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HomeMy WebLinkAbout09-002 PC ResolutionPC RESOLUTION NO. 09-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0228, A CONDITIONAL USE PERMIT TO AUTHORIZE A TYPE-47 ABC LICENSE WHICH WOULD ALLOW FOR THE SALE, SERVICE AND CONSUMPTION OF BEER, WINE AND DISTILLED SPIRITS ON THE PREMISES AT CROWNE PLAZA HOTEL IN THE RESTAURANT AND COCKTAIL LOUNGE, ROOMS AND SUITES FOR ROOM SERVICE, AND IN THE CABINET BARS, LOCATED EAST OF JEFFERSON AVENUE, WEST OF INTERSTATE 15 AND APPROXIMATELY 500 FEET NORTH OF RANCHO CALIFORNIA ROAD (APN 921-060-055) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On September 29, 2008 Mr. David Krzywicki, filed Planning Application No. PA08-0228, 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 January 7, 2009, 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 Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA08-0228, a Conditional Use Permit to authorize a Type-47 ABC license and the sale, service and consumption of beer, wine and distilled spirits on the premises, subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby makes the following findings as required by Section 17.040.010 (E) (Conditional Use Permit), of the City of Temecula Municipal Code: A. The proposed Conditional Use Permit is consistent with the General Plan and the Development Code; The proposal for the Crowne Plaza hotel to serve beer, wine and distilled spirits on the premises requires a Conditional Use Permit in the Highway Tourist Commercial (HT) zoning district. The project, as conditioned is consistent with the General Plan land use designation which anticipated hotel uses in the Highway Tourist Commercial (HT) designation. The proposed conditional use is consistent with the General Plan and Development Code. The Development Code allows for the sale of alcoholic beverages sales subject to a Conditional Use Permit and pursuant to all appropriate Conditions of Approval placed on the permit. Staff has reviewed the Conditional Use Permit and placed Conditions of Approval on the permit as required, to ensure consistency with the General Plan and Development Code. Further, the Development Code requires a 500-foot sensitive use buffer to be provided between the facility selling alcoholic beverages and any school, public park or church. The project has been reviewed by staff and it has been determined that the project meets the 500-feet sensitive use separation requirement. In addition to the minimum 500-foot minimum sensitive use buffer that is required by the Development Code, the proposed use is compatible with the surrounding uses, which include other retail, restaurant and other hotel uses that also serve beer, wine and distilled spirits. B. The proposed Conditional Use Permit is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed Conditional use will not adversely affect the adjacent uses, buildings or structures; The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures. The proposed conditional use and associated Development Plan is an in-fill development project which is surrounded by substantially developed uses. The project is bordered by an existing retail center and hotel to the south, another hotel which is currently under construction to the north, and a restaurant and retail center also to the north. The request to serve beer, wine and distilled spirits will not adversely impact the adjacent buildings, structures or uses in the immediate vicinity. The project has been conditioned to ensure that the potentially adverse impacts have been included as Conditions of Approval. The conditional use is consistent with the City's Development Code and is compatible with other activities approved or existing in the vicinity of the project site. The proposed use is surrounded by existing retail and commercial uses, as well as other restaurants that have been permitted to sell beer, wine and distilled spirits. C. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping and other development features prescribed in the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The proposed conditional use and associated Development Plan is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping and other development features that are required by the Development Code to integrate the conditional use with other uses in the area. The proposed hotel will be constructed on a vacant parcel within the Highway Tourist Commercial district of the City. The parcel is surrounded by substantially developed uses. The addition of the proposed use in this area will not be out of conformance with the Development Code requirements. Adequate parking and landscaping will be provided and the proposed use is anticipated to integrate into the area since the surrounding uses include other retail and commercial uses, including restaurants serving beer, wine and distilled spirits. The project also meets the 500-foot sensitive uses buffer and it has been determined that the project is not within 500-feet of any sensitive uses that may otherwise be impacted by this Conditional use. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project, as conditioned will ensure that the use will not adversely affect the surrounding uses, and will not negatively impact the public health safety or welfare of the community. The project is consistent with the goals and policies contained within the General Plan. The proposed use is consistent with all Development Code requirements. 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, PA08-0228: A. Pursuant to California Environmental Quality Act ("CEQA), City staff prepared an Initial Study of the potential environmental effects of the approval of the Conditional Use Permit Application, as described in the Initial Study ("the Project"). Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Mitigated Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on December 15, 2008, and expired on January 3, 2009. Copies of the documents have been available for public review and inspection at the offices of the Department of Planning, located at City Hall 43200 Business Park Drive, Temecula, California 92590. C. On December 18, 2008, staff received written comments from the Riverside Transit Agency (RTA). RTA's comments indicated that a bus stop is necessary on Jefferson Avenue in front of the project. In order to accommodate RTA's request the Development Plan (PA08-0176) associated with this Conditional Use Permit (PA08-0228) has been conditioned to require that a bus stop be installed on Jefferson Avenue. D. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the January 7, 2009 public hearing, and based on the whole record before it finds that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. E. Based on the findings set forth in the Resolution, the Planning Commission hereby adopts the Mitigated Negative Declaration prepared for this project. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA08-0228, a Conditional Use Permit to authorize a Type-47 ABC license and the sale, service and consumption of beer, wine and distilled spirits on the premises at the Crowne Plaza Hotel, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 7m day of January 2009. S anle Harter, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] 1 STATE OF CALIFOR`;A ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 09-02 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 7`h day of January 2009, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Carey, Chiniaeff, Guerriero, Harter, Telesio NOES: 0 PLANNING COMMISSIONERS None ABSENT: 0 PLANNING COMMISSIONERS None ABSTAIN: 0 PLANNING COMMISSIONERS None Debbie Ubnoske, Secretary EXHIBIT A FINAL CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLUS:: z-it-vf INITIALS: 0 PLANNERJ,,\.~ ACCEPTANCE OF CONDITIONS OF APPROVAL I, Mr. David Krzywicki representing Mr. Tony Lee, understand that Planning Application No. PA08-0228 has been approved with Conditions of Approval which are set forth in Exhibit A. I have read the Conditions of Approval contained in PC Resolution No. 09-02 and understand them. Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions. S NATO E DAT EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA08-0228 Project Description: A Conditional Use Permit to authorize a Type-47 ABC license and the sale, service and consumption of beer, wine and distilled spirits on the premises at Crowne Plaza Hotel in the restaurant and cocktail lounge, in the individual guest rooms and suites for room service and in the cabinet bars Assessor's Parcel No.: 921-060-055 MSHCP Category: Commercial DIF Category: Service Commercial TUMF Category: Service Commercial Approval Date: January 7, 2009 Expiration Date: January 7, 2011 PLANNING DEPAR TMENT Within 48 Hours of the Approval of This Project PL-1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Two Thousand Fifty- Seven Dollars ($2,057.00) which includes the One Thousand Nine Hundred Ninety- Three Dollar ($1,993.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty-Four Dollar ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. If within said 48-hour period the applicant/ developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void due to failure of condition [Fish and Game Code Section 711.4(c)]. PL-2. The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department. General Requirements PL-3. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL-4. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-5. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant 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. PL-6. The Director of Planning may, upon an application being filed within 30 days prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. PL-7. The applicant shall comply with their Statement of Operations dated December 10, 2008 on file with the Planning Department, unless superseded by these Conditions of Approval. PL-8. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL-9. The City, its Planning Director, 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 Planning Director, Planning Commission and City Council is in addition to, and not in- lieu of, the right of the City, its Planning Director, 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. PL-10. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.A.D.) training from the California Department of Alcoholic Beverage Control. PL-11. 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 (951-676-5090). Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL-12. All of the foregoing conditions for PA08-0228 and PA08-0176 shall be complied with prior to occupancy or any use allowed by this permit. POLICE DEPARTMENT PD-1. Applicant has applied fora Type 47 On-Sale General-Eating Place (Restaurant) which authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Minors are allowed on the premises. PD-2. Applicant will comply with Ordinance 97-07, 9.14.010 Temecula Municipal Code series PD-3. 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, and County or City agency. PD-4. 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). PD-5. Sections 24200.5 (b) and 25657 (a) (b) B&P; Rule 143 CCR: 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. PD-6. 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). PD-7. 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). PD-8. 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 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). PD-9. 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). PD-10. 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 his or her genitals or anus (Rule 143.3 CCR. Also violates sections 311.6 PC if conduct is "obscene," e.g. intercourse, sodomy masturbation, etc.). PD-11. 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). PD-12. Contact the Temecula Police Department for inspections and training for employees, owners and management. This includes special events held at the business location where alcohol will be served for a fee and the event is open to the general public.