The URL can be used to link to this page

Home My WebLink About040909 DH AgendaAGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING APRIL 9, 20091:30 P.M. TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: Patrick Richardson, City Planner PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the City Planner on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the City Planner about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the City Planner. When you are called to speak, please come forward and state your name and address. Item No. 1 Project Number: Project Type: Project Title: Applicant: Project Description: Location: Environmental Action: Project Planner: Item No. 2 Project Number: Project Type: Project Title: Applicant: Project Description Location: Environmental Action Project Planner: Item No. 3 1:30 p.m. PA08-0206 Conditional Use Permit Public House MCUP Gerry Kent Modifications to the Conditions of Approval for the Minor Conditional Use Permit to allow live entertainment and upgrade existing Type-41 ABC license to a Type-47 41971 Main Street CEQA Categorically Exempt per Section 15301, Class 1 Existing Facilities Cheryl Kitzerow/Matt Peters PA07-0129 Minor Conditional Use Permit Temecula Valley Cheese Company MCUP Shawna Smoot Minor Conditional Use Permit to authorize Type-20 and Type-47 ABC licenses 40752 5t" Street CEQA Categorically Exempt per Section 15301, Class 1 Existing Facilities Katie Innes Project Number: PA09-0026 Project Type: Minor Conditional Use Permit Project Title: The Vault MCUP Applicant: James Messina RADirectors Hearing\Agendas\2009\04-09-2009 Agenda.doc Project Description: Location: Environmental Action Project Planner: Minor Conditional Use Permit to authorize recitals, live music, concerts, open microphone and jam sessions in a 1,200 square foot assembly place within an existing 7,429 square foot building 41607 Enterprise Circle North, Suite A CEQA Categorically Exempt per Section 15301, Class 1 Existing Facilities Katie Innes R:\Directors Hearing\Agendas\2009\04-09-2009 Agenda.doc ITEM 1 STAFF REPORT — PLANNING CITY OF TEMECULA DIRECTOR'S HEARING DATE OF MEETING: April 9, 2009 PREPARED BY: Cheryl Kitzerow/Matt Peters, Case Planner APPLICANT NAME: Gerry Kent PROJECT Modification to the Conditions of Approval for Planning Application SUMMARY: Number PA08-0206, 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 RECOMMENDATION: Approve with revised Conditions BACKGROUND SUMMARY The Public House restaurant is located in the Tourist Retail Core (TRC) Zoning District of the Old Town Specific Plan, located at 41971 Main Street in Old Town Temecula, just east of the intersection of Main Street and Old Town Front Street. On September 24, 2008, the Planning Department approved a Minor Modification application (PA08-0194) for the project site to allow the construction of outdoor patios, fire pits, and landscaping upgrades to accommodate live entertainment and outdoor dining. On November 20, 2008, the Planning Director conditionally approved Planning Application No. PA08-0206, 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 (see Attachment No.1 — Director's Hearing Staff Report and Conditions of Approval). According to the approved Statement of Operations dated September 14, 2008, and supplemental details e-mailed to staff on October 9, 2008, the applicant is allowed to provide amplified and/or acoustic live and recorded entertainment. This includes bands, dj's, comedy, karaoke, and movies. The live entertainment occurs Monday through Wednesday (6.p.m.-10 p.m.), Thursday and Friday (6 p.m.-1 a.m.), Saturday (9 a.m.-1a.m.) and Sunday (9:30 a.m.-10 p.m.). The entertainment noise is required to comply with the City's Noise Ordinance and General Plan noise standards. Since the time of approval, City staff has received several complaints from adjacent property owners regarding excessive noise from the live entertainment and concerns with patrons of the Public House parking on private property. In addition, the City's Code Enforcement Division and Fire Department staff has been to the property in response to a large tent on the property without permits. Code Enforcement also visited the site because the property owner did not comply with a Condition of Approval to construct additional restrooms within 90 days of approval of the CUP (see Attachment No. 2 for summary of complaints). It is for these reasons staff has requested a review of the Conditional Use Permit. GAPLANNING\2008\PA08-0206 Public House Minor CUP\Planning\Staff Report modification.doc 7 ANALYSIS Per Temecula Municipal Code Section 17.03.080, the City can impose additional conditions on a CUP if the City has a basis to revoke that CUP. The code indicates that an entitlement can be revoked if any of the following findings are made: 1., That the permit was obtained by misrepresentation or fraud. 2. That any of the Conditions of Approval for the permit have not been met, and the permit is not being exercised. 3. That the use for which the permit was granted is being or is permitted to be or operates in violation of any statute, ordinance, law or regulation. 4. That the permit is being exercised in a way that is detrimental to the public health, safety or welfare or constitutes a nuisance. Staff has met with the business owner to discuss the complaints received and the owner is agreeable to any new conditions to better serve the Old Town community. Rather than revoke the permit, at this time staff proposes to add the following conditions to the CUP: A security guard shall be present during business hours to monitor patron parking and ensure patrons are not parking on adjacent private property. 2. Deliveries are restricted to before 10 a.m. and shall occur on the subject site or immediately in front of the business (not on adjacent private property). 3. Owner shall construct bathrooms and gate on the property within 60 days of approval; if restrooms are not constructed and operational within this timeframe (by June 8, 2009), the entertainment uses allowed by this CUP will not be permitted until such time as the restrooms are operational. 4. Live entertainment shall only be provided between the hours of 6 p.m. and 12 p.m. all seven days of the week. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on March 28, 2009 and mailed to the property owners within the required 600-foot radius. ATTACHMENTS DH Resolution Exhibit A - Draft Revised Conditions of Approval Director's Hearing Staff Report, November 20, 2008 Memo, Summary of ComplaintsNiolations, dated February 24, 2009 Letters of Support Notice of Public Hearing G:Tl-ANNING\2008\PA08-0206 Public House Minor CUP\Planning\Staff Report modification.doc 2 DH RESOLUTION DH RESOLUTION NO.09- A RESOLUTION OF THE CITY PLANNER OF THE CITY OF TEMECULA MODIFYING THE CONDITIONS OF APPROVAL FOR PLANNING APPLICATION NO. PA08- 0206, 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 City Planner 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 City Planner, 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 Directors Hearing and after due consideration of the testimony, the City Planner 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. E. Staff has received numerous complaints from adjacent property owners regarding noise, parking/deliveries, and lack of adequate restroom facilities at the subject business. Upon review of the case and discussions with the business owner, staff recommends additional conditions to address these concerns. Section 2. Conditions. The City Planner of the City of Temecula modifies the Conditions of Approval for Planning Application No. PA08-0206, a Minor Conditional Use Permit to authorize the Public House restaurant, located at 41971 Main Street, to G:\PLANNING\2008\PA08-0206 Public House Minor CUP\PlanningUH resolution rev was 4.09.doc 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 Revised Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 3. PASSED, APPROVED AND ADOPTED by the City of Temecula City Planner this 9w day of April 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- was duly and regularly adopted by the City Planner of the City of Temecula at a regular meeting thereof held on the 9t' day of April 2009. Cynthia Lariccia, Secretary G:\PLANNING\2008\PA08-0206 Public House Minor CUP\PlanningTH resolution rev coas 4.09.doc EXHIBIT A FINAL CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLUS: INITIALS: PLANNER: G:\PLANNING\2008\PA08-0206 Public House Minor CUP\Planning\FINAL COA's EXHIBIT A UPDATED 3.09.doc EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL REVISED APRIL 9, 2009 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.: MSHCP Category: DIF Category: TUMF Category: Approval Date: Expiration Date: PLANNING DEPARTMENT 922-040-024 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)). General Requirements PL-2. 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 Citys 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 G:\PLANNING\2008\PA08-0206 Public House Minor CUP\Planning\FINAL CONS EXHIBIT A UPDATED 3.09.doc 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-3. The permittee shall obtain City approval for any modifications or revisions to this Conditional Use Permit. PL-4. 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-5. The City Planner 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-6. A separate building permit shall be required for the patio addition. PL-7. 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-8. 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-9. 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-10. The live entertainment shall only be provided between the hours of 6 p.m. and 12 p.m. - midnight all seven days of the week. he, -Fs 9A Saturday and Sunday, with the exGeptien that live enteFtainment Fna (Modified at Director's Hearing of April 9, 2009). G:\PLANNING\2008\PA08-0206 Public House Minor CUP\Planning\FINAL COA's EXHIBIT A UPDATED 3.09.doc PL-11. The applicant shall construct additional bathrooms within 90 days of the approval date as determined by the maximum occupancy for the building and outdoor entertainment area. (Added at Director's Hearing on November 20, 2008). Extended an additional 60 days from the April 9. 2009 Director's Hearing. operational. PL-12. Prior to any live entertainment, the applicant shall have the Fire Department determine the maximum occupancy of the outdoor area and building. It shall be the applicant's responsibility to post a sign indicating the maximum occupancy in a highly visible location. (Added at Director's Hearing on November 20, 2008). PL-13. This Conditional Use Permit may be revoked pursuantto Section 17.03.080 of the City's Development Code. PL-14. The City, its City Planner, 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 City Planner, Planning Commission and City Council is in addition to, and not in -lieu of, the right of the City, its .City Planner, 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 orfor the maintenance of any nuisance condition or other code violation thereon. PL-15. 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-16. 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-17. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. PL-18. A security guard shall be present during business hours to monitor patron parking and ensure patrons are not parking on adjacent private property. (Added at April 9, 2009 Director's Hearing) PL-19. April 9, 2009 Director's Hearing) G:\PLANNING2008%PA08-0206 Public House Minor CUP\PlanningXFINAL CONS EXHIBIT A UPDATED 3.09.doc 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 drivers 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). 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). G:\PLANNING\2008\PA08-0206 Public House Minor CUP\Planning\FINAL CONS EXHIBIT A UPDATED 3.09.doc 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). 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.). PDA 1. 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\FINAL CONS EXHIBIT A UPDATED 3.09.doc DIRECTOR'S HEARING NOVEMBER 20, 2008 STAFF REPORT 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: Approve with Conditions CEQA: 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 GIPLANNING20081PA08-0206 Public House Minor CUP1PlanninglSTAFF 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 Type47 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 Type47 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 GAPLANNING2008VA08-0206 Public House Minor CUP\PlanninglSTAFF 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 Type47 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\PlanningZTAFF 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 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. 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 GAPLANNING2008TA08-0206 Public House Minor CUPTIanning\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 GAPLANNING120081PA08-0206 Public House Minor CUP1PlanninglSTAFF REPORT.doc 5 VICINITY MAP GAPLANNING200MPA08-0206 Public House Minor CUP\Planning\STAFF REPORT.doc 6 I N iao \ \ zse. eso sso Feel 500-FOOT SENSITIVE USE BUFFER MAP G:IPLANNING120081PA08-0206 Public House Minor CUP\PIanninglSTAFF REPORT.doc 7 QifivA i i-qA inn' B , a ProjectSite Highway \ Q 500 Ft. Buffer Religious Facilities Parks - Schools N City Boundary 0 250 F" ZD PLAN REDUCTIONS GAPLANNING2008TA08-0206 Public House Minor CUP\Planning\STAFF REPORT.doc 8 DH RESOLUTION GAPLANNING\2008TA08-0206 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. PA08-0099, A MINOR CONDITIONAL USE PERMIT TO AUTHORIZE TASTE OF CHINA RESTAURANT LOCATED AT 32413 TEMECULA PARKWAY SUITE 210, 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 (APN 960-020-071) Section 1. Procedural Findings. The Director of Planning of the City of Temecula does hereby find, determine and declare that: . A. On April 22, 2008 Andy Shann filed Planning Application No. PA08-0099, 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 June 26, 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. PA08-0099, a Minor Conditional Use Permit for a Type-47 ABC license for Taste of China Restaurant located at 32413 Temecula Parkway Suite 210, subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA08-0099 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. PA08-0099, 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 that the Highway Tourist Commercial Land Use designation anticipates land uses related to tourism in the City, including restaurants. The issuance of the Type-47 license for Taste of China restaurant, which will GAPLANNINGt20OMPA08-0099 Taste of China Minor CUP+PIanninglDH resolution no.doc 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 which an- located in the same shopping center as the subject business include Henry's Market, Sport's Authority, Petco, a nail salon and a mexican restaurant that sells beer and wine. All of these existing uses are commerical uses that are compatible with a restaurant serving beer, wine and distilled spirits. The surrounding land uses include an adjacent shopping center to the east (Wolf Store Retail Park) and west (Redhawk Town Center). These shopping centers have a variety of commercial type uses including a salon, dry cleaners, insurance office, dentist, furniture stores, and a variety of other general retail -type uses, as well as a varitey of other restaurants that sell alcoholic beverages, including 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, parking and loading facilities, buffer areas, landscaping and other development features. The project, as conditioned, meets all applicable Development Code requirements. Additionally, all of the walls, fences, parking spaces, loading spaces, buffer areas and landscaping have been installed consistent with the originally approved Development Plan for the Vail Rancho Plaza shopping center. No changes are being made to these existing site improvements. Furthermore, no additional parking spaces are required,to be provided due to the fact that the restaurant is an existing facility, and the proposed project does not involve any construction or physical changes or additions to the building square footage. Since the restaurant is not expanding its square footage or building footprint, additional parking spaces are not necessary. GAPLANNINGWOBtPA08.0099 Taste of China Minor CURPlanning0H resolution no.doc 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 detrimental to the health, safety and general welfare of the community. The project will provide an added convenience for patrons visiting and dining at Taste of China 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 is not anticipated to have an adverse impact on the health, safety and general welfare of the community; 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 (Per CEQA Section 15301, Class 1 Existing Facilities). In accordance with the California Environmental Quality Act, the proposed project, a Minor Conditional Use Permit to authorize a Type-47 ABC license for Taste of China 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 qualifies 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, is existing. The approval of this project, which will 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 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. PA08-0099, a Minor Conditional Use Permit to authorize Taste of China restaurant, located at 32413 Temecula Parkway Suite 210, 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. GIPLANNINGi2008iPA08.0099 Taste of China Minor CUPXPlanningOH resolution no.doc Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Director of Planning this 26th day of June 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. 08-012 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 26th day of June 2008. G:WLANNINGV008WA08-0099 Taste of China Minor CUPWIanningM)H resolution no.doc EXHIBIT A DRAFT CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLUS: INITIALS: PLANNER: GAPLANNING1200MPA06-0206 Public House Minor CUP\Planning\DRAFT COA's EXHIBIT A.doc 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 G1PLANNINGWOMPA08-0206 Public House Minor CUP\PIannin90RAFT COA's EXHIBIT A.doc 3 the Citys 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 purposesof 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 +ho-Yraotion that live entertainment may not be allowed outdoors after 1 a.m. - _ PL-12. This Conditional Use Permit may be revoked pundbant tto Section 17.03.080 of the City's Development Code. G:IPLANNINGVN81PA08-0208 Public House Minor CUPIPlanninglDRAFT COA's EXHIBIT A.doc 4 PLA3. 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; (a) 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). WIANNING00081PA08-0206 Public House Minor CUPkPlanningM)RAFT COKs EXHIBIT Adoc 5 Pb-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). GAPLANNING120081PA08-0206 Public House Minor CUP\PIanning\DRAFr COA's EXHIBIT A.doc 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 oranysexual 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 buttocksare 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. G:TLANNINGU008WA08-0206 Public House Minor CUP\Planning\DR4FT COA's EXHIBIT A.doc -- — — 7 --- -- - STATEMENT OF OPERATIONS SEPTEMBER 14, 2008 OCTOBER 9, 2008 The Public House 41971 Main Street Temecula, CA 92590 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 Um Sun 10am — lam 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—Amplfied, acoustic rive 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 O"edExecutive Chef Cheryl Kitzerow From: Gerry Kent Igerry@theforgeonline.netj 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, 1. 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-tOpm. 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 q�y-2r' 3. Amplified music, dj, etc... will not be allowed outside onW-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 1 am outside I need sleep too Thanks so much Gerry Kent The Public House 951-551-7496 NOTICE OF PUBLIC HEARING GAPLANNING2008TA08.0206 Public House Minor CUP\Planning\STAFF REPORT.doc 11 .notice of Public Hearin ,d A PUBLIC HEARING has been scheduled before the CITY OF TEMECULA DIRECTOR'S HEARING to consider the matter described below: Case No: PA0M206 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. L ml1 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 r no City of Temecula Directors Hearing } to be held on Nov. 20, 2008 re: Case # PAOM206 Attn: Matt Peters/Cheryl Kitzerow, I am Bonnie Reed I own Country Seller & Friends, a retail antiques and gh store located in Serendipity at 41950 Main St. in Old Town Temecula I have operated my business in Old Town since 1984. I am writing this letter because 1 am concerned about the application that has been filed to change the liquor license at the Public House Restaurant, also located on Main St, just a few doors down the street from me. Currently, Main Street has been severely impacted by the site preparation and road closures resultingfrom the City's relocation plans for. City Hall. On streetparking has been severely restricted andthe City lot located directly to the right of our location appears to be closed most of the time. The City has attempted to direct the public to this lot, but each activity done at the site ends up In removal of the signs. The bottom line for us, and our business neighbors, is for potential customers to turn around and exit Maui Street, andmore frequently exiting Old Town as. well. Our business is struggling to stay alive in these hard economic times, so customer access is crucial. * concern for this permit issuance arises from the probability ofextended parking times for individuals who choose to take cabs or other means to go home after . consuming alcohol. I have noticed an increase of cans parked on the street early in the mornin& 1 have no problem with another business and their own needs, but as I have tried to explaln, at this time it would not be fair to all of us to be so impacted by this permit being granted If our parking problems were solved and they will soon be by the City's addition of a large parking facility at the City Hall, I do not believe that this would be an issue for my business However, the structure has not yet been completed and 1 am crurrendystruggling with a severe park rig problem, aggravated by a stagnant economy. *position needs to be considered as 1 also contribute to the ambiance of Old Town - ' Sincerely, Bonnie Ree 40wner Country Seller & Friends 41950 Main St. Old 'Town Temecula 951) 506-4446 or 760) 484-6019 plublic hearing 1 message MThesing <taco@dslextrome com> To: MIKE THESING <TACO@dslextreme.com> taco @dslextreme.com <taco@dslextreme.com> Mon, Nov 10, 2008 at 8:25 PM. City of Temecula Planning Dept, 43200 Business Park Drive Temecula. November 11- 08. To the attention of Matt Peters/Cherryl IGtzerow This letter represents Michael and Rosa Thesing the owners of Rosa's Cantina and the Ranson plaza building located at 28636 Old Town Front St Temecula . It has come to our attention that Gerry Kent, owner of the Public House restaurant located at 41971 Main Street Temecula has applied for a full liquor license at this location. We are adamantly opposed to this as from the time he opened his restaurant we have had numerous incidents of his customers parking in our lot. When we observed these persons in our lot, we would ask them to leave. For the most part they would exit the premises, however on several occasions some would object using `f-you' and other filthy1anguage before they left On one occasion. a person illegally parked in the handicap zone. His reply when -we told him he was there illegally was 'screw you" and parked there anyway. On other occasions, some of his vendors have parked in lot blocking our customers from getting in and out. We have enlarge the parking ordinance signs to the extent whereby they are plainly visible to everyone. The owner of this establishment was well aware that there was NO parking at that location when he started this business. There is only one reason why this person is applying for a full liquor license and that is to increase his foot traffic. When the public hearing takes place on Nov 20s', the question should be where are your customers going to park? If the license is granted it will impair our business immensely as there will be more people parking in our lot. We would also suffer the liability from accidents and injuries should they occur. Rosa's cantina was established In 1991. We have enjoyed a successful business there for many years. We are highly respected by the city, council and staff 1 members.Your consideration in this matter would be greatly appreaciated- Very truly yours, Mike and Rose Thesing https://mail.google.com/a/dslextreme.com/9ui=2&ik=02de2el fb9&view=pt&search=inbo... 11/11/2008 ATTACHMENT 2 Page 1 of 1 From: taco @dslextreme.com [taco@dslextreme.com] lent~ Wednesday, November 19, 2008 8:21 AM ro: Cheryl Kitzerow iubject: Fwd: plublic hearing ----- Forwarded message---------- �rom: MThesing <tacQ @d51extreme.Com> )ate: Mon, Nov 10, 2008 at 8:11 PM Subject: plublic hearing fo: MIKE THESING <TACO-@dslextreme.com> :ity of Temecula Planning Dept, 43200 Business Park Drive Temecula To the attention of Matt PeterslCherryl Utzerow This letter represents Michael and Rosa Thesing the owners of Rosa's Cantina and the Rancon plaza wilding located at 28636 Old Town Front St Temecula. It has come to our attention that Gerry Kent, owner of the 'ublic House restaurant located at 41971 Main Street Temecula has applied for a full liquor license at this location. We re adamantly opposed to this as from the time he opened his restaurant we have had numerous incidents of his ustomers parking in our lot. When we observed these persons in our lot, we would ask them to leave. For the most part they would exit the premises, however on several occasions some would object using "f-you" and other. filthy inguage before they left. On one occasion. a person illegally parked in the handicap zone. His reply when we told him e was there illegally was'screw you" and parked there anyway. On other occasions, some of his vendors have parked i lotblocking our customers from getting in and out. We have enlarge the parking ordinance signs to the extent (hereby they are plainly visible to everyone. The owner of this establishment was well aware that there was NO arkiag at that location when he started this business. There is only one reason why this person is applying for a full quor license and that is to increase his foot traffic. When the public hearing takes place on Nov 20", the question hould be where are your customers going to park. If the license is granted it will impair our business immensely as rere will be more people parking in our lot. We would also suffer the liability from accidents and injuries should they ccur. Rosa's cantina was established in 1991. We have enjoyed a successful business there for many years. We are ighly respected by the city, council and staff members.Your consideration in this matter would be greatly ppreaciated. Very truly yours, Mike and Rose Thesing -- I.-v.n Page 1 of 1 From: Debbie Ubnoske lent: Tuesday, January 13, 2009 4:54 PM ro: Matt Peters; Cheryl Kitzerow -c: Patrick Richardson; Stuart Fisk iubject: FW: Public House @ Old Town attachments: IMG 3135.JPG; IMG 3136.JPG; IMG 3137.JPG his is really unacceptable. Not only is the applicant not dealing with issues identified at the Director's Hearing, he is further !xacerbating the problem by doing things like this. 'rom: Christine Damko gent: Tuesday, January 13, 2009 4:47 PM 'o: Rich Johnston; Debbie Ubnoske; Sean Dakin; Matt Peters; Cheryl IOtzerow :c: Aaron Adams subject: Public House @ Old Town . lithere— lelody Brunsting called this afternoon informing me that some of the Old Town merchants were upset over the large tent at the 'ublic House restaurantibar in Old Town. I went out to see what the problem was and saw a huge "circus style" tent covering the ntire portion of their patio area. They also have heaters and lighting inside the tent. I chatted with the project planner, Matt Peters nd he said the tent was NOT a part of their patio expansion application. Please advise if the tent is a code enforcement violation r if it was permitted via a building permit. hanks! hristine Damko ssociate Planner ity Manager's Office ity of Temecula 3200 Business Park Drive emecula, CA 92589 51.506.5100 (phone) 51.694.6499 (fax) Page l of I From: Debbie Ubnoske Tent: Tuesday, January 06, 2009 12:02 PM ro: Cheryl Kitzerow -c: Matt Peters; Stuart Fisk; Patrick Richardson Subject: RE: Rosa's Cantina t is not the job of the City to police approvals. If she has an issue, she needs to call the PD and alert the City so that we can take he necessary action. Code enforcement staff do not work after 5:00 so there is no City staff available to police even if it were our :)b to do so. 'rom: Cheryl Kitzerow ;ent: Tuesday, January 06, 2009 11:56 AM 'o: Debbie Ubnoske ;c: Matt Peters; Stuart Fisk; Patrick Richardson subject: Rosa's Cantina li Debbie just spoke with Rose Thesing, owner of Rosa's Cantina in Old Town regarding her concerns with the Public House. Mrs. Thesing pecifically expressed concern with (1) patrons of the Public House parking in her private lot (despite the sign posted on The 'ublic House's door to not use Rosa's lot — on Saturday night they had 9 cars removed - not towed, but owners were asked to love their cars), (2) drunk patrons using the restrooms at Rosa's because The Public House still has the portable restrooms, and 3) an A -frame sign that Mr. Kent (owner of the Public House) has in his truck to advertise his business. I asked her to put her oncems in writing (as I had requested when she called in early December but did not do) and to call the police when these ,sues occur so that the City has documentation for potential future action — she feels that we are putting undue burden on her nd that the City should be policing this use to be sure the 'rules are followed' since that is what she has done over the past 18 cars with her business. She does not want to call the police and create more 'ill -will' and she does not have the time/resources to ionitor her lot to have cars towed. 1 am sending this email as a follow up to our discussion in briefing this morning and also ecause Mrs. Thesing said she will be meeting with her attorney next week — hank you. When responding please "reply to all" .hcT1K1tzcrow ssociate Planner . ity of Temecula ') 951-694-6409 ) 951-694-6477 ATTACHMENT G:IPLANNING\20081PA08-0206 Public House Minor. CUP\Planning\M -City Attomey Reopen CUP.doc DSL Extreme Mail - Illegal parj m and drunks Page 1 of 1 1 / Z I jai Illegal parking and drunks 1 message taco @dslextreme.com <taco@dslextreme.com> To: taoo@dslextreme.cem taco @dslextreme.com <taco@dslextreme.com> Wed, Jan 7, 2009 at 1:33 PM. Cheryl, please be advised since Public House restaurant was approved for a full liquor license, the illegal parking invasion in Rosas's Cantina's parking lot has not improved and has gotten worse. Here is a brief scenario as to what is happening: Last Friday night, 9 cars were illegally parked in our lot I called Gerry ,the owner of Public House and advised him of same, then shortly thereafter most of them were removed. This is just one occasion of many. The next night, Saturday, four young women came to our restaurant drunk from his place. They were loud and obnoxious and they were asked to leave. His customers are constantly using our bathrooms as there is not ample facilities at his place. Public House caters to a very young adults that apparently consume a lot of alcohol. Last Saturday, his employees posted a large sign up against a car on Main Street advertising a BEER FEST at his place. On weekends, he hires bud bands that can be heard throughout Old Town. This is extremely annoying to our customers that are dinning in our patio. Mother. problem is that some of his vendors are still unloading their goods in our lot blocking cars from getting in and out As of now, we have not towed any cars or taken this matter up with the police department as we do not want to create ill will with other businesses in town. In our opinion, this on going problem with Public House is out of control and probably cannot be resolved unless the city gets involved. May we suggest that police car be placed in front of this establishment on Friday, Saturday and Sunday evenings to quell these existing deficiencies. Very Truly Yours, Mike And Rose Thesing https://mail.google.com/a/dslextreme.com/?ui=2&ik=02de2e l fb9&view=pt&search=inbox... 1 1 /7/2009 ATTACHMENT 4 GAPLANNING12008\PA08-0206 Public House Minor CUP1PlanningN - City Attorney Reopen CUP.doc Page 1 of 3 Matt Peters From: Marianne Parker Sent: Thursday, January 29, 2009 7:32 AM To: Matt Peters Subject: RE: Research regarding re -opening a CUP Aatt, -he only thing I did was give a verbal warning to the manager Kim? to have the owner call me and to remove the tent. If you need my additional information, let me know. Aarianne 'rom: Matt Peters lent: Tuesday, January 27, 2009 10:10 AM 'o: Sean.Dakin; Marianne Parker :c: Patrick Richardson; Cheryl Kitzerow subject: FW: Research regarding re -opening a CUP li Sean and Marianne, 'lease see below. We are going to re -open the Public House's CUP to impose additional conditions. Please send me ocumentation that I can include in a memo to the City Attorney regarding any complaints or violations (dates, times, number of. allsNisits, etc...). I will add this to everything Planning has received and prepare a detailed memo for the City Attorney. hank you. When responding please "reply to all." latt Peters, AICP ssociate Planner ity of Temecula 3)951-694-6409 _) 951-694-6477 rom: Patrick Richardson ent: Friday, January 23, 2009 8:37 AM o: Matt Peters; Cheryl Kitzerow ubject: Fwd: Research regarding re -opening a CUP et's talk about this next week. hanks, Patrick egin forwarded message: From: "Christopher J. Diaz" <CDiaz nv law_com> Date: January 22, 2009 7:56:58 PM PST To: "Patrick Richardson $E-mail$" <Patrick.Ri_chan son@ci oftemecula.org> Cc: "Peter M. Thorson" <PThorsont�rwglaw.corn>, "William P. Curley III" <wcurley@rwglaw,_com> Subject: Research regarding re -opening a CUP Hello Patrick - Page 2 of 3 I did not add Matt to this email as I didn't have his email readily available. Please feel free to forward him this email. You have asked me. to research whether a conditional use permit can be re -opened in order to impose additional conditions on a bar owner in old town. You indicated to me that patrons of this bar have been utilizing the parking lots of other businesses in the old town area. Additionally, you noted that the bar owner has been engaging in other activities which may constitute a violation of the CUP. Temecula Municipal Code Section 17.04.010(L) states, "Any conditional use permit granted or approved hereunder, shall be approved or conditionally approved with the city, and its planning director, planning commission, and city council retaining and reserving the right and jurisdiction to review and modify such conditional use permit (including the conditions of approval) based on changed circumstances. Changed circumstances include, but are not limited to the modification of the business, a change in scope, emphasis, size or 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 lieu of, the right of the city, its director of planning, planning commission, and city council to review and 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." Thus, based on our code, we have the right to review and modify the CUP and its conditions of approval based on any of the changed circumstances detailed above. Additionally, the basic legal principle is that additional conditions may be placed upon a CUP if the grounds justifying the new conditions would justify revocation. In essence, the imposition of additional conditions works as a bargaining chip with the property owner (i.e. the City can opt to revoke the CUP unless the property owner agrees to these additional conditions). Temecula Municipal Code Section 17.03.080 indicates that an entitlement can be revoked if any of the following_ findings are made: 1. That the permit was obtained by misrepresentation or fraud; 2. That any of the conditions of approval for the permit have not been met, and the permit is not being exercised; 3. That the use for which the permit was granted is being or is permitted to be or operates in violation of any statute, ordinance, law or regulation; 4. That the permit is being exercised in a way that is detrimental to the public health, safety or welfare or constitutes a nuisance. The easiest route to argue revocation would be if the actions of the property owner constitute a nuisance to the community. If we anticipate going either of these routes, the best plan of action is to have someone in planning draft a my. detailed memorandum to the City Attorney informing us of all the potential violations of the CUP, and/or additional actions of the property owner that may constitute a nuisance. Likewise if you believe any of the property owner's actions constitute what you would consider changed circumstances, please detail those as well. The memo should be.detailed enough to provide dates, as well as enough detail on each action that may constitute a violation of the CUP, nuisance, or changed circumstance. The basis for the memo is to begin to establish a solid record of the property owner's actions. If you should have any questions regarding any of this, please do not hesitate to contact me. Thanks Patrick. Christopher J. Diaz Richards, Watson & Gershon 355 South Grand Avenue, 40th Floor /29/2009 Page 3 of 3 Los Angeles, CA 90071-3101 T 213.626.8484 F 213.626.0078 cdiaz rwglaw.com NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an employee or agent. responsible for delivering this communication to the intended recipient, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. /29/2009 ATTACHMENT5 G:%PLANNING20081PA08-0206 Public House Minor CUP1PlanninMM - City Attornev Rerxwo rn is a-, Page 1 of 1 From: Eric Albert [EAlbert@riversidesheriff.org] Sent: Tuesday, November 25, 2008 1:10 PM To: Jeff Kubel Subject: Rosas and Public House I contacted Rosa's Cantina this morning reference their parking issue. Mike Theising works only on Sat Sun and Mon., I spoke to his son Mike Jr. on the phone. Mike Jr., primarily works at Rosa's, related that his father owns the building and other buildings associated with the parking lot in question. Mike Jr. was familiar with the problem but said his father has been dealing Ivith the problem. Specifically the problems are on Saturday night when Public House has a live band and the street parking is nadequate. Mike Jr. related his father was in negotiation with public house and had met with them yesterday to work out the )roblem. Mike Jr. did not believe is father would want police at this time to enter the equation. I provided Mike Jr. with my cell )hone number to give to his father in the event he would like to speak with me. I will have Deputy Truscott, Saturday Al nonitor the parking lot and update me with any issues or cars left in the parking lot after nine thirty. On Monday when Mike Sr. s in I will contact him to ascertain the current situation. ;ergeant Eric A. Albert Werside Sheriffs Department southwest Station emecula Police Traffic Bureau 151-696-3078 :://GAPLANNfNG\20081PA08-0206 ATTACHMENT G;IPLANNIN00008TA08-0206 Public House Minor CUPIPlanningN - City Attorney Reocen CUP.doc 14 January 2009 Re: Noise emanating from the Public House Restaurant To Whom It May Concern: I live in Temecula, in the 30300 block of Via Brisa, approximately 1 mile from the Public House Restaurant. Frequently, since they have opened for business, the noise from the music that is played there on weekend evenings is so loud that it has become an irritant to the peace and quiet that has been enjoyed in this neighborhood. There are other businesses in Old Town that offer music for the enjoyment of their customers and these entities take into consideration the comfort of the neighbors who live within earshot of their establishments. I certainly hope that the City of Temecula will insure, through its business licensing abilities and other tools, that the Public House Restaurant is held to the same standards as those who play music responsibly. Evening noise from a commercial district should not be allowed to impinge on and detract from the quality of life in surrounding residential areas that were there first. Thank.-Tou for reviewing my concerns. Xt Duane T. Preimsger� F.O. Box 776 Temecula, CA 92593 951- 699- 6619 To the Powers that be: 1 was upset for Rose Thesing and her husband (owners of Rosa's Cantina) when she told me of the problems they are having with a business across the street from their restaurant, a pub Brewery bar. They have tried to get help from our City, but their complaints have basically fallen on deaf ears. I somehow feel that in the push to make "Downtown/Old Town" special, some of the old business owners, who have kept the area alive for years, might get lost in the expansion. Some of the Thesing's problems: 1. The pub was permitted and operates without any extra parking, only street parking and they face Rosa's Parking lot. 2. Their (the pub) major delivery trucks pull into Rosa's parking area and block her patrons from parking there throughout the day. 3. At night, even during the dinner hour at her restaurant, the pub customers use her parking lot. After they close down, their lot becomes the pub's lot even though the Thesings own this private property, and they pay the property taxes on that lot. 4. A great deal of drinking goes on at that pub and they installed temporary porta potty s to take care of the overflow..... but the women patronizing the pub will not use the porta pottys so they all .troop over to Rosa's and use their bathroom facilities during the restaurant's business hours. 5. Worst of all .... The pub's customers, late at night, use the Cantinas parking lot as an outdoor bathroom ,and vomit and urinate there. This is disgusting as Rose and her husband have to see that this awful mess is cleaned up from their lot and surrounding area every morning before they can open for business. The Thesings want to put up a chain to prevent parking at night in their parking lot and are perfectly willing to give a key to that lock to the local fire department that is three blocks away. They have been told by a Planning Commission representative, that they should hire a Security guard to patrol the property. They really can't afford to do this and it is their property rights that are being abused by the pub, daily. If, anything, the pub should be required to police their customers properly with a security guard, making sure that their customers do not use Rosa's parking lot as a bathroom. This pub that promotes excessive drinking and is jammed on the weekends is not what the "spirit" of Old Town should be about. Most importantly, this pub is seeking a hard liquor license that will only make the problem worse! I don't think we can allow our City to get so big that problems of long standing businesses owners like the Thesings cannot be settled in a caring way. The pub is a bad neighbor, not Rosa's Cantina. Barbara Wilder bhwilder@aol.com (951)699-3433 LETTERS OF SUPPORT The Public House From: SuzAnne & Tory Smith [torysuzanne@yahoo.com] Sent: Thursday, January 15, 2009 4:45 PM To: The Public House Subject: MISC Well, here is our letter in support, please let me know if it is what your looking for if not I can modify it! Dear PUBIic Housel I (SuzAnne) and my husband (Tory) in fact our whole family are loyal patrons of your fine establishment. Just as many of our friends and their kids areas well! I can't begin to tell you how much we look forward to our Family Friday nights at the PUBIic House. After work, we gather up the kids, spend time in Old Town shopping or what not, then my husband, our daughter Emilee (8yrs), our son Ryan (17yrs), his girlfriend Kelsie (17yrs) and of course me the Mom (Suzanne). We all meet up with friends and their kids at the PUBIic House and enjoy a super delicious dinner and grub on those salt and vinegar fries, while listening to the local band talent. All together! Your staff is simply fantastic! funny, entertaining, hospitable, friendly. Our friends, their kids, our kids, LOL everyone. We all get to enjoy a night out with you, our friends at PUBIic House. Sure we could go eat at a fast food joint or a chain restaurant, but your establishment offers way more, and thats what brings people back. It's warm, cozy, inviting, personable and kid friendly. There are very few classy, easy going, relaxed establishments in Temecula that allow children to enjoy an "adult" type night out with music and a fire pit, bundled up, just being out with mom and dad, at least until the clock chimes 9:pm. I for one am thrilled that you offer such a unique and cool place for all people to gather. We all LOVE your place, we would be very disappointed if this was to change, because your Minor Conditional Use Permit was to be revoked. Good grief, if your improving the establishment that means business is good. Should this permit be revoked, we most definitely would never ever eat at Rosa's again. On principal alone, they are not being good business neighbors. In these tough economic times they should be giving support, not being petty. Frankly there are a million in one Mexican restaurants in Temecula and the surrounding areas, but there is only one PUBIic House. Warmest Regards, Suzanne and Tory Smith Emilee, Ryan and Kelsie 714-654-2057 cell From: The Public House <publicHQ@publichouse.tv> To: publichq@publichouse.ty Sent: Wednesday, January 14, 2009 8:30:06 AM Subject: FW: Respectful Parking! Hi PUBIic, I hope this a mail finds you well and enjoying life! The PUBIic Staff has a friendly reminder to our Great Patrons! In Respect to our neighbor, Rosa's, please avoid parking in their lot across the street as it's their property. In addition to the above we are looking for PUBIic House supporters to help back us up in the case that Rosa's moves to have our Minor Conditional Use Permit revoked! Any short or long replies are greatly appreciated for we like having and providing live entertainment and very much look forward to Movie Night, Indie Night and more Pint Fests at the least! Thanks for being part of The PUBIic Family... We Truly appreciate you! You are very much a part of making PUBIic House the great place that it is! Sincerely, Gerry Jacqui Kimm Chris Cindi Christy Christa Ez Patrick Mackenzie Erin Josh Jeff Santiago Doug Bryan David Big John The Public House From: DIYorDIE idiyordiefilms@yahoo.com] Sent: Thursday, January 15, 2009 9:48 AM To: The Public House Subject: Re: FW: Respectful Parking! The PUBlic House is a great commodity to the community! The atmosphere is inviting and classy and the newly added section in the back is always lively and entertaining. This is the type of place that makes me want to go out, because I know I'll have a good time. The PUBlic House is also very innovative, constantly adding new and exciting events like Pint Fest and Movie Night and their live music is consistently exceptional. Parking is important to an establishment like the PUBlic House that has so much to offer! Kind Regards, Titus Richard --- On Wed, 1/14/09, The Public House <publicHO(@publichouse.ty> wrote: > From: The Public House <publicHQ@publichouse.ty> > Subject: FW: Respectful Parking! > To: publichq@publichouse.ty > Date: Wednesday, January 14, 2009, 4:30 PM Hi PUBlic, > I hope this a mail finds you well and enjoying life! > The PUBlic Staff has a friendly reminder to our Great Patrons! > In Respect to our neighbor, Rosa's, please avoid parking in their lot > across the street as it's their property. > In addition to the above we are looking for PUBlic House supporters to > help back us up in the case that Rosa's moves to have our Minor > Conditional Use Permit revoked! Any short or long replies are greatly > appreciated for we like having and providing live entertainment and > very much look forward to Movie Night, Indie Night and more Pint Fests > at the least! > Thanks for being part of The PUBlic Family. We Truly appreciate you! 1 The Public House From: gggandjmoore@aol.com Sent: Wednesday, January 14, 2009 10:59 AM To: publicHQ@publichouse.ty Subject: Re: Respectful Parking! Gerry, Thank you for your gracious response. We do not park in Rosa's parking lot and would not. We are small business owner's and respect other's rights and property. If the parking is the only issue, then understand. However, if Rosa's is trying to change your permit use, then I have to disagree with them. I know some of your patrons will eat at Rosa's and then go to the Public House to listen to the bands. Regards, Janice -----Original Message ---- From: The Public House <publicHQ@publichouse.tv> To: Gggandjmoore@aol.com Sent: Tue, 13 Jan 2009 12:36 pm Subject: RE: FW: Respectful Parking! We sure are not at all attempting to be negative to their business only trying to support ours and the Old Town Experience in Total. We just want to do our part to make sure we have done our due diligence and beyond to insure their parking remains theirs! Thank you very much for the support and we will let you know! We truly wish Rosa's the best... I still currently eat there! Gerry Kent From: Gggandjmoore@aol.com fmailto:Gggandjmoore(alaol.com] Sent: Tuesday, January 13, 2009 12:25 PM To: PublicHO@)12ublichouse.tv Subject: Re: FW: Respectful Parking! Please email who and how we may contact. We also patronize Rosa's and will let them know that we are customers.of both. We would not be pleased if they try to have your permit revoked and would stop going to Rosa's. Thanks, Janice Moore (951)806-3008 In a message dated 1/13/2009 11:35:42 A.M. Pacific Standard Time, eublicHQ(@publichouse.ty writes: From: The Public House[ma!Ito:publicHQCilpublichouse.ty Sent: Tuesday, January 13, 2009 11:34 AM To: 'publichq@publichouse.ty; 'gerry(apublichouse.tv'; 'kimmOtheforgeonline.net'; 'chris(o)theforgeon!ine.net; The Public House From: Pia Maffei [piamaffei@hotmail.comj Sent: Tuesday, January 13, 2009 9:38 PM To: publichq@publichouse.ty Subject: RE: Respectful Parking! Is there a petition we can sign? Consider this a message that supports all of your efforts. From: publicHQ@publichouse.tv To: publichq@publichouse.ty Subject: FW: Respectful Parking! Date: Tue, 13 ]an 2009 12:17:29 -0800 From: The Public House[mailto:publicHQ@publichouse.ty] Sent: Tuesday, January 13, 2009 11:58 AM To: 'publichq@publichouse.tv' Subject: FW: Respectful Parking! From:: The Public House[mailto:publicHQ@publichouse.ty] Sent: Tuesday, January 13, 2009 11:36 AM To: 'publichq@publichouse.tv' Subject: FW: Respectful Parking! From: The Public House[mailto:publicHQ@publichouse.ty] Sent: Tuesday, January 13, 2009 11:34 AM To: 'publichq@publichouse.tv; 'gerry@publichouse.tv'; 'kimm@theforgeonline.net'; 'chris@theforgeonline.net'; 'jacqui@theforgeonline.net Subject: Respectful Parking! Hi PUBIic, I hope this a mail finds you well and enjoying life! The PUBIic Staff has a friendly reminder to our Great Patrons! In Respect to our neighbor, Rosa's, please avoid parking in their lot across the street as it's their property. In addition to the above we are looking for PUBIic House supporters to help back us up in the case that Rosa's moves to have our Minor Conditional Use Permit revoked! Any short or long replies are greatly appreciated for we like having and providing live entertainment and very much look forward to Movie Night, Indie Night and more Pint Fests at the least! Thanks for being part of The PUBIic Family... We Truly appreciate you! You are very much a part of making PUBIic House the great place that it is! The Public House From: dennis lautzenheiser [dancerelic@vedzon.net] Sent: Tuesday, January 13, 2009 9:09 PM To: The Public House Subject: Re: FW: Respectful Parking! Always up for keeping the neighborhood at peace... Will follow your request to keep things smooth. Dennis Lyle --- On Tue,1/13/09, The Public House <publicHQ@pubiichouse.ty> wrote: From: The Public House <publicHQ@publichouse.tv> Subject: FW: Respectful Parking! To: publichq@publichouse.tv Date: Tuesday, January 13, 2009, 11:34 AM From: The Public House[mailto:publicHQ@publichouse.ty] Sent: Tuesday, January 13, 2009 11:34 AM To: 'publichq@publichouse.ty; 'gerry@publichouse.tv'; 'kimm@theforgeonline.net'; 'chris@theforgeonline.net; 'jacqui@theforgeonline.net' Subject: Respectful Parking! Hi PUBIic, I hope this a mail finds you well and enjoying life! The PUBIic Staff has a friendly reminder to our Great Patrons! In Respect to our neighbor, Rosa's, please avoid parking in their lot across the street as it's their property. In addition to the above we are looking for PUBIic House supporters to help back us up in the case that Rosa's moves to have our Minor Conditional Use Permit revoked! Any short or long replies are greatly appreciated for we like having and providing live entertainment and very much look forward to Movie Night, Indic Night and more Pint Fests at the least! The Public House From: diego pat [diegopat@yahoo.com] Sent: Tuesday, January 13, 2009 7:57 PM To: The Public House Cc: BENTIVENGO; Cathy and Mike Bayne; Fred & Helga HOLLOWAY; Robin Schenck Subject: Re: FW: Respectful Parking! Public House Staff, I am greatly offended by the fact that Rosa's is considering taking action against you regarding your conditional use permit, which I infer means your ability to host live entertainment, etc. We love the fact that you offer another venue for quaity food and nightlife in Temecula, a community that offers very little in the way of the later, in particular. I can't believe Rosa's is being unfriendly in regards to what you're doing. I would be a happy to write a letter to the editor of the Californian if they continue to behave hostily towards your establishment. Additionally, I would be happy to facilitate and encourage a boycott of thier business - there are plenty of mexican restaurants in town. If they are unwilling to grow with old town, then they should move to another location. You can't fight progress and the reality is, if they, city planners and retailers, want people to spend more time in old town, they need to provide more venues for food and entertainment and not try and pull the "NIMBY" attitude. They could always hire a security guard to protect their lot if it means that much to them. That's what most facilities do in the real world outside of Temecula (BTW - I love Temecula). That's my two cents - let me know how I can help. Thanks, Pat vivo la' dolce vita -- On Tue,1/13/09, The Public House <pubiicHQ@pubiichouse.tP> wrote: From: The Public House <publicHQ@publichouse.tv> Subject: FW: Respectful Parking! To: publichq@publichouse.tv Date: Tuesday, January 13, 2009, 12:17 PM From: The Public House [mailto:publicHQ@publichouse.tv] Sent: Tuesday, January 13, 2009 11:58 AM To: 'publichq@publichouse.tv' Subject: FW: Respectful Parking! The Public House From: Amy Hoffman [Amy.Hoffman@allpointsmarketing.com] Sent: Tuesday, January 13, 2009 5:50 PM To: The Public House Subject: RE: Respectful Parking! Dear Friendly PUBIic House staff, My husband and I visited your place a couple months ago based on the recommendation of a friend. We immediately felt welcomed and at home in your restaurant. You're style, food quality and overall atmosphere is the perfect addition to Temecula! We have been back three times and have told dozens of people about our experience. Regarding the parking, we would gladly walk several blocks to visit your place of business. However, considering all the construction happening all over the downtown area, I hope everyone can remain understanding and patient. I think Rosa's is a nice place too, and I hope they haven't been hurt by the parking issue. May I suggest that you offer valet service? You could charge a small amount and offer validation for purchases to help offset the cost. This way, you can get all the people in the door without worrying where the cars get parked. Also, be sure to invite all the owners, managers and employees of Rosa's to your events often, I am sure theyll enjoy The PUBIic House too! Best regards and loyal customers, Bill and Amy Hoffman From: The Public House[mailto:publicHQ@publichouse.ty] Sent: Tuesday, January 13, 2009 11:35 AM To: publichq@publichouse.tv Subject: FW: Respectful Parking! From: The Public House[mailto:publ!cHQ@publichouse.ty] Sent: Tuesday, January 13, 2009 11:34 AM To: 'publichq@publichouse.tv'; 'gerry@publichouse.tv'; 'kimm@theforgeonline.net; 'chris@theforgeonline.net; 'jacqui@theforgeonline.net Subject: Respectful Parking! Hi PUBIic, I hope this a mail finds you well and enjoying life! The PUBIic Staff has a friendly reminder to our Great Patrons! In Respect to our neighbor, Rosa's, please avoid parking in their lot across the street as it's their property. In addition to the above we are looking for PUBIic House supporters to help back us up in the case that Rosa's moves to have our Minor Conditional Use Permit revoked! Any short or long replies are greatly appreciated for we like having and providing live entertainment and very much look forward to Movie Night, Indie Night and more Pint Fests at the least! 1 The Public House From: Julie Solferino [wuvstocook@vedzon.net] Sent: Tuesday, January 13, 2009 4:02 PM To: The Public House Subject: Re: Respectful Parking! Gerry, What can I do to help? Did you need a letter of support? Just tell me what you need and I'm there to back you up. (I have some clout in the area.101.). Julie Solferino Sent: Tuesday, January 13, 2009 11:34 AM Subject: FW: Respectful Parking! From: The Public House[mai]to:publicHQ@publichouse.ty] Sent: Tuesday, January 13, 2009 11:34 AM To:'oublichq@publichouse.tV'gerryCdpub!ichouse.tv;'kimm@theforgeon!ine. net; 'chrisCatheforgeonline.nee, 'jacaul theforceonline neY Subject: Respectful Parking! H! PUBIic, I hope this a mail finds you well and enjoying life! The PUBIic Staff has a friendly reminder to our Great Patrons! In Respect to our neighbor, Rosa's, please avoid parking in their lot across the street as it's their property. In addition to the above we are looking for PUBIic House supporters to help back us up in the case that Rosa's moves to have our Minor Conditional Use Permit revoked! Any short or long replies are greatly appreciated for we like having and providing live entertainment and very much look forward to Movie Night, Indie Night and more Pint Fests at the least! Thanks for being part of The PUBIic Family... We Truly appreciate you! You are very much a part of making PUBIic House the great place that it is! Sincerely, Gerry Jacqui Kimm Chris Cindi Christy Christa Ez Patrick NOTICE OF PUBLIC HEARING Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING DIRECTOR to consider the matter described below: Case No: PA08-0206, Public House CUP Applicant: Gerry Kent, owner Proposal: Modifications to the Conditions of Approval for Planning Application No. PA08- 0206, 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 was exempted from further environmental review and a Notice of Exemption was issued in compliance with CEQA Case Planners: Matt Peters/Cheryl Kitzerow, Associate Planners Place of Hearing: City of Temecula, Main Conference Room Date of Hearing: April 9, 2009 Time of Hearing: 1:30 p.m. 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) 694-6409. ITEM 2 STAFF REPORT — PLANNING CITY OF TEMECULA DIRECTOR'S HEARING DATE OF MEETING: April 9, 2009 PREPARED BY: Katie Innes, Case Planner PROJECT Planning Application Number PA07-0129, a Minor Conditional Use SUMMARY: Permit to authorize Temecula Valley Cheese Company to serve wine and beer by the glass (Type-42 ABC license) at their existing facility, and to allow the business to sell packaged beer and wine (Type-20 ABC license) for consumption off the premises, located at 42072 5"' Street RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15301, Class 1, Existing Facilities PROJECT DATA SUMMARY Name of Applicant: General Plan Designation: Zoning Designation: Existing Conditions/ Land Use: Site: North: South: East: West: Lot Area: Total Floor Area/Ratio: Mrs. Shawna Smoot Community Commercial SP-5 — Old Town Specific Plan; Tourist Retail Core (TRC) The Temecula Valley Cheese Company is located within a 1,530 s.f. suite in the 18,944 s.f. Penfold Plaza Building Tourist Retail Core (TRC); Retail/Restaurants(Old Town Flooring and Granite) Tourist Retail Core (TRC); Retail (I Love Clocks, Taos Territorial Traders) Tourist Retail Core (TRC); Office/Retail (Seaway Property Managers, Misc. Retail) Tourist Retail Core (TRC); Open Space (Murrieta Creek) Landscape Area/Coverage: Existing/Proposed Min/Max Allowable or Required N/A N/A N/A N/A Parking Required/Provided: N/A N/A N/A N/A BACKGROUND SUMMARY On August 1, 2007 the City of Temecula approved PA07-0130, a Finding of Public Convenience or Necessity to authorize a Type-42 ABC license (on -sale beer and wine public premises) and Type-20 ABC license (off -sale package store) for The Temecula Valley Cheese Company. Since the approval of PA07-0130, the Temecula Valley Cheese Company has been conducting wine tasting, as well as serving beer and wine by the glass. Previously, staff had incorrectly determined that the business did not need a Conditional Use Permit to sell beer and wine by the glass, however it has been brought to staffs attention by the City Attorney that any business selling wine by the glass in the Tourist Retail Core in Old Town Temecula must operate under an approved Conditional Use Permit. As a result of this determination staff re -opened the previously submitted Conditional Use Permit application (PA07-0129) on February 26, 2009. Type-42 ABC licenses are typically issued to establishments that serve beer and wine, but do not serve food. The Type-42 license is for the sale, serving and consumption of beer and wine on the premises, and shall not permit distilled spirits to be sold, served or consumed on the premises. Additionally, the area that is licensed with the Type-42 license does not allow for persons under the age of 21 to enter and remain. An alcohol review board meeting was previously held with the business owner's and the Temecula Police Department's Crime Prevention on March 15, 2007. A summary of this meeting is attached for reference. The Police Department indicated that due to the fact that the Type-20 license would allow minors to be on the premises and the Type-42 would restrict access to minors, that the applicant must physically separate the premises by license type. The business is currently operating in a manner that is consistent with this requirement. Children may enter the Type-20 (off -sale) portion of the establishment, but minors may not enter the Type-42 (on -sale) portion of the establishment. The floor plan that has been submitted by the applicant reflects the physical separation of these license types.. Signage has also been posted which clearly states that minors are not allowed to enter and remain in the Type-42 licensed areas. 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 Conditional Use Permit The Temecula Valley Cheese Company is a specialty retail shop that sells artesian and specialties cheeses. The business is located in the Penfold Plaza building which is generally located west of Old Town Front Street and south of Fifth Street. The Temecula Cheese Company is located in the Tourist Retail Core (TRC) zoning district of the Old Town Specific Plan. The land use matrix contained within the Old Town Specific Plan does not have a land use category for alcoholic beverage sales. However, the land use matrix in the Development Code indicates that businesses selling alcoholic beverages require the approval of a Conditional Use Permit. In order to allow for the Temecula Valley Cheese Company to continue selling beer and wine by the glass for consumption on the premises and to allow for the sale of beer and wine for consumption off the premises, the approval of a Conditional Use Permit is required. The Old Town Specific Plan also indicates that projects in Old Town are also subject to the requirements contained in the Supplemental Development Standards in Section 17.10. of the Development Code. The Supplemental Development Standards require that businesses requesting to sell alcoholic beverages obtain the appropriate license with the Department of Alcoholic Beverage Control. Staff has previously consulted with ABC regarding the approval of the Finding of Public Convenience or Necessity, which allowed for ABC to issue the Type42 and Type-20 license. The review and approval of this Conditional Use Permit will ensure that the applicant meets all current City requirements. The Supplemental Development Standards also indicate that businesses selling alcoholic beverages and requiring the approval of a Conditional Use Permit shall not be located within 500 feet of a sensitive use, which is defined as a religious institution, school or public park. Planning staff has consulted with the Geographic Information Systems Department and determined that the business is not located within 500 feet of a sensitive use. The closest sensitive use is Sam Hicks Memorial Park, which is located over 1,500 feet away. In order to make the Findings to approve a Conditional Use Permit, it must be determined that the proposed conditional use is compatible with the surrounding land uses, businesses and structures. Staff has completed an analysis of the surrounding land uses and determined that the surrounding land uses consist of other commercial retail type businesses, (Old Town Flooring and Granite, Penfold Cattle Company, I Love Clocks and Taos Territorial Traders, Seaway Property Management etc.), and the sale, serving and cofTsumption of beer and wine at the Temecula Valley Cheese Company is complimentary to the existing commercial uses, and is not anticipated to have a negative impact on the surrounding businesses. Additionally, according to the Old Town Specific Plan, the Tourist Retail Core consists of both retail and residential mixed use, aimed at serving the art and entertainment needs of both local residents and tourist visiting the Temecula Valley. Allowing the Temecula Cheese Company to sell beer and wine by the glass, in accordance with the specific Conditions of Approval required to ensure the public, health safety and welfare, is consistent with the goals and policies of the Old Town Specific Plan and the uses pursuant to the Tourist Retail Core zoning district. The Temecula Cheese Company's normal operating hours are as follows: Monday — Thursday from 10:00 a.m. to 6:00 p.m., Fridays and Saturdays from 10 a.m. to 6:00 p.m., and Sunday from 11 a.m. to 5:00 p.m. The hours of operations for special events are as follows: weekdays from 6:00 p.m. to 11:30 p.m., and weekends from 7:00 p.m. to midnight. A detailed statement of operations is attached for reference. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on March 28, 2009 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 pursuant to CEQA Section 15301, Class 1-Exisitng Facilities. The key consideration in determining whether a project qualifies for the Class 1 Exemption is to analyze whether the project involves negligible or no expansion of an existing use. The Temecula Valley Cheese Company is currently operating as a specialty retail shop in the Old Town area. The issuance of the Conditional Use Permit to authorize the sale of beer and wine by the glass on the premises does not involve the physical expansion of the existing facility. The proposed project is a land use approval and will not involve any physical expansion of the premises or construction. The project involves a negligible expansion of the existing use and no adverse environmental impacts will occur as a result of the approval and issuance of the Conditional Use Permit. 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. The proposed conditional use is consistent with the specific goals and policies outlined in the General Plan that are intended to be implemented in the Old Town area. The General Plan states that the Old Town area should be utilized to promote tourism and enhance the wine - making industry and related activities within the City. The proposed project will enhance the wine making and tourist industry in Old Town. Additionally, the General Plan identifies typical uses that are anticipated in the underlying land use designation of Community Commercial (CC). These land uses include retail and service oriented businesses which serve the entire community. The project is located within the Tourist Retail Core of the Old Town Specific Plan and the General Plan indicates that Old Town continues to be a strong identification and destination point for the City. According to the Old Town Specific Plan, typical uses that may occur or be developed in the Tourist Retail Core are uses that support the pedestrian oriented core and include small scale boutiques and retail type businesses. The proposed conditional use is consistent with the Old Town Specific Plan and with the Development Code. The Old Town Specific Plan indicates that Old Town should be developed to promote local and tourist oriented development and uses that add to the "thematic" ambiance of Old Town. The proposed project, as conditioned, is anticipated to enhance the vibrancy in the Old Town area. The proposed conditional use is compatible with the nature, condition, and development of adjacent uses, building 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, building and structures. The Temecula Valley Cheese Company is located within a primarily developed area in the Tourist Retail Core in Old Town. The surrounding uses include a variety of retail type uses that include small boutiques, specialty stores, wine tasting establishments and restaurants. Many of the restaurants and wine bars also offer live entertainment. Considering the surrounding uses and the nature of development surrounding the Temecula Valley Cheese Company, the proposed conditional use is compatible with the uses and land use patterns in the immediate vicinity. The proposed conditional use will not adversely affect the adjacent uses, building or structure. The Temecula Valley Cheese Company is currently operating as a retail store and fine cheese purveyor, and the addition of the sale and serving of beer and wine by the glass is consistent with the surrounding uses, buildings and structures. The project has been conditioned to minimize any potential land use compatibility concerns. The project also meets the 500-foot sensitive use separation requirement that is required by the Development Code. 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 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 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. The proposed project does not involve the physical expansion of the premises. Therefore, it has been determined that all of the yards, walls, fences, parking, loading, buffer areas, landscaping and development features that exist on the site are adequate. The Temecula Valley Cheese Company is an existing business and the approval of the conditionally permitted use to occur on the premises does not warrant any additional development features to better integrate the use with the other uses in the neighborhood. As conditioned, the use will integrate with the other uses in the neighborhood. The nature of the proposed conditional use is not detrimental to the health, safety and welfare of the community. The nature of the proposed conditional use is not detrimental to the health, safety and welfare of the community. The project has been reviewed by the Planning Department, and City of Temecula Police Department and conditions of approval have been issued to ensure and maintain the health, safety and welfare of the community. The project also meets the 500-foot sensitive use separation requirement that is required by the Development Code to ensure that sensitive uses will not be impacted by this use. ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Statement of Operations ABC License Types and Privileges Temecula Police Department Alcohol Review Board Summary 500-Foot Sensitive Buffer Map Notice of Public Hearing VICINITY MAP PLAN REDUCTIONS OAC IJ}4.y OA •JJ 9 E � � i� a+.W_. 1336.5 U3H! y]?^idu-� $ N dWOJ 3S33HJ "3 A YtlYJKi 3rv�y p ;. b f E I k.3 y aWI ?i YZ gY 3 ` ii� I"^p1 jF3 ?FEi,. P6aa� Z :z e o 5. ay 29='ti 133tl15 ;MJ::i 3a .... yy# pp INS in�E 344. Z2X9S13LYIS531Wly�'e'--116I eY 6d T o tu �_ ia`;T?iic rl.rnva � i J O O� N N o y ar � a - 0 3 U I Cpy N N tr. 0 U o u r m iA w W N O a d' O .2 o oo .a o I� a U o _ � z 7 C 0) cC N O •y N N I � � a•dQ � �1L�.•�Q� 3%' N W Ed N Y 0 0 X C 0 N --' �J I da. ie 41 25q as t 43 �! ZS �3398c3 t, i �'i a it ii itn : 11 a Sija:e a;¢5eij1 i• a�a . it § S3 x ilg Y S gI gj.e4gn tt} S :'2;Xna a FkSF S aS S S + ,,q� air 3 SY gs iiX iygsp• eS s99� - it ai; 4Sp Qj 48 a e Pf 3SkiSi ` if ir_P yp& p'q ¢`s F€ft9�a L q yX1 i YE xnF_ - • a LS a j S 5=aXY$pi!f Zt i�E _ iif 8jy$ i�e5 b` - eE`a %`4.?' - ° 1`?! e.�Ee 9 : 'j tP €�S ._yy 3 t o I, fg :-S SPSYYu; S @i =Fei § �S�j 3 i Y E.' qX ; ja4x Tx£'a f4. ?iad d iS$ S E P gg •c $at 3jY 3 {Si3y r _ Yj�SL Y I i iiqY> n x1S4t i F Mna3f a. € x. ; n Y3i 4 'd•%4 i � VOZS�eE'• >j ilo wna�'i ❑(B❑ NVId 3115 n I IIII' � Hill --- Fez$ d ANVdW0�3S33{YJ A31T/A VYgy13). - .'r U O hou$ L-i_� I I m r—r--� r—T—U@ n000Qs / C . Q QQ a O ow wo Q a(9 p w Ir aw LL w O= wv F a m U K Z 03 DH RESOLUTION DH RESOLUTION NO. 09- A RESOLUTION OF THE CITY PLANNER OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0129, A MINOR CONDITIONAL USE PERMIT TO AUTHORIZE TEMECULA VALLEY CHEESE COMPANY TO SERVE WINE AND BEER BY THE GLASS (TYPE-42 ABC LICENSE) THEIR EXISTING FACILITY, AND TO ALLOW THE BUSINESS TO SELL PACKAGED BEER AND WINE (TYPE-20 LICENSE) FOR CONSUMPTION OFF THE PREMISES, LOCATED AT 42072 5TH STREET (APN: 922-035-022) Section 1. Procedural Findings. The City Planner of the City of Temecula does hereby find, determine and declare that: A. On February 26, 2009, Shawna Smoot filed Planning Application No. PA07-0129, 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 City Planner, at a regular meeting, considered the Application and environmental review on April 9, 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 City Planner approved Planning Application No. PA07-0129, subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA07-0129 conformed to the City of Temecula's General Plan, Development Code and Old Town Specific Plan. Section 2. Further Findings. The City Planner, in approving Planning Application No. PA07-0129, hereby makes the following findings as required by Development Code Section 17.04.010 (E) — Conditional Use Permit: A. The proposed conditional use is consistent with the specific goals and policies outlined in the General Plan that are intended to be implemented in the Old Town area; The General Plan states that the Old Town area should be utilized to promote tourism and enhance the wine -making industry and related activities within the City. The proposed project will enhance the wine making and tourist industry in Old Town. Additionally, the General Plan identifies typical uses that are anticipated in the underlying land use designation of Community Commercial (CC). These land uses include retail and service oriented businesses which serve the entire community. The project is located within the Tourist Retail Core of the Old Town Specific Plan and the General Plan indicates that Old Town continues to be a strong identification and destination point for the City. According to the Old Town Specific Plan, typical uses that may occur or be developed in the Tourist Retail Core are uses that support the pedestrian oriented core and include small scale boutiques and retail type businesses. The proposed conditional use is consistent with the Old Town Specific Plan and with the Development Code. The Old Town Specific Plan indicates that Old Town should be developed to promote local and tourist oriented development and uses that add to the `thematic" ambiance of Old Town. The proposed project, as conditioned, is anticipated to enhance the vibrancy in the Old Town area. B. The proposed conditional use is compatible with the nature, condition, and development of adjacent uses, building 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, building and structures. The Temecula Valley Cheese Company is located within a primarily developed area in the Tourist Retail Core in Old Town. The surrounding uses include a variety of retail type uses that include small boutiques, specialty stores, wine tasting establishments and restaurants. Many of the restaurants and wine bars also offer live entertainment. Considering the surrounding uses and the nature of development surrounding the Temecula Valley Cheese Company, the proposed conditional use is compatible with the uses and land use pattems in the immediate vicinity. The proposed conditional use will not adversely affect the adjacent uses, building or structure. The Temecula Valley Cheese Company is currently operating as a retail store and fine cheese purveyor, and the addition of the sale and serving of beer and wine by the glass is consistent with the surrounding uses, buildings and structures. The project has been conditioned to minimize any potential land use compatibility concerns. The project also meets the 500-foot sensitive use separation requirement that is required by the Development Code. C. 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 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 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. The proposed project does not involve the physical expansion of the premises. Therefore, it has been determined that all of the yards, walls, fences, packing, loading, buffer areas, landscaping and development features that exist on the site are adequate. The Temecula Valley Cheese Company is an existing business and the approval of the conditionally permitted use to occur on the premises does not warrant any additional development features to better integrate the use with the other uses in the neighborhood. As conditioned, the use will integrate with the other uses in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and welfare of the community; The nature of the proposed conditional use is not detrimental to the health, safety and welfare of the community. The project has been reviewed by the Planning Department, and City of Temecula Police Department, and Conditions of Approval have been issued to ensure and maintain the health, safety and welfare of the community. The project also meets the 500-foot sensitive use separation requirement that is required by the Development Code to ensure that sensitive uses will not be impacted by this use. Section 3. Environmental Findings. The City Planner hereby makes the following environmental findings and determinations in connection with the approval of the Minor 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 pursuant to CEQA Section 15301, Class 1 Existing Facilities; In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review pursuant to CEQA Section 15301, Class 1 Existing Facilities. The key consideration in determining whether a project qualifies for the Class 1 exemption is to analyze whether the project involves negligible or no expansion of an existing use. The Temecula Valley Cheese Company is currently operating as a specialty retail shop in the Old Town area. The issuance of the Conditional Use Permit to authorize the sale of beer and wine by the glass on the premises does not involve the physical expansion of the existing facility. The proposed project is a land use approval and will not involve any physical expansion of the premises or construction. The project involves a negligible expansion of the existing use and no adverse environmental impacts will occur as a result of the approval and issuance of the Conditional Use Permit. Section 4. Conditions. The City Planner of the City of Temecula approves Planning Application No. PA07-0129, a Minor Conditional Use Permit to authorize Temecula Valley Cheese Company, located at 42072 5th Street, to serve wine and beer by the glass (Type-42 ABC license) at their existing facility, and to allow the business to sell packaged beer and wine (Type-20 license) for consumption off the premises, 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 City Planner this 9th day of April 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- was duly and regularly adopted by the City Planner of the City of Temecula at a regular meeting thereof held on the 9th day of April, 2009. Cynthia Lariccia, Secretary 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.: PA07-0129 Project Description: A Minor Conditional Use Permit to authorize Temecula Valley Cheese Company to serve wine and beer by the glass their existing facility (Type-42 license), and to allow the business to sell packaged beer and wine (Type-20 license) for consumption off the premises, located at 42072 5 h Street Assessor's Parcel No.: 922-035-022 MSHCP Category: N/A DIF Category: N/A TUMF Category: N/A Approval Date: April 9, 2009 Expiration Date: April 9, 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)). General Requirements PL-2. 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-3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-4. 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-5. The City Planner 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-6. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 5- Old Town Specific Plan. PL-7. A separate building permit shall be required for all signage. PL-8. The development of the premises shall substantially conform to the approved site plan and floor plan contained on file with the Planning Department. PL-9. The applicant shall comply with their Statement of Operations attached hereto and on file with the Planning Department, unless superseded by these Conditions of Approval. PL-10. The normal operating hours for the business shall be as follows: Monday — Thursday from 10:00 a.m. to 6:00 p.m.; Fridays and Saturdays from 10 a.m. to 6:00 p.m.; Sunday from 11 a.m. to 5:00 p.m. PL-11. The hours of operations for special events are as follows: weekdays from 6:00 p.m. to 11:30 p.m. and weekends from 7:00 p.m. to midnight. PL-12. This Conditional Use Permit may be revoked pursuantto Section 17.03.080 of the Citys Development Code. PL-13. The applicant shall ensure that minors do not enter and remain the portion of the business that is licensed for the Type-42 ABC license. The applicant shall continue to post and maintain all signage which indicates that minors are not permitted to enterand remain in the portion of the business that is licensed for the Type-42 ABC license. PL-14. The City, its City Planner, 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 City Planner, Planning Commission and City Council is in addition to, and not in -lieu of, the right of the City, its City Planner, 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 Permitorforthe maintenance of any nuisance condition or other code violation thereon. PLA 5. 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-16. 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). POLICE DEPARTMENT PD-1. Applicant has applied for a Type 20 (Off Sale Beer & Wine) (Package Store) through the Riverside District Office of Alcoholic Beverage Control. Authorizes the sale of beer, wine for consumption off the premises where sold. Minors are allowed on the premises. PD-2. Applicant has also applied for a Type 42 (On Sale Beer & Wine — Public Premises — Bar, Tavern) Authorizes the sale of beer and wine for consumption on or off the premises where sold. Food service is not required. PD-3. Applicant will comply with City Ordinance 97-07, (9.14.010 Temecula Municipal Code series). PD-4. Identification will be verified utilizing one of the following: A valid California Drivers License, a valid California Identification Card, a valid Military Identification Card (Active/Reserve/Retired/Dependent), a valid Driver's License from any of the 50 States or Territories of the United States, a valid U.S. Passport, a valid government issued identification card issued by a Federal, State, County or City agency. PD-5. 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 the following requirements (25660 Business and Profession Code):Name of person, date of birth, physical description, Photograph, Currently valid (not expired). PD-6. 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. The Temecula Police Department provides free training for all employers and employees involved in the service and sales of alcoholic beverages. It is the responsibility of the applicant to setup a training session for all new employees working at Temecula Valley Cheese Company. Contact the Crime Prevention and Plans Officer at (951) 695-2773 or (951) 506-6793 to set up a training date. Training must be completed prior to the grand opening of this business and periodic updated training when new employees/ management are hired. PD-7. Pay Telephones: Any public telephones located on the exterior of the building 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-8. After Hours: 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). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (Section 25632 B&P). PD-9. Authority of Peace Officers/Refusing Inspection: Police officers, sheriffs' 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 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-10. Post "No Loitering" signs upon written notice from the ABC. PD-11. Post "No Open Container" signs upon written notice from the ABC. PD-12. No alcohol consumption inside a store or outside a bar or tavern. PD-13. Illuminate the exterior of the premises, including adjacent public sidewalks and parking lots under the licensee's control, during all hours of darkness when open for business. PD-14. Remove litter daily from the premises, adjacent sidewalks and parking lots under licensee's control and sweep/clean these areas weekly. PD-15. Remove graffiti from premises and parking lot. PDA6. Have no more than 33% of windows covered with advertising or signs. PD-17. Have incoming calls blocked at pay phones upon request of local law enforcement or ABC; (see item 6 above). PD-18. Have a copy of the operating standards available during normal business hours for viewing by the general public (Section 25612.5 (c ) B&P) PDA 9. Applicant must define and clearly separate the areas between the Type 20 and Type 42 licenses with items such as an interior dividing wall, gate, and or room partition. PD-20. Applicant must insure the business has all the proper signage for the Type 20, which minors are allowed on the premises and Type 42, which minors are not allowed to enter and remain in that particular area. STATEMENT OF OPERATIONS Statement of Operations and Justification Located in Historic district of old town of Temecula in the Penfold Plaza, Temecula Valley Cheese Company is Temecula's only store dedicated to bringing crafted artisan and specialty cheeses to the residents of the city. Temecula Valley Cheese Company offers over 130 different types of fresh and aged finely crafted cheeses from around the globe. We strive to provide only the highest quality cheeses. Using only the most highly respected importers, and as often as possible acquiring the best of the domestic cheeses straight from the farm houses that create them. In addition to offering over 130 cheeses, we also conduct cheese courses for weddings and special events, prepare picnicking and gift baskets made to order, cater private cheese tasting, have a quarterly cheese club, provide gourmet meats cut to order, and have an extensive offering of food condiments as well as cutting boards and cheese serving tools. Everyone knows that cheese and wine is a classic culinary combination. As part of our concept, we would like to expand our business to include a wine and cheese garden so that our customers can taste many of the Temecula's Valleys fine wines while paring them with the finest domestic and imported cheeses. Currently, we are open Monday to Thursday 10 a.m. to 6 p.m., Fridays and Saturdays until 7 p.m. and on Sunday from 11 a.m. to 5 p.m. We are only proposing the license for on -site consumption of beer and wine in a small portion of our premises, namely, a small room within the shop and a portion of an outdoor patio immediately adjacent to the south side of the store. While we will be able to sell glasses of beer and wine, we anticipate that most of our customers will be interested in tasting various beers and wines with selected cheeses. Moreover, we intend to book private cheese and wine or beer tasting events for social groups, business functions and special occasions. Hours: General Public: Monday through Thursday 10:00am — 6:00 pm Friday through Saturday 10:00am — 6:00 pm Sunday 11:00 am — 5:00 pm Special Events: Week Day 6:OOpm —11:30 pm Weekend 7:OOpm- 12:00 am Number of Employees: 5 Number Required Parking: N/A Average Daily Trips: Undetermined Equipment: No special equipment is needed. Hazardous Materials: None 1. This site is suitable and adequate for an On Sale Beer and Wine public premises license because a specialty cheese shop with beer and wine consumption will provide a unique experience in the Old Town area for visitors and residents alike. As a gourmet food shop and wine and cheese garden within the context of a retail shopping plaza, the site is both appropriate and suitable for the Old Town Temecula area. 2. An alcoholic beverage license will not have any substantial adverse effect on traffic circulation and on the planned capacity of the street system because the shop currently exists and was planned for as part of the building's development. 3. The on sale beer and wine public premises license will not have a substantial adverse impact on the general welfare of persons residing in the community because the specialty cheese and wine shop and garden is located in a shopping plaza and within a business and tourism area. 4. The design of the project is compatible with the existing and proposed development within the district and its surroundings. ABC LICENSE TYPES AND PRIVILEGES - Department of Alcoholic Beverage Control COMMON ABC LICENSE TYPES AND THEIR BASIC PRIVILEGES State of Car4omia BEER MANUFACTURER - (Large Brewery) Authorizes the sale of beer to any person holding a license authorizing the sale of beer, and to consumers for consumption on or off the manufacturer's licensed premises. Without any additional licenses, may sell beer and wine, regardless of source, to consumers for consumption at a bona fide public eating place on the manufacturer's licensed premises or at a bona fide eating place contiguous to the manufacturer's licensed premises. May conduct beer tastings under specified conditions (Section 233573) Minors are allowed on the premises WINEGROWER - (Winery) Authorizes the sale of wine and brandy to any person holding a license authorizing the sale of wine and brandy, and to consumers for consumption off the premises where sold. Authorizes the sale of all wines and brandies, regardless of source, to consumers for consumption on the premises in a bona fide eating place that is located on the licensed premises or on premises owned by the licensee that are contiguous to the licensed premises and operated by and for the licensee. May possess wine and brandy for use in the preparation of food and beverage to be consumed at the bona fide eating place. May conduct winetastings under prescribed conditions (Section 23356.1; Rule 53). Minorsare BEER & WINE - the premises where sold. Minors are allowed on the premix OFF SALE GENERAL - (Package Store) Authorizes the the sale of beer and off the premises where sold. Minors are allowed on the SMALL BEER MANUFACTURER- (Brew Pub or Micro -brewery) Authorizes the same privileges and restrictions as a Type 01. A brewpub is typically a very small brewery with a restaurant A macro -brewery € a is a small-scale brewery operation that typically is dedicated solely to the production of specialty beers, although some do have a restaurant or pub on their manufacturing plant. ON SALE BEER - (Bar, Tavem where sold. No wine or distilled sandwiches or snacks must be av tones the sale of beer for consumption on or off the premises may be on the premises. Full meals are not required; however, Minors are allowed on the nremises- ON SALE BEER & WINE — EATING PLACE - (Restaurant) Authorizes the sale of beer and wine.fo consumption on or off the premises where sold. Distilled spirits may not be on the premises (except brandy, nun, or liqueurs for use solely for cooking purposes). 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. ON SALE BEER .& WINE — PUBLIC PREMISES - (Bar, Tavern) Authorizes the sale of beer and wine for consumption on or off the premises where sold. No distilled spirits may be on the premises. Minors are not allowed to enter and remain (see Section 25663.5 for exception, musicians). Food service is not ON SALE GENERAL - EATING PLACE - (Restaurant) Authorizes the sale of beer, wine and distilled spirits for consu mption umption 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 h f make actual and substantial sales of meals, during the normal meal hours that they are open, at least five y, 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 z i. ;.z�; �_.r•.:a:. allowed on the premises. ON SALE GENERAL — PUBLIC PREMISES - (Bar, Night Club) Authorizes the sale of beer, wine and ia G _ 3 distilled spirits for consumption on the premises where sold. Authorizes the sale of beer and wine for fficonsumption off the premises where sold. Minors are not allowed to enter and remain (see Section 25663.5 f -»_ for exception, musicians). Food service is not required. ON SALE GENERAL — SEASONAL - Authorizes the same privileges and restrictions as provided for a Type 47 license except it is issued for a specific season. Inclusive dates of operation are listed on the w_ license certificate. 4�5EE EDUG l! Yt E ABC4616 (4104) CLUB - Authorizes the sale of beer, wine and distilled spirits, to members and guests only, for consumption on the premises where sold. No off -sale privileges. Food service is not required. Minors are v KFERAN'S CLUB - Authorizes the sale of beer, wine and distilled spirits, to members and guests only, for consumption on the premises where sold. Authorizes the sale of beer and wine, to members and guest only, for consumption off the licensed premises. Food service is not required. Minors are allowed on the SPECIAL ON SALE GENERAL - Generally issued to certain organizations who cannot qualify for club licenses. Authorizes the sale of beer, wine and distilled spirits, to members and guests only, for consumption on the premises where sold. Authorizes the sale of beer and wine, to members and guests ax sty; only, for consumption off the licensed premises. Food service is not required. Minors are allowed on the 'r remises. . ON SALE BEER AND WINE - SEASONAL -Authorizes the same privileges as a Type 41. Lssued for a b ON SALE BEER — SEASONAL - Authorizes the sale of beer only for consumptionmon or off the premises where sold.. Issued for a specific season. Inclusive dates of operation are listed on the license certificate. Wine or distilled spirits may not be on the premises. Minors are allowed on the premises ON SALE BEER — PUBLIC PREMISES - (Bar, Tavem) Authorizes the sale of beer only for consumption on or off the licensed premises. Wine or distilled spirits may not be on the premises. Minors are not allowed to enter and remain (warning signs required) Food service is not required BED AND BREAKFAST INN - Authorizes the sale of wine purchased from a licensed winegrower or wine wholesaler only to registered guests of the establishment for consumption on the premises. No beer or distilled spirits may be on the premises. Wine shall not be given away to guests, but the priceof the wine shall be included in the price of the overnight transient occupancy accommodation. Removal of wine from the grounds is not permitted. Minors are allowed on the premises. ON SALE GENERAL — RESTRICTIVE SERVICE - Authorizes the sale or furnishing of beer, wine and distilled spirits for consumption on the premises to the establishment's overnight transient occupancy guests or their invitees. This license is normally issued to "suite -type" hotels and motels, which exercise ON SALE GENERAL— BREWPUB - (Restaurant) Authorizes the sale of beer, wine and distilled spirit for consumption on a bona fide eating place phis a limited amount of brewing of beer. Also authorizes the sale of beer and wine only for consumption off the premises where sold. Minors are allowed on the 0 fs. BED AND BREAKFAST INN — GENERAL - Authorizes the sale of beer, wine and distilled spirits purchased from a licensed wholesaler or winegrower only to registered guests of the establishment for consumption on the premises. Alcoholic beverages shall not be given away to guests, but the price of the " alcoholic beverage shall be included in the price of the overnight transient occupancy accommodation. Removal of alcoholic beverages frorn'the g grounds is not permitted. Minors are allowed on the premises. Silt mv, o4 M CONOI A1P ABC-616 (4104) ALCOHOL REVIEW BOARD SUMMARY Temecula Police Department ABC License Applicant Review Board BUSINESS NAME: Temecula Valley Cheese Company DATE OF REVIEW: May 15,2007 ADDRESS: 40272 5ch Street Ste#101, Temecula. START DATE: Sept. 29, 2006 TYPE OF BUSINESS: ( ) NIGHT CLUB W/DANCE-ENTERTAINMENT ( ) BAR ONLY ( ) BILLIARD CLUB ( )_RESTAURANT & BAR ( ) RESTAURANT - NO BAR' ( XX ) OTHER: Retail cheese shop GENERAL MANAGER: Jeffery David Smoot Assistant Managers: Shawn Marie Smoot - I• LICENSE: • Type: 20, 4k Other: • Percentage of profits coming from the sales of alcohol: 30% II: DESIGN: • Floor Plan / supplied • Site Plan / supplied • Interior square footage: 1088 square feet • Entertainment area square footage, if any: None • Total seating capacity:.8 to 10. • Seating configuration for bar area: N/A • Entry/exit locations: 3 Emergency exits: 3. • Patio (outside seating area): No ** If yes, seating for _16_ customers N/A ** Design: (covered, open, perimeter fencing, landscaping, .borders; etc.) • Pay -telephones (Restriction: Outside pay phones require a call - out feature only.) N/A • Alarm Type: ( XX ) 24-hour Monitored System ( ) No Monitoring System (XX ) Audible System ( ) Silent System Alarm Company: ADT Alarm • Interior lighting including type used for stage area: III: EXTERIOR FEATURES / PARKING • Parking lot configuration (Total parking spaces available): 15 shared • Exterior/parking lot lighting: • Signage (no loitering/no open containers in parking lot/etc.) • CPTED - Exterior landscaping • Exterior window coverage • Parking lot security ( ) Yes (XX) No IV: MISCELLANEOUS ISSUES: - • Type of Entertainment: Live bands (nightly, weekends only): NONE DJ music, dancing, other: recorded background music. • Special Events: Dance contest, rap, reggae, mud wrestling, etc.: None • Happy hours ( ) Yes ( XX ) No Timeframe: possible monthly wine feature/wine cheese club. • In-house security personnel - if any (Total #: NONE • Kitchen/Food/hors doeuvres, sandwiches, microwave style food, etc. ( ) Yes ( ) No ` Cups serving size: Wine: 4% oz_ to 6 oz. glass only 1 oz. taste testing for private function Beer: 16 oz. and 22 oz. glass /.bottle only bottles • Cover charge ( ) Yes (XX) No Cost: N/A • Age restriction ( ) Yes ( ) No (XX) 21 yrs and older Type 42/patio • Hours of operation: 10:00AM - 6:OOPM, MONDAY.- THURSDAY 10:00AM - 7:OOPM, FRIDAY - SATURDAY 11:OOAM - 5:OOPM, SUNDAY • Total number of employees: 2 (5 MAX.) V: TRAINING: • ABC license training available through ABC • Employee training available through the police department VI: CONCERNS: • Underage drinking • Drug use • Proper identification checks • Disorderly conduct • Parking lot issues/problems • Interior/exterior security (if any). Notes: 500 FOOT SENSITIVE USE BUFFER MAP Sensitive Use 500' PA07-0129 Highway d Religious Facilities Parks - Schools City Boundary o zeo eoo Fcet NOTICE OF PUBLIC HEARING Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING DIRECTOR to consider the matter described below: Case No: PA07-0129 Applicant Mrs. Shawna Smoot/Temecula Valley Cheese Company Proposal: A Minor Conditional Use Permit to authorize the Temecula Valley Cheese Company to serve wine and beer by the glass (Type-42 ABC license) at their existing facility, and to allow the business to sell packaged beer and wine (Type-20 license) for consumption off the premises, located at 40752 5'h 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 filed in compliance with CEQA (Section 15301, Class 1,Existing Facilities) Case Planner. Katie Innes, (951) 506-5198 Place of Hearing: City of Temecula, Main Conference Room Date of Hearing: April 9, 2009 Time of Hearing: 1:30 p.m. Notice of Public Hearing 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, Katie Innes at (951) 506-5198. ITEM 3 STAFF REPORT— PLANNING CITY OF TEMECULA DIRECTOR'S HEARING DATE OF MEETING: April 9, 2009 PREPARED BY: Katie Innes, Case Planner PROJECT Planning Application Number PA09-0026, a Minor Conditional Use SUMMARY: Permit to authorize recitals, live music, concerts, and open microphone sessions in an approximately 1,200 square foot assembly space within an existing 7,429 square foot suite located at 41607 Enterprise Circle North, Suite A. RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15301, Class 1, Existing facilities PROJECT DATA SUMMARY Name of Applicant: Mr. James Messina General Plan Industrial Park (IP) Designation: Zoning Designation: Business Park (BP) Existing Conditions/ Land Use: Site: Existing 7,429 square foot suite within an existing 15,484 square foot light industrial building North: Business Park (BP) and Open Space (OS); existing industrial development South: Business Park (BP) and Service Commercial (SC); existing industrial, warehouse and office development and vacant parcel East: Business Park (BP), Highway Tourist Commercial (HT) and Community Commercial (CC); existing industrial, office and commercial development West: Business Park (BP); existing industrial development 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 G:\PLANNING\20OMPA09-0026 The Vault MGUP\Planning\draft STAFF REPORT.doct Parking Required/Provided: Day -time Uses: TVSOMATA & Abbey Rents Office: 8,391 square feet/300 = 28 spaces Warehouse/storage: 7,093 square feet/1000 = 8 spaces Total: 36 spaces required; 38 spaces provided Night-time Use: 'The Vault" Auditorium/assembly: 1,254 square feet/33 = 38 spaces required On -site parking provided: 38 spaces BACKGROUND SUMMARY A Temporary Use Permit application was submitted on December 4, 2008. As a result of staffs review and direction, this application was withdrawn and a Minor Conditional Use Permit was submitted on January 27, 2009. Staff and the applicant have worked together to ensure adequate parking for the use, compliance with occupancy loads and exiting requirements, and other City requirements related to this project. The Temecula Valley School of Music and the Arts (TVSOMATA) is currently operating within the existing 7,429 square foot suite located at 41607 Enterprise Circle North. The normal operating hours of this business are Monday through Thursday from 11 a.m. to 8 p.m., Fridays 11 a.m. to 6 p.m. and Saturday from 10 a.m. to 6 p.m. TVSOMATA offers private and group music lessons in a professional environment. The facility offers 15 private studios and two classroom spaces, and on occasion, TVSOMATA offers the use of its classroom space, free of charge, to the Arts Council of Temecula Valley to support their classes and workshops. TVSOMATA studio space is sound -proof, allowing bands and musicians to practice and develop their musical talents and avoid otherwise loud disturbances when done in home garages in residential areas. The owner of TVSOMATA has indicated that he would like to open The Vault, an all -ages entertainment venue which provides a place to house musical performances and recitals where students can showcase their talents, and where professional and semi-professional musicians and bands can perform. The incorporation of this performance and entertainment auditorium area into the existing business operation requires the approval of a Minor Conditional Use Permit. 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 Zoning Analysis The TVSOMATA facility is located in the Business Park (BP) zoning district. The current operation of TVSOMATA includes a general retail use, along with music lessons and recording studio. These uses are permitted in the Business Park (BP) zoning district. The proposed operation of The Vault, which is a 1,254 square foot auditorium space where people of all ages assemble to enjoy the concerts, recitals and live music, will occur after TVSOMATA closes. The proposed hours of operation for "The Vault" are Thursday nights from 8 p.m. to midnight and G:\PLANNING\2009\PA09-0026 The Vault MCUP\Planning\draft STAFF REPORT.doc2 Friday and Saturday nights from 7:30 p.m. to midnight. No food or beverages will be served at The Vault and alcoholic beverages are strictly prohibited at this venue. Additionally, according to the applicant's statement of operations, the business will provide a safe facility by enforcing a "zero tolerance" policy and a drug and alcohol free operation. Additionally, the applicant's statement of operations indicates that they will provide security as necessary to ensure the safety and security of its patrons. The Temecula Crime Prevention Bureau has reviewed the request for the Minor Conditional Use Permit and provided Conditions of Approval. The Police Department's Conditions of Approval require compliance Section 9.12.010 of the Temecula Municipal Code regarding curfew for minors. Additionally, the Police Department's Conditions of Approval prohibit alcoholic beverages in the facility, and clarifies that if the applicant chooses to provide security that the security officers be unarmed, licensed, insured and bonded. The Building and Safety Department, Community Services Department, and Fire Prevention Bureau have also reviewed this application and have provided Conditions of Approval. Their conditions ensure that all life/safety requirements, including safe exiting and maximum occupant loads will be met. The project has also been conditioned to be consistent with the maximum noise thresholds outlined in the City's General Plan. Land Use Compatibility Staff has completed an analysis of the surrounding land uses and determined that the project, as conditioned, is compatible with the surrounding businesses, buildings and structures. The properties surrounding the project site are zoned as Business Park (BP), Service Commercial (SC), Community Commercial (CC) and Highway Tourist Commercial (HT). The existing land uses surrounding the project site consist of various businesses and uses that are consistent with the existing zoning designation. The uses include a mix of industrial, office, warehouse, and varied service commercial and retail/commercial land uses. According to the General Plan, there are no sensitive receptors (schools, libraries, parks) within the immediate vicinity of the project. Additionally, the project has been conditioned .to require compliance with the General Plan's noise thresholds and the City's Noise Ordinance to ensure that the surrounding land uses are not disrupted by this project. Also, since The Vault will be operational during the evening hours when most of the immediately surrounding land uses will be closed, it is anticipated that The Vault, as conditioned, will not negatively impact the surrounding land uses. Parking Currently, there are 38 parking spaces provided on -site to accommodate the operation of the day -time uses. The existing parking that currently exists on -site is adequate to accommodate the day -time operation of TVSOMATA, as well as the day -time operation of Abbey Rents which is currently operating in Suite B of the existing building. The day -time uses require 36 parking spaces. Staff has completed a parking analysis for the proposed Minor Conditional Use Permit to determine if adequate parking is provided for the night-time operation of The Vault. According to Development Code Section 17.24.040 the 1,254 square foot assembly space for The Vault would require 38 parking spaces to be provided during the evening hours to accommodate the proposed use. The project meets the minimum parking requirement pursuant to the Development Code. G:\PLANNING\2009\PA09-0026 The Vault MGUP\Planning\draft STAFF REPORT.doO LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on March 28, 2009 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 pursuant to CEQA Section 15301, Class 1 Existing Facilities. The proposed project authorizes a conditionally permitted use (concerts, live musical performances, and open microphone sessions) within an existing building in the City of Temecula. According to the CEQA Guidelines, in order for a project to qualify for this categorical exemption the key consideration is whether or not the project involves negligible or no expansion of an existing use. The project qualifies for the Existing Facilities exemption because the project involves no physical expansion of the existing building footprint. Additionally, the conditionally permitted use to allow for concerts three nights a week is secondary to the primary day -time use of the building, which is for retail, musical education and recording purposes. No indirect traffic impacts are expected as a result of this project because the hours of operation proposed for this conditionally permitted use does not conflict with the other uses in the surrounding area. The other uses in the surrounding area are primarily day -time uses and the conditionally permitted use is a primarily night-time use. Therefore, no adverse traffic impacts are anticipated as a result of allowing this conditionally permitted use to commence and continue in this existing building. The only construction activities that will take place as a result of this project are minor interior tenant improvements which will not result in a significant environmental impact. FINDINGS Development Code Section 17.04.010 (E) — Conditional Use Permit The proposed conditional use is consistent with the General Plan and the Development Code The proposed conditional use is consistent with the General Plan and the Development Code. The Land Use Designation of the property is Industrial Park (IP). Typical uses in the industrial park may include professional offices, research and development laboratories, light manufacturing, storage, industrial supply and wholesale businesses. Although the proposed conditional use is not a typical use for the Industrial Park land use designation, the unique impacts and compatibility of this proposed conditional use have been analyzed in context with the existing land uses, businesses and buildings in the surrounding area. According to the Development Code, an auditorium for an all -ages entertainment venue is allowed contingent upon the approval of a Conditional Use Permit. As conditioned, the proposed project meets all applicable development code requirements for conditionally permitted uses in the Business Park (BP) zoning district. The project has also been conditioned to ensure consistency with all applicable Municipal Code requirements as they relate to noise, curfew for minors, safety and the protection of the general welfare. 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. G:\PLANNING\2009\PA09-0026 The Vault MCUP\PlanningWraft STAFF REPORT.doc4 The proposed conditional use, an auditorium for an all -ages entertainment venue in the Business Park (BP) zone is compatible with the nature, condition, and development of adjacent uses, buildings and structures. A land use compatibility analysis indicates that the surrounding uses consist of primarily industrial, warehouse/storage, office and general commercial uses. The majority of the surrounding businesses operate during normal business hours (weekdays 8 a.m. to 5 p.m.). The proposed conditional use will operate after normal business hours (Thursday, Friday and Saturday nights from 7:30 p.m. to midnight). Therefore, the nature of the proposed use, which is a use that will occur after normal business hours, is not anticipated to adversely affect, or conflict with the adjacent uses, buildings, or structures. The proposed conditional use has been reviewed for consistency with the General Plan and Development Code and the unique impacts of this proposed conditional use have been analyzed. As a result, the project has been conditioned to mitigate any potential impacts on adjacent properties and ensure the continued maintenance of the public health, safety and welfare. The project has been conditioned to require compliance with applicable Development Code requirements and Municipal Code requirements for noise and curfew for minors. The project, as conditioned, will ensure that the proposed use will not aversely impact the adjacent uses, 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 City Planner, Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The site for the proposed conditional is currently developed. The building which houses the conditionally permitted use currently exists and the site has been improved with all existing walls, fences, parking and loading facilities, buffer areas, landscaping and other development features prescribed in this Development Code and required by the City Planner. No additional physical site improvements are proposed as a part of this project. 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 project has been reviewed by the Planning Department, Building and Safety Department, Community Services Department and Police Department. Each of these departments have reviewed the project in light of the City Municipal Code, Development Code and General Plan requirements and have. provided Conditions of Approval. The Conditions of Approval include a number of operational restrictions and requirements to ensure that the project is consistent with the noise thresholds in the General Plan, that the use complies with the City's curfew for minors requirements, that loitering will not be permitted outside the building or within the parking areas and that all life/safety requirements, including existing and maximum occupancy requirements are being met. These Conditions of Approval are intended to ensure that the approval of this project is not detrimental to the health, safety and general welfare of the public. GAPLANNINGt20OMPA09-0026 The Vault MCUPOanningWraft STAFF REPORT.doc5 ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Statement of Operations "Curfew for Minors" —example flyer/signage Notice of Public Hearing G:\PLANNING\2009\PA09-0026 The Vault MCUP\Planning\dralt STAFF REPORT.doc6 VICINITY MAP PLAN REDUCTIONS y, aimg 'sivauFanojdwj iusu, t i O env uv a Wrenn isle spunog -eRnoawal — 31nEA a41 i i co fig 0 0 g H a oil E E i3ttll g ! °itii �iyaFp t a�f j NO � °} ,t � a$ . Rill a, Q tE=t€, tgaRR tg,€!= Milt ��itt Fi et6lii ; $ E 9 � O R t it t7t4 to tt Itiu else °ii„9 [Fiat tiiui d 9t HIT F 7 a EEi e�f {te i EE E f�. c is t i §! Illy( 'f c pp °e a , t i 6 R `l G Ly N E j Et Pt3 ! EF a ° 1S1S1Sj � � i'f ij —�j p)2 EggipJJ ga .i8 �$i aiJ (�ttO ;�J a ii 533 IL -m� E i;l } °m. et tip, � � : < j j \T •. � s 4 Z ou ilk+�, tEI4l Old, iEI, Etl; sd Fff ff.I,aE # ! # d w oil !°t ` �w y, apns 'quawatkoidwl luuual I i i N viv i�ov» �SIB3Y }e!d spunog Blnoawal - }lnuA ayl t E g4HQ ! @�1�§�� 11§° pps a }jp WON'T,g p Sli.e all, § 11 `! i4 _ if; Fl}idle !q�!!Y!3 i! Eppe4I ® Si Qt Ba tt Ef 33 kF[N �,ig 6tIM, l �€!79MI11} �i�delip lglP��g i ydy s!g €Ept(a � e !� .�. 9igll�ldii9 iIf ' if �39•p� Ed I s x Qg¢ IFE d iFi� H t¢ MH !i=lR e k3$3� !3 i e`39°l�,g gF jii4Fid 9!4€��i�§d�l�itd R § 5 9 t D fiDi ill H I g t HOW } i �€9 x p� id�� rk, i D 6 5' i� �DaYFg§ d Q!l . ¢¢ x F1�6 g�p !•�!° ! )[° yf � !Yiit 1Qlefi@i D 3t,. p.. lLdceg g§Ei'6 O 991 l��S fge -I 2[}pp� �jEk3 d]]€�yy.{{ey°{l f� {iy' Oil ! 3Eq� 5@FkD iF 15 a 3€Bi t6S83 if § § Sx 1 6l 1 l9§3i€< °°4 Mir, Mir, Q Q x8l$ 2 1 3lR d;l xil�l# v b i `Di I" iq� I)CV\� Cnal vD0 uo i 4 P Ifs@I}$�€� iiiq EiP 4 e'xv4E66 D [{iix[°i !!°ii peeY�4 gyp ¢ 9i�9 t! !gg i2}! Y SiY�DP p�eD EOQiee4 _ 3�— 0 �Q a 4 pR °d 'j{y{ F}! �gtR€[i4 [x,"�y, �} 4D� c e d �3 sY � .� 4 3 f� @@� � �i,�•,� L!¢gp ¢Y 3°l Edxill ![AEii Y�jd¢ �!_ l6 SA 4 g Mill! Pia pP ii ¢ � 4 ` G Sig ¢a@3i55P�°a`"fi Off gQ�Q 4x€@4 g igpp 6!@5t3 4(iSRg 'd ° � H 4f '! ° fill ASS Y$@d#F e1�`¢AY� x}ll:4 14p.q ry D4 yi °xi i l� �35555B19k¢g i¢ 2 ]d �9��F E � eRE�1e ! e; is O 4Dd2 g! lY 3 I y! €s; p°p� Pi4 yPy¢ ig �jee4 Px eid@ ¢¢4@@ y.�sx, 3 l�p433gg§§ d'ieP48 D fgiffe l � 7 6Fi[i Ada• � p3g{ dE g� xfil�A} ! YfBeMa� Fd� 9=E3� a; a; Ilk f' ea isi 3! °!! !a i p Ell, ° td`A.;ii g a! z D z z ! € �9H !€6 lg�g {{f� E i }� � $�.: e Q 4€€ Ell #! . AE! l !l ! ! �€ lC E $ �' z•x E' �llc dQ x� � kg R55YE �� !dgp zee 4�•!D E $ i g i � 3Q € pE � !E� AE$€ ESD$ �jE @ F F �2�k CI Q k Elii 11��P ! }j d5Hd•D •x!$i}•di } IQ f }3 E! A3 0 C: Q !r� i°¢ it }� if9i E � ® !!d Y °, 3$ I g, D• 3 4g� !,S ! l 3 t €E } }H Ell 9 ipE° q!P iQ! FA' *1 ! '` ! t]!6 EpA! !@�E$ 3'!i€ Q i E dE ! i I FY E gg A Ei d. [I €3 31�x x kY G QSC PE g°d ! }l} n 8 !� Q B fl�jJ E i lie (7 1 \ Uri PkdDD l� D1 y iF �! e a x a il! y➢ ! p i E i° t! ii: l d! d $ Cl D(dQedd € .°P Q3 9dF E} ° e6• €:= 1 A de ? p ! Efy3 1 i5 x 9 [jj eppli�i{{g§ Df ¢p E 9 vG3 °�1E 5y3i i !fpp1P }3 d 'H 3•° 3 P dj SQ t49Pp�843a5a(Ci i 4"et S]d l�� C tfi{ €i 3 i teQoil �� i $ i gy Ba }.1 HAD i 4@ E ¢ t( Y ! y € 3yg e §t 3gd ,Qe 6 p°Q� [ 3D •d C ee 6 eY tq iz 6} ! gg $3 iiS3° dQ g @@ 95 !x 55 Ida 33 i 43 �Hii �C �i §§§y! ! lx It}i C i € BE'�i1 f p 3p Hl p €g=d a !}#@ p$ E i 1 iiD¢! gl S g� gFe d dEpF QDi! �l" a �d}spgppC�pl3 4d3 i6� d€� 1 iet !f i i 3iQ 93EE EQii �l it I!}€ 111 vI I'l! I'll tl i1 In I°3 l d! Et 1i o! € P 98 € ¢ iH !g j : !� n. . . . . . . 0 • e a f a ♦e • . p a q R A • 15 . 5 P • 0 ° E@!P§lFYP€ 5 n . . v, apns 's;uawanojdwi Yuuual ° 110 vrv, "v EE japm e t�tE spunog Relnoawal - 11me a41 a 1 t cz 'fill rgt 3 it s ji F tl :3 Pit � P t¢� � 4z� � �� •Y �jY ) E �i t Ei if 4§lt 2 EYtt i° 2 t iS 6 t gi pi E E il! t F t eE' 3 $4 J �5 t E?istte 3 fill $ i t Ei 3i'ae66 if le l 4e i 1e ii E3 Pt Y 00 ®8 at e 3e F € sH i Ii ti 't� il�s� �� , t� 91 1. 1!e 1 #�F� I It �{ 1I i3 ��§ ii��t€I psi ?�� f:�j,�o.•. &°�� bra lE�i�i stet#� ti s p 9 e� ILIA tYRE Y R Y •pp � pp3Ye �': a � g'g "e iEFF -- -- 1- All ij 63 pp a tE tl ly 9 e ��ppp tltE �56�¥i " er s�l�$3 H�1g� pE�g��3 vi5 Fi@ti ---•w® ! F TO y, aUng `s;uawanoidwl Jusual s @ p �+.d };1P spunog Blnoawal _ }�ne� ayl @ i x 3@@E Fy q 4 P;, fE 'aill -of / �: :Z\ Pe f! 6 yy f !!y yy }R6 �11101 a DO a @R � f IId 64 ii II II via P3 Fe 1� So- P 7e to mm � @PCB 3 6 P re fit i a e P 0 Fiji 11 --ICI @3 q yy � gg r @ @ ��;Q 4a Bpi �@@°Y4s £gP a e tY F@rlo:ge loll @@ 4elF r9@C� efia€i HIS pgg�eF �€R p(x � 4€ 74 3�$a�5 IS 111@ P6€ e93 ei_ � �' fi• a € o :..... u � '. i , S P gB FF 63fi tx# 5` � 3 jIlE @y #p y. 1� � 55� [ 1 0 ie y !P! P iiR @{${q 4'4y°` P @; „ t y;4EPi �{ 3Y @ $fi 1 it F € (4Pi 3 �� 4 P€ i�i@€ I� 9 gtlgRB�� P. I it �¢ F 1a� €'(p-y2€?a7 P @S 3 g 6g ix [i 4€ ig Nil I fill 15g R 1 1 @ � �Jwpm "wor+oy,a}�ng 's�uawanojdwj ;usualp my Gov Qa fill spunog Bjnoawal - 31nBA a41 ! d00 CO Q! Q 4 -� __ 6 gQgn III 1 Ic SE IRS lial tj , s F ! 11S4 : [ 3� pe E 33Ei� 34 !€ ! fill i S 1 —• } Hill �Ai! \ !°i bR s!� �Ef R PgR�3�§ p iRQ .._�_ _ ___.-_ ______ --_-------- _____- ___ ____ -__ -__ S . f S e a { II 71 • — 9 a5 i 56L E pj pq i( E��j`j� y9Sf i{/ @S@� e K - pQA --- j�I 9Qptpp9e,/y/y r Ili lJ L�.h 9Eyy „a. I eH I V I V y, ap.ng `sivawanojdwj;usual vw'u- ',H rpm f}1� spunog slnoawal - }jn8A GU _! 1 O pppp 3 So Y J Q gg gg 8 y yak a O e d WIM ro` bg 95 � zz d� 3 H fig w 2 RR4:Y � w g g gc4S MAN A: y, a}ins 'sjuawanojdwj juaual e ! O �v u�ov dueM !�!a spunos e�n�awal - IInEA a41 ;! aE a ( f 7t 5 �( t � � 8Btl5 � tt6a i g a rc mm Y rc • 9p i 6 v v` a LG 6 �B I 4 �g Y A E d � s g�g � a�. �I �yy peyy ¢a Mill e 13�oo {�'iE111111111111111111111111111111iE ��IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII �LIIIIIIIIIIIIIIIIIIIII IIIIIII ��IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII �IIIIIIIIIIIIIIIIIIillllllllllll - �IIIlillllllllllllllllllllllllll 'fDlllllllllllllllllllllllllllllll ! ��IIIIIIIIIIIIIIIIIIIIIIIIIIII� . .: ' f��€'llilllllilllllllllllinnlnl of��mmmmmmm�m �11�311111111111111111111 IIII o®�minlll u Imllnunnnnnnnnnn I�Illnnnnnmm�nnm ��®��II I�IIIIIIIIIIIII IIIIIIIIII Isnnnnnnnmiliim . �IlaGllll �Innnnn (311111111111 �19111 IIII aoo will ell IIII EGG '' IAlllllllll 3 d r a � gb�fifi��@$�@$pgp9}y}y?5ys5y ��J{ �z pypy� yy ady� �E[� 9 2§§§g r ` O y, aUns's}uawanoidwl }usual vro v'a�euaM 1�1, spunog u1noawal - 31nBA a41 _ -! w �e 4 S E —f /1 e e L f e a � g�g6ip�p' Hev� 01 s S e gyp°p �6 5 a tip -� ILI ; O E etl _ C. geeg \ 8 3g E 4� t' ` ,y, ap.ng 's}uawanojdwl IUBUOI `d° j O v,�gw'd �apm !!�! spun$ Blnaawal - }jn18A a41 n_ �t P Dou 0g 6 a u ��•�I r3 �p [ aE � A � � &F 5• $a N i¢ 1g€ „ @@ Y gga ESN g g P ifs ti : �� ?qY g^f 4 3�a aS ��} gg 3 � W d Eg� 4�°�fy �gg� •{EY g fiq "e a 6¢4 ofe9 '8IE Na` x d k4l` 9e as z AY Yz Z a g I! se 'i 5 n Q§-3F3 ppq 3 3g b 2 f 3@ ¢ {Y K i C gS f C�+ TL 3C5 �a � d'Yy Ey Y}P tls �b � i �'• !j` Yb i E gg ffix 4� Y iM A jy�e aJ i< i w °?E 5 g YY @ 9J 43 LY%` Il" Ee !! Fg e $ � �g of @ $y ?A $$ 9g 9'I $4E$e 5Yar jb O 3 R F$ g e , ° i $q; {a ¢ $ 3e 5 Ie� I¢d rF$$43 g } @3�y ESgi iJ NO $3 3F V € p Is a e @` Y€€€ d e 9 yy. s 'e V§" s z A7. a g$ • a e d d' es e $ s@ 3i $--`xed g =P ' ga E88 'e �5 <' '4 p.e �� gg Y.y w k e9m A_ fgggs die . c qqP OO s s d[yyE k7§� q tl" >g aj $!a. § Aa •°'2. E g A§. V N3 ?,H g ! 5555Y, ;g 4i Y N c¢8, 11 °y [@E y" 3 o .b: pyy r 3 i q Yg6{Y gq E 2 HEN �.n ;�Y �g [�y Y = g �e. [## SY$ !• �t +ggYS � i � qqg= 58' �� Eed [:k $ g� B! Eg'1 3c 99 3 @ "ex 34 3Y. 3Y� 3a 3x 3a st; 36 ^e3a�"e� i�$ F 2 Q c SR S U 5 z v e a x N W g 4F E_ d it C a qt a g 4\ p �zx v t -Y P z Y3(�,Sg � 4�i J E6 °ei3e�S��3fi��6 ]ggE EE ggee y N $�d `� N S@E m J � � �SSS �ne>aesg=ga@�B3J9a=�E$�€g2§YidE F �ll�llllillll�l� lc� a Qo�3. �9 �8°3 € a� e ?: gY r� y3ip3y £ 9 5 33pG g algJl' S 2 3 3 igg •yYd �g dS� Y � a � ee-8� g�) yp yyx xG ��€NEY e�4 � � pp 3 35. r�r •i. t IWJ EAS4 �gp[� n� p}g$� iA TE Cd5 gY e6 N p�igF��p$Y jj�-[��Yi: �� 3id 3aii��3 K 7 "s x z m L _ - - � S n.v n_ Wry Y Cr ~ �2K rvn nnrv- - rll a <3 y, apns 'sjuawanojdwj }usual ° ► N oro "ate ti�u�nn !s!e spunog i8lnoawal - }lnBA ayl ! [ CL ee g °ass �io'�s ° IL (3, 9 0® 0 B0 60E0 9 r 9 A y §e g k — x�y, ' ryg8 I §. 3; l i 9 [ �Lw I R 4 f J J I F 8 i I i I i I I DH RESOLUTION DH RESOLUTION NO.09- A RESOLUTION OF THE CITY PLANNER OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09-0026, A MINOR CONDITIONAL USE PERMIT TO AUTHORIZE RECITALS, LIVE MUSIC, CONCERTS, AND OPEN MICROPHONE SESSIONS IN AN APPROXIMATELY 1,200 SQUARE FOOT ASSEMBLY SPACE WITHIN AN EXISTING 7,429 SQUARE FOOT SUITE LOCATED AT 41607 ENTERPRISE CIRCLE NORTH, SUITE A (APN: 909-281-011) Section 1. Procedural Findings. The City Planner of the City of Temecula does hereby find, determine and declare that: A. On January 27, 2009, James Messina, filed Planning Application No. PA09-0026, 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 City Planner, at a regular meeting, considered the Application and environmental review on April 9, 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 City Planner approved Planning Application No. PA09-0026, subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA09-0026, conformed to the City of Temecula's General Plan and Development Code. Section 2. Further Findings. The City Planner, in approving Planning Application No. PA09-0026, hereby makes the following findings as required by Development Code Section 17.04.010 (E) Conditional Use Permit. A. The proposed conditional use is consistent with the General Plan and the Development Code; The proposed conditional use is consistent with the General Plan and the Development Code. The Land Use Designation of the property is Industrial Park (IP). Typical uses in the industrial park may include professional offices, research and development laboratories, light manufacturing, storage, industrial supply and wholesale businesses. Although the proposed conditional use is not a typical use for the Industrial Park land use designation, the unique impacts and compatibility of this proposed conditional use have been analyzed in context with the existing land uses, businesses and buildings in the surrounding area. According to the Development Code, an auditorium for an all -ages entertainment venue is allowed contingent upon the approval of a Conditional Use Permit. As conditioned, the proposed project meets all applicable Development Code requirements for conditionally permitted uses in the Business Park (BP) zoning district. The project has also been conditioned to ensure consistency with all applicable Municipal Code requirements as they relate to noise, curfew for minors, safety and the protection of the general welfare. 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, an auditorium for an all -ages entertainment venue in the Business Park (BP) zone is compatible with the nature, condition, and development of adjacent uses, buildings and structures. A land use compatibility analysis indicates that the surrounding uses consist of primarily industrial, warehouse/storage, office and general commercial uses. The majority of the surrounding businesses operate during normal business hours (weekdays 8 a.m. to 5 p.m.). The proposed conditional use will operate after normal business hours (Thursday, Friday and Saturday nights from 7.30 p.m. to midnight). Therefore, the nature of the proposed use, which is a use that will occur after normal business hours, is not anticipated to adversely affect, or conflict with the adjacent uses, buildings, or structures. The proposed conditional use has been reviewed for consistency with the General Plan and Development Code and the unique impacts of this proposed conditional use have been analyzed. As a result, the project has been conditioned to mitigate any potential impacts on adjacent properties and ensure the continued maintenance of the public health, safety and welfare. The project has been conditioned to require compliance with applicable Development Code requirements and Municipal Code requirements for noise and curfew for minors. The project, as conditioned, will ensure that the proposed use will not aversely impact the adjacent uses, buildings or structures. C. 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 City Planner, Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The site for the proposed conditional use is currently developed. The building which houses the conditionally permitted use currently exists and the site has been improved with all existing walls, fences, parking and loading facilities, buffer areas, landscaping and other development features prescribed in this development code and required by the City Planner. No additional physical site improvements are proposed as a part of this project. 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 project has been reviewed by the Planning Department, Building and Safety Department, Community Services Department and Police Department. Each of these departments have reviewed the project in light of the City's Municipal Code, Development Code and General Plan requirements and have provided Conditions of Approval. The Conditions of Approval include a number of operational restrictions and requirements to ensure that the project is consistent with the noise thresholds in the General Plan, that the use complies with the City's curfew for minors requirements, that loitering will not be permitted outside the building or within the parking areas and that all life/safety requirements, including existing and maximum occupancy requirements are being met. These Conditions of Approval are intended to ensure that the approval of this project is not detrimental to the health, safety and general welfare of the public. Section 3. Environmental Findings. The City Planner hereby makes the following environmental findings and determinations in connection with the approval of the Minor 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 pursuant to CEQA Section 15301, Class 1 Existing Facilities. The proposed project authorizes a conditionally permitted use (concerts, live musical performances, and open microphone sessions) in an existing building within the City of Temecula. According to the CEQA Guidelines, in order for a project to qualify for this categorical exemption the key consideration is whether or not the project involves negligible or no expansion of an existing use. The project qualifies for the Existing Facilities exemption because the project involves no physical expansion of the existing building footprint. Additionally, the conditionally permitted use to allow for concerts three nights a week is secondary to the primary day -time use of the building, which is for retail, musical education and recording purposes. No indirect traffic impacts are expected as a result of this project because the hours of operation proposed for this conditionally permitted use does not conflict with the other uses in the surrounding area. The other uses in the surrounding area are primarily day -time uses and the conditionally permitted use is a primarily night-time use. Therefore, no adverse traffic impacts are anticipated as a result of allowing . this conditionally permitted use to commence and continue in this existing building. The only construction activities that will take place as a result of this project are minor interior tenant improvements which will not result in a significant environmental impact. Section 4. Conditions. The City Planner of the City of Temecula approves Planning Application No. PA09-0026, a Minor Conditional Use Permit to authorize recitals, live music, concerts, open mic and jam sessions in an approximately 1,200 square foot assembly space within an existing 7,429 square foot suite located at 41607 Enterprise Circle North, Suite A (APN: 909-281-011), 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 City Planner this 9th day of April 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- was duly and regularly adopted by the City Planner of the City of Temecula at a regular meeting thereof held on the 9th day of April 2009. Cynthia Lariccia, Secretary 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.: PA09-0054 Project Description: A Minor Conditional Use Permit to authorize recitals, live music, concerts and open microphone sessions in an approximately 1,200 square foot assembly space within an existing 7,429 square foot suite located at 41607 Enterprise Circle North, Suite A Assessor's Parcel No.: 909-281-011 MSHCP Category: N/A DIF Category: N/A TUMF Category: N/A Approval Date: April 9, 2009 Expiration Date: April 9, 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)). General Requirements PL-2. 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-3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-4. 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-5. The City Planner 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-6. A separate building permit shall be required for all signage PL-7. The development of the premises shall substantially conform to the approved site plan and floor plan contained on file with the Planning Department. PL-8. The applicant shall complywith their Statement of Operations contained on file with the Planning Department, unless superseded by these Conditions of Approval. PL-9. The permittee shall ensure that patrons do not loiter outside the building, in the parking lot area or on adjacent properties. Patrons shall be inside the building during all events. PL-10. The permittee shall ensure compliance with the maximum occupancy load at all times. PL-11. The permittee shall ensure that a clear pedestrian pathway is maintained, (as consistent with the building plan -area reference exhibit contained on sheet a101, which is retained on file with the City of Temecula Planning Department for PA09-0054), adjacent to the restroom area. Patrons shall not be permitted to assemble in this area. PL-12. The applicant/permittee shall comply with Municipal Code Section 9.20 (Noise Ordinance). The project shall also comply with the noise thresholds contained in the General Plan. PL-13. Alcohol is strictly prohibited in the facility. The permittee shall ensure that no alcohol is on the premises. PL-14. This Conditional Use Permit maybe revoked pursuant to Section 17.03.080 ofthe Citys Development Code. PL-15. The City, its City Planner, 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 City Planner, Planning Commission and City Council is in addition to, and not in -lieu of, the right of the City, its City Planner, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permitapproved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permitorforthe maintenance of any nuisance condition or other code violation thereon. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL-16. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning (951) 696-3000." PLAT In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least three square feet in size. PL-18. All site improvements including but not limited to parking areas and striping shall be installed. PLA 9. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. PL-20. The "Curfew for Minors" flyer/signage, as required by the City of Temecula Police Department Conditions of Approval, shall be posted prior to the commencement of the use. PL-21. The tenant improvements pursuant to building permit number B08-2056 shall be completed and finaled prior to the commencement of this use. BUILDING AND SAFETY DEPARTMENT 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 van accessible parking located as close as possible to the main entry. B-3. Show path of accessibility from parking to furthest point of improvement. B-4. Obtain all building plans and permit approvals prior to commencement of any construction work. B-5. Commercial and industrial project trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. COMMUNITY SERVICES DEPARTMENT General Conditions/Information CS-1. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City s franchisee may haul demolition and construction debris. CS-2. The applicant shall comply with the Public Art Ordinance. Prior to Issuance of Building Permits CS-3. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. FIRE PREVENTION General Requirements F-1. 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). F-2. Provide fire extinguishers spaced every 75-feet (CFC 2404.12 and 906.1, Table 906.3(1)). F-3. Extension cords shall be of a 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-4. Provide an approved self -luminous exit signs or illuminated exit signs at required exits and where otherwise needed to clearly indicate the direction of egress (CFC Section 2403.12.6.1). F-5. Emergency egress paths must be maintained and kept clear through out the events. POLICE DEPARTMENT General Requirements PD-1. Applicant will comply with all of the following regarding this Conditional Use Permit. PD-2. The use of all alcoholic beverages is prohibited all events. PD-3. Applicant will provide sufficient lighting during the hours of darkness PD-4. If private security is utilized, applicant will ensure Security Company is licensed, bonded and insured. Furthermore, security personnel will be unarmed. PD-5. Applicant will monitor Curfew for minors: Temecula Municipal code 9.12.010 series defines and establishes curfew for minors within the City limits between the hours of 10:00 p.m. and the time of sunrise of the following day, seven days a week. With the exceptions as stated in 9.12.030 of the Temecula Municipal Code, applicant will enforce this curfew with minors under the age of eighteen years who is not with a parent, guardian or a custodial person. Furthermore, the applicant will post signs within the complex (a minimum of five signs per space) with the following verbiage: a. Curfew for Minors City Ordinance 9.12.010 series prohibits minors under the age of eighteen years to be in this facility after 10:00 p.m. unless accompanied by a parent, guardian or custodial person twenty one years or older. This ordinance will be strictly enforced. The background of the signage will be white in color. The words "CURFEW FOR MINORS" will be in 1" red lettering. The remainder of the signage will be 1/2' black lettering. These signs will be professionally printed. PD-6. At no time will public road closures occurwithout permission from the City of Temecula. PD-7. Applicant will monitor all traffic, both foot and vehicle and notify the Temecula Police Department watch commander at 951-696-HELP immediately if conditions becomes hazardous. PD-8. The Temecula Police Department reserves the right to stop, cancel ortemporarily delay all or portions of any activities occurring at this event, when police or public safety becomes a major issue. PD-9. Applicant will be responsible for any cost incurred by the Police Department if additional officers are required because of traffic problems/congestions, public disturbance or where the need for police presence is required. PD-10. Refer any and all questions regarding these condition to the Crime Prevention and Plans Officer, (951) 506-6793. STATEMENT OF OPERATIONS Temecula Sounds Musical Instnunents Temecula Valley School Of Music And The Arts www.tvsomata.com 41607 Enterprise Circle North Temecula, CA 92590 (951)296-9993 Fax (951) 296-9994 Statement Of Operations The Temecula Valley School Of Music And The Arts (TVSOMATA) is proud to teach most musical instruments and visual arts. Our facility is designed to offer private lessons and group classes in a professional environment Monday Through Saturday. We have 15 private studios and two classrooms. Our teaching staff is comprised of some of the best music and art educators in Southern California teaching over 600 students on a weekly basis. We offer the occasional use of our classrooms free of charge to the Art Council of Temecula Valley to support their classes and workshops. TVSOMATA offers sound -proof rehearsal studios where bands can practice; allowing many of them to avoid what otherwise would be a loud disturbance when done in home garages in the residential area. We will be introducing "The Artist Salon" a relaxed, comfortable gathering of poets, aspiring artist web designers and my space builders to share and get feedback on their latest works. We provide the means to have music performances and recitals to showcase students and local musicians. It also serves as a venue for people of all ages in the community to listen to music performed by our students, professional and semi-professional bands. Most students benefit from listening to guest bands, as most scholars are inspired and encouraged by their performances. Our performance area, named "The Vault', includes a professional audio system and theatrical lighting. Moreover, the purpose of "The Vault' is to showcase the talent of our students and teachers as well as the musicians in the Temecula Valley. It is estimated that there are over 2,000 bands within a 25 mile radius, many of which need a place to showcase their talents. Additionally it helps generate business in that many of these musicians may have talent, but need lessons to develop it. Our recording studio is also advertised via the Vault, giving bands and performers an avenue to record their music. Parents, grandparents and relatives of the students and/or musicians attend these concerts and recitals. The response has been unanimously positive. All participating parents have congratulated us and furthermore have stated how this town needed exactly what we are providing. Our goal is to provide a safe facility, drug free with a "Zero Tolerance" policy. We will provide the necessary security as required to ensure safety and harmony. Our regular business hours are Monday through Thursday from 11 am to 8 pm, Fridays 11 am to 6 pm and Saturday 10 am to 6 pm. The recitals and concerts are performed Thursdays 8 pm to midnight and Fridays and Saturdays from 7:30 to midnight "CURFEW FOR MINORS" - EXAMPLE FLYER/SIGNAGE 10 P.M. CURFEW The City of Temecula and the Temecula Police Department want to ensure the safety of all juveniles in the city. To further this effort the City has established a 10 P.M. curfew which the Temecula Police Department strictly enforces. After 10 P.M. any person under 18 years of age and who is in a public area must be accompanied by a legal guardian .who is over 18. The management of The Vault encourages our minor customers to be picked up by 10 P.M. or be accompanied by a parent and/or legal guardian. Temecula Municipal Code --- 9.12.020 Curfew established. Every minor who is present in or upon any public or private street, road, drive, alley or trail; any public or community park or recreation area; any public ground, place or building; or any vacant lot or abandoned or vacant building between the hours of ten p.m. and the time of sunrise of the following day is guilty of an infraction unless the minor meets one of the exceptions set forth in subsection C of this section. (Ord. 97-16 § 2(A): Ord. 94-20 § 2 (part)) NOTICE OF PUBLIC HEARING Notice of Public Hearing A PUBLIC HEARING has been scheduled. before the City of Temecula PLANNING DIRECTOR to consider the matter described below: Case No: PA09-0026 Applicant: Mr. James Messina Proposal: A Minor Conditional Use Permit to authorize recitals, live music, concerts, and open microphone sessions in an approximately 1,200 square foot assembly space within an existing 7,429 square foot suite located at 41607 Enterprise Circle North, Suite A 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 filed in compliance with CEQA (Section 15301, Class 1, Existing Facilities) Case Planner: Katie Innes, (951) 506-5198 Place of Hearing: City of Temecula, Main Conference Room Date of Hearing: April 9, 2009 Time of Hearing: 1:30 p.m. NoUm of Pu6Gc Hearing 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, Katie Innes at (951) 506-5198. MEMO SUMMARY OF COMPLAINTSIVIOLATIONS DATED FEBRUARY 24, 2009 CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: Patrick Richardson, Planning Department FROM: Matt Peters/Cheryl Kitzerow, Planning Department CC: Debbie Ubnoske, Planning Department Marianne Parker, Code Enforcement Sean Dakin, Fire Department Sergeant Eric Albert, Police Department DATE: February 24, 2009 SUBJECT: Complaints against PA08-0206, Public House Minor Conditional Use Permit (CUP) for live entertainment and an upgrade to a Type 47 (On -Sale General) Alcohol Beverage Control license to allow the sale of beer, wine and distilled spirits The Planning Department has received several complaints since- the Minor Conditional Use Permit (CUP) for the Public House (in Old Town) was approved at Director's Hearing November 20, 2008. The majority of the complaints involve patrons of the Public House using parking spaces in the private lot at Rosa's Cantina, loud music from the live entertainment, and general rowdiness. The following is a summary of complaints that support the Planning Department's desire to review and modify the CUP as allowed in Section 17.04.010, E., 3. of the Development Code: Director's Hearing The Director's Hearing was held on November 20, 2008. Mike and Rosa Thesing, and Richard Leigh expressed concerns regarding the proposed Conditional Use Permit. (Attachment 1, Minutes from the November 20, 2008 Director's Hearing). E-mail Complaints and Phone Call Summaries Please see the attached e-mail complaints and phone calls summarized in a -mails dated November 19 from Mike Thesing, January 13 from Christine Damko (City Staff), and January 6 from Cheryl Kitzerow. (Attachment 2). Phone Call Complaints November 19, 2008 — phone call from Mike Thesing asking about the Public Hearing and how to protest the Conditional Use Permit. Mr. Thesing said he was going to document his concerns in an e-mail and speak at the Public Hearing. G:IPLANNING%2008\PA08-0206 Public House Minor CUPPlanning\M - SUMMARY OF COMPLAINTS Re -open CUP.doc November 20, 2008 — Richard Leigh, owner of the Shire Building, called to express concern for the live entertainment (noise and hours). Mr. Leigh also mentioned that he saw patrons using temporary porta-potties and questioned the building code requirements for bathrooms based on occupancy of the outdoor patio. December 5, 2008 — phone call from Rosa Thesing regarding delivery truck for the Public House (linens) parking in the drive aisle of the Rosa's parking lot during lunch hour blocking spaces/patrons from coming/going. Staff requested e-mail from Mrs. Thesing to document this complaint but none was received. January 6, 2009 — phone call from Rosa Thesing regarding "Beer Fest" that occurred at the Public House on January 3, 2009. Mrs. Thesing complained of rowdiness and drunken patrons coming in to Rosa's to use restrooms because Public House restroom facilities are inadequate. (Attachment 3). Code Enforcement Actions On January 12, 2009, Marianne Parker gave a verbal warning to a Manager (Kim) to remove the tent that was illegally placed to cover the back patio. The tent was not part of an approved Development Plan nor was there a Temporary Use Permit approved for the tent. The tent created a fire hazard given the portable heating units underneath. (Attachment 4, e-mail from Marianne Parker, Code Enforcement). Fire Department Actions On January 12, 2009, Sean Dakin, Temecula Fire Prevention Bureau also gave a verbal warning to the owner, Gerry Kent regarding the same tent mentioned above under Code Enforcement Actions. Police Department Calls Sergeant Eric Albert, Temecula Police Department summarized his phone conversations and contact with the owners regarding parking problems in an e-mail. (Attachment 5). Meeting with City Staff as requested by the Mike and Rose TtggM City Staff, including Matt Peters, Debbie Ubnoske, Patrick Richardson, Rich Johnson and Sean Dakin, met with Mike and Rose Thesing and their friend, Barbara Wilder to discuss the Public House. There major concerns involved parking, noise, security, and the lack of bathrooms at the Public House. Also, two letters were submitted by friends to support the complaints. (Attachment 6). City staff would like to modify the Conditions of Approval for PA08-0206 to include a requirement for the owner of the Public House to hire a security guard to monitor parking to ensure that patrons of the Public House do not use the private lot behind Rosa's Cantina (which impairs their ability to do business). The Planning Department would also like to restrict deliveries to morning hours and keep the delivery trucks from parking in the drive aisle in the Rosa's Cantina parking lot. Finally, staff would like to consider modifying the hours and amplification of the live entertainment. GAPLANNING120081PA08-0206 Public House Minor CUP\PlanningN - SUMMARY OF COMPLAINTS Re -open CUP.doc Violation of Conditions of Approval (COA's) Per Condition of Approval PL-12, the applicant was required to construct additional restrooms within 90 days of approval (by February 18, 2009). The applicant had not submitted plans for a building permit as of February 19, 2009. After a visit from Marianne Parker, Code Enforcement Officer, the owner, Gerry Kent, submitted plans for a building permit on February 20, 2009. GVLANNING\200WA08-0206 Public House Minor CUP\Planning\M - SUMMARY OF COMPLAINTS Reopen CUP.doc ATTACHMENT ,GdPLANNING12008WA08-0206-Public House Minor CUP%PlanningW - City Attorney Re -open CUP.doc 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: 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 Sheath, 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 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 HeadngWINUTM2008111-20-08 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 includedthe 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. RMirectors HeadnglMINUTES12008111-20-08 minutes.doc Item No. 3: 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. ✓./� ii/ / on 'a] $Nag I 0 RADirectors HeadngVAINUTES12008111-20-08 minules.doc W. 0 November 13, 2008 City of.Temecula Matt Peters, Planning Department 43200 Business Park Drive Temecula, CA 92590 Re: Case No: PA08-0206 Planning Director Meeting Dear Mr. Peters: Our office manages Rancon Plaza located in Old Town Temecula at 28636 Old Town Front Street. We are in opposition of the conditional use permit, to allow the restaurant, across the street from Rancon Plaza property, to upgrade its type 41 ABC License. The Rancon Plaza parking lot is in continual use by the public house's restaurants patrons. We have unsuccessfully tried to control the parking situation over the last few months, and we are concerned that if the use permit is approved, the parking situation will become worse. Your review of this parking matter in conjunction with your hearing on the above mentioned Case Number would be greatly appreciated. Sincerely, J. Steve Tiritilli JST Real Estate Services, Inc. Cc: Mike Thesing REQUESTS TO SPEAK DIRECTOR'S HEARING REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the Minute Clerk. Thank You! G �1 Date: V i � � 1 wish to speak on Agenda Item No.: For ❑ Against ❑ Subject: Name: Address: / City/State/Zip: Phone: � If 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 wish to speak on Agenda Item No.: For P Against ❑ Name: V I Address: 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! DIRECTOR'S HEARING REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the Minute Clerk. Thank You! Date: 1 wish to speak on Agenda Item No.: For ❑ Against ❑ Subject: Name: Jo%%MC Address: �// � City/State/Zip: 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! DIRECTOR'S HEARING REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the Minute Clerk. L� Thank You! Date: % �� / I wish to speak on Agenda Item No.: For Against ❑ Subject: THE V4tlU 7- ` Cbl, C oo S 5r' Name: A) IA/) C /w¢ S Address: " City/State/Zip: 7-eW7fc c/a Phone: If you are representing an organization or group, please give the name: �fyttUSi`c i 4-KT -+ S ✓hn/ W''C%*//-/ C'/' GIzsS/ 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 Af r ompleting, please return to the Minute Clerk. Thank You! Date: i V0 I wish to speak on Agenda Item No.: Y-thA For Against ❑ Subject: � 4 Name: (1"'V4 Address: �� j� State/Zip: 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! 7 DIRECTOR'S HEARING REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the Minute Clerk. Thank You! Date: / 44061 1 wish to speak on Agenda Item No.: For ❑ Against ❑ Subject: Name: Address: 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! DIRECTOR'S HEARING REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the Minute Clerk. Thank You! Date: i �1 wish to speak on Agenda Item No.: For ❑ Against ❑ Subject: / I 7A A Q Name: t/ G\. LAA Address: /�� City/State/Zip: 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! DIRECTOR'S HEARING REQUEST TO SPEAK CITY OF TEMECULA Afteer completing, please return to the Minute Clerk. Thank You! Date: �i I (j I wish to speak on Agenda Item No.: For Against ❑ subjecPv bl IU �I��s� I�rto-e4A I Name: Address: Phone: %/ -�' City/State0p: A. 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! Date: DIRECTOR'S HEARING REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the Minute Clerk. Thank You! 4' Q I bl I wish to speak on Agenda Item No.: L For ❑ Against ❑ Subj 1k'c. Name: Address: City/State/Zip: 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! DIRECTOR'S HEARING REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the Minute Clerk. Thank You! / Date: /,% / I wish to speak on Agenda Item No.: For ❑ Against ❑ Subject: Name: Address: City/State/Zip: CH � Phone: If you are representing an organization or group, please give the name: i n T 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! DOCUMENTS SUBMITTED FOR THE RECORD Page 1 of 2 Patrick Richardson From: Cheryl Kitzerow Sent: Wednesday, April 08, 2009 4:56 PM To: Patrick Richardson Cc: Matt Peters Subject: FW: PUBIic House Patrick, Here are my thoughts (in red) on Gerry's comments on the COA's: Sorry we were not able to discuss. a. Approval date and Expiration should be changed to the revisit date April 9th — I don't agree, Revision Date at top of COA's/approval is not changing b. PL-10 better to put live entertainment will not go beyond 12am midnight all seven days of the week — instead of 6pm-12 limiting weekend entertainment— I agree that the entertainment use is a benefit to Old Town on the weekends but the daytime noise was a concern of neighbors c. PL-12 fire dept has determined occupancy pending proper exits! its 276 outback and 36 inside! — this is not a new COA, it was added at the 11/08 hearing d. PL-18 Totally cool with Security; but during normal business hours is a little over kill.. I propose to have it ALWAYS during our busy times like Friday and Saturday nights 9pm to close! - there are opportunities to be more flexible on this one, maybe on all weekend evenings and any time live entertainment is provided? e. PL-19 I'd prefer to have it be before 11am. — I wouldn't change this from 10 to 11 because if the truck shows up at 11 and is there for 1/2 hour then you start to get into lunch time (10:30 should be ok though) From: Gerry Kent [mailto: Sent: Tuesday, April 07, 2009 10:45 AM To: Matt Peters; Patrick Richardson; Cheryl Kitzerow Subject: PUBIic House Hi all! Hope your weekend was great! Couple things I noticed on conditions that I wanted to bring up!? Wanna make sure we are being fair since we are all breaking the ice here ;) 1. Approval date and Expiration should be changed to the revisit date April 9th 2. PL-10 better to put live entertainment will not go beyond 12am midnight all seven days of the week! (we like to have nice entertainment whenever it seems fit per example Sunday afternoon etc) helps keep people in Old Town! 3. PL-12 fire dept has determined occupancy pending proper exits! its 276 outback and 36 inside! 4. PL-18 Totally cool with Security; but during normal business hours is a little over kill.. I propose to have it ALWAYS during our busy times like Friday and Saturday nights 9pm to close! We don't need security for the parking lot when we have 30 to 50 people here all day. Also, in thinking about the situation more using our parking issue numbers I have given before regarding there being about 6 to 12 cars parked across at Rosa's on a night they have called us. We have gone personally to every table to ask if they were parked there and to move. Only about 50 to 70 percent of the cars were from us. On those weekend nights when we are at our busiest we have 120 to 250 people here at once. I would point out 11111111701119 Page 2 of 2 that might be about 60 to 80 cars total... That means that under 10 percent of the people that come here park at Rosa's... not to mention they are closed at this timel lust something to think about. We have taken it very seriously and I think our sign, emails and announcing it have really helped! 5. PL-19 I'd prefer to have it be before 11am.. 1 have asked them to come before 10:30 already and it's been quite difficult! But for about 90 percent of the deliveries they come before that time. In addition all our drivers at this point have been informed not to use Rosa's parking lot for loading and unloading for us! So it is in therory I don't mind what ever we decide cause we are always trying! Thanks again let me know about some of these thoughts. Crazy to think that all of this started over some parking stalls! Also, I would like to say thanks for meeting with me and working on real solutions to this problem! I of course remember your advice on not being defensive.. I will be very factual in all I support! I'm a logic based person its natural. Thanks guys and gal! Sincerely, GERRY KENT Owner/Exec Chef Tire Forge Catering Division Fu6lic House Temecula, CA Cell # 04/09/2009 Page 1 of 1 Patrick Richardson From: taco @dslextreme.com [ Sent: Thursday, March 19, 2009 3:37 PM To: Patrick Richardson Subject: Public House This e-mail is to confirm our phone conversation today whereby I notified you about what took place last Tuesday night March 16, St Patricks's Day, in Rosa's Cantina's parking lot. The Public House restaurant hosted an evening party celebrating St Pat's Day, and of course, as usual, two of his customers were seen urinating in in our parking lot. Not only is this a health hazard it's disgusting. Then to make things worse our parking lot was mostly taken up by his customers' cars. I am suggesting a moratorium by the City of Temecula be invoked on parties given by the Public House on Weekends and other events until there is ample bathroom facilities to service his clientele..... E-mail copy to Attorney Kirk Barber. Have a good day, Mike Thesing 04/09/2009