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Home My WebLink About13-031 PC Resolution PC RESOLUTION NO. 13-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA13-0127, A MINOR CONDITIONAL USE PERMIT FOR OLD TOWN PUB AND GRUB, A BONA FIDE EATING ESTABLISHMENT, TO ALLOW FOR A TYPE 47 ABC LICENSE (ON-SALE GENERAL BEER/WINE/DISTILLED SPIRITS) AND LIVE INDOOR ENTERTAINMENT AT 28677 OLD TOWN FRONT STREET (APN 922-045-033) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On May 16, 2013, Jim Rosa, on behalf of Old Town Pub and Grub filed Planning Application No. PA13-0127, a Minor 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 July 17, 2013, 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 Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA13-0127 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 Permits (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 conditional use will allow a bona fide eating establishment to serve a full alcohol menu and provide live indoor entertainment. These uses are common for restaurants and Old Town Specific Plan contains provisions to allow for them. Therefore, the proposed conditional use is consistent with the General Plan, Old Town Specific 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 Minor Conditional Use Permit will allow a new bona fide eating establishment to obtain a Type-47 alcohol license and provide live indoor entertainment. These are common uses for restaurants and several similar establishments are located within close proximity. Therefore, these conditional uses are compatible with the nature, condition and development of adjacent uses, buildings and structures. The Project is not anticipated to 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 conditional uses will be housed within and existing commercial structure. Therefore the site 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 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 application has been reviewed to ensure compliance with the Municipal, Building, and Fire codes. These codes contain provisions to ensure the public health, safety, and general welfare. No impacts are anticipated. 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 conditionally approve the application for a Conditional Use Permit 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) The Minor Conditional Use Permit will allow a new bona fide eating place to obtain a Type 47 license from the California Department of Alcoholic Beverage Control and provide live musical entertainment for its patrons. These uses are common for restaurants and will not require modifications to the existing structure or site. No impacts are anticipated. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA13-0127, a Minor Conditional Use Permit for Old Town Pub and Grub, a bona fide eating establishment, to allow for a Type 47 ABC license (on-sale general beer/wine/distilled spirits) and live indoor entertainment at 28677 Old Town Front Street, 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 17th day of July, 2013. John Telesio, Chairman ATTEST: Patrick Richardson, Secretary .� �[�c��] - - . , ,.., -- ,� . - , , � STAT'ErOF ��',LIFORNIA ) COUNTY C��r��RIVERSIDE )ss ' `CITY OF TEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 13-31 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 17th day of July, 2013, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Telesio NOES: 0 PLANNING COMMISSIONERS: None � � ABSENT: 1 PLANNING COMMISSIONERS: Kight ABSTAIN: 0 PLANNING COMMISSIONERS: None Patrick Richardson, Secretary I I CONDITIONS OF APPROVAL �I � � EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA13-0127 Project Description: A Minor Conditional Use Permit for Old Town Pub and Grub, a bona fide eating establishment, to allow for a Type 47 ABC license (on- sale general beer/wine/distilled spirits)and live indoor entertainment at 28677 Old Town Front Street Assessor's Parcel No.: 922-045-033 MSHCP Category: N/A (No New Square Footage/Grading) DIF Category: N/A (No New Square Footage) TUMF Category: N/A (No New Square Footage) Quimby Category: N/A (Non-Residential Project) Approval Date: July 17, 2013 � Expiration Date: July 17, 2015 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL-1. The applicanUdeveloper shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Fifty Dollars ($50.00) 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 tfie project granted shall be void by reason of failure of condition (Fish and Wildlife 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, I � 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 a�proval. 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. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 5 (Old Town). PL-7. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL-8. 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-9. The applicant shall comply with their Statement of Operations submitted May 16,2013, 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 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-12. 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-13. Hours of operation for the live indoor entertainment shall be:Wednesday and Thursday 7 p.m. to 10 p.m. and Friday and Saturday 8 p.m. to 12 a.m. PL-14. All live entertainment shall be conducted indoors. PL-15. All live entertainment must adhere to the City of Temecula Noise Ordinance. OUTSIDE AGENCIES PL-16. The applicant shall comply with the recommendations set forth by the County of Riverside Department of Environmental Health. FIRE PREVENTION General Requirements F-1. Maximum occupancy load signs shall be posted within the establishment.The occupant load shall not be exceeded during business hours. F-2. Any extension cords shall be of a commercial type and be in good working condition. Extension cords shall not be subjected to physical damage. Extension cords shall be maintained in good condition without splices,deterioration or damage(CFC Chapter 6). BUILDING AND SAFETY B-1. No stage or platform will be constructed on the premises without the approval of the City of Temecula. B-2. No path of egress or component to the means of egress shall be restricted or obstructed. � POLICE DEPARTMENT I General Requirements PD-1. Applicant has applied for a Type 47 On-Sale, General — Eating Place (Restaurant) license,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 offthe 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 comply with 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. i