HomeMy WebLinkAbout08_005 DH ResolutionDH RESOLUTION NO. 08-005
A RESOLUTION OF THE PLANNING DIRECTOR OF THE
CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA08-0031, A MINOR CONDITIONAL
USE PERMIT FOR ATYPE-47 ABC LICENSE (ON-SALE
GENERAL), WHICH WOULD AUTHORIZE THE SALE OF
BEER, WINE AND DISTILLED SPIRITS AT RODRIGO'S
MEXICAN GRILL RESTAURANT, LOCATED AT 39562
WINCHESTER ROAD IN RANCHO TEMECULA TOWN
CENTER (APN 920-100-036)
Section 1. Procedural Findings. The Planning Director of the City of Temecula
does hereby find, determine and declare that:
A. On February 5, 2008, Rod Fraser Enterprises, Inc. filed Planning
Application No. PA08-0031, a 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 March 20, 2008, 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. PA08-0031
subject to Conditions of Approval, after finding that the project proposed in Planning
Application No. PA08-0031 conformed to the City of Temecula's General Plan and
Development Code.
Section 2. Further Findings. The Planning Director, in approving Planning
Application No. PA08-0031 hereby makes the following findings as required by Section
17.040.010.E - (Conditional Use Permit) of the Temecula Municipal Code:
Minor Conditional Use Permit -Development Code Section 17.040.010.E
A. The proposed conditional use is consistent with the General Plan and the
Development Code;
The proposed use is consistent with the specific policies and goals outlined in the
City's General Plan. The proposal is fora Type 47 license (on-sale general -
eating place) for a new restaurant, Rodrigo's Mexican Grill, located within the
Community Commercial zoning district. The proposed use is also consistent with
the goals and policies of the underlying General Plan Land Use Designation
(Community Commercial), contained within the General Plan. The project is
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consistent with the surrounding uses and meets all applicable Development
Code requirements, including the 500-foot sensitive use separation requirement.
The site has been 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. The proposed use has been analyzed and compared to the
adjacent land uses and it has determined that the proposed use will be
consistent with the surrounding uses. The area in which Rodrigo's Mexican Grill
is located consists of a mixture of uses which includes retail and commercial, as
well as other restaurant uses and a Henry's Market and Beverages and More,
both of which sell beer, wine and distilled spirits. The restaurants in the
immediate vicinity also serve alcoholic beverages without having an adverse
effect on adjacent uses. It is anticipated that the proposed use will not adversely
affect any of the surrounding properties.
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 the Development Code and
required by the Planning Commission or City Council in order to integrate the use with
other uses in the neighborhood;
Rodrigo's Mexican Grill is currently under construction. The site is adequate in
size and shape to accommodate the building and all required development
features. It has been determined that the project is consistent with the
Development Code requirements, as related to the requested ABC license. No
exterior changes are being proposed as a part of this planning application. The
only change being proposed is related to the use and authorization for this
existing restaurant to serve beer and wine, along with distilled spirits. 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 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 Type-471icense (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 site is also consistent with the City's Development Code
requirement regarding separation of sensitive uses. It has been determined
through G/S data that the 500-foot sensitive use separation requirement has
been met. Furthermore, the City of Temecula Police Department has provided
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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 3. Environmental Findings. The Director of Planning hereby make 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
(15301, Class 1, Existing Facilities);
The key consideration for the existing facilities exemption is whether the project
involves negligible or no expansion of an existing use. It has been determined
that this project is categorically exempt according to CEQA Section 15301, Class
1 (Existing Facilities) because no expansion or construction is proposed as a part
of this project. The restaurant currently exists on-site. The request for a Type 47
ABC license which authorizes this restaurant to serve beer and wine, and
distilled spirits, does not involve the physical expansion of the existing use or
structure. The land use is not changing; the restaurant currently exists and will
continue to exist. The only change is to the type of beverages that are
authorized to be sold on the premises.
Section 4. Conditions. The Director of Planning of the City of Temecula
hereby approves Planning Application No. PA08-0031, a Minor Conditional Use Permit
for aType-47 ABC license (on-sale general), which would authorize the sale of beer,
wine and distilled spirits at Rodrigo's Mexican Grill restaurant, located at 39562
Winchester Road, 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 Director of Planning
of the t of Te ecula this 20~h day of March 2008.
trick Richardson, Principal Planner
I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby
certify that DH Resolution No. 08-005 was duly and regularly adopted by the Director of
Planning of the City of Temecula at a regular meeting thereof held on the 20'h day of
March 2008. ~ -
~v
Cy is Lari ,Secretary
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EXHIBIT A
FINAL CONDITIONS OF APPROVAL
SCANNED: 7 a (UY
G DRIVE: 3 0
PERMITS PLUS:
INITIALS:
PLANNER: Kitzerow/Peters
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ACCEPTANCE OF CONDITIONS OF APPROVAL
I, Cheryl Coulter, understand that Planning Application No. PA08-0031 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. 08-005 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.
IGNATUR
~~ ~~
DATE
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EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA08-0031
Project Description: A Minor Conditional Use Permit for aType-47 ABC
license (on-sale general), which would authorize the sale
of beer, wine and distilled spirits at Rodrigo's Mexican
Grill restaurant, located at 39562 Winchester Road in
Rancho Temecula Town Center
Assessor's Parcel No. 920-100-036
MSHCP Category: N/A
DIF Category: NIA
TUMF Category: N/A
Approval Date: March 20, 2008
Expiration Date: March 20, 2010
WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT
Planning Department
The applicanUdeveloper shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount ofSixty-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)).
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.
GENERAL REQUIREMENTS
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
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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.
The applicant shall comply with their Statement of Operations, 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 hereunderfor any violations
of the conditions imposed on such Conditional Use Permit or for the maintenance of any
nuisance condition or other code violation thereon.
The permittee shall obtain City approval for any modifications or revisions to the approval of
this Conditional Use Permit.
The permittee shall submit a minor modification application to be approved for any exterior
changes made to the building, including any fencing or gates that may be constructed in the
future.
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.
10. 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.
11. 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.E.A.D.) training from the California Department of Alcoholic Beverage Control.
12. 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 maybe obtained through the Temecula
Valley Chamber of Commerce (telephone number 951-676-5090).
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13. Regular hours of operation shall be as follows: Monday-Thursday 11a.m. to 10 p.m., Friday
11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8 a.m. to 10 p.m.
14. A separate building permit shall be obtained prior to the commencement of construction,
tenant improvement or other interior or exterior improvements requiring building permits.
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 valid California driver's license
b. A valid California identification card
c. A valid military identification card. (Active/reserve/retired/dependent)
A valid driver's license from any of the fifty states or territories of the United States
e. A valid U.S. Passport.
A valid government issued identification card issued by a Federal, State, 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 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)
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
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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, 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).
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