HomeMy WebLinkAbout12-003 PC Resolution ,
PC RESOLUTION NO. 12-03
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA11-0270, A MINOR CONDITIONAL
USE PERMIT TO ALLOW A NEW RESTAURANT� �
(FISHMONGER'S) TO OBTAIN A TYPE 47 ABC LICEIV3E
AND PROVIDE LIVE ENTERTAINMENT LOCATED AT
31045 TEMECULA PARKWAY (APN 961-410-029),�
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On October 24, 2011, Mardelouis Hawthorne filed Planning Application
No. PA11-0270, a 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 January 18, 2012, at a duly noticed public
hearing as prescr,'rbed by law, at which time the City staff and interested persons had an
opportunity to anid did testify either in support or in opposition to this matter.
D. At the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission approved Planning Application
No. PA11-0270 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:
Minor Conditional Use Permit, Development Code Section 17.04.010
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 use will allow an existing restaurant to upgrade its liquor license from a Type
41 to a Type 47. No operational changes to the restaurant are proposed. Per
the City of Temecu/a Development Code (Table 17.08.030), alcoholic beverage
sales af restaurants, excluding beer and wine, require the approval of a Minor
Conditional Use Permit. In addition, the proposed live enfertainment is typical of
restaurants and will be consistent wifh General Plan and Development Code
policies.
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 application will allow for the upgrade of an existing liquor license.
Restaurants commonly pursue Type 47 Licenses from ABC as a way to offer
their customers a wider selection of beverage choices. In addition, the proposed
live entertainment is typical of restaurants. Therefore, the use will be cornpatib/e
with the nature, condition and development of the adjacenf 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 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 application will allow for the upgrade of an existing liquor license and live
entertainment. The site will remain 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.
D. The nature of the proposed conditional use is not detrimental to the health,
safety and general welfare of the community;
The project meets all requirements of Development Code and General Plan
which provided safeguards for the health, safety and genera/ welfare of the
community. Therefore, the project is not anticipated to be detrimenta/ to the
health, safety and general welfare of the community.
E. That the decision to 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 conditionally approve the application for the conditional is 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)
The application will allow an existing restaurant to upgrade their liquor license
from a Type 41 to a Type 47 and provide live entertainment. The upgraded
license will allow for the consumption of beer, wine, and distilled spirits. No
modifications are proposed for the existing structure and site p/an. The proposed
live entertainment is typica/ for restaurants and also does not require any
modification to the existing structure or sife plan.
Section 4. Conditions. The Planning Commission of the City of Temecula
approves Planning Application No. PA11-0270, a Minor Conditional Use Permit to allow
a new restaurant to obtain a Type 47 ABC license and provide live entertainment
located at 31045 Temecula, 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 18th day of January, 2012.
�
Ron Guerriero, Chairman
ATTEST:
Patrick Richardson, Secretary
[SEAL] „
,:
STATE OF. �-ALIFORNIA )
COUNTY'`C)F RIVERSIDE )ss
CITY OF TEMECULA )
�
I, Patrick Richardson, Secretary of the Temecula Planning Commission, do
hereby certify that the forgoing PC Resolution No. 12-03 was duly and regularly
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the 18th day of January, 2012, by the following vote:
AYES: 4 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Telesio
NOES: 0 PLANNING COMMISSIONERS: None
ABSENT: 0 PLANNING COMMISSIONERS: None
ABSTAIN: 1 PLANNING COMMISSIONERS: Harter
Patrick Richardson, Secretary
EXHIBIT A
FINAL CONDITIONS OF APPROVAL
EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA11-0270
Project Description: A Minor Conditional Use Permit to allow a new restaurant
(Fishmonger's) to obtain a Type 47 ABC license and provide live
entertainment located at 31045 Temecula Parkway
Assessor's Parcel No.: 961-410-029
MSHCP Category: Exempt (No New Square Footage/Grading)
DIF Category: Exempt (No New Square Footage)
TUMF Category: Exempt (No New Square Footage)
Quimby Category: Exempt (No New Square Footage)
Approval Date: January 18, 2012
Expiration Date: January 18, 2014
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 officials,
r
officers, employ,ees, 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 applicant shall paint a three-foot by three-foot section of the building for Planning
Department inspection, prior to commencing painting of the building.
PL-9. The applicant shall comply with their Statement of Operations submitted December 19,
2011, on file with the Planning Department, unless superseded by these Conditions of
Approval.
PL-10. Hours of operation for live entertainment shall be Friday and Saturday from 7 p.m. to 1
a.m. (Added at the January 18, 2012 Planning Commission Public Hearing).
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. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's
Development Code.
PL-13. The City, its Planning Director, Planning Commission, and City Council retain and
reserve the right and jurisdiction to review and modify this Conditional Use Permit
(including the Conditions of Approval) based on changed circumstances. Changed
� circumstances include, but are not limited to, the modification of business, a change in
scope, emphasis, size of nature of the business, and the expansion, alteration,
reconfiguration or change of use. The reservation of right to review any Conditional
Use Permit granted or approved or conditionally approved hereunder by the City, its
Planning Director, Planning Commission and City Council is in addition to, and not in-
lieu of, the right of the City, its Planning Director, Planning Commission, and City
Council to review, revoke or modify any Coriditional 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-14. The existing trash enclosure servicing the restaurnat must have a solid coverto prevent
the comingling of storm water and food waste. Plans for the cover must be reviewed
and approved by the City of Temecula.
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.
OUTSIDE AGENCIES
PL-16. The applicant shall comply with the recommendations set forth in the County of
Riverside Department of Environmental Health's correspondence dated November 9,
2011.
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 shall complywith Temecula Municipal Code Section 9.14.010, Consumption
of Alcoholic Beverages in Public Prohibited.
PD-3. Applicant must complete a LEAD training either given by the Department of Alcoholic
Beverage Control, or an ABC certified equivalent course.
PD-4. Applicant shall ensure that no alcohol is sold to or consumed by any person under the
age of 21.
PD-5. 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, County or City agency.
PD-6. 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). It is the responsibility of the business owner and any
person who serves or sells alcohol to be aware of current laws and regulations
pertaining to alcoholic beverages.
�
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 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-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 premises area includes the parking lot (Sections 24200 (a)
(B&P) and 25601 B&P; 316 PC).
PD-12. Applicant shall 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 employees 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)
506-5132.
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 oranysexual
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. The Temecula Police Department crime prevention unit offers free training in ABC
regulations and procedures. To schedule a training session, contact the Crime
Prevention unit at (951) 506-5132.
PD-15. Any questions regarding these conditions should be directed to the Temecula Police
Department Crime Prevention and Plans Unit at (951) 506-5132.
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