HomeMy WebLinkAbout08_021 DH ResolutionDH RESOLUTION NO. 08-021
A RESOLUTION OF THE DIRECTOR OF PLANNING OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA08-0206, A MINOR CONDITIONAL
USE PERMIT TO ALLOW THE PUBLIC HOUSE
RESTAURANT LIVE ENTERTAINMENT (BANDS/ DJ/
COMEDY/KARAOKE) AND TO UPGRADE THEIR
EXISTING TYPE-41 ABC LICENSE (ON-SALE BEER AND
WINE-EATING PLACE) TO A TYPE-47 ABC LICENSE
(ON-SALE GENERAL - EATING PLACE) WHICH WOULD
AUTHORIZE THE SALE OF BEER, WINE AND DISTILLED
SPIRITS FOR CONSUMPTION ON THE PREMISES,
LOCATED AT 41971 MAIN STREET IN OLD TOWN
TEMECULA (APN 922-040-024).
Section 1. Procedural Findings. The Director of Planning of the City of
Temecula does hereby find, determine and declare that:
A. On September 12, 2008, Gerry Kent filed Planning Application No. PA08-
0206, 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 Director of Planning, at a regular meeting, considered the Application
and environmental review on November 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 Director of Planning approved Planning Application No. PA08-0206, a
Minor Conditional Use Permit for live entertainment and a Type-47 ABC license for the
Public House Restaurant located at 41971 Main Street, subject to Conditions of
Approval, after finding that the project proposed in Planning Application No. PA08-0206
conformed to the City of Temecula's General Plan and Development Code.
Section 2. Further Findings. The Director of Planning, in approving Planning
Application No. PA08-0206, hereby makes the following findings as required by
Development Code Section 17.04.010.
A. The proposed conditional use is in conformance with the General Plan for
and Development Code for the City of Temecula;
The proposed conditional use is consistent with the General Plan. The General
Plan indicates that the Community Commercial Land Use designation anticipates
land uses related to tourism in the City, including restaurants. The allowance for
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live entertainment and the issuance of the Type-47 license for the Public House
restaurant, which will authorize the service of beer, wine and distilled spirits for
consumption on the premises, will provide an additional convenience for tourist
who may be visiting the area and is consistent with the intent of the General
Plan. The project, as conditioned meets all applicable development code
requirements, including the 500-foot sensitive use separation requirement for
businesses selling alcoholic beverages.
B. The proposed conditional use is compatible with the nature, condition and
development of the 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 the nature, condition and
development of adjacent uses, builidngs and structures. The adjacent land uses
include general retail-type uses, as well as a varitey of other restaurants that sell
alcoholic beverages, including distilled spirits. All of the existing uses are
commerical uses that are compatible with a restaurant providing live
entertainment and serving beer, wine and distilled spirits. The Minor
Conditional Use Permit, as conditioned is compatible with the nature, condition
and development of the surrounding uses, buildings and structures and is not
anticipated to adversely affect any of the existing businesses, buildings or
structures.
C. The site for the proposed conditional use is adequate in size and shape to
accommodate the yards, fences, parking and loading facilities, buffer areas,
landscaping and other development features prescribed by this development code and
required by the Director of Planning in order to integrate the use with the other uses in
the neighborhood;
The site for the proposed conditional use is adequate in size and shape to
accommodate the yards, walls, fences, patios, fire pits, buffer areas, landscaping
and other development features. The project, as conditioned, meets all
applicable Development Code requirements. Additionally, all of the walls,
fences, patios, fire pits, buffer areas and landscaping are being installed
consistent with the approved Minor Modification for the property.
D. The nature of the proposed use is not detrimental to the health, safety and
general welfare of the community;
The nature of the proposed use is not deterimental to the health, safety and
general welfare of the community. The project will provide an added amenity and
convenience for patrons visting and dining at the Public House restaurant.
Project specific Conditions of Approval have been drafted and the owner will be
required to abide by all of these conditions. The project, as conditioned, is
compatible with the surrounding land uses and businesses and it not anticipated
to have an adverse impact on the health, safety and general welfare of the
community.
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Section 3. Environmental Findings. The Director of Planning hereby makes
the following environmental findings and determinations in connection with the approval
of the Minor Conditional Use Permit:
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).
In accordance with the California Environmental Quality Act, the proposed
project, a Minor Conditional Use Permit to allow for live entertainment and
authorize a Type-47 ABC license for the Public House restaurant, has been
deemed exempt from further environmental review. It has been determined that
the project will not have a significant effect on the environment and is declared
categorically exempt from further environmental review per CEQA Section
15301, Class 1 (Existing Facilities). The CEQA guidelines indicate that the key
consideration in determining if a project qulaifies for a Class 1 exemption is to
determine whether the project involves negligible or no expansion of an existing
use. The proposed project is for a land use approval and does not involve any
new construction. The facility, a restaurant which has been previously authorized
to serve beer and wine, currently exists. The approval of this project, which will
allow live entertainment and authorize a Type-47 ABC license, is a land-use
approval and will take place within an existing restaurant. The only change to the
existing land-use is that live entertainment will be provided and beer, wine and
distilled spirits will be permitted to be served for consumption on the premises.
Section 4. Conditions. The Director of Planning of the City of Temecula
approves Planning Application No. PA08-0206, a Minor Conditional Use Permit to
authorize the Public House restaurant, located at 41971 Main Street, to provide live
entertainment and to upgrade their existing Type-41 ABC license (on-sale beer and
wine - eating place) to a Type-47 ABC license (on-sale general - eating place), which
would allow for the sale and service of beer, wine and distilled spirits for consumption
off the premises, 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 City of Temecula
Director of Planning this 20th day of November 2008
Oa~~ GC~ pe'
Debbie Ubnoske, Director of Planning
I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby
certify that the forgoing DH Resolution No. 08-021 was duly and regularly adopted by
the Director of Planning of the City of Temecula at a regular meeting thereof held on
the 20th day of November 2008.
v
ynthia L r' cia, Secre ary
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EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
SCANNED:
G DRIVE:
PERMITS PLUS:
INITIALS:
PLANNER:
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EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA08-0206
Project Description: A Minor Conditional Use Permit to allow The Public House restaurant
live entertainment (bands/dj/comedy/karaoke) and to upgrade their
existing Type-41 ABC license (on-sale beer and wine-eating place) to
a Type-47 ABC license (on-sale general - eating place) which would
authorize the sale of beer, wine and distilled spirits for consumption
on the premises, located at 41971 Main Street in Old Town
Temecula
Assessor's Parcel No.:
MSHCP Category:
DIF Category:
TUMF Category:
Approval Date:
Expiration Date:
PLANNING DEPARTMENT
922-040-024
N/A
N/A
N/A
November 20, 2008
November 20, 2010
Within 48 Hours of the Approval of This Project
PL-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 for the, project granted shall be void by reason of failure of condition (Fish
and Game Code Section 711.4(c)).
PL-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
PL-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
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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.
PL4. The permittee shall obtain City approval for any modifications or revisions to this
Conditional Use Permit.
PL-5. The approval of this Conditional Use Permit shall be used within two years of the
approval date; or the approval shall become null and void. If commencement of the
Conditional Use Permit has not occurred within two years of the approval date an
extension of time application may be filed consistent with all Development Code
requirements.
PL-6. The Director of Planning may, upon an application being filed within 30 days prior to
expiration, and for good cause, grant a time extension of up to 3 one-year extensions of
time, one year at a time.
PL-7. A separate building permit shall be required for the patio addition.
PL-8. A premises expansion for the patio area shall be reviewed and approved by the
Department of Alcoholic Beverage Control in order to properly license the patio area.
PL-9. The applicant shall comply with their Statement of Operations dated September 14,
2008, as expanded and modified via email dated October 9, 2008 on file with the
Planning Department, unless superseded by these Conditions of Approval.
PL-10. The normal business hours of operations shall be:
Monday through Wednesday 11 a.m. to 10 p.m. (food served until 10 p.m.)
Thursday through Friday 11 a.m. to 2 a.m. (food served until 12 a.m.)
Saturday 9 a.m. to 2 a.m. (food served until 12 a.m.)
Sunday 9:30 a.m. to 10 p.m. (food served until 10 p.m.)
PL-11. The live entertainment shall only be provided after 6 p.m. Monday through Friday, and
during normal business hours on Saturday and Sunday, with the exception that live
entertainment may not be allowed outdoors after 1 a.m.
PL-12. This Conditional Use Permit.may be revoked pursuant to Section 17.03.080 of the
City's Development Code.
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PL-13. The City, 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 business, a change in
scope, emphasis, size of 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, 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.
PL-14. 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.
PL-15. 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 (951-676-5090).
PL-16. All of the foregoing conditions shall be complied with prior to occupancy or any use
allowed by this permit.
POLICE DEPARTMENT
General Requirements
PD-1. Applicant has applied for a Type 47 On-Sale General - Eating Place (Restaurant)
which authorizes the sale of beer, wine and distilled spirits for consumption on the
licensed premises and 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. Minors are allowed on the premises.
PD-2. Applicant will comply with Ordinance 97-07,0.14.010 Temecula Municipal Code series.
PD-3. Identification will be verified utilizing one of the following: (a) valid California driver's
license; (b) valid California identification card; (c) valid military identification card
(active/reserve/retired/dependent); (d) valid driver's license from any of the 50 States or
Territories of the United States; (e) valid U.S. Passport; (f) valid government issued
identification card issued by a Federal, State, and County or City agency.
PD-4. 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 Section 25660 of
the Business and Profession Code (B&P), which includes the following requirements:
(a) name of person; (b) date of birth; (c) physical description; (d) photograph; (e)
currently valid (not expired).
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PD-5. Sections 24200.5 (b) and 25657 (a) (b) B&P; Rule 143 CCR: Section 303 (a) (PC): On-
sale licensees may not: (a) employ hosts, hostesses, or entertainers who solicit others
to buy them drinks, alcoholic or non-alcoholic; (b) pay or agree to pay such an employee
a percentage of the receipts from the sales of drinks solicited; (c) permit any person
whether an employee or not, to loiter for the purpose of soliciting an alcoholic drink.
PD-6. Type 41, 47 and 49 licensees must operate and maintain their licensed premises as a
bona fide eating place. They must make actual and substantial sale of meals, during
the normal meal hours that they are open, at least five days a week. Normal meal hours
are: breakfast 6:00 a.m. - 9:00 a.m., lunch 11:00 a.m. - 2:00 p.m., and dinner 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. The premises must be equipped and maintained in good faith.
This means the premises must possess working refrigeration and cooking devices,
pots, pans, utensils, table service, condiment dispensers, menus, posters, signs, and
enough goods to make substantial meals. The premises must comply with all
regulations of the local health department. Incidental, sporadic or infrequent sales of
meals or a mere offering of meals without actual sales is not compliance. "Meals"
means the usual assortment of food commonly ordered at various hours of the day.
The service of only sandwiches or salads is not considered compliance. However,
certain specialty entrees, such as pizza, fish or ribs, and an assortment of other foods,
such as soups, salads or desserts, may be considered a meal. The Department will
presume that a licensee is operating as a bona fide eating place if the gross sales of
food prepared and sold to guests on the premises exceeds the gross sales of alcoholic
beverages. "Prepared" means any processing preliminary to the final serving of food.
(Note: Some licensees have a "conditional" license that requires food sales to be 50%
or more of the total gross sales Sections 23038 and 23787 B&P).
PD-7. 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 that the law. Those licenses are marked "Conditional" (23805 B&P).
PD-8. 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 anytime
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).
PD-9. 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 premise includes the parking lot (Section 25601 B&P; 316
PC).
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PD-10. 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;
and, (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.).
PD-11. 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 (Sections 24200 (a) (B&P).
PD-12. Refer any and all questions regarding this condition to the Crime Prevention and Plans
Officer, (951) 695-2773.
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