HomeMy WebLinkAbout2023-04 PC ResolutionPC RESOLUTION NO.2023-04
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA CONFIRMING THE DECISION
OF ADMINISTRATIVE LAW JUDGE NYE-PERKINS TO
REVOKE THE CONDITIONAL USE PERMIT ISSUED TO
THE BANK, LOCATED AT 28645 OLD TOWN FRONT
STREET
Section 1. The Planning Commission of the City of Temecula does hereby find,
determine and declare that:
A. In November 2007, Craig Puma from CNC Puma Corporation submitted an
application to the City for a Minor Conditional Use Permit on behalf of the Bank of Mexican Food
Restaurant ("the Bank") located at 28645 Old Town Front Street in Temecula ("the Property").
Craig Puma from CNC Puma Corporation was the applicant. The application including the consent
of the property owner Maureen Licata aka Maureen Meardon.
B. On January 3, 2008, the Planning Director approved Planning Application No.
PA07-0314, a Minor Conditional Use Permit to upgrade a Type 41 ABC License (On -sale beer
and wine -eating place) to a Type 47 ABC License (on -sale general) to authorize the sale of beer,
wine and distilled spirits at the Bank.
C. On October 9, 2008, Craig Puma from CNC Puma Corporation submitted an
application to the City for a Minor Modification Application on behalf of the Bank of Mexican
Food Restaurant ("the Bank") located at 28645 Old Town Front Street in Temecula ("the
Property"). Craig Puma from CNC Puma Corporation was the applicant. The application
including the consent of the property owner Maureen Licata.
D. On October 9, 2008, the Planning Department approved Planning Application No.
PA08-0236, a Minor Modification to Minor Conditional Use Permit (PA07-0314) to extend the
hours of operation for the sale, service and consumption of alcohol at the Bank.
E. On February 27, 2012, Craig Puma from CNC Puma Corporation submitted an
application to the City for a Minor Modification on behalf of the Bank of Mexican Food Restaurant
("the Bank") located at 28645 Old Town Front Street in Temecula ("the Property"). Craig Puma
from CNC Puma Corporation was the applicant. The application including the consent of the
property owner Maureen Licata.
F. On February 28, 2012, the Planning Department approved Planning Application
No. PA12-0041, a Minor Modification to Minor Conditional Use Permit (PA07-0314) to allow for
dinner entertainment for the purpose of providing background music at the Bank. The February
28, 2012 approval contained additional conditions which called out certain hours of operation for
the Bank.
G. The Minor Conditional Use Permit (PA07-0314), as modified on October 9, 2008
(PA08-0236) and on February 28, 2012 (PA12-0041) is a single CUP and is referred to collectively
hereinafter as "the Bank CUP".
H. Beginning in March 2021, the City's Code Enforcement Division issued 109 Civil
Penalty Notice and Orders to the CNC Puma Corporation due to violations of the Bank CUP
including for violating approved operational hours beyond I1:00 p.m.; having excessive noise
levels including with outside speakers over allowed noise levels; and failing to have a CUP for
amplified music and live entertainment.
I. On May 19, 2022, the Planning Director sent a notice to: (1) CNC Puma
Corporation care of Brand Landon as the Agent for Service of Process; Craig Puma, the Bank; and
Amanda Moore, who is an officer of CNC Puma Corporation and manager of the Bank, advising
that he was recommending that the Bank CUP be revoked. The City subsequently sent a notice to
Zip Third Investments, LLC, the entity who had become the successor in interest of the Property
from the estate of Maureen Licata and advised that the Planning Director was recommending that
the CUP be revoked.
J. Consistent with Temecula Municipal Code § 17.03.085, the revocation proceeding
was held at a noticed public hearing before the State Office of Administrative Hearings with
Administrative Law Judge Nye -Perkins presiding on August 31, 2022 and September 1, 2022.
K. On or about October 19, 2022, Judge Nye -Perkins issued an order revoking the
CUP. A copy of the Order is attached hereto as Exhibit "A" as if set forth in full herein,
L. On February 21, 2023, the Planning Commission held a duly noticed public hearing
as prescribed by law, at which time the City staff, representatives from CNC Puma, Zip Third
Investments, LLC and interested persons had an opportunity to and did comment on whether the
Planning Commission should confirm, modify or overrule the Order. CNC Puma was represented
by legal counsel James Penman of Milligan, Beswick, Levine & Knox, LLP; Zip Third
Investments was represented by Tyler Sherman of Cole Huber LLP and Rick Edwards of Rick
Edwards, Inc.
M. All legal preconditions to the adoption of the Resolution have occurred.
Section 2. Approval of Administrative Law Judge Ruling
A. The Planning Commission of the City of Temecula hereby adopts the findings of
fact and conclusions of law issued by Judge Nye -Perkins in the October 19, 2022 decision revoking
the CUP, which is attached hereto as Exhibit "A" as if set forth in full subject to the following
modifications finding that the permit holder of The Bank CUP is CNC Puma Corporation and also
finding that the property owner is Zip Third Investments who has property interest in the BANK
CUP which runs with the land.
B. Pursuant to Temecula Municipal Code § 17.03.085, the Planning Commission
hereby confirms the decision of Administrative Law Judge Nye -Perkins revoking the Bank CUP.
PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission
this 1' day of March, 2023.
Lanae Turleyqrejo, Chair
ATTEST:
Denise Jacobo, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Denise Jacobo, Secretary of the Temecula Planning Commission, do hereby certify that
the foregoing PC Resolution No. 2023-04 was duly and regularly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof held on the 1" day of March,
2023, 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
Denise Jacobo, Secretary