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HomeMy WebLinkAbout09-015 PC ResolutionPC RESOLUTION NO. 09-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NOS. PA09-0174 AND PA09-0195, A CONDITIONAL USE PERMIT FOR A TYPE-70 ABC LICENSE TO ALLOW COMPLIMENTARY HAPPY HOUR AND ON-SALE CONSUMPTION OF BEER, WINE, AND DISTILLED SPIRITS, WITH AN ASSOCIATED FINDING OF PUBLIC CONVENIENCE OR NECESSITY, FOR SPRINGHILL SUITES HOTEL UNDER CONSTRUCTION AT 28220 JEFFERSON AVENUE, GENERALLY LOCATED NORTH OF RANCHO CALIFORNIA ROAD AND SOUTH OF DEL RIO ROAD (APN 921-060-047) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On May 11, 2009, David Krzywicki, filed Planning Application No. PA09- 0174 Conditional Use Permit Application in a manner in accord with the City of Temecula General Plan and Development Code. B. On June 10, 2009, David Krzywicki, filed Planning Application No. PA09- 0195 Finding of Public Convenience or Necessity Findings Application in a manner in accord with the City of Temecula General Plan and Development Code. C. The Applications were processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Applications and environmental review on August 5, 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. E. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application Nos. PA09-0174 and PA09-0195 subject to and based upon the findings set forth hereunder. F. 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 17.04.010E) A. The proposed conditional use is consistent with the General Plan and the Development Code; The proposal for the Springhill Suites by Marriott 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 anticipates 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 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 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 addressed 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 a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The proposed conditional use for alcohol does not involve any construction activity. The Springhill Suites by Marriott Hotel (PA06-0316) was approved in conformance with the requirements of the Development Code. The proposed CUP 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 also consistent with all Development Code requirements. E. That the decision to approve, conditionally approve, or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal; The decision to conditionally approve the application has been based on substantial evidence in view of the record as a whole. Findings of Public Convenience or Necessity (Development Code Section 17.10.020.6.5) F. Is the proposed use consistent with the General Plan and the Development Code; The proposal for the Springhill Suites by Marriott 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 anticipates 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. G. Is the proposed use compatible with the nature, condition and character of the adjacent land uses; The furnishing or sale of alcohol is an incidental use to the existing hotel. The hotel is being constructed adjacent to an existing center within the Highway Tourist Commercial zone. Adjacent uses include the approved/future Crown Plaza Hotel, and existing Hampton Inn and retail/restaurant uses. The proposed incidental alcohol use for hotel guests is compatible with the nature, condition and character of adjacent land uses. H. Will the proposed use have an adverse affect on adjacent land uses; It is not anticipated that the proposed use will have an adverse affect on adjacent land uses, as all of the adjacent land uses are either hotels or retail/restaurant type uses, and the proposed project is anticipated to add to the convenience and amenities of hotel guests. I. Would the proposed use result in an excessive number of similar establishments in close proximity; Currently, there are sixty (60) active licenses for on-sale consumption within Census Tract 0432.15. The Census Tract area includes the area east of the 1-15 from the City's northern boundary at Cherry Street south to Temecula Parkway (all of Old Town), plus areas in the City of Murrieta and County of Riverside to the north and west of Temecula's City limits. These licenses are primarily for restaurants. The request for a Type-70 license would be the only of its kind in the Census Tract, however it is considered an on-sale license and therefore classified the same as licenses issued to restaurants offering on-sale consumption. Granting the license for Springhill Suites in this Census Tract would not result in an excessive number of similar establishments. Another license would result in added amenity for guests at the hotel. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1 Existing Facilities); 1. The request for a Minor Conditional Use Permit and Finding of Public Convenience or Necessity for a Type-70 (On-Sale General-Restrictive Service) at the Springhill Suites by Marriott will be conducted within an existing building in a developed retail shopping center. All access and public utilities are available to the site. The proposed use with issuance of a CUP is in conformance with all zoning requirements of the Development Code. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application Nos. PA09-0174 and PA09-0195, a Conditional Use Permit for a Type-70 (On Sale General - Restrictive Service) ABC license, with an associated Finding of Public Convenience or Necessity for the Springhill Suites by Marriott to furnish and sell beer, wine and distilled spirits to hotel guests. The hotel is under construction at 28220 Jefferson Avenue. This approval is 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 5t' day of August 2009. Stanley Harter, Chairman ATTEST: Gj <a~ Patrick Richardson, Secretary [SEAL] -STATE OFrGA;LIFORNIA ) ZOUNT-'`OF RIVERSIDE )ss CITY-OF-TEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 09-15 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of August 2009, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Kight, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None Patrick Richardson, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA09-0174 and PA09-0195 Project Description: Planning Application Numbers PA09-0174 and PA09-0195, a Conditional Use Permit for a Type-70 ABC license to allow complimentary happy hour and on-sale consumption of beer, wine, and distilled spirits, with an associated Finding of Public Convenience or Necessity, for Springhill Suites Hotel under construction at 28220 Jefferson Avenue, generally located north of Rancho California Road and south of Del Rio Road Assessor's Parcel No.: 921-060-059 MSHCP Category: N/A DIF Category: N/A TUMF Category: N/A Approval Date: August 5, 2009 Expiration Date: August 5, 2011 PLANNING DEPARTMENT 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 Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/ developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). General Requirements PL-2. 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 orappointed 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-3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-4. 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-5. The Planning Director 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-6. A separate building permit shall be required for all signage. PL-7. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staffs prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. PL-8. The applicant shall comply with their Statement of Operations dated May 20, 2009, attached and on file with the Planning Department, unless superseded by these Conditions of Approval. PL-9. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL-10. 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-11. 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-12. 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-13. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. POLICE DEPARTMENT General Requirements PD-1. Applicant has applied for a Type-70 license, On Sale General - Restrictive Service, which authorizes the sale or furnishing of beer, wine and distilled spirits for consumption on the licensed premises to the establishment's overnight transient occupancy guests and their invitees. Minors are allowed on the premises. PD-2. Applicant will comply with Temecula Municipal Code section 9.14.010, consumption of alcoholic beverages in public prohibited. 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. 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 in any common area of the establishment (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-7. Employees involved with the sale or service of alcoholic beverages must have received LEADS training as required by the Department Of Alcoholic Beverage Control prior to the opening of the business or before any alcohol may be served. The Temecula Police Department provides free additional training for employees and management. To schedule a training session, please contact the Crime Prevention and Plans office at (951) 695-2773. 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. If you have any questions regarding these conditions, please contact the Crime Prevention and Plans office at (951) 695-2773.