HomeMy WebLinkAbout13-021 PC Resolution PC RESOLUTION NO. 13-21
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA13-0070, A MINOR CONDITIONAL
USE PERMIT FOR SPUNTINO'S PIZZERIA AND
DELICATESSEN TO UPGRADE THEIR EXISTING TYPE
41 (ON SALE BEER/WINE EATING PLACE) ABC
LICENSE TO 'A TYPE 47 (ON-SALE GENERAL
BEER/WINE/DISTILLED SPIRITS EATING PLACE) ABC
LICENSE AT 31891 RANCHO CALIFORNIA ROAD, SUITE
F-200 & 300 (APN 954-030-002)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
. A. On March 27, 2013, Jeanette Carvajal filed Planning Application No.
PA13-0070, 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 May 1, 2013, 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. PA13-0070 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:
Minor Conditional Use Permit, Development Code Section 17.04.010
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 use will allow Spuntino's Pizzeria and Delicatessen restaurant to pursue a
Type 47 ABC license. Tlie project is conditioned to be consistent with the
Statement of Operations as proposed. Per the City of Temecula Development
Code (Table 17.08.030), alcoholic beverage sa/es at restaurants, excluding beer
and wine, require the approval of a Minor Conditional Use Permit. A Type 47
license is typical for restaurants and will be consistent with General Plan and
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� Development Code policies. The Margarita Village Specific Plan (SP-3) also
requires the approval of a Minor Conditional Use Permit for the sale of alcoholic
beverages within a bona fide eating establishment.
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;
Restaurants serving full alcohol as an ancillary use to bona fide eating
establishmenf are typical in the Neighborhood Commercial District Zone. The
proposed application has been reviewed to ensure it is compatible with the
nature, condition and development of adjacent uses, buildings and structures.
Further, 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 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 will allow for a Type 47 ABC license at an existing restaurant
location. The site will remain 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 as 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;
The project meets all requirements of the Development Code, General Plan, and
Margarita Village Specific Plan which provided safeguards for the health, safety
and general welfare of the community. Therefore, the project is not anticipated to
be detrimental to fhe 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 Application:
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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 application will allow Spuntino's Pizzeria and Delicatessen restaurant to
obtain a Type 47 ABC license. The Type 47 ABC license will allow for the
consumption of beer, wine, and distilled spirits. The proposed project will be
within an existing building and involves minor tenant improvements. These
improvements will not result in the creation of any new square footage to the
structure.
Section 4. Conditions. The Planning Commission of the City of Temecula
approves Planning Application No. PA13-0070, a Minor Conditional Use Permit for
Spuntino's Pizzeria and Delicatessen to upgrade their existing Type 41 (on sale
beer/wine eating place) ABC license to a Type 47 (on-sale general beer/wine/distilled
spirits eating place) ABC � license at 31891 Rancfio California Road, Suite F-200 & 300
subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and
incorporated herein by this reference.
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Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 1 day of May, 2013.
`9' `�
John Telesio, Chaicman
ATTEST:
Patrick Richardson, Secretary
[SEAL]
' ,
STATE�OF Ct?cLIFORNIA )
COUNTY C)F RIVERSIDE )ss
CITY OF TEMECULA )
I, Patrick Richardson, Secretary of the Temecula Planning Commission, do
hereby certify that the forgoing PC Resolution No. 13-21 was duly and regularly
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the 1 St day of May, 2013, by the following vote:
AYES: 4 PLANNING COMMISSIONERS: Carey, Guerriero, Kight, Telesio
NOES: 0 PLANNING COMMISSIONERS: None
ABSENT: 1 PLANNING COMMISSIONERS: Harter
ABSTAIN: 0 PLANNING COMMISSIONERS: None
Patrick Richardson, Secretary
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EXHIBIT-A
CONDITIONS OF APPROVAL
EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA13-0070
Project Description: A Minor Conditional Use Permit for Spuntino's Pizzeria and
Delicatessen restaurant to upgrade their existing Type 41 (on-sale
beer and wine) ABC license to a Type 47 (on-sale general beer,
wine, and distilled spirits eating place) ABC license at 31891
Rancho California Road, Suite F-200 & 300 (Meadows Village
Shopping Center)
Assessor's Parcel No.: 954-030-002
MSHCP Category: NA (No New Square Footage/Grading)
DIF Category: NA (No New Square Footage)
TUMF Category: NA (No New Square Footage)
Quimby Category: Exempt (Non-Residential)
Approval Date: , May 1, 2013
Expiration Date: May 1, 2015
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 Fifty Dollars
($50.00) 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
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 sfored outside
are protected from rain. Ensure all trash bins are covered at all times.
PL-8. The applicant shall comply with their Statement of Operations submitted March 27,
2013, on file with the Planning Department, unless superseded by these Conditions
of Approval. Hours of Operation shall be seven days a week from 10 a.m. to 11
p.m.
PL-9. 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-10. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the
City's Development Code.
PL-11. No live entertainment is permitted as part of this Conditional Use Permit application.
� Any proposed live entertainment would require amendment to the approVed
Conditional Use Permit or approval of a Temporary Use Permit in conformance with
the Development Code.
PL-12. 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 acldition 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. �
POLICE DEPARTMENT
PD-1. Applicant has applied to upgrade from a Type 41 (beer and wine) to a Type 47 On-
Sale, General — Eating Place (Restaurant) license, 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.
Applicant must operate and rnaintain the licensed premises as a bona fide eating
place. Minors are allowed on the premises.
PD-2. Applicant shall comply with Temecula Municipal Code Section 9.14.010,
Consumption of Alcoholic Beverages in Public Prohibited.
PD-3. Applicant must complete a LEAD training either given by the Department of
� Alcoholic Beverage Control, or an ABC certified equivalent course.
PD-4. Applicant shall ensure that no alcohol is sold to, possessed by or consumed by any
person under the age of 21.
PD-5. 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.
PD-6. 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. �
PD-7. 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-8. 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 ineals 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-9. 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-10. 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-11. 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 premises area includes the parking lot
Sections 24200 (a) (B&P) and 25601 B&P; 316 PC).
PD-12. Applicant shall ensure all employees involved with the sales, service and
identification checks for the purpose of any sales of alcoholic beverages are trained
in the proper procedures and identification checks. The Temecula Police
Department provides free training for all 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 Temecula Police Department
Crime Prevention and Plans Unit at (951) 506-5132.
PD-13. Any questions regarding these conditions should be directed to the Temecula Police
Department Crime Prevention and Plans Unit at (951) 506-5132.
FIRE PREVENTION
General Requirements
F-1. The Fire Department has no Conditions for the upgrade of the liquor license.
F-2. For the expansion of the restaurant, general tenant improvement permits will be
required for the fire sprinkler and alarm systems. Those permits will be obtained
from the Fire Department.
BUILDING AND SAFETY DEPARTMENT
No conditions
PUBLIC WORKS DEPARTMENT
No conditions