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HomeMy WebLinkAbout112008 DH Minutes MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA DIRECTOR'S HEARING NOVEMBER 20, 2008 A regular meeting of the City of Temecula Director's Hearing was called to order on Thursday, November 20, 2008 at 1:32 p.m. in the Main Conference Room, located at 43200 Business Park Drive, Temecula, California. Director of Planning Ubnoske presiding. Also present were Deputy Planning Director Richardson, Senior Planner Stuart Fisk, Associate Planner Matt Peters, Junior Planner Eric Jones, and Minute Clerk Cynthia Lariccia. Item No. 1: Planning Application No PA08-0196 a Minor Conditional Use Permit for Starbuzz Hookah Lounge in Suites 108 and 109 in an existing shopping center, located at 32483 Temecula Parkway Associate Planner presented an overview of the project and staff recommendations. The applicant is requesting to operate the proposed hookah lounge as a private members-only club in the Wolf Store Park Retail Shopping Center located in the Highway Tourist Commercial zoning district on the south side of Temecula Parkway. According to the Development Code, the approval of a Conditional Use Permit is required. 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. The applicant's Statement of Operations and their legal representative identifies that they are in conformance with the Labor Code. No alcohol will be served in the facility which will operate from 5 p.m. to 1 a.m. daily. In accordance with the California Environmental Quality Act, the proposed project has been deemed categorically exempt from further environmental review per Section 15301, Class 1 Existing Facilities. Planning Director asked the applicant to state his name for the record and if he reviewed the Conditions of Approval and was in agreement with them. Mohammad Shaath, 32483 Temecula Parkway, reviewed the Conditions of Approval and was in agreement. Planning Director opened the public hearing. No other persons were in attendance to speak in opposition or support of the project. Planning Director closed the public hearing and approved Planning Application No. PA08-0196 subject to the Conditions of Approval. Item No. 2: Planning Application No. PA08-0206 a Minor Conditional Use Permit to allow the Public House love 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. Planning Director opened the public hearing. Associate Planner presented an overview of the project and staff recommendations. The Public House is proposing live entertainment, which would include bands, dj's, comedy, karaoke, and movies, 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. RADirectors Hearing\MINUTES\2008\11-20-08 minutes.doc Staff has also discussed with the applicant the bathroom requirements based upon occupancy load and the prior modification for the outdoor patio. Applicant is proposing to use temporary portable bathrooms for a limited time until they can build permanent bathroom structures to meet Building and Fire Codes. Planning Director stated the addition of language to Conditional of Approval No. 11 which will state "occupancy for the patio must be determined and posted by the Fire Department." In accordance with the California Environmental Quality Act, the proposed project has been deemed categorically exempt from further environmental review per Section 15301, Class 1 Existing Facilities. Planning Director asked the applicant to state his name for the record and if he reviewed the Conditions of Approval and was in agreement with them. Gerry Kent, 41971 Main Street, reviewed the Conditions of Approval and was in agreement. Planning Director opened the public hearing. Mike and Rosa Thesing, 30291 Via Brisa, Temecula, Rosa's Cantina, presented letters to Associate Planner opposing the Conditional Use Permit for the Public House to be read into the record (copies of which are attached to these minutes). Mr. Thesing also commented on the problem of parking from patrons of the Theater and the Bank Restaurant. His lot is private and he has posted signs citing cars will be towed and included the cost of towing and storage on these signs. He expressed concerns of liability on his lot as patrons from the Public House may not be in control when removing their cars from his lot. Ms. Thesing stated that the night manager has been unable to clean the lot after closing due to the parking situation. Mr. Kent addressed the parking concerns. He suggested that he post signs in the Public House that patrons not park in Rosa's Cantina's lot. He also apologized for any inconvenience but stated that parking problems are an ongoing issue in Old Town. Richard Leigh, 28656 Old Town Front Street, spoke in favor of new business to Old Town. His only concern was how the live music would affect the future residential sections of Old Town as well as his future project for outdoor dining at his establishment. Planning Director stated that the Old Town Specific Plan doesn't require on-site parking and that the City cannot deny the Conditional Use Permit application because of parking. The noise concerns raised can be addressed through the City's Noise Ordinance and a permit could be revoked for violations. In order to begin a process to evoke a permit, the City must have documentation that noise or parking violations have occurred. Planning Director will also speak to the Police Department on patrolling the area around Rosa's after closing. Deputy Planning Director suggested the possibility of a locked box or "Knox Box" on the lot. The Fire Department would be able to gain access to the lot with a key. Planning Director stated that she and staff would explore this possibility with the Fire Department. Planning Director closed the public hearing. No other persons were in attendance to speak in opposition or support of the project. Planning Director approved Planning Application No. PA08-0206 subject to the modifications to the Conditions of Approval. RADirectors HearingWINUTES\2008\11-20-08 minutes.doc Item No. 3: Planning Application No. PA08-0154, a Minor Conditional Use Permit for the Iron Wok to conduct live entertainment with a band or disk iockev, and a dance area, located at 26520 Ynez Road Junior Planner presented an overview of the project and staff recommendations. The Iron Wok is an existing restaurant next to the Promenade Mall area. Hours of entertainment would be Thursday, Friday and Saturday from 9:00 p.m. to 1:30 a.m., and Sunday from 4:00 p.m. to 9:00 p.m. In accordance with the California Environmental Quality Act, the proposed project has been deemed categorically exempt from further environmental review per Section 15301, Class 1 Existing Facilities. Planning Director asked the applicant to state his name for the record and if he reviewed the Conditions of Approval and was in agreement with them. Vincente Carrio, 26520 Ynez Road, Temecula, reviewed the Conditions of Approval and was in agreement. No other persons were in attendance to speak in opposition or support of the project. Planning Director closed the public hearing and approved Planning Application No. PA08-0154 subject to the Conditions of Approval. There being no further business, the hearing was adjourned at 2:19 p.m. D4&N Debbie Ubnoske R1Directors Hearing\MINUTES\2008\11-20-08 minutes.doc