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HomeMy WebLinkAbout06_031 PC Resolution PC RESOLUTION NO. 06-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA06-0011, 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 AN APPROVED RESTAURANT LOCATED AT 41789 NICOLE LANE, GENERALLY LOCATED ON THE WEST SIDE OF NICOLE LANE, APPROXIMATELY 400 FEET SOUTH OF OVERLAND DRIVE Section 1. Michael Brewer, representing Alcoholic Beverage Consulting Service, filed Planning Application No. PA06-0011 on January 17, 2006, in a manner in accord with the City of Temecula General Plan and Development Code. Section 2. Planning Application No. PA06-0011 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. Section 3. The Planning Commission, at a regular meeting, considered Planning Application No. PA06-0011 on April 19, 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. Section 4. At the conclusion of the Planning Commission's Hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA06-0011 subject to the conditions of approval after finding that the project proposed in Planning Application No. PA06-0011 conformed to the City of Temecula General Plan and Development Code. Section 5. The above recitations are true and correct and are hereby incorporated by reference. Section 6. Findinas. The Planning Commission, in approving Planning Application No. PA06-0011 (Minor Conditional Use Permit) hereby makes the following findings as required by Section 17.04.010.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. 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 because the proposed project will provide additional convenience for the community, and will allow the business at the project site G:\Planning\2006\P A06-0011 Frankie's Steak&Seafood - Minor CUPlPlanningIFinal PC Reso - MCUP.doc 1 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. An existing 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, and the site is consistent with the City policies regarding separation of sensitive uses. In addition, the City Police Department has reviewed the proposed project and has issued Conditions for Approval. 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. In accordance with the California Environmental Quality Act, the proposed Project has been deemed to be Categorically Exempt from further environmental review (Class 1, Section 15301, existing facilities, no expansion of facilities). Section 4. Conditions. That the City of Temecula Planning Commission hereby conditionally approves the Planning Application No. PA06-0011, 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 an existing building located at 41789 Nicole Lane, generally located on the west side of Nicole Lane, approximately 400 feet south of Overland Drive, 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. G:lPlanning\2006lPA06-OO II Frankie's Steak&Seafood - Minor CUPlPlanninglFinal PC Resa - MCUP.doc 2 Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission on this 19th day of April, 2006. ~~,-~- R6n Guerriero, Chairman ATTEST: ~..e'v.P--= ~ Debbie Ubnoske, Secretary Z,:= {SEAt:} \,,) . '-- ,-"j "',, . . J ,;.- \ '-' .') '/ -,., ,t."'-, " . ..-..' 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. 06-31 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 19th day of April, 2006, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Carey, Chiniaeff, Guerriero, Harter, Telesio o o PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: None NOES: ABSENT: ABSTAIN: o None None ---;,~~.... - V-~~ Debbie Ubnoske, Secretary G:\Planning\2006\PA06-0011 Frankie's Steak&Seafood - Minor CUPlPlanninglFinal PC Reso - MCUP.doc 3 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No. PA06.0011 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 an approved restaurant located at 41789 Nicole Lane, generally located on the west side of Nicole Lane, approximately 400 feet south of Overland Drive Assessor's Parcel No.: 921-810-025 MSHCP Category: NA DIF Category: NA TUMF Category: NA Approval Date: April 19, 2006 Expiration Date: April 19, 2008 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 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 08(b) and California Code of Regulations Section 15062. If within said 48-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)). O:IPlanningl2006IPA06-0011 Franlcie's SIealc&Seafood - Minor CUP\PlanninglFinal COA - MCUP,doc 1 GENERAL REQUIREMENTS G:\PlanningI2006\PA06-0011 Frankie's Steal:&Seafood - Minor CUPlPlanninglFinal CQA - MCUP.doc 2 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. G:\Planning\2006\PA06-OO11 Frankie's Steak&Seafood - Minor CUPlPlaooinglFioal COA - MCUP.doc 3 -~ 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. The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these conditions of approval. 12. No alcohol shall be sold or consumed from an outdoor dining area until a Minor Modification to the Development Plan for an outdoor dining area has been submitted, reviewed, and approved by the Director of Planning. 13. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Police Department 14. 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. 15. Applicant will also comply with City Ordinance 97-07, (Temecula Municipal Code Section 9.14.010; Consumption of alcoholic beverages in public prohibited). 16. 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/Retired/Dependent) 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 G:\Planning\2006\PA06-0011 Frankie's Steak&Seafood - Minor CUPlPlannioglFinal COA - MCUP.doc . 4 17. 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) 18. 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 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. 19. Prior to the sale of alcohol from this facility, the applicant shall schedule an Alcohol Planning Review Board meeting with members of the Temecula Police Department and a member of the City Planning Department. 20. 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 office (Sections 25616, 25753, and 25755 B&P; 148 arid 241 (b) PC). G:\Planningl2OO6\PA06-0011 Fiankie's Steak&Seafood - Minor CUPlPlanninglFinal COA - MCUP.doc 5 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 O,\P1anning\2006\PA06-0011 Frankie's Steak&Seafood - Minor CUl'\PlanninglRnal COA - MCUP.doc 6