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HomeMy WebLinkAbout17-37 PC Resolution PC RESOLUTION NO. 17-37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING A CONDITIONAL USE PERMIT TO ALLOW FOR A TYPE 47 ABC LICENSE (ON- SALE GENERAL BEER/WINE/DISTILLED SPIRITS) AT THE PROPOSED ART GAITAN'S MEXICO CAFE LOCATED APPROXIMATELY 1,300 FEET SOUTH OF THE TEMECULA PARKWAY AND PECHANGA PARKWAY INTERSECTION LOCATED ON THE EAST SIDE OF PECHANGA PARKWAY AT APN 961-440-015 (PA17-1235) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On July 15, 2014, Curtis Lively filed Planning Application No. PA17-1235, a Conditional Use Permit Application and Planning Application No. PA14-0155, a Development Plan Application (collectively, "the Project"), in a manner in accord with the City of Temecula General Plan and Development Code. B. The Planning Commission, considered the Application and environmental review on September 6, 2017, 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. C. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 17-35, adopting a Mitigated Negative Declaration for the Project. Resolution No. 17-35 is hereby incorporated herein by this reference as though set forth in full. D. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Project hereby finds, determines and declares that: Conditional Use Permit, Development Code Section 17.04.010.E A. The proposed conditional use is consistent with the General Plan and the Development Code. Art Gaitan's Mexico Cafe (Gaitan's) will operate as a full-service restaurant with the primary purpose of offering a full menu of food. The proposed conditional use is consistent with the City of Temecula General Plan, which specifies Neighborhood Commercial for this site, and conditionally allows for restaurants to operate with a Type 47 (on-sale general beer/wine/distilled spirits). 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. Gaitan's will operate within a proposed building within the Planned Development Overlay 1 (PDO-1). As conditioned, the proposed conditional use for a Type 47 (on- sale general beer/wine/distilled spirits) is compatible with the nature, condition and development of adjacent uses, buildings and structures because restaurant uses were anticipated within the zoning and General Plan. The proposed conditional use will not adversely affect the adjacent uses, buildings or structures because the surrounding buildings are designed for retail and potential restaurant uses as well. Furthermore, surrounding residential uses are buffered by open space, and a principal arterial (Pechanga Parkway). 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 proposed building shall be constructed in conformance with the Development Code, Building Code, and Fire Code. Therefore, the site for the 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. 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 the requirements of the Development Code, Fire Code and the Building Code, which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental 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 a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Planning Commission. Section 3. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA17-1235, a resolution approving a Conditional Use Permit to allow for a Type 47 ABC license (on-sale general beer/wine/distilled spirits) at the proposed Art Gaitan's Mexico Cafe located approximately 1,300 feet south of the Temecula Parkway and Pechanga Parkway intersection located on the east side of Pechanga Parkway at APN 961-440-0155 subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 6th day of September, 2017. John Telesio, Chairman ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 17-37 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 September 2017, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Guerriero, Telesio, Turley-Trejo, Watts, Youmans NOES: 0 PLANNING COMMISSIONERS None ABSENT: 0 PLANNING COMMISSIONERS None ABSTAIN: 0 PLANNING COMMISSIONERS None Luke Watson Secretary EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA17-1235 Project Description: A Conditional Use Permit to allow for a Type 47 ABC license (on-sale general beer/wine/distilled spirits) at a proposed restaurant located approximately 1,300 feet south of the Temecula Parkway and Pechanga Parkway intersection on the east side of Pechanga Parkway Assessor's Parcel No.: 961-440-015 MSHCP Category: Refer to PA14-0155 DIF Category: Refer to PA14-0155 TUMF Category: Refer to PA14-0155 Quimby Category: N/A(non-residential) New Street In-lieu of Fee: N/A(Not located within the Uptown Temecula Specific Plan) Approval Date: September 6, 2017 Expiration Date: September 6, 2019 PLANNING DIVISION General Requirements 1. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys 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. 2. Expiration. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. Use means 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, or use of a property in conformance with a Conditional Use Permit. 3. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to three extensions of time, one year at a time. 4. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 5. Simage Permits. A separate building permit shall be required for all signage. 6. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment, walls, or other structures. 7. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 8. Bona Fide Eating Place. Type 41 (On Sale Beer and Wine), 47(On Sale General), and 49(On Sale General) licensees must operate and maintain their licensed premises as a bona fide eating place. The on-site sales and consumption of alcohol are an incidental and ancillary use to the restaurant use.A licensee is presumed to be operating as a bona fide eating place if the quarterly gross sales of food prepared and sold to guests on the premises exceeds the gross sales of alcoholic beverages for the same period.The licensee shall at all times maintain records which reflect separately the gross sales of food and the gross sale of alcoholic beverages on the licensed premises. The records shall be kept no less frequently than on a quarterly basis and shall be made available to the City, or its designee, upon demand. A full menu shall be available for order during all hours that alcohol is served. The premises where the licensee operates must possess a full restaurant kitchen facility containing conveniences for cooking such as a working refrigerator and cooking devices. The premises must offer sit down meal service and food menus. "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 with the requirement to provide meals. The premises must comply with all regulations of the health department. 9. Food Service. The bona fide public eating place shall serve a full menu at all hours that alcohol is served. 10. Statement of Operations. The applicant shall comply with their Statement of Operations dated 06/13/17, on file with the Planning Division, unless a conflict exists between the Statement of Operations and these Conditions of Approval, in which case the Conditions of Approval control. 11. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 12. City Review and Modification of CUP. The City, its Director of Community Development, 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 Director of Community Development, Planning Commission and City Council is in addition to, and not in-lieu of, the right of the City, its Director of Community Development, 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. 13. Posting of Local Transportation Providers. 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 at(951) 676-5090. 14. Live Entertainment. Indoor and outdoor live entertainment is strictly prohibited unless a Temporary Use Permit is obtained in accordance with the Temecula Municipal Code or a Conditional Use Permit amendment is obtained in accordance with the Temecula Municipal Code. 15. Noise. All operators, users, and owners shall comply with Chapter 9.20 of the Temecula Municipal Code (Noise). 16. Termination of Alcohol Sales. The last call indicating the termination of the sale of alcohol shall be no less than one half(1/2) hour prior to closing for all nights of operation. POLICE DEPARTMENT General Requirements 17. Type 47 License. The 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. 18. Consumption of Alcoholic Beverages in Public Prohibited. The applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. 19. Ensure No Alcohol Sold or Consumed by Person Under the Age of 21. The applicant shall ensure that no alcohol is sold to or consumed by any person under the age of 21. 20. Identification Verification. 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. 21. Acceptable Forms of Identification. 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. 22. 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. 23. Maintain Premises as a Bona Fide Eating Place. 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, maybe 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). 24. No Alcohol Sales Between 2:00 am and 6:00 am. 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). 25. Inspections. 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). 26. Disorderly House. 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). 27. Employee Training for Identification Checks. The applicant shall ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. The Temecula Police Department provides free training for all employers and 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 Crime Prevention and Plans Unit at(951) 506-5132 to set up a training date. Training must be completed prior to the grand opening of this business and periodic updated training when new employees/ management are hired. 28. Entertainment Rules. 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 her or her genitals or anus (Rule 143.3 CCR. Also violates Section 311.6 PC if conduct is "obscene," e.g. intercourse, sodomy, masturbation, etc.) 29. Under Number of Calls for Service. 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). 30. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at(951) 506-5132.