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HomeMy WebLinkAbout03152023 PC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title 11]. AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA MARCH 15, 2023 - 6:00 PM CALL TO ORDER: Chair Lanae Turley-Trejo FLAG SALUTE: Vice -Chair Bob Hagel ROLL CALL: Hagel, Ruiz, Solis, Turley-Trejo, Watts PUBLIC COMMENT A total of 30 minutes is provided for members of the public to address the Commission on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the Commission Secretary or by submitting an email to be included into the record at the meeting. Email comments must be submitted to PlanningCommission@temeculaca.gov. Speaker cards for in -person comments will be called in the order received by the Commission Secretary. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the Commission request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the Commission on items that appear on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the Commission Secretary or by submitting an email to be included into the record at the meeting. Email comments must be submitted to PlanningCommission@temeculaca.gov. Speaker cards for in -person comments will be called in the order received by the Commission Secretary. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 1. Minutes Recommendation: Approve the action minutes of March 1, 2023 Attachments: Action Minutes Page 1 Planning Commission Agenda March 15, 2023 PUBLIC HEARING Any person may submit written comments to the Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the Commission Secretary at, or prior to, the public hearing. For public hearings each speaker is limited to 5 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the Commission Secretary or by submitting an email to be included into the record at the meeting. Email comments must be submitted to PlanningCommission@temeculaca.gov. Email comments on all matters, including those not on the agenda, must be received prior to the time the item is called for public comments. Any person dissatisfied with a decision of the Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision. The appeal must be filed on the appropriate Community Development Department form and be accompanied by the appropriate filing fee. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 2. Planning Application Number PA22-1052, a Modification to a Conditional Use Permit to allow an existing hotel with a restaurant to revise its alcohol license from a Type 70 to a Type 47. The project is located at 28210 Jefferson Avenue, Eric Jones Recommendation: Adopt a resolution entitled: PC RESOLUTION NO. 2023- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA23-1052, A MODIFICATION TO A CONDITIONAL USE PERMIT ALLOW AN EXISTING HOTEL TO REVISE THEIR ALCOHOL LICENSE FROM A TYPE-70 TO A TYPE-47 AT 28210 JEFFERSON AVENUE, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 921-060-056) Attachments: Agenda Report Vicinity Map PC Resolution Exhibit A - Draft Conditions of Approval Exhibit B - Statement of Operations Notice of Public Hearing Notice of Exemption for County Clerk COMMISSIONER REPORTS COMMISSION SUBCOMMITTEE REPORTS Page 2 Planning Commission Agenda March 15, 2023 COMMUNITY DEVELOPMENT DIRECTOR REPORT PUBLIC WORKS DIRECTOR REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be held on Wednesday, April 5, 2023, at 6:00 p.m., in the Council Chambers located at 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The full agenda packet (including staff reports and any supplemental material available after the original posting of the agenda), distributed to a majority of the Planning Commission regarding any item on the agenda, will be available for public viewing in the main reception area of the Temecula Civic Center during normal business hours at least 72 hours prior to the meeting. The material will also be available on the City's website at TemeculaCa.gov. and available for review at the respective meeting. If you have questions regarding any item on the agenda, please contact the Community Development Department at (951) 694-6444. Page 3 Item No. 1 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA MARCH 1, 2023 - 6:00 PM CALL TO ORDER at 6:00 PM: Chair Lanae Turley-Trejo FLAG SALUTE: Commissioner Adam A. Ruiz ROLL CALL: Hagel, Ruiz, Solis, Turley-Trejo, Watts PUBLIC COMMENT - None CONSENT CALENDAR 1. Minutes Recommendation: Approve the action minutes of February 1, 2023 and February 15, 2023. Approved the Staff Recommendation (5-0): Motion by Ruiz, Second by Watts. The vote reflected unanimous approval. 2. Adopt Resolution Affirming the Decision of Administrative Law Judge Nye -Perkins to Revoke the Conditional Use Permit Issued to The Bank Recommendation: That the Planning Commission adopt a resolution affirming the decision of Administrative Law Judge Nye -Perkins to revoke the conditional use permit issued to The Bank, located at 28645 Old Town Front Street Temecula. PC RESOLUTION NO. 2023-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA CONFIRMING THE DECISION OF ADMINISTRATIVE LAW JUDGE NYE-PERKINS TO REVOKE THE CONDITIONAL USE PERMIT ISSUED TO THE BANK, LOCATED AT 28645 OLD TOWN FRONT STREET Approved the Staff Recommendation (5-0): Motion by Solis, Second by Watts. The vote reflected unanimous approval. BUSINESS 3. Receive and File Budget Engagement Session 1 Recommendation: That the Commission receive and file the budget engagement session and provide general recommendations regarding the same. Received and file only, no action. 4. General Plan Consistency Review for an Amendment to the Fiscal Years 2023-27 Capital Improvement Program (LR23-0042), Katie Garcia Recommendation: Adopt a resolution entitled: PC RESOLUTION NO. 2023-05 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA MAKING A FINDING OF CONSISTENCY WITH THE GENERAL PLAN FOR THE AMENDMENT OF THE FISCAL YEARS 2023-2027 CAPITAL IMPROVEMENT PROGRAM ("CIP") TO ADD ONE PROJECT TO THE CAPITAL IMPROVEMENT PROGRAM AND MAKE A FINDING OF EXEMPTION UNDER SECTION 15378(B)(4) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") (LONG RANGE PLANNING PROJECT NO. LR23-0042) Approved the Staff Recommendation (5-0): Motion by Watts, Second by Hagel. The vote reflected unanimous approval. COMMISSIONER REPORTS COMMUNITY DEVELOPMENT DIRECTOR REPORT PUBLIC WORKS DIRECTOR REPORT ADJOURNMENT At 7:12 PM, the Planning Commission meeting was formally adjourned to Wednesday, March 15, 2023, at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Lanae Turley-Trejo, Chair Luke Watson, Deputy City Manager 2 Item No. 2 STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Deputy City Manager DATE OF MEETING: March 15, 2023 PREPARED BY: Eric Jones, Case Planner PROJECT SUMMARY: Planning Application Number PA22-1052, a Modification to a Conditional Use Permit to allow an existing hotel with a restaurant to revise its alcohol license from a Type 70 to a Type 47. The project is located at 28210 Jefferson Avenue. RECOMMENDATION: Adopt a Resolution approving the project subject to Conditions of Approval CEQA: Categorically Exempt Section 15301, Class 1, Existing Facilities Section 15061 (b)(3) PROJECT DATA SUMMARY Name of Applicant: Anthony Yang General Plan Designation: SPI (Specific Plan Implementation) Zoning Designation: SP-14 (Uptown Temecula Specific Plan) Existing Conditions/ Land Use: Site: Existing Hotel / Specific Plan Implementation (SPI) North: Existing Commercial / Specific Plan Implementation (SPI) South: Vacant Lot / Specific Plan Implementation (SPI) East: Existing Hotel / Specific Plan Implementation (SPI) West: Jefferson Avenue, Existing Commercial / Specific Plan Implementation Existing/Proposed Min/Max Allowable or Required Lot Area: 1.12 Acres Existing 0.22 Acres Total Floor Area/Ratio: N/A N/A Landscape Area/Coverage: N/A N/A Parking Provided/Required: N/A N/A AFFORDABLE/WORKFORCE HOUSING Located in Housing Element Vacant Sites Inventory? ❑ Yes ® No Located in Affordable Housing Overlay Zone (AHOZ)? ® Yes ❑ No AHOZ Gain/Loss: +/- 0 Units BACKGROUND SUMMARY On November 7, 2022, Anthony Yang submitted Planning Application PA22-1052. The applicant seeks to allow an existing hotel to convert their current Type-70 Alcoholic Beverage Control License (On -Sale General — Restrictive Service) to a Type-47 (On -Sale General - Eating Place). The Type-70 license was originally approved by the Planning Commission on January 20, 2021. 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 Hilton Garden Inn is an existing 104 room hotel with a restaurant and bar along Jefferson Avenue in the Uptown Specific Plan. The applicant is pursuing a California Alcoholic Beverage Control Type-47 License (On -Sale General — Eating Place). The current Type-70 License only permits alcohol service to hotel guests. The applicant intends to offer alcohol at the hotel's restaurant and to bar guests via the Type-47 license. Hours of operations for the restaurant and bar are 3:00 P.M. until midnight. Alcohol can continue to be purchased by hotel guests as part of room service for consumption in their room during normal restaurant and bar operating hours. Live entertainment is not proposed as part of this application. The California Department of Alcoholic Beverage Control will process Public Convenience and Necessity Findings for the project since the Type-47 license will be for a bona fide eating establishment. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in The Press -Enterprise on March 2, 2023, and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review pursuant to Section 15301, Class 1, Existing Facilities and Section 15061(b)(3). The Conditional Use Permit for a Type 47 (On -Sale General — Eating Place) license involves a negligible expansion of a previously approved use (Hotel with restaurant). There will not be any physical changes made to the structure or site as part of this project. In addition, live entertainment is not proposed as part of this application. Therefore, the proposed project is exempt from further environmental review pursuant to CEQA Guidelines Section 15301. Moreover, the proposed project is also exempt from further environmental review pursuant to CEQA Guidelines Section 15061(b)(3) as it can be seen with certainty that there is no possibility that the sale of alcohol to restaurant and hotel patrons will have a significant effect on the environment. As noted above, neither the hotel use nor the restaurant will be expanded or altered in any way. Instead, the service of alcohol would be an incidental use to the hotel and restaurant's overall operations. FINDINGS Modifications (Development Plan Code Section 17.05.030.E) The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. The proposed modification will allow an existing hotel and restaurant to convert their Type-70 alcohol license to a Type-47. This change in license 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) license. In addition, the project is in conformance with the Uptown Temecula Specific Plan. This Specific Plan allows the proposed use upon approval of a Conditional Use Permit (CUP). The CUP for alcohol was originally approved January 20, 2021. The sale of beer, wine, and distilled spirits will continue to serve as an incidental use to the hotel and restaurant operations. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The project meets all the requirements of the Development Code which provides 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. ATTACHMENTS: 1 2 3 4 5 6 Vicinity Map PC Resolution Exhibit A - Draft Conditions of Approval Exhibit B - Statement of Operations Notice of Public Hearing Notice of Exemption for County Clerk 921-060-056 CITY OF TEMECULA PA22-1052 o� Project Site w Q z O 1, wLU u- LL w O O , O �G\?OG �O�O % � ra O� 2 T �O 2� NPA 1 inch = 267 feet 1:3,200 The Heart of Southern California Wine Country Date Created: 2/15/2023 The map PA22-1052.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. 2023- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA23-1052, A MODIFICATION TO A CONDITIONAL USE PERMIT ALLOW AN EXISTING HOTEL TO REVISE THEIR ALCOHOL LICENSE FROM A TYPE-70 TO A TYPE-47 AT 28210 JEFFERSON AVENUE, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 921-060-056) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On November 7, 2022, Anthony Yang filed Planning Application No. PA22-1052 a Modification 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 March 15, 2023, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA22-1052 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: Modifications, Development Code Section 17.05.030.E A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. The proposed modification will allow an existing hotel and restaurant to convert their Type-70 alcohol license to a Type-47. This change in license 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) license. In addition, the project is in conformance with the Uptown Temecula Specific Plan. This Specific Plan allows the proposed use upon approval of a Conditional Use Permit (CUP). The CUP for alcohol was originally approved January 20, 2021. The sale of beer, wine, and distilled spirits will continue to serve as an incidental use to the hotel and restaurant's operations. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The project meets all the requirements of the Development Code which provides safeguards for the health, safety, and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety, and general welfare of the community. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Minor Modification Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Sectionl5301, Class 1, Existing Facilities and Section 15061(b)(3)). The Conditional Use Permit for a Type 47 (On -Sale General — Eating Place) license involves a negligible expansion of a previously approved use (Hotel with restaurant). There will not be any physical changes made to the structure or site as part of this project. In addition, live entertainment is not proposed as part of this application. Therefore, the proposed project is exempt from further environmental review pursuant to CEQA Guidelines Section 15301. Moreover, the proposed project is also exempt from further environmental review pursuant to CEQA Guidelines Section 15061(b)(3) as it can be seen with certainty that there is no possibility that the sale of alcohol to restaurant and hotel patrons will have a significant effect on the environment. As noted above, neither the hotel use nor the restaurant will be expanded or altered in any way. Instead, the service of alcohol would be an incidental use to the hotel and restaurant's overall operations. Section 4. Conditions, Statement of Operations, and Plans. The Planning Commission of the City of Temecula approves Planning Application No. PA22-1052, a Minor Modification to allow an existing hotel and restaurant located at 28210 Jefferson Avenue to revise its alcohol license from a Type 70 to a Type 47, subject to the Conditions of Approval set forth on Exhibit A and the Statement of Operations set forth on Exhibit B, attached hereto, and incorporated herein by this reference. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 15th day of March 2023. Lanae Turley-Trejo, Chair ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the foregoing PC Resolution No. 2023- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 15th day of March 2023, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: Luke Watson Secretary CITY OF TEMECULA CONDITIONS OF APPROVAL ACCEPTANCE Planning Application Number: PA22-1052 Parcel Number(s): 921-060-058 By signing below, I/we have agreed to the following Conditions of Approval, including (but not limited to) any referenced documents, local state, or federal regulations, statement of operations, hours of operation, floor plans, site plans, and Conditions that may require the payment or reimbursement of fees, as described. I/we have read the attached Conditions of Approval and understand them. I/we also understand that violations or non-compliance with these Conditions of Approval, may delay a project, and/or result in the revocation of a permit in accordance with the Temecula Municipal Code. I/we are also responsible for disclosing these Conditions of Approval to any successive owners/operators. I/we agree and commit to the City of Temecula that I/we will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions. Property Owner Printed Name Property Owner Signature & Date Applicant Printed Name Applicant Signature & Date EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA22-1052 Project Description: Hilton Garden Inn Minor MOD to existing Conditional Use Permit: A Minor Modification to allow an existing hotel and restaurant to revise their alcohol license from a Type 70 to a Type 47. The project is located at 28210 Jefferson Avenue. Assessor's Parcel No.: 921-060-058 MSHCP Category: N/A (No New Square Footage or Grading) DIF Category: N/A (No New Square Footage) 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: March 15, 2023 Expiration Date: March 15, 2026 PLANNING DIVISION Within 48 Hours of the Approval Page 1 of 7 Applicant Filing Notice of Determination. APPLICANT ACTION REQUIRED: The applicant/developer is responsible for filing the Notice of Determination as required under Public Resources Code Section 21152 and California Code of Regulations Section 15062 within 48 hours of the project approval. If within said 48-hour period the applicant/ developer has not filed the Notice of Determination as required above, the approval for the project granted shall be void due to failure of this condition. Failure to submit the Notice of Exemption will result in an extended period of time for legal challenges. FEES: Fees for the Notice of Exemption include the Fifty Dollar County ($50.00) administrative fee. The County of Riverside charges additional fees for credit card transactions. FILING: The City shall provide the applicant with a Notice of Determination within 24 hours of approval via email. If the applicant/developer has not received the Notice of Determination within 24 hours of approval, they shall contact the case Planner immediately. All CEQA documents must be filed online with the Riverside County Assessor —County Clerk- Recorder. A direct link to the CEQA filings page is available at TemeculaCA.gov/CEQA. COPY OF FILINGS: The applicant shall provide the City with a digital copy of the required filings within 48 hours. General Requirements 2. Indemnification of the City. Indemnity, Duty to Defend and Obligation to Pay Judgments and Defense Costs, Including Attorneys' Fees, Incurred by the City. The Applicant shall defend, indemnify, and hold harmless the City, its elected officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees") from and against any claims, damages, actions, causes of actions, lawsuits, suits, proceedings, losses, judgments, costs, and expenses (including, without limitation, attorneys' fees or court costs) in any manner arising out of or incident to the Planning Commission's actions, this approval and the City Council's actions, related entitlements, or the City's environmental review thereof. The Applicant shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding. The City shall promptly notify the Applicant of any claim, action, or proceeding and the City shall reasonably cooperate in the defense. If the City fails to promptly notify the Applicant of any claim, action, or proceeding, or if the City fails to reasonably cooperate in the defense, the Applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City or the Indemnitees. The City shall have the right to select counsel of its choice. The Applicant shall reimburse the City, and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Nothing in this condition shall be construed to require the Applicant to indemnify Indemnitees for any claim arising from the sole negligence or willful misconduct of the Indemnitees. In the event such a legal action is filed challenging the City's determinations herein or the issuance of the approval, the City shall estimate its expenses for the litigation. The Applicant shall deposit said amount with the City or, at the discretion of the City, enter into an agreement with the City to pay such expenses as they become due. Page 2 of 7 Expiration. This approval shall be used within three 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 three-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval or use of a property in conformance with a Conditional Use Permit. A modification made to an approved development plan does not affect the original approval date of a development plan. 4. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to five extensions of time, one year at a time. A modification made to an approved development plan does not affect the original approval date of a development plan. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 14 (Uptown Specific Plan). 6. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. Modifications or Revisions. The developer shall obtain City approval for any modifications or revisions to the approval of this project. Bona Fide Eating Place. Type 41 (On Sale Beer and Wine), 47 (On Sale General), and 49 (On Sale General) licensees must operate and maintain their licensed premises as a bona fide eating place. The on -site sales and consumption of alcohol are an incidental and ancillary use to the restaurant use. A licensee is presumed to be operating as a bona fide eating place if the quarterly gross sales of food prepared and sold to guests on the premises exceeds the gross sales of alcoholic beverages for the same period. The licensee shall at all times maintain records which reflect separately the gross sales of food and the gross sale of alcoholic beverages on the licensed premises. The records shall be kept no less frequently than on a quarterly basis and shall be made available to the City, or its designee, upon demand. A full menu shall be available for order during all hours that alcohol is served. The premises where the licensee operates must possess a full restaurant kitchen facility containing conveniences for cooking such as a working refrigerator and cooking devices. The premises must offer sit down meal service and food menus. "Meals" means the usual assortment of food commonly ordered at various hours of the day. The service of only sandwiches or salads is not considered compliance with the requirement to provide meals. The premises must comply with all regulations of the health department. Food Service. The bona fide public eating place shall serve a full menu at all hours that alcohol is served. 10. Statement of Operations. The applicant shall comply with their Statement of Operations dated 02/15/2023, on file with the Planning Division, unless a conflict exists between the Statement of Operations and these Conditions of Approval, in which case the Conditions of Approval control. 11. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. Page 3 of 7 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. 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. 14. 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. 15. Display of Conditional Use Permit. The City of Temecula Approval Letter for the Conditional Use Permit shall be displayed on the premises in a conspicuous place so that law enforcement and city staff entering the establishment may readily see the Conditional Use Permit. A copy of the stamped approved floor plan/site plan approved with the Conditional Use Permit and the full set of Conditionals of Approval (including all previous approvals) shall always be kept on the premises and made available at the request of any law enforcement officer, fire marshal, code officer, or deputy fire marshal. 16. Hours of Operation & Termination of Alcohol Sales. The hours of operation for alcohol sales shall be as follows: Monday: 6:00 a.m. - 12:00 a.m. Tuesday: 6:00 a.m. - 12:00 a.m. Wednesday: 6:00 a.m. - 12:00 a.m. Thursday: 6:00 a.m. - 12:00 a.m. Friday: 6:00 a.m. - 12:00 a.m. Saturday: 6:00 a.m. - 12:00 a.m. Sunday: 6:00 a.m. - 12:00 a.m. These hours of operation shall supersede any previous conditions of approval and take precedence over any other conditions of approval in this document that may reference operating hours and times. Hours of operations may be altered temporarily with the approval of a valid limited duration temporary use permit. Hours of operations may be permanently altered only by an approved amendment to this conditional use permit. Under all circumstances, including instances where the establishment closes earlier than the above listed times, the last call indicating the termination of the sale of alcohol shall be no less than on half (1/2) hour prior to closing for all nights of operation. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 17. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy, or any use allowed by this approval. POLICE DEPARTMENT Page 4 of 7 General Requirements 18. 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. 19. Ensure No Alcohol Sold or Consumed bV 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. 20. Live Entertainment. Events where entertainment is to be provided must abide by the following rules: (1) No licensee shall permit any person to perform acts or acts which stimulate; (a) sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law; (b) the touching, caressing orfondling on the breasts, buttocks, anus or genitals; (c) the displaying of the public hair, anus, vulva or genitals; and, (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus (Rule 143.3 CCR). Also violates Section 311.6 PC if conduct is "obscene." 21. 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. 22. 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. 23. 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. Page 5 of 7 24. 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, maybe 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). 25. No Alcohol Sales Between 2:00 am and 6:00 am. Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. Section 25631 B&P Code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00 a.m. Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter that the law. Those licenses are marked "Conditional" (23805 B&P). 26. 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, storeroom, 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). 27. 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). Page 6 of 7 28. Emolovee 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. 29. 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). 30. 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. 31. Alcohol in Public Prohibited. Applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. Page 7 of 7 Exhibit B: STATEMENT OF OPERATIONS/JUSTIFICATION Site: Hilton Garden Inn Date: 02/15/23 1. A hotel consists of 104 rooms that provides full kitchen restaurant services for breakfast, lunch and dinner for all guests. 2. Hours and days of operation: 6am until midnight, 7 days a week 3. Number of employees: 10 4. Estimated number of customers: 100-150/day 5. The restaurant dining space is within the hotel so there are staffs onsite 24 hours a day 6. Total number of parking spaces: 104 7. Breakfast, lunch and dinner will be served 8. Alcohol will be served Notice of Public Hearin THE CITY OF TEMECULA - 41000 Main Street- Temecula, CA 92590 — TemeculaCA.gov A PUBLIC HEARING has been scheduled before the PLANNING COMMISSION to consider the matter(s) described below: Case No.: PA22-1052 Applicant: Anthony Yang Project Location: 28219 Jefferson Avenue Proposal: A Minor Modification to allow an existing hotel to revise their alcohol license from a Type 70 to a Type 47. The project is located at 28210 Jefferson Avenue. Environmental Action: In accordance with the California Environmental Quality Act (CEQA), staff has determined that the proposed project is exempt from environmental review pursuant to CEQA Guidelines Section 15301, Class 1, Existing Facilities and Section 15061(b)(3), and a Notice of Exemption has been prepared for consideration by the Planning Commission. Case Planner: Eric Jones, 951-506-5115 PLACE OF HEARING: 41000 Main Street, Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: March 15, 2023 TIME OF HEARING: 6:00 PM Project Site � O m� BOG 0 400 800 Feet y The complete agenda packet (including any supplemental materials) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the City's website — TemeculaCA.gov and will be available for public review at the respective meeting. Any writing distributed to a majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m. In addition, such material will be made available on the City's website — TemeculaCA.gov — and will be available for public review at the meeting. Any petition for judicial review of a decision of the Planning Commission shall be filed within time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. Questions? Please call the Community Development Department at (951) 694- 6400. City of Temecula Community Development 41000 Main Street - Temecula, CA 92590 Phone (951) 694-6400 • TemeculaCA.gov VIA -ELECTRONIC SUBMITTAL CEQAProces singgasrclkrec. com March 15, 2023 Supervising Legal Certification Clerk County of Riverside P.O. Box 751 Riverside, CA 92501-0751 SUBJECT: Filing of a Notice of Exemption for Planning Application Number PA22-1052, a Minor Modification to allow an existing hotel to revise its alcohol license from a Type 70 to a Type 47. The project is located at 28210 Jefferson Avenue. Dear Sir/Madam: Enclosed is the Notice of Exemption for the above referenced project. In addition, pursuant to Assembly Bill 3158 (Chapter 1706) the Applicant will pay for the County Administrative fee to enable the City to file the Notice of Exemption required under Public Resources Code Section 21152 and 14 California Code Regulations 1507. The payment of the $50.00 filing fee is under protest. It is the opinion of the City that the administrative fee has been increased in a manner inconsistent with the provisions of State Law. Under Public Resources Code Section 21152 and 14 California Code Regulations 1507, the County is entitled to receive a $25.00 filing fee. Also, please email a stamped copy of the Notice of Exemption within five working days after the 30-day posting to the email listed below. If you have any questions regarding this matter, please contact Eric Jones at email: eric. j ones@TemeculaCA. gov. Sincerely, Luke Watson Deputy City Manager Enclosures: Notice of Exemption Form Electronic Payment - Filing Fee Receipt City of Temecula Community Development Planning Division Notice of Exemption TO: County Clerk and Recorders Office FROM: Planning Division County of Riverside City of Temecula P.O. Box 751 41000 Main Street Riverside, CA 92501-0751 Temecula, CA 92590 Project Title: Hilton Garden Inn PA22-1052 Description of Project: A Minor Modification to allow an existing hotel to revise its alcohol license from a Type 70 to a Type 47. Project Location: 28210 Jefferson Avenue Applicant/Proponent: Anthony Yang The Planning Commission approved the above -described project on March 15, 2023 and found that the project is exempt from the provisions of the California Environmental Quality Act, as amended. Exempt Status: (check one) ❑Ministerial (Section 21080(b)(1); Section 15268); ❑ Statutory Exemptions (Section Number: ) ❑ Declared Emergency (Section 21080(b)(3); Section ® Categorical Exemption: (Section 15301, Class 1, 15269(a)); Existing Facilities) ❑Emergency Project (Section 21080(b)(4); Section ❑Other: Section 15061(b)(3) 15269(b)(c)); Statement of Reasons Supporting the Finding that the Project is Exempt: The Conditional Use Permit for a Type 47 (On -Sale General — Eating Place) license involves a negligible expansion of a previously approved use (Hotel with restaurant). There will not be any physical changes made to the structure or site as part of this project. In addition, live entertainment is not proposed as part of this application. Therefore, the proposed project is exempt from further environmental review pursuant to CEQA Guidelines Section 15301. Moreover; the proposed project is also exempt from further environmental review pursuant to CEQA Guidelines Section 15061(b)(3) as it can be seen with certainty that there is no possibility that the sale of alcohol to hotel patrons may have a significant effect on the environment. As noted above, the hotel use is not expanded or being altered in any way. Instead, the service of alcohol would be an incidental use to the hotel's overall operations. Contact Person/Title: Eric Jones, Associate Planner Telephone Number (951) 506-5115 Signature: Luke Watson, Deputy City Manager Date received for filing at the County Clerk and Recorders Office: Date: