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HomeMy WebLinkAbout100610 PC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694 -6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II]. PRELUDE MUSIC: CALL TO ORDER: Flag Salute: Roll Call: PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Commission on items that are not listed on the Agenda. Speakers are limited to three minutes each. If you desire to speak to the Commission about an item not on the Agenda, a salmon colored "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary prior to the Commission addressing that item. There is a three - minute time limit for individual speakers. NOTICE TO THE PUBLIC TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE OCTOBER 6, 2010 — 6:00 PM Earlene Bundy Commissioner Harter Carey, Guerriero, Harter, Kight, and Telesio Next in Order: Resolution: 10 -17 All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action.. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of September 15, 2010 1 PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee. 2 Planning Application No. PA10 -0277, a Minor Conditional Use Permit to allow for the sale of beer, wine, and distilled spirits at The Sports Page Pub and Grill generally located at the northwest corner of Temecula Parkway and Meadows Parkway at 32240 Temecula Parkway, #102 and #103, Stuart Fisk RECOMMENDATION: 2.1 Adopt a resolution entitled: PC RESOLUTION NO. 10- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10 -0277, A CONDITIONAL USE PERMIT TO AUTHORIZE THE SPORTS PAGE PUB AND GRILL TO SELL WINE, BEER, AND DISTILLED SPIRITS FOR ON -SITE CONSUMPTION (TYPE -47 ABC LICENSE) FROM AN EXISTING BUILDING LOCATED AT 32240 TEMECULA PARKWAY, SUITES 102 AND 103 (APN 959 - 390 -004) REPORTS FROM COMMISSIONERS PLANNING DIRECTOR REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, October 20, 2010, 6:00 PM City Council Chambers, 43200 Business Park Drive, Temecula, California. NOTICE TO THE PUBLIC - The agenda packet (including staff reports) will be available for viewing at City Hall's Planning Department Public Counter located at 43200 Business Park Drive and at the Temecula Library located at 30600 Pauba Road during normal business hours. Additionally, any supplemental material distributed to a majority of the Commissioners regarding any item on the Agenda, after the posting of the Agenda, will be available for public review at the locations indicated above. The packet will be available for viewing the Friday before the Planning Commission meeting after 4:00 p.m. You may also access the packet the Friday before the meeting after 4:00 p.m. on the City's website at www.cityoftemecula.orq. 2 PRELUDE MUSIC: CALL TO ORDER: Flag Salute: Roll Call: ABSENT: CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 2 Director's Hearing Summary Report RECOMMENDATION: 2.1 Receive and File Director's Hearing Summary Report APPROVED 3- 0 -1 -1, MOTION BY COMMISSIONER TELESIO, SECOND BY COMMISSIONER GUERRIERO; VOICE VOTE REFLECTED APPROVAL, HARTER ABSENT, KIGHT ABSTAINED PUBLIC HEARING ITEMS RECOMMENDATION: 3.1 Adopt a resolution entitled: ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE SEPTEMBER 15, 2010 — 6:00 PM Earlene Bundy Commissioner Guerriero Carey, Guerriero, Harter, Kight, and Telesio HARTER Next in Order: Resolution: 10 -16 Approve the Minutes of September 1, 2010 APPROVED 3- 0 -1 -1, MOTION BY COMMISSIONER TELESIO, SECOND BY COMMISSIONER GUERRIERO; VOICE VOTE REFLECTED APPROVAL, HARTER ABSENT, KIGHT ABSTAINED 3 Planning Application No. PA10 -0073, a Home Product Review application for 64 lots of the single- family cluster product at Harveston's Emery Place II (formerly Danbury) in Planning Area 9, with units ranging from 1,890 to 2,185 square feet, four floor plans and three elevation types each, generally located at the terminus of Lakeview Road and Date Street (TM 34698), Cheryl Kitzerow /Matt Peters APPROVED 4- 0 -1 -0, MOTION BY COMMISSIONER TELESIO, SECOND BY COMMISSIONER CAREY; VOICE VOTE REFLECTED APPROVAL, HARTER ABSENT 1 PC RESOLUTION NO. 10 -16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10 -0073, A HOME PRODUCT REVIEW APPLICATION FOR 64 LOTS OF THE SINGLE - FAMILY CLUSTER PRODUCT AT HARVESTON'S EMERY PLACE II (FORMERLY DANBURY) IN PLANNING AREA 9, WITH UNITS RANGING FROM 1,890 TO 2,185 SQUARE FEET, FOUR FLOOR PLANS AND THREE ELEVATION TYPES EACH, GENERALLY LOCATED AT THE TERMINUS OF LAKEVIEW ROAD AND DATE STREET (TR34698) Scott Crosby, 26719 Paddington Court, addressed the Planning Commission REPORTS FROM COMMISSIONERS PLANNING DIRECTOR REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, October 6, 2010, 6:00 PM City Council Chambers, 43200 Business Park Drive, Temecula, California. Carl Carey Chairman 2 Patrick Richardson Director of Planning and Redevelopment DATE OF MEETING: PREPARED BY: PROJECT SUMMARY: RECOMMENDATION: CEQA: PROJECT DATA SUMMARY Name of Applicant: General Plan Designation: Zoning Designation: Existing Conditions/ Land Use: Site: BACKGROUND SUMMARY STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION October 6, 2010 Stuart Fisk, Case Planner Planning Application No. PA10 -0277, a Conditional Use Permit to authorize The Sports Page Pub and Grill to sell wine, beer, and distilled spirits for on -site consumption (Type -47 ABC license) from an existing building located at 32240 Highway 79 South Approve with Conditions Categorically Exempt Section 15301, Class 1 Existing Facilities Chris Trimble Community Commercial (CC) Paloma Del Sol Specific Plan (SP -4) Existing Commercial Retail Center North: Commercial Shops /Community Commercial South: Temecula Parkway, Wal- Mart /Highway Tourist Commercial East: Meadows Parkway, Single - Family Residential /Low Medium Residential West: Commercial Shops, Home Depot /Community Commercial On September 15, 2010, Chris Trimble submitted Planning Application No. PA10 -0277, a Conditional Use Permit for The Sports Page Pub and Grill to sell wine, beer, and distilled spirits with a Type -47 ABC license (On -Sale General; Eating Place) in the Villages at Paseo del Sol shopping center at the building addressed as 32240 Temecula Parkway. The existing restaurant occupies Suites 102 and 103 of the building and encompasses approximately 2,500 square feet. A Statement of Operations and Letter of Justification have been provided by the applicant and are attached. Proposed hours of operation will be Sunday through Thursday from 9 a.m. to midnight, and Friday and Saturday from 10 a.m. to 2 a.m. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS The Sports Page currently holds a Type -41 ABC license (On -Sale Beer and Wine; Eating Place) and is seeking a Type -47 license to add mixed - drinks to their beverage menu. Per the City's Development Code, distilled spirit sales from a restaurant is conditionally permitted in the SP -4 zoning district; therefore the restaurant is required to obtain a Conditional Use Permit through the City of Temecula Planning Department to sell wine, beer, and distilled spirits with a Type -47 ABC license. Section 17.10.20.B of the Development Code requires that the alcohol selling business be at least 500 feet away from sensitive uses (schools, parks, religious institution); however, this requirement shall not apply when the alcohol - selling business and the church, school or park are both located within commercial or industrial zones. There are no existing religious facilities, schools, or parks within 500 feet of The Sports Page. The California Department of Alcohol Beverage Control (ABC) considers the Census Tract in which the project site is located to be "over- concentrated" in both on -sale and off -sale licenses. However, ABC does not require that the Planning Commission make Public Convenience or Necessity findings for restaurants in over - concentrated areas. Staff has determined that the consumption and sale of wine, beer, and distilled spirits at this location is a compatible and consistent land use when compared to the other commercial retail type businesses in the surrounding area. As provided by the State of California Department of Alcohol and Beverage Control, the Census Tract is considered over - concentrated when there are more than three existing licenses. Currently, there are 39 active licenses for on -site consumption within Census Tract 0432.14. Of the 39 active licenses, there are nine Type -47 licenses within the Census Tract. These businesses are dispersed throughout the Census Tract. Currently, the following businesses have a Type -47 license: Applebee's Neighborhood Grill and Bar, Killarney's Pub and Grill, La Cocina Mexican Kitchen, Pechanga Resort and Casino, Redhawk Golf Course, Stagecoach Inn, Francesca's Italian Kitchen, and Temecula Creek Inn. The new license for The Sports Page would not result in an excessive number of similar establishments within the Census Tract. Another license would result in added convenience for patrons within the Villages at Paseo del Sol center. The Sports Page will have a full service bar offering a full variety of wines, beers, and distilled spirit drinks. Operations will include serving sandwiches, salads, burgers, and appetizers. The proposed use does not jeopardize or adversely affect the character of the area and would provide for convenience and expanded service for the restaurant's patrons, and would allow the restaurant to be more competitive with other establishments in the area. The Police Department reviewed the proposal and approves the project subject to conditions prohibiting the sale of alcohol between the hours of 2 a.m. and 6 a.m. (PD -8). LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on September 25, 2010, and mailed to the property owners within the required 600 -foot radius. ENVIRONMENTAL DETERMINATION 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). The requested Minor Conditional Use Permit 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, the Paseo del Sol Specific Plan (SP -4), and the General Plan. FINDINGS Conditional Use Permit (Development Code Section 17.04.010.E) The proposed conditional use is consistent with the General Plan and the Development Code. The proposed use is conditionally permitted in the SP -4 zoning district The proposed use is consistent with the City of Temecula General Plan which specifies that the Community Commercial (CC) designation includes service oriented business activities including restaurants. The site is properly constructed 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. 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 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. 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. 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 the Development Code, General Plan, Fire Code, and Building 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 California Department of Alcoholic Beverage Control has also reviewed and commented on the project. 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 will be based on substantial evidence in view of the record as a whole before the Planning Commission. ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Statement of Operations Statement of Justification Notice of Public Hearing AMEN= NNa\ PC RESOLUTION NO. 10- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10 -0277, A CONDITIONAL USE PERMIT TO AUTHORIZE THE SPORTS PAGE PUB AND GRILL TO SELL WINE, BEER, AND DISTILLED SPIRITS FOR ON -SITE CONSUMPTION (TYPE -47 ABC LICENSE) FROM AN EXISTING BUILDING LOCATED AT 32240 TEMECULA PARKWAY, SUITES 102 AND 103 (APN 959- 390 -004) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On September 15, 2010, Chris Trimble filed Planning Application No. PA10 -0277, 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 October 6, 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. PA10 -0277 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 17.04.010.E) A. The proposed use is in conformance with the General Plan and Development Code; The proposed use is conditionally permitted in the SP -4 zoning district. The proposed use is consistent with the City of Temecula General Plan which specifies that the Community Commercial (CC) designation includes service oriented business activities including restaurants. 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 the Development Code, General Plan, Fire Code, and Building 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 California Department of Alcoholic Beverage Control has also reviewed and commented on the project. 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 before the Planning Commission. 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, the Paseo del Sol Specific Plan (SP -4), and the General Plan, Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA10 -0277, a Conditional Use Permit for the incidental sale of alcohol at The Sports Page Pub and Grill located at 32240 Temecula Parkway, Suites 102 and 103, 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 6th day of October, 2010. ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA )ss Carl Carey, Chairman I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 10- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 6th day of October 2010, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary Planning Application No.: PA10 -0277 Project Description: Assessor's Parcel No.: 959- 390 -004 MSHCP Category: DIF Category: TUMF Category: Approval Date: Expiration Date: October 6, 2012 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL -1. General Requirements EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL A Conditional Use Permit to authorize The Sports Page Pub & Grill to sell wine, beer, and distilled spirits for on -site consumption (Type -47 ABC license) from an existing building located 32240 Temecula Parkway, Suites 102 and 103 Exempt (Conditional Use Permit for alcohol sales within an existing building; no new construction) Exempt (Conditional Use Permit for alcohol sales within an existing building; no new construction) Exempt (Conditional Use Permit for alcohol sales within an existing building; no new construction) October 6, 2010 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 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. PD -1. 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 Sunday through Thursday from 9 a.m. to midnight and Friday and Saturday from 10 a.m. to 2 a.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. POLICE DEPARTMENT General Requirements 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. Prior to exercising the rights of a Type 47 license, applicant must attend a review board conducted by members of the Temecula Police Department. PD -7. 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 -8. 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 -9. 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 -10. 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). PD -11. 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 -12. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages are trained in the proper procedures and identification checks. The Temecula Police Department provides free training for all employers involved in the service and sales of alcoholic beverages. It is the responsibility of the applicant to set up a training session for all new employees. Contact the Temecula Police Department Crime Prevention and Plans Unit at (951) 695 -2773. PD -13. 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 -14. 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 -15. Any questions regarding these conditions should be directed to Temecula Police Department Crime Prevention office at (951) 695 -2773. Section "1" Statement of Operations We are open 7 days a week and our business hours are — Sunday — Thurs gam — Midnight Friday and Saturday - l0am — 2am Number of Employees —10 Food Served — Sandwiches, Salads, Burgers, Appetizers Alcohol Served — Beer, Wine, and Mixed Drinks Section "J" Statement of Justification We are an established restaurant here in Temecula and have been in business for over a year now. We are a Sports Grill that is looking to upgrade our alcohol license from a beer and wine license to a full alcohol license. We have a great reputation and support the local schools, clubs, sports teams and local charities on a weekly basis. I am excited for this opportunity to upgrade our liquor license as this has been a dream of mine to own my own restaurant and have a full liquor license as well. 1 am an experienced owner operator and I have other restaurants in the area as well. The other restaurants that I own are The Hot Dog Shoppe. I have had the one in Temecula open for almost 3 years now with Murrieta, Menifee, Wildomar and Corona opening in the upcoming months. The Hot Dog Shoppe sponsors the City of Temecula Hot Dog eating contest every year and Ronald Reagan Sports park where Thousands of spectators come out to watch on the 4th of July. Our location is set back in the Home Depot Shopping area off of Temecula Parkway and Meadows Parkway. We have a wonderful restaurant with over 2500 sq feet of dining area with over 10 televisions for our customers to watch there favorite game. We serve over 15 different types of Hamburgers, 6 different types of Salads, 6 different types of Sandwiches, and lots of appetizers such as chicken wings, mozzarella cheese sticks, quesadillas etc... Upgrading our liquor license will not in anyway have a substantial adverse effect on traffic or in the center. Nor would it have any adverse impact on the general welfare of persons residing in the community. Please feel free to call me to discuss any questions you may have for me. Thank Yo Chris ble 562 -225 -9945 Case No: Applicant: Proposal: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below PA10 -0277 The Sports Page Pub & Grill; Chris Trimble A Conditional Use Permit to authorize The Sports Page Pub & Grill to sell wine, beer, and distilled spirits (Type -47 ABC license) from an existing builidng located at 32240 Temecula Parkway, Suite 102 & 103 In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA Section 15301, Class 1, Existing Facilities Stuart Fisk, (951) 506 -5159 City of Temecula, Council Chambers October 6, 2010 6:00 p.m. Any person may submit written comments to the Planning Commission before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of the hearing. Any petition for judicial review of a decision of the Planning Commission shall be filed within the time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission, shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. The proposed project application may be viewed at the City of Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner at (951) 506 -5159.