HomeMy WebLinkAbout2024-18 PC Resolution PC RESOLUTION NO. 2024-18
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA24-0254, A CONDITIONAL USE
PERMIT APPLICATION FOR A TYPE 47 ABC LICENSE
FOR LANDEROS MEXICAN GRILL AND CANTINA
LOCATED AT 41925 FIFTH STREET, SUITE 102 AND TO
MAKE FINDINGS OF EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
(APN: 922-024-012)
Section 1. Procedural Findings. The Planning Commission of the City of Temecula does
hereby find, determine and declare that:
A. On July 2, 2024, Veronica Landeros filed Planning Application No. PA24-0254, 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 October 2, 2024, at a duly noticed public hearing as prescribed by law,
at which time the City staff and interested persons had an opportunity to and did testify either in
support or 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. PA24-0254
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 use is in conformance with the General Plan for Temecula and with
all applicable requirements of State law and other Ordinances of the City.
Landeros Mexican Grill & Cantina restaurant will operate as a full-service restaurant with the
primary purpose of offering a full menu of food within a restaurant building. The proposed
conditional use is consistent with the Old Town Specific Plan which conditionally allows for
restaurants to operate with a Type 47 On-Sale General license for Bona Fide Public Eating Place
(Restaurant). The project is consistent with the applicable General Plan designation because a
restaurant is an allowable use within the Downtown Core Planning Area of the Old Town Specific
Plan. Therefore, the proposed project is in conformance with the General Plan. The sale of
distilled spirits would serve as an incidental use to the establishment's operations.
B. The proposed conditional use is compatible with the nature, condition and
development of adjacent uses, building, and structures and the proposed conditional use will not
adversely affect the adjacent uses, buildings, or structures.
Landeros Mexican Grill& Cantina restaurant is proposed within an existing mix-use building on
a developed lot within the SPI General Plan land use designation. As conditioned, the proposed
use is compatible with the nature, condition and development of adjacent uses, buildings and
structures, and the proposed conditional uses will not adversely affect the adjacent uses, buildings
or structures. The existing retail center contains other retail and alcohol-serving restaurant uses
that are compatible with the proposed use.
C. The site for a proposed conditional use is adequate in size and shape to
accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping,
and other development features prescribed in this development code and required by the Planning
Commission or City Council in order to integrate the use with other uses in the neighborhood.
The application will allow for a Type 47 On-Sale General license for a Bona Fide Public Eating
Place at a restaurant. The site for the proposed conditional use is adequate in size and shape to
accommodate the yards, walls,fences, buffer areas, landscaping, and other development features
prescribed in the Development Code and required by the Planning Commission or City Council
in order to integrate the use with other uses in the neighborhood.
D. The nature of the proposed conditional use is not detrimental to the health, safety,
and general welfare of the community.
As conditioned, the project meets all requirements of the Planned Development Overlay, General
Plan, 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.
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 (15301, Class 1,
Existing Facilities) under Section 15301 of the CEQA Guidelines, Class 1, Existing Facilities,
licensing and permitting that involves negligible or no changes in use qualify for a categorical
exemption. The existing restaurant currently holds a Type 41 license which allows for the sale of
beer and wine. Alcohol sales are incidental uses and the sale of distilled spirits (on-sale) involves
a negligible change in use. Additionally, all access and public utilities are available to the site, and
the use is in conformance with all zoning requirements of the Development Code.
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 patrons may have a significant effect on the environment. As noted
above, restaurant use is not expanded or altered in any way. Instead, the service of alcohol would
be an incidental use to the restaurant's overall operations.
Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning
Application No. PA24-0254, a Conditional Use Permit application for a Type 47 ABC license for
Landeros Mexican Grill and Cantina located at 41925 Fifth Street, Suite 102, subject to the Final
Conditions of Approval set forth on Exhibit A, Statement of Operations set forth on Exhibit B,and
the Plan Reductions set forth on Exhibit C, attached hereto, and incorporated herein by this
reference.
PASSED,APPROVED AND ADOPTED by the City of Temecula Planning Commission
this 2nd day of October 2024.
Bob Hagel, Chair
ATTEST:
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Matt Peters
Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Matt Petters, Secretary of the Temecula Planning Commission, do hereby certify that
the foregoing PC Resolution No. 2024-18 was duly and regularly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof held on the 2nd day of October
2024, by the following vote:
AYES: 5 PLANNING COMMISSIONERS: Hagel, Ruiz, Solis, Turley-Trejo, Watts
NOES: 0 PLANNING COMMISSIONERS: None
ABSTAIN: 0 PLANNING COMMISSIONERS: None
ABSENT: 0 PLANNING COMMISSIONERS: None
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Matt Peters
Secretary
CITY OF TEMECULA
CONDITIONS OF APPROVAL ACCEPTANCE
Planning Application Number: PA24-0254
Parcel Number(s):
922-024-013
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
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EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA24-0254
Project Description: Landeros Mexican Grill and Cantina CUP: a Conditional Use Permit
application for a Type 47 ABC license for Landeros Mexican Grill and
Cantina located at 41925 Fifth Street, Suite 102.
Assessor's Parcel No.: 922-024-013
MSHCP Category: N/A(No New Square Footage or Grading)
DIF Category: N/A(No New Grading)
TUMF Category: Per WRCOG Requirements
Quimby Category: N/A(Non-Residential Project)
New Street In-lieu of Fee: N/A(Not Located within the Uptown Temecula Specific Plan)
Approval Date: October 2, 2024
Expiration Date: October 2, 2026
PLANNING DIVISION
Within 48 Hours of the Approval
Page 1 of 12
1. Applicant Filing Notice of Exemption. APPLICANT ACTION REQUIRED:
The applicant/developer is responsible for filing the Notice of Exemption 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 Exemption 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 Exemption within 24 hours of approval via
email. If the applicant/developer has not received the Notice of Exemption 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 12
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 three 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. 5 (Old Town 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.
7. Signaqe Permits. A separate building permit shall be required for all signage.
8. Water Quality and Drainage. Other than stormwater, it is illegal to allow liquids, gels, powders,
sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from
leaving the property. To ensure compliance with this Condition of Approval:
a. Spills and leaks shall be cleaned up immediately.
b. Do not wash, maintain, or repair vehicles onsite.
c. Do not hose down parking areas, sidewalks, alleys, or gutters.
d. Ensure that all materials and products stored outside are protected from rain.
e. Ensure all trash bins are covered at all times.
9. Modifications or Revisions. The applicant shall obtain City approval for any modifications or
revisions to the approval of this project.
10. Statement of Operations. The applicant shall comply with their Statement of Operations dated
September 19, 2024, 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 Municipal 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.
Page 3 of 12
13. A. General Alcohol Requirements.
California Department of Alcoholic Beverage Control
1.All businesses or establishments offering the sale of alcoholic beverages shall
obtain and thereafter maintain the appropriate license from the state of California
Department of Alcoholic Beverage Control.All businesses or establishments shall
provide the ABC license, conditions of the license, and the ABC approved site plan
upon request of law enforcement or the city or, upon the request of the applicant
after pre-compliance review.
2.There is no exception to this requirement and businesses that operate in violation
of this provision shall be subject to administrative and/or punitive action provided
for in this Code.
B. Hours.
1.Alcohol sales shall cease each day at 11:59:59 p.m.
a. Establishment shall close at 11:59:59 p.m. Employees may continue closing
operations past this hour as required but no customers shall enter or remain
on the premises past 11:59:59 p.m.
C. Training Required
All persons who serve alcohol within the City of Temecula shall comply with the following:
1.Responsible Beverage Service Training. Every alcohol manager and every alcohol
server shall obtain and maintain a current responsible beverage service training
course certification as required by Business and Professions Code Section 25683.
2.Verification of Responsible Beverage Service (RBS) Training. In accordance with
Business and Professions Code Section 25682(b)(1), the applicant shall ensure
that each alcohol server and alcohol manager it employs has a valid training
certification. The licensee shall maintain records of certifications for inspection,
upon request, by the Department of Alcoholic Beverage Control.
3.Bartender Training and Cocktail Recipe List.
a. Bartenders shall be trained to properly build cocktails. At a minimum,
bartenders shall be trained to build the cocktails on the Cocktail Recipe List.
b. The establishment shall retain a copy of all cocktail recipes on the premises
at all times and shall produce them immediately upon the request of any law
enforcement or code enforcement officer.
c. The establishment shall retain a record of each bartender's Cocktail Recipe
List training for a minimum of three years and said list shall be made
available for review by any law enforcement or code enforcement officer
upon request. Testing shall determine competency in bartender's ability to
identify ingredients, price, and number of alcohol servings.
d. Opening staff are required to be trained before final approval to open. New
staff hired thereafter must be trained within 30 days of employment date
(defined as when the employee signs a contract or completes tax
identification documents).
4.Any additional training requirements of the California Department of Alcoholic
Beverage Control (ABC).
D. Page 4 of 12
D. Alcoholic Beverage Sales Operational Standards.
Standards and Operational Requirements Generally
1.All establishments that sell alcohol, regardless of ABC Permit Type, shall comply
with the following requirements and operational standards:
a. Statement of Operations. The establishment shall comply with their
Statement of Operations, on file with the Planning Division, unless a conflict
exists between the Statement of Operations and these conditions in which
case these conditions shall control.
b. Previous Conditions of Approval. If an establishment has a valid Conditional
Use Permit, all previous Conditions of Approval shall remain in full effect.
c. Disorderly House. Establishments may not permit their licensed premises to
become a disorderly house. A disorderly house is a licensed outlet (on or
off sale) that: (a) disturbs neighbors with noise, loud music, loitering,
littering,vandalism, urination or defecation, graffiti, etc.; and/or(b) has many
ongoing crimes inside such as drunks, fights, assaults, prostitution,
narcotics, etc. The licensed premises include the parking lot.
d. Entertainment. Entertainment is prohibited unless the establishment is
issued and maintains an Entertainment License per Chapter 9.10
(Entertainment License) of this Code. The Entertainment License shall
remain active, and the establishment shall maintain full compliance with its
Entertainment License conditions, and any other conditions required by any
government agency whose permits or licenses are required for operation.
e. Occupancy Load. The establishment shall not allow the number of
occupants inside the premises building to exceed the establishment's
maximum occupant load as determined by the Certificate of Occupancy.
f. Inspections, Cooperation with Law Enforcement. Police officers, sheriffs
deputies and Alcoholic Beverage Control agents are sworn law enforcement
officers with the power of arrest. Whether in plain clothes or uniformed,
these officers have a legal right under Business and Professions Code
Section 25755 to visit and inspect any licensed premises at any time during
business hours without a search warrant or probable cause. This includes
inspecting the bar and back bar, storerooms, offices, closed or locked
cabinets and safes, kitchen, or any area within the licensed premises.
Licensees shall not deny entry to, resist, delay, or obstruct or assault any
law enforcement officer.
g. ID Guide Manual.To aid in examining identification cards, the establishment
shall obtain and use an up-to-date multi-state identification manual.
h. Staff Alcohol Consumption. No staff member shall work while under
influence of alcohol or drugs in violation of Penal Code Section 647(f) or
while obviously intoxicated.
i. Right to Cancel Event.The Temecula Police Department shall have the right
to stop, cancel, or temporarily delay all or portions of any activities occurring
at any event when police or public safety becomes a significant concern.
This shall include all events even those that obtained a Temporary Use
Permit(TUP) per Section 17.04.020 of the Temecula Municipal Code.
j. Responsibility for Costs Incurred. The establishment shall be responsible
for any cost incurred by the Temecula Police Department if additional
officers are required because of traffic problems or congestions, public
disturbance or where the need for police presence is required.
k. Maintenance of Real Property. The establishment shall permanently
maintain the premises' real property in an orderly fashion by the provision
of regular maintenance, the removal of trash, litter, and debris from the
premises and on all abutting sidewalks within 20 feet of the premises.
I. Graffiti. Graffiti on telecommunication towers, equipment, walls, or other
structures shall be removed within 72 hours from the time of its occurrence.
Page 5 of 12
m. Signage Permits.A separate building permit shall be required for all signage.
Signs shall comply with Chapter 17.28 (Sign Standards) of the Temecula
Municipal Code for the appropriate zoning district.
n. Advertising. The establishment shall have no exterior advertising or signs of
any kind or type, including advertising directed to the exterior from within or
promoting or indicating the availability of alcoholic beverages. Interior
displays of beer and wine beverages or signs which are clearly visible to the
exterior shall constitute a violation of this condition.
o. Inspections. ABC agents and Riverside Sherriff's Office (RSO) shall be
granted access to inspect the premises to include all office, storage, and
any other areas not open to patrons.
E. Standards for establishments that offer the sale alcohol for on-site consumption, regardless
of ABC license type.
1.Police, Security, Management Staff Meeting. Before opening, it is the responsibility
of the establishment to contact the Police to arrange and hold a 90-minute meeting
attended by all floor management levels, including bar, server, and security
department leads.
2.Food and Beverage Sales Documentation. The city shall have the right during
business hours upon 15 days' notice to inspect the books and records of the
establishment to determine the gross sales of food and or the gross sales of
alcoholic beverages. Establishment gives the right to the city to review the records
of the State Board of equalization for the purpose of verifying the establishment's
books and records with the understanding that these reviews are confidential.
3.Postings Required. The following physical postings must be located in a
conspicuous place, as follows:
a. Manager on Duty Posting. During business hours, the establishment shall
post the name of the staff member who is responsible for the business
during that shift. The posting must be legible and visible to the public when
entering the business. The responsible person must be:
i. An employee.
ii. Certified in accordance with the responsible beverage service training
requirements in California Business and Professions Code Section 25683.
iii. Aware of all requirements in the conditional use permit, certificate of occupancy
entertainment license(as applicable), and ABC license.
b. ABC License. The establishment shall display an approved ABC license, the
associated conditions, and the approved site plan and provide a copy
immediately upon request to city staff or law enforcement.
c. Occupancy Posting. The establishment's maximum occupant load number
shall be posted over the main exit. Additionally, occupancy signs shall be
posted in spaces and rooms that have been deemed to have a maximum
occupancy load.
d. Conditions of Approval Posting. The establishment shall post any approved
City of Temecula Conditions of Approval in a place readily visible and
available for reading by the business' staff members.
e. Overservice Posting at Main Entrance and Main Bar. The establishment of
each licensed business shall maintain a clearly legible permanent sign, not
less than 7" x 11" in size reading, "It is illegal to sell or serve alcohol to a
person who is obviously intoxicated" at the main entrance and main bar,
where it can be readily visible to employees and customers. The lettering of
such sign shall be no less than one inch in height.
f. Overservice Posting on Menu. The establishment of each on-sale licensed
business that has one or more menus available for the public shall include
Page 6 of 12
and maintain a clearly legible statement on at least one of the menus
reading, "It is illegal to sell or serve alcohol to a person who is obviously
intoxicated."
g. Exterior Sign Posting. When residential areas exist adjacent to the licensed
premises, the establishment shall, at all times, display a sign of at least ten
inches by ten inches at all exits and within all parking areas, worded as
follows: "Please respect our neighbors by exiting quietly and not loitering."
h. Local Transportation Providers Posting.An 8.5" x 11" (or larger) sign listing
local transportation service providers and corresponding telephone
numbers shall be posted at a conspicuous location within the building.
Information to assist in the compilation of this sign may be obtained through
the Temecula Valley Chamber of Commerce at(951)676-5090.
i. Outside Lighting. The establishment shall provide lighting, as certified by a
qualified lighting engineer, at a minimum level of one-foot candle of lighting
throughout private parking lots and access areas serving the business. The
establishment shall provide sufficient lighting during the hours of darkness
to ensure customers have a clear, lighted path from the establishment to
their vehicles. Said lighting shall be directed, positioned, and shielded in
such a manner as not to unreasonably illuminate the windows of nearby
residences. All lighting affixed to the exterior of buildings less than 8 feet
high shall be vandal resistant.
j. Queuing Line. Queuing lines shall be managed in an orderly manner and all
disruptive and/or intoxicated customers shall be denied entry. The
establishment shall be responsible for monitoring the queuing lines at all
times. The outdoor queuing line shall not block public walkways or obstruct
the entry or exit of adjacent businesses.
k. Private Club Rooms or Areas. No on-sale establishment shall maintain a
room or designated area reserved for the exclusive use of designated
persons or "private club members," unless the establishment has been
issued a Duplicate On-Sale General License for Designated Persons under
Business and Professions Code Section 24042(b). "Designated persons"
means an organization or group with a membership, purpose, and principal
address that must be revealed to Department of Alcoholic Beverage Control
(ABC) at the time of application for the duplicate license.The Business and
Professions Code only permits the sale of alcoholic beverages to "private
club members" at premises licensed with a Club (Type 51), Veterans Club
(Type 52), or Special On-Sale General (Type 57)ABC license.
I. Discount Alcohol Pricing. No "happy hour" type of reduced pricing for
alcoholic beverage shall be allowed after 8:00 p.m.
m. Cut-Off Log.The establishment shall maintain a log of cut-off customers, as
defined in the Municipal Code. The establishment shall use the cut-off log
during all hours of operation. The establishment shall provide the cut-off log
to law enforcement and/or code enforcement, immediately upon request.
Banned Customer Log. The establishment shall maintain a log of any
banned customer,as defined in the Municipal Code.The establishment shall
provide the banned customer log to law enforcement and/or code
enforcement, immediately upon request.
Page 7 of 12
F. Specific Alcohol Regulations based on Land Use
The land uses below may have specific impacts related to alcohol based on their proposed
land uses, all items below shall be applicable to all land uses of the same or similar land
use as determined by the Director of Community Development.
1.Restaurant(Bona Fide Eating Establishment). Establishments selling beer and wine
(ABC license Type 41), or beer,wine, and spirits(ABC license Type 47 or 48) must
operate and maintain their licensed premises as a bona fide eating establishment
and are subject to the following requirements:
a. The on-site sales and consumption of alcohol are an incidental and ancillary
use to the restaurant use.
b. Establishment is presumed to be operating as a bona fide eating
establishment if the quarterly gross sales of food prepared and sold to
guests on the premises exceeds the gross sales of alcoholic beverages for
the same period. Establishment shall at all times maintain records which
reflect separately the gross sales of food and the gross sale of alcoholic
beverages on the licensed premises. The records shall be kept no less
frequently than on a quarterly basis and shall be made available to the City,
or its designee, upon demand.
c. A full menu shall be available for order during all hours that alcohol is served.
The premises must offer sit-down service of meals.
d. The premises where the establishment operates must possess a full
restaurant kitchen facility containing conveniences for cooking such as a
working refrigerator and cooking devices.
e. The premises must comply with all regulations of the health department and
Business and Professions Code Sections 23038 and 23787.
f. Restaurants shall operate with the following conditions:
2.Morphing. No establishment shall allow their establishment to engage in the practice
of morphing as defined by this Chapter.
a. Availability of Meal Service. Meals shall be available up to a minimum of
thirty (30) minutes before closing. ABC-licensed businesses Type 41, 47,
and 49 shall operate as a bona fide eating place in compliance with
California Business and Professions Code Sections 23038 and 23787.
Page 8 of 12
BUILDING AND SAFETY DIVISION
General Requirements
14. 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.
15. 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.
16. 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.
17. 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.
18. Street Addressing. Applicant must obtain street addressing for all proposed buildings by
requesting street addressing and submitting a site plan for commercial or multi-family residential
projects or a recorded final map for single-family residential projects.
19. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit
approvals prior to commencement of any construction work.
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20. 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.
21. Hours of Construction. Signage shall be prominently posted at the entrance to the project,
indicating the hours of construction, as allowed by the City of Temecula Code Section 9.20.060,
for any site within one-quarter mile of an occupied residence. The permitted hours of
construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted
on Sundays and nationally recognized Government Holidays.
POLICE DEPARTMENT
General Requirements
22. 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.
23. 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.
24. 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.
25. 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.
27. 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.
28. 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.
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29. Maintain Premises as a Bona Fide Eating Place. Type 41, 47 and 49 licensees must operate
and maintain their licensed premises as a bona fide eating place. They must make actual and
substantial sale of meals, during the normal meal hours that they are open, at least five days a
week. Normal meal hours are: breakfast 6:00 a.m. —9:00 a.m., lunch 11:00 a.m. —2:00 p.m.,
and dinner 6:00 p.m. — 9:00 p.m. Premises that are not open five days a week must serve
meals on the days they are open. The premises must be equipped and maintained in good
faith. This means the premises must possess working refrigeration and cooking devices, pots,
pans, utensils, table service, condiment dispensers, menus, posters, signs, and enough goods
to make substantial meals. The premises must comply with all regulations of the local health
department. Incidental, sporadic or infrequent sales of meals or a mere offering of meals
without actual sales is not compliance. "Meals" means the usual assortment of food commonly
ordered at various hours of the day. The service of only sandwiches or salads is not considered
compliance. However, certain specialty entrees, such as pizza, fish or ribs, and an assortment
of other foods, such as soups, salads or desserts, may be considered a meal. The Department
will presume that a licensee is operating as a bona fide eating place if the gross sales of food
prepared and sold to guests on the premises exceeds the gross sales of alcoholic beverages.
"Prepared" means any processing preliminary to the final serving of food. (Note: Some
licensees have a "conditional" license that requires food sales to be 50% or more of the total
gross sales Sections 23038 and 23787 B&P).
30. No Alcohol Sales Between 2:00 am and 6:00 am. Unless further restricted by the CUP,
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).
31. Inspections. Police officers, sheriff's deputies and ABC investigators are sworn law
enforcement officers (peace officers) with powers of arrest. Whether in plain clothes 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).
32. Disorderly House. Applicants 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).
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33. 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.
34. 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
"obscene," e.g. intercourse, sodomy, masturbation, etc.)
35. 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).
36. Questions Regarding Conditions. Any questions regarding these conditions should be directed
to Temecula Police Department Crime Prevention and Plans Unit at(951) 695-2773.
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