HomeMy WebLinkAbout09_008 DH Resolution
DH RESOLUTION NO. 09-008
A RESOLUTION OF THE CITY PLANNER OF THE CITY
OF TEMECULA MODIFYING THE CONDITIONS OF
APPROVAL FOR 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 City Planner 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 City Planner, 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 City Planner 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.
E. Staff has received numerous complaints from adjacent property owners
regarding noise, parking/deliveries, and lack of adequate restroom facilities at the
subject business. Upon review of the case and discussions with the business owner,
staff recommends additional conditions to address these concerns.
Section 2. Conditions. The City Planner of the City of Temecula modifies the
Conditions of Approval for Planning Application No. PA08-0206, a Minor Conditional
Use Permit to authorize the Public House restaurant, located at 41971 Main Street, to
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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 Revised Conditions of Approval set forth
on Exhibit A, attached hereto, and incorporated herein by this reference.
Section 3. PASSED, APPROVED AND ADOPTED by the City of Temecula
City Planner this 9t' day of April 2009
-lz62
Patrick Richardson, City Planner
I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby
certify that the forgoing DH Resolution No. 09-008 was duly and regularly adopted bX
the City Planner of the City of Temecula at a regular meeting thereof held on the 9t
day of April 2009.
Cynthia riccia, Secretary
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EXHIBIT A
FINAL CONDITIONS OF APPROVAL
SCANNED:
G DRIVE:
PERMITS PLUS:
INITIALS:
PLANNER:
WPLANNING\2008\PA08-0206 Public House Minor CUP\Planning\FINAL CONS EXHIBIT A UPDATED 3.09.doc
EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
REVISED APRIL 9. 2009
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.: 922-040-024
MSHCP Category: N/A
DIF Category: N/A
TUMF Category: N/A
Approval Date: November 20, 2008
Expiration Date: November 20, 2010
PLANNING DEPARTMENT
Within 48 Hours of the Approval of This Project
PLA. 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)).
General Requirements
PL-2. 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
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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.
PL-3. The permittee shall obtain City approval for any modifications or revisions to this
Conditional Use Permit.
PL-4. 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-5. The City Planner 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-6. A separate building permit shall be required for the patio addition.
PL-7. 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-8. 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-9. 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-10. The live entertainment shall only be provided between the hours of 6 p.m. and 12 p.m.-
midnight all seven days of the week.
busenpss heurs OR SatUFday and Sunday, with the e)(Geptien that live eR
(Modified at Director's Hearing of April 9,
2009).
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PL-11. The applicant shall construct additional bathrooms within 90 days of the approval
date as determined by the maximum occupancy for the building and outdoor
entertainment area. (Added at Director's Hearing on November 20, 2008).
Extended an additional 60 days from the April 9. 2009 Director's Hearing.
Applicant will also be required to construct a pate to screen the bathroom
structure and meet ABC requirements. If restrooms are not constructed and
operational within this timeframe (by June 8. 2009), the entertainment uses
allowed by this CUP will not be permitted until such time as the restrooms are
operational.
PL-12. Prior to any live entertainment, the applicant shall have the Fire Department
determine the maximum occupancy of the outdoor area and building. It shall be
the applicant's responsibility to post a sign indicating the maximum occupancy in
a highly visible location. (Added at Director's Hearing on November 20, 2008).
PL-13. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's
Development Code.
PL-14. The City, its City Planner, 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 City Planner, Planning
Commission and City Council is in addition to, and not in-lieu of, the right of the City, its
City Planner, Planning Commission, and City Council to review, revoke or modify any
Conditional Use Permit approved or conditionally approved hereunder for any violations
of the conditions imposed on such Conditional Use Permit orforthe maintenance of any
nuisance condition or other code violation thereon.
PLA 5. 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-16. 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).
PLAT All of the foregoing conditions shall be complied with prior to occupancy or any use
allowed by this permit.
PL-18. A security guard shall be present during business hours to monitor patron
parking and ensure patrons are not parking on adjacent private property. (Added
at April 9. 2009 Director's Hearing)
PL-19. Deliveries are restricted to before 10 a.m. and shall occur on the subject site or
immediately in front of the business (not on adjacent private property). (Added at
April 9. 2009 Director's Hearing)
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POLICE DEPARTMENT
General Requirements
PD-1. Applicant has applied fora 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. Applicantwill complywith 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).
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).
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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 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).
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).
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.).
PDA 1. 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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