HomeMy WebLinkAbout06_015 DH Resolution
DH RESOLUTION NO. 06-015
A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION NO.
PA06-0109, A REQUEST FOR A MINOR CONDITIONAL USE
PERMIT TO ALLOW FOR THE INCIDENTAL SALE OF BEER,
WINE, AND DISTILLED SPIRITS (TYPE 47 ON-SALE
GENERAL - EATING ESTABLISHMENT) FROM AN EXISTING
BUILDING LOCATED AT 27645 JEFFERSON AVENUE, SUITE
106
Section 1. Javier Mendoza, representing La Casita Nueva Mexican Restaurant filed
Planning Application No. PA06-0109 in a manner in accordance with the City of Temecula
General Plan and Development Code.
Section 2. Planning Application No. PA06-0109 was processed including, but not
limited to public notice, in the time and manner prescribed by State and local law.
Section 3. The Planning Director considered Planning Application No. PA06-0109 on
June 29, 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 Director's hearing and after due consideration of
the testimony, the Planning Director approved Planning Application No. PA06-0109 subject to
Conditions of Approval and based upon the findings set forth hereunder;
Section 5. That the above recitations are true and correct and are hereby
incorporated by reference.
Section 6. Findinas. The Planning Director, in approving the Application 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 conditionally permitted in the Community Commercial zoning
designation contained in the City's Development Code and consistent with the General
Plan. The site is properly planned and zoned, and as conditioned, is physically suitable
for the use type proposed. The use, as conditioned, is also consistent with other
applicable requirements of State law and local ordinances, including the Department of
Alcoholic Beverage Control (ABC), California Environmental Quality Act (CEQA), and
fire and building codes.
B. The proposed conditional use is compatible with the nature, condition and
development of adjacent uses, buildings and structures and the proposed conditional use will
not adversely affect the adjacent uses, buildings or structures; .
The proposed conditional use is compatible with the nature, condition and development
of adjacent uses, buildings, and structures because it will provide additional convenience
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for the community, and allow the business to be competitive with other similar
restaurants selling beer, wine, and distilled spirits in the vicinity of the 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;
La Casita Nueva Mexican Restaurant is located in an existing structure and the
proposed conditional use will not have an affect upon the development features of the
unit or commercial center in which the restaurant is located.
D. The nature of the proposed conditional use is not detrimental to the health, safety
and general welfare of the community;
The requirements for the proposed conditional use are intended to protect the health and
safety of those in and around the site. The project has been reviewed for, and as
conditioned, has been found to be consistent with all applicable policies, guidelines,
standards and regulations intended to ensure that the use will function in a manner
consistent with the public health, safety and welfare.
Section 7. Environmental Comoliance. The Planning Director finds in accordance
with the California Environmental Quality Act (CEQA), the proposed use has been deemed to
be categorically exempt from further environmental review pursuant to Class 1, Section 15301,
Existing Facilities.
Section 8. Conditions. That the City of Temecula Planning Director hereby
conditionally approves Planning Application No. PA06-0109, a request for a Minor Conditional
Use Permit for the incidental sale of alcoholic beverages at 27645 Jefferson Avenue, Suite 106,
Assessor's Parcel No. 921-480-058. The Conditions of Approval are contained in Exhibit A.
Section 9. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Director this 29th day of June 2006.
incipal Planner
I, Cynthia M. Lariccia, Secretary of the Temecula Planning Director's Hearing, do hereby
, ,
certify that DH Resolution No. 06-015 was duly and regularly adopted by the Director of
Planning of the City of Temecula at a regular meeting thereof held on the 29th day of June 2006.
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EXHIBIT A
FINAL CONDITIONS OF APPROVAL
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EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA06-0109
Project Description:
A Minor Conditional Use Permit for the incidental sale of
alcoholic beverages at an existing restaurant (La Casita
Nueva) located at 27645 Jefferson Avenue
Assessor's Parcel No. 921-480-058
MSHCP Category: NJA
DIF Category: NJA
TUMF Category: NJA
Approval Date: June 29, 2006
Expiration Date: June 29, 2008
WITHIN 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 21152 and California Code of Regulations
Section 15062. If within said 48-hour period the applicant/developer has not delivered to the
Planning Department the check as required above, the approval for the project granted shall
be void by reason of failure of condition (Fish and Game Code Section 711.4(c)).
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GENERAL REQUIREMENTS
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Planning Department
2. The applicant and owner of the real property subject to this condition shall hereby agree to
indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own
selection from any and all claims, actions, awards, judgments, or proceedings against the
City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly,
from any action in furtherance of and the approval of the City, or any agency or
instrumentality thereof, advisory agency, appeal board or legislative body including actions
approved by the voters of the City, concerning the Planning Application. The City shall be
deemed for purposes of this condition, to include anyagency 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.
3. This approval shall be used within two years of the approval date; otherwise, it shall become
null and void. By use is meant the beginning of substantial construction contemplated by
this approval within the two-year period, which is thereafter diligently pursued to completion,
or the beginning of substantial utilization contemplated by this approval.
4. The Director of Planning may, upon an application being filed within 30 days prior to
expiration and for good cause, grant a time extension of up to 3, one-year extensions of
time, one year at a time.
5. All these conditions shall be complied with prior to any occupancy or use allowed by this
Conditional Use Permit.
6. 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 set to the Planning Department for
their files.
7. The applicant shall comply with their Statement of Operations dated April 14, 2006, on file
with the Planning Department, unless superseded by these conditions of approval.
8. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's
Development Code.
9. The permittee shall obtain City approval for any modifications or revisions to the approval of
this Conditional Use Permit.
10. 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.
11. 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).
12. Regular hours of operation shall be between 11 a.m. and 9 p.m., seven days each week
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Police Department
13. Operation ERA.C.I.T. and philosophy; to cooperatively work with all businesses in the
community ensuring responsible alcohol sales and practices within the City of Temecula.
14. Meet with the Special Teams Sergeant to provide information and discuss responsible
business practices. Personnel from the Department of Alcoholic Beverage Control (ABC)
will also be invited.
15. Schedule and on-site meeting to review security needs as well as Crime Prevention Through
Environmental Design (CPTED).
a. 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. For this reason, the Temecula Police
Department has imposed a mandatory training for all employees involved in the
service and sales of alcoholic beverages. Also, the Temecula Police Department
conducts an Alcohol Review Board for all new businesses with a Type 47 license.
Contact the Temecula Police Crime Prevention and Plans Officer at (951 ) 695-2773
to set up a training date and an Alcohol Review Board date. Training and review
board must be completed prior to the grand opening of this business and periodic
updated training when new employees/management are hired. All alcohol training is
provided free of charge by the Temecula Police Department.
16. Applicant has applied for a Type 47 (On Sale General- Eating Place) through the Riverside
District Office of AlcohQlic Beverage Control. Authorizes the sale of beer, wine and distilled
spirits for consumption on the licensed premises. Authorizes the sale of beer and wine for
consumption off the licensed premises. Must operate and maintain the licensed premises
as a bona fide eating place. 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.
17. Applicant will also comply with City Ordinance 97-07, (9.14.010 T emecula Municipal Code
series).
18. 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)
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, and County
or City agency.
19. 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):
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a. Name of person
b. Date of birth
c. Physical description
d. Photograph
e. Currently valid (not expired)
Miscellaneous:
20. 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).
21. Authoritv of Peace Officers/Refusina Insoection: Police officers, sheriff's deputies and ABC
investigators are sworn law enforcement officers (peace officers) with powers of arrest.
Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect
any licensed premises at any time during business hours without a search warrant or
probable cause. This includes inspecting the bar and back bar, store room, office, closed or
locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal
and reasonable for licensees to exclude the public from some areas of the premises.
However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a
peace officer. (Sections 25616, 25753, and 25755 B&P; 148 and 241 (b) PC).
22. Disorderlv 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).
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OUTSIDE AGENCIES
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23. The applican! shall comply with the attached letter dated April 28, 2006, from the Riverside
Department of Environmental Health.
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.
Date
Applicant's Signature
Applicant's Printed Name
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D CoUNTY OF RIVERSIDE · HEALl.. SERVICES AGENCY D
DEPARTMENT OF ENVIRONMENTAL HEALTH
City ofTemecula Planning Department
P.O. Box 9033
Temecula, CA 92589-9033
Attention: Dana Schuma
RE: Development Plan No. PA06-0109
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April 28, 2006
Dear Dana:
Department of Environmental Health bas reviewed the Conditional Use Permit for the proposed La
Casita Nueva Restaurant located on Jefferson and Overland. Although, the site plan does not indicate
that either water and sewer services are existing, we assume that these services are in and are available.
1. PRIOR TO mE ISSUANCE OF BUILDING PERMITS mE FOLLOWING
SHOULD BE REQUIRED:
a) "Will-serve" letters from the appropriate water district.
b) Ifthere are to be any' food establishments, (including vending machines), three complete
sets of plans for each, food establishment will be submitted including a fixture schedule,
a finish schedule an4 a plumbing schedule in order to ensure compliance with the
California Uniform ~ Food FaCilities Law 2. For specific reference, contact Food
Facility Plan EXIUIliliers at (951) 461.0284.
Sincerely, '.
CQw_dt~En-LH<ohhSp<oWi<
(951) 955-8980 j
NOTE: Any cuacnt additional ~ents not eovcrcd can be applicable at time of Building Plan review for final Dcpartmcnt of
Environmenta1 Health .1_"'1
Local Enforcement Agency. P.O. Box 1280. Riverside CA 92502-1280 . (909) 95 .
Land Use and Water Engineering. PO. Box 1206, Rive:side. CA 92502-1206 . (90915~~~~~Rfl ~AX (909) 781-9653 . 4080 Lemon Street, 9th Floor, Riverside, CA 92501
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