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HomeMy WebLinkAbout10-001 PC Resolution PC RESOLUTION NO. 10 -01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09 -0316, A CONDITIONAL USE PERMIT TO AUTHORIZE FRANCESCA'S ITALIAN KITCHEN TO SELL WINE, BEER, AND DISTILLED SPIRITS FOR ON -SITE CONSUMPTION (TYPE -47 ABC LICENSE) IN AN EXISTING BUILDING LOCATED AT 31165 HIGHWAY 79 SOUTH (APN 961- 010 -031) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On October 27, 2009, Michael Brewer filed Planning Application No. PA09 -0316, a 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 Commission, at a regular meeting, considered the Application and environmental review on January 20, 2010, 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 Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA09 -0316 subject to, and based upon, the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Conditional Use Permit (Development Code Section 17.04.010E) A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The proposed use is. conditionally permitted in the PD0-4 zoning district. The proposed use is consistent with the City of Temecula General Plan which specifies that the Professional Office (PO) designation includes professional office and service oriented business activities serving the entire community. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of use proposed. The use, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the Department of Alcoholic Beverage Control (ABC), California Environmental Quality Act (CEQA), and fire and building codes. 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 the nature, condition and development of adjacent uses, buildings and structures. The use is in an existing building within a well developed retail area. The proposed conditional use will provide additional convenience for the community, and allow the business to be competitive with other establishments in area. The conditional use has also been reviewed by the City of Temecula Fire, Building and Safety, Public Works and Police Department to ensure the sale of alcohol will operate safely and not affect any adjacent uses, buildings or structures. 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; The site for the conditional use is adequate in size and shape to accommodate the yards, walls, fences, loading facilities, buffer areas, landscaping and other development features described in the City of Temecula Development Code as well as other governing regulations. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The proposed project is consistent with the requirements outlined in Chapter 17.22.130 and 17.22.136B of the City of Temecula's Development Code. The requirements for the proposed conditional use are intended to protect the health and safety of those in and around the site. The City of Temecula Planning, Fire, Building and Safety, Public Works and Police Departments have reviewed this Conditional Use Permit and determined that it will not be detrimental to the health, safety and welfare of the community as conditioned. In addition, the Riverside County Department of Environmental Health has also reviewed and conditioned the projec E. That the decision to conditionally approve the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission; The decision to conditionally approve the application has been based on substantial evidence in view of the record as a whole. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the 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 request for a Minor Conditional Use Permit and Finding of Public Convenience or Necessity for a Type -47 ABC license at the proposed site will be conducted within an existing building in a developed retail commercial area. All access and public utilities are available to the site. The proposed use, with issuance of a CUP, is in conformance with all zoning requirements of the Development Code, Planned Development Overlay District -4, and the General Plan. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA09 -0316, a Conditional Use Permit for the incidental sale of alcohol at Francesca's located at 31165 Temecula Parkway, 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 City of Temecula Planning Commission this 20th day of January 2010. Ca Carey, Chairman ATTEST: Patrick Richardson, Secretary r [SEAL] STATE OF CALIFORNIA -COUNTY OF RIVERSIDE )ss CITY_OF TEMECULA I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 10 -01 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20th day of January 2010, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Kights, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None Patrick Richardson, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA09 0316 and PA09 0317 Project Description: A Conditional Use Permit to authorize Francesca's Italian Kitchen to sell wine, beer, and distilled spirits for on -site consumption (Type -47 ABC license) in an existing building located 31165 Temecula Parkway Assessor's Parcel No.: 961 010 031 MSHCP Category: N/A DIF Category: N/A TUMF Category: N/A Approval Date: January 20, 2010 Expiration Date: January 20, 2012 PLANNING DEPARTMENT 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)). 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 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 the approval of this project. PL -4. 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. PL -5. The Planning Director 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 all signage. PL -7.. The applicant shall comply with their Statement of Operations dated January 4, 2010, on file with the Planning Department, unless superseded by these Conditions of Approval. PL -8. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL -9. 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 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. PL -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.E.A.D.) training from the California Department of Alcoholic Beverage Control. PL -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 (951- 676 5090). PL -12. No live entertainment is permitted with this approval. PL -13. Regular hours of operation shall be Monday 4 p.m. to 9 p.m. and Tuesday through Sunday 12 p.m. to 9 p.m. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL -14. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. OUTSIDE AGENCIES PL -15. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated November4, 2009, a copy of which is attached. 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. Applicant 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 Temecula Municipal Code section 9.14.010, No consumption of alcoholic beverages in public. PD -3. Applicant will ensure that no alcohol is sold to or consumed by any person under the age of 21. PD -4. 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 a Territory 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 -5. 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 -6. Sections 24200.5 (b) and 25657 (a) (b) B 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 -7. 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 -8. 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 -9. 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 148 and 241 (b) PC). PD -10. 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 316 PC). PD -11. 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 -12. 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 -13. Any questions regarding these conditions should be directed to Temecula Police Department Crime Prevention office at (951) 695 -2773. BUILDING AND SAFETY DEPARTMENT General Requirements /Information B -1. All design components shall comply with applicable provisions of the 2007 edition of the California Building, Plumbing and Mechanical Codes; 2007 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. B -2. Submit three copies of plans for any proposed tenant improvements to the Building and Safety Department for review and approval. Structural plans and calculations shall be stamped and wet signed by the engineer of record. Plumbing, electrical and /or mechanical plans shall be stamped and wet signed by a registered professional engineer or architect licensed by the State of California or by the licensed electrical contractor completing the work. B -3. Obtain all permits and inspections for required work noted above prior to event during regular City business hours.