HomeMy WebLinkAbout2023-19 PC Resolution PC RESOLUTION NO.2023-19
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA23-0236, A MODIFICATION
APPLICATION TO A CONDITIONAL USE PERMIT TO
REVISE CONDITIONS OF APPROVAL RELATED TO
OPERATING HOURS FOR A NEW RESTAURANT
(KALAVERAS). THE PROPOSED REVISIONS WILL
ALLOW THE RESTAURANT TO REMAIN OPEN UNTIL
12:00 AM ON FRIDAYS AND SATURDAYS.
ADDITIONALLY, SATURDAY AND SUNDAY OPENING
HOURS WILL BEGIN AT 10:00 AM. THE RESTAURANT
MUST OPEN AT 11:00 AM ON SATURDAYS AND
SUNDAYS AND CLOSE AT 11:00 PM ON FRIDAYS AND
SATURDAYS UNDER THE CURRENT CONDITIONAL USE
PERMIT. AND MAKING A FINDING OF EXEMPTION
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT(CEQA)(APN 922-033-021)
Section 1. Procedural Findings. The Planning Commission of the City of Temecula
does hereby find, determine and declare that:
A. On March 17,2021,the Planning Commission approved Planning Application No.
PA20-1074, a Conditional Use Permit application for a proposed Type 47 (On-Sale General —
Eating Place) Alcoholic Beverage Control (ABC) license for a future restaurant located at 28588
Old Town front Street, second floor.
B. On June 6, 2023, Jose Bahena, filed Planning Application No. PA23-0236, a
Major Modification Application, in a manner in accord with the City of Temecula General Plan
and Development Code.
C. The Application was processed including, but not limited to a public notice, in the
time and manner prescribed by State and local law.
D. The Planning Commission, at a regular meeting, considered the Application and
environmental review on November 1,2023,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.
E. At the conclusion of the Planning Commission hearing and after due consideration
of the testimony, the Planning Commission approved Planning Application No. PA23-0236
subject to and based upon the findings set forth hereunder.
F. 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:
Modifications, Development Code Section 17.05.030.E
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 application will allow for a modification to an existing CUP that will increase a
proposed restaurant's closing time from 11:00 PM to midnight on Friday's and Saturdays.
The original CUP was approved for a restaurant and the new use is also a restaurant.
Restaurants continue to be a permitted use with the Old Town Specific Plan. Therefore, the
use will remain in conformance with the General Plan for Temecula and with all applicable
requirements of State law and other Ordinances of the City.
B. The overall development of the land is designed for the protection of the public
health, safety, and general welfare.
The application will allow for a modification to an existing CUP that will increase a
proposed restaurant's closing time from 11:00 PM to midnight. The project has been
reviewed to ensure compliance with the Building, Development, and Fire Codes. These
codes contain provisions designed to ensure for the public health, safety, and general
welfare. Negative impacts are not anticipated.
Section 3. Environmental Findings. The Planning Commission hereby makes the
following environmental findings and determinations in connection with the approval of the
Major Modification 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 a revision to an existing CUP to extend the closing time on Fridays and
Saturdays to accommodate a new restaurant. There are no revisions proposed to the existing site
or structure as part of the application. The CUP was originally approved for a restaurant. The
new use is also a restaurant. The additional operational hours on Friday and Saturday evenings
represents a negligible expansion of the former use.
Section 4. Conditions, Statement of Operations,and Plans. The Planning Commission
of the City of Temecula approves Planning Application No. PA23-0236, a Modification
Application to a Conditional Use Permit to revise Conditions of Approval related to operating
hours for a new restaurant located at 28588 Old Town Front Street, subject to the Final Conditions
of Approval set forth on Exhibit A, Statement of Operations set forth on Exhibit B, and the Plans
set forth on Exhibit C, attached hereto, and incorporated herein by this reference.
PASSED,APPROVED AND ADOPTED by the City of Temecula Planning Commission
this 1st day of November, 2023.
Lanae Turley-T o, Chair
ATTEST:
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Luke Wats n
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 foregoing PC Resolution No. 2023-19 was duly and regularly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof held on the 1st day of
November, 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
10*--1\)'-'4L
Lu f t-
Watson
Secretary
CITY OF TEMECULA
CONDITIONS OF APPROVAL ACCEPTANCE
Planning Application Number: PA23-0236
Parcel Number(s):
922-033-021
By signing below, I/we have agreed to the following Conditions of Approval, including (but not limited
to) any referenced documents, local state, or federal regulations, statement of operations, hours of
operation, floor plans, site plans, and Conditions that may require the payment or reimbursement
of fees, as described. I/we have read the attached Conditions of Approval and understand them.
I/we also understand that violations or non-compliance with these Conditions of Approval, may
delay a project, and/or result in the revocation of a permit in accordance with the Temecula
Municipal Code. I/we are also responsible for disclosing these Conditions of Approval to any
successive owners/operators. I/we agree and commit to the City of Temecula that I/we will
implement and abide by the Conditions of Approval, including any indemnification requirements
imposed by those conditions.
Property Owner Printed Name Property Owner Signature & Date
Applicant Printed Name Applicant Signature & Date
EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA23-0236
Project Description: Kalaveras CUP MOD:A Modification Application to a Conditional Use Permit
to revise Conditions of Approval related to operating hours for a new
restaurant (Kalaveras). The proposed revisions will allow the restaurant to
remain open until 12:00 AM on Fridays and Saturdays.Additionally, Saturday
and Sunday opening hours will begin at 10:00 AM. The restaurant must open
at 11:00 AM on Saturdays and Sundays and close at 11:00 PM on Fridays
and Saturdays under the current Conditional Use Permit. The Project is
located at 28588 Old Town Front Street, 2nd Floor.
Assessor's Parcel No.: 922-033-021
MSHCP Category: N/A(No New Square Footage or Grading)
DIF Category: N/A(No New Square Footage)
TUMF Category: Per WRCOG Requirements
Quimby Category: N/A(Non-Residential Projects)
New Street In-lieu of Fee: N/A (Not Located within the Uptown Temecula Specific Plan)
Approval Date: November 1, 2023
Expiration Date: November 1, 2025
PLANNING DIVISION
Within 48 Hours of the Approval
Page 1 of 16
Applicant Filing Notice of Determination. APPLICANT ACTION REQUIRED:
The applicant/developer is responsible for filing the Notice of Determination as required under
Public Resources Code Section 21152 and California Code of Regulations Section 15062 within
48 hours of the project approval. If within said 48-hour period the applicant/ developer has not
filed the Notice of Determination as required above, the approval for the project granted shall
be void due to failure of this condition. Failure to submit the Notice of Exemption will result in an
extended period of time for legal challenges.
FEES:
Fees for the Notice of Exemption include the Fifty Dollar County ($50.00) administrative fee.
The County of Riverside charges additional fees for credit card transactions.
FILING:
The City shall provide the applicant with a Notice of Determination within 24 hours of approval
via email. If the applicant/developer has not received the Notice of Determination within 24
hours of approval, they shall contact the case Planner immediately. All CEQA documents must
be filed online with the Riverside County Assessor—County Clerk- Recorder.A direct link to the
CEQA filings page is available at TemeculaCA.gov/CEQA.
COPY OF FILINGS:
The applicant shall provide the City with a digital copy of the required filings within 48 hours.
General Requirements
2. Indemnification of the City. Indemnity, Duty to Defend and Obligation to Pay Judgments and
Defense Costs, Including Attorneys' Fees, Incurred by the City. The Applicant shall defend,
indemnify, and hold harmless the City, its elected officials, officers, employees, volunteers,
agents, and those City agents serving as independent contractors in the role of City officials
(collectively "Indemnitees") from and against any claims, damages, actions, causes of actions,
lawsuits, suits, proceedings, losses, judgments, costs, and expenses (including, without
limitation, attorneys'fees or court costs) in any manner arising out of or incident to the Planning
Commission's actions, this approval and the City Council's actions, related entitlements, or the
City's environmental review thereof. The Applicant shall pay and satisfy any judgment, award
or decree that may be rendered against City or the other Indemnitees in any such suit, action,
or other legal proceeding. The City shall promptly notify the Applicant of any claim, action, or
proceeding and the City shall reasonably cooperate in the defense. If the City fails to promptly
notify the Applicant of any claim, action, or proceeding, or if the City fails to reasonably
cooperate in the defense, the Applicant shall not thereafter be responsible to defend, indemnify,
or hold harmless the City or the Indemnitees. The City shall have the right to select counsel of
its choice. The Applicant shall reimburse the City, and the other Indemnitees, for any and all
legal expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. Nothing in this condition shall be construed to require the Applicant
to indemnify Indemnitees for any claim arising from the sole negligence or willful misconduct of
the Indemnitees. In the event such a legal action is filed challenging the City's determinations
herein or the issuance of the approval, the City shall estimate its expenses for the litigation. The
Applicant shall deposit said amount with the City or, at the discretion of the City, enter into an
agreement with the City to pay such expenses as they become due.
Page 2 of 16
3. 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.
A modification made to an approved development plan does not affect the original approval date
of a development plan.
4. 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 five extensions of time,
one year at a time.
A modification made to an approved development plan does not affect the original approval date
of a development plan.
5. Consistency with Specific Plans. This project and all subsequent projects within this site shall
be consistent with Specific Plan No. 5 (Old Town).
6. Conformance with Approved Plans. The development of the premises shall substantially
conform to the approved site plan and elevations contained on file with the Planning Division.
7. Modifications or Revisions. The developer shall obtain City approval for any modifications or
revisions to the approval of this project.
8. Bona Fide Eating Place. Type 47(On Sale General) licensees must operate and maintain their
licensed premises as a bona fide eating place. The on-site sales and consumption of alcohol
are an incidental and ancillary use to the restaurant use.A licensee is presumed to be operating
as a bona fide eating place if the quarterly gross sales of food prepared and sold to guests on
the premises exceeds the gross sales of alcoholic beverages for the same period. The licensee
shall at all times maintain records which reflect separately the gross sales of food and the gross
sale of alcoholic beverages on the licensed premises. The records shall be kept no less
frequently than on a quarterly basis and shall be made available to the City, or its designee,
upon demand. A full menu shall be available for order during all hours that alcohol is served.
The premises where the licensee operates must possess a full restaurant kitchen facility
containing conveniences for cooking such as a working refrigerator and cooking devices. The
premises must offer sit-down meal service and food menus. "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 with the requirement to provide meals. The
premises must comply with all regulations of the health department.
9. Food Service. The bona fide public eating place shall serve a full menu at all hours that alcohol
is served.
10. Statement of Operations. The applicant shall comply with their Statement of Operations dated
October 11, 2023, 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.
11. Previous Conditions of Approval. All previous Conditions of Approval from PA20-1074 shall
remain in full effect unless superseded herein.
12. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section
17.03.080 of the City's Development Code.
Page 3 of 16
13. 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.
14. 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.
Required before final approval to open.
15. Advertising. The applicant shall have no exterior advertising or signs of any kind or type,
including advertising directed to the exterior from within or promoting or indicating the availability
of alcoholic beverages. Interior displays of beer and wine beverages or signs which are clearly
visible to the exterior shall constitute a violation of this condition.
16. Attire and Conduct. "Attire and Conduct. On-sale ABC license applicants may not permit these
acts:
"(1) To employ or use any person in the sale or service of alcoholic beverages in or upon the
licensed premises while such person is unclothed or in such attire, costume or clothing as to
expose to view any portion of the female breast below the top of the areola or of any portion of
the pubic hair, anus, cleft of the buttocks, vulva or genitals.
(2) To employ or use the services of any hostess or other person to mingle with the patrons
while such hostess or other person is unclothed or in such attire, costume or clothing as
described in paragraph (1) above.
(3) To encourage or permit any person on the licensed premises to touch, caress, or fondle the
breasts, buttocks, anus or genitals of any other person.
(4) To permit any employee or person to wear or use any device or covering, exposed to view,
which simulates the breast, genitals, anus, pubic hair or any portion thereof."
(5) California Code of Regulations, Section 143.2; also violates Penal Code Section. 311.6 if
conduct is "obscene;" e.g., intercourse, sodomy, masturbation, etc.) "
17. Availability of Alcohol Service After 10 p.m. "Availability of Alcohol Service. ABC-licensed
businesses open past 10:00 p.m. shall adhere to the following:
An hour before closing:
-Limit the sale of alcohol products to items containing one alcohol serving (.60 ounces of pure
ethanol) or less; and
-Limit the patron to one alcoholic drink per order.
-Thirty minutes before closing, new alcohol service shall cease.
-Last call shall be made early enough to ensure service ceases prior to closing, but in no event
may last call be later than thirty minutes before closing."
Page 4 of 16
18. Availability of Meals. Availability of Meal Service. Meals shall be available up to a minimum of
30 minutes before closing.ABC-licensed businesses Type 47 shall operate as a bona fide eating
place in compliance with California Business and Professions Code Sections 23038 and 23787.
19. Banned Customer Loq. The applicant shall maintain a log of any banned customer. The
applicant shall provide the banned customer log to law enforcement and/or code enforcement,
immediately upon request. Required before final approval to open.
20. Bartender Training. "Bartender Training. Bartenders shall be trained to properly build cocktails.
At a minimum, bartenders shall be trained to build the cocktails on the Cocktail Recipe List, as
defined above.
The applicant shall retain a copy of all cocktail recipes on the premises at all times and shall
produce them immediately upon the request of any law enforcement or code enforcement
officer.
The applicant shall retain a record of each bartender's Cocktail Recipe List training for a
minimum of three years and shall be made available for review by any law enforcement or code
enforcement officer upon request. Testing shall determine competency in bartender's ability to
identify ingredients, price, and number of alcohol servings
Opening staff are required to be trained before final approval to open. New staff hired thereafter
must be trained within 30 days of employment date (defined as when the employee signs a
contract or completes tax identification documents)."
21. Cocktail Recipe List. Cocktail Recipe List. The applicant shall document and maintain a
cocktail recipe list, as defined above. The applicant shall retain a copy of the recipe list on the
premises at all times and shall produce it immediately upon the request of any law enforcement
or code enforcement officer. Required before final approval to open.
22. Compliance with ABC Laws. "Compliance with ABC Laws.All on-sale licensed establishments
shall operate in strict compliance with all Alcoholic Beverage Control laws and regulations. This
includes, but is not limited to a prohibition on:
• Selling alcoholic beverages to an obviously intoxicated person or habitual drunkard (BPC
Section 25602(a), PEN Section 397)
• Selling alcoholic beverages to a person under age 21 (BPC Section 25658(a))
• Allowing a person under age 21 to consume alcoholic beverages (BPC Section 25658(b))
• Illegal drug activity (BPC Section 24200.5(a) and H&S code violations)
• Disorderly house (BPC Section 25601, PEN Section 316)
• Creating a law enforcement problem (BPC Section 24200(a))
• Drink solicitation (BPC Section 24200.5(b), 25657(a)(b), 4 CCR Section 143, PEN Section
303(a))
• ABC license conditions (BPC Section 23804)
• Allowing an intoxicated person to enter and remain in the licensed premises (BPC Section
24200(a), PEN Section 647(f))"
Page 5 of 16
23. Conditions of Approval Post. Conditions of Approval Posting. The applicant shall post the City
of Temecula conditions of approval in a place readily visible and available for reading by the
business' staff members.
The City of Temecula Approval Letter for the Conditional Use Permit shall be displayed on the
premises in a conspicuous place so that law enforcement and city staff entering the
establishment may readily see the Conditional Use Permit. A copy of the stamped approved
floor plan/site plan approved with the Conditional Use Permit and the full set of Conditionals of
Approval (including all previous approvals) shall always be kept on the premises and made
available at the request of any law enforcement officer, fire marshal, code officer, or deputy fire
marshal.
24. Cut-Off Loq. "Cut-off log" means a record of customers who were cut off from further alcohol
service, and patrons not permitted in the business due to existing intoxication level. The record
shall include the date of incident, a brief description for cut-off, a description of the customer,
and the customer's name, if known. The applicant shall
provide the cut-off log to law enforcement and/or code enforcement, immediately upon
request. Required before final approval to open.
25. Disorderly House. 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. The applicant shall
institute security and operational measures necessary to comply with this requirement.
26. Drink Potency Posting. Drink Potency in Marketed Alcoholic Beverages Posting. The applicant
shall identify and document the "drink potency," as defined below, of all alcoholic beverages
visually marketed to customers in any manner, including menus, displays, tabletops, table tents,
and boards. Required before final approval to open.
""'Drink potency" means the total number of alcohol servings in a drink. This is calculated by
summing the total number of ounces of pure alcohol in a drink, dividing by .60, and rounding
the answer to the closest 10th. For example, an Adios recipe:
.50 ounces of tequila that is 40%ABV = .20 pure alcohol (.5 times .4 = .20)
.50 ounces of vodka that is 40%ABV =.20 pure alcohol
(.5 times .4 = .20)
.50 ounces of gin that is 40%ABV (.5 times .4 = .20) _ .20 pure alcohol
.50 ounces of rum that is 40%ABV (.5 times .4 = .20) = .20 pure alcohol
.50 ounces of triple sec that is 15%ABV (.5 times .15 = .075) = .075 pure alcohol
The sum of pure alcohol
= .0875
Drink Potency: 1.5 alcohol servings (.875 divided by .60 = 1.46, rounded to closest 10th = 1.5)"
Page 6 of 16
27. Drinker Guide Posting. Drinker Guide Posting. The applicant shall display a notification to
customers containing the information for a "drinker guide," as defined below. The drinker guide
information shall be presented as a stand-alone display or incorporated into menus. The
information shall be easily readable with a minimum font size of 10 pt.
—Drinker guide" means the information displayed, providing customers with the knowledge to
monitor and moderate their alcohol consumption. The guidance is contained in a stand-alone
display or menus.At a minimum, a drinker guide includes:
• Reference to research or studies that indicate:
-Those consuming alcohol experience more pleasure, satisfaction, or enjoyment when keeping
their inebriation to a moderate level.
-Those with moderate inebriation are less likely to be harmed or harm others than those with
greater inebriation.
-Moderate alcohol inebriation typically occurs at a BAC below .06%.
• Definition of one alcohol serving as:
-12 ounces of beer with an ABV of .5%
-5 ounces of wine with an ABV of 12%
-1.5 ounces of liquor with an ABV of 40%
• Basic information to help patrons guide their inebriation to below .06% by tracking their
number of alcohol servings or BAC, for example:
-Males weighing more than 200 lbs. can consume 4 alcohol servings paced over 2 hours and
stay in the safer and moderate "pleasure zone"
-Females weighing more than 165 lbs. can consume 2-3 alcohol servings paced over 2 hours
and stay in the safer and moderate pleasure zone
•Recommending the downloading of cell apps that help track BAC
The statement, "Any level of inebriation impairs. It is always smart to use a designated driver or
ridesharing.""
28. Entertainers and Conduct. Entertainers and Conduct. On-sale ABC license applicants 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
[customer]. 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" (4 California Code of
Regulations Section 143.3 CCR; also violates Penal Code Section 311.6 if conduct is"obscene,"
e.g., intercourse, sodomy, masturbation, etc.)
Page 7 of 16
29. Entertainment Prohibited. Entertainment is prohibited unless applicant is issued an
Entertainment License, the Entertainment License is active and valid, and the applicant is in full
compliance with its Conditional Use Permit and Entertainment License conditions.
""Entertainment." Entertainment means any single event, a series of events, or an ongoing
activity or business, occurring alone or as part of another business, to which the public is invited
(by advertisement or word of mouth) or allowed to watch, listen, or participate in, or is conducted
for the purposes of holding the attention of, gaining the attention of, or diverting or amusing
patrons, including, but not limited to:
1. Dancing by patron(s) or staff to live or recorded music.
2. The presentation of music played on sound equipment operated by an agent or contractor
of the establishment. This may or may not include a "disc jockey" or "DJ."
3. The presentation of live music whether amplified or non-amplified.
4. The presentation of music videos, music concerts or other similar forms of musical
entertainment from any source.
5. Any amusement or event such as live music or other live performance which is knowingly
permitted by any entertainment establishment, including presentations by single or multiple
performers, such as hypnotists, pantomimes, magicians, comedians, karaoke, song or dance
acts, plays, concerts, any type of contest, events with live animals/reptiles, sporting events,
exhibitions, carnival or circus acts, demonstrations of talent or items for gift or sale; shows,
reviews, and any other such activity which may be attended by members of the public."
30. Exterior Sign Posting. Exterior Sign Posting. When residential areas exist adjacent to the
licensed premises, the applicant shall, at all times, display a sign of at least ten inches by ten
inches at all exits and within all parking areas,worded as follows: "Please respect our neighbors
by exiting quietly and not loitering." Required before final approval to open.
31. Food and Beverage Sales Documentation. Food and Beverage Sales Documentation. The city
shall have the right during business hours upon 15 days'notice to inspect the books and records
of the applicant to determine the gross sales of food and or the gross sales of alcoholic
beverages. Upon request at the time the city inspects the books and records of the applicant
the applicant shall also submit to the city copies of all records submitted to the State Board of
Equalization for purposes of computing sales tax. Applicant gives the right to the city to review
the records of the State Board of equalization for the purpose of verifying the applicant's books
and records with the understanding that these reviews are confidential.
32. Graffiti. Graffiti on the property shall be removed within 72 hours from the time of its
occurrence.
33. Headcount Log. "Headcount log" is a mechanically kept headcount tally using, for example, a
hand-held clicker or headcounter app. The headcount tally is maintained during busy hours of
operation, e.g., 11:00 p.m. until closing. The headcount tally includes the working staff and is
noted on a written log. The applicant shall provide the headcount log to law enforcement and/or
code enforcement, immediately upon request. Required before final approval to open.
The applicant shall not allow the number of occupants inside the premise building to exceed the
establishment's maximum occupant load as determined by the Temecula Fire Department.
34. ID Guide Manual. ID Guide Manual. To aid in examining IDs, the applicant shall obtain and
use an up-to- date multi-state identification manual. Required before final approval to open.
Page 8 of 16
35. Inspections. Inspections; Cooperation with Law Enforcement. Police officers, sheriffs deputies
and Alcoholic Beverage Control agents are sworn law enforcement officers with the power of
arrest. Whether in plain clothes or uniformed, these officers have a legal right under Business
and Professions Code Section 25755 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, storerooms, offices, closed or locked cabinets and safes, kitchen, or any area
within the licensed premises. Licensees shall not deny entry to, resist, delay, or obstruct or
assault any law enforcement officer.
36. Maintenance of Real Property and Surrounding Areas. Maintenance of Real Property. The
applicant shall permanently maintain the premises' real property in an orderly fashion by the
provision of regular maintenance, the removal of trash, litter, and debris from the premises and
on all abutting sidewalks within 20 feet of the premises.
37. Manager on Duty Posting. "Manager on Duty Posting. During business hours, the applicant
shall post the name of the staff member who is responsible for the business during that shift.
The posting must be legible and visible to the public when entering the business. The
responsible person must be:
• An employee
• Certified in accordance with the responsible beverage service training requirements in
California Business and Professions Code Section 25683.
• Aware of all requirements in the conditional use permit, entertainment license (as
applicable), and ABC license
Required before final approval to open."
38. Meal Defined. "Meals,"as defined in California Business and Professions Code Section 23038
and clarified by an ABC Advisory, means the usual assortment of foods commonly ordered at
various hours of the day; what a reasonable person might consider being a meal consumed at
breakfast, lunch, or dinner; food served in a reasonable and sufficient quantity that it would
constitute a main course, including sandwiches and salads that are substantial.A MEAL IS NOT
pre-packaged sandwiches and salads, snacks such as pretzels, nuts, popcorn, pickles, chips,
food ordinarily served as appetizers or first courses, side dishes, reheated or refrigerated or
frozen entrees, or desserts.
39. Morphing. Morphing is prohibited. "Morphing" means a change in the business operations of
a permitted restaurant to a nightclub, without appropriate permits. Morphing often involves a
business adding non-permitted entertainment or dancing or extending hours of operation
beyond the hours approved by the city."
40. No Alcohol Sales. No Alcohol Sales Between 2:00 AM and 6:00 AM. Applicants 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.
(Business and Professions Code Section 25631). Applicants may not permit customers 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. (Business and Professions Code Section 25632).
Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter
than the law. Those licenses are marked "Conditional" (Business and Professions Code Section
23805). Alcohol may not be served beyond the approved hours of operation listed in the Hours
of Operation Condition or the Availability of Alcohol Service After 10 p.m. Condition.
41. Occupancy Posting. Occupancy Posting. The establishment's maximum occupant load
number shall be posted over the main exit. Additionally, occupancy signs shall be posted in
spaces and rooms that have been deemed to have a maximum occupancy load. Required
before final approval to open.
Page 9 of 16
42. Outside Lighting. "Outside Lighting. The applicant shall provide lighting, as certified by a
qualified lighting engineer, at a minimum level of one-foot candle of lighting throughout private
parking lots and access areas serving the business. The applicant shall provide sufficient
lighting during the hours of darkness to ensure customers have a clear, lighted path from the
event area to their vehicles. Said lighting shall be directed, positioned, and shielded in such a
manner as not to unreasonably illuminate the windows of nearby residences.
All lighting affixed to the exterior of buildings less than 8 feet high shall be vandal resistant. All
lighting must obtain Building Permits and Planning approval and comply with the Palomar
Lighting Ordinance, or any subsequent lighting ordinance for the City of Temecula.
Required before final approval to open."
43. Overservice Posting. Overservice Posting at Main Entrance and Main Bar. The applicant of
each licensed business shall maintain a clearly legible permanent sign, not less than 7" x 11" in
size reading, "It is illegal to sell or serve alcohol to a person who is obviously intoxicated" at the
main entrance and main bar, where it can be readily visible to employees and customers. The
lettering of such sign shall be no less than one inch in height. Required before final approval to
open.
44. Overservice Posting on Menu. Overservice Posting on Menu. The applicant of each on-sale
licensed business that has one or more menus available for the public shall include and maintain
a clearly legible statement on at least one of the menus reading, "It is illegal to sell or serve
alcohol to a person who is obviously intoxicated." Required before final approval to open.
45. Alcohol Policies and Procedures. "Alcohol policies and procedures" means a document
describing the establishment's rules and procedures on selling alcohol. Topics shall include, but
not be limited to, checking IDs, refusing to serve intoxicating customers, safe rides, no drinking
on duty,watching out for predatory behavior such as spiking of drinks, violence, and maintaining
a drug-free workplace. The applicant shall provide the Alcohol Policies and Procedures to law
enforcement and/or code enforcement, immediately upon
request.
46. Alcohol Serving. —Alcohol serving." One alcohol serving contains .60 ounces of pure alcohol
(ethanol). For example:
1.50 ounces of 80-proof distilled spirits (40%ABV- alcohol by volume)
1.50 times .40 = .60 ounces of pure alcohol
12 ounces of a standard beer (5%ABV- alcohol by volume)
12 times .05 = .60 ounces of pure alcohol
5 ounces of most wines (12%ABV- alcohol by volume)
5 times .12 = .60 ounces of pure alcohol "
47. Cocktail Recipe List. —Cocktail recipe list"means a documented compilation of cocktail recipes
that includes the quantity of each ingredient and the number of alcohol servings, as defined
above, in each cocktail, which determines each cocktail's potency. It includes, at a minimum,
the recipes for the following:
-A minimum of 50 popular cocktails
-All house specialty cocktails
- Cocktails identified on the menu(s)"
The applicant shall provide the Cocktail Recipe List to law enforcement and/or code
enforcement, immediately upon
request.
Page 10 of 16
48. Drink Potency. -Drink potency" means the total number of alcohol servings in a drink. This is
calculated by summing the total number of ounces of pure alcohol in a drink, dividing by .60,
and rounding the answer to the closest 10th. For example, an Adios recipe:
.50 ounces of tequila that is 40%ABV = .20 pure alcohol (.5 times .4 = .20)
.50 ounces of vodka that is 40%ABV =.20 pure alcohol
(.5 times .4 = .20)
.50 ounces of gin that is 40%ABV (.5 times .4 = .20) = .20 pure alcohol
.50 ounces of rum that is 40%ABV (.5 times .4 = .20) = .20 pure alcohol
.50 ounces of triple sec that is 15%ABV (.5 times .15 = .075) = .075 pure alcohol
The sum of pure alcohol
= .0875
Drink Potency: 1.5 alcohol servings (.875 divided by .60 = 1.46, rounded to closest 10th = 1.5)"
49. Post Opening Law Enforcement Meeting. Police and Security Staff Meeting. Within 30 days of
opening, it is the responsibility of the applicant to contact the Police, arrange and hold a
90-minute meeting attended by all security staff and floor managers.
50. Pre-Openinq Law Enforcement Meeting. Police and Management Staff Meeting. Before
opening, it is the responsibility of the applicant to contact the Police, arrange and hold a
90-minute meeting attended by all floor management levels, including bar, server, and security
department leads.
51. Private Clubs/Rooms/Areas Prohibited. Private Club Rooms or Areas. No on-sale applicant
shall maintain a room or designated area reserved for the exclusive use of designated persons
or "private club members," unless the applicant has been issued a Duplicate On-Sale General
License for Designated Persons under Business and Professions Code Section 24042(b).
"Designated persons" means an organization or group with a membership, purpose, and
principal address that must be revealed to Department of Alcoholic Beverage Control (ABC) at
the time of application for the duplicate license. The Business and Professions Code only
permits the sale of alcoholic beverages to "private club members" at premises licensed with a
Club (Type 51), Veterans Club (Type 52), or Special On-Sale General (Type 57)ABC license.
52. Private Security. Private Security. If private security is utilized, the applicant shall ensure the
security company is licensed, bonded, and insured. Security personnel must be unarmed.
Required before final approval to open.
53. Queuing Line. Queuing lines shall be managed in an orderly manner and all disruptive and/or
intoxicated customers shall be denied entry. The applicant shall be responsible for monitoring
the queuing lines at all times.
The outdoor queuing line shall not block public walkways or obstruct the entry or exit of adjacent
businesses."
Page 11 of 16
54. Responsible Beverage Service Training. Every alcohol manager and every alcohol server
shall obtain and maintain a current responsible beverage service training course certification as
required by Business and Professions Code Section 25683.
An alcohol server, as defined in Business and Professions Code Section 25680 and Department
of Alcoholic Beverage Control policy, is anyone who does any of the following:
1. Checks customer identification for purposes of alcoholic beverage service.
2. Checks customer identification for entry to an ABC on-premises licensed establishment.
3. Takes customer alcoholic beverage orders.
4. Pours alcoholic beverages for customers.
5. Delivers alcoholic beverages to customers.
An alcohol manager, as defined in Business and Professions Code Section 25680 and
Department of Alcoholic Beverage Control policy, is anyone who trains, directly hires, or
oversees alcohol servers at an ABC licensed premises, or who trains alcohol servers how to
perform the service of alcohol for consumption for an ABC on-premises license. This definition
specifically excludes an employee or contractor of another separate ABC license who is training
alcohol servers for marketing or distribution purposes.
55. Right to Cancel. Right to Cancel Event. The Temecula Police Department reserves the right to
stop, cancel, or temporarily delay all or portions of any activities occurring at this establishment
when police or public safety becomes a significant concern.
56. Security Meeting Prior to Opening. "Security Meeting. The applicant shall schedule an on-site
meeting with law enforcement to review security needs as well as Crime Prevention Through
Environmental Design (CPTED). Based on increased service calls or input from the surrounding
commercial tenants, the Community Development Director or the Chief of Police may require
additional security requirements such as:
• Security plan, as defined in Temecula Municipal Code Section 17.34.010
• Licensed security staff at the business during specific hours
• Additional licensed security staff and/or security measures
Required before final approval to open. "
57. Security Personnel Outside. As applicable, security personnel working outside shall wear a
uniform in accordance with Temecula Municipal Code Section 9.11.090 and shall engage
customers as needed to deter loitering, unlawful conduct of employees and patrons, to promote
the safe and orderly assembly and movement of persons and vehicles, and to prevent
disturbances to surrounding uses and the neighborhood by excessive noise created by patrons
entering or leaving the premises.
Page 12 of 16
58. Security Surveillance System Requirements. The applicant shall:
• Install and maintain a closed-circuit television (CCTV) system consisting of ultra
high- definition video technology (recording 4K resolution or higher at a minimum resolution of
3840 x 2160), capable of saving 4K recorded video for at least 30 days and saving a copy to a
disc or flash drive.
• Post a notice that video recording is in progress.
• Document the needed steps to retrieve recorded information.
• Ensure on site personnel have a working knowledge on how to retrieve video and save it to
a disc or flash drive.
• Permit review of the recording by law enforcement immediately upon request.
• Save a copy of any requested video and provide it immediately to law enforcement upon
request.
• Require all staff-customer disagreements, as feasible, to occur in a well-lit location being
videotaped.
Required before final approval to open."
59. Separate Permits. A separate building permit shall be required for all signage.
60. Staff Alcohol Consumption. No staff member shall work while under influence of alcohol or
drugs in violation of Penal Code Section 647(f) or while obviously intoxicated.
61. Type-47. Type 47 License. The applicant has applied for a Type 47 license (On-Sale General
Eating Place (Restaurant). This license authorizes the sale of beer, wine, and distilled spirits for
consumption on the licenses premises. Authorizes the sale of beer and wine for consumption
off the licenses premises. Must operate and maintain the licensed premises as a bona fide
eating place. Must maintain suitable kitchen facilities and must make actual and substantial
sales of meals, as defined above, for consumption on the premises. Minors are allowed on the
premises.
62. Verification of Training. Verification of Responsible Beverage Service Training. In accordance
with Business and Professions Code Section 25682(b)(1), the applicant shall ensure that each
alcohol server and alcohol manager it employs has a valid training certification. California Code
of Regulations Section 169 provides that a licensee may establish the validity of an employee's
certification using the license administrator account. The licensee shall maintain records of
certifications for inspection, upon request, by the Department of Alcoholic Beverage Control.
Required before final approval to open.
63. Hours of Operation & Termination of Alcohol Sales. The hours of operation for this conditional
use permit shall be as follows:
Monday: 11:00 a.m. - 11:00 p.m.
Tuesday: 11:00 a.m. - 11:00 p.m.
Wednesday: 11:00 a.m. - 11:00 p.m.
Thursday: 11:00 a.m. - 11:00 p.m.
Friday: 11:00 a.m. - 12:00 a.m.
Saturday: 10:00 a.m. - 12:00 a.m.
Sunday: 10:00 a.m. - 11:00 p.m.
These hours of operation shall supersede any previous conditions of approval and take
precedence over any other conditions of approval in this document that may reference operating
hours and times. Hours of operations may be altered temporarily with the approval of a valid
limited duration temporary use permit. The hours of operations may be permanently altered only
by an approved amendment to this conditional use permit.
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. (Added at the November 1, 2023 Planning
Commission Hearing)
Page 13 of 16
BUILDING AND SAFETY DIVISION
General Requirements
64. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed
when building construction plans are submitted to Building and Safety for review. 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.
65. Compliance with Code. All design components shall comply with applicable provisions of the
most current edition of the California Building, Plumbing and Mechanical Codes; California
Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24
Disabled Access Regulations, and Temecula Municipal Code as identified in Title 15 of the
Temecula Municipal Code.
66. ADA Access. Applicant shall provide details of all applicable disabled access provisions and
building setbacks on plans to include:
a. Disabled access from the public way to the main entrance of the building.
b. Van accessible parking located as close as possible to the main entrance of the building.
c. Accessible path of travel from parking to the furthest point of improvement.
d. Path of accessibility from parking to furthest point of improvement.
e. Accessible path of travel from public right-of-way to all public areas on site, such as trash
enclosures, clubhouses, and picnic areas.
67. Occupancy. The proposed Conditional Use Permit is limited to a Occupancy of (302) broken
down into the following:
Area 1: Interior 204
Area 2: PatioNeranda 98
FIRE PREVENTION
General Requirements
68. Flaming Foods. The preparation of flaming foods or beverages in place of assembly and
drinking and dining establishments (Section 308.1.8 of the California Fire Code) was not
adopted by the California State Fire Marshals Office or the City of Temecula; therefor, flaming
foods and beverages are not allowed in the City of Temecula.
69. Fire Requirement Pyrotechnics. There will be no Pyrotechnics allowed in this restaurant at any
time. Safe and Sane Fireworks are not allowed nor are they permitted in the City of Temecula.
Prior to Issuance of Building Permit(s)
70. Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted
electronically to the Fire Prevention Bureau for approval. Fire sprinkler plans must be
submitted by the installing contractor to the Fire Prevention Bureau. These plans must be
submitted prior to the issuance of building permit.
71. Required Submittals (Fire Alarm Systems). Fire alarm plans shall be submitted electronically
to the Fire Prevention Bureau for approval. Fire alarm plans must be submitted by the installing
contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated
circuit from the house panel. These plans must be submitted prior to the issuance of building
permit.
Prior to Issuance of Certificate of Occupancy
Page 14 of 16
72. Additional Submittals - Hood Extinguishing Systems. The developer/applicant shall be
responsible for obtaining hood extinguishing permits for all cooking hood systems that emit
grease laden vapors.
POLICE DEPARTMENT
General Requirements
73. Type 47 License. The 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.
74. 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.
75. Ensure No Alcohol Sold or Consumed by Person Under the Age of 21. The applicant shall
ensure that no alcohol is sold to or consumed by any person under the age of 21.
76. 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.
77. 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.
78. 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.
79. 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, storeroom, 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).
Page 15 of 16
80. 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.
81. 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.)
82. 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).
83. 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.
Page 16 of 16
CI,OF TEYECUU
APPROVED PA23 0236
OF TO ECUA DARTIAPPROVAI
PROJECT
RTMEETS WM.STA DART
PROJECT MEETS ZONING STAF'MDS
PERMITS ARE REQUIRED
EXHIBIT B
Date—October 11th,2023
l KPIIMPAS
SECTION C: Statement of Operations
The applicant, KALAVERAS TM Inc., is requesting a minor modification to condition #18 on
previously approved Planning Application No. PA20-1074. The request is to extend the approved
operating hours.
The restaurant is located in the Old Town Specific Plan Zone in the City of Temecula. The eatery,
known as "KALAVERAS Mexican Cuisine & Bar" will operate daily with indoor seating of up to 126
patrons indoors and a covered outdoor patio.
The proposed hours of operation are-
Monday through Thursday 11:00 am-11:00 pm
Friday 11:00 am - 12:00 am
Saturday 10:00—am 12:00 am
Sunday 10:00 am - 11:00 pm
Number of Employees—
The eatery expects to employ approximately 20 employees. Within the 30 days of employment,
all employees involved with the sale of alcohol including their managers, shall enroll in the
Responsible Beverage Service (RBS) training program. Each employee will be trained in proper
procedures for selling alcoholic beverages and observing the environment.
Security-
Currently, the establishment has an alarm and camera surveillance system installed with a total
of 24 cameras that operate 24 hours a day and stores footage for up to 30 days which can be
furnished to the Police Department upon request. Cameras are located in significant areas of the
restaurant such as: Entry way, Back entrance, hallways, kitchen, office, storage, all dining and
patio area. All doors and windows will be secured and locked at the end of the business day.
1I
CITY OF TEMECULA
APPROVED
OBJECT TO BUILDING DEPT.APPROVAI
CITY OF TEMECULA PLANNING DEPT
PROJECT MEETS ZONING STANDARDS
PERMITS ARE REQUIRED
Estimated Number of Customers
Approx. 200—300 per day
Parking Spaces Provided
Situated on Old Town Front Street, Kalaveras benefits from the parking facility provided by the
city of Temecula on Mercedes Street. Moreover, ample parking spaces can be found along Old
Town Front Street, as well as on Fourth Street and Fifth Street. Parking is not required at the
site per Specific Plan.
Indicate if food will be served
Yes—a full Menu will be served.
Indicate if alcohol will be served
Currently,the site has an active ABC Type 47-ON-SALE GENERAL EATING PLACE. License number
is 646160.
Indicate if live entertainment or amplified sound will be provided
No proposal for live entertainment is included with this CUP modification.
21
CITY OF TEMECULA
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guacamole-rice-beans-corn tortillas add protein 55
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porkcamitas-redonions-cilantro-lime-rice ESQUITE S12
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ENCHILADAS DE CAMARON 5�5 QUESO FUNDIDO sib
2 tortillas jack cheese saute shrimp diabla sauce melted oaxaca cheese-house chonzo
sour cream cotija cheese-pico de gal to mushrooms-serranochiles
.rr Q U E SA B I R R I A TACOS escabeche carrots-com tortillas
S crispy cheese tacos slow braised beef AGUAC H ILES s2'
lime onions-avocado cilantro consomme marinated shrimp-red onions-cucumbers
TACOS GOBERNADOR 5�5 avocado-corn tostadas
3 fried corn tortillas-jack cheese-diced shrimp-chipotle sauce E M PA NADAS s„
-mango sauce-avocado-marinated red onions-carrots 2 ernpanadas-chimichum sauce
PASTA A LA DIABLA S24 (spicy chicken.spicy beef or spinach)
grilled shrimp-penne pasta-mushrooms-bell peppers TA�rr O S
diabla salsa-cotija cheese-cilantro-garlic toast
FAJITAS S'6.s26
grilled peppers-onions-tomatoes-fried jalapeno ASADA 55
mexican rice-refried beans-fresh tortillas grilled steak-corn tortilla-guacamole
veggie SE/chicken S27/esada 526'shrimp s76 nopalito relish-cilantro sprig
KALAVERAS SALAD 5'2 POLLO s5
fresh spring mix-jicama stnps mango relish-red onions marinated chicken-corn tortilla-salsa taquera
cherry tomatoes-tortilla strips-orange ginger vinaigrette jalapeiSo cabbage mix-chile de arbol dip-cotija cheese
ALBONDIGAS SOUP S•2 BARBACOA ss
mexican meatball soup-Jack cheese-avocado slices braised beef-corn tortilla
cilantro-garnish-corn tortillas marinated red onions-radish strips
COMBINATION PLATE s'e CHICHARRON ss
e of the following Items marinated pork belly-corn tortilla
crispy taquito(potato or chicken) marinated red onions-queso fresco cilantro
soft tacos(asada.chicken.camitas.or barbacoa) CARN ITAS Ss
cheese enchilada
chile rel leno marinated camitas-corntortilla
mannated red onions-cilantro
BOWLS PESCADO S6
grilled wild salmon-corn tortilla-jalapeno cabbage mix
cotija cheese-cilantro sprig
KALA BOWLS s'6 s•9 CAMARON S6
mixed green salad-rice-pico de gallo-cotija cheese
roasted pineapple-avocado-tortilla strips sauteed shrimp-corn tortilla-chipotle cream
orange ginger vinaigrette jalapeno cabbage mix-cotija cheese•cilantro sprig
veggie ' chicken Sib/asada SIB/shrimp Si9 HONGOS Ss•
DESSERTS sauteed portobello mushrooms-roasted pasilla chile
corn tortilla-fried leeks-cilantro
FLAN DE CASA BURRITOS -
sweet caramel flan--cajeta dnzzle
CHURRO SANDWICH s.2 KLASSIC WET BURRITO$'6
Peruvian beans-rice-choice of protein-Jack
cheese
churro donuts-cinnamon sugar mix pico de gallo-molcajete sauce- green or red sauce
APPLE CHIMICHANGA s', sour cream guacamole-picodegallo
apple filled chimichanga-cinnamon and sugar KALA BURRITO S16
vanilla ice cream-whipped cream
marinated skirt steak-shoestring fries-guacamole
BERRIES CHEESECAKE sio monterreyjackcheese-picodegallo-flourtortilla
cheesecake-whip cream-berries-powder sugar
GRAIUi TY ADDED FOR ALL PARTIES Oh 6 OR MODIFICATIONS AND SUBSTITUTIONS
MORE AND ALL TABS OVER Sao* POLITELY DECLINED
CONSUMING RAW OR UNDERCOOKED
MEATS.POULTRY.SEAFOOD.
SHELLFISH.OR EGOS MAY A contains nuts
INCREASE YOUR RISK OF
FOODBORNE ILLNESS 0 vegan dishes
CITY OF TEMECULA
APPROVED
SUBJECT TO BUILDING OEPT.APPROVAI
CITY OF TEMECULA PLANNING DEPT
PROJECT MEETS ZONING STANDARD,
PERMITS ARE REQUIRED
MSE,
Statement of Justification
Is the site suitable and adequate for the proposed use?
The project site maintains a zoning designation of(SP-5) and a General Plan Land Use Designation
of Specific Plan Implementation. The existing subject property is located on the second floor of
an existing commercial development, which was built to county specifications regarding
necessary walls, fences, parking and loading facilities. The use of the property will not change.
The subject property is zoned for commercial uses and will be utilized as such with the proposed
modification of hours in conjunction with an existing restaurant. The proposed entitlement does
not include the construction of any new buildings on the land or the introduction of a new use to
the site. Since there will be no physical changes to what already exists at the project site, it can
be found that it is suitable and adequate for the proposed use.
Would the proposed use and design have a substantial adverse effect on traffic circulation and
on the planned capacity of the street system?
The project site is fronted on and is accessible via the Old Town Front St. The existing site is
adequately served by highways or streets of sufficient width and improved as necessary to carry
the kind and quantity of traffic such use would generate, and by other public or private service
facilities as are required. The subject request does not include any changes to the physical
characteristics or use of the project site, so it can be found that the proposed use and design will
not have a substantial adverse effect on traffic circulation and on the planned capacity of the
street system.
Would the proposed use and design have a substantial adverse impact of the general welfare
of persons residing in the community?
The Project Site is located on the second floor of an existing commercial building and the design
of the existing structure sufficiently separates the commercial uses from the residential uses via
separate levels, access points, and stepped building setbacks.
The nearest residential uses to the project site are directly across Mercedes St. The dispensing
of beer, wine and distilled spirits with extended hours will be contained to the interior of the
restaurant. The existing commercial structure and adjacent buildings serve as an adequate buffer
for any residential uses. Further, the existing establishment will be maintained as a bona-fide
restaurant and is not proposing live entertainment or patron dancing with this request.
The primary function of the establishment will continue to be a sit-down meal service and the
character and mode of operation will not change with the herein authorization. The property is
zoned for commercial uses and the restaurant use is allowed by right. The approval of this
entitlement will allow the applicant to offer a full service to patrons and to compete more
favorably with other restaurants in the area. Other retail establishments and restaurants are in
3I
CITY Of TEMECULA
APPROVED
gJECT iO BUIIDiNG DEPT APPgOVAi
]F MC,APLANNINGDARD
PUO�FCiMETS SRC fif STANDARDS
MOATS Anf.R[OuiRfD
t�'o14ta.t
the vicinity and have similar operating hours. As wished for, the request represents the
introduction of a use that is common to the area. As such, the project will continue to enhance
the surrounding neighborhood and will perform a function in addition to providing a service that
is essential and beneficial to the adjacent community.
This commercial building is well-buffered from nearby residential areas by streets, highways,
parking lots, and landscaping. The subject restaurant will not generate an undue burden or
nuisances to residential areas within the immediate vicinity.
Is the design of the project compatible with the existing and proposed development within the
district and its surroundings?
No change is being proposed to the exterior appearance of the business, which is compatible
with the adjacent properties and will not have an adverse impact on the surrounding
neighborhood. The restaurant is located within an existing commercial development. The
exterior of the restaurant will not be altered at all because of this application, nor will it differ
significantly from the appearance of existing businesses on nearby commercial properties. The
restaurant's operators understand the effects that a poorly - maintained building have on the
community and will continue to pay close attention to the maintenance of its structure.They will
ensure that the structure will not deteriorate to the point of causing blight or the lowering of
neighboring property values.
Rather, KALAVERAS Mexican Cuisine & Bar will continue to ensure that it is well-lit and properly
maintained
4I
CITY OF TB.ECULA
/o
F/� APPROVED
enPG .rL,xLc. r�nb�inc ou',
CCOaECIMEETS ZONING slum ARDS
(NI PERIafS ARE IEDUIPEO
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a
EXTEND CERN.TILE WALL COVERING TO MATCH EX■TOKIMM FLOOR /'{ME.OF I[,
�.= ODVING OKR K TYPE X GYPSUM WARD ON ExNTMO METAL NMOt 1 .
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-6 -� _ a __ ��— Iw '� 11,1 0— ■ ■ FrE.rrrr�. ...N... -_ I. IA
rt. , so Hl - I u Y[: ' 1.ADEQUATE LIGHTING WILL BE 2
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Sx
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wA.N.w wwn • I 2.ADEOJATED LIGHTING WILL BE U
■ LAN- „�, LL+. P PROVIDED IN DRY STORM.AREAS.
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• Iu. DINING AREA .6.14• v� •.. 3
L AREA zssr so ONO MID
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UP ' I• I AREA iKa°FT A pro
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I THE TOPS OF TABLES AND COUNTERS SHALL BE '
MAXIMUM ABOVE THE
118-904
II
TE'd 110 I tT 1N'1P �' E7'Y / 1 �' 1 2. SALES AND
PORTIONSHALL HAVE A
OF THE CCOUNTERR0119GHT9 AT LEAST 3E' r Genoa Nobs l
TERRACE AREA ....- TERRACE AREA I IN LENGTH WITH A MAXIMUM HEIGHT OF NA INCHES.II--� SECTION 11E934 A
I L. 1 I l I. 1 i1 L I .1 r 11 --11 _ L --1 -^ 3 A PORT ON OF THE BAR COUNTER FD' MN IN
I I LENGTH SHALL BE PROVIDED WITH A TOF SURFACE
THAT IS 2E' MIN AND 3A• MAX ABOVE FINISHED
FLOOR.SEE 118226.3.AND 118902.3
EQUIPMENT LAYOUT �__ ,
SCALE Y1r•Td' ,Z4��►tnl�' ` :Off
•
JSf (-- + R. Partition Wall Detail
I' � Bearing.'�-• ..........:u.. Non-Load
--- - '� t......r E
AREA OF EXISTING RESTAURANT TO REMAIN:6,50580 FT �'ANNI ;c<< X.4.1
■ OCCUPANT LOAD CALCULATION; �`�� 0•1.A NO ON Oft
' ° �'-
`1�ME..sa ��
DINING 2557/15= 170i ..� . +V,"r'.�
TERRACE 1470115= 98 ""
HOSTESS 20117 - 301 -or._....• r _.---T-------- at
MISC = 4 W_.•
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CCC Loatl - 302 F.N�.N.N..•=1.1•0 me lobo MOW •.,.
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