Loading...
HomeMy WebLinkAbout06_021 DH Resolutiuon DH RESOLUTION NO. 06-021 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA06-0104 A MINOR CONDITIONAL USE PERMIT TO UPGRADE AN EXISTING TYPE-41 LICENSE (ON-SALE BEER AND WINE-EATING PLACE) TO A TYPE-47 LICENSE (ON- SALE GENERAL-EATING PLACE) FOR MAZZARO'S ITALIAN RESTAURANT IN AN EXISTING 2,930 SQUARE FOOT SUITE Section 1. Gennaro Derviso for Zeda, LLC. filed Planning Application No. PA06- 0104 on April 12, 2006, in a manner in accord with the City of Temecula General Plan and Development Code. Section 2. Planning Application No. PA06-0104 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 Director, at a regular meeting, considered Planning Application No. PA06-0104 on September 14, 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 Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA06-0104, subject to Conditions of Approval; after finding that the project proposed in Planning Application No. PA06- 0104 conformed to the City of Temecula General Plan and Development Code. Section 5. Findinas. The Planning Director, in approving Planning Application No. PA06-0104 (Minor Conditional Use Permit) hereby makes the following findings as required by Section 17.04.010 of the Temecula Municipal Code: A. The proposed conditional use is consistent with the General Plan and the Development Code; The proposal to upgrade an 'alcohol license from a Type 41license (on sale beer and wine - eating place) to a Type 47 license (on sale general- eating place) for an existing restaurant in the Community Commercial zone is consistent with the land use designation and policies reflected for the Community Commercial (CC) land use . designation within in the City of Temecula's General Plan, as well as the development standards for the Community Commercial zone (CC) in the City of Temecula Development Code. The site is, therefore, properly planned and zoned and found to be physically suitable for the proposed use. 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 adjacent land uses as defined in the General Plan. Staff has reviewed the proposed use against the adjacent land uses and has determined that the proposed use will be consistent with the surrounding uses. The area in which the project is to be located has a mixture of uses which includes retail, G:\Planningl2OO6\PA06-OI04 Mazzaro's Italian Dining MCUN'lanninglFinal DH Reso,doc 1 commercial, and restaurant uses. The proposed use will not adversely affect any of the surrounding properties because the use will occur within an existing building at an existing restaurant that currently holds a Type-41 alcohol license. 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 City Council in order to integrate the use with other uses in the neighborhood; Staff has reviewed the proposed project to determine consistency with the Development Code and has found that the project meets all of the applicable requirements. The proposed use will not have an effect on the existing yard, parking and loading, landscaping, and other development features required by the Development Code as the proposed use is an upgrade to an existing alcohol license for an existing restaurant. In addition, the City Police Department has reviewed the proposed project and has issued conditions of approval. D. The nature of the proposed minor conditional use permit 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 of the community. The restaurant currently holds an active Type-41 license to serve beer and wine on the premises. The upgrade for a Type-47 license which will authorize the establishment to serve beer, wine and distilled spirits will provide an additional service and convenience to patrons within the community. The site is also consistent with the City policies regarding separation of sensitive uses, as Rancho Califomia Road acts as a significant buffer between the sensitive use and the site in question. Furthermore, the City of Temecula Police Department has provided conditions of approval for the project and concurs with the request for the license upgrade and sale of alcoholic products at the project site. Section 6. Environmental Comoliance. The proposed project is categorically exempt from environmental review (Class 1-Existing Facilities) pursuant to Section 15301 of the California Environmental Quality Act Guidelines. Section 7. Conditions. DThat the City of Temecula Director of Planning hereby approves Planning Application No. PA06-0104, a Minor Conditional Use Permit, located at 27466 Ynez Road, known as Assessors Parcel No. 921-320-038, subject to the Conditions of Approval as set forth on Exhibit A, attached hereto, and incorporated herein by this reference as though set forth in full. G:\Planningl2OO6\PAll6-Ol 04Mazzaro's Italian Dining MCUPIPIanningIFmal DH Reso.doc 2 Section 8. PASSED, APPROVED AND ADOPTED by the City of Temecula Director of Planning this 14th day of September, 2006. I, Jill Dickey, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 06-021 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 14th day of September, 2006. . , G:\Planning\2OO6\PA06-ll104 Mazwo', Italian Dining MCUPlPlanninglFinaI DH Roso.doc 3 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA06-0104 Project Description: A Minor Conditional Use Permit to upgrade an existing Type- 41 liquor license (On-Sale Beer and Wine-eating place) to a Type-47 liquor license (On-Sale General- eating place) for Mazzaro's Italian Restaurant located in an existing 2,930 square foot suite at 27644 Ynez Road Assessor's Parcel No. 921-320-038 Expiration Date: September 14,2006 September 14, 2008 Approval Date: 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 21152 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)). G:\Planning\2006\PA06-0104 Mazzaro'a Ifdlian Dining MCUPlPlannlngIFINAl COA.doc1 GENERAL REQUIREMENTS G:\Plannlng\2006\PA06-tll04 Mazzara'. Italian Dining MCUPlPlanningIFINAL COA.doc2 , 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 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. 3. The applicant shall comply with all Conditions of Approval for Planning Application No. PA06-0104, unless superseded by these Conditions of Approval. All these conditions shall be complied with prior to any occupancy or use allowed by this conditional use permit. 4. The 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. 5. The applicant shall sign both copies of the final Conditions of Approval that will be provided by the Planning Department staff, and r~turn one signed set to the Planning Department for their files. 6. The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval. 7. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 8. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 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 (L.EAD.) training from the California Department of Alcoholic Beverage Control. 10. 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}. 11. Prior to the commencement of any sales of distilled spirits, the applicant shall submit verification that the Department of Alcoholic Beverage Control has issued the necessary Type-47 (on-sale general-eating place). G:\Plannlngl2006\PA06-{)104 Mazzaro'. Italian Dining MCUPlPlannlnglFlNAL COA.d0c3 Police Department The following are conditions of approval for this Minor Conditional Use Permit request submitted by Mazzaro's Italian Restaurant located at 27644 Ynez Road, Temecula. The following conditions must be met: 12. Applicant currently has a Type 41 (On Sale Beer & Wine-eating Place) through the Riverside District Office of Alcoholic Beverage Control. Authorizes the sale of beer and wine for consumption on or off the premises where sold. Minors are allowed on premises. 13. Applicant has applied for a Type 47 On Sale General- Eating Place - (Restaurant) through . the Riverside District Office of Alcoholic 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. - 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. 14. Applicant will comply with City Ordinance 97-07, (9.14.010 Temecula Municipal Code series). 15. 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 (Actlve/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. I. A valid government issued identification card issued by a Federal, State, County or City agency. 16. 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) 17. 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 Beverages and More. Contact the 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. G:\Plannlng\2006\PA06-0104 Mazzaro'sltallan Dining MCUPlPlanninglFlNAL COA.d0c4 18. Pay Telephones: Any public telephones located on the exterior of the building should be placed in a well lighted, highly visible area, and installed with a "call-out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the building. 19. 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 2:00a.m. and 6:00 a.m. (Section 25631 B&P). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (Section 25632 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). . Criminal: For refusing to permit an inspection, the penalty is a $100 - $1,000 fine and/or one to six months in county jail. Section 25616 B&P. For resisting, delaying, or obstructing a peace officer, the penalty is a maximum $1,000 fine and/or maximum one year in county jail. Section 148(a) PC) For assaulting a peace officer, the penalty is a maximum $2,000 fine and/or a maximum one year in county jail. Section 241 (b) PC) ABC: Decided on a case-by-case basis c. Operating Standards, Retail - The following requirements apply to stores (license Types 20 and 21): i. Post "No Loitering" signs upon written notice from the ABC; ii. Post "No Open Container" signs upon written notice from the ABC; iii. No alcohol consumption inside'a store or outside a bar or tavem; iv. Illuminate the exterior of the premises, including adjacent public sidewalks and parking lots under the licensee's control, during all hours of darkness when open for business; v. Remove litter daily from the premises, adjacent sidewalks and parking lots under licensee's control and sweep/clean these areas weekly; vi. Remove graffiti from premises and parking lot; vii. Have no more than 33% of windows covered with advertising or signs; G:\Planning\2006\PA06-0104 Mazzaro'sltallan Dining MCUPlPlannlnglFlNAL COA.doc5 viii. Have incoming calls blocked at pay phones upon request of local law enforcement or ABC; (see item 6 above) and ix. Have a copy of the operating standards available during normal business hours for viewing by the general public (Section 25612.5 (c) B&P) 20. An ABC Review Board was convened by members of the Temecula Police Department along with the applicant on Tuesday, April 25, 2006 at the main police station located at 30755-A Auld Road in Murrieta. Applicant must schedule training for all employees having direct contact with alcoholic beverages within two weeks from date of board meeting. The Board had no objectives regarding the upgrade of this license. Any questions regarding these conditions shall be referred to the Police Crime Prevention and Plans Officer at (951) 695-2773. 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 G:\Planning\2006\PA06-0104 Mazzaro'sltalian Dining MCUPlPlanninglFlNAL COA.d0c6