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'5 '3 .4$$%(#(*'% #'*(-&'% 'P'&%'0%( '2*(- *+( "-&6&'% $".*&6 "2 *+( '6(5'=1 )&%% "%3 0( 'P'&%'0%( 2"- P&()&6 " *+( 7&*3g. )(0.&*( '* +**$.WUU*(#(!4%'!'A%(6&.*'-A!"#U7'%(5'-A'.$O '* %('.* SE +"4-. $-&"- *" #((*&6A 2 3"4 +'P( \\4(.*&". -(6'-5&6 ' &*(# " *+( '6(5'1 $%('.( !"*'!* *+( 7"##4&*3 /(P(%"$#(* /($'-*#(* '* 9:;<= >:?@>?IIA ):J>(R ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA NOVEMBER 4, 2020 - 6:00 PM IMPORTANT NOTICE REGARDING THIS MEETING This meeting was 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. 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 at 6:00 PM: Chairperson Turley-Trejo FLAG SALUTE: Commissioner Watts ROLL CALL: Guerriero, Telesio (arrived 6:11 PM), Turley-Trejo, Watts, Youmans PUBLIC COMMENT The following individual(s) submitted an electronic comment on agendized item. Norman Nelson (3) CONSENT CALENDAR 1. Minutes Recommendation: Approve the Action Minutes of October 21, 2020 Approved the Staff Recommendation (3-0, Watts abstained; Telesio absent): Motion by Youmans, Second by Guerriero. The vote reflected unanimous approval with Watts abstaining and Telesio absent. 1 PUBLIC HEARING 2. Planning Application Number PA20-0566, a Conditional Use Permit to allow a proposed wedding and event center to sell beer, wine, and distilled spirits with a Type 47 License and offer live entertainment and making a finding of exemption under Section 15301 of the California Environmental Quality Act. The project is located 27535 Jefferson Avenue, Eric Jones Recommendation: Adopt a resolution entitled: PC RESOLUTION NO. 2020- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA20- 0566, A CONDITIONAL USE PERMIT TO ALLOW A PROPOSED WEDDING AND EVENT CENTER TO SELL BEER, WINE, AND DISTILLED SPIRITS AND OFFER LIVE ENTERTAINMENT WITH A TYPE 47 LICENSE, AND MAKING A FINDING OF EXEMPTION UNDER SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 909-240-023) Item continued and to be re-noticed to December 2, 2020. 3. Planning Application Number PA19-0081, a Development Plan application to allow for the construction of an approximately 27,514 square foot, three story building comprised of a congregate care facility, retail, and restaurant uses and making a finding that no further environmental review is required pursuant to Section 15162 of the California Environmental Quality Act. The project is generally located on the southwest corner of Village Road and Landings Road, Eric Jones Recommendation: Adopt a resolution entitled: PC RESOLUTION NO. 2020-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA19-0081, A DEVELOPMENT PLAN APPLICATION TO ALLOW FOR THE CONSTRUCTION OF AN APPROXIMATELY 27,514 SQUARE FOOT THREE-STORY BUILDING COMPRISED OF A CONGREGATE CARE FACILITY, RETAIL, AND RESTAURANT USES GENERALLY LOCATED ON THE SOUTHWEST CORNER OF VILLAGE ROAD AND LANDINGS ROAD AND MAKING A FINDING THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO SECTION 15162 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES (APN 916-371-018, 916-371-019, 916-371-020) Approved the Staff Recommendation (5-0): Motion by Telesio, Second by Watts. The vote reflected unanimous approval. 2 COMMISSIONER REPORTS COMMISSION SUBCOMMITTEE REPORTS COMMUNITY DEVELOPMENT DIRECTOR REPORT PUBLIC WORKS DIRECTOR REPORT ADJOURNMENT At 6:33 PM, the Planning Commission meeting was formally adjourned to Wednesday, November 18, 2020, at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Lanae Turley-Trejo, Chairperson Luke Watson, Director of Community Development 3 ACTION MINUTES TEMECULA PLANNING COMMISSION SPECIAL MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA NOVEMBER 9, 2020 - 10:00 AM IMPORTANT NOTICE REGARDING THIS MEETING This meeting was 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. 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 at 10:00 AM: Chairperson Turley-Trejo FLAG SALUTE: Commissioner Guerriero ROLL CALL: Guerriero, Telesio, Turley-Trejo, Watts, Youmans (arrived: 10:07 AM) PUBLIC COMMENT The following individual(s) submitted an electronic comment on an agendized item. Lawrence A. Nordstrom, RLA, ASLA, Harveston resident (1) Paul Manger, Harveston resident (1) PUBLIC HEARING 1. Planning Application Nos. PA18-0659, a General Plan Amendment to amend the underlying General Plan Land Use Service Commercial designation on a portion of Planning Area 12 of the Harveston Specific Plan to a Specific Plan Implementation (SPI) Land Use; and PA18-0660, a Specific Plan Amendment to the Harveston Specific Plan including a residential overlay on an 1 87.54-acre portion of Planning Area 12 that would allow the future development of a maximum of 1,000 residential units, new development standards and design guidelines for future projects developed within the residential overlay, and a new architectural style allowed for multifamily development, Scott Cooper Recommendation: Adopt resolutions entitled: PC RESOLUTION NO. 2020-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFY THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT, ADOPT FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM FOR AMENDMENT NO. 2 TO THE HARVESTON SPECIFIC PLAN (SP 13) (PA18-0660) PC RESOLUTION NO. 2020-37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL AD CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A GENERAL PLAN AMENDMENT APPLICATION TO REVISE THE GENERAL PLAN LAND USE DESIGNATION FOR THE PARCELS WITHIN THE RESIDENTIAL OVERLAY OF PLANNING AREA 12 OF THE HARVESTON SPECIFIC PLAN FROM SERVICE COMMERCIAL TO A SPECIFIC PLAN IMPLEMENTATION (SPI) LAND USE (PA18- PC RESOLUTION NO. 2020-38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION EN CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AMENDMENT NO. 2 TO THE HARVESTON SPECIFIC PLAN (SP 13) (PA18- Approved the Staff Recommendation (5-0): Motion by Watts, Second by Youmans. The vote reflected unanimous approval. COMMISSIONER REPORTS COMMUNITY DEVELOPMENT DIRECTOR REPORT 2 PUBLIC WORKS DIRECTOR REPORT ADJOURNMENT At 11:10 AM, the Special Planning Commission meeting was formally adjourned to Wednesday, November 18, 2020, at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Lanae Turley-Trejo, Chairperson Luke Watson, Director of Community Development 3 STAFF REPORT PLANNING CITY OF TEMECULA PLANNING COMMISSION Planning Commission Chairperson and members of the Planning TO: Commission Luke Watson, Director of Community Development FROM: December 2, 2020 DATE OF MEETING: Eric Jones, Case Planner PREPARED BY: PROJECT Planning Application Number PA20-0566, a Conditional Use Permit SUMMARY: to allow a proposed wedding and event center to sell beer, wine, and distilled spirits with a Type 47 License and offer live entertainment and convert the use into a bona fide eating establishment at a future date and making a finding of exemption under Section 15301 of the California Environmental Quality Act. The project is located 27535 Jefferson Avenue. Adopt a Resolution approving the project subject to Conditions of RECOMMENDATION: Approval Categorically Exempt CEQA: Section 15301, Class 1, Existing Facilities PROJECT DATA SUMMARY Steve Rawlings Name of Applicant: General Plan Specific Plan Implementation (SPI) Designation: Specific Plan No. 14 (Uptown Temecula) Zoning Designation: Existing Conditions/ Land Use: Site: Existing Commercial Structure/Specific Plan Implementation (SPI) North: Existing Commercial/Specific Plan Implementation (SPI) 1 South: Overland Drive, Existing Commercial/Specific Plan Implementation (SPI) East: Existing Commercial, Jefferson Avenue/Specific Plan Implementation (SPI) West: Existing Commercial/Specific Plan Implementation (SPI) Existing/Proposed Min/Max Allowable or Required N/A N/A Lot Area: N/A N/A Total Floor Area/Ratio: N/A N/A Landscape Area/Coverage: N/A N/A Parking Provided/Required: AFFORDABLE HOUSING Located in Affordable Housing Overlay Zone (AHOZ)? Yes No AHOZ Gain/Loss: N/A BACKGROUND SUMMARY On May 1, 2020, Steve Rawlings, submitted Planning Application PA20-0566, a Conditional Use Permit (CUP) to allow a proposed wedding and event center located 27535 Jefferson Avenue to obtain a California Alcoholic Beverage Control Type 47 License (On-Sale General - Eating Place) and allow for live entertainment. A wedding and event center is a permitted use under the Uptown Temecula Specific Plan. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS The Conditional Use Permit will allow the applicant to obtain a Type 47 (On-Sale General Eating Place) License. The Type 47 License will allow for the sale of beer, wine, and distilled spirits. Minors are allowed on-site with this license type. Staff has confirmed with the California Department of Alcoholic Beverage Control (ABC) that a Type 47 License is the appropriate license type for this proposed use. This is because ABC has determined that business will operate similar to a bona fide eating establishment during events. The applicant has stated that food service will be required for every event offering the consumption of alcohol. The facility intends to be operational seven days a week from 6:00 AM to 12:00 AM. The applicant also proposes live entertainment consisting of DJs with dancing for event guests. Live 2 entertainment is requested from noon to midnight. All entertainment will be performed indoors on the areas shown on the attached site plan. According to the California Department of Alcoholic Beverage Control (ABC), three On-Sale Currently, eighty-three active licenses exist within the tract. ABC will process Findings of Public Convenience or Necessity (PC or N) since the business will be classified as a bona fide eating establishment. The applicant has expressed interest in converting the wedding/event center into a traditional restaurant (bona fide eating establishment) once COVID-19 restrictions have been officially lifted. The Type-47 License pursued for this CUP can be applied to any future restaurant establishment. This license Type has been identified by ABC as being appropriate for restaurants intending to serve beer, wine, and distilled spirits. A condition of approval has been placed on the project to ensure the use is not open to the public while it is operating as a wedding/event center. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the SD Union Tribune on November 19, 2020 and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1, Existing Facilities). The Conditional Use Permit for a California Alcoholic Beverage Control Type 47 License and live entertainment involves the negligible expansion of the existing use. Wedding/event centers are a permitted use at the project site. Type 47 Licenses and live entertainment are also permitted uses upon the approval of a Conditional Use Permit. In addition, the live entertainment and alcohol service will only occur indoors and during limited hours. Finally, there will not be any physical changes to the structure or site as part of this application. As such, this project represents no expansion of the structure, site, or allowable uses. 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 proposed conditional use is consistent with the City of Temecula General Plan, which specifies Specific Plan Implementation (SPI) for this site, and conditionally allows establishments to operate with a Type 47 (On-Sale General Eating Place) and live entertainment. In addition, the project is in conformance with the Uptown Temecula Specific Plan because this document allows the proposed use upon approval of a Conditional Use Permit. The project will continue to be consistent with the General Plan, Development Code, and Uptown Specific Plan if the use is 3 converted to a restaurant in the future because restaurants are permitted uses. The Conditional Use Permit for a Type-47 License with live entertainment can be applied to any future restaurant use at the project location. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The business will operate within an existing building. As conditioned, the proposed Conditional Use Permit for a Type 47 (On-Sale General Eating Place) and live entertainment is compatible with the nature, condition and development of adjacent uses, buildings and structures because the surrounding area includes similar uses where people congregate such as a hookah lounge and bowling alley. The proposed conditional use will not adversely affect the adjacent uses, buildings or structures even if it is converted to a restaurant. This is because the proposed use will be conducted within a building designed for such uses and because restaurants serving alcohol and offering live entertainment are permitted upon the approval of a Conditional Use Permit. With regard to live entertainment, the entertainment will only be conducted indoors. 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 was constructed in conformance with the Building Code, and Fire Code. Therefore, the site for the 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 Uptown Temecula Specific Plan and Development Code and required by the Planning Commission in order to integrate the use with other uses in the neighborhood. This will continue to hold true if the use is converted to a restaurant in the future. In addition, the live entertainment and alcohol service will only occur indoors. 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 Development Code, Fire Code and the Building Code, which provide safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. This will continue to hold true if the use is converted to a restaurant in the future. 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. 4 1. Vicinity Map ATTACHMENTS: 2. Plan Reductions 3. PC Resolution 4. Exhibit A - Draft Conditions of Approval 5. Statement of Operations/Menu 6. Notice of Public Hearing 7. Draft Notice of Exemption for County Clerk 5 909-240-023 PA20-0566 CITY OF TEMECULA 15 " !$ # Project Site 1 inch = 200 feet1:2,400 0200400Feet \\ Date Created: 10/2/2020 The map PA20-0566.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to update and modification. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. This map is not for reprint or resale. Visit the City of Temecula GIS online at https://temeculaca.gov/gis PC RESOLUTION NO. 2020- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA20-0566, A CONDITIONAL USE PERMIT TO ALLOW A PROPOSED WEDDING AND EVENT CENTER TO SELL BEER, WINE, AND DISTILLED SPIRITS WITH A TYPE 47 LICENSE AND OFFER LIVE ENTERTAINMENT AND CONVERT THE USE INTO A BONA FIDE EATING ESTABLISHMENT AT A FUTURE DATE AND MAKING A FINDING OF EXEMPTION UNDER SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 909-240-023) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On May 1, 2020, Steve Rawlings filed Planning Application No. PA20-0566, a Conditional Use Permit Application in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on December 2, 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. PA20-0566 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Conditional Use Permit, Development Code Section 17.04.010.E A. The proposed conditional use is consistent with the General Plan and Development Code. The proposed conditional use is consistent with the City of Temecula General Plan, which specifies Specific Plan Implementation (SPI) for this site, and conditionally allows establishments to operate with a Type 47 (On-Sale General Eating Place) and live entertainment. In addition, the project is in conformance with the Uptown Temecula Specific Plan because this document allows the proposed use upon approval of a Conditional Use Permit. The project will continue to be consistent with the General Plan, Development Code, and Uptown Specific Plan if the use is converted to a restaurant in the future because restaurants are permitted uses. The Conditional Use Permit for a Type-47 License with live entertainment can be applied to any future restaurant use at the project location. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The business will operate within an existing building. As conditioned, the proposed Conditional Use Permit for a Type 47 (On-Sale General Eating Place) and live entertainment is compatible with the nature, condition and development of adjacent uses, buildings and structures because the surrounding area includes similar uses where people congregate such as a hookah lounge and bowling alley. The proposed conditional use will not adversely affect the adjacent uses, buildings or structures even if it is converted to a restaurant. This is because the proposed use will be conducted within a building designed for such uses and because restaurants serving alcohol and offering live entertainment are permitted upon the approval of a Conditional Use Permit. With regard to live entertainment, the entertainment will only be conducted indoors. 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 was constructed in conformance with the Building Code, and Fire Code. Therefore, the site for the 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 Uptown Temecula Specific Plan and Development Code and required by the Planning Commission in order to integrate the use with other uses in the neighborhood. This will continue to hold true if the use is converted to a restaurant in the future. In addition, the live entertainment and alcohol service will only occur indoors. 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 Development Code, Fire Code and the Building Code, which provide safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. This will continue to hold true if the use is converted to a restaurant in the future. 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 Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1, Existing Facilities) The Conditional Use Permit for a California Alcoholic Beverage Control Type 47 License and live entertainment involves no expansion or negligible expansion of the existing use. Wedding/event centers are a permitted use at the project site. Type 47 Licenses and live entertainment are also permitted uses upon the approval of a Conditional Use Permit. In addition, the live entertainment will only occur indoors and during limited hours. Finally, there will not be any physical changes to the structure or site as part of this application. As such, this project represents no expansion of the structure, site, or allowable uses. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA20-0566, a Conditional Use Permit to allow a proposed wedding and event center to sell beer, wine, and distilled spirits with a Type 47 License and offer live entertainment and making a finding of exemption under Section 15301 of the California Environmental Quality Act, 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 nd this 2 day of December, 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 the forgoing PC Resolution No. 2020- was duly and regularly adopted by the Planning nd Commission of the City of Temecula at a regular meeting thereof held on the 2 day of December 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.: PA20-0566 Temecula Weddings and Event Center Conditional Use Permit: a Project Description: Conditional Use Permit to allow a proposed wedding and event center to sell beer, wine, and distilled spirits with a Type 47 License and offer live entertainment and convert the use into a bona fide eating establishment at a future date and making a finding of exemption under Section 15301 of the California Environmental Quality Act. The project is located 27535 Jefferson Avenue. 909-240-023 Assessor's Parcel No.: N/A (No New Grading or Square Footage) MSHCP Category: N/A (No New Square Footage) DIF Category: TUMF Category: Per WRCOG Requirements Quimby Category: N/A (Non-Residential Project) New Street In-lieu of Fee: N/A (No New Square Footage) Approval Date: December 2, 2020 Expiration Date: December 2, 2022 PLANNING DIVISION Within 48 Hours of the Approval 1. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a cashiers 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)). General Requirements 2. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 3. Expiration. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the two year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit. A modification made to an approved development plan does not affect the original approval date of a development plan. 4. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to five extensions of time, one year at a time. A modification made to an approved development plan does not affect the original approval date of a development plan. 5. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 14 (Uptown Temecula). 6. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 7. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 8. Bona Fide Eating Place. Type 47 (On Sale General) licensees must operate and maintain their licensed premises as a bona fide eating place. The on-site sales and consumption of alcohol are an incidental and ancillary use to the restaurant use. A licensee is presumed to be operating as a bona fide eating place if the quarterly gross sales of food prepared and sold to guests on the premises exceeds the gross sales of alcoholic beverages for the same period. The licensee shall at all times maintain records which reflect separately the gross sales of food and the gross sale of alcoholic beverages on the licensed premises. The records shall be kept no less frequently than on a quarterly basis and shall be made available to the City, or its designee, upon demand. A full menu shall be available for order during all hours that alcohol is served. The premises where the licensee operates must possess a full restaurant kitchen facility containing conveniences for cooking such as a working refrigerator and cooking devices. The premises must offer sit down meal service and food menus. "Meals" means the usual assortment of food commonly ordered at various hours of the day. The service of only sandwiches or salads is not considered compliance with the requirement to provide meals. The premises must comply with all regulations of the health department. 9. Food Service. The bona fide public eating place shall serve a full menu at all hours that alcohol is served. 10. Statement of Operations. The applicant shall comply with their Statement of Operations dated August 20, 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. 11. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section s Development Code. 12. 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. 13. Posting of Local Transportation Providers 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. 14. Future Bona Fide Eating Establishment. The use can be converted to a bona fide eating establishment (restaurant) while utilizing the Type-47 ABC License pursued for this CUP. 15. General. The facility shall only be utilized for scheduled events and not open to the public when operating as a wedding and event center. In addition, alcohol shall only be served with meals during scheduled weddings and events. At no time shall alcohol be served separately without meals during weddings and events. 17. Live Entertainment. All live entertainment shall be conducted indoors. Exterior windows and doors must be closed during live entertainment performances. Live entertainment shall only be conducted from noon until midnight. 18. 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. BUILDING AND SAFETY DIVISION General Requirements 19. 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. 20. 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. 21. ADA Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. Disabled access from the public way to the main entrance of the building. b. Van accessible parking located as close as possible to the main entrance of the building. c. Accessible path of travel from parking to the furthest point of improvement. d. Path of accessibility from parking to furthest point of improvement. e. Accessible path of travel from public right-of-way to all public areas on site, such as trash enclosures, clubhouses, and picnic areas. 22. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. All exterior LED light fixtures shall be 3,000 kelvin or below. 23. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 24. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Solid covers are required over new and existing trash enclosures. 25. Demolition. Demolition permits require separate approvals and permits. 26. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. 27. Protection of drains and penetration. Protection of joints and penetrations in fire resistance-rated assemblies shall not be concealed from view until inspected for all designed fire protection. Required fire seals/fire barriers in fire assemblies at fire resistant penetrations shall be installed by individuals with classification or certification covering the installation of these systems. Provide certification for the installation of each area and certification of compliance for Building Official's approval. FIRE PREVENTION General Requirements 28. Fire Requirement. Fire hood extinguishing plans shall be submitted to the Fire Prevention Bureau for approval For any changes to the existing cooking equipment, Three sets of hood extinguishing plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. Prior to Issuance of Building Permit(s) 29. Required Submittals (Fire Sprinkler Systems). Fire sprinkler tenant improvement plans shall be submitted to the Fire Prevention Bureau for approval for any changes to the existing fire sprinkler system. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. 30. Required Submittals (Fire Alarm Systems). Fire alarm tenant improvement plans shall be submitted to the Fire Prevention Bureau for approval for any changes to the fire alarm system. Additional devices may be required based on occupant loads. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. Prior to Issuance of Certificate of Occupancy 31. Addressing. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial, multi-family residential and industrial buildings shall have a minimum of 12-inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of 6-inch high letters and/or numbers on both the front and rear doors. Single family residences and multi-family residential units shall have 4-inch letters and/or numbers, as approved by the Fire Prevention Bureau (CFC Chapter 5 and City Ordinance 15.16.020). 32. Knox Box--Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5). POLICE DEPARTMENT General Requirements 33. 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. 34. 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. 35. 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. 36. Identification Verification. Identification will be verified utilizing one of the following: (a) valid 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. 37. 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. 38. 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. 39. Undue 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 (Section 24200 (a)(B&P). 40. Maintain Premises as a Bona Fide Eating Place. Type 47 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 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 processing preliminary to the final serving of food. (Note: Some licensees have a food sales to be 50% or more of the total gross sales Sections 23038 and 23787 B&P). 41. No Alcohol Sales Between 2:00 am and 6:00 am. Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. Section 25631 B&P Code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00 a.m. Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of 42. Inspectionss 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). 43. 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). 44. Employee Training for Identification Checks. The applicant shall ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. The Temecula Police Department provides free training for all employers and employees involved in the service and sales of alcoholic beverages. It is the responsibility of the applicant to set up a training session for all new employees. Contact the Crime Prevention and Plans Unit at (951) 506-5132 to set up a training date. Training must be completed prior to the grand opening of this business and periodic updated training when new employees/ management are hired. 45. Entertainment Rules. On-sale licensees who offer entertainment must abide by the following rules: (1) No licensee shall permit any person to perform acts of or acts which simulate; (a) sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law; (b) the touching, caressing or fondling on the breast, buttocks, anus or genitals; (c) the displaying of the pubic hair, anus, vulva or genitals; and (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of her or her genitals or anus (Rule 143.3 CCR. Also violates Section 311.6 PC if conduct is 46. 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. Project Narrative/Statement of Operations Temecula Wedding and Events Center 27535 Jefferson Ave., Temecula, CA November 10, 2020 Proposed Use: A Conditional Use Permit to allow for an events center offering live entertainment with the service of beer, wine and distilled spirits for on-site consumption (ABC Type 47 License) within an existing space that has full commercial kitchen that may also operate as a restaurant in the future. Events to include business and non-profit breakfasts, lunches and dinners as well as birthday and retirement parties and weddings. All activity will be inside as there are no patios. There are 717 existing parking spaces that are shared with all tenants in the shopping center. Hours of Operation: 6:00 am 12:00 am (midnight) daily Alcohol Service: Alcohol would be served from a portable bar or by server delivering drinks to tables. Live Entertainment: Live entertainment will occur on Fridays Sunday only. There is no stage. The attached Floor Plan shows the two typical locations for the live entertainers to perform. Approximate Employees Per Shift: 5 15 Menu: See Attached Employee Training: All servers will be required to have a certificate of completion of an ABC approved Responsible Beverage Service training class. Dijdlfo!Nbejfsb Dibsepoobz!Dijdlfo Qbolp!Dijdlfo Spbtufe!Tbmnpo Hsjmmfe!Usj!Ujq Csbjtfe!Tipsu!Sjct Gjmfu!Njhopo Ofx!Zpsl!Tusjq!Spbtu Nbtife!Qpubupft Mpbefe!Nbtife!Qpubupft Bv!Hsbujo!Qpubupft Hbsmjd!Sfe!Qpubupft Sjdf!Qjmbg Xjme!Sjdf Jubmjbo!Hsffo!Cfbot Spbtufe!Btqbsbhvt Wfhfubcmf!Nboibuubo Spbtufe!Cbcz!Dbssput Qpsupcfmmp!Nvtisppn ,!HG-!Wfhfubsjbo!'!Wfhbo!, Dijdlfo!Qsjnjwfsb ,!HG!, Fhhqmbou!Qbsnftbo ,!Wfhfubsjbo!, 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: PA20-0566 APPLICANT: Steve Rawlings PROPOSAL: A Conditional Use Permit to allow a proposed wedding and event center to sell beer, wine, and distilled spirits with a Type 47 License and offer live entertainment and convert the use into a bona fide eating establishment at a future date and making a finding of exemption under Section 15301 of the California Environmental Quality Act. The project is located at 27535 Jefferson Avenue. 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 State CEQA Guidelines Section 15301, Existing Facilities. CASE PLANNER: Eric Jones, (951) 506-5115 DATE OF HEARING: December 2, 2020 TIME OF HEARING: 6:00 PM 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. 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 Eric Jones at (951) 506-5115. 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 this Planning Commission meeting, please submit your comments by email to be read aloud at the meeting by the Planning Manager. Email comments must be submitted to the Planning Manager at stuart.fisk@temeculaca.gov. Electronic comments on agenda items for this 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 Planning Manager shall read all email comments, provided that the reading shall not exceed three (3) minutes, or such other time as the Commission may provide, consistent with the time limit for speakers at a Commission meeting. The email comments submitted shall become part of the record of the Planning Commission meeting. Questions? Please call the Community Development Department at (951) 694-6400. City of Temecula Community Development Phone (951) 694- December 5, 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 Number PA20-0566, a Conditional Use Permit to allow a proposed wedding and event center to sell beer, wine, and distilled spirits with a Type 47 License and offer live entertainment and convert the use into a bona fide eating establishment at a future date and making a finding of exemption under Section 15301 of the California Environmental Quality Act. The project is located 27535 Jefferson Avenue. 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 30- day posting in the enclosed self-addressed stamped envelope. If you have any questions regarding this matter, please contact Eric Jones at (951) 506-5115. Sincerely, Luke Watson Director of Community Development Enclosures: Check Copies of this letter (2) Self-addressed stamped envelopes (2) 1 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: Temecula Wedding and Event Center (PA20-5115) Description of Project: A Conditional Use Permit to allow a proposed wedding and event center to sell beer, wine, and distilled spirits with a Type 47 License and offer live entertainment and convert the use into a bona fide eating establishment at a future date and making a finding of exemption under Section 15301 of the California Environmental Quality Act. Project Location: 27535 Jefferson Avenue Applicant/Proponent: Steve Rawlings The Planning Commission approved the above described project on November 4 and found that the project is exempt from the provisions of the California Environmental Quality Act, as amended. Exempt Status: (check one) Ministerial (Section 21080(b)(1); Section 15268); Declared Emergency (Section 21080(b)(3); Section 15269(a)); Emergency Project (Section 21080(b)(4); Section 15269(b)(c)); Statutory Exemptions (Section Number: ) Categorical Exemption: (Section 15301, Class 1,) Other: Section 15162 Categorical Exemption Statement of Reasons Supporting the Finding that the Project is Exempt: The Conditional Use Permit for a California Alcoholic Beverage Control Type 47 License and live entertainment involves no expansion or negligible expansion of the existing use. Wedding/event centers are a permitted use at the project site. Type 47 Licenses and live entertainment are also permitted uses upon the approval of a Conditional Use Permit. In addition, the live entertainment will only occur indoors and during limited hours. Finally, there will not be any physical changes to the structure or site as part of this application. As such, this project represents no expansion of the structure, site, or allowable uses. Contact Person/Title: Eric Jones, Associate Planner Phone Number (951) 506-5115 Signature: Date: Luke Watson, Director of Community Development Date received for filing at the County Clerk and Recorders Office: