HomeMy WebLinkAbout10-018 PC Resolution PC RESOLUTION NO. 10-18 ,
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA10-0002, A MINOR CONDITIONAL
USE PERMIT TO ALLOW MIMI'S CAFE TO UPGRADE
THEIR EXISTING LIQUOR LICENSE FROM A TYPE 41 TO
A TYPE 47 AND INSTALL A SMALL ENTRANCE GATE
TO THE EXISTING OUTDOOR PATIO AREA GENERALLY
LOCATED 1,200 FEET EAST OF THE WINCHESTER
ROAD AND YNEZ ROAD INTERSECTION AT 40825
WINCHESTER ROAD (APN 910-290-018)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On January 11, 2010, Summer Merhoff, filed Planning Application No.
PA10-0002 Conditional Use Permit Application 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 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. PA10-0002
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:
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 conditional use is designed to allow an existing restaurant to
upgrade their existing Type 41 liquor license to a Type 47. This request is
common for restaurant uses and is consistent with the General Plan and
Development Code.
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 has been reviewed and conditioned to ensure it is
compatib/e 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.
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 this Development Code and
required by the Planning Commission or City Council in order to integrate the use with
other uses in the neighborhood;
The proposed conditional use is for the upgrade of an existing restaurant's liquor
license from a Type 41 to a Type 47. This is a common request for restaurants.
The applicant has also closed off openings in the existing patio wall by installing
a steel access gate and terra cotta p/ant. As a resu/t, the condifiona/ use is now
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 P/anning Commission
or Council to integrate the use with other uses in the neighborhood.
D. The nature of the proposed conditional use is not detrimental to the health,
safety and general welfare of the community;
The proposed conditional use will allow an existing restaurant to upgrade their
liquor license from a Type 41 to a Type 47. The proposed project is consistent
with the requirements outlined in the Deve/opment 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. This conditional use has been
reviewed and conditioned to ensure it is not defrimental to the health, safety, and
general welfare of the communify.
E. That the decision to approve, conditionally approve, or deny the
application for a conditional use permit be based on substantial evidence in view of the
record as a whole before the Planning Commission or City Council on appeal;
The decision to approve, conditionally approve or deny the application for a
Conditional Use Permit will be based on substantia/ 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);
The proposed project is for the upgrade of an existing liquor license at an existing
restaurant. No new square footage is proposed as part of the project. Minor
construction for the project will consist of the installation of a small access gate
that will be attached to an existing wal/ structure. The proposed use, with
issuance of the CUP is in conformance wifh al/ zoning requirements of the
Development Code and the General Plan.
Section 4. Conditions. The Planning Commission of the City of Temecula
approves Planning Application No. PA10-0002, a Minor Conditional Use Permit to allow
Mimi's Cafe, located at 40825 Winchester Road, to upgrade their existing liquor license
from a Type 41 to a Type 47 and install a small entrance gate to the existing outdoor
patio area, 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 20 day of October,2010.
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Carl rey, Chairman
ATTEST:
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Patrick Richardson, Secretary .
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I, Patrick Richardson, Secretary of the Temecula Planning Commission, do
hereby certify that the forgoing PC Resolution No. 10-18 was duly and regularly
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the 20 day of October 2010, by the following vote:
AYES: 4 PLANNING COMMISSIONERS: Guerriero, Harter, Kight, Telesio
NOES: 0 PLANNING COMMISSIONERS: None
ABSENT: 0 PLANNING COMMISSIONERS: None
ABSTAIN: 1 PLANNING COMMISSIONERS: Carey
Patrick Richardson, Secretary
EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APP.ROVAL
Planning Application No.: PA10-0002
Project Description: A Minor Conditional Use Permit to allow Mimi's Cafe, to upgrade
their existing liquor license from a Type 41 to a Type 47 and install a
small entrance gate to the existing outdoor patio area located at
40825 Winchester Road, generally located 1,200 feet east of the
Winchester Road and Ynez Road intersection
Assessor's Parcel No.: 910-290-018 �
MSHCP Category: Exempt (No New Square Footage)
DIF Category: Exempt (No New Square Footage)
TUMF Category: Exempt (No New Square Footage)
Approval Date: October 20, 2010
Expiration Date: October 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 pollars
($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
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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 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. The development of the premises shall substantially conform to the approved site plan
and elevations contained on file with the Planning Department.
PL-7. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers,
landscape debris, and waste from entering the storm drain system or from leaving the
property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or
repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters.
Ensure that all materials and products stored outside are protected from rain. Ensure
all trash bins are covered at all times.
PL-8. The Conditions of Approval specified in this resolution, to the extent specific items,
materials, equipment, techniques, finishes or similar matters are specified, shall be
deemed satisfied by staff's prior approval of the use or utilization of an item, material,
equipment, finish or technique that City staff determines to be the substantial
equivalent of that required by the Conditions of Approval. Staff may elect to reject the
request to substitute, in which case the real party in interest may appeal, after payment
of the regular cost of an appeal, the decision to the Planning Commission for its
decision.
MATERIAL COLOR
Steel Fencing Black
Potted Plant Terra Cotta Design
PL-9. The applicant shall comply with their Statement of Operations submitted January 11,
2010, on file with the Planning Department, unless superseded by these Conditions of
ApprovaL .
PL-10. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the
City's Development Code.
PL-11. 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 fo, 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-12. 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, or a certified training program approved by the California
Department of Alcoholic Beverage Control.
PL-13. 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-14. The applicant shall adhere to all requirements stipulated by the State of California
Department of Alcoholic Beverage Control.
PL-15. The developer shall contact the City's franchised solid waste hauler for disposal of
construction and demolition debris. Only the City's franchisee may haul demolition and
construction debris.
PL-16. The applicant shall comply with th'e Public Art Ordinance.
PL-17. Restaurant hours, including the sale of beer wine and distilled spirits, shall be Monday
through Sunday from 7 a.m. —12 a.m.
Prior to Issuance of Building Permit(s)
OUTSIDE AGENCIES
PL-18. The applicant shall comply with the recommendations set forth in the County of
Riverside Department of Environmental Health's transmittal dated January 21, 2010, 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. 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). Military identification cards are not required to have a
physical description.
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 ineals, 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 ineals 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, 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-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.).
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. The applicant must insure that the patio area be fenced and Type 47 have emergency
exit gates with self closing and locking devices on the two gates.
PD-13. Refer any and all questions regarding these conditions to the Crime Prevention and
Plans Officer, (951) 506-6793.
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City of Temecula ----2---,- - . . : ._,..--'���
Planning Department ���� � � ��.��
c/o Eric Jones
PO BOX 9033 � , .� -�
Temecula, CA 92589-9033 �;� � � � � __,� °� � �
21 January 2010
RE: PA10-0002 -
The Department of Environmental Health (DEH) has received and reviewed the PA 10-
0002 (Mimi's Cafe) for the Minor Conditional Permit to permit an upgrade of their
existing liquor license from a Type 41 to a Type 47 of the Mimi's Cafe restaurant located
at 40705 Winchester Road, Temecula, CA under the applicant: SWH Corporation.
The restaurant building located on this Assessor's Parcel Number (APN 910-290-005) is
conrtected to a potable water line and sanitary sewer from an approved purveyor.
Any upgrading of the approximately 30% of the floor space of the existing kitchen which
includes ovens, grills, sinks, blenders, refrigeration systems, microwaves and all other
necessary items for the restaurant's use of the building shall require REHS inspector
compliance by the County of Riverside DEH.
If your have any questions, please do not hesitate to call me at 951.955.8980
Sincerely,
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Gregor Dellenbach, REHS
EHS 100058
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