HomeMy WebLinkAbout07_015 DH Resolution
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DH RESOLUTION NO. 07-015
A RESOLUTION OF THE PLANNING DIRECTOR OF THE
CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA07-0251, A MINOR CONDITIONAL
USE PERMIT TO ALLOW FOR THE SALE OF ALCOHOL
(TYPE 47, ON-SALE GENERAL - RESTAURANT) AT THE
MELTING POT RESTAURANT LOCATED IN THE
RANCHO TEMECULA TOWN CENTER AT THE
NORTHEAST CORNER OF WINCHESTER AND
NICHOLAS ROADS (ADDRESSED AS 39738
WINCHESTER ROAD) (APN 920-100-045)
Section 1. Procedural Findinqs. The Planning Director of the City of Temecula
does hereby find, determine and declare that:
A. On August 31, 2007, Bart and Velma Bandy, filed Planning Application
No. PA 07-0251, (Minor Conditional Use Permit) in a manner in accord with the City of
Temecula General Plan and Development Code.
B. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Director, at a regular meeting, considered the Application
and environmental review on November 15, 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.
D. At the conclusion of the Director's Hearing and after due consideration of
the testimony, the Planning Director approved Planning Application No. PA07-0251,
subject to Conditions of Approval, after finding that the project proposed in Planning
Application No. PA07-0251 conformed to the City of Temecula's General Plan and
Development Code.
Section 2. Further Findinqs. The Planning Director, in approving the Planning
Application No. PA 07-0251 hereby makes the following findings as required by Section
17.040.010.E (Conditional Use Permit) of the Temecula Municipal Code:
Conditional Use Permit. (Development Code Section 17.05.010El
A. The proposed conditional use is consistent with the General Plan and the
Development Code;
The proposed use is consistent with the General Plan Land Use Element
(Community Commercial) and Zoning (Specific Plan-1), as well as, the standards
within the Development Code. The project exceeds the minimum separation
requirement of 500 feet from a religious institution, school, or public park.
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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 site location is
greater than 500 feet from any a public school, church, or park as required by the
City Development Code.
C. 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 will not be detrimental to the health, safety and
general welfare of the community because the proposed use offers a variety of
retail goods and is not exclusively selling alcohol, and has been conditioned to
ensure that all employees involved with the sales will receive training in the
proper procedures and identification checks.
Section 3. Environmental Findinqs. The Director of Planning hereby makes
the following environmental findings and determinations in connection with the approval
of the Minor Conditional Use Permit application:
A. In accordance with the California Environmental Quality Act, the proposed
project has been deemed to be categorically exempt from further environmental review
(Section 15301, Class 1, Existing Facilities);
1. The project involves the sale of alcohol for on-site consumption at The
Melting Pot restaurant which is located within an existing 6,000 square
foot building. Impacts from the project will be negligible as no physical
improvements are proposed and all infrastructure to the site is existing.
Section 4. Conditions. That Planning Director of the City of Temecula hereby
approves Planning Application No. PA07-0251, a Minor Conditional Use Permit to allow
for the sale of alcohol (Type 47, on-sale general - restaurant) at the Melting Pot
restaurant located in the Rancho Temecula Town Center at the northeast corner of
Winchester and Nicholas Roads (addressed as 39738 Winchester Road), subject to the
Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein
by this reference.
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Section 5. PASSED, APPROVED AND ADOPTED by the Planning Director of
the City of T emecula this 15th day of November 2007.
7) cJ?h/-c ' t-c ~
Debbie Ubnoske, Director of Planning
I, Kathy Simpkins, Secretary of the Temecula Director's Hearing, do hereby certify
that DH Resolution No. 07-015 was duly and regularly adopted by the Director of
Planning of the City of Temecula at a regular meeting thereof held on the 15th day of
November 2007.
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EXHIBIT A
FINAL CONDITIONS OF APPROVAL
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PERMITS PLUS:
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ACCEPTANCE OF CONDITIONS OF APPROVAL
I, Velma Bandy understand that Planning Application No. PA07-0251 has been approved
with Conditions of Approval which are set forth in Exhibit A. I have read the Conditions of
Approval contained in DH Resolution No. 07-015 and understand them. Through signing
this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of
Temecula that I will implement and abide by the Conditions of Approval, including any
indemnification requirements imposed by those conditions.
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SIGNA TURE
/1/:1I/07
DATE
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EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA07-Q251
Project Description:
A Minor Conditional Use Permit to allow for the sale of
alcohol (Type 47, on-sale general - restaurant) at the
Melting Pot restaurant located in the Rancho Temecula
Town Center at the northeast corner of Winchester and
Nicholas Roads (addressed as 39738 Winchester Road)
Assessor's Parcel No.
920-100-045
MSHCP Category:
DIF Category:
TUMF Category:
NIA
NIA
NIA
Approval Date:
November 15, 2007
Expiration Date:
November 15, 2009
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 forthe project granted shall
be void by reason of failure of condition (Fish and Game Code Section 711.4(c)).
2. The applicant shall review and sign the Acceptance of Conditions of Approval document that
will be provided by the Planning Department staff and return the document with an original
signature to the Planning Department.
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GENERAL REQUIREMENTS
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Planning Department
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 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.
4. The applicant shall comply with their Statement of Operations dated August 31,2007, 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 lest thirty days prior to expiration of the conditional use
permit, apply for up to 3 one-year extensions of time. Each extension of time shall be
granted in one-year increments only.
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
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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 as follows:
a. Monday- Thursday 4:00 p.m. -10:30 p.m.
b. Friday - Saturday 4:00 p.m. -12:00 a.m.
c. Sunday 3:00 p.m. -10:30 p.m.
13. A separate building permit shall be required for all signage.
14. Unless modified herein, the applicant shall comply with all other Conditions of Approval
associated with Planning Application Nos. PA02-0360 General Plan Amendment, PA02-
0360 Specific Plan Amendment, PA02-0364 Development Plan, PA02-0365 Tentative Tract
Map, and PA04-0540 Conditional Use Permit all pertaining to the approval of the Rancho
Temecula Town Center.
15. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
Police Department
16. Applicant has to apply 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 6:00
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 Temecula 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/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.
19. 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
following requirements. (25660 Business and Profession Code):
a. Name of person
b. Date of birth
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c. Physical description
d. Photograph
e. Currently valid (not expired)
20. 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) 506-6793 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.
21. 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., andlor (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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22. The applicant shall comply with the recommendations set forth in the County of Riverside
Department of Environmental Health's transmittal dated September 19. 2007, a copy of
which is attached.
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City ofTemecula
Planning Department
c/o Cheryl Kitzerow/ Matt Peters
PO BOX 9033
Temecula, CA 92589-9033
o COUNTY OF RIVERSIDE . HEALTH SERVICES AGENCY 0
DEPARTMENT OF ENVIRONMENTAL HEALTH
o
In' s-? C) ~
. , L L: c: 'T
By .
Planning Department
2D~7~ V)
19 September 2007
RE: PA07-025I
The Department of Environmental Health (DEH) has received and reviewed the PA07-
0239 for the Minor Conditional Use Pennit to allow for the sale of alcohol at the Melting
Pot Restaurant located in the Rancho Temecula Town Center under applicant: Bart and
Velma Bandy.
The CUP is required per the Conditions of Approval for the Rancho Temecula Town
Center CUP- P A04-0540) located at the northeast corner of Winchester and Nicholas
Roads. (APN 920-100-044 per Knute Knowland)
Any future food facility the applicant shall contact this Department at 951.461.0284 for
food plan check compliance by the County of Riverside DEH.
If your have any questions, please do not hesitate to call me at 951.955.8980
Sincerely,
WII
Gregor Dellenbach, REHS
EHS073084 ($234.00)
Local Enforcement Agency. PO, Box 1280, Riverside, CA 92502-1280 . (909) 955-8982 . FAX (909) 781-9653 . 4080 lemon Street 9th Floor, Riverside, CA 92501
Land Use and Water Engineering. PO. Box 1206, Riverside, CA 92502-1206 . (909) 955-8980 . FAX(909j 955-8903 . 4080 Lemon Street, 2nd Floor, Riverside, CA 92501