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HomeMy WebLinkAbout08_019 PC ResolutionPC RESOLUTION NO. OS-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NUMBERS PA07-0082 AND PA07-0342, A MINOR CONDITIONAL USE PERMIT AND PUBLIC CONVENIENCE OR NECESSITY APPLICATION TO ALLOW THE TEMECULA VALLEY ELKS LODGE NO. 2801 TO CONDUCT MEETINGS AND TO SERVE ALCOHOL FOR MEMBERS AND INVITED GUESTS IN AN EXISTING BUILDING LOCATED AT 28061 DIAZ ROAD (APN 921-040-006) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On March 12, 2007 Paul Gonzalez (Temecula Valley Elks) ,filed Planning Application No. PA07-0082 a Conditional Use 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 May 7, 2008, 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. PA07-0082 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: Conditional Use Permit (Code Section 17.04.010.E) 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 request to establish a location where the Temecula Valley Elks Lodge No. 2801 can conduct meetings and serve alcohol is consistent with the goals and policies of the Land Use Element contained in the General Plan. The proposed use is also consistent with the City of Temecula Development Code in that it is an appropriate use for the Light Industrial zoning district per Section 17.08.030 and provides the required parking per Section 17.24.040. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and strucutres and the proposed condtional use will not adversely affect the adjacent uses, buildings or structures; The conditional use will not adversely affect the surrounding properties or uses. It should be noted that the Veterans of Foreign Wars (VFW) have a post located near the proposed Temecula Valley Elks Lodge and that the VFW engages in activities similar to those of the Temecula Valley Elks. The main entrance to a religious institution is located approximately 270 feet from the proposed Elks Lodge. Staff has verified that this will not pose a problem since both the proposed Elks Lodge and religious institution are located within the same industrial zone. Per the City of Temecula Development Code (Section 17.10.020.8.3), businesses selling alcoholic beverages and requiring a Conditional Use Permit are permitted to be located within 500 feet of a religious institution if both the alcohol selling establishment and religious institution are within the same commercial or industrial zone. C. The site for this 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 existing building at the site adequately provides all improvements including walls, fences, loading facilities, buffer area, landscaping and all other features as required in the Development Code and by the Planning Commission in order to integrate the use with uses in the immediate area. In addition, the Development Code requires 68 parking spaces to satisfy the parking requirements. The current site exceeds this requirement by providing 106 marked spaces. 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 Permit has been reviewed by Building and Safety, Fire, Public Works, Community Services and Police. These departments have determined the Conditions of Approval will ensure that the health, safety, and welfare of the community is maintained. E. The decision to approve, conditionally approve, or deny the application for a Conditional Use Permit is based on substantial evidence in view of the record as a whole before the Planning Director, Planning Commission or City Council on appeal; The project has been completely reviewed, as a whole, in reference to all applicable codes and ordinances before the Planning Commission. Public Convenience or Necessity (Code Section 17.10.020.6.5) A. The proposed use is consistent with the General Plan and Development Code; The proposed Public Convenience or Necessity application allowing the Temecula Valley Elks Lodge No. 2801 to serve alcohol is consistent with the goals and policies of the Land Use Element contained in the General Plan. The proposed use is also consistent with the City of Temecula Development Code in that it is an appropriate use for the Light Industrial zoning district per Section 17.08.030 and provides the required parking per Section 17.24.040. B. The proposed use is compatible with the nature, condition and development of adjacent land uses; As conditioned, the conditional use will not adversely affect the surrounding properties and the applicant is not requesting to alter the exterior of the building to allow for their proposed use. It should be noted that the Veterans of Foreign Wars (VFW) have a post located near the proposed Temecula Valley Elks Lodge and that the VFW engages in activities similar to those of the Elks. In addition, all adjacent land uses are appropriate for a Light Industrial zoning district and no residential uses are in close proximity. The main entrance to a religious institution is located approximately 270 feet from the proposed Elks Lodge. Staff has verified that this will not pose a problem since both the proposed Elks Lodge and religious institution are located within the same industrial zone. Per the City of Temecula Development Code (Section 17.10.020.8.3), businesses selling alcoholic beverages and requiring a Conditional Use Permit are permitted to be located within 500 feet of a religious institution if both the alcohol selling establishment and religious institution are within the same commercial or industrial zone. C. The proposed use will have an adverse effect on adjacent land uses; As previously mentioned, the main entrance to a religious institution is located approximately 270 feet from the proposed Elks Lodge. Staff has verified that this will not pose a problem since both the proposed Elks Lodge and religious institution are located within the same industrial zone. Per the City of Temecula Development Code (Section 17.10.020.8.3), businesses selling alcoholic beverages and requiring a Conditional Use Permit are permitted to be located within 500 feet of a religious institution if both the alcohol selling establishment and religious institution are within the same commercial or industrial zone. D. The proposed use will result in an excessive number of similar establishments in close proximity; According to the California Department of Alcoholic Beverage Control, no other club organizations seeking the sale of alcohol are contained within Census Tract 0432.15. For this reason, approval of the Public Convenience or Necessity application will not result in an excessive number of similar establishments in close proximity to the proposed Elks Lodge. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Minor Conditional Use Permit: 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). According to the California Environmental Quality Act (CEQA Guidelines), the key consideration in determining whether or not a project qualifies for the "Existing Facilities" exemption is to determine if the project involves negligible or no expansion of an existing use. The Temecula Valley Elks is a membership club and membership clubs are a permitted use within a Light Industrial zone upon the approval of a Minor Conditional Use Permit. In addition, the use will take place in amulti-purpose area of the building and is considered to be negligible expansion. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA07-0082, a Minor Conditional Use Permit to allow the Temecula Valley Elks Lodge No. 2801 to conduct meetings with served alcohol for members and invited guests in an existing building located at 28061 Diaz Road, 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 7th day of May 2008. z.-~~ John Telesio, Chairman ATTEST: ^~~~~ ~~ ~ Debbie Ubnoske, Secretary ~. ..~~. [SEAL]' . ~r '\~; STATE OF CALIFO(2~NIA ) COUNTY OF RIVcRSIDE )ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 08-19 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 7th day of May 2008, by the following vote: AYES: NOES: 4 PLANNING COMMISSIONERS: Carey, Chiniaeff, Harter, Telesio 0 ABSENT: 1 ABSTAIN: 0 PLANNING COMMISSIONERS None PLANNING COMMISSIONERS Guerriero PLANNING COMMISSIONERS None Debbie Ubnoske, Secretary EXHIBIT A FINAL CONDITIONS OF APPROVAL SCANNED: .~~I L/d F G DRIVE: .7 /L~ PERMITS PL US: y/, ~~ INITIALS: PLANNER: ACCEPTANCE OF CONDITIONS OF APPROVAL I, Paul Gonzalez, understand that Planning Application No. PA07-0082 has been approved with Conditions of Approval which are set forth in Exhibit A. I have read the Conditions of Approval contained in PC Resolution No. 08-19 and understand them. Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions. M ~-~ ~ ,200 ~ DATE EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA07-0082 Project Description: Planning Application Numbers PA07-0082 and PA07-0342, a Minor Conditional Use Permit and Public Convenience or Necessity Application to allow the Temecula Valley Elks Lodge No. 2801 to conduct meetings and to serve alcohol (Type 51) for members and invited guests in an existing building located at 28061 Diaz Road Assessor's Parcel No.: 921-040-006 MSHCP Category: Industrial DIF Category: Industrial TUMF Category: Industrial Approval Date: May 7, 2008 Expiration Date: May 7, 2010 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project 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 ofSixty-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 applicanUdeveloper 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)). 2. The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department. General Requirements 3. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, 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. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 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. The Director of Planning may, upon an application being filed within 30 days 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. A separate building permit shall be required for all signage. A Sign Program may be required. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. 9. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 10. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan. 11. Parking for the project shall be shared across the site, including parking spaces in all lots that are a part of the project. If the project involves multiple lots, the applicant shall submit to the Planning Department a copy of a recorded Reciprocal Use Agreement, which provides for cross-lot access and parking across all lots. 12. Regular hours of operation shall be between 6:00 p.m. and 10:00 p.m., Monday, Tuesday, Wednesday, Thursday, Friday, and Saturday each week. (Amended at May 7, 2008 Planning Commission Meeting). 13. The applicant shall comply with their Statement of Operations dated December 27, 2007, on file with the Planning Department, unless superseded by these Conditions of Approval. 14. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 15. The City, its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission and City Council is in addition to, and not in-lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. 16. 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. 17. 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). 18. The applicant shall comply with all regulations stipulated by the California Department of Alcoholic Beverage Control. 19. The applicant must obtain all appropriate permits before performing any alteration to the interior or exterior of the structure. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 20. 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 of 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 parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning (951) 696-3000." 21. In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least three square feet in size. 22. All site improvements including but not limited to parking areas and striping shall be installed. 23. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. OUTSIDE AGENCIES 24. The applicant shall comply with the letter attached sent by the County of Riverside Department of Environmental Health dated April 16, 2008. BUILDING AND SAFETY DEPARTMENT General Requirements 25. All design components shall comply with applicable provisions of the 2007 edition of the California Building, Plumbing and Mechanical Codes; 2007 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 26. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 27. Obtain all building plans and permit approvals prior to commencement of any construction work. 28. Show all building setbacks. 29. Provide disabled access from the public way to the main entrance of the building. 30. Provide van accessible parking located as close as possible to the main entry. 31. Show path of accessibility from parking to furthest point of improvement. At Plan Review Submittal 32. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. 33. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. Prior to Permit Issuance 34. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. FIRE PREVENTION General Requirements 35. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 36. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC Appendix Chapter 1). Prior to Issuance of Building Permits 37. Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. A notification device will be required to be added to the suite (City Ordinance 15.16.020 Section G, 903.4.4). Prior to Issuance of Certificate of Occupancy 38. A "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC 506). POLICE DEPARTMENT General Requirements 39. Applicant has applied for a Type 51 License (Club). A Type 51 license authorizes the sale of beer, wine and distilled spirits, to members and guests only, for consumption on the premises where sold (no off-sale privileges). Food Service is not required. Minors are allowed on the premises and TYPE 58, (Catering Authorization -Form ABC-218) through the Riverside District Office of Alcoholic Beverage Control. Authorizes Type 47, 48, 51, 52, 57 and 78 licensees, and catering businesses that qualify under Section 24045.12 to sell beer, wine and distilled spirits for consumption at conventions, sporting events, trade exhibits, picnics, social gatherings or similar events. Type 47, 48 and 57 licensees may cater alcoholic beverages at any ABC-approved location in the State. Type 51 and 52 licensees may only cater alcoholic beverages at their licenses premises. All licensees wishing to cater alcoholic beverages must obtain prior written authorization from the Police Department of each event. At all approved events, the licensee may exercise only those privileges authorized by the licensee's license and shall comply with all provisions of the ABC Act pertaining to the conduct of on-sale premises and violation of those provisions may be grounds for suspension or revocation of the licensee's license or permit, or both, as though the violation occurred on the licensed premises (Section 23399 and Rule 60.5 California Code of Regulations). 40. Applicant will comply with Ordinance 97-07, 0.14.010 Temecula Municipal Code series. 41. 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. 42. 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 25660 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). 43. 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). 44. 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, storeroom, 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). 45. 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). 46. 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.). 47. Based upon the type of events, there are no requirements for additional police officers to be present. 48. Applicant will ensure no loitering occurs on or adjacent to its premises during hours of operation. 49. Applicant will ensure sufficient lighting is provided for customers during hours of darkness if hours of operation extend into the night. 50. Applicant will be responsible for any cost incurred by the Police Department if additional officers are required because of traffic problems/congestion, public disturbance orwhere the need for police presence is required. ENV HERLTH, MURRIETR Fax:9516006181 Rpr 16 2008 16:38 P. 02 COUNTY OF RIVERSIDE • COMMUNITY HEALTH DEPARTMENT OF ENVIRONMENTAL City of Temecula Planning Department c/o Eric Jones PO BOX 9033 Temecula, CA 92589-9033 16 Apri12008 RE: PA07.0082 AGENCY HEALTH The Department of Environmental Health (DEH) has received and reviewed the PA07- 0082 for the Conditional Use Permit (CUP) to authorise s minor CUP for the operation of the Temecula Valley Elks to conduct meetings and alcohol at 28061 Diaz Road. The structure is one story and totals 30,000 sq fl, The space leased by the Elks is 3,000 sq ft of the 30,000 sq ft.,, under the applicant; Temecula Valley Elks Lodge The planning application gives the APN as 921.040-004. Food vending or restaurant use of the portrait shall require food plan check compliance by the County of Riverside DEH. Please call Honnie Dierking, Supervising RES at 951.461.0284 within 24 hotus of the City's receipt fax of these conditions. [f you have any questions, please do not hesitate to call me at 951.600,6180 Sincerely, ,r /, ~ Gregor Dellenbach, REHS Local En)orccntNrt Agency ' vp. n, .. ~G ir.;,;, i' - _.~ L:ill;+, gnu 1951) ?+~ 79FL fA\ 1,1 ~<I ~+~". ( i ,: ~..r Frrtl '1~'', 14n. Il wide. (A Q25n1 Lnnd Ute rand Wolet E'nglneering • 7U fi . Il;j'~. i,rr - d,, l; P. 7%tiU21206 ' 19511 9;,j Y9,40 IM , 1. i'c: :: . qi 0.'t La ' u: e~. Lrid FI -r Yim:nid,: CA 92i4,