HomeMy WebLinkAbout2023-06 PC ResolutionPC RESOLUTION NO.2023-06
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 Type47. 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 —
EatingPlace) license. In addition, the project is in conformance with the Uptown Temecula
Specific Plan. This Specific Plan allows the proposed use upon approval of 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 ofthe
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 exemptfrom 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.
ATTEST:
L atson
Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )as
CITY OF TEMECULA 1
I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that
the foregoing PC Resolution No. 2023-06 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: 4 PLANNING COMMISSIONERS: Hagel, Ruiz, Solis, Turley-Trejo
NOES: 0 PLANNING COMMISSIONERS: None
ABSTAIN: 0 PLANNING COMMISSIONERS: None
ABSENT: 1 PLANNING COMMISSIONERS: Watts
Luke Watson
Secretary
EXHIBIT A
CITY OF TEMECULA
FINAL 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:
WA (Non -Residential Project)
New Street In -lieu of Fee:
WA (No New square footage)
Approval Date:
March 15, 2023
Expiration Date:
March 15, 2026
PLANNING DIVISION
Within 48 Hours of the Approval
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Apolicant Filino 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 Califomia Code of Regulations Section 15062 within
48 hours of the project approval. If within said 48-hour period the applicantl 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 applicanUdeveloper has not received the Notice of Determination within 24
hours of approval, they shall contact the rase Planner immediately. All CEQA documents must
be filed online with the Riverside County Assessor —County Clerk- Recorder. Adirect 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 flings within 48 hours.
General Requirements
2. Indemnification of the Ciri. 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, attomeys' 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 orwillful 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.
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3. 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. Tme Extension. The Directorof 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 Specific Plan).
B. Conformance with Aooroved 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 developer shall obtain City approval for any modifications or
revisions to the approval of this project.
8. 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.
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
02115/2023, 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 ofApproval) 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. Postino 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) 6765090.
14. Termination of Alcohol Sales. The last call indicating the termination of the sale of alcohol shall
be no less than one half (12) 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 we the Conditional Use Permit. Acopy 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 & Terminafion of Alcohol Sales. The hours of operation for alwhol 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 (12) 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 wmplied 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 disfilled 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 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.
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 311.8 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; (a) 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 govemment 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 IMP), which includes the
following requirements: (a) name of person; (b) date of birth; (c) physical description; (d)
photograph; (a) 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 hoursare: 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 pica, 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 a.m. and 6:00 a.m. 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 strider that the law. Those licenses are marked "Conditional' (23805 B&P).
26. Inspections. Police officers, sheriffs 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 anytime 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; 315 PC).
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28. Employee Trainina 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.
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Exhibit B: STATEMENT OF OPERATIONS/IUSTIFICATION
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: 30
4. Estimated number of customers: 100-150/day
S. 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
S. Alcohol will be served