Loading...
HomeMy WebLinkAbout19-06 PC Resolution PC RESOLUTION NO. 19-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-1478, A CONDITIONAL USE PERMIT FOR AN EXISTING OSCAR'S BREWERY AND PAT'S KITCHEN RESTAURANT TO UPGRADE A LIQUOR LICENSE FROM A TYPE 41 ABC LICENSE (ON-SALE BEER AND WINE) TO A TYPE 75 ABC LICENSE (ON SALE GENERAL — BREWPUB) AND FOR LIVE INDOOR ENTERTAINMENT LOCATED AT 29375 RANCHO CALIFORNIA ROAD, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Section 1 Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On October 29, 2018, Kathryn Conniff filed Planning Application No. PA18- 1478 a.Conditional Use Permit, and Planning Application No PA18-1477 a Modification (collectively, "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 20, 2019, 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. PA18-1478, 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 Conditional Use Permit hereby finds, determines and declares that consistent with Development Code Section 17 04 010.E• A. The proposed conditional use is consistent with the General Plan and the Development Code The project currently operates as a full-service restaurant with the primary purpose of offering a full menu of food items with select wines and beers. The proposed conditional use is consistent with the City of Temecula General Plan and Rancho Highlands Specific Plan which conditionally allows for restaurants to operate with a Type 75 On-Sale General(Brewpub) license and live entertainment. The sale of distilled spirits, the brewing of beer, and live indoor entertainment would serve incidental uses to the establishment's operations. 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 project is an existing restaurant within the Rancho Highlands Specific Plan area. As conditioned, the proposed conditional use for a Type 75 On-Sale General (Brewpub) license and live indoor entertainment are compatible with the nature, condition and development of adjacent uses (vacant land, a religious institution, and open space in the form of the Temecula Duck Pond), buildings and structures. The proposed conditional use will not adversely affect the adjacent uses, buildings or structures as the proposed uses are incidental to the existing establishment's operations and no increase in square footage of the building or the number of parking spaces is proposed. 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 application does not propose an increase in square footage to the existing restaurant building and therefore 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 Rancho Highlands Specific Plan. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project meets all the requirements of the Rancho Highlands Specific Plan, Development Code, Fire Code and the Building Code, which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not detrimental to the health, safety and general welfare of the community. E. That the decision to 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 for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Planning Commission. 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: 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, Existing Facilities); The project is proposing exterior modifications to an existing restaurant, a Type 75 On-Sale General (Brewpub) license, and live indoor entertainment. The exterior modifications to the restaurant will not be adding any square footage to the building and will be adding an outdoor recreation area that includes bocce ball, a seating area, and an outdoor fire pit. The project is therefore categorically exempt from CEQA pursuant to CEQA Guidelines section 15301. The project consists of the operation, maintenance of an existing private structure involving the negligible or no expansion of use beyond that existing at the time that the City makes this determination. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA18-1478, a Conditional Use Permit for an existing Oscar's Brewery and Pat's Kitchen Restaurant to upgrade a liquor license from a Type 41 ABC License (On-Sale Beer and Wine) to a Type 75 ABC License (On Sale General — Brewpub) and for live indoor entertainment located at 29375 Rancho California Road, and makes a finding of exemption under the California Environmental Quality Act (CEQA), 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 20th day of February, 2019. Gary Wa , Chairperson ATTEST: ) 1 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 forgoing PC Resolution No. 19-06 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20th day of February, 2019, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Guerriero, Telesio, Turley-Trejo, Watts, Youmans NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None Luke Watson Secretary EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA18-1478 Project Description: A Conditional Use Permit to allow for Oscar's Brewery & Pat's Kitchen to upgrade their liquor license from a Type 41 ABC License (On-Sale Beer and Wine)to a 75 ABC License (On Sale General— Brewpub) and for live indoor entertainment located at 29375 Rancho California Road. Assessor's Parcel No.: 944-330-015 MSHCP Category: N/A(no new grading) DIF Category: N/A(no new square footage) TUMF Category: N/A(no new square footage) Quimby Category: N/A(non-residential) New Street In-lieu of Fee: N/A(not located within the Uptown Temecula Specific Plan area) Approval Date: February 20, 2019 Expiration Date: February 20, 2021 PLANNING DIVISION General Requirements 1. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys 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. 2. 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. 3 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. 4. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 5 Food Service The bona fide public eating place shall serve a full menu at all hours that alcohol is served. 6. Statement of Operations. The applicant shall comply with their Statement of Operations dated January 9, 2019, 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 7. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17 03.080 of the City's Development Code. 8. 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 9. 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 10. 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. 11. Hours of Operation. Hours of operation for the business shall be Monday thru Thursday from 11.00 a.m. to 10:00 p.m., Friday from 11:00 a.m. to 2.00 a.m., Saturday from 9:00 a.m to 2:00 a.m. and Sunday from 9:00 a.m to 10:00 p.m POLICE DEPARTMENT General Requirements 12. Type 75 License. The applicant has applied for a Type 75 License (On-Sale General-Brewpub). A Type 75 license authorizes the sale of beer, wine and distilled spirits for consumption on a bona fide eating place plus a limited amount of brewing beer. Minors are allowed on the premises. 13. 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. 14. 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. 15. 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. 16. 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). 17. 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). 18 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 19. 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.) 20 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). 21. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. , I