Loading...
HomeMy WebLinkAbout08_022 DH ResolutionDH RESOLUTION NO. 08-022 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 17.04.010.11.1. 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 GAPLANNING\2008\PA08-0154 Iron Wok Minor CUP\Planning\DH 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. GAPLANNING\2008\PA08-0154 Iron Wok Minor CUP\Planning\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. 08-022 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 riccia, Secretary G:\PLANNING\2008\PA08-0154 Iron Wok Minor CUP\Planning0H Resolution.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.: PA08-0154 Project Description: Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Approval Date: Expiration Date: PLANNING DEPARTMENT A Minor Conditional Use Permit for the Iron Wok to conduct live entertainment with a band or diskjockey, with dance area, located at 26520 Ynez Road 910-320-050 Exempt N/A Exempt 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. 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 p.m. to 1:30 a.m. Sunday from 4:00 p.m. to 9:00 p. M. 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 • COMMUNITY HEALTH AGENCY DEPARTMENT OF ENVIRONMENTAL HEALTH JUL 3 0 2008 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, 'M~W Gregor Dellenbach, REHS EHS081145 ($234.00) ;a Enforcement Agency • P.O. Box 1280, Riverside, CA 92502_1280 • (909) 955-8982 • FAX (909) 781-9653 • 4080 Lemon.Street, 9th Floor, Riverside, CA 92501 .