Loading...
HomeMy WebLinkAbout09_007 DH Resolution DH RESOLUTION NO. 09-007 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. 09-007 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. CynthL 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 may be revoked pursuant to Section 17.03.080 of the City's 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 Permit approved or conditionally approved hereunderforany violations of the conditions imposed on such Conditional Use Permit orfor the 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." PL-17. 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. PL-19. 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 complywith 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 underthe 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 %2' black lettering. These signs will be professionally printed. PD-6. At no time will public road closures occurwithout permission from the Cityof 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 or temporarily 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.