Commission Members

Mike Barron – Chairperson Mike Brittingham – Vice-Chairperson John Keith – Commissioner Dan Rush - Commissioner

City of Calimesa SPECIAL MEETING OF THE PLANNING COMMISSION

AGENDA Monday, January 27, 2014

6:00 P.M. Norton Younglove Multi-Purpose Senior Center

908 Park Avenue, Calimesa, CA 92320 CALL TO ORDER: 6:00 p.m. ROLL CALL: Chair Barron, Vice-Chair Brittingham, Commissioner Keith, and

Commissioner Rush STAFF: Mathew Evans, Community Development Director PLEDGE OF ALLEGIANCE REORGANIZATION OF THE PLANNING COMMISSION: Pursuant to Section 2.20.030 of the Calimesa Municipal Code, the Commission is required to meet annually to choose one of its members as Chairperson and another of its members as Vice Chairperson. Staff recommends the following:

a. That the Community Development Director open nominations for Chairperson. b. That the new Chairperson open nominations for Vice-Chairperson. PUBLIC COMMENTS Anyone wishing to address the Commission on any item that is not on the agenda may do so at this time. This is not a time for Commission comment or action, but the Commission may ask questions for clarification or make a referral to staff for factual information to be reported back to the Commission at a later meeting. APPROVAL OF MINUTES: Item 1. Approve the Minutes of the December 9, 2013 Regular Commission Meeting. RECOMMENDATION: That the Planning Commission approve the action minutes

from the December 9, 2013 meeting.

Commission Members

Mike Barron – Chairperson Mike Brittingham – Vice-Chairperson John Keith – Commissioner Dan Rush - Commissioner

PUBLIC HEARING: Item 2: CONDITIONAL USE PERMIT 13-02 (CUP 13-02): Kafé Royale Restaurant is

requesting approval of a conditional use permit for a new Type 41Liquor License for the purpose of allowing for the sale of beer and wine for on-site consumption at the existing restaurant. The proposed project is located at 1007 Calimesa Boulevard, Suite K (APN 411-120-025). The project qualifies for a categorical exemption under Section 15315, pursuant to the State Guidelines for implementation of the California Environmental Quality Act.

RECOMMENDATION: That the Planning Commission adopt Resolution 2014-01

approving Conditional Use Permit 13-02. COMMISSIONERS’ REPORTS AND COMMENTS: This is the time for additional general comments, announcements, reports on meetings attended, requests of staff, and other issues of concern to Commissioners which may be presented briefly at this time. The Commission may not legally take action on any item presented at this time other than to request staff to investigate a complaint or place an item on a future agenda. ADJOURNMENT: Adjourn to the Regular Planning Commission meeting of Monday, February 10, 2014, at 6:00 p.m. at the Norton Younglove Multipurpose Senior Center, located at 908 Park Avenue.

City of Calimesa Minutes of the Regular Meeting of the

Planning Commission Monday, November 25, 2013

CALL TO ORDER: The meeting was called to order at 6:00 p.m. by Chair Barron. ROLL CALL: Commissioners Present: Chair Barron, Vice-Chair Brittingham, Commissioner Keith, and

Commissioner Rush Staff Present: Mat Evans, Community Development Director PLEDGE OF ALLEGIANCE PUBLIC COMMENT: None. APPROVAL OF MINUTES: Item 1: Action Minutes from the November 25, 2013 Special Planning Commission Meeting ACTION: Chair Barron moved to approve the minutes with a minor change to the staff present listed,

and the motion was seconded by Commissioner Keith. Motion passed 4-0. PUBLIC HEARING: Item 2: CONDITIONAL USE PERMIT 13-01: Approval of Conditional Use Permit (CUP) 13-01 for

the expansion of an existing liquor license for Rumors Bar, allowing for the physical expansion of the bar, allowing live entertainment, and expanding the liquor license from a Type 42 (beer and wine for on-site consumption) to a Type 48 license (beer, wine, spirits for on-site consumption).

ACTION: Community Development Director Evans presented the project and summarized the staff

report. Chair Barron opened the public hearing. Marla Green, the applicant, said the bar had been in use since 1995 with live entertainment.

She said she usually had a live band once a month, classic rock or country music only, and open-mike on Fridays and Saturdays. She said she would like to provide outdoor entertainment within the fence area in the Spring and Summer, specifically for their anniversary, Independence Day, and Halloween.

Chair Barron closed the public hearing.

Chair Barron moved to approve Resolution 2013-06 for Conditional Use Permit 13-01, and Vice-Chair Brittingham seconded the motion. Motion passed 4-0.

City of Calimesa Planning Commission Action Minutes of December 9, 2013

Page No. 2

COMMISSION MEMBERS REPORT AND COMMENTS: Commissioner Keith - No comment. Commissioner Rush - He said he was happy to see Rumors expand and that it would be good

for the downtown. Vice-Chair Brittingham - No comment. Chair Barron - No comment. ADJOURNMENT: The Planning Commission meeting was adjourned at 6:27 p.m. to the Regular Meeting of December 8, 2013 at the Norton Younglove Multipurpose Senior Center, located at 908 Park Avenue. Respectfully submitted, Shannon Andrews Management Analyst

STAFF REPORT

CITY OF CALIMESA PLANNING COMMISSION MEETING

SUBJECT: A public hearing to consider the approval of Conditional Use Permit

13-02, for a new Type 41 liquor license (beer & wine for on-site consumption)

APPLICANT: Charles E. Meek Jr. on behalf of Kafé Royale Restaurant LOCATION: 1007 Calimesa Boulevard, Suite K – Downtown Village Commercial

(DVC) Zone District (APN 411-221-002) MEETING DATE: January 27, 2014 PREPARED BY: Mathew W. Evans, Community Development Director __________________________________________________________________________ RECOMMENDATION: Staff recommends that the Planning Commission hold a public hearing, take testimony and close the public hearing, and adopt Resolution 2014-01 for approval of Conditional Use Permit (CUP) 13-02 for a new Type 41 (beer and wine for on-site consumption) for Kafé Royale Restaurant located at 1007 Calimesa Boulevard, Suite K. __________________________________________________________________________ BACKGROUND: Kafé Royale (originally the “Royale” Restaurant) is a long-established diner in the Crown Royale Plaza located at 1007 Calimesa Boulevard in the Downtown Village Commercial District. Historically, the restaurant served breakfast and lunch and was not open during dinnertime hours. Recently, the restaurant decided to open for dinner with a barbecue menu. The owners also invested in a new smoker for the preparation of the barbecue offerings. With the decision to stay open during dinner hours, the owners have also decided t to offer beer and wine options on the menu. The Type 41 California Department of Alcoholic Beverage Control (ABC) license allows for the serving of beer and wine for on-site consumption. __________________________________________________________________________ DISCUSSION: The Type 41 beer and wine for on-site consumption permit from the ABC requires the need for a CUP. The restaurant is located within the Downtown Business District’s (DBD) Down-town Village Commercial (DVC) Zoning District. Table 18.39.080 in Section 18.39.080 of the Calimesa Municipal Code requires that any establishment seeking an ABC license is a Conditional Use within the DVC district. Thus, the code addresses what the applicant is

Conditional Use Permit 13-02 Planning Commission Meeting of January 27, 2014 Page 2 requesting. ABC requires agency approval first before issuing a Type 41 license to any establishment. The applicant is not proposing any outdoor seating, and therefore no alcoholic beverages will be served outside of the existing building. Type 41 License Requirements A Type 41 liquor license is required for bars that serve alcoholic beverages limited to include beer and wine only. The Type 41 license is permitted exclusively for sale of on-site consump-tion in relation to a stand-alone establishment. The applicant proposes no live entertainment or outdoor seating; as such, findings or additional conditions for those additional uses will not be necessary with this permit. Should the applicant propose to add either at a later date, a new CUP will be necessary. Alcoholic Beverage Sales and Public Convenience and Necessity (PCN) Finding Table 18.39.080 of the Municipal Code (DVC Permitted Uses) regulates the sale of alcoholic beverages for any establishment that serves alcoholic beverages. The applicant is requesting approval for on-site consumption of beer and wine exclusively. This license does not allow the applicants to sell alcohol for off-site consumption, meaning a customer could not order a bottle of beer or wine to go. A Public Convenience or Necessity (PCN) letter is required due to the saturation of the Calime-sa census tract. This has also been the case with other, more recent approvals over the past six years in the DBD area (e.g., nearby Thai Chili Restaurant, Tang’s Restaurant, and the recent expansion of Rumor’s Sports Bar). Findings for the PCN letter are found within Resolution 2014-01 (Attachment A), which also sets forth the findings required to approve the CUP and the conditions of approval to ensure compliance with the Municipal Code. Location and Setting Kafé Royale is located within the Crown Village Shopping Center nearest to Calimesa Boulevard and Avenue K. The restaurant is located in the northeast corner of the building behind the clock tower, which is also the location of the animatronic glockenspiel show. The property is located within the DVC District and is not located directly adjacent to any residen-tial structures. Parking areas are accessible in front of the clock tower and directly in back of the restaurant. There is also an open air courtyard area directly in front of the restaurant where the walk-ways from the parking lot lead to. The courtyard is paved and holds a decorative fountain. There is no seating in the courtyard area. Interior Layout Attached is an existing layout of restaurant (Attachment B). The setting is mostly that of fixed booths on one side of the restaurant; the other dining room portion of the restaurant has movable tables and chairs. At this time, the proposal is to keep all alcoholic beverages in the kitchen area. Future plans by the owner include a preparation area within the dining room, including a behind-the-counter refrigerator and taps for keg beer.

Conditional Use Permit 13-02 Planning Commission Meeting of January 27, 2014 Page 3 Signage All exterior signage is existing and any new signage would be subject to Code Section 18.50 of the Municipal Code. Access and Parking Access to the property is achieved from Calimesa Boulevard. Parking is available in the front of the restaurant (front sides of the clock tower) and the rear of the restaurant (rear parking lot). The front entrance to the restaurant is located in a courtyard area directly behind the Crown Royal Plaza clock tower. There is no seating in the courtyard area at this time. Future seating may be achievable by the owners, but, as a condition of approval, no alcoholic beverages will be allowed to be served in this area due to the fact that owners cannot control the public access to this area. __________________________________________________________________________ ENVIRONMENTAL ANALYSIS: This project is "Categorically Exempt" under Section 15315 of the Guidelines for the Califor-nia Environmental Quality Act. It conforms to the General Plan and zoning standards with no variances or exemptions, and it has not been part of a previous subdivision in the past two years. __________________________________________________________________________ FISCAL IMPACT: None. __________________________________________________________________________ ATTACHMENTS: A: Resolution No. 2014-01 B: Vicinity Map and Floor Plan

RESOLUTION NO. 2014-01

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CALIMESA APPROVING CONDITIONAL USE PERMIT 13-02 AND MAKING A PUBLIC CONVENIENCE OR NECESSITY FINDING TO ALLOW FOR A NEW TYPE 41 LIQUOR LICENSE TO ALLOW FOR THE SALE OF BEER AND WINE FOR ON-SITE CONSUMPTION FOR KAFÉ ROYALE RESTAURANT LOCATED AT 1007 CALIMESA BOULEVARD, SUITE K, SUBJECT TO CONDITIONS OF APPROVAL, AS SET FORTH IN EXHIBIT A OF THIS RESOLUTION

WHEREAS, Charles E. Meek Jr. on behalf of Kafé Royale Restaurant (the "Applicant") has requested a Conditional Use Permit and Public Convenience or Necessity (PCN) Findings for the purpose of a new Type 41 liquor license to allow for the sale of beer and wine for on-site-consumption for the existing Kafé Royale Restaurant establishment located at 1007 Calimesa Blvd., Suite K;

WHEREAS, the Department of Alcoholic Beverage Control (ABC) has deemed Calimesa’s Census Tract (Tract Number 0438.02) “over-concentrated” in that no more than four (4) on-site sales ABC licenses are allowed, and at least five (5) on-site sales - ABC Type 41 and one Type 47 licenses exist within the City of Calimesa;

WHEREAS, Kafé Royale Restaurant is a long-established restaurant within the City of Calimesa that serves breakfast and lunch, and has now expanded its menu and is open during dinner hours;

WHEREAS, Kafé Royale Restaurant is located within the City’s Downtown Business

District Zone, more specifically the Downtown Village Commercial (DVC) Zone; WHEREAS, restaurant establishments that serve alcohol are a conditional use within

the DVC; WHEREAS, most of the restaurants within the city that are open during dinner hours

often serve beer and wine; WHEREAS, Census Tract 0438.02 encompasses most, if not all, of Calimesa’s primary

commercial corridor along Calimesa Boulevard, which runs perpendicular with Interstate 10;

WHEREAS, the establishment is compliant with the General Plan, current and proposed zoning ordinances and location requirements, as well as other zoning standards; WHEREAS, the restaurant is not located directly adjacent to single-family residential areas, schools, or churches, and is a well-established restaurant that will not have an adverse effect on adjacent land uses;

Planning Commission Resolution 2014-01 Page 2

WHEREAS, the existing restaurant’s beer and wine license will not result in an excessive number of similar establishments in close proximity due to the fact that there are few restaurants nearby;

WHEREAS, the City wishes to encourage its residents and visitors to patronize local

businesses and restaurants within the city, and allowing the applicant to serve beer and wine with the new dinner menu will offer diners additional beverage options;

WHEREAS, on April 7, 2008, the Calimesa City Council adopted Resolution No. 2008-

17, which established a policy for evaluating requests for a finding of PCN and gives the Planning Commission the authority to issue PCNs for proposals that require discretionary approvals;

WHEREAS, on January 27, 2014, the Planning Commission held a duly noticed public

hearing to consider the applications for the Project and, following the receipt of all testimony, closed the public hearing; and

WHEREAS, the project is "Categorically Exempt" under Section 15315 of the

Guidelines for the California Environmental Quality Act. It conforms to the General Plan and zoning standards with no variances or exemptions, and it has not been part of a previous subdivision in the past two years.

NOW, THEREFORE, the Planning Commission of the City of Calimesa does hereby find, determine and resolve as follows:

Section 1. The Planning Commission finds that the recitals contained in this Resolution and the information contained in the attached exhibits are true and correct.

Section 2

. Pursuant to the required findings for a Conditional Use Permit, the Planning Commission finds as follows:

a. The proposed use is conditionally permitted within the subject land use district and complies with all of the applicable provisions of this Development Code.

Facts: The existing restaurant is located in the Downtown Business District land use designation, which allows for commercial activities, such as retail stores, restaurants, and bars.

b. The proposed uses would not impair the integrity and character of the land use

district in which it is to be located.

Facts: The existing establishment is located within the DVC zone designation that allows establishments that serve alcohol.

c. The subject site is physically suitable for the type and intensity of land use being

proposed.

Planning Commission Resolution 2014-01 Page 3

Facts: The existing establishment is located in a shopping center where one other sit-down restaurant that serves beer and wine is located. The restaurant is near but not adjacent to residential areas.

d. The proposed use is compatible with the land uses presently on the subject

property.

Facts: The surrounding uses are retail commercial uses and restaurants and the existing establishment is located on a collector street.

e. The proposed use would be compatible with existing and future land uses within the

general area in which the proposed use is to be located.

Facts: The project is located in the DVC zone and is consistent with the Downtown Business District designation and is therefore compatible with existing and future land uses.

f. The proposed use is compatible in scale, mass, coverage, density, and intensity with

all adjacent land uses.

Facts: The restaurant is located within an existing shopping center building that is compatible in size, scale and mass, coverage, density and intensity with surrounding structures.

g. There are adequate provisions for water, sanitation, and public utilities and services

to ensure that the proposed use would not be detrimental to public health and safety.

Facts: The existing establishment is currently connected to all public utilities, both wet and dry.

h. There will be adequate provisions for public access to serve the subject proposal.

Facts: The existing restaurant is located on Calimesa Boulevard, which is a collector street within the city.

i. The proposed use is consistent with the General Plan.

Facts: The existing establishment is a business envisioned within the General Plan designation for this location, and is a use expressively allowed within the designation.

j. There will not be significant adverse effects upon environmental quality and natural

resources.

Facts: The restaurant is an existing establishment. No new building materials are proposed or necessary. Internal changes to the building may be envisioned in the future, and a building permit will be necessary for those changes.

Planning Commission Resolution 2014-01 Page 4

k. The negative impacts of the proposed use are mitigated.

Facts: Because the restaurant is an existing establishment, there will be limited or no adverse or negative impacts to the environment or the surrounding sites. The fact that the restaurant is within a relatively short walking distance to the city’s core neighborhood encourages patrons to walk rather than drive.

l. The proposed location, size, design, and operating characteristics of the proposed

use would not be detrimental to the public interests, health, safety, convenience or welfare of the city.

Facts: The project is consistent with the General Plan Goals and Objectives, which includes creating a diverse community with integrated land uses; preservation of sensitive environmental resources; and promotion of a jobs-housing balance. These Goals and Objectives are intended to serve the public interests, health, safety, and convenience or welfare of the city.

Section 3

. The Planning Commission further finds as follows:

m. Alcohol sales for on-site consumption within other restaurants exist at this general location, and the addition of another license for beer and wine for on-site consumption will have a minimal impact on the surrounding uses.

n. The existing restaurant is a well-established business within the city, and the

location is ideal due to its proximity to other existing restaurants, and the fact that it is not located adjacent to residential neighborhoods, but is within a reasonable walking distance to the city’s housing core.

o. There is a PCN associated with alcohol sales at this location due to its location

along the heart of Calimesa’s downtown commercial district and the fact the City lacks restaurant uses within its downtown area, and the City wishes to encourage citizens and visitors to come into this area of town, especially during evening hours.

p. The proposal is consistent with the provisions for public access to serve the subject

site. Section 4. The project site is located within the Downtown Business District land use

designation of the General Plan, which provides for the development of commercial buildings and uses. With implementation of the conditions of approval contained in Exhibit A of this resolution, the proposed project would be consistent with the objectives, policies, land uses, and programs specified in the adopted Calimesa General Plan and the Calimesa Municipal Code, as applicable.

Section 5. The project site is located within the current zone designation of

Downtown Business District, and within the DVC Zoning District, which provides and allows for establishments that serve alcohol as a conditional use. As conditioned, the proposed restaurant will not have outside seating in the courtyard area in front of the restaurant as there is little control of public access to the area.

Planning Commission Resolution 2014-01 Page 5

Section 6. Based on the findings contained in Sections 1 through 6 of this Resolution, the Planning Commission hereby adopts Resolution No. 2014-01 approving Conditional Use Permit 13-02 and making a PCN finding in order to allow for the new Type 41 ABC license for the sale of beer and wine for on-site consumption for the Kafé Royale Restaurant located at 1007 Calimesa Boulevard, Suite K. APPROVED AND ADOPTED, this 27th day of January, 2014. Mike Baron, Chairman ATTEST: I, Mathew Evans, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Calimesa, California; that Resolution 2014-01 was duly passed and adopted at a meeting of the Calimesa Planning Commission, held on the 27th day of January, 2014. Mathew Evans, Secretary to the Planning Commission

EXHIBIT A

CONDITIONAL USE PERMIT 13-02

PLANNING COMMISSION RESOLUTION 2014-01 CONDITIONS OF APPROVAL

GENERAL 1. Expiration: The Conditional Use Permit shall be used within one (1) year from the date of

permit approval; otherwise, the permit shall be null and void unless extended as provided for in Section 12.10.05(i) of the Calimesa Municipal Code. Furthermore, any lapse of the Conditional Use Permit for more than one (1) year shall make the permit null and void.

2. Details shown on the plans are not necessarily approved. All details must be consistent

with City ordinances, other applicable regulations, or these conditions of approval. Notwithstanding this requirement, the proposed project shall substantially conform to the approved plans on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development and City Engineer may approve minor modifications to plans during plan check if such modifications are consistent with the provisions of the Calimesa Municipal Code, and other applicable regulations.

3. Approval of Conditional Use Permit 13-02 is contingent upon the property owner and applicant

signing and returning to the Community Development Department the "Agreement to Conditions Imposed" form at the end of this exhibit.

4. The applicant agrees to indemnify, protect, defend, and hold harmless the City, and agency

or instrumentality thereof, and its elected and appointed officials, officers, employees and agents, from and against any and all liabilities, claims, actions, causes or action, proceeding, suits, damages, judgments, liens, levies, costs, and expenses of whatever nature, including reasonable attorney's fees and disbursements (collectively, "Claims") arising out of or in any way relating to the issuance of the entitlement, any actions taken by the City related to this entitlement and related actions.

5. Hours of operation for the alcohol sales shall be limited to the hours of 11:00 a.m. to 8:00

p.m. throughout the week. 6. Live entertainment is not a part of this approval and shall require separate review and

approval by the Community Development Director if proposed in the future. 7. Any proposed substantial change in use from a “sit-down restaurant,” any physical

expansion of the restaurant, or any proposed change to the Type 41 ABC license will require modification of this Conditional Use Permit and a new public hearing.

8. Signage within the exterior of the building advertising the sale of alcohol shall be prohibited. 9. All alcohol shall be consumed on-site and shall be prohibited from being sold “to go.” 10. Alcohol shall be served indoors only; no service of beer or wine shall be permitted in any

outdoor seating area.

Exhibit A Resolution 2014-01 for CUP 13-02 Page 2 11. The Conditional Use Permit shall run with the land and shall continue to be valid upon a

change of ownership of the site or restaurant, so long as the use as a “sit-down” restaurant does not change.

12. The Conditional Use Permit shall become null and void in the event that the ABC revokes

the Type 41 liquor license, for any reason deemed valid by said agency. 13. Any fees due to the City of Calimesa for processing this project shall be paid to the City

within thirty (30) calendar days of final action by the approval authority. Failure to pay such outstanding fees within the time limits specified shall invalidate any approval granted. No permits, site work, or other actions authorized by this action shall be processed by the City, nor permitted, authorized, or commenced until all outstanding processing fees are paid to the City.

Acknowledgement and Agreement to Conditions of Approval As the Property Owner and Applicants(s) I (we) do hereby acknowledge that these Conditions of Approval have been read, fully understood and are hereby accepted. ______________________________ ______________________________ Applicant Signature Date ______________________________ ______________________________ Property Owner Date