HomeMy WebLinkAbout11-029 PC Resolution PC RESOLUTION NO. 11-29
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA1�1-0073, A MINOR CONDITIONAL
USE PERMIT TO ALLOW THE EXISTING Q-CLUB TO
UPGRADE THEIR EXISTING LIQUOR FROM A TYPE 40
TO A TYPE 47 AND PROVIDE LIVE ENTERTAINMENT,
LOCATED AT 27911 JEFFERSON AVENUE (APN 921-
050-012)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On March 28, 2011, Angel Martinez filed Planning Application No. PA11-
0073 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 Planning Commission, at a regular meeting, considered the
Application and environmental review on July 6, 2011, 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 Planning Commission hearing and after due
consideration of the testimony, the Planning Commission approved Planning Application
No. PA11-0073 subject to and based upon the findings set forth hereunder.
E. All legal preconditions to the adoption of the Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in approving the
Application hereby finds, determines and declares that:
Conditional Use Permit, Development Code Section 17.04.010.E. '
A. The proposed use is in conformance with the General Plan for Temecula
and with all applicable requirements of State law and other Ordinances of the City;
The proposed use will allow for a restaurant to offer a full alcohol menu and
provide live entertainment to ifs customers within a center zoned Community
Commercial. The General Plan designation for the center is also Community
Commercial. The types of uses proposed by fhe project are typical for areas with
a Community Commercial designation. As a result, the project is consistenf with
Genera/ Plan and Development Code requirements.
,
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 use will take place within a fully developed commercia/ center
zoned Community Commercial. Restaurants serving full alcohol and providing �
live entertainment are typical in Community Commercial zones. Several other
restaurants are located within close proximity. The proposed application has
been reviewed to ensure it is compatible with the nature, condition and
developmenf of adjacent uses, buildings and structures. Further, the proposed
conditional use has been determined to not adversely affect the adjacent uses,
buildings or sfructures.
C. The site for a proposed conditional use is adequate in size and shape to
accommodate the yards, walls, fences, parking and loading facilities, buffer areas;
landscaping, and other development features prescribed in this Development Code and
required by the Planning Commission or City Council in order to integrate the use with
other uses in the neighborhood;
The project will be located within a fully developed commercial center zoned
Community Commercial. The structure that will house the use previously
contained a restaurant. Therefore, the site for the proposed conditional use
permit 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.
D. The nature of the proposed conditional use is not detrimental to the health,
safety and general welfare of the community;
The proposed conditional use has been reviewed and conditioned by the Fire
Building and Safety, Public Works, Planning, and Police departments to ensure it
will not be detrimental to the health, safety, and general welfare of the
community. The Riverside County Department of Environmental Health also
. reviewed the project and provided conditions of approval.
E. That the decision to approve, conditionally approve, or deny the
application for a conditional use permit be based on substantial evidence in view of the
record as a whole before the Planning Commission or City Council on appeal;
The decision to conditionally approve the application for a condifional use permit
is based on substantial evidence in view of the record as a whole before the
P/anning Commission.
Section 3. Environmental Findings. The Planning Commission hereby makes
the following environmental findings and determinations in connection with the approval
of the Conditional Use Permit Application:
A. In accordance with the California Environmental Quality Act, the proposed
project has been deemed to be categorically exempt from further environmental review
(Section 15301, Class 1 Existing Facilities);
The proposed restaurant will be located within an existing commercial center. All
work associated with the project will consist of tenant improvements. These
improvements will not require and additional grading since the area is already
fully paved.
Section 4. Conditions. The Planning Commission of the City of Temecula
approves Planning Application No. PA11-0073, a Minor Conditional Use Permit to allow
the existing Q-Club, located at 27911 Jefferson Avenue, to upgrade their existing liquor
from a Type 40 to a Type 47 and provide live entertainment, subject to the Conditions of
Approval set forth on Exhibit A, attached hereto, and incorporated herein by this
reference.
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Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 6th day of July 2011.
�� `�
v ' Pat Kight, Chairman
` ATTEST:
Patrick Richardson, Secretary
[SEAL] -
._, ._
STATE OF Cf'�LIFORNIA )
COUNTY Jt= RIVERSIDE )ss
CITY OF TEMECULA )
I, Patrick Richardson, Secretary of the Temecula Planning Commission, do
hereby certify that the forgoing PC Resolution No.. 11-29 was duly and regularly
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the 6th day of July 2011, by the following vote:
AYES: 5 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Kight,
� Telesio
NOES: 0 PLANNING COIVIMISSIONERS: None
ABSENT: 0 PLANNING COMMISSIONERS: None
ABSTAIN: 0 PLANNING COMMISSIONERS: None
Patrick Richardson, Secretary
1
EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA11-0073 �
Project Description: A Minor CUP to allow the existing Q-Club to upgrade their existing
liquor from a Type 40 to a Type 47 and provide live entertainment,
located at 27911 Jefferson Avenue
Assessor's Parcel No.: 921-050-012
MSHCP Category: Exempt (No New Construction or Grading)
DIF Category: Exempt (No New Construction) �
TUMF Category: Exempt (No New Construction)
Approval Date: July 6, 2011
Expiration Date: July 6, 2013
PLANNING DEPARTMENT
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 pollars
($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 Planning Director may, upon an application being filed 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. The development of the premises shall substantially conform to the approved site plan
and elevations contained on file with the Planning Department.
PL-7. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers;
landscape debris, and waste from entering the storm drain system or from leaving the
. property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or
repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters.
Ensure that all materials and products stored outside are protected from rain. Ensure
all trash bins are covered at all times.
PL-8. The applicant shall comply with their Statement of Operations submitted June 2, 2011,
on file with the Planning Department, unless superseded by these Conditions of
Approval.
PL-9. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's
Development Code.
PL-10. The City, its Planning Director, Planning Commission, and City Council retain and
reserve the right and jurisdiction to review and modify this Conditional Use Permit
(including the Conditions of Approval) based on changed circumstances. Changed
circumstances include, but are not limited to, the modification of business, a change in
scope, emphasis, size of nature of the business, and the expansion, alteration,
reconfiguration or change of use. The reservation of right to review any Conditional
Use Permit granted or approved or conditionally approved hereunder by the City, its
Planning Director, Planning Commission and City Council is in addition to, and not in-
lieu of, the right of the City, its Planning Director, Planning Commission, and City
Council to review, revoke or modify any Conditional Use Permit approved or
conditionally approved hereunder for any violations of the conditions imposed on such
Conditional Use Permit or for the maintenance of any nuisance condition or other code
violation thereon.
PL-11. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer
for the facility shall ensure that the employee has received Licensee Education on
Alcohol and Drugs (L.E.A.D.) training from the California Department of Alcoholic
Beverage Control.
PL-12. An 8.5" x 11" (or larger) sign listing local transportation service providers and
corresponding telephone numbers shall be posted at a conspicuous location within the
building. Information to assist in the compilation of this sign may be obtained through
the Temecula Valley Chamber of Commerce (951-676-5090).
PL-13. 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.
PL-14. The applicant shall complywith the Public Art Ordinance.
Prior to Issuance of Building Permit(s)
PL-15. A solid roof cover must be installed on the e�asting trash enclosure, and included for
review with the building plans, to pr�vent storm water from comingling with any food-
related waste that is deposited in the trash enclosure. The cover must be installed
prior to the start of any food-prep operations.
PL-16. The developer shall provide the Planning Department verification of arrangements
made with the City's franchise solid waste hauler for disposal of construction and
demolition debris.
Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit
PL-17. The applicant shall be required to screen all loading areas and roof mounted
mechanical equipment from view of the adjacent residences and public right-of-ways. If
upon final inspection it is determined that any mechanical equipment, roof equipment or
backs of building parapet walls are visible from any portion of the public right-of-way
adjacent to the project site, the developer shall provide screening by constructing a
sloping tile covered mansard roof element or other screening reviewed and approved by
the Planning Director. .
OUTSIDE AGENCIES
PL-18. The applicant shall comply with the recommendations set forth in the County of
Riverside Department of Environmental Health's transmittal dated April 4, 2011, a copy
of which is attached.
BUILDING AND SAFETY DEPARTMENT
General Conditions/Information
B-1. All design components shall comply with applicable provisions of the 2010 edition of the
California Building, Plumbing and Mechanical Codes; 2010 California Electrical Code;
California Administrative Code, Title 24 Energy Code, California Title 24 Disabled
Access Regulations, and the Temecula Municipal Code.
B-2. Provide details of all applicable disabled access provisions and building setbacks on
plans.
B-3. Provide disabled access from the public way to the main entrance of the building.
B-4. Provide van accessible parking located as close as possible to the main entry.
B-5. Show path of accessibility from parking to furthest point of improvement.
B-6. Submit at time of plan review, a complete exterior site lighting plan showing compliance
with Ordinance Number 655 for the regulation of light pollution. All streetlights and
other outdoor lighting shall be shown on electrical plans submitted to the Department of
Building and Safety. Any outside lighting shall be hooded and aimed not to shine
directly upon adjoining property or public rights-of-way.
B-7. Obtain all building plans and permit approvals prior to commencement of any
construction work. .
B-8. Signage shall be posted conspicuously at the entrance to the project that indicates the
hours of construction, as allowed by the City of Temecula Municipal Ordinance
9.20.060, for any site within one-quarter mile of an occupied residence. The permitted
hours of construction are Monday through Friday from 7:00� a.m. to 6:30 p.m., and
Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally
recognized Government Holidays.
B-9. Provide an approved automatic fire sprinkler system.
At Plan Review Submittal
B-10. Provide electrical plan including load calculations and panel schedule, plumbing
schematic and mechanical plan applicable to scope ofwork for plan review.
B-11. Provide number and type of restroom fixtures, to be in accordance with the provisions of
the 2010 edition of the California Plumbing Code.
Prior to Issuance of Building Permit(s) �
B-12. Provide appropriate stamp of a registered professional with original signature on plans.
FIRE PREVENTION
General Requirements
F-1. Final fire and life safety conditions will be addressed when building plans are reviewed
by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the
California Building Code (CBC), California Fire Code (CFC), and related codes which
are in force at the time of building plan submittal. �
Prior to Issuance of Building Permit(s) �
F-2. If any changes are being made to the existing fire sprinkler system then fire sprinkler
plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of
sprinkler plans must be submitted by the installing contractor to the Fire Prevention
Bureau. These plans must be submitted prior to the issuance of building permit.
F-3. If any changes are being made to the existing fire alarm system then fire alarm plans
shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm
plans must be submitted by the installing contractor to the Fire Prevention Bureau. The
fire alarm system is required to have a dedicated circuit from the house panel. These
plans must be submitted prior to the issuance of building permit.
Prior to Issuance of Certificate of Occupancy
F-4. New and existing buildings shall have approved address numbers, building numbers or
approved building identification placed in a position that is plainly legible and visible
from the street or road fronting the property. These numbers shall contrast with their
background. Commercial buildings shall have a minimum of 12-inch numbers with suite
numbers being a minimum of six inches in size. All suites shall have a minimum of six-
inch high letters and/or numbers on both the front and rear doors (CFC Chapter 5 and
Temecula City Ordinance 15.16.020).
F-5. A"Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six feet
in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5).
F-6. All manual and electronic gates on required Fire Department access roads or gates.
POLICE DEPARTMENT
General Requirements
PD-1. Applicant has applied for an upgrade from Type 40 On-Sale Beer to 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. Applicant must operate and
maintain the licensed premises as a bona fide eating place. Minors are allowed on the
premises.
PD-2. Applicant shall complywith Temecula Municipal Code Section 9.14.010, Consumption
of Alcoholic Beverages in Public Prohibited.
PD-3. Applicant must complete a LEAD training either given by the Department of Alcoholic
Beverage Control, or an ABC certified course or equivalent course.
PD-4. Applicant shall ensure that no alcohol is sold to or consumed by any person under the
age of 21.
PD-5. Identification will be verified utilizing one of the following: (a) valid California driver's�
license; (b) valid California identification card; (c) valid military identification card
(active/reserve/retired/dependent); (d) valid driver's license from any of the 50 States or
Territories of the United States; (e) valid U.S. Passport; (� valid government issued
identification card issued by a Federal, State, County or City agency.
PD-6. As noted above, only a valid government issued identification card issued by a Federal,
State, County or City agency is acceptable, providing it complies with Section 25660 of
the Business and Profession Code (B&P), which includes the following requirements:
(a) name of person; (b) date of birth; (c) physical description; (d) photograph; (e)
currently valid (not expired). It is the responsibility of the business owner and any
person who serves or sells alcohol to be aware of current laws and regulations
pertaining to alcoholic beverages.
PD-7. 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-8. Type 41, 47 and 49 licensees must operate and maintain their licensed premises as a
bona fide eating place. 17iey must make actual and substantial sale of ineals, 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 ineals 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-9. 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
befinreen 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-10. Police officers, sheriff's 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 pr�emises. 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-11. 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 premises area includes the parking lot ( Sections 24200
(a) (B&P) and 25601 B&P; 316 PC).
PD-12. Applicant shall ensure all employees involved with the sales, service and identification
checks for the purpose of any sales of alcoholic beverages are trained in the proper
procedures and identification checks. The Temecula Police Department provides free
training for all employees involved in the service and sales of alcoholic beverages. It is
the responsibility of the applicant to set up a training session for all new employees.
Contact the Temecula Police Department Crime Prevention and Plans Unit at (951)
506-5131.
PD-13. 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.).
PD-14. Any questions regarding these conditions should be directed to the Temecula Police
Department Crime Prevention and Plans Unit at (951) 506-5131.
, �
DEP ��UNTY OF RIVERSIDE � HEA H SERVICES AGENCY 0
AKTMENT OF ENVIRONMENTAL HEALTH
City of Temecula
� Planning Department �
c/o Eric Jones
PO BOX 9033 ��
Temecula, CA 92589-9033 ��� '"
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4 Apri12011 ?���
8Y�
RE: PA11-0073
The Department of Environmental Health (DEH) has received and reviewed the PA 11-
0073 for the Minor Conditional Permit to allow the existing Q-Club to upgrade their
existing liquor from a Type 40 to a Type 47, and provide live entertainment. This food
facility is located at 27911 Jefferson Avenue, under the applicanf: Angel Martinez.
The restaurant building located on this Assessor's Parcel Number (APN 921-050-012) is
connected to a potable water line and sanitary sewer from an approved purveyor.
Any restaurant use of the building shall require REHS inspector plan check compliance
by the County of Riverside DEH.
If your have any questions, please do not hesitate to call me at 951.955.8980
Sincerely,
Gregor.Dellenbach, REHS
EHS 110366
Local Eniorcement Agency • P0. Box 1280, Riverside, CA 9'2502-1280 �!909) 955-8982 • FAX (909) 781-9653 • 4080 Lemon Street 9th Floor, Riverside. CA 92501
Land Use and Water Engineering • P0. Bo�c 1206. Riverside. CA 92502-1206 •(909j 955-�5980 • FAX (909) 955-8903 • 4080 Lemon Street. 2nd Floor. Riverside. CA 92501