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HomeMy WebLinkAbout09_005 DH ResolutionDH RESOLUTION NO. 09-005 A RESOLUTION OF THE DIRECTOR OF PLANNING OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0253, A MINOR CONDITIONAL USE PERMIT TO ALLOW THE EDGE RESTAURANT & LOUNGE TO PURSUE A TYPE-47 ALCOHOL LICENSE AND LIVE ENTERTAINMENT LOCATED AT 28544 OLD TOWN FRONT STREET, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF OLD TOWN FRONT STREET AND 5T" STREET (APN 922-033-009) Section 1. Procedural Findings. The Director of Planning of the City of Temecula does hereby find, determine and declare that: A. On November 3, 2008, Simon Curtis, filed Planning Application No. PA08- 0253 a Minor 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 February 26, 2009, 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. PA08-0253 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA08-0253, conformed to the City of Temecula's General Plan Development Code. Section 2. Further Findings. The Director of Planning, in approving Planning Application No. PA08-0253, hereby makes the following findings as required by Conditonal Use Permit, Section 17.04.010.E.1. A. 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 commercial zoning areas. In addition, the Development Code provides stipulations for restaurants proposing alcohol consumption and 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 also been reviewed by the City of Temecula Planning, Fire, Building and Safety, Public Works and Police Department to ensure the live entertainment and alcohol consumption 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 City 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 as well as other governing regulations. This includes the enclosed outdoor patio areas that are required for the consumption of alcohol. 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 17.04.010 of the City of Temecula's Development Code. The City of Temecula Planning, Fire, Building and Safety, Public Works and Police Departments have reviewed this Conditional Use Permit and determined that it will not be detrimental to the health, safety and welfare of the community as conditioned. 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); Live entertainment is a common ancillary use for restaurants. In addition, a Type 47 license allowing for the on premise consumption of beer, wine, and distilled spirits is also common for restaurants. The Edge Restaurant and Lounge will be located within an existing building. Therefore the use only requires minor alterations to an existing private structure. Section 4. Conditions. The Director of Planning of the City of Temecula approves Planning Application No. PA08-0253, A Minor Conditional Use Permit to allow the Edge Restaurant & Lounge to pursue a Type-47 alcohol license and live entertainment at 28544 Old Town Front Street, generally located on the southeast corner of Old Town Front Street and 5th, 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 26th day of February 2009 Patrick Richardson, City Planner I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 09-005 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 26 day of February 2009. Cynt Lariccia, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLUS: INITIALS: PLANNER: G:\PLANNING\2008\PA08-0253 Edge Restaurant CUP\Planning\EXHIBIT A.doc EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA08-0253 Project Description: A Minor Conditional Use Permit to allow the Edge Restaurant & Lounge to pursue a Type-47 alcohol license and live entertainment within an existing building located at 28544 Old Town Front Street, generally located at the southeast corner of Old Town Front Street and 5n, Street Assessor's Parcel No.: 922-033-008 MSHCP Category: Exempt DIF Category: N/A TUMF Category: Exempt Approval Date: February 26, 2009 Expiration Date: February 26, 2011 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 GAPLANNING\2008TA08-0253 Edge Restaurant CUPTIanning\EXHIBIT A.doc 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. 5 (Old Town). PL-8. A separate building permit shall be required for all signage. PL-9. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL-10. The applicant shall comply with their Statement of Operations dated February 3, 2009, on file with the Planning Department, unless superseded by these Conditions of Approval. PL-11. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL-12. 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-13. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer GAPLANNING\2008\PA08-0253 Edge Restaurant CUP\Planning\EXHIBIT A.doc 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 and/or the City of Temecula Police Department. PL-14. 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-15. The applicant shall ensure that any outdoor sound system does not adversly impact the immediately adjacent public right-of-way or surrounding businesses. OUTSIDE AGENCIES PL-16. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated November 14, 2008, a copy of which is attached. FIRE PREVENTION General Requirements 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 throughout 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 General Requirements PD-1. Any questions regarding these conditions can be referred to the Police Department Crime Prevention and Plans Unit at 951-695-2773. PD-2. The sales of alcoholic beverages shall be in accordance with your pending ABC license, Type 47. PD-3. Applicant has applied for a Type 47 (On Sale General - Eating Place) through the Riverside District Office of Alcoholic Beverage Control. Authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises. 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. Must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. Normal mealtimes are 6:00 a.m. - 9:00 a.m., 11:00 a.m. - 2:00.p.m., and 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. Minors are allowed on the premises. GAPLANNING\2008\PA08-0253 Edge Restaurant CUPTIanning\EXHIBIT A.doc PD-4. Applicant will also comply with City Ordinance 97-07, (9.14.010 Temecula Municipal Code series). PD-5. 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-6. 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). PD-7. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. For this reason, the Temecula Police Department has imposed a mandatory training for all employees involved in the service and sales of alcoholic beverages. Also, the Temecula Police Department conducts an Alcohol Review Board for all new businesses with a Type 47 license. Contact the Temecula Police Crime Prevention and Plans Officer at (951) 695-2773 to set up a training date and an Alcohol Review Board date. Training and review board must be completed prior to the grand opening or usage of the Type 47 license of this business and periodic updated training when new employees/management are hired. All alcohol training is provided free of charge by the Temecula Police Department. PD-8. 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-9. Police officers, sheriff's deputies and ABC investigators are swom 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 anytime 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-10. 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). GAPLANNING2008\PA08-0253 Edge Restaurant CUPTIanning\EXHIBIT A.doc PD-11. 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.). GAPLANNING\2008\PA08-0253 Edge Restaurant CUP\PIanning\EXHIBIT A.doc RIVERSIDE . COMMUNITY DEPARTMENT OF ENVIRONMENTAL HEALTH City of Temecula Planning Department c/o Eric Jones PO BOX 9033 Temecula, CA 92589-9033 14 November 2008 RE: PA08-0253 The Department of Environmental Health (DEH) has received and reviewed the PA08- 0253 for the Conditional Use Permit to authorize a Type 47 ABC license related to application PA08-253, minor Mod Planning Review only which includes the service of beer, wine and distilled spirits for the upscale Edge Restaurant under the applicant: Simon Curtis The restaurant lounge and bar plan application is for a 29,409 gross square foot restaurant building located on the southeast corner of Front Street and Fifth Street (APN 922-033- 009) which is presently connected to a potable water line and sanitary sewer. Any food vending or restaurant use of the building shall require food plan check compliance by the County of Riverside DEH. Please call Bonnie Dierking at 951.461.0284. If your have any questions, please do not hesitate to call me at 951.955.8980 Sincerely, ,j Gregor Dellenbach, REHS Land Use and Water Engineering • 39493 Los Aldmos Road. Mumeta. CA 92,562 • (951) 600-6180 • FAX (951) 600 6181