automobile rental - C C P - - P Automobile repair services - C C P - - P Automobile sales (wholesale or autobroker only) with no outdoor/storage of vehicles - C C P - C C Automobile sales with only indoor display/storage of vehicles - C C P - C C Automobile sales with outdoor display/storage of vehicles1 - - - C - - C Automobile salvage yards/impound yards - - - - - - C Automobile service stations with or without an automated car wash1 - P P P C C P Automotive service stations selling beer and/or wine— with or without an automated car wash1, 16 - C1 C1 C1 C1 C1 C1 B Bakery goods distribution - - - P - P P Bakery retail P P P P - - - -8- Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI Bakery wholesale - - - P - - P Banks and financial institutions1 P P P P P P P Barber and beauty shops P P P P P P P Bed and breakfast1 - C P - - C - Beer and wine market116 C C C C - - - Bicycle (sales, rentals, services) P P P P - - P Billiard parlor/pool hall1,11,16 - C1,11,16 C1,11,16 C1,11,16 - - - Binding of books and similar publications - - - - - P P Blood bank - P P P P P P Blueprint and duplicating and copy services - P P P P P P Bookstores P P P P - - - Bowling alley1,16 - P P P - - - Building material sales (with exterior storage/sales areas greater than 50% of total sales area) - - - P - - P Building material sales (with exterior storage/sales areas less than 50% of total sales area) - C C P - - P Butcher shop16 P P P P - - - C Cabinet shop - - - P - - P Cabinet shops under 20,000 sq. ft.—no outdoor storage - - - P - P P Camera shop (sales/minor repairs) P P - P - - - Candy/confectionery sales P P P P - - - -9- Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI Car wash, full service1 - C C C - - C Carpet and rug cleaning - - - P - C P Catering services16 P P - P - P P Clothing sales P P - P - - - Coins, purchase and sales P P - P - - - Cold storage facilities - - - - - - P Communications and microwave installations2 - - - - - - - Communications equipment sales - C - C - P P Community care facilities P P P P - - - Computer sales and service P P - P P P P Congregate care housing for the elderly1, 4 P P P P P - - Construction equipment sales, service or rental - - - C - - P Contractor's equipment, sales, service or rental - - - C - - P Convenience market116 C C C C C - - Costume rentals - P - P - - - Crematoriums - - - - - - C Cutlery - P P P - - - D Data processing equipment and systems C C - P P P P Day care centers C P P C P C - Delicatessen16 P P P P P P P -10- Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI Discount/department store16 - P - P - - - Distribution facility - - - C - C P Drug store/pharmacy16 P P P P P - - Dry cleaners P P P P P P C Dry cleaning plant - C C C - - P E Educational institution C C - C C C - Efficiency unit housing - C - - C - - Emergency shelters C C C C C C C Entertainment Establishment (ABC Type 90)16, 17 - - - - - - - Equipment sales and rentals (no outdoor storage) - P P P - C P Equipment sales and rentals (outdoor storage) - - - C - - P F Feed and grain sales - - - P - - P Fire and police stations P P P P P P P Floor covering sales - P P P - - - Florist shop P P P P P - - Food processing - - - - - - P Fortunetelling, or similar activity P P P P P P - Freight terminals - - - - - - P Fuel storage and distribution - - - - - - C -11- Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI Funeral parlors, mortuary - P P P - - C Furniture sales - P - P - - - Furniture transfer and storage - - - C - P P G Garden supplies and equipment sales and service - C P P - - C Gas distribution, meter and control station - - - - - C C General merchandise/retail store less than 10,000 sq. ft. 16 C P P P - - - Glass and mirrors, retail sales - P P P - - - Governmental offices C P P P P P P Grocery store, retail116 - P P P C - - Grocery store, wholesale116 - - - P - C P Guns and firearm sales - P - P - - - H Hardware stores P P - P - - - Health and exercise clubs (greater than 5,000 sq. ft.) - P P P - P - Health and exercise clubs (less than 5,000 sq. ft.) C P P P C P - Health care facility P P P - P P P Health food store16 P P P P C - - Heliports1 - - - - - C C Hobby supply shop P P P P - - - Home and business maintenance service - - - P - P P -12- Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI Hospitals - C C C C C C Hotels/motels16 - C P - C C - I Ice cream parlor P P P P P - - Impound yard - - - - - - C Interior decorating service P P P P P P - J Junk or salvage yard - - - - - - C K Kennels (Commercial Kennels) and Commercial Cattery, and Dog/Cat Training Center9 - C - C - C C L Laboratories, film, medical, research or testing centers - - - - - P P Laundromat P P P P - - - Laundry service (commercial) - - - P - - P Libraries, museums and galleries (private) - C C C C C C Liquefied petroleum, sales and distribution - - - - - - C Liquor stores116 - - - - - - - Lithographic service - - - P - P P Locksmith P P P P - - P Low barrier navigation center13 P P P P P - - M -13- Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI Machine shop - - - - - - P Machinery storage yard - - - - - - C Mail order businesses P P - P P P P Manufacturing of products similar to, but not limited to, the following: Custom-made product, processing, assembling, packaging, and fabrication of goods within enclosed building (no outside storage), such as jewelry, furniture, art objects, clothing, labor intensive manufacturing, assembling, and repair processes which do not involve frequent truck traffic. - - - - - P P Compounding of materials, processing, assembling, packaging, treatment or fabrication of materials and products which require frequent truck activity or the transfer of heavy or bulky items. Wholesaling, storage, and warehousing within enclosed building, freight handling, shipping, truck services and terminals, storage and wholesaling from the premises of unrefined, raw or semirefined products requiring further processing or manufacturing, and outside storage. - - - - - - P Uses under 20,000 sq. ft. with no outside storage - - - - - P P Commercial marijuana activity - - - - - - - Marijuana cultivation7 - - - - - - - Massage P P P P P P - Medical equipment sales/rental P P P P P - - Medical marijuana dispensary - - - - - - - Membership clubs, organizations, lodges16 C C C C C C C Mini-storage or mini-warehouse facilities1 - C - P - C P -14- Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI Mobilehome sales and service - - - P - - P Motion picture studio - - - P - P P Motorcycle sales and service1 - - - P - - C Movie theaters16 - C C - - - - Musical and recording studio - C C C - P P N Noncommercial cattery - - - - - - - Noncommercial kennel - - - - - - - Nurseries (retail) - C C P - - P Nursing homes/convalescent homes C C C C C - - O Office equipment/supplies, sales/services C P P P C P P Offices, administrative, corporate headquarters and professional services including, but not limited to, business law, medical, dental, veterinarian, chiropractic, architectural, engineering, real estate, finance and insurance P P P P P P5, 6 P5, 6 P Paint and wallpaper stores - P P P - - - Parcel delivery services P P P P P P P Parking lots and parking structures - C C C C P P Pawnshop - P P P - - - Personal service shops P P P P P P - -15- Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI Pest control services - C - C - P P Pet grooming/pet shop P P P P - P P Photographic studio P P P P P P - Plumbing supply yard (enclosed or unenclosed) - - - C - - P Postal distribution - - - - - - P Postal services P P P P P P P Poultry9 P P10 P P P10 P P Printing and publishing (newspapers, periodicals, books, etc.) - C - P C P P Private heliport1 - - - - C C C Private heliport for hospital1 - C C C C C C Private utility facilities (regulated by the Public Utilities Commission) P P P P P P P Q (Reserved) R Radio and broadcasting studios, offices - P P P P P P Radio/television transmitter - - - - - P P Recreational vehicle parks - - C - - - - Recreational vehicle sales and rentals - - C C - - C Recreational vehicle, trailer, and boat storage within an enclosed building - - - C - P P Recreational vehicle, trailer and boat storage-exterior yard - - - C - - P -16- Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI Recycling collection facilities - P - - - C P Recycling processing facilities - - - - - C P Religious institution, without a day care or educational institution P P P C P C C Religious institution, with an educational institution C C C C C C - Religious institution, with a day care center C C C C C C - Residential (one dwelling unit on the same parcel as a commercial or industrial use for use of the proprietor of the business) C C C C C C C Residential, multiple-family housing - C12 - - P8,12 - - Restaurant, drive-in/fast food16 - C C C - - - Restaurant (bona fide public eating establishment) without alcohol16 P P P P P P P Restaurant (bona fide public eating establishment) with beer & wine sales116 P1 P1 P1 P1 P1 P1 P1 Restaurant (bona fide public eating establishment) with beer, wine & distilled spirits116 C1 C1 C1 C1 C1 C1 C1 Restaurant (bona fide public eating establishment) with entertainment (not including dancing)111,16 - P1,11 P1,11 P1,11 - P1,11 P1,11 Restaurant (bona fide public eating establishment) with entertainment and/or dancing111,16 - P1,11 P1,11 P1,11 - - - Retail support use to a noncommercial business (limited to the sale of products manufactured or assembled on site and occupying less than 15% of the floor area of the business) 16 - - - - - P P Rooming and boarding houses - C - C - - - S -17- Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI Scale, public - P P P P P C Schools, trade or vocational - P P P P P C Scientific research and development offices and laboratories - - - - C P P Senior citizen housing (see also congregate care)1, 4 P P P P P - - Solid waste disposal facility - - - - - - C Specialty market116 C P P P C - - Sports and recreational facility C C C C C C C Supportive housing14 P P P P P - - Swap meet, entirely inside a permanent building1 - - - C - C C Swap meet, outdoor - - - - - - - Swimming pool supplies/equipment sales - P - P - - P T Tailor shop P P - - P - - Taxi or limousine service - P P P - - C Tile sales - P - P - - - Tobacco shop13 - P13 P13 P13 - - - Tool and die casting - - - - - - P Transfer, moving and storage - - - - - C P Transitional housing15 P P P P P - - Transportation terminals and stations - - C - - C P Truck sales/rentals/service1 - - - C - - C -18- Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI TV/VCR repair P P P P - - - U Upholstery shop - - - C - P P V Vending machine sales and service - - - P - - P W Warehousing/distribution - - - - - C P Watch repair P P P - - P - Wedding chapels - P P - - - - Welding shop - - - - - - P Welding supply and service (enclosed) - - - P - - P Wine tasting shop, with or without product sale for off- site consumption (Department of Alcoholic Beverage Control Type 02 only)16 C P P P - - - Wine tasting shop, with or without product sale for off- site consumption (Department of Alcoholic Beverage Control License Types other than Type 02) 16 C C C C - - - Y (Reserved) Z (Reserved) Notes: 1. Subject to the supplemental development standards contained in Chapter 17.10 of this code. 2. Subject to the provisions of Chapter 17.40 of the Temecula Municipal Code. 3. See Chapter 5.22 of the Temecula Municipal Code. -19- Notes: 4. Senior housing residential projects in the CC, SC, HT and PO zones shall use the residential performance and development standards for the high density residential zone. Senior housing residential projects in the NC zone shall use the residential performance and development standards for the medium density residential zone and the applicable supplemental development standards in Chapter 17.10. Congregate care facilities shall use the residential performance standards. 5. New office buildings in the BP and LI zones are subject to performance standards contained in Section 17.08.070(E). 6. Supplemental Design Review. Office buildings that are less than 50,000 square feet may be approved, conditionally approved, or denied by the city council. 7. Marijuana cultivation (as defined in Chapter 8.52) for medical, nonmedical or other purposes, are prohibited uses everywhere in the city including all zoning districts, specific plan areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060 of the Temecula Municipal Code. 8. Residential, multiple-family housing shall be allowed in the PO zone only if the affordable housing overlay (AHO) applies to the property and the proposed development complies with all requirements of Chapter 17.21. 9. Subject to the supplemental development standards contained in Chapter 6.04 of this code. 10. These uses are prohibited within any multifamily residential use within these zones. 11. Subject to Chapter 9.10 (Entertainment License) and Chapter 9.11 (Regulation of Private Security Operators). 12. Any housing development project that, pursuant to state law, requires ministerial approval or where the housing development project is subject to discretionary review, but a specific plan or a planned development overlay zoning district (PDO) does not otherwise set forth objective design standards applicable to the project shall comply with the Temecula Objective Design Standards for Multifamily and Mixed-Use Developments. 13. Subject to the requirements contained in Section 5.24.120 of this code. 13. A low barrier navigation center is permitted by right if the project meets the criteria set forth in Government Code Section 65662. 14. Supportive housing shall comply with Section 17.06.110. 15. 16. Transitional housing shall be subject only to those restrictions that apply to other residential dwellings of the same type. To determine whether the type of transitional housing proposed is a permitted or conditionally permitted use, see the different residential types in the chart above. Subject to the requirements of Chapter 17.09 (Alcohol). -20- Notes: 17. Only permitted in the “Downtown Core” District of the Old Town Specific Plan. Section 8. A new Chapter 17.09 (Alcohol) is hereby added to Title 17 (Zoning) to read as follows: “Chapter 17.09 Alcohol 17.09.010 Purpose. The purpose of this chapter is to establish the standards, conditions and requirements for establishments that serve, sell or otherwise provide alcoholic beverages. It is the intent of this chapter to provide predicable and consistent standards and operational requirements for such establishments to ensure compliance and preserve the high quality of life enjoyed by Temecula residents and businesses. 17.09.020 Applicability The requirements of this chapter shall be applicable to all establishments that serve, sell, or otherwise provide alcohol. This chapter is applicable to all establishments that serve alcohol, regardless of the type of ABC License held by the establishment and include establishments subject to a Specific Plan, or Planned Development Overlay Zoning Districts. The only exception to these requirements would be any establishment that has previously obtained and maintains in good order a Conditional Use Permit (CUP) that contains any alcohol related conditions that conflict with this Chapter. This exception shall be narrow in scope and when a CUP does not address or minimally addresses a topic covered by this Chapter, this Chapter shall prevail. 17.09.030 Definitions. The definitions below shall have the following meanings, unless there is conflict with a superseding Federal or State law, in which case the superseding definition shall be used. A. “ABC” is used as an acronym for the “California Department of Alcoholic Beverage Control,” and shall be considered one and the same when used throughout this code and may be used interchangeably. B. “Alcoholic beverage,” as defined in Section 23004 of the Business and Professions Code, includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of 1 percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. “Alcoholic beverage” does not include “powdered alcohol,” as defined in Section 23003.1 of the Business and Professions Code. -21- C. “Alcohol manager,” as defined in California Business and Professions Code Section 25680 and Department of Alcoholic Beverage Control policy, means anyone who trains, directly hires, or oversees alcohol servers at an ABC licensed premises, or who trains alcohol servers how to perform the service of alcohol for consumption for an ABC on-premises licensee. This definition specifically excludes an employee or contractor of another separate ABC licensee who is training alcohol servers for marketing or distribution purposes. D. “Alcohol server,” as defined in California Business and Professions Code Section 25680 and Department of Alcoholic Beverage Control policy, means anyone who does any of the following: 1. Checks customer identification for purposes of alcoholic beverage service; 2. Checks customer identification for purposes of entry to an ABC on-premises licensed establishment; 3. Takes customer alcoholic beverage orders; 4. Pours alcoholic beverages for customers; or 5. Delivers alcoholic beverages to customers. E. “Alcohol serving” means one alcohol serving containing 0.60 ounces of pure alcohol (ethanol). For example: 1.50 ounces of 80-proof distilled spirits (40% ABV - alcohol by volume) 1.50 times 0.40 = .60 ounces of pure alcohol 12 ounces of a standard beer (5% ABV - alcohol by volume) 12 times 0.05 = 0.60 ounces of pure alcohol 5 ounces of most wines (12% ABV - alcohol by volume) 5 times 0.12 = 0.60 ounces of pure alcohol F. “Banned customer log” means a written record of customers not permitted to enter the business due to the customer’s bad behavior (for example, repeated incidents of being obviously intoxicated, assault and/or battery on staff or customers, and theft). The record shall include the incident date, a brief description of the reason for being banned, a description of the customer, length of ban (e.g., 30 days, 60 days, permanent), and the customer’s name, if known. G. “Cocktail recipe list” means a documented compilation of cocktail recipes that includes the quantity of each ingredient and the number of alcohol servings, as defined above, in each cocktail, which determines each cocktail’s potency. It includes, at a minimum, the recipes for the following: 1. Popular cocktails; 2. All house specialty cocktails; and 3. Cocktails identified on menu(s). H. “Cut-off log” means a record of customers who were cut-off from further alcohol service, and patrons not permitted in the business due to existing intoxication level. The record shall include the date of incident, a brief description for cut-off, a description of the customer, and the customer’s name, if known. I. “Drink potency” means the total number of alcohol servings in a drink. This is calculated by summing the total number of ounces of pure alcohol in a drink, dividing by 0.60, and rounding the answer to the closest 10th. For example, an Adios recipe: -22- 0.50 ounces of tequila that is 40% ABV (0.5 times 0.4 = 0.20) 0.20 pure alcohol 0.50 ounces of vodka that is 40% ABV (0.5 times 0.4 = 0.20) 0.20 pure alcohol 0.50 ounces of gin that is 40% ABV (0.5 times 0.4 = 0.20) = 0.20 pure alcohol 0.50 ounces of rum that is 40% ABV (0.5 times 0.4 = 0.20) = 0.20 pure alcohol 0.50 ounces of triple sec that is 15% ABV (0.5 times .15 = .075) = 0.075 pure alcohol The sum of pure alcohol = 0.875 Drink Potency: 1.5 alcohol servings (0.875 divided by 0.60 = 1.46, rounded to closest 10th = 1.5) J. “Entertainment” means any single event, a series of events, or an ongoing activity or business, occurring alone or as part of another business, to which the public is invited (by advertisement or word of mouth) or allowed to watch, listen, or participate in, or is conducted for the purposes of holding the attention of, gaining the attention of, or diverting or amusing patrons, including, but not limited to: 1. Dancing by patron(s) or staff to live or recorded music. 2. The presentation of music played on sound equipment operated by an agent or contractor of the establishment. This may or may not include a “disc jockey” or “DJ.” 3. The presentation of live music whether amplified or non-amplified. 4. The presentation of music videos, music concerts or other similar forms of musical entertainment from any source. 5. Any amusement or event such as live music or other live performance which is knowingly permitted by any entertainment establishment, including presentations by single or multiple performers, such as hypnotists, pantomimes, magicians, comedians, karaoke, song or dance acts, plays, concerts, any type of contest, events with live animals/reptiles, sporting events, exhibitions, carnival or circus acts, demonstrations of talent or items for gift or sale; shows, reviews, and any other such activity which may be attended by members of the public. K. “Headcount log” is a mechanically kept headcount tally using, for example, a hand-held clicker or headcounter app. The headcount tally is maintained during busy hours of operation, e.g., 9:00 p.m. until closing. The headcount tally includes the working staff and is noted on a written log. L. “Inebriation” means the excessive consumption of alcoholic beverages resulting in a person becoming intoxicated. -23- M. “Inebriated person” means a person who has consumed an excessive amount of alcoholic beverages resulting in the person becoming intoxicated. N. “Licensee” means the person who is licensed by the Department of Alcoholic Beverage Control (ABC) to sell alcoholic beverages. O. “Manager” means a person, regardless of the job title or description, who has discretionary powers to organize, direct, carry on, or control the operations of an entertainment establishment, including a restaurant or bar. Authority to engage in one or more of the following functions is prima facie evidence that a person is a manager of the entertainment establishment: 1. Hire or terminate employees; 2. Contract for the purchase of furniture, equipment, or supplies, except for the occasional replenishment of stock; 3. Disburse funds of the business, except for the receipt of regularly replaced items of stock; 4. Make or participate in making policy decisions regarding operations of the establishment; 5. Holds keys to open and/or close the establishment. P. “Manager on duty” means the staff member who is responsible for the business during the shift. The responsible person must meet the criteria of “manager” as defined in this chapter. In addition, the person must be: 1. An employee; 2. Certified in accordance with the responsible beverage service (RBS) training requirements in California Business and Professions Code Section 25683; and 3. Aware of all requirements in the Conditional Use Permit (CUP), Business License, ABC License, and all other permits or licenses required for the establishment to operate. Q. “Meals,” as defined in California Business and Professions Code Section 23038 and clarified by an ABC Advisory, means the usual assortment of foods commonly ordered at various hours of the day; what a reasonable person might consider being a meal consumed at breakfast, lunch, or dinner; food served in a reasonable and sufficient quantity that it would constitute a main course, including sandwiches and salads that are substantial. A meal is not pre-packaged sandwiches and salads, snacks such as pretzels, nuts, popcorn, pickles, chips, food ordinarily served as appetizers or first courses, side dishes, reheated or refrigerated or frozen entrees, or desserts. R. “Morphing” means a change in the business operations of a permitted restaurant to a nightclub, without appropriate permits. Morphing often involves a business adding non-permitted entertainment or dancing or extending hours of operation beyond the hours approved by the city. S. “Noise” means any loud, discordant, raucous or disagreeable sound. -24- T. “Noise level” means the “A” weighted sound pressure level in decibels obtained using a sound meter. The unit of measurement shall be designated in dBA. U. “On-Sale” and “On Site Sale of Alcoholic Beverages” shall mean any establishment that serves any alcoholic beverage for consumption on the premises, these terms may be used interchangeably throughout this chapter. V. “Type 90 ABC License” shall have the same definition as contained in Business and Professions Code section 23550 as may be amended from time to time. W. “Speakeasy” shall mean a private establishment that provides meal service with alcoholic beverage sales for onsite consumption on a reservation basis only and is not considered a private or VIP room. 17.09.040 Permit(s) Required. A. California Department of Alcoholic Beverage Control 1. All businesses or establishments offering the sale of alcoholic beverages shall obtain and thereafter maintain the appropriate license from the state of California Department of Alcoholic Beverage Control. All businesses or establishments shall provide the ABC license, conditions of the license, and the ABC approved site plan upon request of law enforcement or the city or, upon the request of the applicant after pre-compliance review. 2. There is no exception to this requirement and businesses that operate in violation of this provision shall be subject to administrative and/or punitive action provided for in this Code. B. Alcohol Sales Permitted by Right 1. Grocery stores, drug stores, specialty markets, and discount/department stores (“primary uses”) may offer the incidental sale of alcoholic beverages as a permitted use, unless the initial establishment, or amendment thereof, of the primary use requires a city of Temecula conditional use permit pursuant to another provision of this Title. 2. Restaurants are permitted to serve beer and wine (Typically a Type 41 ABC license) as a matter of right. a. Restaurants shall comply with the following: i. Restaurants that are open to the public for business and engaged in the ancillary sale of alcoholic beverages shall provide restaurant services to the public during all hours that the establishment is open. Restaurant service shall include, but not be limited to, an offering and the ability to order a varied menu of foods of not less than five main courses with appropriate nonalcoholic beverages, desserts, salads, and other attendant dishes. ii. Restaurants that wish to offer or provide any form of entertainment must obtain an entertainment license in accordance with Chapter 9.10. C. Land Use Requirements. -25- 1. A Conditional Use Permit (CUP) shall be required for all other ABC License Types except of a Type 41 and Type 90 ABC license. 2. See Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts for zoning information. 3. See Table 17.080.040A and/or 17.08.040B for Development Standards applicable to each zoning district. 4. Areas subject to Specific Plans or similar zoning documents shall comply with those land use requirements. The operational requirements and conditions of this Chapter are in addition to any such requirements of another zoning document. D. Hours. 1. Alcohol sales shall cease each day at 11:59:59 p.m., except for class IV entertainment establishments where alcohol sales must cease at 10:59:59 p.m. a. Establishments that have a valid conditional use permit which allows alcoholic beverage sales beyond this time are exempt from this requirement. Expansion of such uses or similar is prohibited. b. No conditional use permit shall be issued with alcohol sales beyond this time. c. Conditional use permits that allow sales past 11:59:59 p.m. shall be required to amend their operational hours to the requirements of this section if they seek to modify their conditional use permit. 17.09.050 Training Required A. All persons who serve alcohol within the City of Temecula shall comply with the following: 1. Responsible Beverage Service Training. Every alcohol manager and every alcohol server shall obtain and maintain a current responsible beverage service training course certification as required by Business and Professions Code Section 25683. 2. Verification of Responsible Beverage Service (RBS) Training. In accordance with Business and Professions Code Section 25682(b)(1), the applicant shall ensure that each alcohol server and alcohol manager it employs has a valid training certification. The licensee shall maintain records of certifications for inspection, upon request, by the Department of Alcoholic Beverage Control. 3. Bartender Training and Cocktail Recipe List. a. Bartenders shall be trained to properly build cocktails. At a minimum, bartenders shall be trained to build the cocktails on the Cocktail Recipe List. b. The establishment shall retain a copy of all cocktail recipes on the premises at all times and shall produce them immediately upon the request of any law enforcement or code enforcement officer. c. The establishment shall retain a record of each bartender’s Cocktail Recipe List training for a minimum of three years and said list shall be made available for review by any law enforcement or code enforcement officer upon request. Testing shall determine competency in bartender’s ability to identify ingredients, price, and number of alcohol servings. -26- d. Opening staff are required to be trained before final approval to open. New staff hired thereafter must be trained within 30 days of employment date (defined as when the employee signs a contract or completes tax identification documents). 4. Any additional training requirements of the California Department of Alcoholic Beverage Control (ABC). 17.09.060 Alcoholic Beverage Sales Operational Standards. A. Standards and Operational Requirements Generally 1. All establishments that sell alcohol, regardless of ABC Permit Type, shall comply with the following requirements and operational standards: a. Statement of Operations. The establishment shall comply with their Statement of Operations, on file with the Planning Division, unless a conflict exists between the Statement of Operations. b. Previous Conditions of Approval. If an establishment has a valid Conditional Use Permit, all previous Conditions of Approval shall remain in full effect. c. Disorderly House. Establishments 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 include the parking lot. d. Entertainment. Entertainment is prohibited unless the establishment is issued and maintains an Entertainment License per Chapter 9.10 (Entertainment License) of this Code. The Entertainment License shall remain active, and the establishment shall maintain full compliance with its Entertainment License conditions, and any other conditions required by any government agency whose permits or licenses are required for operation. e. Occupancy Load. The establishment shall not allow the number of occupants inside the premises building to exceed the establishment’s maximum occupant load as determined by the Certificate of Occupancy. f. Inspections, Cooperation with Law Enforcement. Police officers, sheriff's deputies and Alcoholic Beverage Control agents are sworn law enforcement officers with the power of arrest. Whether in plain clothes or uniformed, these officers have a legal right under Business and Professions Code Section 25755 to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, storerooms, offices, closed or locked cabinets and safes, kitchen, or any area within the licensed premises. Licensees shall not deny entry to, resist, delay, or obstruct or assault any law enforcement officer. g. ID Guide Manual. To aid in examining identification cards, the establishment shall obtain and use an up-to- date multi-state identification manual. h. Staff Alcohol Consumption. No staff member shall work while under influence of alcohol or drugs in violation of Penal Code Section 647(f) or while obviously intoxicated. -27- i. Right to Cancel Event. The Temecula Police Department shall have the right to stop, cancel, or temporarily delay all or portions of any activities occurring at any event when police or public safety becomes a significant concern. This shall include all events even those that obtained a Temporary Use Permit (TUP) per Section 17.04.020 of this Code. j. Responsibility for Costs Incurred. The establishment shall be responsible for any cost incurred by the Temecula Police Department if additional officers are required because of traffic problems or congestions, public disturbance or where the need for police presence is required. k. Maintenance of Real Property. The establishment shall permanently maintain the premises’ real property in an orderly fashion by the provision of regular maintenance, the removal of trash, litter, and debris from the premises and on all abutting sidewalks within 20 feet of the premises. l. Graffiti. Graffiti on telecommunication towers, equipment, walls, or other structures shall be removed within 72 hours from the time of its occurrence. m. Signage Permits. A separate building permit shall be required for all signage. Signs shall comply with Chapter 17.28 (Sign Standards) of this code for the appropriate zoning district. n. Advertising. The establishment shall have no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within or promoting or indicating the availability of alcoholic beverages. Interior displays of beer and wine beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. o. Inspections. ABC agents and Riverside Sherriff’s Office (RSO) shall be granted access to inspect the premises to include all office, storage, and any other areas not open to patrons. p. Ancillary use. For establishments with on-sale alcohol beverage sales that are not bona fide eating establishments, the “bar area” may ONLY be an ancillary use subject to the approval of a conditional use permit. B. Standards for establishments that offer the sale alcohol for on-site consumption, regardless of ABC license type. 1. Police, Security, Management Staff Meeting. Before opening, it is the responsibility of the establishment to contact the Police to arrange and hold a 90-minute meeting attended by all floor management levels, including bar, server, and security department leads. 2. Food and Beverage Sales Documentation. The city shall have the right during business hours upon 15 days’ notice to inspect the books and records of the establishment to determine the gross sales of food and or the gross sales of alcoholic beverages. Establishment gives the right to the city to review the records of the State Board of equalization for the purpose of verifying the establishment’s books and records with the understanding that these reviews are confidential. 3. Postings Required. The following physical postings must be located in a conspicuous place, as follows: -28- a. Manager on Duty Posting. During business hours, the establishment shall post the name of the staff member who is responsible for the business during that shift. The posting must be legible and visible to the public when entering the business. The responsible person must be: i. An employee. ii. Certified in accordance with the responsible beverage service training requirements in California Business and Professions Code Section 25683. iii. Aware of all requirements in the conditional use permit, certificate of occupancy entertainment license (as applicable), and ABC license. b. ABC License. The establishment shall display an approved ABC license, the associated conditions, and the approved site plan and provide a copy immediately upon request to city staff or law enforcement. c. Occupancy Posting. The establishment’s maximum occupant load number shall be posted over the main exit. Additionally, occupancy signs shall be posted in spaces and rooms that have been deemed to have a maximum occupancy load. d. Conditions of Approval Posting. The establishment shall post any approved City of Temecula Conditions of Approval in a place readily visible and available for reading by the business’ staff members. e. Overservice Posting at Main Entrance and Main Bar. The establishment of each licensed business shall maintain a clearly legible permanent sign, not less than 7” x 11” in size reading, “It is illegal to sell or serve alcohol to a person who is obviously intoxicated” at the main entrance and main bar, where it can be readily visible to employees and customers. The lettering of such sign shall be no less than one inch in height. f. Overservice Posting on Menu. The establishment of each on-sale licensed business that has one or more menus available for the public shall include and maintain a clearly legible statement on at least one of the menus reading, “It is illegal to sell or serve alcohol to a person who is obviously intoxicated.” g. h. Exterior Sign Posting. When residential areas exist adjacent to the licensed premises, the establishment shall, at all times, display a sign of at least ten inches by ten inches at all exits and within all parking areas, worded as follows: “Please respect our neighbors by exiting quietly and not loitering.” i. Local Transportation Providers Posting. 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. 4. Outside Lighting. The establishment shall provide lighting, as certified by a qualified lighting engineer, at a minimum level of one-foot candle of lighting throughout private parking lots and access areas serving the business. The establishment shall provide sufficient lighting during the hours of darkness to ensure customers have a clear, lighted path from the establishment to their vehicles. Said lighting shall be directed, positioned, -29- and shielded in such a manner as not to unreasonably illuminate the windows of nearby residences. All lighting affixed to the exterior of buildings less than 8 feet high shall be vandal resistant. 5. Queuing Line. Queuing lines shall be managed in an orderly manner and all disruptive and/or intoxicated customers shall be denied entry. The establishment shall be responsible for monitoring the queuing lines at all times. The outdoor queuing line shall not block public walkways or obstruct the entry or exit of adjacent businesses. 6. Private Club Rooms or Areas. No on-sale establishment shall maintain a room or designated area reserved for the exclusive use of designated persons or “private club members,” unless the establishment has been issued a Duplicate On-Sale General License for Designated Persons under Business and Professions Code Section 24042(b). “Designated persons” means an organization or group with a membership, purpose, and principal address that must be revealed to Department of Alcoholic Beverage Control (ABC) at the time of application for the duplicate license. The Business and Professions Code only permits the sale of alcoholic beverages to “private club members” at premises licensed with a Club (Type 51), Veterans Club (Type 52), or Special On -Sale General (Type 57) ABC license. 7. Availability of Alcohol Service. ABC-licensed businesses open past 10:00 p.m. (Pacific Standard Time) shall adhere to the following: a. An hour before closing: i. Limit the sale of alcohol products to items containing one alcohol serving (.60 ounces of pure ethanol) or less; and ii. Limit the patron to one alcoholic drink per order. b. Thirty (30 minutes) before closing, new alcohol service shall cease. i. Last call shall be made early enough to ensure service ceases prior to closing. 8. Discount Alcohol Pricing. No “happy hour” type of reduced pricing for alcoholic beverage shall be allowed after 8:00 p.m. 9. Logs. a. Cut-Off Log. The establishment shall maintain a log of cut-off customers, as defined above. The establishment shall use the cut-off log during all hours of operation. The establishment shall provide the cut-off log to law enforcement and/or code enforcement, immediately upon request. b. Banned Customer Log. The establishment shall maintain a log of any banned customer, as defined above. The establishment shall provide the banned customer log to law enforcement and/or code enforcement, immediately upon request. 10. Businesses selling alcoholic beverages that require a conditional use permit shall not be located within six hundred (600) feet of any religious or educational institution, day care center or public park. This distance shall be measured between the main entrance of the alcohol selling business and the closest public entrance to the religious or educational institution, day care center or public park. This requirement shall not apply when the alcohol-selling business and the religious or educational institution are both located within commercial or industrial zones. This separation requirement shall also not apply to restaurants (bona fide eating establishments). -30- C. Specific Alcohol Regulations based on Land Use The land uses below may have specific impacts related to alcohol based on their proposed land uses, all items below shall be applicable to all land uses of the same or similar land use as determined by the Director of Community Development. 1. Establishments that provide entertainment subject to a class IV entertainment license per Chapter 9.10 (Entertainment License) shall be subject to the following conditions of approval upon issuance of such a license. a. Entertainment License. Each establishment shall be required to comply with the live entertainment license provisions contained within Chapter 9.10 (Entertainment License) in this Code. i. This is an annual permit required for the operation of any establishment that provides entertainment, per Chapter 9.10 (Entertainment License). ii. Violations of these provisions may result in the revocation of the Entertainment License per Section 9.10.160 (Revocation/Suspension for Violation). b. Noise. All entertainment provided shall be complaint with Chapter 9.20 (Noise). c. Security. All private security shall be compliant with Chapter 9.11 (Regulation of Security Operators), in addition to the requirements of this Chapter. d. Security. i. Security Surveillance System. The establishment shall: (a) Install and maintain a closed-circuit television (CCTV) system consisting of high- definition video technology, capable of saving recorded video for at least 30 days and saving a copy to a disc or flash drive. (b) Post a notice that video recording is in progress. (c) Document the needed steps to retrieve recorded information. (d) Ensure on site personnel have a working knowledge on how to retrieve video and save it to a disc or flash drive. (e) Permit review of the recording by law enforcement immediately upon request. (f) Save an unedited or modified copy of any requested video and provide it immediately to law enforcement upon request. (g) Require all staff-customer disagreements, as feasible, to occur in a well -lit location being videotaped. ii. Security Personnel. (a) All security guards shall operate in accordance with Chapter 9.11 (Regulation of Private Security Operators). (b) Security Personnel Outside. As applicable, security personnel working outside shall wear a uniform in accordance with Temecula Municipal Code Section 9.11.090 and shall engage customers as needed to deter loitering, unlawful conduct of employees and patrons, to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to surrounding uses and the neighborhood by excessive noise created by patrons entering or leaving the premises. -31- iii. Private Security. If private security is utilized, the establishment shall ensure the security company is licensed, bonded, and insured. Security personnel must be unarmed. iv. These items are in addition to all conditions of approval and all other requirements of this code or any other applicable state or federal law. 2. Restaurant (Bona Fide Eating Establishment). Establishments selling beer and wine (ABC license Type 41), or beer, wine, and spirits (ABC license Type 47 or 48) must operate and maintain their licensed premises as a bona fide eating establishment and are subject to the following requirements: a. The on-site sales and consumption of alcohol are an incidental and ancillary use to the restaurant use. b. Establishment is presumed to be operating as a bona fide eating establishment 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. Establishment 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. c. A full menu shall be available for order during all hours that alcohol is served. The premises must offer sit-down service of meals. d. The premises where the establishment operates must possess a full restaurant kitchen facility containing conveniences for cooking such as a working refrigerator and cooking devices. e. The premises must comply with all regulations of the health department and Business and Professions Code Sections 23038 and 23787. f. Restaurants shall operate with the following conditions: i. Morphing. No establishment shall allow their establishment to engage in the practice of morphing as defined by this Chapter. ii. Availability of Meal Service. Meals shall be available up to a minimum of thirty (30) minutes before closing. ABC-licensed businesses Type 41, 47, and 49 shall operate as a bona fide eating place in compliance with California Business and Professions Code Sections 23038 and 23787. 3. Legal Nonconforming Liquor Stores. a. Existing liquor stores are, upon the effective date of the ordinance codified in this chapter, deemed legal nonconforming uses. 4. Convenience Markets and Beer/Wine Markets. a. Only beer and wine may be sold, and only for off-site consumption. This is the equivalent to an ABC Type 20 license type. Distilled spirits and pre-mixed spirit cocktails are prohibited from being sold, gifted or consumed on-site. b. No displays of beer or wine shall be located within ten linear feet from any building entrance or check-out counter. This prohibition shall not apply if the display is not physically accessible to customers. -32- c. A security plan, including, but not limited to: product location, cameras and similar monitoring system, aisle configuration, point of sales location(s), exterior and parking lighting, measures to prevent and discourage loitering and other reasonable factors shall be submitted to the chief of police and be approved or conditionally approved prior to public display or sales of beer or wine. d. The failure to comply with any of these conditions may result in the revocation of the conditional use permit pursuant to Section 17.04.010 of this title. 5. Gas Stations – Concurrent Sale of Motor Vehicle Fuel(s) and Alcoholic Beverages a. To comply with the provisions of the Business and Professions Code (Section 23790 et seq.), applications for automotive service stations proposing the concurrent sale of beer and wine from the same structure shall be required to comply with the same procedure for noticing and conducting the public hearing that is utilized for all other conditional use permits pursuant to the provisions of Section 17.04.010 of the Temecula Municipal Code. The decision and findings must be based on substantial evidence in view of the whole record to justify the ultimate decision and shall be based on written findings. The denial of an application for a CUP is subject to appeal to the city council in accordance with the provisions of Section 17.03.090 of the Temecula Municipal Code. b. In addition to any other operational standards deemed necessary and appropriate, the following supplemental standards shall be applied to the concurrent sale of beer and wine products at a facility that also offers motor vehicle fuel: i. No beer or wine shall be displayed within five feet of the cash register or building entrance. ii. No sale of alcoholic beverages shall be made from a drive-up window. iii. No display or sale of beer or wine shall be made from an ice tub or similar device or unit. iv. No beer or wine advertising shall be located on motor fuel islands. v. No beer or wine advertising shall be located on the building, windows, doors, or on freestanding signage. vi. No self-illuminated advertising for beer or wine shall be located on buildings or freestanding signage. vii. Only employees on duty between the hours of ten p.m. and two a.m. who are at least twenty-one years of age may sell alcoholic beverages. viii. Distilled spirits and pre-mixed spirit cocktails are prohibited. 6. Alcoholic Beverage Manufacturing a. Businesses manufacturing alcoholic beverages, which have a tasting room, but do not have a bona fide eating establishment (as defined by the California Department of Alcoholic Beverage Control) in conjunction with the manufacturing business, shall have the appropriate license from the California Department of Alcoholic Beverage Control and shall be operated according to all applicable state and local health and safety requirements and regulations. -33- b. All businesses manufacturing alcoholic beverages shall comply with all land use regulations and site development standards of the zoning district in which they are located. c. All businesses manufacturing alcoholic beverages shall obtain a business license with the city as set forth in Title 5 of the Temecula Municipal Code. d. Prior to an employee selling or serving alcohol, the alcohol licensee or employer shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.A.D) training from the California Department of Alcoholic Beverage Control or similar training if available from the Temecula police department. e. An eight and one-half-inch by eleven-inch (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. f. The dispensing of alcohol may occur between the hours of 10:00 a.m. and 10:00 p.m., unless otherwise specified as part of a temporary use permit. g. On-site alcohol sales shall be limited to product manufactured on-site. h. There shall be no admission fee, cover charge, nor minimum purchase required. i. The retail area, including the tasting room, shall not exceed fifteen percent of the total floor area of the business. The retail area shall not include the area where typical alcoholic beverage manufacturing functions occur. j. In addition to the retail area (tasting room), an outdoor patio area may be allowed, but may not exceed fifty percent of the total allowable retail area. k. The outdoor patio area must be secured, consistent with California Department of Alcoholic Beverage Control requirements. l. Signs shall be posted inside the building near the exit door of the tasting room and exit door of the outdoor seating area stating: "No alcohol allowed past this point." m. All alcoholic beverage manufacturing equipment and storage activities shall be located within a completely enclosed building within the service commercial (SC) zoning district. n. An alcoholic beverage manufacturing facility shall meet the off-street parking requirements as set forth in Chapter 17.24 of the Temecula Municipal Code. For the purposes of calculating parking, the brewing areas shall be considered manufacturing, the cold and warm storage areas shall be considered warehousing, office space shall be considered office, and the tasting room and outdoor patio shall be considered retail. o. The display of alcoholic beverages shall not be located outside of a building or within five feet of any public entrance to the building. p. There shall be no live entertainment, DJs, or amplified sound on the alcoholic beverage manufacturer's licensed premises at any time without issuance of a conditional use permit or temporary use permit. q. The number of persons shall not exceed the maximum occupancy load as determined by the Certificate of Occupancy Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. r. The real property upon which an alcoholic beverage manufacturing use is operated shall be permanently maintained in an orderly fashion by the provision of regular -34- landscape maintenance, removal of trash and debris, and removal of graffiti within forty-eight hours from the time of occurrence. s. Parking lots, driveways, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings that contain an alcoholic beverage manufacturing use shall be illuminated and make clearly visible the presence of any person on or about the alcoholic beverage manufacturer’s licensed premises during the hours of darkness as set forth in Sections 17.08.070 and 17.24.050 of the Temecula Municipal Code. t. A security plan in a form satisfactory to the Temecula police department shall be submitted to and approved by the Temecula police department. The security plan shall be formulated to deter loitering, unlawful conduct of employees and patrons, to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to surrounding uses and the neighborhood by excessive noise created by patrons entering or leaving the alcoholic beverage manufacturer's licensed premises. 7. Finding of Public Convenience or Necessity. a. Whether or not the proposed use is consistent with the general plan and development code; b. Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses; c. Whether or not the proposed use would have an adverse effect on adjacent land uses; d. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity. 8. Class IV entertainment establishments (ABC Type 90). It is the intent and purpose of this section to allow a limited number of entertainment establishments within a limited area of the City though an annual administrative entertainment and business license. a. Number of Entertainment Establishments. i. The maximum number of entertainment establishments is one. This establishment shall be permitted by right within the Downtown Core District of the Old Town Specific Plan, as shown in Exhibit IV-1: Old Town Regulating Plan, provided the requirements of Section 9.10.125 and this Section are met. No such establishments may operate elsewhere in the City. b. A City of Temecula business license is required in accordance with Title 5 (Business Licenses and Regulations) i. This is an annual, non-transferable license required for the operation of an entertainment establishment, per Section 5.04.170 of this Code. c. A City of Temecula Live Entertainment License (Class IV) is required in accordance with Chapter 9.10 (Entertainment License). This license shall be applied for in conjunction with a business license specified above. d. Operational Requirements. i. Compliance with the requirements of Chapter 9.10 (Entertainment License) is mandatory. ii. Compliance with the standards specified in Chapter 17.09 (Alcohol) are mandatory. -35- iii. Noise levels shall not exceed the standards set forth in the noise element of the General Plan or the standards set forth in Section 9.20.040 of this code. iv. The Director of Community Development shall be notified in writing within ten (10) business days of a business sale or transfer of such any business subject to this section. v. The City may apply additional requirements or limitations depending on the location, surrounding uses and other considerations. e. Permit Issuance, Denial, and Revocation. Permit issuane, denial and revocation shall be as specified in Chapter 9.10 (Entertainment License) f. Appeal. i. Appeal procedures shall be as specified in Chapter 9.10 (Entertainment License). Section 9. Subsection B (Alcoholic Beverage Sales) of Section 17.10 (Supplemental Development Standards) of Chapter 17.10 (Supplemental Development Standards) of Title 17 (Zoning) is hereby deleted, with the remaining of Section 17.10.020 being consecutively renumbered. Section 10. Environmental Findings. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Title 14 of the California Code of Regulations, CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Code Amendments would have a significant impact on the environment. The Code Amendments impose regulations on existing uses and reorganize alcohol standards within the code. The Community Development Director is hereby directed to file a Notice of Exemption in accordance with CEQA and the State CEQA Guidelines. Section 11. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jur isdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 12. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. Section 13. Effective Date. This Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of July, 2024. -36- James Stewart, Mayor ATTEST: _________________________________ Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2024- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 25th day of June, 2024, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , 2024, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk PC RESOLUTION NO. 2024- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING SPECIFIC PLAN AMENDMENT NO. 11 TO THE OLD TOWN SPECIFIC PLAN TO 1) ADD CLASS IV ENTERTAINMENT ESTABLISHMENT AS A PERMITTED USE IN THE DOWNTOWN CORE DISTRICT 2) IMPLEMENT A ONE YEAR OUTDOOR LIVE ENTERTAINMENT PILOT PROGRAM 3) AND MAKE A FINDING OF EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061(b)(3)” Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. The Old Town Specific Plan (SP-5) was approved by the City Council on February 22, 1994 by the adoption of Ordinance No. 94-05. Amendment No. 1 to the Old Town Specific Plan (SP-5) was approved on January 23, 1996 by the adoption of Ordinance No. 96-01. Amendment No. 2 to the Old Town Specific Plan (SP-5) was approved on May 13, 1997 by the adoption of Ordinance No. 97-06. Amendment No. 3 to the Old Town Specific Plan (SP-5) was approved on July 13, 1999 by the adoption of Ordinance No. 99-12. Amendment No. 4 to the Old Town Specific Plan (SP-5) was approved on October 10, 2000 by the adoption of Ordinance No. 00-11. Amendment No. 5 to the Old Town Specific Plan (SP-5) was approved on August 24, 2004 by the adoption of Ordinance No. 04-08. Amendment No. 6 to the Old Town Specific Plan (SP-5) was approved on June 13, 2006 by the adoption of Ordinance No. 06-07. Amendment No. 7 to the Old Town Specific Plan (SP-5) was approved on May 25, 2010 by the adoption of Ordinance No. 10-09. Amendment No. 8 to the Old Town Specific Plan (SP-5) was approved on September 5, 2017 by the adoption of Resolution No. 17-56. Amendment No. 9 to the Old Town Specific Plan was approved on May 26, 2020 by the adoption of Resolution No. 2020-32. Amendment No. 10 to the Old Town Specific Plan was approved on November 29, 2022 by the adoption of Resolution No. 2022-90. The Old Town Specific Plan as originally approved and as amended by Amendments Nos. 1-10 shall be referred to in this Resolution as the “Specific Plan.” B. The City Council of the City of Temecula certified the Old Town Specific Plan Final Program Environmental Impact Report (“FPEIR”) on May 11, 2010. C. Staff initiated Long Range Project No. LR23-0429, a Specific Plan Amendment, in a manner in accord with the City of Temecula General Plan and Development Code . The purpose of the Specific Plan Amendment No. 11 to the Old Town Specific Plan (SP-5) is to allow for the establishment of a class IV entertainment establishment in the Downtown Core area of the Old Town Specific Plan and adopt a one-year outdoor entertainment pilot program (“Project”). D. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. E. On June 5, 2024, the Planning Commission of the City of Temecula held a duly noticed public hearing on the proposed Project at which time all persons interested in these actions had the opportunity and did address the Planning Commission. F. After hearing all written and oral testimony by staff and all written comments from the public on the proposed actions and duly considering the comments received, the Planning Commission adopted Resolution No. 2024-XX recommending that the City Council adopt the proposed Project. G. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. Pursuant to Temecula Municipal Code Section 17.16.020, the Planning Commission, in recommending that the City Council approve Amendment No. 11 to the Specific Plan hereby finds, determines and declares that: A. The proposed Specific Plan Amendment is consistent with the General Plan and Development Code. The proposed Specific Plan Amendment conforms to the existing policies within the City of Temecula General Plan. The proposed Specific Plan Amendment will allow a class IV entertainment establishment (a business with a Type 90 ABC license that provides live entertainment) in the Downtown Core area of the Old Town Specific Plan. In addition, the Specific Plan amendment will allow for a pilot program that will allow outdo or live entertainment in Old Town. The General Plan Land Use Element, as noted on page LU- 26, anticipates that the City will provide comprehensive planning of large areas and identifies the Old Town Specific Plan as a specific plan area. The proposed Specific Plan Amendment is consistent with the General Plan Land Use Element Goal 7 of having “A viable, high-quality Old Town Temecula area that enhances the City economically, preserves historic structures, and provides civic, cultural, shopping, and meeting and gathering places for tourists and residents.” Allowing live entertainment will further the goal of providing cultural gathering places for tourists and residents. B. The proposed specific plan amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the city. The proposed Specific Plan Amendment has been reviewed pursuant to the City’s General Plan and all applicable State laws and has been found to be consistent with the policies, guidelines, standards and regulations intended to ensure that the live entertainment will be conducted in a manner consistent with the public health, safety and welfare. The proposed Specific Plan Amendment is consistent with Goal 3 of the Economic Development Element of the General Plan which states “A sound economic base providing a fiscal foundation for the City, quality community facilities, and high service levels.” C. The subject property is physically suitable for the requested land use designations and the anticipated land use developments. The Old Town Specific Plan consists of approximately 153 acres, and the subject area of the Specific Plan Amendment (the Downtown Core district) comprises approximately 48 acres of the Specific Plan. As outlined in the Land Use Element of the City’s General Plan (page LU-32), the purpose of Specific Plans is to provide a comprehensive planning document for large areas so that a coordinated planning approach is provided for all anticipated land use developments. As such, the entire Specific Plan area has been reviewed based on existing structures and future build out potential and is physically suitable for the land use designations provided by the Old Town Specific Plan. The Specific Plan amendment does not make any revisions to the land uses allowed in the Old Town Specific Plan. Instead, it will allow existing businesses to provide live entertainment. D. The proposed specific plan amendment shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood. As identified within the City’s General Plan Land Use Element, page LU -30, Old Town Temecula is a strong identification point for the City and the City desires to ensure that Old Town remains a focal point for social, cultural, civic, tourist and economic development activities. The Old Town Specific Plan was originally adopted to support and complement the desirable character of Temecula’s downtown and the proposed Amendment to the Old Town Specific Plan further supports its downtown character. The City’s General Plan Land Use Element states that the City will continue to implement the Old Town Specific Plan and will modify or amend it as needed to respond to development trends in the area (LU-40). As such, the proposed Amendment to the Old Town Specific Plan provides a means to enhance the area economically while also ensuring the development of a desirable character compatible with existing and proposed development in Old Town and the surrounding neighborhood. Section 3. CEQA. In accordance with the California Environmental Quality Act (CEQA), Specific Plan Amendment No. 11 to the Old Town Specific Plan has been deemed to be exempt from further environmental review as there is no possibility that the proposed action would have a significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). The Specific Plan amendment allows for one class IV entertainment establishment in the Downtown Core area of the Old Town Specific Plan. This license type would be granted to an already existing business that already holds a Type 42 ABC license and that also holds a Type 90 ABC license. So this would be an expansion of an already existing use in that the use could now hold specific events. In addition, the Specific Plan amendment will allow existing businesses to provide live outdoor entertainment, on a temporary basis as a one year pilot program. Therefore, there is no possibility this amendment would have a significant effect on the environment. Section 4. Recommendation. The Planning Commission of the City of Temecula hereby recommends that the City Council adopt a resolution approving Specific Plan Amendment No. 11 to the Old Town Specific Plan in substantially the same form as attached hereto as Exhibit “B.” PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of June, 2024. Bob Hagel, Chairperson ATTEST: Matt Peters, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Matt Peters, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing 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 5th day of June, 2024, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Matt Peters, Secretary -1- CC RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING SPECIFIC PLAN AMENDMENT NO. 11 TO THE OLD TOWN SPECIFIC PLAN TO 1) ADD CLASS IV ENTERTAINMENT ESTABLISHMENTENTERTAINMENT VENUE AS A PERMITTED USE IN THE DOWNTOWN CORE DISTRICT 2) IMPLEMENT A ONE YEAR OUTDOOR LIVE ENTERTAINMENT PILOT PROGRAM 3) AND MAKE A FINDING OF EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061(b)(3) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. A new ABC Type 90 license became effective on January 1, 2024. An ABC Type 90 license allows for the sale of distilled which allows for the sale of beer, wine, and distilled spirits at retail for consumption on the premises in a music entertainment facility without food service. Minors are permitted on the premises. The City Council directed staff to amend the Old Town Specific Plan to allow for a business to operate with a Type 90 license and to establish standards for this license type. B. In addition, the City Council directed staff to allow outdoor live entertainment i n the Old Town Specific Plan in an effort to provide even more entertainment options in Old Town. Section 2. Procedural Findings. The City Council of the City of Temecula does hereby find, determine, and declare that: A. On June 5, 2024, the Temecula Planning Commission considered this Resolution at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 2024-XX recommending approval of the Resolution by the City Council. C. On July9, 2024, the City Council, at a regular meeting, considered the Resolution at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. -2- Section 3. Further Findings. The City Council of the City of Temecula in approving the proposed Municipal Code amendments hereby makes the following additional findings as required by Section 17.16.020. A. The proposed Specific Plan Amendment is consistent with the General Plan and Development Code. The proposed Specific Plan Amendment conforms to the existing policies within the City of Temecula General Plan. The proposed Specific Plan Amendment will allow a class IV entertainment establishment (a business with a Type 90 ABC license that provides live entertainment) in the Downtown Core area of the Old Town Specific Plan. In addition, the Specific Plan amendment will allow for a pilot program that will allow outdoor live entertainment in Old Town. The General Plan Land Use Element, as noted on page LU-26, anticipates that the City will provide comprehensive planning of large areas and identifies the Old Town Specific Plan as a specific plan area. The proposed Specific Plan Amendment is consistent with the General Plan Land Use Element Goal 7 of having “A viable, high-quality Old Town Temecula area that enhances the City economically, preserves historic structures, and provides civic, cultural, shopping, and meeting and gathering places for tourists and residents.” Allowing live entertainment will further the goal of providing cultural gathering places for tourists and residents. B. The proposed specific plan amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the city. The proposed Specific Plan Amendment has been reviewed pursuant to the City’s General Plan and all applicable State laws and has been found to be consistent with the policies, guidelines, standards and regulations intended to ensure that the live entertainment will be conducted in a manner consistent with the public health, safety and welfare. C. The subject property is physically suitable for the requested land use designations and the anticipated land use developments. The Old Town Specific Plan consists of approximately 153 acres, and the subject area of the Specific Plan Amendment (the Downtown Core district) comprises approximately 48 acres of the Specific Plan. As outlined in the Land Use Element of the City’s General Plan (page LU-32), the purpose of Specific Plans is to provide a comprehensive planning document for large areas so that a coordinated planning approach is provided for all anticipated land use developments. As such, the entire Specific Plan area has been reviewed based on existing structures and future build out potential and is physically suitable for the land use designations provided by the Old Town Specific Plan. The Specific Plan amendment does not make any revisions to the land uses allowed in the Old Town Specific Plan. Instead, it will allow existing businesses to provide live entertainment. D. The proposed specific plan amendment shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood. As identified within the City’s General Plan Land Use Element, page LU-30, Old Town Temecula is a strong identification point for the City and the City desires to ensure that Old Town remains a focal point for social, cultural, civic, tourist and economic development activities. The Old Town Specific Plan was originally adopted to support and complement the desirable character of Temecula’s downtown and the proposed Amendment to the Old Town Specific Plan further supports its downtown character. The City’s General Plan Land Use Element states that the City will continue to implement the Old Town Specific Plan and will modify or amend it as needed to respond to -3- development trends in the area (LU-40). As such, the proposed Amendment to the Old Town Specific Plan provides a means to enhance the area economically while also ensuring the development of a desirable character compatible with existing and proposed development in Old Town and the surrounding neighborhood. Section 4. Environmental Findings. In accordance with the California Environmental Quality Act (CEQA), Specific Plan Amendment No. 11 to the Old Town Specific Plan has been deemed to be exempt from further environmental review as there is no possibility that the proposed action would have a significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). The Specific Plan amendment allows for one class IV entertainment establishment in the Downtown Core area of the Old Town Specific Plan. This license type would be granted to an already existing business that already holds a Type 42 ABC license and that also holds a Type 90 ABC license. So this would be an expansion of an already existing use in that the use could now hold specific events. In addition, the Specific P lan amendment will allow existing businesses to provide live outdoor entertainment, on a temporary basis as a one year pilot program. Therefore, there is no possibility this amendment would have a significant effect on the environment. Section 5. Specific Plan Amendment. The City Council hereby adopts Specific Plan Amendment No. 11 to the Old Town Specific Plan as set forth in Exhibit “A”. Section 6. Severability. If any section or provision of this Resolution is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Resolution shall remain valid. The City Council hereby declares that it would have adopted this Resolution, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 7. Effective Date. This Resolution shall take effect on the same date that Ordinance No. ___ takes effect. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of July, 2024. -4- James Stewart, Mayor ATTEST: _________________________________ Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2024- was adopted at a meeting of the City Council of the City of Temecula on the 9th day of July, 2024, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk City of Temecula – Old Town Specific Plan OOLLDD TTOOWWNN SSPPEECCIIFFIICC PPLLAANN CCiittyy ooff TTeemmeeccuullaa––MMaayy 2255,, 22001100 City of Temecula – Old Town Specific Plan Comprehensively revised by the City Of Temecula Adopted by City Council on May 25, 2010 Ordinance No. 10-09: Specific Plan Amendment Ordinance No. 10-10: Zone Change Clerical revisions made August 11, 2010 Originally Adopted on February 22, 1994 Ordinance No. 94-05 Previous Revisions Adopted: January 23, 1996 Ordinance No. 96-01 May 13, 1997 Ordinance No. 97-06 July 13, 1999 Ordinance No. 99-12 October 10, 2000 Ordinance No. 00-11 August 24, 2004 Ordinance No. 04-08 June 13, 2006 September 5, 2017 May 26, 2020 November 29, 2022 June 25, 2024 Ordinance No. 06-07 Resolution No. 17-56 Resolution No. 2020-32 Resolution No. 2022-90 Resolution No. 2024-XX OOLLDD TTOOWWNN SSPPEECCIIFFIICC PPLLAANN City of Temecula – Old Town Specific Plan iii III. ADMINISTRATION AND HISTORIC PRESERVATION A. Introduction ………………………………………………………………………..……………………………………………………….…..…………. III-2 B. Authority for the Plan ……………………………………………………………………………………..……………………………….……...………. III-2 C. Relationship to the General Plan …………………………………………………………………………...………………………………..………..…… III-2 D. Relationship to Other Codes …………………………………………………………………………………………………….…………..….................. III-2 E. Relationship to the California Environmental Quality Act ………………………………………………………………………...………..…………...... III-3 1. Cultural and Historic Resources …………………………………………………………………………………………….….………………… III-3 F. Relationship to Other Regulations ……………………………………………………………………………………………………………………........ III-5 G. Non-Conforming Uses and Structures ……………………………………………………………………………………………..………..…………...... III-5 H. Temecula Historic Preservation District ………………………………………………………………………………………….….................................. III-6 1. Purpose and Intent ……………………………………………………………………………………………………………..…......................... III-6 2. Historical Background ………………………………………………………………………………………………………….…........................ III-6 3. Establishment of the Temecula Local Historic Preservation District …………………………………………………………..…....................... III-6 4. Temecula Local Historic Register ………………………………………………………………………………………………..………………. III-6 I. Old Town Local Review Board ………………………………………………………………………………………………….………………………….III-11 1. Powers and Duties of the Old Town Local Review Board ………………………………………………………………………......................... III-11 2. Project Types and Old Town Local Review Board Review Requirements ………………………………………………….…………………... III-12 a. Level One Projects ………………………………………………………………………………………………………….…………... III-12 b. Level Two Projects ……………………………………………………………………………………………………….…………….. III-12 3. Finding of Historic Appropriateness …………………………………………………………………………………………….……………...... III-13 a. Findings to Approve or Deny a Finding of Historic Appropriateness Application …………………………………………………….. III-14 J. Building Permits and Prohibitions ………………………………………………………………………………………………….…………………….... III-15 K. Maintenance and Care …………………………………………………………………………………………………………….…………..…………... III-15 L. Additional Provisions for Historic Structures …………………………………………….………………………………………..................................… III-15 M. Approval Authority …………………………………………….…………………………………………………………………………….………….... III-15 N. Temporary Use Permits…………………………………………………………………………………………………………………………................. III-17 1. Purpose and Intent……………………………………………………………………………………………………………………………...…. III-17 2. Permitted Uses……………………………………………………………………………………………………………………………………. III-17 a. Major Temporary Use Permit…………………………………………………………………………………………………………… III-17 b. Minor Temporary Use Permit…………………………………………………………………………………………………………… III-17 3. Authority………………………………………………………………………………………………………………………………………….. III-18 4. Findings………………………………………………………………………………………………………………………………………….... III-18 5. Conditions of Approval………………………………………………………………………………………………………………………...…. III-18 6. Revocation………………………………………………………………………………………………………………………………………… III-18 O. General Provisions and Regulations ……………………………………………………………………………………………….……………………… III-19 1. Effect of the Specific Plan ………………………………………………………………………………………………….……......................... III-19 2. Minimum Requirements of the Specific Plan ……………………………………………………………………………….……………...……. III-19 3. Severability ……………………………………………………………………………………………………………………………………….. III-19 P. Temporary Use Permits for Outdoor Live Entertainment (Temporary Pilot Program Expires August 8, 2025) …….…………………………………….III-19 TABLE OF CONTENTS City of Temecula – Old Town Specific Plan viii 8. Parking …………………………………………………………………………………………………………………………………………… IV-103 9. Railroad Turntable Preservation Incentives ……………………………………………………………………………………………………… IV-103 10. Civic District Land Use and Development Standards …………………………………………………………………………………………... IV-105 H. Circulation and Streetscape Standards ……………………………………………………………………………………………..................................... IVVI-107 1. Old Town Sidewalk Standards …………………………………………………………………………………………………………………… IV-107 a. Current Sidewalk Conditions……………………………………………………………………………………………………………. IV-107 b. Sidewalk Design Standards………………………………………………………………………………………….…………………...IV-107 c. Required Sidewalk Configuration Between the Property Line and Build-to Line……………………………………………………… IV-108 d. Sidewalk Cross Sections………………………………………………………………………………………………………………… IV-109 e. Removal of Wooden Boardwalk……………………………………………………………………………………………………….... IV-110 f. Establishment of the Sidewalk Zones …………………………………………………………………………………………………… IV-111 i. Curb Zone………………………………………………………………………………………………………………………. IV-111 ii. Street Furnishing Zone………………………………………………………………………………………………………… IV-112 iii. Pedestrian Zone……………………………………………………………………………………………………………….. IV-113 iv. Frontage Zone………………………………………………………………………………………………………………….IV-113 g. Typical Sidewalk Zone Widths………………………………………………………………………………………………………….. IV-114 2. Old Town Street Standards ………………………………………………………………………………………………………………………. IV-115 a. Typical Street Cross Sections…………………………………………………………………………………………………………… IV-115 b. Moreno Road (north and south loop) Cross Sections…………………………………………………………………………………… IV-115 c. Termination of Third Street and Fifth Street Adjacent to Murrieta Creek……………………………………………………………… IV-127 3. Traffic Calming Measures………………………………………………………………………………………………………………………… IV-130 a. Curb-Bulb-outs………………………………………………………………………………………………………………………….. IV-131 b. Speed Tables and Raised Crosswalk……………………………………………………………………………………………………..IV-132 c. Designated/Marked Crosswalks…………………………………………………………………………………………………………. IV-132 d. Roundabouts…………………………………………………………………………………………………………………………….. IV-133 4. Old Town Street Tree Standards …………………………………………………………………………………………………………………. IV-134 a. Existing Conditions……………………………………………………………………………………………………………………… IV-134 b. Required Street Tree Design Standards…………………………………………………………………………………………………. IV-135 c. Street Tree Placement…………………….……………………………………………………………………………………………... IV-136 d. Example- Conceptual Street Tree Plan………………………………………………………………………………………………….. IV-137 e. Tree Grate Specifications………………………………………………………………………………………………………………... IV-137 f. Street Tree Landscape Palette…………………………………………………………………………………………………………….IV-138 5. Old Town Mobility Concept ……………………………………………………………………………………………………………………... IV-141 a. Street Improvements…………………………………………………………………………………………………………………….. IV-141 i. Roundabout Improvements…………………………………………………………………………………………………….. IV-141 b. Pedestrian Connections/Pedestrian Bridges……………………………………………………………………………………………... IV-141 c. Transit Stops…………………………………………………………………………………………………………………………….. IV-142 d. Multi-Use Trails…………………………………………………………………………………………………………………………. IV-142 I. Alley Standards …………………………………………………………………………………………………………………………………………….. IV-145 1. Public Alley Cross Section and Construction Requirements ……………………………………………………………….................................. IV-146 a. Utilities…………………………………………………………………………………………………………………………………... IV-148 TABLE OF CONTENTS City of Temecula – Old Town Specific Plan III-1 III. ADMINISTRATION AND HISTORIC PRESERVATION CONTENTS: A. Introduction ………………………………………………………………………..……………………………………………………….…..…………. III-2 B. Authority for the Plan ……………………………………………………………………………………..……………………………….……...………. III-2 C. Relationship to the General Plan …………………………………………………………………………...………………………………..………..…… III-2 D. Relationship to Other Codes …………………………………………………………………………………………………….…………..….................. III-2 E. Relationship to the California Environmental Quality Act ………………………………………………………………………...………..…………...... III-3 1. Cultural and Historic Resources …………………………………………………………………………………………….….………………… III-3 F. Relationship to Other Regulations ……………………………………………………………………………………………………………………........ III-5 G. Non-Conforming Uses and Structures ……………………………………………………………………………………………..………..…………...... III-5 H. Temecula Historic Preservation District ………………………………………………………………………………………….….................................. III-6 1. Purpose and Intent ……………………………………………………………………………………………………………..…......................... III-6 2. Historical Background ………………………………………………………………………………………………………….…........................ III-6 3. Establishment of the Temecula Local Historic Preservation District …………………………………………………………..…....................... III-6 4. Temecula Local Historic Register ………………………………………………………………………………………………..………………. III-6 I. Old Town Local Review Board ………………………………………………………………………………………………….………………………….III-11 1. Powers and Duties of the Old Town Local Review Board ………………………………………………………………………......................... III-11 2. Project Types and Old Town Local Review Board Review Requirements ………………………………………………….…………………... III-12 a. Level One Projects ………………………………………………………………………………………………………….…………... III-12 b. Level Two Projects ……………………………………………………………………………………………………….…………….. III-12 3. Finding of Historic Appropriateness …………………………………………………………………………………………….……………...... III-13 a. Findings to Approve or Deny a Finding of Historic Appropriateness Application …………………………………………………….. III-14 J. Building Permits and Prohibitions ………………………………………………………………………………………………….…………………….... III-15 K. Maintenance and Care …………………………………………………………………………………………………………….…………..…………... III-15 L. Additional Provisions for Historic Structures …………………………………………….………………………………………..................................… III-15 M. Approval Authority …………………………………………….…………………………………………………………………………….………….... III-15 N. Temporary Use Permits…………………………………………………………………………………………………………………………................. III-17 1. Purpose and Intent……………………………………………………………………………………………………………………………...…. III-17 2. Permitted Uses……………………………………………………………………………………………………………………………………. III-17 a. Major Temporary Use Permit…………………………………………………………………………………………………………… III-17 b. Minor Temporary Use Permit…………………………………………………………………………………………………………… III-17 3. Authority………………………………………………………………………………………………………………………………………….. III-18 4. Findings………………………………………………………………………………………………………………………………………….... III-18 5. Conditions of Approval………………………………………………………………………………………………………………………...…. III-18 6. Revocation………………………………………………………………………………………………………………………………………… III-18 O. General Provisions and Regulations ……………………………………………………………………………………………….……………………… III-19 1. Effect of the Specific Plan ………………………………………………………………………………………………….……......................... III-19 2. Minimum Requirements of the Specific Plan ……………………………………………………………………………….……………...……. III-19 3. Severability ……………………………………………………………………………………………………………………………………….. III-19 P. Temporary use permits for outdoor live entertainment (Temporary Pilot Program Expires August 8, 2025) ....…………………………………………. III-19 City of Temecula – Old Town Specific Plan III-16 III. ADMINISTRATION AND HISTORIC PRESERVATION TABLE III-4: APPROVAL AUTHORITY Application Type OTLRB Review Administrative Approval Director of Planning Approval Planning Commission Approval City Council Approval Development Plan – 10,000 s.f. and under X2 X6 Development Plan – over 10,000 s.f. X2 X Major Modification X2 X3,6 X3 X3 Minor Modification8 X1 X6 Minor Conditional Use Permit – existing building X4,6 Conditional Use Permit X5,6 X5 Finding of Historic Appropriateness X2, 7 X6,7 X6,7 X7 X7 Temporary Use Permit9 X6 Footnotes: 1.) Considered a Level One Project which does not require the review and approval of the OTLRB. However, the Planning Director may forward a Level One Project to the OTLRB if the project has the potential to have significant aesthetic impacts or special significance. 2.) Considered a Level Two Project which requires review and recommendation by the OTLRB before the project can be approved by the appropriate approving authority. 3.) Major Modifications may be approved administratively if the project was originally approved by the Director of Planning. Projects which were approved by the Planning Commission or City Council must be considered by the original approving body. Increases in building square footage that results in a building larger than 10,000 square feet shall be heard by the Planning Commission. 4.) Minor Conditional Use Permits, which are for conditionally permit uses to be conducted within an existing building, may be approved by the Director of Planning at a noticed public hearing. 5.) A Conditional Use Permit with a Development Plan shall be approved by the hearing body required for the Development Plan. 6.) For matters that are considered to have unique circumstances, special significance or aesthetic impacts, the Director of Planning may refer such matters to the Planning Commission. 7.) All applications for a Finding of Historic Appropriateness shall be reviewed by the OTLRB. A Finding of Historic Appropriateness may be issued either administratively, by the Director of Planning, by the Planning Commission, or by the City Council as part of the approval process for any Minor Modification, Major Modification, or Development Plan. The appropriate approval authority shall be based upon the approval authority for the application type. 8.) Outdoor Dining or Sidewalk Cafes require the approval of a Minor Modification if not approved as a part of the original Development Plan. 9.) Temporary Use Permits are limited to one permit per business per quarter for each calendar year, except as set forth in Section P. City of Temecula – Old Town Specific Plan III-17 III. ADMINISTRATION AND HISTORIC PRESERVATION N. TEMPORARY USE PERMIT (TUP) 1. Purpose and Intent The provisions of this chapter shall govern special events and temporary uses on private commercial property in Old Town. Special events on public property in Old Town shall be governed by Chapter 12.12 of the Temecula Municipal Code, Parades and Special Events on Public Property. The temporary use permit allows for short-term activities or events that may be appropriate within the Old Town Specific Plan area when regulated. Temporary uses shall not exceed ninety days when not occupying a structure, (including promotional activities), or one year for all other uses occupying a structure, or for a shorter period of time as determined by the Director of Planning. Residential model home complexes are exempt from the time limitations. 2. Permitted Uses Temporary uses in Old Town are divided into two general categories: major and minor. Major temporary uses have a potential to create health and safety problems, can occur on undeveloped property and/or outdoors, may create traffic and noise problems, and/or could potentially disrupt community life or surrounding businesses and residents. Minor temporary uses occur on developed commercial private property and/or indoors, and for very short time periods. Minor temporary uses produce little noise and/or traffic, and have no significant impacts on adjacent properties. Temporary Use Permits are limited to one permit per business per quarter for each calendar year, except as set forth in Section P of this Chapter. a. Major Temporary Uses The following major temporary uses may be permitted, subject to the review and approval a Major Temporary Use Permit: i. Fairs, festivals, concerts, outdoor live entertainment, and similar activities when not held within a facility designed to accommodate such an event or use such as auditoriums, stadiums, or other public assembly facilities. Major Temporary Use Permits issued for the uses described above are subject to the following requirements: • The number of Major Temporary Use Permits issued for fairs, festivals, concerts, outdoor live entertainment, and similar activities in Old Town may not exceed one per business for every quarter for each calendar year, except as set forth in Section P. Fairs, festivals, concerts, outdoor live entertainment, and similar activities shall not exceed two consecutive days in length. • Major Temporary Use Permits issued for City Sponsored Signature Events and/or special events where the City is the applicant are not subject to the quarterly limit. • Major Temporary Uses for fairs, festivals, concerts, outdoor live entertainment, and similar activities shall not be permitted in the Neighborhood Residential (NR) zoning district. • See Section P of this Chapter for specific regulations pertaining to TUP’s for Outdoor Live Entertainment. ii. Real estate offices and model homes within approved development projects. iii. On and off-site contractors’ construction yards in conjunction with an approved active development project. iv. Christmas tree sales lots. Such activity shall be only held from November 1st through December 31st. v. Pumpkin sales lots. b. Minor Temporary Uses The following minor temporary uses may be permitted, subject to the review and approval of a Minor Temporary Use Permit. i. Outdoor display and sales of merchandise within the Downtown Core and Residential/Limited Mixed-Use districts that exceed the regulations set forth in Section 17.10.020(K) of the Development Code. Outdoor display and sales of merchandise permitted with a Minor Temporary Use Permit shall not exceed sixteen days per calendar year per business or organization and are subject to the following requirements: • Merchandise displayed or sold must be customarily sold on the premises by a permanently established business. • The maximum number of consecutive days for any one event shall not exceed nine calendar days. • Events exceeding five consecutive calendar days shall be fully enclosed in a tent so as to minimize any aesthetic impacts. • Set-up and take-down of tents, lighting, fencing, merchandise and/or items for the event shall not be counted towards the allowable event days per calendar year, except that set-up shall not exceed one and one-half City of Temecula – Old Town Specific Plan III-19 III. ADMINISTRATION AND HISTORIC PRESERVATION O. GENERAL PROVISIONS AND REGULATIONS 1. Effect of the Specific Plan No person shall use any premises except as specifically permitted by and subject to the regulations of this Specific Plan. Except as otherwise permitted herein, whenever this Specific Plan prohibits the use of property for a particular purpose, those premises and any improvements on the premises shall not be used for that purpose, and no structure or improvement shall be constructed, altered or moved onto the premises which is designed, arranged, or intended to be occupied or used for that purpose. 2. Minimum Requirements of the Specific Plan The provisions of this Specific Plan shall be interpreted and applied as the minimum requirements for the promotion of the public health, safety and general welfare. The Director of Planning shall interpret the Specific Plan based upon the policy directives of the City Council. 3. Severability If any section, subsection, sentence, clause, phrase or portion of this Specific Plan, or future amendments or additions hereto, is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this Specific Plan, or future amendments or additions hereto. The City hereby declares that it would have adopted these requirements and each sentence, subsection, clause, phrase, portions or any future amendments or additions hereto, irrespective of the fact that any one or more sections, subsections, clauses, phrases, portions or any future amendments or additions hereto may be declared invalid or unconstitutional. P. TEMPORARY USE PERMITS FOR OUTDOOR LIVE ENTERTAINMENT 1. Intent and purpose. The City Council desires increased outdoor live entertainment within Old Town. It is the intent and purpose of this section to serve as a pilot program of one (1) year in length, to allow Temporary Use Permits to include temporary outdoor live entertainment, a use previously limited to one per quarter. The expiration date of this pilot program shall be 8, August 2025, unless action is taken by Resolution of the City Council to amend, extend, terminate or make permanent these provisions. The purpose of this Council directed policy is to allow for ancillary outdoor live entertainment in an experimental capacity and is not intended to be the primary use of any establishment. The provisions, permitting process, forms, fees, and findings set forth in section N above for a Major TUP shall be followed, unless in conflict with this section in which case this section shall prevail. Establishments that have and maintain in good order a Conditional Use Permit (CUP) that permits outdoor live entertainment are exempt from this section. This section does not permit or authorize any permanent land use or entitlement and does not constitute a vested interest or right of any kind. i. All TUP’s issued under this provision shall limit outdoor live entertainment between the hours of 10:00:00 am – 8:59:59 pm, every day of the week. ii. TUP’s shall be limited in location, to include all aspects of the event, to a developed parcel within the Downtown Core District as shown in Exhibit IV-1: Old Town Regulating Plan. iii. TUP’s that intend to serve, sell, or provide alcohol shall obtain any and all required permits or licenses necessary for such alcohol. iv. Establishments permitted for indoor live entertainment shall be subject to these requirements if the establishment opens doors, windows or other means for the transmission of entertainment outdoors. v. TUP’s issued under this provision shall be exempt from the requirements of “Note 9” on Table III-4: Approval Authority. vi. All TUP’s issued under this section shall: a. Prohibit percussion instruments; b. Prohibit Disc Jockeys (DJ’s) or similar entertainment from occurring; and c. Prohibit speakers, and similar amplified sound emitting devices, from pointing outward towards neighboring parcels. vii. No TUP shall allow or provide outdoor live entertainment during Santa’s Electric Light Parade, July 4th Parade or any other City sponsored parade in Old Town that closes any portion of Old Town Front Street. viii. All site plans provided for a TUP under this section shall include all audio equipment, speakers, stages, lighting, and all other aspects of the performance. ix. Video, streaming or any form of digital image or sound projection of performances shall not constitute live entertainment. City of Temecula – Old Town Specific Plan IV. LAND USE AND URBAN DEVELOPMENT STANDARDS 10. Civic District Land Use and Development Standards …………………………………………………………………………………………... IV-105 H. Circulation and Streetscape Standards ……………………………………………………………………………………………..................................... VI-107 1. Old Town Sidewalk Standards …………………………………………………………………………………………………………………… IV-107 a. Current Sidewalk Conditions……………………………………………………………………………………………………………. IV-107 b. Sidewalk Design Standards………………………………………………………………………………………….…………………...IV-107 c. Required Sidewalk Configuration Between the Property Line and Build-to Line……………………………………………………… IV-108 d. Sidewalk Cross Sections………………………………………………………………………………………………………………… IV-109 e. Removal of Wooden Boardwalk……………………………………………………………………………………………………….... IV-110 f. Establishment of the Sidewalk Zones …………………………………………………………………………………………………… IV-111 i. Curb Zone………………………………………………………………………………………………………………………. IV-111 ii. Street Furnishing Zone………………………………………………………………………………………………………… IV-112 iii. Pedestrian Zone……………………………………………………………………………………………………………….. IV-113 iv. Frontage Zone………………………………………………………………………………………………………………….IV-113 g. Typical Sidewalk Zone Widths………………………………………………………………………………………………………….. IV-114 2. Old Town Street Standards ………………………………………………………………………………………………………………………. IV-115 a. Typical Street Cross Sections…………………………………………………………………………………………………………… IV-115 b. Moreno Road (north and south loop) Cross Sections…………………………………………………………………………………… IV-115 c. Termination of Third Street and Fifth Street Adjacent to Murrieta Creek……………………………………………………………… IV-127 3. Traffic Calming Measures………………………………………………………………………………………………………………………… IV-130 a. Curb-Bulb-outs………………………………………………………………………………………………………………………….. IV-131 b. Speed Tables and Raised Crosswalk……………………………………………………………………………………………………..IV-132 c. Designated/Marked Crosswalks…………………………………………………………………………………………………………. IV-132 d. Roundabouts…………………………………………………………………………………………………………………………….. IV-133 4. Old Town Street Tree Standards …………………………………………………………………………………………………………………. IV-134 a. Existing Conditions……………………………………………………………………………………………………………………… IV-134 b. Required Street Tree Design Standards…………………………………………………………………………………………………. IV-135 c. Street Tree Placement….………………………………………………………………………………………………………………... IV-136 d. Example- Conceptual Street Tree Plan………………………………………………………………………………………………….. IV-137 e. Tree Grate Specifications………………………………………………………………………………………………………………... IV-137 f. Street Tree Landscape Palette…………………………………………………………………………………………………………….IV-138 5. Old Town Mobility Concept ……………………………………………………………………………………………………………………... IV-141 a. Street Improvements…………………………………………………………………………………………………………………….. IV-141 i. Roundabout Improvements…………………………………………………………………………………………………….. IV-141 b. Pedestrian Connections/Pedestrian Bridges……………………………………………………………………………………………... IV-141 c. Transit Stops…………………………………………………………………………………………………………………………….. IV-142 d. Multi-Use Trails…………………………………………………………………………………………………………………………. IV-142 I. Alley Standards …………………………………………………………………………………………………………………………………………….. IV-145 1. Public Alley Cross Section and Construction Requirements ……………………………………………………………….................................. IV-146 a. Utilities…………………………………………………………………………………………………………………………………... IV-148 2. Private Residential and Commercial Alleyways ……………………………………………………………………………................................. IV-149 3. Preservation of Existing Alleys in Old Town ……………………………………………………………………………………………………. IV-149 IV-4 IV-5 City of Temecula – Old Town Specific Plan IV. LAND USE AND URBAN DEVELOPMENT STANDARDS B. ESTABLISHMENT OF THE ZONING DISTRICTS The following zones have been established within the Old Town Specific Plan area: • Downtown Core District (DTC) • Downtown Core/Hotel Overlay District (DTC/HO) • Residential/Limited Mixed-Use District (R/LMU) • Neighborhood Residential District (NR) • Civic District (CV) • Open Space (OS) Each zone is identified as a spatial district as shown in Exhibit IV-1 Old Town Regulating Plan. Each zone shown in the Old Town Regulating Plan has different development regulations and standards for the physical building form and building placement that shall apply in the Old Town Specific Plan area. 1. Zoning District Boundaries Where boundaries of the Zoning Districts appear to follow streets, the boundary shall follow the centerlines of said streets. Where boundaries appear to follow existing property lines, they shall follow said property lines and shall not bisect portions of existing lots of record which are in effect at the time of adoption of this Specific Plan. The boundaries of the Open Space Zoning District along the channel of Murrieta Creek, however, may bisect adjacent parcels. IV-9 City of Temecula – Old Town Specific Plan IV. LAND USE AND URBAN DEVELOPMENT STANDARDS TABLE IV-1: LAND USE MATRIX LIST OF USES Residential-Limited Mixed-Use (R/LMU) Downtown Core (DTC)/ Downtown Core-Hotel Overlay (DTC/HO) Neighborhood Residential (NR) Adult Entertainment Businesses - - - Alcoholic Beverage Sales C1115 C1115 - Art Studio with or without a gallery P1 P1 - Bar, Cocktail Lounge15 C1 C - Beer Tasting Establishment15 C13 C13 - Bed and Breakfast C - C Community Care Facility (6 or Fewer) - - P Community Care Facility (7 to 14) - - C Day Care/Preschool C1 C2 - Day Spa - (Full Service) P1 P - Drive-thru Businesses (includes eating establishments and banks) - - - Escape Rooms C C - Farmers Market C C - Health and fitness, dance, martial arts studio P1 P2 - Home Occupation P P P Cigar/Hookah Club (private membership only) C C - Hotel P3 P4 - Entertainment See Municipal Code5, 14 See Municipal Code5, 14 - Massage Facilities - - - Museum - P - Neighborhood market, grocery store P1 P - Office-Administrative/Professional/Medical P12 P2 - Performing Arts - P - Personal Services P1 P2 - Residential - Attached P P6 P Residential - Detached - - P Residential – Live/Work C C C Restaurant without Alcohol9,11,15 P9 P9 - Restaurant with Beer and Wine9,11,15 P9 P9 - Restaurant with Beer, Wine, and Distilled Spirits 9,11,15 C C - Restaurant with Entertainment (not including dancing)9,11,15 See Municipal Code5, 14 See Municipal Code5, 14 - Restaurant with Entertainment and/or Dancing9,11,15 See Municipal Code5, 14 See Municipal Code5, 14 - IV-11 City of Temecula – Old Town Specific Plan IV. LAND USE AND URBAN DEVELOPMENT STANDARDS Retail P1 P1 - Tattoo Studio - - - Trade/Educational Institution P1 P2 Entertainment Establishment - P1,14,15 - Wine Producing/Micro Brewery – (Type 02 ABC License only)15 P7 P7 - Wine Tasting Facility – (Type 02 ABC License only) 15 P8 P8 - Wine Tasting Facility15 C10 C10 - Except hotel operations, business activities within the Residential/Limited Mixed-Use and Neighborhood Residential during the hours of 12:00 a.m. and 5:00 a.m. shall require a Conditional Use Permit. Any use not explicitly stated above shall require a use determination by the Planning Commission. P Use is permitted by right C Use is permitted with a Conditional Use Permit - Use is not permitted 1. Use is limited to ground floor only. 2. These uses are limited to either the second floor (or higher) or to locations that do not front upon or open directly onto either Old Town Front Street or Main Street. 3. This use is limited to locations that front Moreno Road. Full-service hotel uses with food service and conference facilities at heights greater than three stories but limited to eight stories may be considered under a Conditional Use Permit. Subject to the Supplemental Standards for hotels over 3 stories. 4. Full-service hotel uses with food service and conference facilities in the Downtown Core -Hotel Overlay (DTC/HO) are allowed eight stories. Subject to the Supplemental Standard and Special Use Standards in Section IV.G of this chapter, for hotels over three stories. 5. Outdoor entertainment is not permitted in Old Town. City sponsored signature events and/or events when the City is the applicant are exempt. Outdoor live entertainment may be considered for private businesses in Old Town with a Temporary Use Permit as appropriately conditioned, limited to one event per quarter per Section III.N. 6. Ground floor residential not permitted in the Downtown Core area along Old Town Front Street and Main Street. 7. Shall include a store front tasting room. Premises with or without the product sale for off-site consumption is limited to a Department of Alcoholic Beverage Control License Type 02 (Winery/Winegrower). 8. Premises with or without the product sale for off-site consumption is limited to the Department of Alcoholic Beverage Control License Type 02 (Winery/Winegrower). 9. Outdoor Dining or Sidewalk Cafes are permitted in conjunction with a restaurant subject to the review and approval of a Minor Modification or as approved with a Development Plan application. 10. Premises with or without the product sale for off-site consumption applying for any Department of Alcoholic Beverage Control License type other than a Type 02 (Winery/Winegrower). 11. Subject to Chapter 17.10 Supplemental Development Standards of the Development Code. 12. This use is permitted on either the ground floor or second floor. 13. Premises with or without the product sale for off-site consumption is limited to the Department of Alcoholic Beverage Control License Type 23 (Small Beer Manufacturing – Duplicate) 14. Subject to Municipal Code Section 9.10 (Entertainment License) 15. Subject to Municipal Code Section 17.09 (Alcohol), and limited to the Downtown Core District IV-12 City of Temecula – Old Town Specific Plan IV. LAND USE AND URBAN DEVELOPMENT STANDARDS – DOWNTOWN CORE AND DOWNTOWN CORE/HOTEL OVERLAY DISTRICT ix. Allowable Encroachments The table below outlines the allowable encroachments between the build-to line and the property line and into the side and rear yard setbacks for buildings located in the Downtown Core and Downtown Core/Hotel Overlay district. Table IV-11: Allowable Encroachments in Downtown Core/Downtown Core Hotel Overlay District Building Element: Over the build- to line (typical lot or lot with creek frontage): Over the build-to line side street (corner lot): Into Side/Rear Yard setback (with or without alley): A.Architectural features such as cornices, eaves, overhangs, and other decorative building elements 5 feet maximum 5 feet maximum 0 feet B.Balconies, patios or terraces (above first floor) 10 feet maximum 10 feet maximum 0 feet C.Awning or Canopy 8 10 feet maximum 8 10 feet maximum 0 feet D.Bay Window 2 feet maximum 2 feet maximum 0 feet E.Urban accent landscaping –potted, or hanging plants, etc. 3 feet maximum 3 feet maximum N/A Table IV-12: Minimum Vertical Clearance in the Downtown Core and Downtown Core/Hotel Overlay District F.Awnings, canopies, and other architectural features such as building projections, eaves, overhangs, and other decorative building elements 8 feet minimum G.Balconies or terraces (above first floor) 12 feet minimum Figure IV-9: Allowable encroachments in the DTC and DTC/HO IV-28 City of Temecula- Old Town Specific Plan IV. LAND USE AND DEVELOPMENT STANDARDS f. Street Tree Landscape Palette In order to achieve an urban streetscape, the following tree species (listed below and shown on the Street Tree Map Exhibit IV-3) shall be required to be planted in Old Town. All street trees shall be 36” box size: Old Town Front Street: Liquid Amber (Liquidambar Styraciflua ‘Rotundiloba’) London Plane (Plantus x Acerifolia ‘Bloodgood’) First Street (east of Old Town Front Street): London Plane (Plantus x Acerifolia ‘Bloodgood’) Second Street: London Plane (Plantus x Acerifolia ‘Bloodgood’) Third Street: London Plane (Plantus x Acerifolia ‘Bloodgood’) Fourth Street: London Plane (Plantus x Acerifolia ‘Bloodgood’) Fifth Street: London Plane (Plantus x Acerifolia ‘Bloodgood’) Sixth Street (east of Old Town Front Street): London Plane (Plantus x Acerifolia ‘Bloodgood’) Main Street east of Murrieta Creek: London Plane (Plantus x Acerifolia ‘Bloodgood’) Main Street west of Murrieta Creek: London Plane (Plantus x Acerifolia ‘Bloodgood’) Mercedes Street: London Plane (Plantus x Acerifolia ‘Bloodgood’) Moreno Road: London Plane (Plantus x Acerifolia ‘Bloodgood’) Pujol Street: London Plane (Plantus x Acerifolia ‘Bloodgood’) First Street (west of Old Town Front Street): London Plane (Plantus x Acerifolia ‘Bloodgood’) Sixth Street (west of Old Town Front Street): London Plane (Plantus x Acerifolia ‘Bloodgood’) Felix Valdez: London Plane (Plantus x Acerifolia ‘Bloodgood’) Murrieta Creek Trail: California Sycamore (Platanus Racemosa) Figure IV-101: Liquid Amber Figure IV-102: London Plane IV-138 City of Temecula – Old Town Specific Plan IV.LAND USE AND DEVELOPMENT STANDARDS 6.Applicability The regulations and criteria contained herein shall apply to all signage within the Downtown Core and Downtown Core/Hotel Overlay, and Residential/Limited Mixed-Use, and Civic Districts. The Neighborhood Residential district shall comply with the residential sign requirements contained in the Temecula Municipal Code using the Design Criteria contained in the Old Town Specific Plan. Photos contained in this chapter are intended to provide visual or illustrative examples and may not be representative of the actual allowable dimensions of sign area. 7.Permit Required Unless specifically stated in these regulations, a sign permit is required prior to placing, erecting, moving, reconstructing, altering, or displaying any sign within the Specific Plan area. All signs are subject to the approval of the Director of Planning. 8.Sign Program A Sign Program is required prior to obtaining a sign permit for new or existing developments that propose to erect or replace a permanent sign where any of the following circumstances exist: a.Whenever a building or center is greater than 100,000 square feet in total building area and has five or more permanent signs. b.Whenever the development contains a historic structure. c.Whenever a proposed permanent sign exceeds or cannot comply with the standards required by this chapter due to unique characteristics of the site or the unique characteristics of the building façade upon which the sign is placed. 9.Prohibitions No person shall erect, re-erect, construct, enlarge, alter, move, improve, remove, convert, or equip any sign or sign structure or cause or permit the same to be done contrary to, or in violation of, the provisions of these sign regulations. 10.Prohibited Signs in Old Town •Freestanding signs •Roof mounted signs •Animated, rotating, moving, emitting or flashing signs •Balloon signs •Iridescent materials or day-glow/fluorescent colors •Ambient air balloons •Internally illuminated channel letters signs •Internally illuminated can or cabinet signs •Front facing exposed bulbs •Window signs above the second story (except when in compliance with Section IV.J.13.d). •Paper, cloth, or plastic streamers or bunting- except holiday decorations (Acceptable during the hours of City Sponsored events only.) •Formed plastic signs •Paper signs affixed to the inside or outside of the façade or window •Exposed raceways •Traffic sign replicas •Multiple repetitive signs or repetitive use of words or symbols as a sign element is not permitted except for a single band of letters on the inside of a glass storefront •Any sign not permitted by this Specific Plan •Any sign prohibited by the Development Code and not expressly permitted in this Specific Plan •Signs within the public right-of-way, unless approved by the Public Works Director and the Planning Director. 11.Temporary Banners Temporary Banner signs in the Downtown Core, Downtown Core/Hotel Overlay, Residential/Limited Use, Neighborhood Residential and Open Space shall be non-illuminated and shall comply with the Temecula Municipal Code, except the following: a.Temporary Banner signs shall not exceed 32 sq. ft. b.Neon colored or day glow signs are prohibited. c.Temporary Banner signs may be attached to banisters or other elements of the building or site. d.Temporary Banner signs in the Civic Zone are intended to benefit businesses within Old Town and the Community through special events that attract residents and tourists to Old Town and Temecula. Design and duration of temporary signage placed in the Civic District (CV) may vary or exceed the limitations of the other Districts as needed to support IV-153 City of Temecula – Old Town Specific Plan IV. LAND USE AND DEVELOPMENT STANDARDS Figure IV114b: Example of appropriate sign placement that respects the architectural scale of the façade. The signage fits entirely within the horizontal and vertical elements of the building. Figure IV-114a: Example of inappropriate sign placement. Sign placement ignores the architectural scale of the façade and obscures the horizontal and vertical elements of the building. community events, City sponsored signature events, or civic activities within Old Town. 12. Temporary Portable Sign a. One temporary portable sign (such as an A-frame or a movable pole sign) is allowed per business. b. Portable signs may encroach 4 3 feet into the “Frontage Zone” and shall be placed at the primary entryway of the business. A portable sign shall not extend within the public right-of-way or block the free movement of pedestrians. c. The size shall not exceed four feet high and three feet wide. d. A portable sign shall not be placed within the Pedestrian Zone. e. Portable signs shall not be illuminated or plastic. Portable signs shall be constructed of high quality, durable materials, subject to the review and approval of the Director of Planning. f. A portable sign is intended for daily restaurant or store specials and shall be entirely removed and placed inside the building during non-business hours. g. No permit is required for portable signs that comply with these provisions. 13. Sign Placement a. Except as provided below, signs shall be placed on the building facade above the primary public entrance for the business. b. Tenant wall signs shall be placed no higher than the lowest of the following points on the building facade: i. 25 feet above grade ii. Bottom of the sill line of the second floor windows iii. Cornice line/signage band on the first floor of the building c. Signs shall be placed in harmony with the architecture and façade of the building. d. The following signs may be located above the first floor, provided they are not internally illuminated: i. Building Name Signs that are painted, etched, or applied directly to the wall with three dimensional channel cut letters not to project more than 2 inches from the surface. ii. Window Signs (gold leaf and/or black colored); however, not above the second floor and only one window per frontage per business. iii. Signs on public buildings located within the Civic Overlay. iv. Non-illuminated tenant signs shall be permitted on the second or third story (not above third floor) when the primary entrance of the business is located on the second or third floor and the primary business entrance door is external to the building accessed only by an external balcony or walkway via an external elevator/stairway or courtyard. Signs shall be placed at business frontage only. v. When a business or tenant occupies more than 50 percent of the total gross building area the tenant or business may have a sign on the third or fourth story of the building. Figure IV-113 a,b: Example of a portable sign. IV-154 Notice of Public Hearing THE CITY OF TEMECULA - 41000 Main Street- Temecula, CA 92590 – TemeculaCA.gov A PUBLIC HEARING has been scheduled before the PLANNING COMMISSION to consider the matter(s) described below: Case No.: LR23-0429 Applicant: City of Temecula Proposal: A resolution of the Planning Commission of the City of Temecula recommending that the City Council adopt an ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 9 AND 17 OF THE TEMECULA MUNICIPAL CODE TO 1) IMPLEMENT AND DEFINE A CLASS IV ENTERTAINMENT LICENSE 2) AMEND TABLE 17.08.030 (SCHEDULE OF PERMITTED USES COMMERCIAL/OFFICE/INDUSTRIAL DISTRICTS) TO INCLUDE ENTERTAINMENT VENUE AS A NON PERMITTED USE IN ALL ZONES EXCEPT FOR THE OLD TOWN SPECIFIC PLAN AND ADD A NOTE REFERENCING CHAPTER 17.09 (ALCOHOL) 3) CREATE A NEW CHAPTER 17.09 (ALCOHOL) AND RELOCATE ALL ALCOHOL REQUIREMENTS FROM CHAPTER 17.10 (SUPPLEMENTAL DEVELOPMENT STANDARDS) TO CHAPTER 17.09 (ALCOHOL) 4) CREATE STANDARDS FOR ENTERTAINMENT ESTBALISHMENTS 5) IMPLEMENT OUTDOOR COOKING DEVICE STANDARDS, and 6) MAKING A FINDING OF EXEMPTION UNDER CEQA GUIDELINES SECTION 15061(B)(3);” and adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AMENDMENT NO. 11 TO THE OLD TOWN SPECIFIC PLAN (SP-5) (LONG RANGE PROJECT NO. LR23-0429) AND MAKING A FINDING OF EXEMPTION UNDER CEQA GUIDELINES SECTION 15061(B(3).” Environmental Action: In accordance with the California Environmental Quality Act (CEQA), staff has determined that the proposed project is exempt from further environmental review and a Notice of Exemption will be recommended for adoption in compliance with CEQA Section 15061 (b)(3). Case Planner: Mark Collins, (951) 506-5172 PLACE OF HEARING: 41000 Main Street, Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: June 5, 2024 TIME OF HEARING: 6:00 PM The complete agenda packet (including any supplemental materials) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the City’s website – TemeculaCA.gov and will be available for public review at the respective meeting. Any writing distributed to a majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. – 5:00 p.m. In addition, such material will be made available on the City’s website – TemeculaCA.gov – and will be available for public review at the meeting. Any petition for judicial review of a decision of the Planning Commission shall be filed within time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. Questions? Please call the Community Development Department at (951) 694-6400. REQUESTS TO SPEAK Public Comment: Non -Agenda Item: Item Description or Item No. CA-5 cS REQUEST TO SPEAK PLANNING COMMISSION Date: Agenda Item: 9- % lo Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the Secretary prior to the Commission commencing the Public Comment period. For all Business items on the Agenda, a Request to Speak form may be submitted to the Secretary prior to the Commission addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. 1�f Name: D�v � Vk� �GLY G- Phone Number: Address: _l ��J�GI J l U� Email address: r 1L��Y��' �r►'�lC' �Gt,�'\L Cc� �-- If you are reprepenting an organization or group, please give the name: Please note that all information presented at a Commission meeting becomes public record. All information provided is optional.