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Home My WebLink About092712 DH Agenda AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING September 27, 2012 1:30 P.M. TEMECULA CITY HALL Great Oak Conference Room 41000 Main Street Temecula, CA 92590 CALL TO ORDER: Patrick Richardson, Director of Development Services PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Director of Development Services on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Planning Director about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Planning Director. When you are called to speak, please come forward and state vour name and address. Item No. 1 1:30 p.m. Project Number. PAl2-0147 Project Type: Conditional Use Permit Project Title: Knuckleheads on Front Street Applicant: Frank Butler Construction Project Description: A Minor Conditional Use Permit for the Knuckleheads on Front Street Restaurant, a bona fide eating establishment, to provide amplified and non-amplified live indoor entertainment Location: 28410 OId Town Front Street, Suite 112 (Old Town Plaza) Environmental Action: Section 15301, Class 1 E�asting Facilities Project Planner: Kenny Taylor NOTICE TO THE PUBLIC The agenda packet (including staff reports) will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 PM the Friday before the Director's Hearing. At that time, the agenda packet may also be accessed on the City's website — www.citvoftemecula.orp — and will be available for public viewing at the respecbve meeting. Supplemental material received after the posting of the Agenda Any supplemental material distributed regarding any item on the agenda, after the posting of the agenda, will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula, 8:00 AM — 5:00 PM). In addition, such material may be accessed on the Citys website — www.citvoftemecula.orq — and will be available for public viewing at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the Planning Department at the Temecula Civic Center, (951) 694-6400. STAFF REPORT — PLANNING CITY OF TEMECULA DIRECTOR'S HEARING DATE OF MEETING: September 27, 2012 PREPARED BY: Kenny Taylor, Project Planner PROJECT Planning Application No. PAl2-0147, a Minor Conditional Use SUMMARY: Permit for The Knuckleheads on Front Street Restaurant, a bona fide eating establishment, to provide amplified and non-amplified live indoor entertainment, located at 28410 Old Town Front Street, Suite 112 (Old Town Plaza) RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15301, Class 1 Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Frank Butler General Plan SPI- Specific Plan Implementation Designation: Zoning Designation: SP- 5, Old Town Specific Plan: Downtown Core District (DTC) Existing Conditions/ Land Use: Site: Existing Commercial Center/Downtown Core District (DTC) North: United States Post Office/Residential Limited Mixed Use (R/LMU) South: Public parking lot (DTC) East: City Park/Civic (CV) West: Existing retail commercial structure (DTC) Existinq/Proposed Min/Max Allowable or Reauired Lot Area: 1.1 acres N/A for existing legal lots Total Floor Area/Ratio: N/A N/A Landscape Area/Coverage: N/A N/A Parking Required/Provided: N/A N/A 1 BACKGROUND SUMMARY On July 31, 2012 Frank Butler submitted Planning Application No. PAl2-0147. The application will allow the restaurant to provide amplified and non-amplified live indoor entertainment for a bona fide eating establishment. 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 restaurant use is permitted within the SP-5 Downtown Core (DTC) zoning designation, and indoor live entertainment is permitted upon approval of a Conditional Use Permit. The restaurant's hours of operations are form 11 a.m. to 1 a.m. Monday through Thursday, 11 a.m. to 2 a.m. Friday and Saturday; and Sunday from 11 a.m. to midnight. The applicant currently possesses a Type 41 ABC License (On-Sale Beer and Wine for Bona Fide Public Eating Place). The restaurant will serve full gourmet Sicilian/Cajun/Italian dishes. The bar will be serving local and international beers and wines, as well as mixed drinks made from wine and cider based products that are allowed by Alcohol Beverage Control. A Type 41 license (beer and wine) for a bona fide eating establishment does not require a Conditional use permit. The applicant is requesting to add live indoor entertainment as part of its business operations. Acoustic (non-amplified) entertainment will include acoustic instrument players, spoken word, and other forms of low volume entertainment from 11 a.m. until 7 p.m. Monday through Saturday. Amplified live entertainment will include multiple genres of music, comedy,, and dance occurring from 7 p.m. to until 2 a.m. Monday through Saturday and Sunday from 11 a.m. to midnight. Pursuant to Section IV (Land Use And Urban Development Standards) of The Old Town Specific Plan, a business or establishment requesting for indoor live entertainment must obtain • an Conditional Use Permit. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on September 13, 2012 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. (Section 15301, Class 1 Existing Facilities): The application will allow The Knuckleheads on Front Street Restaurant to provide amplified and non-amplified live indoor entertainment for a bona fide eating establishment. No modifications are proposed for the existing structure and site plan. The proposed live entertainment is typical for restaurants and also does not require any modification to the existing structure or site plan. 2 FINDINGS Conditional Use Permit (Section 17.04.010) The proposed conditional use is consistent with the General Plan and the Development Code. The use will allow a restaurant to provide amplified and non-amplified live indoor entertainment for bona fide a eating establishment. A request for live entertainment as an ancillary use is typical for restaurants and will be consistent with Genera/ Plan and Development Code policies. The Old Town Specific Plan a/so requires the approval of a Minor Conditional Use Permit for indoor live entertainment. 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 Old Town Specific Plan allows for indoor live entertainment upon approval of a Conditional Use Permit. The live indoor musical entertainment is conditioned appropriately to ensure noise levels are monitored and contained within exterior noise levels established in the City's Noise Ordinance. As conditioned, the use will be 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 site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The application will allow for a restaurant to conduct live entertainment within an existing building, enclosed by stucco masonry walls to attenuate noise generated from the ancillary use. The site will remain 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 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 all City Departments and meets all requirements of the Development Code, Genera/ Plan, Fire Code, and Building Code, which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. That the decision to conditionally approve or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. The decision to approve, conditionally approve, or deny the application for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Director of Planning. 3 ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A- Draft Conditions of Approval Statement of Operations Notice of Public Hearing 4 VICINITY MAP \_ /. / � / � � � � � � � �; \� , , �� V � � ,� , �� , , / , ��,, ; ,C , � \ o , ; � � ��, '; � ; ; � / , ,� � � i� �� ;� / ; / . � ; �� '' / � %� ,� �� \ /� � - - �" �_ ' / ,_'_ , � ;� � `�, < � � � � MERCEDES ST � �� .� `� ; < � �� - _ � � � � � �� /� �`� �`� � PAl2-0147 ;; ' �� i , ;� � ,. � ��, �� _ � o� '� �� T° �y 5'� � ��'�0 5` tiT . sT �� \ , � �� `, � / \ � /, � / � � < � \ , ; � ` , A ��,5� � � �� ; ' �� , ,, �, , � %` � ,. � � �\ �i �. � F�� '�. +� i � -�� \ � �� ° � ,� �� i� � . �; � �`�. � ;� � i' S � / \ �� ` �- .^ oJ / A w '�.. i , !/� %'0 : . 250 500 . . � � . Feet ,: ,' �`, � . . i PLAN REDUCTIONS � . � � � � . � . . � . � , . 'C6NAN'1'Ih1YROVN:MN:N'f PROJECf INFOILHA'1'ION � � F� . � � YROJ6CP � . AUU1tFS5. 2&110 O W TOW N MNUN'f STItEE'f a q surr� ux z � � � � 7'EhIBCULA,CA 92590 � � z'�' � .�� AYYIdCAN'1'. KNUCKI.BIIF:AUSONFltON'I'S'1'ItEF.'1' � � � P r Ro. . C - ' . ItlJ10nLUTOWNFIIUN'PSfREC'C -.._ ' . ._..�_�. �.1� �' \ ' . . � ' SUffE 112 ' � w '1'Eh1ECULA, CA Y2S90 (YSl)6')�411WU � d ` r � _ _ \ ' , UWN61i, 11.LYIIAItI+:S'ANUASSOCIA'fES F- � dJ6201t1U[:E YARK DI11VE W �\ SU17'N:320 ^� ^- �_ '__ 't'L+M8CIILA,CA '125JU W w M ` a R i � . .. �.. . � I z. 6i... s..R�s�i .. _Y_. ._.._....-u�� -.. . . AP.N. Y31A27-019 � r F � • � ��r�� (-�� °` \ PROJECC: a�ns. suiTe ii: zan sc�.r��. g o¢ g � � ` KNUCKI.ENEADS ON FRONT STREET OLD'1'OWN PLA'LA OLUG i�,an s�. r Q�� W / �'� a .. `� OLU'1'OWIY YLA%d CTfL 65,750 SQ. Ff. 2 w� w I �., , � � � � f �� 2 8 4 1 0 O L D T O W N F R O N T S TLtEET 7ANE. 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WI1NK SIIALL UY. W1XE IX A(:CfINU�NGY, W Il11'f11P. ()�(/�� ')(��[ ) W/S'1'RUUE J ' lAL1YUN.YIAYIYCCfIUL�lYl01tU1lIUX.VNOlIIIfTHMrC'UlAlll'Y � _" 'q � _ ' / Z UItU1,�ANC'EfiCLTWNISI6A]O.UNI.FS9d1'IICNWINlNO'ffD;ALL � � � �� ' h � �i af:tYNEN(:¢SnNY.PHO�IMnNUnPDtiVUB1.ItiIIP.�INCA1.lYONN1A ' � �� '. bl'ILUW4,U'IUPi(IEC'UOi:S,UlYE01'lIWI. / \.� � � Y � # �•_��._/�._f.,f�—�� - �/\�/ u. �reo- Q' � � � . , r _Y/ ' �6XIftl14N� . U F A-6 _ vu��, I DH RESOLUTION DH RESOLUTION NO. 12- A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PAl2-0147, A MINOR CONDITIONAL USE PERMIT FOR THE KNUCKLEHEADS RESTAURANT, A BONA FIDE EATING ESTABLISHMENT, TO ALLOW INDOOR LIVE ENTERTAINMENT LOCATED AT 28410 OLD TOWN FRONT STREET SUITE 112 (OLD TOWN P LAZA) Section 1. Procedural Findings. The Planning Director of the City of Temecula does hereby find, determine and declare that: A. On July 31, 2012, Frank Butler filed Planning Application No. PAl2-0147, a 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 Director, at a regular meeting, considered the Application and environmental review on September 27, 2012, 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 Planning Director approved Planning Application No. PAl2-0147 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PAl2-0147 conformed to the City of Temecula General Plan Development Code, and the Old Town Specific Plan. Section 2. Further Findings. The Planning Director, in approving Planning Application No. PAl2-0147, hereby makes the following findings as required by Development Code Section 17:04.010.E, Conditional Use Permits: 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 use will allow a restaurant to provide amplified and non-amplified live indoor entertainment for a bona fide eating establishment. A request for live entertainment as an ancillary use is typical for restaurants and will be consistent � with Genera/ Plan and Development Code policies. The O/d Town Specific Plan also requires the approval of a Minor Conditiona/ Use Permit for indoor live entertainment. 1 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 O/d Town Specific Plan allows for indoor live entertainment upon approval of a Conditiona/ Use Permit. The live indoor entertainment is conditioned appropriately to ensure noise levels are monitored and contained within exterior noise levels established in the City's Noise Ordinance. As conditioned, the use will be 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. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or City Gouncil in order to integrate the use with other uses in the neighborhood; The application will allow for a restaurant to conduct live entertainment within an existing building, enclosed by stucco masonry walls to attenuate noise generated from the ancillary use. The site will remain 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. D. 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 all City Departments and meets all requirements of the Development Code, Genera/ Plan, Fire Code, and Building Code, which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. E. That the decision to 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 the conditional use is based on substantial evidence in view of the record as a whole before the Director of Planning. 2 Section 3. Environmental Findings. The Planning Director 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 application will allow the Knuckleheds on Front Street Restaurant to provide amplified and non-amplified musical live indoor entertainment for a bona fide eating establishment. The building is and existing structure. Section 4. Conditions. The Planning Director of the City of Temecula approves Planning Application No. PAl2-0147, a Minor Conditional Use Permit for the Knuckleheads on Front Street Restaurant to provide amplified and non-amplified live indoor entertainment for bona a fide eating establishment, located at 28410 Old Town Front Street, Suite 112, Old Town Plaza, 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 Planning Director this 27th day of September, 2012. , Patrick Richardson, Director of Development Services I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 12- was duly and regularly adopted by the Planning Director of the City of Temecula at a regular meeting thereof held on the 27th day of September, 2012. Cynthia Lariccia, Secretary 3 { EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PAl2-0147 Project Description: A Minor Conditional Use Permit for The Knuckleheads on Front Street Restaurant, a bona fide eating establishment, to provide amplified and non-amplified live indoor entertainment, located at 28410 Old Town Front Street, Suite 112 (Old Town Plaza) Assessor's Parcel No.: 921-070-006 and 922-023-019 MSHCP Category: NA (No New Square Footage or Grading) DIF Category: NA (No New Square Footage) TUMF Category: NA (No New Square Footage) Quimby Category: Exempt (Non-Residential) Approval Date: September 27, 2012 Expiration Date: September 27, 2014 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 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 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 elevations contained on file with the Planning Department. PL-8 Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. PL-9 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-10 The applicant shall comply with their Statement of Operations dated May 16, 2012, on file with the Planning Department, unless superseded by these Conditions of Approval. PL-11 This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL-12 Live entertainment may be conducted from 11 a.m. until 2a.m Monday through Saturday, and 11 a.m. to midnight Sunday inside the restaurant in the areas as shown on the approved plans submitted as part of this CUP. PL-13 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 Citjr 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 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-15 Live entertainment is only permitted indoors at scheduled hours of restaurant operation. PL-16 The live entertainment shall be conducted so as to be consistent with standards contained in the City's Noise Ordinance, Section 9.20 of the Temecula Municipal Code. BUILDING AND SAFETY DEPARTMENT General Conditions/Information B-1. Stage must be ADA compliant. POLICE DEPARTMENT General Requirements PD-1. Applicant holds a type 41 (beer and wine, eating place) ABC license. Applicant is applying for a CUP for live entertainment. Applicant shall comply with the provisions of Temecula Municipal code section 9.20 (noise). PD-2. Applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. PD-3. Applicant shall ensure that no alcohol is sold to or consumed by any person under the age of 21. PD-4. 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-5. Businesses where entertainment is to be provided 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 of the breasts, 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 Section 311.6 PC if conduct is "obscene". PD-6. 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 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-7. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. STATEMENT OF OPERATIONS l . ' � ' � STATEMENT OF OPERATIONS FoR KNUCKLEHEADS ON FRONT STREET 28410 Front Street, Suite 112 Temecula, CA 92590 Knuckleheads On Front Street is a restaurant, with a type 41 beer and wine license, with planned live entertainment on a permanent stage. Food: T'he restaurant serves a full gourmet Sicilian menu and some Cajun/Italian dishes. Alcoholic Beverages: The bar will be serving local and international beers and wines, as well as mixed drinks made from wine and cider based products that are allowed by ABC. Entertainment: Indoor only: Acoustic (non-amplified) entertainment will include acoustic instrument players, spoken word, and other forms or low volume entertainment from 11 a.m. until7 p.m. Monday thru Saturday. Amplified live entertainment will include multiple genres of music, comedy, dance e�ibitions, etc.. Amplified music to be played only starting at 7 p,m. Monday thru Saturday until closing (up to 2a.m depending on the event), and from 11 am until closing on Sundays. (up to 12 am). Noise: Knuckleheads On Front Street has tailored the entertainment schedule to not adversely affect the other tenants in the building. All businesses other than the liquor : store at the other end of the property close by no later than 6 p.m. We have already met with those tenants, along with the property owner to see to it that our entertainment hours will not have a negative impact on Old Town Plaza. No other businesses in the area will be within earshot of the venue while indoor only amplified live entertainment is played. � Security: Kriuckleheads On Front Street will be providing security for all events that management deems necessary. It is our intention to have a zero tolerance for any disturbance to Old Town Temecula, and we will be working with law enforcement to keep any undesirable activity from occurring on or near the property at all times. The hours of operataons for Knuckleheads on Front Street are scheduled as: Mon — Thurs 11 a.m. —1 a.m. Fri 11 a.m. — 2 a.m. Sat 7 a.m. — 2 a.m. Sun 7 a.m. - Midnight - • . � � �2) As a new business in Old Town Temecula, Knuckleheads on Front Street has employed 15 new employees and that number is likely to increase. It is our mission to provide quality gourmet foods with a large selection of beer and wine and provide world class entertainment to Old Town Temecula on a regular basis. All our employees are required to carry current LEAD cards from ABC as well as current food handlers permits-with no exceptions. We intend to offer a permanent 10% discount to all active military personnel and first responders on all our menu items. The parent company of Knuckleheads on Front Street is Pescegatto, LLC. Pescegatto LLC is a Nevada Limited Liability Company. Pescegatto LLC is recorded in good standing with the California Secretary of State Office in Sacramento, California and fully permitted to operate within California. Corporate Address: Pescegatto, LLC 9550 South Eastern Ave. Suite 253 Las Vegas, Nevada 89123 1(702)953-4992 NOTICE OF PUBLIC HEARING \�� . ��i o- ��`_� �_� Notice of Public Hearing � , G�� , . � 1989�"'�� A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING DIRECTOR to consider the matter described below: Case No: PAl2-0147 Applicant: Frank Butler Construction Proposal: A Minor Conditional Use Permit for The Knuckeheads on Front Street Restaurant, a bona fide easting establishment, to provide amplified and non-amplified live indoor entertainment, located at 28410 Old Town Front Street, Suite 112 (Old Town Plaza) 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 adopted in compliance with CEQA (Section 15301, Class 1 Existing Facility) Project Planner: Kenny Taylor, (951) 240-4203 Place of Hearing: City of Temecula, Great Oak Conference Room Date of Hearing: September 27, 2012 Time of Hearing: 1:30 PM � �° �� r � �� °�,� �"�� '' � � �� ,�. � _____ , ��, �� ::�° �� . �. � �` ti�i � �� .. �'C� �� w � �� `�� ,� "�'"�, �,`�"`� � �,�� ,,r' ,� �� PAl2-C11�� '�.�'`� ��'��. �.�- � £ �� z�o �o � . � Fee# Notiee of Public Heanng The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Director's Hearing. At that time, the packet may also be accessed on the City's website — www.citvoftemecula.orq. Any Supplemental Material regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m.). In addition, such material will be made available on the City's website — www.cityoftemecula.orq — and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please call the Planning Department, (951) 240-4203. G:\PLANNING�2012\PAl2-0147 Knuckleheads CUP\Planning\Hearing\DH NOPH.doc