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HomeMy WebLinkAbout92-35 CC ResolutionRESOLUTION NO. 92-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TE2VIECULA APPROVING CONDITIONAL USE PERMIT NO. 19 TO PERMIT A YOUNG ADULT DANCE CLUB LOCATED AT 28822 FRONT STREET. WI~ZREAS, Valley Beat Young Adult Dance Club applied for and received approvals for Administrative Plot Plan No. 153 tenant for the use and tenant improvements from City Staff on June 22, 1991, with conditions. WHEREAS, said application for tenant improvements was processed in the time and manner prescribed by State and Federal law. Wi~I~,F_AS, since the aforementioned approvals for the Valley Beat, an incident occurred on the subject property which mused the City Council to re-consider the conditions as they relate to the club operations and the manner in which uses of this type are approved. WItEREAS, the City Council, on April 6, 1992, directed Staff to develop additional Conditions of Approval relating to the operation of Valley Beat and requested Staff to bring back to the Council on April 9, 1992 an urgency ordinance regulating the approval of certain uses similar to Valley Beat. WHEREAS, on April 9, 1992, the City Council adopted Ordinance No. 92-05, an urgency ordinance placing a moratorium on uses similar to Valley Beat and requiring approval of a Conditional Use Permit for said uses. W!tEREAS, Valley Beat is agreeable to obtaining a Conditional Use Permit to authorize further use of the club. NOW, THEREFORE, THE CITY OF TEMECULA CITY COUNCIL DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findings That the City of Temecula City Council hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: Resos 92-35 -1- 1. The city is proceeding in a timely fashion with the preparation of the general plan. 2. The City Council finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: a. There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c. The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The City Council in approving the proposed Conditional Use Permit, makes the following findings, to wit: 1. The proposed Conditional Use Permit will not have a significant adverse effect on the environment, as determined in the initial study performed for this project. A notice of exemption was prepared. 2. There is not a reasonable probability of substantial detriment to, or interference with, the future and adopted General Plan, if the proposed use or action is ultimately inconsistent with the plan. The project is not of significant scope in the context of city-wide and regional development patterns. 3. The proposed Conditional Use Permit will likely be consistent with the goals, policies and action programs which will be contained in the General Plan when it is ultimately adopted. The land use proposed is consistent with the Southwest Area Plan (SWAP) recommendations for the subject property. Further, the proposed use is similar to existing uses in the vicinity of the project. 4. Adequate access exists for the proposed use from Front Street. Resos 92-35 -2- 5. Said findings are supported by analysis, exhibits, and environmental documents associated with this application and herein incorporated by reference. Section 2. F. nvironmental Compliance. A notice of exemption was prepared for the project, as the only physical change proposed is a use in an existing building. Section 3. Recommendation. That the City of Temecula City Council hereby approves Conditional Use Permit No. 19 to allow the operation of a young adult dance club on the property located at 28822 Front Street, subject to the attached conditions. Section 4. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 28th day of April, 1992. Patricia H. Birdsall, Mayor ATrEST: City [SEAL] Resos 92-35 -3- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) $S CITY OF TEMEI2ULA ) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 92-35 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 28th day of April 1992, by the following roll call vote: 4 COUNCILMEMBERS: Birdsall, Lindemans, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Moore Resos 92-35 -4= ATTACHMENT NO. 1 CONDITIONS OF APPROVAL S\STAFFRPT~VLYBEAT.CC2 ATI~ACHMENT NO. 1 CITY OF TEMECULA CONDITIONS OF APPROVAL Conditional Use Permit No. 19, Valley Beat Project Description: Teen Club Prior to Occupancy, the applicant shall comply with the following requirements: 1. Submit a dress code for City Planning Department review and approval, which shall then be the responsibility of the permittee to enforce. 2. No persons beyond the age of 20 shall be permitted without an 18 - 20 year old companion. 3. Hours of operation shall be limited to 7 a.m. 2:00 a.m. Music shall be shut off at 1:30 a.m. No deviations from those requirements without 30 days prior notice and approval by the City Planning Department. 4. Permittee shall consider loiterers as trespassers and request that they leave. Police shall be notified immediately if they refuse to leave. 5. Permittee shall retain two security officers for the first 40 people and one for each additional 40 people thereafter up to a total of eight security of£~cers. Security will be provided by the permittee for the outside parking area. 6. Permittee shall develop and utilize a single file queue mechanism at the outside entrance. 7. Policy for the use of the metal detector device shall be documented and implemented. 8. Purchase, install, and operate a video tape device for the area outside the building. 9. Require that all attendees provide picture identification cards for entrance. Permittee shall keep records on a nightly basis of all who attend. Records will be retained for 30 days. 10. The permittee agrees not to advertise the club outside of the Temecula/Murrieta/Fallbrook area. Radio advertising outside of the Temecula area will be permitted if the radio broadcast is received in Temecula. S~,STAFFRPT~VLYBEAT. CC'2 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. The permittee shall notify and obtain approval from the City Planning Department 30 days in advance of conducting any special event (Holiday, Grad night, Seasonal, e.g.). All City costs incurred as a result of a special event, will be paid for by the permittee. All special events will be conducted in compliance with the City's special event regulations. Exterior Noise levels shall not exceed 65 decibels as measured 50 feet from the property line. Applicant shall bear the cost of a noise survey if noise level reading is requested as a result of a complaint to the City. Any disturbance at the site will be reported immediately to the Temecula Police Department. The security staff for the facility will maintain a daily security incident log and will provide that security log at the request of City Police or City Manager and on the last day of each month to the Chief of Police. Permittee shall not issue free passes. Young adults shall be segregated into two age groups. Only teenagers who are ninth graders or younger shall be permitted inside the facility up to 8:30 p.m. Only persons who are from high school sophomores to 20 years of age will be permitted inside the facility from 9:00 p.m. until closing. Under no circumstances shall the two age groups attend the facility at the same time. In the event that there are problems with the club operations or the permittee fails to comply with any of the aforementioned conditions, the matter will then be scheduled before the Planning Commission for consideration of revocation of this Conditional Use Permit. The parking area shall be monitored by security personnel to discourage loitering and drinking of alcohol. The interior lighting shall be sufficient for a police officer or employee to identify any person inside the business. This business shall not be licensed for the sale of alcoholic beverages at any time. This Conditional Use Permit is non-transferrable. S\STA FFRPT~V LYBF..AT .CCr2