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HomeMy WebLinkAbout112008 DH AgendaAGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING November 20, 2008 1:30 p.m. TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: PUBLIC COMMENTS Debbie Ubnoske, Director of Planning 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: PA08-0196 Project Type: Minor Conditional Use Permit Project Title: Starbuzz Hookah MCUP Applicant: Bill Barkho Project Description: A Minor Conditional Use Permit for Starbuzz Hookah Lounge in Suites 108 and 109 in an existing shopping center Location: 32483 Temecula Parkway Environmental Action: Exempt per CEQA Section 15301, Class 1 Existing Facilities Project Planner: Cheryl Kitzerow/Matt Peters Item No. 2 Project Number: PA08-0206 Project Type: Minor Conditional Use Permit Project Title: Public House MCUP Applicant: Gerry Kent Project Description: A Minor Conditional Use Permit to allow the Public House live entertainment and to upgrade their existing Type-41 ABC license (on - sale beer and wine -eating place) to a Type -47 ABC license (on -sale general -eating place) Location: 41971 Main Street Environmental Action: Exempt per CEQA Section 15301, Class 1 Existing Facilities Project Planner: Cheryl Kitzerow/Matt Peters Item No. 3 Project Number: PA08-0154 Project Type: Minor Conditional Use Permit Project Title: Iron Wok MCUP Applicant: Jessica Large RADirectors Hearing\Agendas\2008\I1-20-2008 Agenda.doc Project Description: A Minor Conditional Use Permit for the Iron Wok to conduct live entertainment with a band or disk jockey, and a dance area Location: Generally located on the southeast corner of Ynez Road and Promenade Mall North at 26520 Ynez Road Environmental Action: Exempt per CEQA Section 15301, Class 1 Existing Facilities Project Planner: Eric Jones 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 30600 Pauba Road during normal business hours. The packet will be available for viewing the Friday before the Director's Hearing 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.org. RADireclors Hearing\Agendas\2008\I 1-20-2008 Agenda.doc STAFF REPORT — PLANNING CITY OF TEMECULA DIRECTOR'S HEARING DATE OF MEETING: November 20, 2008 PREPARED BY: Cheryl Kitzerow/Matt Peters, Case Planner PROJECT Planning Application Number PA08-0196, a Minor Conditional Use SUMMARY: Permit for Starbuzz Hookah Lounge to authorize a private membership club for hookah smoking, located at 32483 Temecula Parkway RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15301, Class 1, Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Bill Barkho/Mohammad Sheath (business owners) General Plan Highway Tourist (HT) Commercial Designation: Zoning Designation: SP-10, Vail Ranch Specific Plan Existing Conditions/ Land Use: Site: Wolf Store Retail Park Shopping Center North: Low Medium Density Residential across Temecula Parkway South: Open Space, Temecula Creek East: Industrial Park, existing GTE facility and Redhawk Medical Center on George Cushman Court West: Highway Tourist Commercial, existing Vail Ranch Plaza Existing/Proposed Min/Max Allowable or Required Lot Area: Existing N/A Total Floor Area/Ratio: Existing N/A Landscape Area/Coverage: Existing N/A Parking Required/Provided: 405 spaces existing on- 220 required for the shopping site center G:\PLANNING\2008\PA08-0196 Starb= Hookah Minor CUPRanning\STAFF REPORT.doc 1 BACKGROUND SUMMARY Starbuzz Hookah Lounge is proposed for two suites in the Wolf Store Park Retail Shopping Center located in the Highway Tourist Commercial zoning district on the south side of Temecula Parkway (79 South), east of Meadows Parkway between Apis Road and George Cushman Court. The applicant is requesting to operate the proposed hookah lounge as a private, members -only club. According to the Development Code, the approval of a Conditional Use Permit is required for a Membership Club in the Highway Tourist Commercial zone. The applicant has indicated that they qualify for the "Small Business Exception" per Labor Code Section 6404.5 and are exempt from the smoking restrictions required for places of employment. In order for a business to qualify for this exception they must have five or fewer employees and meet the following requirements: (1) all employees who enter the establishment must consent to the smoking; (2) air is exhausted directly outside by an exhaust fan; (3) the employer complies with all applicable state and federal ventilation standards. To ensure consistency with the "Small Business Exception" from the Labor Code, a Condition of Approval has been added to the permit which restricts the number of employees to no more than five for the business. Additionally, a Condition of Approval has been added to require that the permittee comply with all applicable State laws, including all Labor Code requirements. The Statement of Operations dated October 21, 2008, and further clarified via email dated November 7, 2008, provided by the applicant indicates that the business will have no more than four employees. The applicant has indicated that all of the employees will be at least 18 years of age, and consent to and understand the scope of the business. Additionally, the applicant has indicated that the lounge has been equipped with air handlers and a smoke filtration system which eliminates the smoke in the lounge and reduces second hand smoke inhalation by members and employees. All smoke is required to be exhausted directly outside by an exhaust fan, and the Building and Safety Department will ensure that the facility meets all ventilation requirements during the building plan check process. Additionally, to ensure compliance with this exception, the project has been conditioned to require that the permittee/owner obtain a written statement from all employees indicating that they consent to the smoking. The condition also requires that employee consent forms be retained on file at the establishment. As explained by the applicant in the DRC meeting on August 11, 2008, when a member enters the store they must show proof of identification and age (18 or older). Additionally, patrons requesting to enter the lounge must show proof of membership prior to being permitted to enter the lounge. All members are required to be at least 18 years of age. No alcohol will be served in the facility under any circumstances. Members may join the private hookah lounge for an annual fee of approximately $10.00. Membership includes access into the lounge during the normal hours of operations. The lounge is proposed to be open from 5 p.m. to 1 a.m. daily. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. GAPLANNING\2008\PA08-0196 Starbuzz Hookah Minor CUP\Planning\STAFF REPORT.doc 2 /_1:/t1�,&'IK Conditional Use Permit The applicant is requesting that the Planning Director authorize a Minor Conditional Use Permit to allow a private, members -only hookah lounge located at 32483 Temecula Parkway, Suites 108 and 109. As indicated in the Statement of Operations, hookah pipes will be provided to patrons. No off site tobacco sales are proposed. Members will enjoy cable/satellite TV and non- alcoholic beverages while in the lounge. No food or alcohol will be served. Starbuzz Hookah Lounge will be located within an existing shopping center and all of the existing uses within the shopping center are commercial and retail -type uses. The uses include El Pollo Loco, North Island Credit Union, Thai Massage, Western Wear, La Cocina Bar & Grill, Killarney's Pub & Grill, Mazzaros Pizzeria, Dry Cleaners, Nail parlors, Day Spa, Bike Shop, Cuts for Men, Dentist, Tai Kwon Do studio, Thai restaurant and a Java Juice. No residences are located in the immediate vicinity of this conditional use. A number of operational restrictions have been drafted, and shall be made Conditions of Approval for the project, in order to ensure that this conditional use is compatible with the adjacent uses and that the use will not have a detrimental impact on surrounding uses. This project meets all applicable Development Code requirements and is compatible with surrounding uses, buildings, and structures. The site is adequate in size and shape to meet all code requirements, including the minimum parking requirements. Due to the fact that the Conditional Use Permit will be issued to a private, membership -only hookah lounge, the use is not anticipated to be detrimental to the health, safety and general welfare of the public due to the fact that the facility is not open to the general public and is in conformance with California Building Code requirements and California Occupational Safety and Health Administration requirements. Parking Requirements Per Development Code Section 17.24.040, the parking for this project should be calculated according to the requirements for a shopping center due to the mix of land uses within the shopping center. The total shopping center square footage is 65,850 square feet. The Development Code parking requirements for a shopping center greater than 25,000 square feet require one parking space per 300 square feet. Based upon these calculations, 220 parking spaces are required and 405 parking spaces exist on the site. This project meets the minimum parking requirements as outlined in the Development Code. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on November 8, 2008 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 per CEQA Section 15301, Class 1 Existing Facilities. GAPLANNING\2008\PA08-0196 Starbuzz Hookah Minor CUP\Planning\STAFF REPORT.doc 3 Starbuzz Hookah Lounge is located in an existing shopping center. This request is a Conditional Use Permit to allow for a membership club for a hookah lounge. No development is proposed with this use. FINDINGS Conditional Use Permit — Development Code Section 17.04.010 (E) The proposed conditional use is consistent with the General Plan and the Development Code As conditioned, the project is consistent with the General Plan Land Use designation of Highway Tourist Commercial and meets all of the goals and policies contained in the General Plan. The General Plan anticipated land uses that serve the commercial needs of tourist to be located in the Highway Tourist Commercial Land Use Designation. Operational restrictions have been made part of the Conditions of Approval in order to ensure continued consistency 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. As conditioned, 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. Operational restrictions have been made part of the Conditions of Approval for this project to ensure compatibility with the surrounding development. The adjacent uses, buildings and structures are all commercial and retail -type uses and no residences are located in the immediate vicinity of this conditional use. The authorization of a conditional use permit to allow for a private members only hookah lounge is not anticipated to adversely affect the neighboring tenants as all of the uses in the shopping center are compatible with the proposed conditional use. 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 council in order to integrate the use with other uses in the neighborhood. The site for the proposed conditional use is currently existing and 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 to integrate the use with other uses in the neighborhood. The shopping center in which the conditional use is located currently exists, and no construction or exterior site modifications are proposed as a part of this project. However, an analysis of the existing parking spaces was done and concluded that there is an adequate number of parking spaces to accommodate the conditional use, as well as the existing uses on the site. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The proposed conditional use is for a private members only hookah lounge and as conditioned is not anticipated have an adverse affect on the health, safety and GAPLANNING0008\PA08-0196 Starbuzz Hookah Minor CUP\Planning\STAFF REPORT.doc 4 welfare of the community since the hookah lounge is not open to the general public and will cater to members only. ATTACHMENTS Vicinity Map Resolution Exhibit A - Draft Conditions of Approval Statement of Operations Notice of Public Hearing GAPtANNING\2008\PA08-0196 Starbu= Hookah Minor CUP\Planning\STAFF REPORT.doc 5 VICINITY MAP DE PORTOI RD lam;0 T&f 0 913 G PA08-0196 \ \tPSspaE0.j/ / 9 La 0, wl,,IWVAIL OR 0, 0 C r 0 150 3DO 600 900 1.200 DH RESOLUTION G1PLANNING\2008\PA08-0196 Starbuzz Hookah Minor CUP\PlanningTH resolution no.doc DH RESOLUTION NO. 08- A RESOLUTION OF THE DIRECTOR OF PLANNING OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0196, A MINOR CONDITIONAL USE PERMIT FOR STARBUZZ HOOKAH LOUNGE, TO AUTHORIZE A PRIVATE MEMBERSHIP CLUB FOR HOOKAH SMOKING, LOCATED AT 32483 TEMECULA PARKWAY Section 1. Procedural Findings. The Director of Planning of the City of Temecula does hereby find, determine and declare that: A. On September 9, 2008, Bill Barkho, filed Planning Application No. PA08- 0196 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 Director of Planning, at a regular meeting, considered the Application and environmental review on November 20, 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 Director's Hearing and after due consideration of the testimony, the Director of Planning approved Planning Application No. PA08-0196 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA08-0196, conformed to the City of Temecula's General Plan Development Code. Section 2. Further Findings. The Director of Planning, in approving Planning Application No. PA08-0196, hereby makes the following findings as required by Development Code Section 17.04.010 (E). A. The proposed conditional use is consistent with the General Plan and the Development Code; As conditioned, the project is consistent with the General Plan Land Use designation of Highway Tourist Commercial and meets all of the goals and policies contained in the General Plan. The General Plan anticipated land uses that serve the commercial needs of tourist to be located in the Highway Tourist Commercial Land Use Designation. Operational restrictions have been made part of the Conditions of Approval in order to ensure continued consistency with the General Plan and Development Code. GAPLANNING\2008\PA08-0198 Starbuzz Hookah Minor CUP\Planning\DH resolution no.doc 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; As conditioned, 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. Operational restrictions have been made part of the Conditions of Approval for this project to ensure compatibility with the surrounding development. The adjacent uses, buildings and structures are all commercial and retail -type uses and no residences are located in the immediate vicinity of this conditional use. The authorization of a conditional use permit to allow for a private members only hookah lounge is not anticipated to adversely affect the neighboring tenants as all of the uses in the shopping center are compatible with the proposed conditional use. 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 council in order to integrate the use with other uses in the neighborhood. 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 council in order to integrate the use with other uses in the neighborhood; The site for the proposed conditional use is currently existing and 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 to integrate the use with other uses in the neighborhood. The shopping center in which the conditional use is located currently exists, and no construction or exterior site modifications are proposed as a part of this project. However, an analysis of the existing parking spaces was done and concluded that there is an adequate number of parking spaces to accommodate the conditional use, as well as the existing uses on the site. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The proposed conditional use is for a private members only hookah lounge and as conditioned is not anticipated have an adverse affect on the health, safety and welfare of the community since the hookah lounge is not open to the general public and will cater to members only. G:\PLANNING\2008\PA08-0196 Starbuzz Hookah Minor CUP\Planning\DH resolution no.doc Section 3. Environmental Findings. The Director of Planning 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 (CEQA Section, 15301, Class 1 Existing Facilities). 1. It has been determined that this project qualifies for the Existing Facilities exemption under CEQA Section 15301, Class 1. Starbuzz Hookah Lounge is located in an existing shopping center. This request is a Conditional Use Permit to allow for a membership club for a hookah lounge. No development is proposed with this use. Section 4. Conditions. The Director of Planning of the City of Temecula approves Planning Application No. PA08-0196, a Minor Conditional Use Permit for Starbuzz Hookah Lounge, located at 32483 Temecula Parkway, to authorize a private membership club for hookah smoking, 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 Director of Planning this 20th day of November 2008 Debbie Ubnoske, Director of Planning I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 08- was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 20th day of November 2008. Cynthia Lariccia, Secretary GAPLANNING1200MPA08-0196 Starbuzz Hookah Minor CUPOanningTH resolution no.doc EXHIBIT A DRAFT CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLUS: INITIALS: PLANNER: EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA08-0196 Project Description: A Minor Conditional Use Permit for Starbuzz Hookah Lounge, Ito authorize a private membership club for hookah smoking, located at 32483 Temecula Parkway Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Approval Date: Expiration Date: PLANNING DEPARTMENT 960-020-057 N/A N/A N/A November 20, 2008 November 20, 2010 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)). PL-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 PL-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. PL-4. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-5. 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-6. 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. PL-7. A separate building permit shall be required for all signage PL-8. 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. PL-9. The applicant shall comply with their Statement of Operations dated October 21, 2008, 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 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. PL-12. A membership application shall be completed, and membership fees shall be paid prior to the permittee allowing any person to use the private hookah lounge. Non-members or non-paying members shall not be authorized to engage in hookah smoking. PL-13. All potential members shall provide valid picture identification showing proof of age (18 or older). PL-14. All identification checks to verify age will be done by the use of an electronic fraud proof identification scanner to verify that all members are at least 18 years of age or older. PL-15. The sale of one -day memberships shall not be permitted under any circumstances, at any time. PL-16. The permittee/business shall not employ more than five employees. PL-17. The permittee shall comply with all applicable state laws, including the California Labor Code. PL-18. The permittee and the establishment shall be in compliance with all Riverside County Health Department requirements. PL-19. The permittee shall obtain, and keep up-to-date and current all appropriate tobacco licenses required by the State of California and the City of Temecula. PL-20. The permittee shall require that all employees sign an employee consent form which indicates that the employee consents to the smoking and exposure to smoke. These consent forms shall be retained on file by the permittee/employer. PL-21. All employees shall be at least 18 years of age. PL-22. The employer/permittee shall comply with all state and ventilation standards, subject to the approval of the Building and Safety Department. Air shall be exhausted directly to the outside by an exhaust fan. This shall be verified by at plan check by the Building and Safety Department. Prior to Issuance of Building Permit PL-23. The following shall be added as a note to the tenant improvement plans/building plans, and verified by the Building and Safety Department prior to the approval of tenant improvement plans: "Air shall be exhausted directly to the outside by an exhaust fan." PL-24. The following shall be added as a note to the tenant improvement plans/building plans and verified by the Building and Safety Department prior to the approval of tenant improvement plans: "Air ventilation system shall comply with applicable State and federal ventilation standards." PL-25. The applicant shall provide a written statement indicating how their air ventilation/exhaust system complies with all State and federal standards, and shall be reviewed by the Building and Safety Department prior to the approval of tenant improvement plans. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL-26. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. BUILDING AND SAFETY General Conditions/Information B-1. 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. B-2. Provide details of all applicable disabled access provisions and building setbacks on plans. B-3. Provide disabled access from the public way to the main entrance of the building. B-4. Provide van accessible parking located as close as possible to the main entry. B-5. Show path of accessibility from parking to furthest point of improvement. B-6. Submit at time of plan review, a complete exterior site lighting, plan showing compliance with Ordinance Number 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 aimed not to shine directly upon adjoining property or public rights -of -way. As applicable to proposed scope of work. B-7. Obtain all building plans and permit approvals prior to commencement of any construction work. B-8. Commercial and industrial project trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. At Plan Review Submittal B-9. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. As applicable to proposed scope of work. B-10. Provide number and type of restroom fixtures, to be in accordance with the provisions of the 2007 edition of the California Plumbing Code. B-11. Provide precise grading plan to verify accessibility for persons with disabilities. Prior to Issuance of Building Permit(s) B-12. Provide appropriate stamp of a registered professional with original signature on plans. Prior to Beginning of Construction B-13. A pre -construction meeting is required with the building inspector prior to the start of the tenant improvement. FIRE PREVENTION General Requirements F-1. 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. Prior to Issuance of Building Permit(s) F-2. Fire sprinkler tenant improvement plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. F-3. Fire alarm tenant improvement 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. These plans must be submitted prior to the issuance of building permit. Prior to Issuance of Certificate of Occupancy F-4. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial buildings shall have a minimum of 12-inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of six-inch high letters and/or numbers on both the front and rear doors (CFC Chapter 5, Section 505.1 and Temecula City Ordinance 15.16.020 Section E). F-5. 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 Chapter 5, Section 506). POLICE DEPARTMENT General Requirements PD-1. No formal application for the use of alcoholic beverages has been submitted. Therefore, the use, sales and service of all alcoholic beverages is prohibited at this location. PD-2. Applicant will comply with City Ordinance 9.14.010 series, Temecula Municipal Code, consumption of alcoholic beverages in public prohibited. PD-3. Applicant will ensure all cash registers is intergraded with a software that has a magnetic strip reader capable of reading California Drivers License (CDL) or California Identification Card (CID) and detach if the card is fraudulent or if the individual is underage. PD-4. Because smoking is allowed, no juveniles under the age of eighteen years of age are allowed on the premises. Furthermore, applicant will comply with section 308 (a) (1) of the California Penal Code. PD-5. Identification checks 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/dependent/retired); (d) valid driver's license from any of the 50 States or Territories of the United States; (e) valid U.S. Passport; (f) valid government issued identification card issued by a Federal, State, County or City agency. PD-6. As noted above, only a valid government issued identification card 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-7. If a variety of tobacco products are sold, applicant will comply with subdivision (b), section 22952 of the Business and Profession Code. Failure to comply is punishable by fines or by imprisonment in a county jail. PD-8. Any public telephones located on the exterior of the business should be placed in a well -lighted, highly visible area, and installed with a "call -out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the building. PD-9. If repeated criminal problems are reported from this business, the Temecula Police Department reserves the right to revise this condition to allow for more stringent guidelines. PD-10. Refer any and all questions regarding this condition to the Crime Prevention and Plans Officer, (951) 695-2773. STATEMENT OF OPERATIONS OPERATIONS STATEMENT THE STARBUZZ HOOKAH LOUNGE WILL OPERATE 7 DAYS A WEEK FROM 5PM TO 1AM AND WILL EMPLOY (4) INDIVIDUALS PER SHIFT. THE PROVIDED PARKING COUNT WILL BE PER THE APPROVED SITE PLAN REQUIREMENT TO PROVIDE ACCESSABLE AND CONVENIENT CIRCULATION. THIS OPERATION WILL BE A MEMBERS ONLY CLUB, 18 AND OVER ONLY, NO ALCOHOL, CABLE/SATELLITE TV, NO FOOD, NO OUTSIDE TABACCO SALES. THE BUSINESS WILL PROVIDE PATRONS WITH HOOKAH PIPES TO LOUNGE WITHIN THE PREMISES. ALL BEVERAGES SERVED WILL BE PRE -PACKAGED AND NO FOOD WILL BE PREPARED AT THIS LOCATION. THE REAR AREA WITH SINKS AND STORAGE WILL BE FOR CLEANING AND STORAGE OF PIPES AND PRE -PACKAGED ITEMS. THE BAR AREA WILL SERVE PATRONS BEVERAGES AND SMOKING ITEMS. ALL TRASH WILL BE DISPOSED OF UTILIZING THE PROVIDED SANITATION SERVICES. STARBUZZ HOOKAH LOUNGE 32483 TEMECULA PARKWAY SUITES #108 & 109 BLDG. "E" TEMECULA, CA 92592 OCT 2 1 202 Cheryl Kitzerow From: MOHAMMAD SHAATH [ptismoe@yahoo.com] Sent: Friday, November 07, 2008 10:03 AM To: Cheryl Kitzerow Subject: Re: Starbuzz Hookah Lounge Hi Cheryl, 1. The total number of employees will be four. And all employees consent and understand the scope of our establishment. Air is exhausted via three suction fans located in the sealing. We will comply with all state and federal ventilation laws. 2. All employees and customers will be a minimum of 18 years of age. 3. Our yearly membership will come at a cost of $10.00. And must be renewed annually. Mo Shaath 909.900.2419 Fw: PA08-ol96, Starbuzz Hookah Lounge -'AT&T Yahoo! Mail' Page 1 of 2 v aUt 1 MAIL Classic FW: PA08-0196, Starbuzz Hookah Lounge From: "MOHAMAO HAMADE" <hamademoe@hotmail,com> To: hamade_global@sbcglobl.net Scan Document From Copler.eml (7431(8) Date: Mon, 10 Nov 2008 10:20:44 -0800 From: ptismoe@yahoo.com Subject: Fw: PA08-0196, Starbuzz Hookah Lounge To: hamademoe@hotmail.com Monday, November 10, 2008 10:37. AM --- on Wed, 11/5/08, Cheryl Kitzerow <Cheryl.Kitzerow@cityoftemecuia.org> wrote: From: Cheryl Kitzerow <Cheryl. Kitzerow@cityoftemecula.org > Subject: PA08-0196, Starbuzz Hookah Lounge To: nbarkho@sbcglobal.net, ptismoe@yahoo.com Cc: "Matt Peters"<Matt.Peters @cityoftemecula.org> Date: Wednesday, November 5, 2008, 12:33 PM Good Afternoon Bill, As we discussed on the phone this morning, staff is prepared to schedule your project for Director's Hearing on November 20" at 1.30 pm. You will need to attend this meeting here at City Hall (2nd floor, Main Conference Room). We will be sending out a notice of public hearing this week and preparing a staff report early next week. As requested in our letter dated October 2, please submit a lecial opinion that explains how the business is in conformance with the City's Municipal Code Section 8.36, Smoking in Public Places and the California Labor Code, Section 6404.5. We will need this no later than noon on November 10into keep the project on the agenda. If you feel you cannot meet this deadline please let me know immediately and we can schedule the project for Director's Hearing on 1214. 1 have attached the referenced code sections for your use. Thank you. When responding please "reply to all" ChcrylK;trcrow Associate Planner City of Temecula --Forwarded Message Attachment -- Subject: Scan Document From Copier Date: Wed, 5 Nov 2008 13:32:21 -OB00 http://us.mc83 5.mail.yahoo.com/mc/showMessage?fid=lnbox&sort=date&order—down&... 11 /10/2008 A declarational guarantee and Leeal Ooinion Starbuzz Tobacco Inc. (Applicant) recommends and firmly supports the following: 1) The business will be owner -operated or other exempt from the prohibition of smoking in the workplace set forth in California Labor Code 6404.5. The state of California regulates hookah bars via Labor Code 6404.5 (our smoke free workplace law) and via Penal Code 308, two state laws that prohibit the sale of tobacco to minors. There are exemptions within our law that would allow hookah smoking. Some of these exemptions are mentioned below: The store/lounge is solely operated by the owner (no employees), [In the early days of the law, some bar owners thought they could use this exemption and used creative strategies like not having employees, but volunteers. There is one exemption that applies that involves establishments with five or fewer employees. Starbuzz hookah lounge with have five or fewer employees working at any given time, thus allowing the establishment to befall exempt from the prohibition of smoking in the workplace set forth in California Labor Code 6404.5. Temecula's Municipal Code section 8.36.030: Prohibition of smoking in public places, places of employment and other areas. Enclosed Places. Smoking is prohibited in the following enclosed places except in places listed in subsection C of this section, and except in such places in which smoking is already prohibited by state or federal law. Section C states that unless otherwise prohibited by law, smoking is permitted in the following locations: 2) Significant tobacco retailers, if minors are prohibited at all times from entering the store. • No persons under 18 years of age shall be permitted with the business (Starbuzz Hookah Lounge). • Filtration devices will be installed and operated such that smoke doesn't exit the establishment upon customer ingress or egress or enter adjacent businesses through ducts and vents. 3) Starbuzz Hookah Lounge agree to indemnify, hold harmless, and defend the city of Temecula, its officers, agents and employees, from any and all liability or claims that may be brought against the City arising out of its approval of this permit, or arising out of the operation of the business , save and except that caused by the city's active negligence. Any questions or concerns please feel free to contact us. Signaturc: Date: «1io/04 Starent Tobaco e th 3 . #A Fullt NOTICE OF PUBLIC HEARING Notice of Public Hearing A PUBLIC HEARING has been scheduled before the CITY OF TEMECULA DIRECTOR'S HEARING to consider the matter described below: Case No: PA08-0196 Applicant: Bill Barkho, owner of Starbuzz Hookah Proposal: A Minor Conditional Use Permit application for a Starbuzz Hookah Lounge in Suites 108 and 109 of the existing shopping center, located at 32483 Temecula Parkway Environmental: 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 issued in compliance with CEQA (Section 15301, Class 1 Existing Facilities) Case Planner: Matt Peters/Cheryl Kitzerow Place of Hearing: City of Temecula, Main Conference Room Date of Hearing: November 20, 2008 Time of Hearing: 1:30 p.m. --------- J - % �G4U1�',t.Y _ 4 Y PA08-0196 9 9 � V YQif � 4E 171 3 1 -0 N Any person may submit written comments to the Planning Director 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 Director is controlled by the statute of limitations provisions set forth in Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. Any action or proceeding to attack, review, set aside, or void any decision of the Planning Director is controlled by Chapter 2.36 of the Temecula Municipal Code. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Director shall be limited to those issues raised at the hearing as provided in Chapter 2.36 of the Temecula Municipal Code. Copies of the procedures for the conduct of City Council, Planning Commission, and Planning Director public hearings are available from the City Clerk. If you wish to challenge the above [project] in court, the challenge will be limited to only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice, and must be commenced within the time limit specified in Section 1094.5 and Section 1094.6 of the California Code of Civil Procedure. 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) 694-6400. STAFF REPORT — PLANNING CITY OF TEMECULA DIRECTOR'S HEARING DATE OF MEETING: November 20, 2008 PREPARED BY: Cheryl Kitzerow/Matt Peters, Case Planners PROJECT Planning Application Number PA08-0206, a Minor Conditional Use SUMMARY: Permit to allow the Public House restaurant live entertainment (bands/dj/comedy/karaoke) and to upgrade their existing Type-41 ABC license (on -sale beer and wine -eating place) to a Type-47 ABC license (on -sale general - eating place) which would authorize the sale of beer, wine and distilled spirits for consumption on the premises, located at 41971 Main Street in Old Town Temecula RECOMMENDATION CEQA: Approve with Conditions Categorically Exempt Section 15301 Class 1 Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Gerry Kent General Plan Community Commercial (CC) Designation: Zoning Designation: Old Town Specific Plan (SP-5), Tourist Retail Core (TRC) Existing Conditions/Land Use: Site: Existing restaurant North: Tourist Retail Core; existing retail South: Tourist Retail Core; existing retail East: Tourist Retail Core; existing retail West: Tourist Retail Core; existing retail Proposed Min/Max Allowable or Required Lot Area: N/A N/A Total Floor Area/Ratio: N/A N/A Landscape Area/Coverage: N/A N/A Parking Required/Provided: N/A N/A G:\PLANNING\2008\PA08-0206 Public House Minor CUP\Planning\STAFF REPORT.doc 1 BACKGROUND SUMMARY Planning Application No. PA08-0206 was submitted on September 12, 2008. The plans were routed to the Building Department, Fire Prevention Bureau and Police Department for review. These departments recently reviewed and approved a Minor Modification application for the project site to allow the construction of outdoor patios, fire pits, and landscaping upgrades to accommodate the live entertainment and outdoor dining. Planning staff has been in contact with the Department of Alcoholic Beverage Control regarding this Minor Conditional Use Permit application and they have indicated that the applicant/owner was awarded one of the Type-47 licenses available this year in Riverside County through their lottery. ABC staff indicated notice of this award was issued to the business owner in October 2008 and the appropriate paperwork for the Type-47 license would need to be filed within 90 days (or by January 2009). The City of Temecula Police Department indicated that ABC training was previously conducted when the owner applied for their Type-41 license. The owner has requested an optional refresher training for his staff. As part of the Temecula Police Department protocol, when a business requests a Type-47 ABC license an alcohol review board meeting is held. This meeting was conducted with the City of Temecula Police Department and the applicant/owner on October 22, 2008, The Police Department has since indicated that they have no objections to the upgrade of this license and have issued Conditions of Approval. On October 6, 2008 both the Building and Safety Department and the Fire Prevention Bureau indicated that they had completed their review and had no comments or Conditions of Approval for the project. 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 Public House restaurant is located in the Tourist Retail Core (TRC) Zoning District of the Old Town Specific Plan. According to the land use matrix contained in the Specific Plan, restaurants with entertainment and/or serving beer, wine and distilled spirits in the TRC zoning district require the approval of a Conditional Use Permit. The Old Town Specific Plan also indicates that projects in Old Town are subject to the requirements contained within the supplemental development standards in Section 17.10 of the Development Code. The supplemental development standards require that the business obtain the appropriate license from the Department of Alcoholic Beverage Control. Staff has consulted with the Department.of Alcoholic Beverage control regarding this Minor Conditional Use Permit application and they have indicated that the restaurant currently holds an active Type-41 ABC license, and that the applicant has been awarded but not yet applied for a Type-47 ABC license. ABC will not issue the Type-47 license until the City approves the Minor Conditional Use Permit. Additionally, it is important to note that a Finding of Public Convenience or Necessity is not required to be made due to the fact that the restaurant has an existing Type-41 license and the Type-47 license, if approved, will not increase the number of existing on -sale license that exist within Census Tract 432.15. The supplemental development standards also require that businesses selling alcoholic beverages and requiring the approval of a Conditional Use Permit shall not be located within 500 feet of a religious institution, school or public park. Staff has consulted with the Geographic Information Systems department and confirmed that the business is not located within 500 feet of a sensitive use. The future Town Square plaza, while not a designated public park, will be located within 175 feet. The code states this adjacency requirement shall not apply when the alcohol -selling business and the sensitive use are both located with commercial or industrial G1PLANNING\2008\PA08-0206 Public House Minor CUP\Planning\STAFF REPORT.doc 2 zones, which is the situation for this project. The closest sensitive use is Sam Hicks Monument Park, which is located approximately 1,600 feet away. The applicant would also like to provide live entertainment at the restaurant during business hours. According to the statement of operations dated September 14, 2008, and supplemental details e-mailed to staff on October 9, 2008, the applicant would like to provide amplified and/or acoustic live and recorded entertainment. This would include bands, dj's, comedy, karaoke, and movies. The hours of operation for the restaurant are proposed to be: Monday through Wednesday 11 a.m. to 10 P.M. (food served until 10 p.m.) Thursday through Friday 11 a.m. to 2 a.m. (food served until 12 a.m.) Saturday 9 a.m. to 2 a.m. (food served until 12 a.m.) Sunday 9:30 a.m. to 10 p.m. (food served until 10 p.m.) The live entertainment would be provided after 6 p.m. Monday through Friday, and during normal business hours on Saturday and Sunday. The entertainment noise would be required to comply with the City's Noise Ordinance and general plan noise standards. Staff has included a condition of approval that no outdoor entertainment be allowed after 1 a.m. on any day to reduce potential noise impacts. In order to make the findings for approval of this Minor Conditional Use Permit, the proposed conditional use must be compatible with surrounding uses and structures. Staff has completed an analysis of the surrounding land uses. The Tourist Retail Core of the Old Town Specific Plan is characterized by both retail and residential mixed uses, aimed at serving the art and entertainment needs of both local residents and tourists visiting the Temecula Valley. The Public House restaurant is located within this area and is surrounded by other restaurants serving alcohol, retail and office uses. In addition, the City's future Town Square and Civic Center will be located approximately 100 feet east of the project site, adding to the daytime activity in Old Town. Staff has determined that the approval of the Minor Conditional Use Permit for the Public House restaurant, which would allow for live entertainment and authorize a Type- 47 ABC license for this facility, would be consistent and compatible with the nature, condition and development of the surrounding uses. The issuance of the Type-47 ABC license, and the approval of the project, as conditioned, is not anticipated to negatively affect the surrounding land uses or negatively impact the public health, safety and welfare of the community. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on November 8, 2008 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, a Minor Conditional Use Permit to allow for live entertainment and authorize a Type-47 ABC license for the Public House restaurant, has been deemed exempt from further environmental review. It has been determined that the project will not have a significant effect on the environment and is declared categorically exempt from further environmental review per CEQA Section 15301, Class 1 Existing Facilities. The CEQA guidelines indicate that the key consideration in determining if a project qulaifies for a Class 1 exemption is to determine whether the project involves negligible or no expansion of an existing use. The proposed project is for a land use approval and does not involve any new construction. The facility, a restaurant which has been G:\PLANNING\2008\PA08-0206 Public House Minor CUP\Planning\STAFF REPORT.doc 3 previously authorized to serve beer and wine, currently exists. The approval of this project, which will allow live entertainment and authorize a Type-47 ABC license, is a land -use approval and will take place within an existing restaurant. The only change to the existing land -use is that live entertainment will be provided and beer, wine and distilled spirits will be permitted to be served for consumption on the premises. FINDINGS Development Code Section 17.04.010.Conditional Use Pemits The proposed conditional use is consistent with the General Plan and the Development Code The proposed conditional use is consistent with the General Plan. The General Plan indicates that the Community Commercial Land Use designation anticipates land uses related to tourism in the city, including restaurants. The allowance for live entertainment and the issuance of the Type-47 license for the Public House restaurant, which will authorize the service of beer, wine and distilled spirits for consumption on the premises, will provide an additional convenience for tourist who may be visiting the area and is consistent with the intent of the General Plan. The project, as conditioned meets all applicable development code requirements, including the 500- foot sensitive use separation requirement for businesses selling alcoholic beverages. The proposed conditional use is compatible with the nature, condition and development of adjacant uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, builidngs and structures. The adjacent land uses include general retail -type uses, as well as a varitey of other restaurants that sell alcoholic beverages, including distilled spirits. All of the existing uses are commerical uses that are compatible with a restaurant providing live entertainment and serving beer, wine and distilled spirits. The Minor Conditional Use Permit, as conditioned is compatible with the nature, condition and development of the surrounding uses, buildings and structures and is not anticipated to adversely affect any of the existing businesses, buildings or structures. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping and other development features prescribed in this development code and required by the Dlrector of Planning in order to integrate the use with the other uses in the neighborhood. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, patios, fire pits, buffer areas, landscaping and other development features. The project, as conditioned, meets all applicable Development Code requirements. Additionally, all of the walls, fences, patios, fire pits, buffer areas and landscaping are being installed consistent with the approved Minor Modification for the property. The nature of the proposed use is not deterimental to the health, safety and general welfare of the community. The nature of the proposed use is not deterimental to the health, safety and general welfare of the community. The project will provide an added amenity and convenience for patrons visting and dining at the Public House restaurant. Project specific Conditions of Approval have been GAPLANNING OMPA08-0206 Public House Minor CUP\Planning\STAFF REPORT.doc 4 drafted and the owner will be required to abide by all of these conditions. The project, as conditioned, is compatible with the surrounding land uses and businesses and it not anticipated to have an adverse impact on the health, safety and general welfare of the community. ATTACHMENTS Vicinity Map 500-Foot Sensitive Use Buffer Map Plan Reductions DH Resolution Exhibit A - Draft Conditions of Approval Statement of Operations — September 14, 2008 and October 9, 2008 Notice of Public Hearing G:\PLANNING\2008\PA08-0206 Public House Minor CUP\PlanningWAFF REPORT.doc 5 VICINITY MAP GAPLANNING\2008TA08-0206 Public House Minor CURPlanningWAFF REPORT.doc 6 ZfD 140 420 560 500-FOOT SENSITIVE USE BUFFER MAP G:\PLANNING\2008\PA08-0206 Public House Minor CUP\Planning\STAFF REPORT.doc 7 `ISPncitivA l iQn .r;nn' Rt tffAr Highway 500 Ft. Buffer Religious Facilities Parks Schools N City Boundary rVfl I QU PLAN REDUCTIONS G:\PLANNING\2008\PA08-0206 Public House Minor CUP\PlanninglSTAFF REPORT.doc 8 II 1 Y %/ lZyy�,9OR p a J iansarsmefiRi: ��d r.Jui�liSt ``•• ruvmw�mi i r r Z b � idp ¢,p �y J �j h J J ,2 J 7� Iv DH RESOLUTION G:\PLANNING\2008\PA08-0206 Public House Minor CUP\Planning\STAFF REPORT.doc 9 DH RESOLUTION NO. 08-012 A RESOLUTION OF THE DIRECTOR OF PLANNING OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0260, A MINOR CONDITIONAL USE PERMIT TO ALLOW THE PUBLIC HOUSE RESTAURANT LIVE ENTERTAINMENT (BANDS/ DJ/ COMEDY/KARAOKE) AND TO UPGRADE THEIR EXISTING TYPE-41 ABC LICENSE (ON -SALE BEER AND WINE -EATING PLACE) TO A TYPE-47 ABC LICENSE (ON -SALE GENERAL - EATING PLACE) WHICH WOULD AUTHORIZE THE SALE OF BEER, WINE AND DISTILLED SPIRITS FOR CONSUMPTION ON THE PREMISES, LOCATED AT 41971 MAIN STREET IN OLD TOWN TEMECULA (APN 922-040-024). Section 1. Procedural Findings. The Director of Planning of the City of Temecula does hereby find, determine and declare that: A. On September 12, 2008, Gerry Kent filed Planning Application No. PA08- 0206, a Minor Conditional Use Permit, 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 Director of Planning, at a regular meeting, considered the Application and environmental review on November 20, 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 Director's Hearing and after due consideration of the testimony, the Director of Planning approved Planning Application No. PA08-0206, a Minor Conditional Use Permit for live entertainment and a Type-47 ABC license for the Public House Restaurant located at 41971 Main Street, subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA08-0206 conformed to the City of Temecula's General Plan and Development Code. Section 2. Further Findings. The Director of Planning, in approving Planning Application No. PA08-0206, hereby makes the following findings as required by Development Code Section 17.04.010. A. The proposed conditional use is in conformance with the General Plan for and Development Code for the City of Temecula; The proposed conditional use is consistent with the General Plan. The General Plan indicates that the Community Commercial Land Use designation anticipates land uses related to tourism in the City, including restaurants. The allowance for GAPLANNINGWOMPA08-0206 Public House Minor CUPTIanning0H resolution.doc live entertainment and the issuance of the Type-47 license for the Public House restaurant, which will authorize the service of beer, wine and distilled spirits for consumption on the premises, will provide an additional convenience for tourist who may be visiting the area and is consistent with the intent of the General Plan. The project, as conditioned meets all applicable development code requirements, including the 500-foot sensitive use separation requirement for businesses selling alcoholic beverages. B. The proposed conditional use is compatible with the nature, condition and development of the adjacent uses, buildings and structures, and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures; The proposed conditional use is compatible with the nature, condition and development of adjacent uses, builidngs and structures. The adjacent land uses include general retail -type uses, as well as a varitey of other restaurants that sell alcoholic beverages, including distilled spirits. All of the existing uses are commerical uses that are compatible with a restaurant providing live entertainment and serving beer, wine and distilled spirits. The Minor Conditional Use Permit, as conditioned is compatible with the nature, condition and development of the surrounding uses, buildings and structures and is not anticipated to adversely affect any of the existing businesses, buildings or structures. C. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, fences, parking and loading facilities, buffer areas, landscaping and other development features prescribed by this development code and required by the Director of Planning in order to integrate the use with the other uses in the neighborhood; The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, patios, fire pits, buffer areas, landscaping and other development features. The project, as conditioned, meets all applicable Development Code requirements. Additionally, all of the walls, fences, patios, fire pits, buffer areas and landscaping are being installed consistent with the approved Minor Modification for the property. D. The nature of the proposed use is not detrimental to the health, safety and general welfare of the community; The nature of the proposed use is not deterimental to the health, safety and general welfare of the community. The project will provide an added amenity and convenience for patrons visting and dining at the Public House restaurant. Project specific Conditions of Approval have been drafted and the owner will be required to abide by all of these conditions. The project, as conditioned, is compatible with the surrounding land uses and businesses and it not anticipated to have an adverse impact on the health, safety and general welfare of the community. G1PLANNING2008TA08-0206 Public House Minor CUPTIanningQ11 resolution.doc Section 3. Environmental Findings. The Director of Planning 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). In accordance with the California Environmental Quality Act, the proposed project, a Minor Conditional Use Permit to allow for live entertainment and authorize a Type-47 ABC license for the Public House restaurant, has been deemed exempt from further environmental review. It has been determined that the project will not have a significant effect on the environment and is declared categorically exempt from further environmental review per CEQA Section 15301, Class 1 (Existing Facilities). The CEQA guidelines indicate that the key consideration in determining if a project qulaifies for a Class 1 exemption is to determine whether the project involves negligible or no expansion of an existing use. The proposed project is for a land use approval and does not involve any new construction. The facility, a restaurant which has been previously authorized to serve beer and wine, currently exists. The approval of this project, which will allow live entertainment and authorize a Type-47 ABC license, is a land -use approval and will take place within an existing restaurant. The only change to the existing land -use is that live entertainment will be provided and beer, wine and distilled spirits will be permitted to be served for consumption on the premises. Section 4. Conditions. The Director of Planning of the City of Temecula approves Planning Application No. PA08-0206, a Minor Conditional Use Permit to authorize the Public House restaurant, located at 41971 Main Street, to provide live entertainment and to upgrade their existing Type-41 ABC license (on -sale beer and wine — eating place) to a Type-47 ABC license (on -sale general — eating place), which would allow for the sale and service of beer, wine and distilled spirits for consumption off the premises, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. G:\PLANNING\2008\PA08-0206 Public House Minor CUP\Planning0H resolution.doc Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Director of Planning this 20th day of November 2008 Debbie Ubnoske, Director of Planning I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 08- was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 20th day of November 2008. Cynthia Lariccia, Secretary GAPLANNING\2008\PA08-0206 Public House Minor CUP\PlanninglDH resolution.doc EXHIBIT A DRAFT CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLUS: INITIALS: PLANNER: G1PLANNING\2008\PA08-0206 Public House Minor CUP\Planning\DRAFT COA's EXHIBIT A.doc 1 EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA08-0206 Project Description: A Minor Conditional Use Permit to allow The Public House restaurant live entertainment (bands/dj/comedy/karaoke) and to upgrade their existing Type-41 ABC license (on -sale beer and wine -eating place) to a Type-47 ABC license (on -sale general - eating place) which would authorize the sale of beer, wine and distilled spirits for consumption on the premises, located at 41971 Main Street in Old Town Temecula Assessor's Parcel No.: 922-040-024 MSHCP Category: N/A DIF Category: N/A TUMF Category: N/A Approval Date: November 20, 2008 Expiration Date: November 20, 2010 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)). PL-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 PL-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 G:\PLANNING\2008\PA08-0206 Public House Minor CUP\Planning\DRAFT COA's EXHIBIT A.doc 3 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. PL-4. The permittee shall obtain City approval for any modifications or revisions to this Conditional Use Permit. PL-5. The approval of this Conditional Use Permit shall be used within two years of the approval date; or the approval shall become null and void. If commencement of the Conditional Use Permit has not occurred within two years of the approval date an extension of time application may be filed consistent with all Development Code requirements. PL-6. 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. PL-7. A separate building permit shall be required for the patio addition. PL-8. A premises expansion for the patio area shall be reviewed and approved by the Department of Alcoholic Beverage Control in order to properly license the patio area. PL-9. The applicant shall comply with their Statement of Operations dated September 14, 2008, as expanded and modified via email dated October 9, 2008 on file with the Planning Department, unless superseded by these Conditions of Approval. PL-10. The normal business hours of operations shall be: Monday through Wednesday 11 a.m. to 10 p.m. (food served until 10 p.m.) Thursday through Friday 11 a.m. to 2 a.m. (food served until 12 a.m.) Saturday 9 a.m. to 2 a.m. (food served until 12 a.m.) Sunday 9:30 a.m. to 10 p.m. (food served until 10 p.m.) PL-11. The live entertainment shall only be provided after 6 p.m. Monday through Friday, and during normal business hours on Saturday and Sunday, with the exception that live entertainment may not be allowed outdoors after 1 a.m. PL-12. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. G:\PLANNING\2008\PA08-0206 Public House Minor CUP\Planning\DRAFT COA's EXHIBIT A.doc 4 PL-13. 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. PL-14. 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-15. 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-16. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. POLICE DEPARTMENT General Requirements PD-1. 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). G:\PLANNING\2008\PA08-0206 Public House Minor CUP\Planning\DRAFT CONS EXHIBIT A.doc 5 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 buy them drinks, alcoholic or non-alcoholic; (b) pay or agree to pay such an employee a percentage of the receipts from the sales of drinks solicited; (c) permit any person whether an employee or not, to loiter for the purpose of soliciting an alcoholic drink. 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 (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). PD-8. Police officers, sheriffs deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer (Sections 25616, 25753, and 25755 B&P; 148 and 241 (b) PC). 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). GAPLANNING\2008\PA08-0206 Public House Minor CUP\PlanningORAFT COA's EXHIBIT A.doc 6 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. Refer any and all questions regarding this condition to the Crime Prevention and Plans Officer, (951) 695-2773. GAPLANNING\2008\PA08-0206 Public House Minor CUP\Planning\DRAFT COA's EXHIBIT A.doc 7 STATEMENT OF OPERATIONS SEPTEMBER 14, 2008 OCTOBER 9, 2008 an Striet The Public House Temmia! CA 2590 September 14, 2008 To whom it may concern: This letters purpose is to be our statement of operations. Hours and days of operation —Mon thru Thurs 11 am-10pm / Fri thru Sun 10am —1am Number of employees —14 Average peak trips generated — We have no in or out parking for our actual location on main. Our average peak trips generated would be 10 per day Type of equipment or processes used — Amplified, acoustic live and recorded entertainment Description of hazardous materials — None to list Other — Great place with multiple atmospheres, great food and entertainment Perfect addition to Old Town. Sincerely, Gerry Kent Public House Owner/Executive Chef Cheryl Kitzerow From: Gerry Kent [gerry@theforgeonline.net] Sent: Thursday, October 09, 2008 10:20 PM To: Matt Peters; Cheryl Kitzerow Cc: Patrick Richardson; Debbie Ubnoske Subject: RE: Public House Minor CUP - PA08-0206 Hi Matt and all others that receive, Please define what "open mic" means and are you planning to have karaoke? Yes this would be Karaoke, Comedy and or Movie Night (Big Screen see Stone Beer and Wine Garden in Escondido) www.stonewoddbistro.com They have a great thing going down there... Think it would really add something to old town! 2. Please define the hours of operation for the restaurant and bar. Does the restaurant ever close before the bar, or is food served during all hours of operation? To start our plan is this... If the above was to take off I could see Monday through Wednesday being later... but that's probly a year out... Next summer Mon -Wed 11am-10pm. Kitchen staying open till 10pm Thurs-Fri 11 am-2am. Kitchen staying open till 12am Sat 9:30am -2am Kitchen staying open till 12am Sun 9:30am-10pm Kitchen staying open till 10pm ciff-er 3. Amplified music, dj, etc... will not be allowed outside aMii-1 am. Please provide an appropriate time limit for each day of the week. With the above Schedule in mind.... I am happy to turn the music off at lam outside I need sleep too Thanks so much Gerry Kent The Public House 951-551-7496 NOTICE OF PUBLIC HEARING GAPLANNING\2008TA08-0206 Public House Minor CUP\Planning�STAFF REPORT.doc 11 Notice of Public Hearing A PUBLIC HEARING has been scheduled before the CITY OF TEMECULA DIRECTOR'S HEARING to consider the matter described below: Case No: PA08-0206 Applicant: Gerry Kent, owner of Public House restaurant Proposal: A Minor Conditional Use Permit to allow the Public House restaurant live entertainment and to upgrade their existing Type-41 ABC license (on -sale beer and wine -eating place) to a Type-47 ABC license (on -sale general - eating place), located at 41971 Main Street Environmental: 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 issued in compliance with CEQA (Section 15301, Class 1, Existing Facilities) Case Planner: Matt Peters/Cheryl Kitzerow Place of Hearing: City of Temecula, Main Conference Room Date of Hearing: November 20, 2008 Time of Hearing: 1:30 p.m. J / < pp , Fee T Any person may submit written comments to the Planning Director 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 Director is controlled by the statute of limitations provisions set forth in Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. Any action or proceeding to attack, review, set aside, or void any decision of the Planning Director is controlled by Chapter 2.36 of the Temecula Municipal Code. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Director shall be limited to those issues raised at the hearing as provided in Chapter 2.36 of the Temecula Municipal Code. Copies of the procedures for the conduct of City Council, Planning Commission, and Planning Director public hearings are available from the City Clerk. If you wish to challenge the above [project] in court, the challenge will be limited to only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice, and must be commenced within the time limit specified in Section 1094.5 and Section 1094.6 of the California Code of Civil Procedure. 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) 694-6400 STAFF REPORT — PLANNING CITY OF TEMECULA DIRECTOR'S HEARING DATE OF MEETING: November 20, 2008 PREPARED BY: Eric Jones, Case Planner PROJECT Planning Application Number PA08-0154, a Minor Conditional Use SUMMARY: Permit for the Iron Wok to conduct live entertainment with a band or disc jockey, and a dance area, located at 26520 Ynez Road RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15301, Class 1, Type: Existing Faclity PROJECT DATA SUMMARY Name of Applicant: Jessica Large General Plan Specific Plan No. 7 - Temecula Regional Center Designation: Zoning Designation: Community Commercial Existing Conditions/ Land Use: Site: Existing Restaurant North: Promenade Mall Entrance Road/Existing Retail (SP7 - CC) South: Existing Retail (SP7 - CC) East: Promenade Mall/Parking Facilities(SP7 - CC) West: Ynez Road/Existing Shopping Center (CC) Existing/Proposed Min/Max Allowable or Required Lot Area: N/A N/A Total Floor Area/Ratio: N/A N/A Landscape Area/Coverage: N/A N/A Parking Required/Provided: N/A N/A BACKGROUND SUMMARY Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. The proposed Conditonai G:\PLANNING\2008\PA08-0154 Iron Wok Minor CUP\Planning\STAFF REPORT.doc 1 Use Permit is designed to allow the Iron Wok to conduct live entertainment. A Conditional Use Permit is required for live entertainment per Specific Plan No. 7, Temecula Regional Center. It must be noted that the applicant has been providing live entertainment under a recently approved Major Temporary Use Permit (PA08-0091). ANALYSIS The Iron Wok Asian Bistro is an existing restaurant located within the Temecula Regional Center that would like to conduct live entertainment. Per the Statement of Operations, the entertainment will consist of live music in the form of a disc jockey or band. A dance area will be provided inside the restaurant and on the patio as well. Hours for the live entertainment are as follows: • Thursday, Friday, and Saturday: 9:00 p.m. to 1:30 a.m. • Sunday: 4:00 p.m. to 9:00 p.m. The proposed live entertainment will cause an increase in patrons during these hours. The applicant has indicated that 6-8 security guards will be in attendance for each event. These security guards will be provided by a licensed and bonded company specializing in security services. In addition, 15-20 employees will be on hand during each event in order to provide typical restaurant/bar services. The increase in patrons will also affect parking for the site. The restaurant currently has 51 parking spaces on its property. It is important to note that all proposed activities will take place within the existing restaurant and its attached outdoor patio, thus parking will not need to be eliminated. Although additional parking is not required, the applicant has secured overflow parking directly across the adjacent ring road in front of Macy's. The applicant has also provided staff with letters of permission from both Promenade Mall and Macy's management for the use of this parking area. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on November 8, 2008 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). Live entertainment is a common ancillary use for restaurants. The applicant has proposed no internal or external structural modifications to the building to accommodate the proposed use. Therefore the use involves a negligible expansion of an existing use. FINDINGS The proposed conditional use is consistent with the General Plan and the Development Code. The conditional use is consistent with the City of Temecula General Plan and Development Code. Both the General Plan and Development Code have anticipated restaurant uses within GAPLANNING\2008\PA08-0154 Iron Wok Minor CUP\Planning\STAFF REPORT.doc 2 commercial zoning areas. In addition, the Development Code provides stipulations for restaurants proposing live entertainment. 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 is compatible with the nature, condition and development of adjacent uses, buildings and structures. The conditional use has also been reviewed by the City of Temecula Planning, Fire, Building and Safety, Public Works and Police Departments to ensure the events will operate safely and not affect any 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 the Development Code and required by the Planning Commission or council in order to integrate the use with other uses in the neighborhood. The site for the conditional use is adequate in size and shape to accommodate the yards, walls, fences, loading facilities, buffer areas, landscaping and other development features described in the City of Temecula Development Code. The applicant has secured additional overflow parking near Macy's to accommodate their patrons. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The proposed project is consistent with the requirements outlined in Chapter 17.04.010 of the City of Temecula's Development Code. The City of Temecula Planning, Fire, Building and Safety, Public Works and Police Departments have reviewed and conditioned this Conditional Use Permit and determined that it will not be detrimental to the health, safety and welfare of the community. In addition, the Riverside County Department of Environmental Health has also reviewed and conditioned the project. 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 has been based on substantial evidence in view of the record as a whole. ATTACHMENTS Aerial Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Notice of Public Hearing GAPLANNING\2008\PA08-0154 Iron Wok Minor CUP\Planning\STAFF REPORT.doc 3 AERIAL MAP PLAN REDUCTIONS eyeuawmd elnaewel }Itr!'til l!�I�! It!flltE fix'} fi} e� ems,. NVId NOIlOnH1SNOO OH ISIS INIHO NOM NOHI $• �� °C -�� I th!}fit;El aGifx,;.���f}.I}r!r}x}ll;,�,�:a�is��€,iE Y z Z 01 Uk yarp. % s .i� € 5e < ➢y ig Ei l= x 4 m�-D;(D a8�a6e.ae@-?a@r w J � Far 9i@i:g�pvE'e@i3 � }eelEaBI�'ri9':�a� 8agy 9 Y w Q 1g� ow J $9s En, ?gs 6g$ 4 g$4F gggt O 000000®00000 5 r �p t pfp °z }! 9 ��°sssa�g`s�gla;s jA 00000�oo 0 0 0 0 i�b�y77 € �p$g ;pp WW ryiryyey g�g� w w oo©oo iipp N 55 Sp: it a i zz € S�3'r pYp E� T a i - E o.. m r m m y i � D , Z n D m Fli D rl m x p H \S' u y o p � ± > m p o -u IRON WOK CHINA BISTRO CD D t520 YNEZ ROAD o TFWECULA, CA 92591 z lllml*l@lmwGlZ DH RESOLUTION NO. 08- A RESOLUTION OF THE DIRECTOR OF PLANNING OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0154, A MINOR CONDTIONAL USE PERMIT FOR THE IRON WOK TO CONDUCT LIVE ENTERTAINMENT WITH A BAND OR DISC JOCKEY, AND A DANCE AREA, LOCATED AT 26520 YNEZ ROAD Section 1. Procedural Findings. The Director of Planning of the City of Temecula does hereby find, determine and declare that: A. On July 8, 2008 Jessica Large , filed Planning Application No. PA08-0154 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 Director of Planning, at a regular meeting, considered the Application and environmental review on November 20, 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 Director's Hearing and after due consideration of the testimony, the Director of Planning approved Planning Application No. PA08-0154 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA08-0154, conformed to the City of Temecula's General Plan and Development Code. Section 2. Further Findings. The Director of Planning, in approving Planning Application No. PA08-0154, hereby makes the following findings as required by Conditional Use Permit, Section 17.04.010.E.1. A. The proposed use is consistent with the General Plan and the Development Code; The conditional use is consistent with the General Plan and Development Code. Both these documents anticipate restaurant uses within commercial zones. In addition, the Development Code provides stipulations for restaurants proposing live entertainment. 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 is compatible with the nature, condition and development of adjacent uses, buildings and structures. The conditional use has G:IPLANNINGt2008\PA08-0154 Iron Wok Minor CUPTIanning0H Resolution.doc also been reviewed by the City of Temecula Police, Fire, Building and Safety, Public Works and Police Departments to ensure the events will operate safely and not affect any 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 the Development Code and required by the Planning Commission or council in order to integrate the use with other uses in the neighborhood; The site for the conditional use is adequate in size and shape to accommodate the yards, walls, fences, loading facilities, buffer areas, landscaping and other development features described in the City of Temecula Development Code. The applicant has secured additional overflow parking near Macy's to accommodate their patrons. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The proposed project is consistent with the requirements outlined in Chapter 17.04.020 of the City of Temecula's Development Code. The City of Temecula Fire, Building and Safety, Public Works and Police Departments have reviewed and conditioned this Conditional Use Permit and determined that it will not be detrimental to the health, safety and welfare of the community. In addition, the Riverside County Department of Environmental Health has also reviewed and conditioned the project. 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 has been based on substantial evidence in view of the record as a whole. Section 3. Environmental Findings. The Director of Planning 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). 1. Live entertainment is a common ancillary use for restaurants. The applicant has proposed no internal or external structural modifications to the building to accommodate the proposed use. Therefore the use involves a negligible expansion of an existing use. G:TLANNINWOWPA08-0154 Iron Wok Minor CUPTIanning\DH Resolution.doc Section 4. Conditions. The Director of Planning of the City of Temecula approves Planning Application No. PA08-0154, A Minor Condtional Use Permit for the Iron Wok to conduct live entertainment with a band or disc jockey. A dance area will also be provided, generally located on the southeast corner of Ynez Road and Promenade Mall North at 26520 Ynez 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 Director of Planning this 20th day of November 2008 Debbie Ubnoske, Director of Planning I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 08- was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 20th day of November 2008. Cynthia Lariccia, Secretary G1PLANNING200MPA08-0154 Iron Wok Minor CUPTIanningTH Resolution.doc EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA08-0154 Project Description: A Minor Condtional Use Permit for the Iron Wok to conduct live entertainment with a band or diskjockey, with dance area, located at 26520 Ynez Road Assessor's Parcel No.: 910-320-050 MSHCP Category: Exempt DIF Category: N/A TUMF Category: Exempt Approval Date: November 20, 2008 Expiration Date: November 20, 2010 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)). PL-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 PL-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. PL-4. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-5. 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-6. 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. PL-7. This project and all subsequent projects within this site shall be consistent with Specific Plan No. SP7 - Temecula Regional Center. PL-8. The applicant shall comply with their Statement of Operations dated July 7, 2008, on file with the Planning Department, unless superseded by these Conditions of Approval. PL-9. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL-10. 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. PL-11. 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-12. 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-13. Regular hours for the special events at the. Iron Wok Asian Bistro shall be as follows: Thursday, Friday and Saturday, 9:00 pm to 1:30 am. Sunday from 4:00 pm to 9:00 pm. PL-14. The applicant shall abide by all requirements stipulated by the California Department of Alcoholic Beverage Control. OUTSIDE AGENCIES PL-15. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated July 22, 2008, a copy of which is attached. FIRE PREVENTION F-1. Extension cords shall be of commercial type and be in good working condition. Extension cords shall not be subjected to physical damage. Extension cords shall be maintained in good condition without splices, deterioration or damage. (CFC Section 605.5) F-2. Emergency egress paths must be maintained and kept clear through out the event(s). F-3. Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 503.2, 503.4 and City Ordinance 15.16.020 Section E) POLICE DEPARTMENT PD-1. Based upon the type of events, there are no requirements for additional police officers to be present. PD-2. Applicant will ensure no loitering occurs on or adjacent to its premises during hours of operation. PD-3. Applicant will ensure sufficient lighting is provided for customers during hours of darkness if hours of operation extend into the night. PD-4. No activities relating to this event will take place outside of the designated perimeter. PD-5. At no time will any public road closures occur without prior approval from the Temecula City Council. PD-6. Applicant will be responsible for any cost incurred by the Police Department if additional officers are required because of traffic problems/congestion, public disturbance or where the need for police presence is required. PD-7. The Temecula Police Department reserves the right to stop, cancel or temporarily delay all or portions of any activities occurring at this establishment, when police or public safety becomes an issue. PD-8. For public safety, due to the parking lot that is adjacent to the restaurant located on the Temecula Promenade Mall property, the applicant must have written permission from the Mall Management Group to use a portion of the parking lot. If permission is granted, the applicant will ensure sufficient lighting is provided for customers during hours of darkness that park in the adjacent parking lot. COUNTY OF RIVERSIDE a COMMUNITY HEALTH AGENCY DEPARTMENT OF ENVIRONMENTAL HEALTH JUL 3 0 20M City of Temecula Planning Department c/o Eric Jones PO BOX 9033 Temecula, CA 92589-9033 22 July 2008 RE: PA08-0154 The Department of Environmental Health (DEH) has received and reviewed the PA08- 0154 for the minor Conditional Use Permit for the Iron Wok to conduct live entertainment with a band or a DJ. located at 26520 Ynez Road under applicant: Edge Consulting. The minor CUP is required to provide the City of Temecula/ and DEH "will serve letters" for the water and sewer availability. The minor Conditions of Approval for the Iron Wok- PA08-0154) includes a restaurant. The restaurant is considered a food facility and the applicant shall contact this Department at 951.461.0284 for food plan check compliance by the County of Riverside DEH. If your have any questions, please do not hesitate to call me at 951.955.8980 Sincerely, 'ahel Gregor Dellenbach, REHS EHS081145 ($234.00) Local Enforcement Agency • PO. Box 1280, Riverside, CA 92502-1280 • (909) 955-8982 • FAX (909) 781-9653 • 4080 Lemon Street, 9th Floor, Riverside, CA 92501 Land Use and Water Engineering • P.O. Box 1206, Riverside, CA 92502-1206 - (909) 955-8980 • FAX (909) 955-8903 • 4080 Lemon Street, 2nd Floor, Riverside, CA 92501 NOTICE OF PUBLIC HEARING Notice of Public Hearing A PUBLIC HEARING has been scheduled before the CITY OF TEMECULA DIRECTOR'S HEARING to consider the matter described below: Case No: PA08-0154 Applicant: Jessica Large Proposal: A Minor Conditional Use Permit for the Iron Wok to conduct live entertainment with a band or disk jockey, and with a dance area provided, generally located on the southeast corner of Ynez Road and Promenade Mall North at 26520 Ynez Road Environmental: 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 issued in compliance with CEQA (Section 15301, Class 1 Existing Facilities Case Planner: Eric Jones Place of Hearing: City of Temecula, Main Conference Room Date of Hearing: November 20, 2008 Time of Hearing: 1:30 p.m. i Project Site i� 4 Any person may submit written comments to the Planning Director 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 Director is controlled by the statute of limitations provisions set forth in Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. Any action or proceeding to attack, review, set aside, or void any decision of the Planning Director is controlled by Chapter 2.36 of the Temecula Municipal Code. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Director shall be limited to those issues raised at the hearing as provided in Chapter 2.36 of the Temecula Municipal Code. Copies of the procedures for the conduct of City Council, Planning Commission, and Planning Director public hearings are available from the City Clerk. If you wish to challenge the above [project] in court, the challenge will be limited to only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice, and must be commenced within the time limit specified in Section 1094.5 and Section 1094.6 of the California Code of Civil Procedure. 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) 694-6400 REQUESTS TO SPEAK DIRECTOR'S HEARING REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the Minute Clerk. Thank You! Date: 6.)—dJ 1 wish to speak on Agenda Item No.: Subject: ,d/n� m� G Name: Address:;��� For ❑ Against uo� G City/State/Zip-:-; Phone: If you are presenting an or nizatio or cjroup, please give the name: The Planning Director will call your name when the matter comes up. Please go to the podium and state your name and address for the record. Thank you! DIRECTOR'S HEARING REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the Minute Clerk. Thank You! Date: i/ -0 0 9 1 wish to speak on Agenda Item No.: For ❑ Against LE Subject: Name: Address: / City/State/Zip: ✓�����, j/1� , Phone: If you are re�rejen ng a -organization or group pie se give the name: The Planning Director will call your name when the matter comes up. Please go to the podium and state your name and address for the record. Thank you! DIRECTOR'S HEARING REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the Minute Clerk. Thank You! Date: ZZ421, I wish to speak on Agenda Item No.: For Against Subject: �_ C� �Yy La L' Name:LEl (,kl— Address: / � City/State2ip: Phone: � If you are representing an organization or group, please give the name: The Planning Director will call your name when the matter comes up. Please go to the podium and state your name and address for the record. Thank you!