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HomeMy WebLinkAbout102010 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 NOTICE TO THE PUBLIC TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE OCTOBER 20, 2010 — 6:00 PM Earlene Bundy Commissioner Kight Carey, Guerriero, Harter, Kight, and Telesio CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of October 6, 2010 1 Next in Order: Resolution: 10 -18 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. 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.. 2 Director's Hearing Summary Report RECOMMENDATION: 2.1 Receive and File Director's Hearing Summary Report 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. 3 Planning Application No. 10 -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 located at 40705 Winchester Road, Eric Jones RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION 10- 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 40705 WINCHESTER ROAD (APN 910 - 290 -019) REPORTS FROM COMMISSIONERS PLANNING DIRECTOR REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, November 3, 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 2 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. 3 PRELUDE MUSIC: CALL TO ORDER: Flag Salute: Roll Call: CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 PUBLIC HEARING ITEMS Earlene Bundy ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE OCTOBER 6, 2010 — 6:00 PM Commissioner Harter Carey, Guerriero, Harter, Kight, and Telesio RECOMMENDATION: 2.1 Adopt a resolution entitled: PC RESOLUTION NO. 10 -17 1 Next in Order: Resolution: 10 -17 Approve the Minutes of September 15, 2010 APPROVED 4- 0 -0 -1, MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER KIGHT; VOICE VOTE REFLECTED APPROVAL, HARTER ABSTAINED 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 APPROVED 5 -0, MOTION BY COMMISSIONER KIGHT, SECOND BY COMMISSIONER TELESIO; VOICE VOTE REFLECTED UNANIMOUS APPROVAL 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. Carl Carey Chairman 2 Patrick Richardson Director of Planning and Redevelopment Date Case No. Proposal Applicant Action September 9, 2010 PA09 -0061 A Development Plan and Conditional Use Permit to construct and operate an 8,264 square foot religious facility on 3.15 acres with Very Low Residential (VL) zoning located at 31640 Calle Girasol Joseph Van Haaster APPROVED September 16, 2010 PA09 -0075 A Conditional Use Permit for the operation of a truck rental facility located at 28781 Old Town Front Street David Phares APPROVED September 16, 2010 PA10 -0104 PA10 -0212 A Development Plan to construct a 1,962 square foot secondary recreation center including a pool on 1.2 acres, and a Minor Exception to reduce the front yard setback from 25 feet to 21.25 feet located at 42790 Sunny Meadows Drive Russell Rumansoff Lennar Homes APPROVED September 23, 2010 PA10 -0234 A Minor Conditional Use Permit to operate a truck rental and leasing facility from an existing building located at 42188 Winchester Road Lewis Kaplan K/G Architects APPROVED TO: Planning Commission FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: October 20, 2010 SUBJECT: Director's Hearing Summary Report Planning Director's Agenda items for September, 2010 Attachment: Action Agendas CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM ACTION AGENDAS 2 PUBLIC COMMENTS Item No. 1 1:30 p.m. ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING September 9, 2010 1:30 P.M. TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: Patrick Richardson, Planning Director A total of 15 minutes is provided so members of the public can address the Planning Director on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Planning Director about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Planning Director. When you are called to speak, please come forward and state your name and address. Project Number: PA09 -0061 Project Type: Development Plan /Conditional Use Permit Project Title: Jehovah Witness Hall Applicant: Joseph Van Haaster Project Description: A Development Plan with Conditional Use Permit to construct and operate an 8,264 square foot religious facility on 3.15 acres with Very Low Residential (VL) zoning Location: Northeast corner of Calle Girasol and Aussie Avenue at 31640 Calle Girasol Environmental Action: Mitigated Negative Declaration will be adopted in accordance with CEQA Section 15070 Project Planner: Eric Jones ACTION: APPROVED R: \Directors Hearing\Agendas\2010 \09 -09 -10 Action Agenda.doc CALL TO ORDER: PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Planning Director on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Planning Director about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Planning Director. When you are called to speak, please come forward and state your name and address. Item No. 1 1:30 p.m. Project Number: Project Type: Project Title: Applicant: Project Description: Location: Environmental Action: Project Planner: ACTION: Item No. 2 Project Number: Project Type: Project Title: Applicant: Project Description: Location: Environmental Action: Project Planner: ACTION: ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING September 16, 2010 1:30 P.M. TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 Patrick Richardson, Planning Director R: \Directors Hearing\Agendas\2010 \09 -16 -10 Action Agenda.doc PA08 -0075 Conditional Use Permit Temecula Moving and Auto David Phares A Conditional Use Permit for the operation of a truck rental facility Southwest corner of Old Town Front Street and Santiago Road at 28781 Old Town Front Street Exempt per CEQA Section 15301, Class 1 Existing Facilities Eric Jones APPROVED PA10 -0104 and PA10 -0212 Development Plan /Minor Exception Paseo del Sol Secondary Recreation Center Russell Rumansoff, Lennar Homes A Development Plan to construct a 1,962 square foot secondary recreation center including a pool on 1.2 acres, and a Minor Exception to reduce the front yard setback from 25 feet to 21.25 feet North side of Sunny Meadows Drive at 42790 Sunny Meadows Drive CEQA Section 15162, Subsequent EIRs and Negative Declarations Cheryl Kitzerow /Matt Peters APPROVED CALL TO ORDER: Stuart Fisk, Senior Planner PUBLIC COMMENTS Item No. 1 Project Number: Project Type: Project Title: Applicant: Project Description: Location: Environmental Action: Project Planner: ACTION: 1:30 p.m. ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING September 23, 2010 1:30 P.M. TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 A total of 15 minutes is provided so members of the public can address the Planning Director on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Planning Director about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Planning Director. When you are called to speak, please come forward and state your name and address. R: \Directors Hearing\Agendas\2010 \09 -23 -10 Action Agenda.doc PA10 -0234 Minor Conditional Use Permit Penske Truck Leasing Lewis Kaplan, K/G Architects A Minor Conditional Use Permit to operate a truck rental and leasing facility from an existing building South side of Winchester Road approximately 1,700 feet west of Diaz Road at 42188 Winchester Road Exempt per CEQA Section 15301, Class 1 Existing Facilities Stuart Fisk APPROVED DATE OF MEETING: PREPARED BY: PROJECT SUMMARY: General Plan Designation: Existing Conditions/ Land Use: Lot Area: North: South: East: West: Total Floor Area /Ratio: STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION October 20, 2010 Eric Jones, Case Planner 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 located at 40705 Winchester Road, generally located 1,200 feet east of the Winchester Road and Ynez Road intersection RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15301, Class 1 Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Summer Merhoff, SWH Corporation Community Commercial (CC) Zoning Designation: Community Commercial (CC) Site: Existing Restaurant — Community Commercial (CC) Santa Gertrudis Creek — Open Space (OS) Winchester Road, Existing Commercial — Community Commercial (CC) Existing Commercial — Community Commercial (CC) Existing Commercial — Community Commercial (CC) Existinq /Proposed Min /Max Allowable or Required 1.67 Acres NIA N/A NIA Landscape Area /Coverage: N/A NIA Parking Required /Provided: N/A NIA BACKGROUND SUMMARY On January 11, 2010, Summer Merhoff submitted Planning Application PA10 -0002. The application is designed to allow an existing Mimi's Restaurant to upgrade their liquor license form a Type 41 (On -Sale Beer and Wine — Eating Place) to a Type 47 (On -Sale General — Eating Place). 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 existing Mimi's Restaurant currently holds a Type 41 License. This license allows for the consumption of beer and wine on the premises. Mimi's would like to offer their customers the choice of distilled spirits as part of their menu. As a result the restaurant has applied to upgrade their existing license to a Type 47, which allows restaurants to serve beer, wine and distilled spirits. Under the new license, Mimi's would also like to serve alcohol to customers seated in their existing patio area. The California Department of Alcoholic Beverage Control requires that areas where the sale and /or consumption of alcohol takes place be clearly defined. This is especially important in outdoor situations. The existing patio area for Mimi's is located along the southern elevation and features a rock wall which serves to define the space. This existing wall has two open spaces which allow patrons to walk freely in and out of the patio. The first is located near the main entrance to the facility. The applicant has installed a 36x26 inch steel gate at this entrance. The second opening is located towards the rear of the patio and measure approximately three feet. This opening leads to an established landscape area and is not intended to accommodate pedestrian travel. The applicant has installed 20 inch terra cotta potted plant to block this area. The rod iron gate and the potted plant together serve as a way to more clearly define the patio space. The California Department of Alcoholic Beverage Control has indicated that these barriers are acceptable. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on October 9, 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 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 wall structure. The proposed use, with issuance of the CUP is in conformance with all zoning requirements of the Development Code and the General Plan. FINDINGS Conditional Use Permit (Section 17.04.010.E) The proposed conditional use is consistent with the General Plan and the Development Code. 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. 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 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 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 plant. As a result, the conditional 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 Planning Commission or City Council to integrate the use with other uses in the neighborhood. 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 Development 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 detrimental to the health, safety, and general welfare of the community. 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 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 Notice of Public Hearing • Project Site 0 250 500 1.000 Feet i 1 0 O • er : #4 ti I PA10 -0002 i - - -- OUE131A _d 1 i • • EXISTING - OUTDOOR PATIO • PROJECT LOCATION OF CONCERN SITE PLAN SFE DATA GGGGsu APPJCANTS_P ESENIATVE .0 770 71770 CACIE PrAT t :70 AFCHIECT IV 07F 00700 440, 4 " i fl! �C: .a.,TmO SCOPE OF WOPo( INDEX OF DFA VICINITY MAP n a 00T TO 7 cc Q ce O CZ rn W W Q S V W v S H V v Z H (NJ J W O 'T (CO ome AS 1 i EMP1RE� DESIGN GROUP.., PROVIDE 20" DIAMETER TERRACOTTA POT. PLANT MATERIAL PER CITY RECOMMENDATIONS SIGN 00 BE POSTED "PTO ALCOHOL_.., BEYOND THIS POINT ON INSIDE OF r EXISTING 36 - 026 SWING GATE PROJECT LOCATION - - I OF CONCERN EXISTING FLOOR PLAN FASTING EMPIRE I)ESIQN GROUP... - t PC RESOLUTION NO. 10- 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 40705 WINCHESTER ROAD (APN 910 - 290 -019) 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 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. 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 plant. As a result, the conditional 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 Planning 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 Development 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 detrimental to the health, safety, and general welfare of the community. 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 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 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 wall structure. The proposed use, with issuance of the CUP is in conformance with all 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 40705 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. 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 20 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 -0002 Project Description: 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 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)). General Requirements EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL 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 40705 Winchester Road, generally located 1,200 feet east of the Winchester Road and Ynez Road intersection 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 instrumentalitythereof, 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 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 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. 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 the 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. — 11 p.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. 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. 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). 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 buythem 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 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 -7. Licensees may not sell, give, or deliver alcohol (bythe drink or bythe 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 anytime 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. CC_,NTY OF RIVERSIDE • COMIC NITY HEALTH AGENCY -7. cs- DEPARTMENT OF ENVIRONMENTAL HEALTH ..•-• ter., _ City of Temecula Ala Planning Department c/o Eric Jones ME LZ NV1 PO BOX 9033 Temecula, CA 92589-9033 a3A1303 21 January 2010 RE: PA10-0002 - The Department of Environmental Health(DEH) has received and reviewed the PA10- 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 Café 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 connected 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, , a / / / Gregor Dellenbach, REHS EHS 100058 Local Enforcement Agency PO..Bos 1280 Rverside;:Cr 92502 1280 1.t9a1) 955-8982 • FAX.(951) 781 9653:•.4080 Lemon Street 4thFloor. Riverside CA 92501 Laic/::Use and Wafer Engineering s%PO'8oz 1206, Riverside;CA 92502 129,6 • F9515-8980 • FAX<7{9511955'8903-• 40S0 Lemon Street 2nd Floor "Rwerside CA 92501 %r?.i Case No: Applicant: Proposal: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below Notice of Public Hearing PA10 -0002 Summer Herhoff 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 40705 Winchester Road, generally located 1,200 feet east of the Winchester Road and Ynez Road intersection 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) Eric Jones, (951) 506 -5115 City of Temecula, Council Chambers October 20, 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 -5115.