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HomeMy WebLinkAbout10-018 PC Resolution PC RESOLUTION NO. 10-18 , A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10-0002, A MINOR CONDITIONAL USE PERMIT TO ALLOW MIMI'S CAFE TO UPGRADE THEIR EXISTING LIQUOR LICENSE FROM A TYPE 41 TO A TYPE 47 AND INSTALL A SMALL ENTRANCE GATE TO THE EXISTING OUTDOOR PATIO AREA GENERALLY LOCATED 1,200 FEET EAST OF THE WINCHESTER ROAD AND YNEZ ROAD INTERSECTION AT 40825 WINCHESTER ROAD (APN 910-290-018) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On January 11, 2010, Summer Merhoff, filed Planning Application No. PA10-0002 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 October 20, 2010, 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. PA10-0002 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: 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; The proposed conditional use is designed to allow an existing restaurant to upgrade their existing Type 41 liquor license to a Type 47. This request is common for restaurant uses and is consistent with the General Plan and Development Code. 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 has been reviewed and conditioned to ensure it is compatib/e 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. 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 proposed conditional use is for the upgrade of an existing restaurant's liquor license from a Type 41 to a Type 47. This is a common request for restaurants. The applicant has also closed off openings in the existing patio wall by installing a steel access gate and terra cotta p/ant. As a resu/t, the condifiona/ use is now 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 P/anning Commission or Council 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; The proposed conditional use will allow an existing restaurant to upgrade their liquor license from a Type 41 to a Type 47. The proposed project is consistent with the requirements outlined in the Deve/opment Code; and building code. The requirements for the proposed conditional use are intended to protect the health and safety of those in and around the site. This conditional use has been reviewed and conditioned to ensure it is not defrimental to the health, safety, and general welfare of the communify. 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 approve, conditionally approve or deny the application for a Conditional Use Permit will be based on substantia/ 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 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); The proposed project is for the upgrade of an existing liquor license at an existing restaurant. No new square footage is proposed as part of the project. Minor construction for the project will consist of the installation of a small access gate that will be attached to an existing wal/ structure. The proposed use, with issuance of the CUP is in conformance wifh al/ zoning requirements of the Development Code and the General Plan. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA10-0002, a Minor Conditional Use Permit to allow Mimi's Cafe, located at 40825 Winchester Road, to upgrade their existing liquor license from a Type 41 to a Type 47 and install a small entrance gate to the existing outdoor patio area, 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 20 day of October,2010. � ��� � Carl rey, Chairman ATTEST: � Patrick Richardson, Secretary . ,.��SEAi:.]}� . . ; :.. .. ,, . '. _. _, _. , : i _ .rr. . -.s' - . .. ' . ". STATE`OF CALIF_C�jRNIA ) `�OUNTY OF RIV�RSIDE )ss CfT�'' �F TE�ViECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 10-18 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20 day of October 2010, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Guerriero, Harter, Kight, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 1 PLANNING COMMISSIONERS: Carey Patrick Richardson, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APP.ROVAL Planning Application No.: PA10-0002 Project Description: A Minor Conditional Use Permit to allow Mimi's Cafe, to upgrade their existing liquor license from a Type 41 to a Type 47 and install a small entrance gate to the existing outdoor patio area located at 40825 Winchester Road, generally located 1,200 feet east of the Winchester Road and Ynez Road intersection Assessor's Parcel No.: 910-290-018 � MSHCP Category: Exempt (No New Square Footage) DIF Category: Exempt (No New Square Footage) TUMF Category: Exempt (No New Square Footage) Approval Date: October 20, 2010 Expiration Date: October 20, 2012 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 pollars ($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 or appointed S 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 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. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL-7. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters. Ensure that all materials and products stored outside are protected from rain. Ensure all trash bins are covered at all times. PL-8. 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 staff's 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. MATERIAL COLOR Steel Fencing Black Potted Plant Terra Cotta Design PL-9. The applicant shall comply with their Statement of Operations submitted January 11, 2010, on file with the Planning Department, unless superseded by these Conditions of ApprovaL . PL-10. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL-11. 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 fo, 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-12. 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, or a certified training program approved by the California Department of Alcoholic Beverage Control. PL-13. 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). PL-14. The applicant shall adhere to all requirements stipulated by the State of California Department of Alcoholic Beverage Control. PL-15. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. PL-16. The applicant shall comply with th'e Public Art Ordinance. PL-17. Restaurant hours, including the sale of beer wine and distilled spirits, shall be Monday through Sunday from 7 a.m. —12 a.m. Prior to Issuance of Building Permit(s) OUTSIDE AGENCIES PL-18. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated January 21, 2010, a copy of which is attached. POLICE DEPARTMENT General Requirements � PD-1. Applicant has applied for a Type 47 On-Sale General — Eating Place (Restaurant) which authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises and authorizes the sale of beer and wine for consumption off 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, 0.14.010 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). Military identification cards are not required to have a physical description. 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 ineals, 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 ineals 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, 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). 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. The applicant must insure that the patio area be fenced and Type 47 have emergency exit gates with self closing and locking devices on the two gates. PD-13. Refer any and all questions regarding these conditions to the Crime Prevention and Plans Officer, (951) 506-6793. C� �NTY OF �SI�IER�ID�: � CtJM� .�11T`�' �-I��L��'� ,�G�N�:`� . � T � �' � � �,�� � �;.���� � . : � . . ���n.��� City of Temecula ----2---,- - . . : ._,..--'��� Planning Department ���� � � ��.�� c/o Eric Jones PO BOX 9033 � , .� -� Temecula, CA 92589-9033 �;� � � � � __,� °� � � 21 January 2010 RE: PA10-0002 - The Department of Environmental Health (DEH) has received and reviewed the PA 10- 0002 (Mimi's Cafe) for the Minor Conditional Permit to permit an upgrade of their existing liquor license from a Type 41 to a Type 47 of the Mimi's Cafe restaurant located at 40705 Winchester Road, Temecula, CA under the applicant: SWH Corporation. The restaurant building located on this Assessor's Parcel Number (APN 910-290-005) is conrtected to a potable water line and sanitary sewer from an approved purveyor. Any upgrading of the approximately 30% of the floor space of the existing kitchen which includes ovens, grills, sinks, blenders, refrigeration systems, microwaves and all other necessary items for the restaurant's use of the building shall require REHS inspector compliance by the County of Riverside DEH. If your have any questions, please do not hesitate to call me at 951.955.8980 Sincerely, /i ✓ �; �,, F� %, :' ' � i ! � , i i , i Gregor Dellenbach, REHS EHS 100058 -- — --- — -- --- - -- — __ .. LocaF Lnfnrcen�ent A�ency • P0. Box 1280, Riverside, CA 9?502 128(1 �951 ��� R9�2 � f�AX f9`�1,? 7�1 yh5;� ^ 4(14'I L,� ��r� �h'� �� F r�l �. ti'� �o r��. <<< -, t,nnc� �Jse and !lUnter Engineering • [?0, Box 1206, Rivarside. CA 97502-1ZU6 !'� 11 )�S-Sy$Ll � FAX 195] ) �)'��-�5903 �IU?�(.l :.F,, noi 5r�t, t . �� ; ����r ��vv� . ���:rr. �- � �� ,