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HomeMy WebLinkAbout05202020 PC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35 .102.35.104 ADA Title II]. AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA MAY 20, 2020 - 6:00 PM IMPORTANT NOTICE REGARDING MEETING This meeting is being conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. In accordance with this order, the public may view/listen to the meeting online at https://temeculaca.gov/tv and not in person at City Hall. Submission of Public Comments: For those wishing to make public comments at this meeting, please submit your comments by email to the Principal Management Analyst at lynn .lehner@temeculaca.gov. Email comments on matters not on the agenda must be submitted prior to the Public Comments item being called. Email comments on an agenda item must be submitted prior to the close of public comments on that agenda item. All email comments shall be subject to the same rules as would otherwise govern speaker comments at noticed meetings. Electronic comments may only be submitted via email and comments via text and social media (Facebook, Twitter, etc.) will not be accepted . Reading of Public Comments: Email comments will be read into the record, provided that the reading shall not exceed three (3) minutes, or such other time as the Planning Commission may provide, consistent with the time limit for speakers at noticed meetings . CALL TO ORDER: Chairperson Turley-Trejo FLAG SALUTE: Commissioner Guerriero ROLL CALL: Guerriero, Telesio, Turley-Trejo, Watts, Youmans PUBLIC COMMENT A total of 30 minutes is provided for members of the public to address the Planning Commission on items that appear on the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. For all Public Hearing or Business items on the agenda, each speaker is limited to five minutes. For this meeting, public comments may be submitted and read into the record pursuant to the important notice provided at the top of this agenda. Page 1 Planning Commission Agenda May 20, 2020 CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the Planning Commission request specific items be removed from the Consent Calendar for separate action . 1.Minutes Approve the Action Minutes of May 6, 2020Recommendation: ITEM 1 Action Minutes May 6, 2020 Attachments: PUBLIC HEARING Any person may submit written comments to the Planning Commission before or during a public hearing in support of or in opposition to the approval of the project(s) in the manner prescribed in the important notice at the top of the agenda. 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. Any person dissatisfied with a decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within fifteen (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. 2.Planning Application No. PA20-0192, a Conditional Use Permit to allow for Antica Italia restaurant to obtain an ABC Type 47 License (On-Sale General - Eating Place) at 28475 Old Town Front Street, Scott Cooper Adopt a resolution entitled: PC RESOLUTION NO. 2020- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA20-0192, A CONDITIONAL USE PERMIT TO ALLOW FOR ANTICA ITALIA RESTAURANT TO OBTAIN AN ABC TYPE 47 LICENSE (ON-SALE GENERAL - EATING PLACE) AT 28475 OLD TOWN FRONT STREET, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Recommendation: Page 2 Planning Commission Agenda May 20, 2020 ITEM 2 Agenda Report Aerial Map Plan Reductions PC Resolution Exhibit A - Draft Conditions of Approval Statement of Operations Notice of Exemption Notice of Public Hearing Attachments: COMMISSIONER REPORTS COMMISSION SUBCOMMITTEE REPORTS COMMUNITY DEVELOPMENT DIRECTOR REPORT PUBLIC WORKS DIRECTOR REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be held on Wednesday, June 3, 2020, at 6:00 p.m., in the Council Chambers located at 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC Due to the closure of City Hall, the library and other city facilities due to the COVID-19 pandemic, the full agenda packet (Including staff reports and any supplemental material available after the original posting of the agenda), will only be available for viewing on the City’s website at https://temeculaca.legistar.com/Calendar.aspx at least 72 hours prior to meeting. If you have questions regarding an item on the agenda, please contact the Community Development Department at (951) 694-6400. Page 3 ITEM 1 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA MAY 6, 2020 - 6:00 PM IMPORTANT NOTICE REGARDING THE MEETING This meeting is being conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. In accordance with this order, the public may view/listen to the meeting online at https://temeculaca.gov/tv and not in person at City Hall. Submission of Public Comments: For those wishing to make public comments at this meeting, please submit your comments by email to the Principal Management Analyst at lynn.lehner@temeculaca.gov. Email comments on matters not on the agenda must be submitted prior to the Public Comments item being called. Email comments on an agenda item must be submitted prior to the close of public comments on that agenda item. All email comments shall be subject to the same rules as would otherwise govern speaker comments at noticed meetings. Electronic comments may only be submitted via email and comments via text and social media (Facebook, Twitter, etc.) will not be accepted. Reading of Public Comments: Email comments will be read into the record, prov ided that the reading shall not exceed three (3) minutes, or such other time as the Planning Commission may provide, consistent with the time limit for speakers at noticed meetings. CALL TO ORDER: Chairperson Turley-Trejo FLAG SALUTE: Commissioner Youmans ROLL CALL: Guerriero, Telesio, Turley-Trejo, Watts, Youmans PUBLIC COMMENT - None CONSENT CALENDAR 1. Minutes Recommendation: Approve the Action Minutes of April 22, 2020 Approved the Action Minutes of April 22, 2020 (5-0): Motion by Youmans, Second by Telesio. The vote reflected unanimous approval. Planning Commission Action Minutes May 6, 2020 Page 2 PUBLIC HEARING 2. Long Range Project Number LR20-0209, an amendment to the Old Town Specific Plan to allow four-story hotels within the Downtown Core district and to add language to the Specific Plan to clarify the intended use of a Minor Exception for building height, Stuart Fisk Recommendation: Adopt a resolution entitled: PC RESOLUTION NO. 2020-11 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 APPROVING ADDENDUM NO. 1 TO THE OLD TOWN SPECIFIC PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT (SCH NO. 2009071049)" PC RESOLUTION NO. 2020-12 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 APPROVING AMENDMENT NO. 9 TO THE OLD TOWN SPECIFIC PLAN (SP-5) (LONG RANGE PROJECT NO. LR20-0209)" Approved the Staff Recommendation (5-0): Motion by Watts, Second by Guerriero. The vote reflected unanimous approval. 3. Planning Application Number PA19-1524, a Conditional Use Permit modification to allow for extended hours of restaurant operations, including the hours for live indoor entertainment within the future Be Good Restaurant located at 28636 Old Town Front Street, Suite 109, Jaime Cardenas Recommendation: Adopt a resolution entitled: PC RESOLUTION NO. 2020-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA19-1524, A CONDITIONAL USE PERMIT MODIFICATION TO ALLOW FOR EXTENDED HOURS OF RESTAURANT OPERATIONS, INCLUDING THE HOURS FOR LIVE INDOOR ENTERTAINMENT WITHIN THE FUTURE BE GOOD RESTAURANT LOCATED AT 28636 OLD TOWN FRONT STREET, Planning Commission Action Minutes May 6, 2020 Page 3 SUITE 109, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Approved the Staff Recommendation with the amendment (5-0): Motion by Youmans, Second by Guerriero. The vote reflected unanimous approval. 4. Planning Application Number PA19-1281, a Conditional Use Permit application to allow a Type 42 (On-Sale Beer and Wine - Public Premises) ABC license and live indoor entertainment; and PA20-0449, a Public Convenience or Necessity application for an existing micro-brewery tasting room located at 28636 Old Town Front Street, Suite 103, Eric Jones Recommendation: Adopt a resolution entitled: PC RESOLUTION NO. 2020-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA19-1281, A CONDITIONAL USE PERMIT APPLICATION TO ALLOW A TYPE 42 (ON-SALE BEER AND WINE - PUBLIC PREMISES) ABC LICENSE AND LIVE INDOOR ENTERTAINMENT, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 922-034-036) PC RESOLUTION NO. 2020-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA20-0449, A PUBLIC CONVENIENCE OR NECESSITY APPLICATION TO MAKE FINDINGS OF PUBLIC CONVENIENCE OR NECESSITY FOR THE ADDITION OF A TYPE 42 ABC LICENSE (ONO-SALE BEER AND WINE) AT AN EXISTING MICRO-BREWERY TASTING ROOM LOCATED AT 28636 OLD TOWN FRONT STREET, SUITE 103, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APN 922-034-036) Approved the Staff Recommendation with the Amendment (5-0): Motion by Youmans, Second by Telesio. The vote reflected unanimous approval. COMMISSIONER REPORTS COMMISSION SUBCOMMITTEE REPORTS COMMUNITY DEVELOPMENT DIRECTOR REPORT Planning Commission Action Minutes May 6, 2020 Page 4 PUBLIC WORKS DIRECTOR REPORT ADJOURNMENT At 7:30 p.m., the Planning Commission meeting was formally adjourned to the next regular meeting of the Planning Commission to be held on Wednesday, May 20, 2020, at 6:00 p.m., in the Council Chambers located at 41000 Main Street, Temecula, California. _________________________________________ Lanae Turley-Trejo, Chairperson __________________________________________ Luke Watson, Director of Community Development ITEM 2 1 STAFF REPORT – PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: May 20, 2020 TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Director of Community Development PREPARED BY: Scott Cooper, Case Planner PROJECT SUMMARY: Planning Application No. PA20-0192, a Conditional Use Permit to allow for Antica Italia restaurant to obtain an ABC Type 47 License (On-Sale General – Eating Place) at 28475 Old Town Front Street RECOMMENDATION: Adopt a Resolution approving the project subject to Conditions of Approval CEQA: Categorically Exempt Section 15301, Class 1, Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Alessandro Prestifilippo General Plan Designation: Specific Plan Implementation (SPI) Zoning Designation: Specific Plan #5 (Old Town) Existing Conditions/ Land Use: Site: Existing Commercial Building / Specific Plan Implementation (SPI) North: Existing Commercial Building, Old Town Front Street / Specific Plan Implementation (SPI) South: Parking Lot / Specific Plan Implementation (SPI) East: Existing Commercial Building, Old Town Front Street / Specific Plan Implementation (SPI) West: Parking Lot / Specific Plan Implementation (SPI) 2 Existing/Proposed Min/Max Allowable or Required Lot Area: 0.31 Acres 0.08 Acres Minimum Total Floor Area/Ratio: N/A N/A Landscape Area/Coverage Parking Required/Provided: N/A N/A N/A N/A AFFORDABLE HOUSING Located in Affordable Housing Overlay Zone (AHOZ)? Yes No AHOZ Gain/Loss: N/A BACKGROUND SUMMARY On January 31, 2020, Alessandro Prestifilippo submitted Planning Application PA20-0192. The application is a Conditional Use Permit to allow for an ABC Type 47 License (On-Sale General – Eating Place). On May 20, 2015 a Modification (PA14-0188) to add approximately 6,657 square feet to an existing two-story retail/office commercial structure located at 28475 Old Town Front Street was approved by the Planning Commission. The restaurant associated with the proposed Conditional Use Permit is located in this building. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS The project site is an approximately 2,484 square foot commercial suite with an outdoor patio, located within the Downtown Core District of the Old Town Specific Plan. The proposed hours of operations are Monday through Sunday, 7:00 a.m. to 11:00 p.m. Live entertainment is not proposed as part of the application. The Conditional Use Permit will allow the restaurant to obtain a Type 47 (On–Sale General – Eating Place) License. This license will allow for beer, wine, and distilled s pirits to be served on the premises. Staff has confirmed with ABC that the Planning Commission does not make the finding of Public Convenience or Necessity application (PCN) for restaurants. ABC will process the findings of PCN upon approval of the Conditional Use Permit after the license application process has been initiated. The applicant must state their case in support of the PCN to ABC rather than to the local jurisdiction in the request of the license. Conditions of approval have been added to the Conditional Use Permit that requires a full menu be available at all hours that alcohol is served and that termination of alcohol sales shall be no less that one half hour prior to the closing for all nights of operation. 3 LEGAL NOTICING REQUIREMENTS The notice of the public hearing was published in the U-T San Diego on May 7, 2020 and mailed to the property owners within 600-foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1, Existing Facilities). The Conditional Use Permit will allow an existing restaurant within Old Town to obtain an ABC Type 47 (On-Sale General – Eating Place) License. The use is located within an existing structure. All access to public utilities are available to the site. The proposed use, with issuance of a Conditional Use Permit, is in conformance with all zoning requirements contained in the Development Code and Old Town Specific Plan. As a result, the conditional use represents a negligible expansion of the restaurant use. FINDINGS Conditional Use Permit (Development Code Section 17.04.010.E) The proposed conditional use is consistent with the General Plan and the Development Code. The business will operate as a full-service restaurant with the primary purpose of offering a full menu of food within an existing building. The proposed conditional use is consistent with the City of Temecula General Plan, which identifies that the site is located in the Specific Plan Implementation (SPI) land use category. The Development Code states that restaurants that serve distilled spirits are conditionally permitted uses. The sale of distilled spirits under a Type 47 (On-Sale General for a Bona Fide Public Eating Place) License would serve as an incidental use to the establishment’s operations. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. As conditioned, the proposed conditional use for a Type 47 (On -Sale General - Eating Place) License is compatible with the nature, condition and development of adjacent uses, buildings and structures because the surrounding area includes similar uses such as restaurants that serve distilled spirits. The proposed conditional use will not adversely affect the adjacent uses, buildings or structures because the surrounding buildings are designed for restaurant uses and the site is currently approved for a restaurant use. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. 4 The existing building has been approved for a restaurant use and is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission in order to integrate the use with other uses in the neighborhood. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project meets all the requirements of the Old Town Specific Plan, Development Code, Fire Code and the Building Code, which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the Director of Community Development, Planning Commission, or City Council on appeal. The decision to conditionally approve the application for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Planning Commission. ATTACHMENTS 1. Aerial Map 2. Plan Reductions 3. PC Resolution 4. Exhibit A - Draft Conditions of Approval 5. Statement of Operations 6. Notice of Exemption 7. Notice of Public Hearing PUJOL ST SIXTH STMIMSYWAYMERCEDES ST FIFTH STMORENORDOLD TO W N FRONT ST FOURTH STFELIXVALDEZAVE Project Site CITY OF TEMECULA PA20-0192 \Date Created: 3/12/2020 1:2,0001 inch = 167 feet 922-026-048 The map PA20-0192.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to updateand modification. The City of Temecula assumes no warranty or legal responsibility for the information contained on thismap. This map is not for reprint or resale. Visit the City of Temecula GIS online at https://temeculaca.gov/gis CFRWALTER RUSSELLALLENC2428805/31/21EXPIRESCALFATTESOINC E IL SEADTN I RO A ITHEC CFRWALTER RUSSELLALLENC2428805/31/21EXPIRESCALFATTESOINC E IL SEADTN IROA ITHEC PC RESOLUTION NO. 2020- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA20-0192, A CONDITIONAL USE PERMIT TO ALLOW FOR ANTICA ITALIA RESTAURANT TO OBTAIN AN ABC TYPE 47 LICENSE (ON-SALE GENERAL – EATING PLACE) AT 28475 OLD TOWN FRONT STREET, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On January 31, 2020, Alessandro Prestifilippo filed Planning Application No. PA20-0192 a Conditional Use Permit in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on May 20, 2020, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA20-0192, subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Conditional Use Permit hereby finds, determines and declares that: Conditional Use Permit, Development Code Section 17.04.010.E A. The proposed use is consistent with the General Plan and the Development Code. The business will operate as a full-service restaurant with the primary purpose of offering a full menu of food within an existing building. The proposed conditional use is consistent with the City of Temecula General Plan, which identifies that the site is located in the Specific Plan Implementation (SPI) land use category. The Development Code states that restaurants that serve distilled spirits are conditionally permitted uses. The sale of distilled spirits under a Type 47 (On-Sale General for a Bona Fide Public Eating Place) License would serve as an incidental use to the establishment’s operations. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. As conditioned, the proposed conditional use for a Type 47 (On-Sale General - Eating Place) License is compatible with the nature, condition and development of adjacent uses, buildings and structures because the surrounding area includes similar uses such as restaurants that serve distilled spirits. The proposed conditional use will not adversely affect the adjacent uses, buildings or structures because the surrounding buildings are designed for restaurant uses and the site is currently approved for a restaurant use. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the planning commission or council in order to integrate the use with other uses in the neighborhood. The existing building has been approved for a restaurant use and is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project meets all the requirements of the Old Town Specific Plan, Development Code, Fire Code and the Building Code, which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. E. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the Director of Community Development, Planning Commission, or City Council on appeal. The decision to conditionally approve the application for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Planning Commission. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Existing Facilities); The Conditional Use Permit will allow an existing restaurant within Old Town to obtain an ABC Type 47 (On-Sale General – Eating Place) License. The use is located within an existing structure. All access to public utilities are available to the site. The proposed use, with issuance of a Conditional Use Permit, is in conformance with all zoning requirements contained in the Development Code and Old Town Specific Plan. As a result, the conditional use represents a negligible expansion of the restaurant use. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA20-0192, a Conditional Use Permit to allow for Antica Italia restaurant to obtain an ABC Type 47 License (On-Sale General – Eating Place) at 28475 Old Town Front Street, and makes a finding of exemption under the California Environmental Quality Act (CEQA), subject to the Conditions of Approval 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 20th day of May, 2020. Lanae Turley-Trejo, Chairperson ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that t he forgoing PC Resolution No. 2020- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20th day of May, 2020, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: Luke Watson Secretary EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: Project Description: PA20-0192 A Conditional Use Permit to allow for Antica Italia restaurant to obtain an ABC Type 47 License (On-Sale General – Eating Place) at 28475 Old Town Front Street Assessor's Parcel No.: 922-026-048 N/A (no new grading) MSHCP Category: N/A (no new square footage) DIF Category: TUMF Category: Quimby Category: Approval Date: Expiration Date: N/A (no new square footage) N/A (non-residential) May 20, 2020 May 20, 2022 New Street In-lieu of Fee: N/A (not located within the Uptown Temecula Specific Plan area) PLANNING DIVISION Within 48 Hours of the Approval Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a cashier ’s check or money order made payable to the County Clerk in the amount of Fifty Dollars ($50.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/ developer has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Wildlife Code Section 711.4(c)). 1. General Requirements Expiration. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit. 2. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to three extensions of time, one year at a time. 3. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 4. Food Service. The bona fide public eating place shall serve a full menu at all hours that alcohol is served. 5. Statement of Operations. The applicant shall comply with their Statement of Operations dated January 28, 2020, on file with the Planning Division, unless a conflict exists between the Statement of Operations and these Conditions of Approval, in which case the Conditions of Approval control. 6. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City’s Development Code. 7. City Review and Modification of CUP. The City, its Director of Community Development, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Director of Community Development, Planning Commission and City Council is in addition to, and not in-lieu of, the right of the City, its Director of Community Development, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. 8. Posting of Local Transportation Providers. An 8.5” x 11” (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce at (951) 676-5090. 9. Termination of Alcohol Sales. The last call indicating the termination of the sale of alcohol shall be no less than one half (1/2) hour prior to closing for all nights of operation. 10. Hours of Operation. Hours of operation for the event shall be Monday thru Sunday from 7:00 a.m. to 11:00 p.m. 11. BUILDING AND SAFETY DIVISION General Requirements Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 12. Compliance with Code. All design components shall comply with applicable provisions of the most current edition of the California Building, Plumbing and Mechanical Codes; California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and Temecula Municipal Code as identified in Title 15 of the Temecula Municipal Code. 13. POLICE DEPARTMENT General Requirements Type 47 License. The applicant has applied for a Type 47 On-Sale General – Eating Place (Restaurant) which authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises and authorizes the sale of beer and wine for consumption off the licensed premises. Applicant must operate and maintain the licensed premises as a bona fide eating place. Minors are allowed on the premises. 14. Consumption of Alcoholic Beverages in Public Prohibited. The applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. 15. Ensure No Alcohol Sold or Consumed by Person Under the Age of 21. The applicant shall ensure that no alcohol is sold to or consumed by any person under the age of 21. 16. Identification Verification. Identification will be verified utilizing one of the following: (a) valid California driver’s license; (b) valid California identification card; (c) valid military identification card (active/reserve/retired/dependent); (d) valid driver’s license from any of the 50 States or Territories of the United States; (e) valid U.S. Passport; (f) valid government issued identification card issued by a Federal, State, County or City agency. 17. Acceptable Forms of Identification. As noted above, only a valid government issued identification card issued by a Federal, State, County or City agency is acceptable, providing it complies with Section 25660 of the Business and Profession Code (B&P), which includes the following requirements: (a) name of person; (b) date of birth; (c) physical description; (d) photograph; (e) currently valid (not expired). It is the responsibility of the business owner and any person who serves or sells alcohol to be aware of current laws and regulations pertaining to alcoholic beverages. 18. Section 303 (a) (PC). On-sale licensees may not: (a) employ hosts, hostesses, or entertainers who solicit others to buy them drinks, alcoholic or non-alcoholic; (b) pay or agree to pay such an employee a percentage of the receipts from the sales of drinks solicited; (c) permit any person whether an employee or not, to loiter for the purpose of soliciting an alcoholic drink. 19. Maintain Premises as a Bona Fide Eating Place. Type 41, 47 and 49 licensees must operate and maintain their licensed premises as a bona fide eating place. They must make actual and substantial sale of meals, during the normal meal hours that they are open, at least five days a week. Normal meal hours are: breakfast 6:00 a.m. – 9:00 a.m., lunch 11:00 a.m. – 2:00 p.m., and dinner 6:00 p.m. – 9:00 p.m. Premises that are not open five days a week must serve meals on the days they are open. The premises must be equipped and maintained in good faith. This means the premises must possess working refrigeration and cooking devices, pots, pans, utensils, table service, condiment dispensers, menus, posters, signs, and enough goods to make substantial meals. The premises must comply with all regulations of the local health department. Incidental, sporadic or infrequent sales of meals or a mere offering of meals without actual sales is not compliance. “Meals” means the usual assortment of food commonly ordered at various hours of the day. The service of only sandwiches or salads is not considered compliance. However, certain specialty entrees, such as pizza, fish or ribs, and an assortment of other foods, such as soups, salads or desserts, may be considered a meal. The Department will presume that a licensee is operating as a bona fide eating place if the gross sales of food prepared and sold to guests on the premises exceeds the gross sales of alcoholic beverages. “Prepared” means any processing preliminary to the final serving of food. (Note: Some licensees have a “conditional” license that requires food sales to be 50% or more of the total gross sales Sections 23038 and 23787 B&P). 20. No Alcohol Sales Between 2:00 am and 6:00 am. Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. Section 25631 B&P Code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00 a.m. Section 25632 B&P). Some ABC licenses have special conditi ons (restrictions) as to hours of sale that are stricter that the law. Those licenses are marked “Conditional” (23805 B&P). 21. Inspections. Police officers, sheriff’s deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer (Sections 25616, 25753, and 25755 B&P; 148 and 241 (b) PC). 22. Disorderly House. Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off sale) that: (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc.; and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premise includes the parking lot (Section 25601 B&P; 316 PC). 23. Entertainment Rules. On-sale licensees who offer entertainment must abide by the following rules: (1) No licensee shall permit any person to perform acts of or acts wh ich simulate; (a) sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law; (b) the touching, caressing or fondling on the breast, buttocks, anus or genitals; (c) the displaying of the pubic hair, anus, vulva or genitals; and (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of her or her genitals or anus (Rule 143.3 CCR. Also violates Section 311.6 PC if conduct is “obscene,” e.g. intercourse, sodomy, masturbation, etc.) 24. Under Number of Calls for Service. Licensees may not permit their licensed premises to be a problem for the local law enforcement agency by needing an undue number of calls for service. The licensed premise includes the parking lot (Sections 24200 (a) (B&P). 25. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. 26. Statement of Operations January 28, 2020 We are opening a full-service restaurant, bar, espresso bar and gelato counter in old town Temecula. We will be open 7 days a week from 7am-11pm. We will have approximately 15 employees We do not need private security. Estimated number of customers? We will not have any dedicated parking spaces for our restaurant. We will be serving both carry out food items as well as have a sit-down restaurant. We will be having a full bar. Planning\2020\PA20-0192 Antica Italia CUP\Planning\Public Hearing\PA20-0192 Notice of Exemption May 21, 2020 Ms. Rosemarie M. Anderson Supervising Legal Certification Clerk County of Riverside P.O. Box 751 Riverside, CA 92501-0751 SUBJECT: Filing of a Notice of Exemption for Planning Application No. PA20-0192, a Conditional Use Permit to allow for Antica Italia restaurant to obtain an ABC Type 47 License (On-Sale General – Eating Place) at 28475 Old Town Front Street Dear Ms. Anderson: Enclosed is the Notice of Exemption for the above referenced project. In addition, pursuant to Assembly Bill 3158 (Chapter 1706) please find a check in the amount of $50.00, for the County Administrative fee to enable the City to file the Notice of Exemption required under Public Resources Code Section 21152 and 14 California Code Regulations 1507. The City of Temecula is paying the $50.00 filing fee under protest. It is the opinion of the City that the administrative fee has been increased in a manner inconsistent with the provisions of State Law. Under Public Resources Code Section 21152 and 14 California Code Regulations 1507, the County is entitled to receive a $25.00 filing fee. Also, please return a stamped copy of the Notice of Exemption within five working days after the 35-day posting in the enclosed self-addressed stamped envelope. If you have any questions regarding this matter, please contact Scott Cooper at (951) 506-5137. Sincerely, Luke Watson Director of Community Development Enclosures: Check Copies of this letter (2) Self-addressed stamped envelope [ T y p e a q u o t e f r o m t h e d o c u m e n t o r t h e s u m m a r y o f a n i n t City of Temecula Community Development 41000 Main Street • Temecula, CA 92590 Phone (951) 694-6400 • Fax (951) 694-6477 • TemeculaCA.gov City of Temecula Community Development Planning Division Notice of Exemption TO: County Clerk and Recorders Office FROM: Planning Division County of Riverside City of Temecula P.O. Box 751 41000 Main Street Riverside, CA 92501-0751 Temecula, CA 92590 Project Title: Antica Italia (PA20-0192) Description of Project: A Conditional Use Permit to allow for Antica Italia restaurant to obtain an ABC Type 47 License (On-Sale General – Eating Place) Project Location: 28475 Old Town Front Street Applicant/Proponent: City of Temecula, County of Riverside The Planning Commission approved the above described project on May 20, 2020 and found that the project is exempt from the provisions of the California Environmental Quality Act, as amended. Exempt Status: (check one) Ministerial (Section 21080(b)(1); Section 15268); Declared Emergency (Section 21080(b)(3); Section 15269(a)); Emergency Project (Section 21080(b)(4); Section 15269(b)(c)); Statutory Exemptions (Section Number: ) Categorical Exemption: (Section Number 15301, Class 1, Existing Facilities) Other: Section 15162 Categorical Exemption Statement of Reasons Supporting the Finding that the Project is Exempt: The project meets all General Plan and Zoning policies and regulations. The project is proposing to obtain an ABC Type 47 License (On-Sale General – Eating Place). All access and public utilities are available to the site. The proposed use, with issuance of a Conditional Use Permit, is in conformance with all zoning requirements of the Development Code. Contact Person/Title: Scott Cooper, Associate Planner Phone Number: (951) 506-5137 Signature: Date: Luke Watson Director of Community Development Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: CASE NO: PA20-0192 APPLICANT: Alessandro Prestifilippo PROPOSAL: A Conditional Use Permit to allow for Antica Italia restaurant to obtain an ABC Type 47 License (On-Sale General – Eating Place) at 28475 Old Town Front Street ENVIRONMENTAL: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15301, Class 1, Existing Facilities) CASE PLANNER: Scott Cooper, (951) 506-5137 DATE OF HEARING: May 20, 2020 TIME OF HEARING: 6:00 p.m. PLACE OF HEARING: This meeting is being conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. The live stream of the meeting may be viewed on television and/or online. Details can be found at temeculaca.gov/tv. In accordance with Executive Order N-29-20, the public may only view the meeting on television and/or online and not in the Council Chamber. The complete agenda packet (including any supplemental materials) will be available for viewing on the City’s website – TemeculaCA.gov after 4:00 p.m. the Friday before the Planning Commission meeting. Due to the closure of the Library and other City Buildings and Facilities due to the COVID-19 pandemic, the complete agenda is only viewable on the City website at https://temeculaca.legistar.com/Calendar.aspx. For more information or have questions regarding this project, please contact Scott Cooper (951) 506-5137. 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. Submission of Public Comments: For those wishing to make public comments at the May 20, 2020 Planning Commission meeting, please submit your comments by email to be read aloud at the meeting by the Principal Management Analyst. Email comments must be submitted to Lynn Lehner at lynn.lehner@temeculaca.gov. Electronic comments on agenda items for the May 20, 2020 Planning Commission meeting may only be submitted via email and comments via text and social media (Facebook, Twitter, etc.) will not be accepted. Reading of Public Comments: The Principal Management Analyst shall read all email comments, provided that the reading shall not exceed three (3) minutes, or such other time as the Planning Commission may provide, consistent with the time limit for speakers at a Planning Commission meeting. The email comments submitted shall become part of the record of the Planning Commission meeting. Questions? Please call the Case Planner Scott Cooper at (951) 506-5137 or the Community Development Department at (951) 694-6400.