HomeMy WebLinkAbout07_013 DH Resolution
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DH RESOLUTION NO. 07-013
A RESOLUTION OF THE PLANNING DIRECTOR OF THE
CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA07-0116, A MINOR CONDITIONAL
USE PERMIT TO UPGRADE THE LIQUOR LICENSE OF
THE COUNTRY GARDEN RESTAURANT BAR AND
GRILL FROM A TYPE 41 TO A TYPE 47 AND TO SERVE
ALCOHOL ON AN EXISTING PATIO, LOCATED AT 29000
OLD TOWN FRONT STREET, SUITE A (APN: 922-120-
008)
Section 1. Procedural Findinqs. The Planning Director of the City of T emecula
does hereby find, determine and declare that:
A. On April 10, 2007 Rafael Chavez, filed Planning Application No. PA07-
0116, 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 8, 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. PA07-0116
subject to Conditions of Approval, after finding that the project proposed in Planning
Application No. PA07-0116 conformed to the City of Temecula's General Plan and
Development Code.
Section 2. Further Findinqs. The Planning Director, in approving Planning
Application No. PA07-0116 hereby makes the following findings as required by Section
17.040.01 D.E (Conditional Use Permit) of the Temecula Municipal Code:
Minor Conditional Use Permit, Development Code Section 17.04.010.E
A. The proposed use is in conformance with the General Plan for Temecula
and with all applicable requirements of State law and other ordinance of the City;
The Country Garden Bar and Grill is located within a Highway Tourist zoning
district. The proposed liquor license upgrade for the restaurant is consistent with
the land use designation and policies stipulated for Highway Tourist (HT) land
use designations within in the City of Temecula's General Plan, as well as the
development standards for the Highway Tourist (HT) zoning designation
contained within the City of Temecula Development Code. The site is, therefore,
properly zoned for the proposed use.
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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 use will be consistent with the surrounding uses. The area in
which The Country Garden Bar and Grill is located is surrounded by a mixture of
uses that include a hotel, medical offices, and an additional restaurant. The
proposed license upgrade will not adversely affect any of the surrounding
properties because the use will occur within an existing restaurant that currently
holds a Type-41(on-sale beer and wine-eating place) 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 Council in order to integrate the use with uses
in the neighborhood;
The proposed project meets all applicable General Plan and Development Code
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 since 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 to
ensure the proposed use is well integrated with the existing uses (see
attachment).
D. The nature of the proposed 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 of the community. The restaurant currently holds an active T ype-
41 license (on-sale beer and wine-eating place) which allows the establishment
to serve beer and wine on the premises. The upgrade to a Type-47 license (on-
sale general-eating place), 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 500 foot sensitive use separation requirement has been met. The
measurement from the front entrance of The Country Garden Bar and Grill to the
closest public entrance of the Christian Science Society of Temecula exceeds
well over 500 feet. 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.
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;
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The decision to approve, conditionally approve, or deny the application for a
Conditional Use Permit has been based on substantial evidence in view of the
record as a whole before the Director of Planning.
Section 3. Environmental Findinqs. The Director of Planning hereby make the
following environmental findings and determinations in connection with the approval of
the Minor Conditional Use application:
A. In accordance with the California Environmental Quality Act, staff has
determined that the proposed project is categorically exempt from further environmental
review (Section 15301, Class 1, Existing Facilities);
The request by the applicant to upgrade their existing liquor license from a Type
41 (on sale beer and wine - eating place) to a Type 47 (on sale general- eating
place) and to sell alcohol on an existing patio will result in an insignificant impact
to an existing restaurant use. In addition, the applicant has not proposed to alter
the site in any way with the exception of including three patio furniture sets for
use on an existing patio. Therefore, staff has determined that the minor
conditional use represents a negligible impact for the site and surrounding area
and is exempt from further CEQA review.
Section 4. Conditions. That Planning Director of the City of Temecula hereby
approves Planning Application No. PA07-0116, a Minor Conditional Use Permit to
upgrade the liquor license of the Country Garden Restaurant Bar and Grill located at
29000 Old Town Front Street, Suite A from a type 41 to a type 47 and to serve alcohol
on an existing patio, subject to the Conditions of Approval set forth on Exhibit A,
attached hereto, and incorporated herein by this reference.
Section 5. PASSED, APPROVED AND ADOPTED by the Planning Director of
the City of Temecula this 8th day of November 2007.
/)/f61;/k' lv~ 5k
Debbie Ubnoske, Director of Planning
I, Kathy Simpkins, Secretary of the Temecula Director's Hearing, do hereby certify
that DH Resolution No. 07-013 was duly and regularly adopted by the Director of
Planning of the City of Temecula at a regular meeting thereof held on the 8th day of
November 2007.
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athy Si pkin , -S-ecreta y
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EXHIBIT A
FINAL CONDITIONS OF APPROVAL
SCANNED:
G DRIVE:
PERMITS PLUS:
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ACCEPTANCE OF CONDITIONS OF APPROVAL
I, Rafael Chavez understand that Planning Application No. PA07-0116 has been approved
with Conditions of Approval which are set forth in Exhibit A. I have read the Conditions of
Approval contained in Director's Hearing Resolution No. 07-013 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.
-Irf/ ~h"u~ /
SIGNA RE P
///~O/t) 7
DATE '
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EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA07-0116
Project Description:
A Minor Conditional Use Permit to upgrade the liquor
license of the Country Garden Restaurant Bar and Grill
from a type 41 (on sale beer and wine - eating place) to a
type 47 (on sale general - eating place) and to serve
alcohol on an existing patio, located at 29000 Old Town
Front Street, Suite A
Assessor's Parcel No.
922-120-008
MSHCP Category:
DIF Category:
TUMF Category:
N/A
N/A
NIA
Approval Date:
November 8, 2007
Expiration Date:
November 8, 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 April 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 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.
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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 7:00 a.m. and 2:00 a.m., seven days each
week.
13. A separate building permit shall be required for all signage (Sign Program may be required).
14. Landscaping installed for the project shall be continuously maintained to the reasonable
satisfaction of the Planning Director. If it is determined that the landscaping is not being
maintained, the Planning Director shall have the authority to require the property owner to
bring the landscaping into conformance with the approved landscape plan. The continued
maintenance of all landscaped areas shall be the responsibility of the developer or any
successors in interest.
15. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These
shall be clearly labeled on site plan.
16. Parking for the project shall be shared across the site, including parking spaces in all lots
that are a part ofthe project. If the project involves multiple lots, the applicant shall submit
to the Planning Department a copy of a recorded Reciprocal Use Agreement, which
provides for cross-lot access and parking across all lots.
17. The development of the premises shall substantially conform to the approved site plan and
elevations contained on file with the Planning Department.
18. The Conditions of Approval specified in this resolution, to the extent specific items,
materials, equipment, techniques, finishes or similar matters are specified, shall be deemed
satisfied by staffs prior approval of the use or utilization of an item, material, equipment,
finish or technique that City staff determines to be the substantial equivalent of that required
by the condition of approval. Staff may elect to reject the request to substitute, in which
case the real party in interest may appeal, after payment of the regular cost of an appeal,
the decision to the Planning Commission for its decision.
Material ManufacturelModel
Three umbrellas
Three Patio Sets
Hampton Bay / DTU961TR
Alfareria Michoacan I Monterrey
19. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
20. All patio furniture shall exactly match the items depicted in the enclosed Exhibits A and B
and Condition of Approval number 19. In addition, all patio furniture shall be arranged in a
manner to ensure compliance with the American's With Disabilities Act (ADA).
Fire Prevention
21. Final fire and life safety conditions will be addressed when building plans are reviewed by
the Fire Prevention Bureau. These conditions will be based on occupancy, use, the
California Building Code (CBC), California Fire Code (CFC), and related codes which are in
force at the time of building plan submittal.
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22. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will
be maintained in working order and up to their original design and performance
specifications (CFC art.87 et al).
Police Department
23. Applicant currently holds a Type 41 (On Sale Beer and Wine) and is requesting an upgrade
to 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.
24. Applicant will also comply with City Ordinance 97-07, (9.14.010 Temecula Municipal Code
series).
25. 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, County or
City (municipal) agency.
26. 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)
27. 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. This training is available through Alcoholic Beverage Control (LEAD
training). The Temecula Police Department also provides a similar employee training
course. Contact the crime prevention unit to schedule a training session.
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28.
29.
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Patio Area: Applicant will ensure a fencing of three feet is maintained throughout the patio
dining area. Overhead shelter utilizing nature plants, umbrellas or other type of awning will
be implemented. Emergency exits will be placed within the patio area. All patrons utilizing
the patio area will use one central entrylexit door from within the restaurant itself. All
exterior gates in the patio will be used for "Emergency Exit" only.
Miscellaneous:
a. After Hours: Licensees may not sell, give, or deliver alcohol (by the drink or 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" (Section 23805 B&P).
b. Authority of Peace Officers/Refusing 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. 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).
d. Law Enforcement Problem: Licensees may not permit their licensed premises to be
a problem for the local law enforcement agency by needing an undue number of
calls for service. The licensed premise includes the parking lot (Section 24200(a)
B&P).
e. Substitution of Brands: No person may substitute types or brands of alcohol without
first informing the purchaser (Section 25609 B&P).
f. Minors employed on On-Sale premises: In a bona fide public eating place, minors
between 18 and 21 years of age may serve alcoholic beverages in an area primarily
designed and used for the sale and service of food for consumption on the premises
as an incidental part of their overall duties. These minors cannot act as bartenders
(Section 25667 B&P).
g. No minor can be employed during business hours on the portion of any premises
which is primarily designed and used for the sale and service of alcoholic beverages
for consumption on the premises. There are exceptions, under limited
circumstances, with respect to musicians (Sections 25663 and 25663.5 B&P).
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b. The following conditions will be adhered to as discussed and agreed on at the
Alcohol Review Board hearing held at the police department on Monday, April 30,
2007:
i. No live entertainment including bands, dancing, any sort of contest, rap,
reggae, and mud wrestling unless a special Conditional Use Permit is
approved by the City for any special type of entertainment.
ii. Because of the new closing hours of the business at 1 :30 a.m. each
night, "last call" will be held no later than 1 :00 a.m. nightly.
iii. Management and employees will schedule alcohol training with the
Temecula Police Department Crime Prevention Unit for all new employees
and management personnel.
Any questions regarding these conditions shall be referred to the Police Department Crime
Prevention and Plans Officer at 951 695-2773.
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PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY
THIS PERMIT
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Fire Prevention
30. A "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet
in height and be located to the right side of the main entrance door (CFC 902.4).
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OUTSIDE AGENCIES
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31. The applicant shall comply with the recommendations set forth in the County of Riverside
Department of Environmental Health's transmittal dated April 19, 2007, a copy of which is
attached.
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o COUNTY OF RIVERSIDE . HEALTH SERVICES AGENCY 0
DEPARTMENT OF ENVIRONMENTAL HEALTH
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City of Temecula
Planning Department
c/o Eric Jones
PO BOX 9033
Temecula, CA 92589-9033
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19 April 2007
RE: PA07-0116
The Department of Environmental Health (DEH) has received and reviewed the PA07-
0116 for the Country Garden Restaurant Bar and Grill, under the applicant: CHAVEZ
RAP AEL.
The Conditional Use Permit application for a 1,096 square foot commercial building
located on at 2900 Old Town Front Street #A from a 41 to 47. In addition, the applicant
woutd like to serve alcohol on an existing patio. A water and sewer availability letter
shall be required by the City of Temecula at time of building plan submittal to the City.
Any food vending or restaurant use of the building shall require 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
S~1fI
Gregor Dellenbach, REHS
EHS071373
Local Enforcement Agency. 1'0. 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 (909) 955-8903 . 4080 Lemon Street, 2nd Floor, Riverside, CA 92501