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HomeMy WebLinkAbout05_035 PC Resolution PC RESOLUTION NO. 2005-035 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA05-0087, A REQUEST FOR A MINOR CONDITIONAL USE PERMIT TO ALLOW FOR THE SALE OF BEER, WINE AND DISTILLED SPIRITS (TYPE 47 LICENSE, ON-SALE GENERAL) FROM AN EXISTING RESTAURANT LOCATED AT 27499 YNEZ ROAD, GENERALLY LOCATED IN THE TOWER PLAZA ON THE NORTH WEST CORNER OF YNEZ ROAD AND RANCH CA. ROAD, KNOWN AS ASSESSORS PARCEL NO. 921-270-055. WHEREAS, Michael Brewer, representing Alcoholic Beverage Consulting Service, filed Planning Application No. PA05-0087 in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA05-0087 was processed including, but not limited to a pUblic notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered Planning Application No. PA05-00B7 on May 18, 2005, 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; WHEREAS, at the conclusion of the Planning Commission's Hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA05-00B7 subject to the conditions of approval after finding that the project proposed in Planning Application No. PA05-00B7 conformed to the City of Temecula General Plan and Development Code; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinas. The Planning Commission, in approving Planning Application No. PA05-00B7 (Minor Conditional Use Permit) hereby makes the following findings as required by Section 17.04.01 O.E of the Temecula Municipal Code: Conditional Use Permit (Code Section 17.040.010E) A. The proposed conditional use is consistent with the General Plan and the Development Code. The proposed use is consistent with the General Plan (Community Commercial) and Zoning designation (Community Commercial), as well as the standards within the Development Code. The project is not less than 500 feet from a religious institution, school or a public park. G:IPlanmng\2005IPA05-0087 Gourmet Italia-MCUPIPlanninglPC Reso & COA'S.doc 1 B. The proposed minor conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the Proposed minor conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed project is compatible with the nature, condition and development of adjacent uses, buildings, and structures. The existing restaurant currently sells beer and wine, and is looking to "upgrade" its liquor license to sell distilled spirits. The restaurant wants to be able to provide a complete dining experience for its customers. The restaurant is located within a shopping center, where there are additional restaurants. 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 Council in order to integrate the use with other uses in the neighborhood. An existing commercial building at the site adequately provides all improvements including yards, walls, fences, parking and loading facilities, buffer area, landscaping and all other features as required in the Development Code and by Planning Commission in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed minor conditional use is not detrimental to the health, safety and general welfare of the community. The nature of the proposed use is not detrimental to the health, safety and general welfare to the community because the project will provide an additional convenience to the community, which will reduce vehicle trips. Furthermore, the site is consistent with City policies regarding separation of sensitive uses and the City Police Department has provided conditions of approval for the project and concurs with the request for the sale of alcoholic products at the project site. 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 project has been reviewed, as a whole. in reference to all applicable codes and ordinances before the Planning Commission. Section 3. Environmental Compliance. A Notice of Exemption for Planning Application No. PA04-0299 was made per the California Environmental Quality Act Guidelines Section 15301 (Existing Facilities, Class 1). The proposed project will not add square footage to an existing restaurant, located at 40435 Winchester Road (A.P.N. 921-270-055). o Section 4. Conditions. That the City of Temecula Planning Commission hereby conditionally approves the Planning Application No. PA05-00S7, a request for a Minor Conditional Use Permit to allow for the sale of beer, wine and distilled spirits (Type 47 license, on-sale general) from an existing restaurant located at 27499 Ynez Road (A.P.N 921-270-055), subject to the conditions of approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any other conditions that may be deemed necessary. G:\Planning\2005\PA05-Q087 Gourmet Italia-MCUP\Planning\PC Resa & COA'S.doc 2 Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission on this 18th day of May 2005, 2:2f~ ATTEST: 7}t'~-c ~~ Debbie Ubnoske, Secretary -' C.:' ~;... ~ .": (/ , './ ; r-". ~. ~ ,1 ~. - ~,~ '1..,. ":, '~.. ;; 'C;E-^L' ''c'' A 't.... ~,J <- ~l:,"" , - :--. i'. ......., ~.- ~ 'i I,' . . ~',- ..../ . /,.:: ~ . " \ "..~ " ,n ~ ..-r. ~. , STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2005-035 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 18th day of May 2005, by the following vote:. AYES: 5 PLANNING COMMISSIONERS: Chiniaeff, Guerriero, Mathewson, Olhasso, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: Non~ W~W-~~, Debbie Ubnoske, Secretary G:IPlanning\2005IPA05-0087 Gourmet Italia-MCUPIPlanninglPC Reso & COA'S.doc 3 EXHIBIT A FINAL CONDITIONS OF APPROVAL G:\Planning\2005\PA05-0087 Gourmet Italia-MCUP\Planning\PC Reso & COA'S.doc 4 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA05-0087 Project Description: A Minor Conditional Use Permit to allow for the sale of beer, wine and distilled spirits (Type 47 license; on- sale general) from an existing restaurant (Gourmet Italia), located at 27499 Ynez Road, in the Tower Plaza Shopping Center (A.P.N 921-270-055) Assessor's Parcel No.: 921-270-055 Approval Date: May 18, 2005 Expiration Date: May 18,2007 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicanVdeveloper shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64,00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 211 OS(b) and California Code of Regulations Section 15062. If within said forty-eight (4S) hour period the applicanVdeveloper has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)), General Requirements 2, The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed copy to the Planning Department for their files. 3, The applicant shall comply with the statement of operations for PA05-00S7 on file with the Planning Division, unless superceded by these Conditions of Approval. 4, This Conditional Use Permit may be revoked pursuant to Section 17.03,OSO of the City's Development Code, 5, 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 G:IPlanning\2005IPA05-0087 Gourmet Italia-MCUPIPlanninglPC Reso & COA'S.doc 5 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, 6, Within two years of approval of this permit, commencement of the use shall have occurred or the approval shall be subject to expiration. 7, If commencement of the use has not occurred within two years of approval of this permit, the permittee may, prior to the expiration of the conditional use permit, apply for up to three one-year extensions of time. Each extension of time shall be granted in one-year increments only, 8. The City, and 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 the business, a change . in scope, emphasis, size or 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 lieu of, the right of the City, its director of planning, planning commission, and City Council to review and 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. 9, Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (LEAD.) training from the California Department of Alcoholic Beverage Control. 10. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 11. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. POLICE DEPARTMENT 12_ Applicant will also comply with City Ordinance 97-07, (9_14.010 Temecula Municipal Code series), 13, Identification will be verified utilizing one of the following: a, A valid California Driver's License. b. A valid California Identification Card, c_ A valid Military Identification Card. (Active/Reserve/RetiredlDependent). G:\Planning\2005\PA05-0087 Gourmet ltalia-MCUP\Planning\PC Reso & COA'S.doc 6 d, A valid Driver's License from any of the Fifty States or Territories of the United States, e. A valid U.S. Passport. f. A valid government issued identification card issued by a federal, state, county or City agency, 14. 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 the below requirements, (25660 Business and Profession Code). a. Name of person. b, Date of birth. c. Physical description. d. Photograph, e, Currently valid (not expired). 15. Applicant will 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 working at Gourmet Italia, Contact the Temecula Police Crime Prevention and Plans Officer at 951 695-2773 to set up a training date. Training must be completed prior to the re-grand opening of this business and periodic updated training when new employees/ management are hired. 16, Miscellaneous: a. Unless the patio is licensed, no alcohol will be served to customers in the patio area, All patio areas must be enclosed with a four feet iron type of fencing, By placing my signature below, I confirm that I have read, I understand and I accept all the above-mentioned Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Printed Name Date Applicant's Signature G:IPlanning\2005IPA05.0087 Gourmet Italia.MCUPIPlanninglPC Reso & COA'S.doc 7