HomeMy WebLinkAbout14-002 PC Resolution PC RESOLUTION NO. 14-02
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA13-0261, A MINOR CONDITIONAL
USE PERMIT FOR 1909, A BONA FIDE EATING
ESTABLISHMENT, TO ALLOW FOR A TYPE 47 ABC
LICENSE (ON-SALE GENERAL BEER/WINE/DISTILLED
SPIRITS) AT 28656 OLD TOWN FRONT STREET (APN
922-044-025)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On October 30, 2013, Richard Leigh filed Planning Application No. PA13-
0261, 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 January 15, 2014, 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. PA13-0261 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 proposed use will allow 1909 restaurant to pursue a Type 47 ABC license.
The 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 sales at restaurants, excluding beer and wine, require the
approval of a Minor Conditional Use Permit. A Type 47 ABC license is typical for
restaurants and will be consistent with General Plan and Development Code
policies. The Old Town Specific Plan also requires the approval of a Minor
Conditional Use Permit for the sale of alcoholic beverages with 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 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
establishment are typical in the Downtown Core District Zone of the Old Town
Specific Plan. 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 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 ABC license at an existing commercial
structure. 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 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
Old Town Specific Plan which provided safeguards for the health, safety and
general welfare of the community. Therefore, the project is not anticipated to be
r detrimental to the health, safety and general welfare of the community.
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 conditionally approve the application for a Conditional Use Permit
has been based on substantial evidence in the 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 application will allow the 1909 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 interior and building fagade 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. PA13-0261., a Minor Conditional Use Permit for
1909, a bona fide eating establishment, to allow for a Type 47 ABC license (on-sale
general beer/wine/distilled spirits) at 28656 Old Town Front Street, 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,15th day of January, 2014.
Stanley Harter, Chairman
ATTEST:
Arman o G. i a, Al
Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Armando G. Villa, Secretary of the Temecula Planning Commission, do
hereby certify that the forgoing PC Resolution No. 14-02 was duly and regularly
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the 15th day of January, 2014, by the following vote:
AYES: 5 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Kight,
Telesio
NOES: 0 PLANNING COMMISSIONERS: None
ABSENT: 0 PLANNING COMMISSIONERS: None
ABSTAIN: 0 PLANNING COMMISSIONERS: None
AA
Armajdj G. Vil , AICP
Secretary
EXHIBIT A
CONDITIONS OF APPROVAL
EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA13-0261
Project Description: A Minor Conditional Use Permit for 1909 Restaurant, a bona fide
eating establishment, to allow for a Type 47 ABC license (on-sale
general beer/wine/distilled spirits) at 28656 Old Town Front Street
Assessor's Parcel No.: 922-044-025
MSHCP Category: N/A (No New Square Footage/Grading)
DIF Category: N/A (No New Square Footage)
TUMF Category: N/A (No New Square Footage)
Quimby Category: Exempt (Non-Residential)
Approval Date: January 15, 2014
Expiration Date: January 15, 2016
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 Wildlife 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, or use of a property in conformance with a
Conditional Use Permit.
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. This project and all subsequent projects within this site shall be consistent with
Specific Plan No.5 (Old Town).
PL-7. A separate building permit shall be required for all signage.
PL-8. The development of the premises shall substantially conform to the approved site
plan and elevations contained on file with the Planning Department.
PL-9. 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. To ensure compliance with this Condition of Approval:
a. Spills and leaks must be cleaned up immediately.
b. Do not wash, maintain, or repair vehicles onsite.
c. Do not hose down parking areas, sidewalks, alleys, or gutters.
d. Ensure that all materials and products stored outside are protected from rain.
e. Ensure all trash bins are covered at all times.
PL-10. The applicant shall comply with their Statement of Operations dated December 4,
2013, on file with the Planning Department, unless superseded by these Conditions
of Approval. Hours of Operation shall be Monday through Friday 10 a.m. to 2 a.m.
and Saturday through Sunday 7 a.m. to 2 a.m.
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 Old Town Specific Plan.
PL-12. The applicant shall comply with the City of Temecula Noise Ordinance.
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. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the
City's Development Code.
PL-15. 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 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.
OUTSIDE AGENCIES
PL-16. The applicant shall comply with the recommendations set forth by the County of
Riverside Department of Environmental Health.
BUILDING AND SAFETY DIVISION
General Conditions
B-1. Final Building and Safety conditions will be addressed when building plans are
reviewed and submitted to Building and Safety. 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.
B-2. All design components shall comply with applicable provisions of the 2010 edition of
the California Building, Plumbing and Mechanical Codes; 2010 California Electrical
Code; California Administrative Code,2010 California Energy Codes, 2010 California
Green building Standards, California Title 24 Disabled Access Regulations,
Temecula Municipal Code.
B-3. 2010 California Green Building Standards Provide 10% Voluntary Measures on
project.
B-4. Provide details of all applicable disabled access provisions and building setbacks on
plans.
B-5. Provide disabled access from the public way to the main entrance of the building.
B-6. Provide van accessible parking located as close as possible to the main entry.
B-7. Show path of travel from public right-of-way.
B-8. Submit at time of plan review, a complete exterior site lighting plan showing
compliance with Ordinance Number 655 for the regulation of light pollution. All
streetlights and other outdoor lighting shall be shown on electrical plans submitted
to the Department of Building and Safety. Any outside lighting shall be hooded and
aimed not to shine directly upon adjoining property or public rights-of-way.
B-9. Obtain all building plans and permit approvals prior to commencement of any
construction work.
B-10. Trash enclosures, patio covers, light standards, and any block walls will require
separate approvals and permits.
B-11. Demolition permits require separate approvals and permits.
B-12. On-site sewer and water plans will require separate approvals and permits.
B-13. Signage shall be posted conspicuously at the entrance to the project that indicates
the hours of construction, as allowed by the City of Temecula Municipal Ordinance
9.20.060, for any site within one-quarter mile of an occupied residence. The
permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30
p.m. No work is permitted on Sundays and nationally recognized Government
Holidays.
At Plan Review Submittal
B-14. Provide electrical plan including load calculations and panel schedule, plumbing
schematic, and mechanical plan applicable to scope of work for plan review.
B-15. Provide truss calculations that have been stamped by the engineer of record of the
building and the truss manufacturer engineer.
Prior to Issuance of Building Permit(s)
B-16. Provide appropriate stamp of a registered professional with original signature on
plans.
Prior to Beginning of Construction
B-17. A pre-construction meeting is required with the building inspector prior to the start of
the building construction.
FIRE PREVENTION
General Requirements
F-1. Final fire and life safety conditions will be addressed when building plans are
reviewed by Fire Prevention. These conditions will be based on occupancy, use,
the California Building Code (CBC), California Fire Code (CFC), and related codes
which are in force at the time of building plan submittal.
Prior to Issuance of Building Permit(s)
F-2. This building is currently a non-sprinklered building. It is under the allowable 3,600
square feet, therefore, sprinklers will not be required.
F-3. Hood extinguishing plans are required. Three sets of hood plans must be submitted
by the installing contractor to the Fire Prevention Bureau. The hood system is
required to be tied into and monitored by a fire alarm system.
F-4. Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval.
Three sets of alarm plans must be submitted by the installing contractor to Fire
Prevention. The fire alarm system is required to have a dedicated circuit from the
house panel. Each fire alarm panel is required to have their own dedicated phones
lines and/or cellular service. These plans must be submitted prior to the issuance of
building permit. This is required for the hood system.
Prior to Issuance of Certificate of Occupancy
F-5. Hydrant locations shall be identified by the installation of reflective markers (blue
dots) (City Ordinance 15.16.020).
F-6. New and existing buildings shall have approved address numbers, building numbers
or approved building identification placed in a position that is plainly legible and
visible from the street or road fronting the property. These numbers shall contrast
with their background. Commercial buildings shall have a minimum of 12-inch
numbers with suite numbers being a minimum of six inches in size (CFC Chapter 5
and City Ordinance 15.16.020).
F-7. A "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six
feet in height and be located to the right.side of the fire riser sprinkler room (CFC
Chapter 5).
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. Applicant 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 Temecula Municipal Code Section 9.14.010,
Consumption of Alcoholic Beverages in Public Prohibited.
PD-3. Applicant will ensure that no alcohol is sold to or consumed by any person under the
age of 21.
PD-4. 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-5. 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).
PD-6. 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-7. 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 meals,
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 meals 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-8. 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-9. 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-10. 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-11. Applicant will 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 employers 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) 695-2773.
PD-12. 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-13. 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-14. Any questions regarding these conditions should be directed to the Temecula Police
Department Crime Prevention and Plans Unit at (951) 506-5132.
PUBLIC WORKS DEPARTMENT
No Conditions