HomeMy WebLinkAbout06_018 PC Resolution
PC RESOLUTION NO. 06-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA05-0392, A REQUEST FOR A MINOR CONDITIONAL
USE PERMIT TO ALLOW FOR THE SALE OF BEER, WINE,
AND DISTILLED SPIRITS (TYPE 47 ON-SALE GENERAL -
EATING ESTABLISHMENT) FROM A BUILDING AND
ASSOCIATED OUTDOOR DINING AREA TO BE LOCATED AT
THE SOUTHEAST CORNER OF YNEZ ROAD AND OVERLAND
DRIVE, KNOWN AS ASSESSORS PARCEL NOS. 921-810-028
and 921-810-029
WHEREAS, Bob Lombardo, representing BJ's Restaurant, Inc., filed Planning
Application No. PAOS-0392 in a manner in accord with the City of Temecula General Plan and
Development Code;
WHEREAS, Planning Application No. PAOS-0392 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. P AOS-0392 on February lS, 2006, 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.
PAOS-0392 subject to the conditions of approval after finding that the project proposed in
Planning Application No. PAOS-0392 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. Findinps. The Planning Commission, in approving Planning Application
No. PAOS-0392 (Minor Conditional Use Permit) hereby makes the following findings as required
by Section 17.04.01 O.E of the Temecula Municipal Code:
A. The proposed conditional use is consistent with the General Plan and the
Development Code;
The proposed use is consistent with the General Plan 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.
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;
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The proposed project is compatible with the nature, condition and development of
adjacent uses, buildings, and structures because the proposed project will provide
additional convenience for the community, and will allow the business at the project site
to be competitive with other similar restaurants selling beer, wine, and distilled spirits in
the vicinity of the project site.
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;
The proposed commercial buildings at the site will adequately provide 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 the 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
the 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 Comoliance. In accordance with the California
Environmental Quality Act, the proposed Project has been deemed to be categorically exempt
from further environmental review. (Class 32, Section 15332, In-Fill Development Project)
Section 4. Conditions. That the City of Temecula Planning Commission hereby
conditionally approves the Planning Application No. PA05-0392, a request for a Minor
Conditional Use PermiUo allow for the sale of beer, wine, and distilled spirits (Type 47 On-Sale
General - Eating Establishment) from a building and associated outdoor dining area to be
located at the southeast corner of Ynez Road and Overland Drive, known as Assessor Parcel
Nos. 921.810-028 and 921.810-029, subject to the conditions of approval set forth on Exhibit A,
attached hereto, and incorporated herein by this reference as though set forth in full.
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Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission on this 15th day of February, 2006.
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Ron Guerriero~Ctiairman
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ATTEST:
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Debbie Ubnoske, Secretary
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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. 06-18 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 February, 2006, by the
following vote:
AYES: 4 PLANNING COMMISSIONERS: Chiniaeff, Guerriero, Harter, Telesio
NOES: 0 PLANNING COMMISSIONERS: None
ABSENT: 0 PLANNING COMMISSIONERS: None
ABSTAIN: 0 PLANNING COMMISSIONERS: None
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Debbie Ubnoske, Secretary
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EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No. PA05-0392
Project Description: A Minor Conditional Use Permit to allow for the sale of
beer, wine, and distilled spirits (Type 47 On-Sale
General - Eating Establishment) from a building and
associated outdoor dining area to be located at the
southeast corner of Ynez Road and Overland Drive.
Assessor's Parcel No.: 921-810-028 and 921-810-029
MSHCP Category: NA
DIF Category: NA
TUMF Category: NA
Approval Date: February 15, 2006
Expiration Date: February 15, 2008
WITHIN FORTY-EIGHT (48) HOURS OF THE APPROVAL OF THIS PROJECT
Planning Department
1. The applicant/developer shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of Sixty-Four 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 08(b) and California
Code of Regulations Section 15062. If within said forty-eight (48) hour period the
applicant/developer has not delivered to the Planning Department the check as required
above, the approval for the project granted shall be void by reason of failure of condition
(Fish and Game Code Section 711.4(c)).
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GENERAL REQUIREMENTS
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Planning Department
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. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's
Development Code. .
,
4. 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.
5. Within two years of approval of this permit, commencement of the use shall have
occurred or the approval shall be subject to expiration.
6. 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.
7. 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.
8. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer
for the facility shall ensure that the employee has received Licensee Education on
Alcohol and Drugs (L.EAD.) training from the California Department of Alcoholic
Beverage Control.
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9. An 8.5" .x 11 " (or larger) sign listing local transportation service providers and
corresponding telephone numbers shall be posted at a conspicuous location within the
building. Information to assist in the compilation of this sign may be obtained through
the Temecula Valley Chamber of Commerce (telephone number 951-676-5090).
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. The Applicant has applied for a Type 47 (On Sale General - Eating Place) through the
Riverside District Office of Alcoholic Beverage Control. A Type 47 license 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. The
business associated with the licensed premises must operate and maintain as a bona
fide eating place. The business must make actual and substantial sales of meals, during
the normal meal hours that they are open, at least five days a week. Normal mealtimes
are 6:00 a.m. - 9:00 a.m., 11 :00 a.m. - 2:00 p.m., and 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. Minors
are allowed on the premises.
13. Applicant will also comply with City Ordinance 97-07, (Temecula Municipal Code Section
9.14.010; Consumption of alcoholic beverages in public prohibited).
14. - Identification for alcohol sales 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)
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.
15. 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).
16. The 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
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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. 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
grand opening of this business and periodic updated training when new employees/
management are hired.
17. Miscellaneous:
a. After Hours: 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 than the law. Those
licenses are marked "Conditional." (23805 B&P)
b. Authority of Peace Officers/Refusing Inspection: Police officers, sheriffs'
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)
c. 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
premises include the parking lot. (Section 25601 B&P; 316 PC)
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 Signature
Date
Applicant's Printed Name
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