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HomeMy WebLinkAbout93-047 CC Resolution RESOLUTION NO. 93-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMIECULA APPROVING PA93-0038, MINOR CONDITIONAL USE PERMIT TO CONVERT AN EXISTING TEEN NIGHTCLUB INTO AN ADULT ONLY NIGHTCLUB AND ALLOW THE SELLING AND ON-SITE CONSUMPTION OF ALCOHOL LOCATED AT 28822 FRONT STREET, SUITE 203, PARCEL NUMBER 922-093- 002. WHEREAS, Charles Mitich filed PA93-0038, Minor Conditional Use Permit in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Conditional Use Permit application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Conditional Use Permit on April 5, 1993, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission denied said Conditional Use Permit; V-IHEREAS, the applicant appealed the decision of the Planning Commission to the Temecula City Council. WHEREAS, the City Council considered said Conditional Use Permit on June 8, 1993 at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Council hearing, the Council directed staff to return to the June 22, 1993 meeting with a Resolution of Approval and Conditions of Approval. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findin2s. That the Temecula City Council hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: Resos 93-47 1. The city is proceeding in a timely fashion with the preparation of the general plan.2. The planning agency finds, in approving projects and taking other actions, including theissuance of building permits, each of the following: a. There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. C. The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Conditional Use Permit is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: 1. The city is proceeding in a timely fashion with a preparation of the general plan. 2. The City Council finds, in approving projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: a. There is reasonable probability that PA93-0038, Minor Conditional Use Permit proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. C. The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. Pursuant to City of Temecula Ordinance No. 93-05, which declared a moratorium on the establishment of nightclubs without a Conditional Use Permit, the applicant filed the required Conditional Use Permit application for the approval of the proposed nightclub. Resos 9347 2 a. Pursuant to Section 18.28(e), no Conditional Use Permit may be approved unless the applicant demonstrates the proposed use will not be detrimental to the health safety and welfare of the community, and further, that any Conditional Use Permit approved shall be subject to such conditions as shall be necessary to protect the health, safety and general welfare of the community. E. The City Council, in approving the proposed Conditional Use Permit, makes the following findings, to wit: 1. There is a reasonable probability that PA93-0038, Minor Conditional Use Permit will beconsistent with the City's future General Plan, which will be completed in a reasonable timeand in accordance with State law due to the fact that the project is consistent with existing zoning of General Commercial and the Draft General Plan Land Use designation of Service Commercial. 2.The proposed project is consistent with Ordinance No. 348 since it meets all the requirementsof Ordinance No. 348. 3.The project as designed and conditioned will not adversely affect the public health or general welfare of the community. The project meets the criteria prescribed under Ordinance No. 348, Section 18.28. In addition, the attached Conditions of Approval will assure adequate circulation, access and parking which will facilitate the proposed use. 4. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the present or planned land use of the area. The project conforms with applicable land use and development regulations. Surrounding development is predominantly commercial and operate during daytime hours. The proposed use has been conditioned to insure it will not impact the surrounding area businesses. 5. The proposed project will not have a significant impact on the environment since the project is exempt from the California Environmental Quality Act per Section 15061(b)(3). F. As conditioned pursuant to Section 3, the Conditional Use Permit proposed is compatible with the health, safety and welfare of the community. Section 2. Environmental Compliance. The proposed use has been determined to be a Class I Categorical Exemption from the California Environmental Quality Act. Section 3. Conditions. That the city of Temecula City Council hereby approves PA93- 0038, Minor Conditional Use Permit to convert the existing teen nightclub to an adult only nightclub and allow the selling and on-site consumption of alcohol located at 28822 Front Street, Suite 203, APN 922-093-002, subject to the following conditions: A.Exhibit A, attached hereto. Resos 9347 3 Section 4. Term. The term of said Use Permit shall be two years, until June 22, 1995. Based upon the evidence presented to the City Council at the public hearing, this period represents a reasonable period of time to amortize the anticipated investment of $ 1 00, 000. 00 into the proposed use. Subsequently, upon application to the Planning Director and subject to appeal to the Planning Commission and City Council, the Use Permit may be extended for a like two (2)year term. Section 5. The City Clerk shall certify the adoption of this Resolution. Section 6. PASSED, APPROVED AND ADOPTED this 22nd day of June, 1993. J. iioz, May@r ATTEST: June@@k, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 22nd day of June, 1993 by the following vote of the City Council: AYES: 4 COUNCILMEMBERS: Parks, Roberts, Stone, Mufioz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Birdsall June@@reek, City Clerk Resos 93-47 4 CITY OF TEMECULA CONDITIONS OF APPROVAL PA93-0038, Conditional Use Permit Project Description: A request to convert an existing young adult nightclub into an adult only nightclub which will allow the selling and on-site consumption of alcohol located at 28822 Front Street. Assessor's Parcel No.:922-093-002 PLANNING DEPARTMENT GENERAL REQUIREMENTS 1The use hereby permitted is for an adult only nightclub to be located in an existing building at 28822 Front Street. 2.This approval shall be used within one (1) year of approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the one (1) year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. Should this use be discontinued for a year or longer, the permit will be deemed null and void. 3.The applicant shall provide written notification of the opening date as an adult nightclub to the Director of Planning and the Temecula Police Department fourteen (1 4) days prior to said opening. 4.In the event that complaints are received relative to the operation of the facility, upon the recommendation of the Planning Director and the Police Chief, (e.g. noise, trash, alcohol related arrests) the matter will then be scheduled before the Planning Commission for consideration of revocation of this Conditional Use Permit. 5.If multiple and/or constant problems arise at the establishment which adversely impact the Police Department; the Police Department can at the discretion of the Police Chief assign officers to work at the establishment. The number of officers assigned, the hours and days worked is also at the discretion of the Police Chief. Any officers so assigned will be at the current extra duty rate of pay and will be paid for by the owner of the establishment. 6.Hours of operation shall be limited to between 5:00 pm and 2:00 am Monday through Sunday. 7.The permittee shall defend, indemnify, and hold harmless the City of Temecula, its agents, officers, and employees from any claims, actions, or proceedings against the City of Temecula or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City of Temecula, its advisory agencies, appeal boards, or R:\SNSTAFFRPTN38PA93-2.CC 6/16/93 kib 9 legislative body concerning Planning Application No. PA93-0038, Conditional Use Permit . The City of Temecula will promptly notify the permittee of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the permittee of any such claim, action or proceeding or fails to cooperate fully in the defense, the permittee shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. 8.This conditional use permit may be revoked pursuant to Section 18.31 of Ordinance 348. 9.The development of the premises shall conform substantially with the site plan marked Exhibit "A", or as amended by these conditions. 10.A minimum of 31 parking spaces shall be provided for the use in accordance with Section 18.1 2, Riverside County Ordinance No. 348. 11.A minimum of 1 handicapped parking space shall be provided. The location of the handicapped parking spaces shall be approved by the Planning Director. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height if 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at owner's expense. Towed vehicles may be reclaimed at or by telephone In addition to the above requirements, the surface of each parking space shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 square feet in size. 1 2.The permittee shall obtain a revised permit for any modifications or revisions to the approval hereby granted pursuant to Section 18.43 of Ordinance No. 348. 13.Permittee shall develop and utilize a single file queue mechanism at the outside entrance. 14.Exterior noise levels shall not exceed 65 decibels as measured 50 feet from the property line. Applicant shall bear the cost of a noise study if noise level reading is requested as a result of a complaint to the City. 15.An Administrative Plot Plan application and accompanying fee for signage and lighting shall be submitted to the Planning Department for review and approval. R:\S\STAFFRPT\38PA93-2.CC 6/16/93 klb 10 1 6.Music shall be discontinued by 1:30 a.m. Alcoholic beverage sales shall cease after 1:00 a.m. 17.Permittee shall consider loiterers as trespassers and request that they leave. Police shall be notified immediately if they refuse to leave. 1 8.The permittee shall notify and obtain approval from the City Planning Department 30 days in advance of conducting any special event (Holiday, Seasonal, e.g.). All City costs incurred as a result of a special event, will be paid for by the permittee. All special events will be conducted in compliance with the City's special event regulations.' 1 9.Any disturbance at the site will be reported immediately to the Temecula Police Department. 20.Exterior lighting shall be the maximum permitted under Palomar Lighting District standards. 21.The interior lighting shall be sufficient for a police officer or employee to identify any person inside the business. 22.This permit commences when the Department of Alcoholic Beverage Control issues the license to sell alcoholic beverages. WITHIN FORTY-EIGHT (48) HOURS OF THE APPROVAL OF THIS PROJECT 23.The applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of Twenty-Five Dollars ($25.00) for the filing of the Notice of Determination with the Riverside County Clerk. BUILDING AND SAFETY 24.The applicant shall comply with applicable provisions of the 1 991 edition of the Uniform Building, Plumbing and Mechanical; 1 990 National Electrical Code; California Administrative Code Title 24 Energy and Handicapped Regulations and the Temecula Code. 25.Prior to the commencement of any construction work, obtain all building plan and permit approvals. 26.Restroom fixtures, number and type, shall be in accordance with the provisions of the 1991 edition of the uniform plumbing code, Appendix C. TEMECULA POLICE DEPARTMENT 27.Any additional landscaping will required the approval of the City of Temecula Director of Planning and the Temecula Police Department. 28.Maintain adequate number "high visibility' in house security trained in recognizing, averting, and reporting potential problems within establishment during operating hours. R:\S\STAFFRPT\38PA93-2.CC 6/16/93 kib 1 1 29.Provide constant security personnel in parking lot area during peak business hours, (after sunset). 30.Post "No Loitering" signs in conspicuous areas of parking lot and make effort to discourage loitering outside establishment. 31.Have only one entrance and one exit available to general public, except for emergency exits. These doors must be secured by personnel during all hours of operation. All other access doors shall be alarmed when opened. 32.No one under 21 years of age will be permitted in the establishment. 33.Establishment shall have a designated driver program in effect. Police Department can be contacted for suggestions, if desired. OTHER AGENCIES 34.Fire protection shall be provided in accordance with the appropriate section of Ordinance No. 546 and the County Fire Warden's transmittal dated March 18, 1 993, a copy of which is attached. 35.The applicant shall comply with the recommendations set forth in the Riverside County Health Department transmittal dated March 9, 1 993, a copy of which is attached. 36.The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated March 10, 1993, a copy of which is attached. 37.The applicant shall comply with the recommendations set forth in the Temecula Police Department's transmittal dated March 30, 1993, a copy of which is attached. 38.All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. R:\S\STAFFRPT\38PA93-2.CC 6/16/93 kib 1 2