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HomeMy WebLinkAbout07_005 DH Resolution DH RESOLUTION NO. 07-005 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0008, A REQUEST FOR A MINOR CONDITIONAL USE PERMIT TO ALLOW FOR THE SALE OF BEER, WINE, AND DISTILLED SPIRITS (TYPE 47-0N SALE GENERAL-EATING PLACE) AT WAHOOS FISH TACOS RESTAURANT, LOCATED AT 29073 OVERLAND DRIVE, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF OVERLAND AND MARGARITA ROAD Section 1. W. Tom Orbe filed Planning Application No. PA07-0008, in a manner in accord with the City of Temecula General Plan and Development Code. Section 2. Planning Application No. PA07-0008 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. PA07-0008 on April 26, 2007, 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. PA07-0008 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA07- 0008 conformed to the City of Temecula General Plan and Development Code. Section 5. Findinas. The Planning Director, in approving Planning Application No. PA07-0008 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 site's General Plan and zoning (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 to be competitive with other similar restaurants selling beer, wine, and distilled spirits in the vicinity of the project site. G:\Planning\2007\PA07-0008 Wahoo's CUP for alcohol sales CUP\Planning\DH RESOLUTION.doc 1 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 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 surrounding uses. 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 Director, 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 Director. Section 6. 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): A. The project involves no expansion of the existing facilities; The proposed Minor Conditional Use Permit to allow for the sale of beer, wine and distilled spirits (Type 47 On-Sale General- Eating Place) within an existing building does not require expansion or alteration to the existing facilities Section 7. Conditions. That the City of Temecula Director of Planning hereby approves Planning Application No. PA07-0008, a Minor Conditional Use Permit to allow for the sale of beer, wine, and distilled spirits at Wahoos Fish Tacos Restaurant located on the southwest corner of Overland and Margarita Road at 29073 Overland Drive in Margarita Crossings Shopping Center subject to the conditions of approval as set forth on Exhibit A, attached hereto, and incorporated herein by this reference. G:\Planning\2007\PA07-0008 Wahoo's CUP for alcohol sales CUP\Planning\DH RESOLUTION.doc 2 Section 8. PASSED, APPROVED AND ADOPTED by the City of Temecula Director I this th day of April, 2007. Patrick Richardson, Principal Planner I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 07-005 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 26th day of April, 2007. ~ etary G:\Planning\2007\PA07-0008 Wahoo's CUP for alcohol sales CUP\Planning\DH RESOLUTION.doc 3 EXHIBIT A FINAL CONDITIONS OF APPROVAL G:\Planning\2007\PA07-0008 Wahoo's CUP for alcohol sales CUP\Planning\DH RESOLUTION.doc 4 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA07-0008 Project Description: 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 place) at Wahoos Fish Tacos Restaurant, located at 29073 Overland Drive, generally located at the southwest corner of Overland and Margarita Road Assessor's Parcel No. 921-810-033 MSHCP Category: N/A DIF Category: N/A TUMF Category: N/A Approval Date: April 26, 2007 Expiration Date: April 26, 2009 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 forthe project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). G:IPlanning\2007\PA07-000B Wahoo's CUP for alcohol sales CUPIPlanninglFlNAL COA-CUP.doc 1 GENERAL REQUIREMENTS G:IPlanning\2007\PA07-0008 Wahoo's CUP lor alcohol sales CUPIPlanninglFINAL COA.CUP.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 set to the Planning Department for their files. 3. 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 reser.ves 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. 4. The applicant shall comply with their Statement of Operations dated January 10,2007, on file with the Planning Department, unless superseded by these Conditions of Approval. 5. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 6. 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 in-lieu of, the right of the City, its Planning Director 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. 7. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 8. 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. 9. If commencement of the use has not occurred within two years of approval of this permit, the permittee may file an application at least 30 days prior to expiration of the conditional use permit, and apply for up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only. G:IPlanning\2007\PA07-000B Wahoo's CUP for alcohol sales CUPIPlanninglFINAL COA.CUP.doc 3 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. A separate building permit shall be required for all signage. 13. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Police Department The following pertains to Officer Safety, Public Safety and Crime Prevention 14. Hardware: Recommend all doors, windows, locking mechanisms, hinges, and other miscellaneous hardware is commercial or institution grade. 15. Graffiti: Any graffiti painted or marked upon the buildings should be removed or painted over within twenty-four (24) hours of being discovered. Report all crimes to the Temecula Police 24-hour dispatch center (951) 696-HELP. 16. Alarm System: Upon completion of construction, the building shall have a monitored alarm system installed and monitored 24-hours a day by a designated private alarm company, to notify the Temecula Police Department of any intrusion. This condition is void if business is opened 24/7. 17. Public 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 buildings. 18. Marked Parkino for Disabled Vehicles: All disabled parking stalls on the premises shall be marked in accordance with section 22511.8 of the California Vehicle Code. 19. Applicant has applied for a Type 47 (On Sale General-Eating Place) 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 6:00am - 9:00am, 11 :OOam - 2:00pm, and 6:00pm - 9:00pm. Premises that are not open five days a week must serve meals on the days they are open. Minors are allowed on the premises. 20. Applicant will also comply with City Ordinance 97-07, (9.14.010 Temecula Municipal Code series). G:IPlanning\2007\PA07-0008 Wahoo's CUP for alcohol sales CUPIPlanningIFINAL COA-CUP.doc 4 21. 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. (Activelreserve/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, and County or City agency. 22. As noted above, only a valid government issued identification card issued by a federal, state, county or city (municipal) 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) 23. 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. A second option is to contact Alcoholic Beverage Control Riverside and schedule a training class through their L.EAD. employee training program, which is also free of charge but more intense than the training the police department offers. 24. Miscellaneous: a. After Hours: Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00am and 6:00am of the same day. No person may knowingly purchase alcohol between 2:00am and 6:00am (Section 25631 B&P code). Licensees may not permit patrons or employees to consume alcohol between 2:00am and 6:00am of the same day (even if someone bought the drinks before 2:00am). (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). G:IPlanning\2007\PA07-0008 Wahoo's CUP for alcohol sales CUPIPlannlnglFINAL COA-CUP.doc 5 b. Authoritv of Peace Officers/Refusina Inspection: 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). c. 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). d. Entertainers and Conduct: On-sale licensees who offer entertainment must abide by the following rules: (1) No licensee shall permit any person to perform acts of or acts which simulate: (a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law. (b) The touching, caressing or fondling on the breast, buttocks, anus or genitals. (c) The displaying of the pubic hair, anus, vulva or genitals. (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus. (Rule 143.3 CCR. Also violates sections 311.6 PC if conduct is "obscene," e.g., intercourse, sodomy, masturbation, etc.) 25. Crime Prevention: a. All retailing businesses shall contact the California Retailers Association for their booklet on the California Retail Theft Law at: California Retailers Association 127- 11th Street, Suite 1030, Sacramento, CA 95814 (916) 443-1975. Penal Code 490.5 affords merchants the opportunity to recover their losses through a civil demand program. b. Business desiring a business security survey of their location can contact the Crime Prevention and Plans Unit of the Temecula Police Department. c. Employee training regarding retail theft, credit card prevention, citizen's arrest procedures, personal safety, business security, shoplifting or any other related crime prevention training procedures is also available through the crime prevention unit. d. Any business that serves or sell any type of alcoholic beverages will comply with all guidelines within the Business and Profession Codes and all other guidelines associated with the State Department of Alcohol Beverage Control. Contact the Temecula Police Department for inspections and training for both employees and owners. This includes special events held at business location where alcohol will be serviced for a fee and the event is open to the general public. G:IPlanning\2007\PA07-0008 Wahoo's CUP for alcohol sales CUPIPlanninglFINAL COA-CUP.doc 6 e. The T emecula Police Department affords all retailers the opportunity to participate in the "Inkless Ink Program." At a minimal cost of less than $40.00 for inkless inkpads, retailers can take a thumbprint of every customer using a personal check to pay for services. A decal is also posted on the front entry of the business-advising customers of the "Inkless Ink program in use". If the business becomes a victim of check fraud, the police department will be able to track the suspect with the thumbprint. 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 G:\Planning\2007\PA07-Q008 Wahoo's CUP for alcohol sales CUPIPlenninglFINAL COA.CUP.doc 7