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HomeMy WebLinkAbout2024-01 PC Resolution PC RESOLUTION NO. 2024-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA23-0450, A CONDITIONAL USE PERMIT APPLICATION FOR A RESTAURANT TO OBTAIN A TYPE 47 ALCOHOL LICENSE(ON-SALE BEER, WINE,AND DISTILLED SPIRITS) AT THE COMMERCIAL SITE LOCATED AT 31093 TEMECULA PARKWAY, SUITE D6 AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 961-410-048) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On November 22,2023, Richard Leigh filed Planning Application No. PA23-0450, 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 February 21,2024, 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. PA23-0450 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. Toast restaurant will operate as a full-service restaurant with the primary purpose of offering a full menu offood within a restaurant building. The proposed conditional use is consistent with the Temecula Creek Village Planned Development Overlay 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 Planning Area 4R of the Temecula Creek Village Planned Development Overlay. 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. Toast restaurant is proposed within an existing shopping center on a developed lot within the Professional Office (PO) 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, Class 1, Existing Facilities, licensing and permitting that involves negligible or no changes in use qualify for a categorical exemption. Alcohol sales are incidental uses and the sale of beer, wine, and 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, Statement of Operations,and Plans. The Planning Commission of the City of Temecula approves Planning Application No. PA23-0450, subject to the Final Conditions of Approval set forth on Exhibit A, Statement of Operations set forth on Exhibit B, and the Plans 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 21st day of February 2024. RI) 411lik gzeye. Bob Hagel, Chair ATTEST: 150 Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the foregoing PC Resolution No. 2024-01 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 21 st day of February 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 Luke Watson Secretary CITY OF TEMECULA CONDITIONS OF APPROVAL ACCEPTANCE Planning Application Number: PA23-0450 Parcel Number(s): 961-410-048 By signing below, I/we have agreed to the following Conditions of Approval, including (but not limited to) any referenced documents, local state, or federal regulations, statement of operations, hours of operation, floor plans, site plans, and Conditions that may require the payment or reimbursement of fees, as described. I/we have read the attached Conditions of Approval and understand them. I/we also understand that violations or non-compliance with these Conditions of Approval, may delay a project, and/or result in the revocation of a permit in accordance with the Temecula Municipal Code. I/we are also responsible for disclosing these Conditions of Approval to any successive owners/operators. I/we agree and commit to the City of Temecula that I/we will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions. Property Owner Printed Name Property Owner Signature & Date Applicant Printed Name Applicant Signature & Date EXHIBIT CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA23-0450 Project Description: Toast CUP:A Conditional Use Permit to allow for Toast restaurant to obtain an ABC Type 47 (On-Sale General —Eating Place) located at 31093 Temecula Parkway, Suite D6. Assessor's Parcel No.: 961-410-048 MSHCP Category: N/A(No New Grading) DIF Category: N/A(No New Construction) TUMF Category: N/A(No New Construction) Quimby Category: N/A(Non-Residential) New Street In-lieu of Fee: N/A(Project is not located in Uptown Temecula Specific Plan Area) Approval Date: February 21, 2024 Expiration Date: February 21, 2026 PLANNING DIVISION Within 48 Hours of the Approval Page 1 of 6 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 6 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 Planned Development Overlay. This project and all subsequent projects within this site shall be consistent with Temecula Village Creek Planned Development Overlay (PDO-4) . 6. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and statement of operations contained on file with the Planning Division. 7. Signage Permits. A separate building permit shall be required for all signage. 8. Bona Fide Eating Place. Type 47 (On Sale General) 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. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 11. Posting of Local Transportation Providers. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce at(951) 676-5090. 12. Termination of Alcohol Sales. The last call indicating the termination of the sale of alcohol shall be no less than one half(1/2) hour prior to closing for all nights of operation. Page 3 of 6 13. Live Entertainment License. No Live Entertainment is provided as part of this permit, and all entertainment must comply with Chapter 9.10 Municipal Code Section. 14. Police Departments Sales and Consumption. The sales and consumption of alcoholic beverages shall be in accordance with your current ABC license, Type 47. 15. Hours of Operation & Termination of Alcohol Sales. The hours of operation for this conditional use permit shall be from 7:00 AM to 3:00 PM, seven days a week. These hours of operation shall supersede any previous conditions of approval and take precedence over any other conditions of approval in this document that may reference operating hours and times. Hours of operations may be altered temporarily with the approval of a valid limited duration temporary use permit. Hours of operations may be permanently altered only by an approved amendment to this conditional use permit. Under all circumstances, including instances where the establishment closes earlier than the above listed times, the last call indicating the termination of the sale of alcohol shall be no less than on half(1/2) hour prior to closing for all nights of operation. BUILDING AND SAFETY DIVISION General Requirements 16. 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. 17. 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. 18. 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. 19. Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley Unified School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 20. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 21. 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. Page 4 of 6 22. Occupancy. The business shall comply with the occupant loads as required by the California Building Code and all appropriate permitting requirements needed by all external agencies, including but not limited to the water district, sewer district and health department. POLICE DEPARTMENT General Requirements 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. 26. 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. 27. 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. 28. No Alcohol Sales Between 2:00 am and 6:00 am. Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. Section 25631 B&P Code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00 a.m. Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter that the law. Those licenses are marked "Conditional" (23805 B&P). 29. Inspections. Police officers, sheriff's deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, 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). Page 5 of 6 30. Disorderly House. Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off sale) that: (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc; and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premise includes the parking lot (Section 25601 B&P; 316 PC). 31. 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. 32. Entertainment Rules/ Live Entertainment. Events where entertainment is to be provided must abide by California Code of Regulations Rule 143.2 (Attire and Conduct) and CCR Rule 143.3 (Entertainers and Conduct). Notwithstanding any of the provisions of Rules 143.2, and 143.3, no on-sale licensee shall employ, use the services of, or permit upon his licensed premises, any entertainment or person so attired as to be in violation of any city or county ordinance. 33. 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). 34. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Sheriff's Station CORE Team at (951) 240-4230. Page 6 of 6 CITY OF TEMECULA SECTION C: PLANNING DEPARTMENT CONDITIONALLY STATEMENT OF OPERATIONS APPROVED November 1, 2023 SUBJECT TO THE FINDINGS AND CONDITIONS OF APPROVAL,AS APPROVED. MODIFICATIONS REQUIRE CITY APPROVAL. Project: Toast Yannin Marquez 02/21/2024 Ricky Leigh 31093 Temecula Parkway Suite D6 Temecula, CA 92591 The establishment is currently a full-service restaurant with a Type 41 license. Proposing a Type 47 liquor license, including beer, wine and spirits. No other changes to hours, seating, menu, etc. No live music or loud entertainment. It is located in a permanent, pre-existing structure. 280 parking spaces. 30 employees total. Maximum 12 on staff at any given moment. Hours: Mon-Sun 7am —3pm The purpose is to better serve our guests with spirit-based bloody marys and irish coffees along with their breakfast. The atmosphere is that of a café. There is currently a need for breakfast restaurants that serve spirits at 7:00 am. This is an underserved area of the community. In fact, there are only a few Type 47 license holders in the entire city that are open at that time. Even with this license, our menu is not going to change. We currently offer soju cocktails, so the only adjustment is from the soju ingredient to a spirit-based ingredient. We believe in running restaurants that serve alcohol responsibly and we have many years of experience doing so. In order to serve responsibly, we never offer discounts, deals or promotions. Our other location in Murrieta has been open 2 years, with a Type 47, and has experienced zero alcohol related issues (which can be verified with the City of Murrieta and the police department). In addition, this restaurant is only open daily til 3 pm, so there is no negative impact to nightlife. These hours, along with our proven responsible service, is not an adverse impact on the community, citizens or guests. We are not adjusting our hours, seating or capacity, so there is no impact to traffic, parking or street system. Thank you for your time on this. Feel free to reach out to me directly if you have any questions. 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