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Home My WebLink About102512 DH Agenda AGENDA � TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING October 25, 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 furward and state vour name and address. Item No. 1 1:30 p.m. Project Number: PAl2-0169 Project Type: Conditional Use Permit Project Title: Cellarz93 Restaurant/Wine Bar Applicant: Skip Noell Project Description: A Minor Conditional Use Permit to allow Cellarz93 Restaurant/Wine Bar, a bona fide eating establishment, to conduct indodr live entertainment consisting of pianists, guitarists, blues, and jazz players Location: 41577 Margarita Road (formerly Harry's Pacific Grill) � _. Environmental Action: Section 15301, Class 1 E�asting Facilities Projecf Planner: Kenny Taylor , . NOTICE TO THE PUBLIC The agenda packet (including staff reports) will be available for public viewing in the Main Recep6on 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 acce§'sed on the City's website — www.citvoftemecula.orq — and will be available for public viewing at the respective 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 City's website — www.citvoftemecula.or4 — 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: October 25, 2012 PREPARED BY: Kenny Taylor, Project Planner PROJECT A Minor Conditional Use Permit to allow Cellarz93 Restaurant/Wine SUMMARY: Bar, a bona fide eating establishment, to conduct indoor live entertainment consisting of pianists, guitarists, blues, and jazz players, with proposed hours from 8 p.m. to 1 a:m. Monday through Saturday, and 10 a.m. to 1 a.m. on Sundays, located at 41577 Margarita Road (previously Harry's Pacific Grill) RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15301, Class 1 Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Skip Noell General Plan Community Commercial Designation: Zoning Designation: SP- 7(Temecula Regional Center) Existing Conditions/ Land Use: ' Site: Existing commercial retail restaurant/Community Commercial North: Existing shared parking lot and mall parking structure/Community Commercial South: Existing parking lot/ Community Commercial East: Existing commercial retail complex/ Community Commercial West: Existing parking lot, Costco store/ Community Commercial Existinq/Proposed Min/Max Allowable or Required Lot Area: 3.51 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 August 20, 2012, Skip Noell submitted Planning Application No. PAl2-0169, a minor Conditional Use Permit to allow Cellarz93 restaurant/wine bar 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 Cellarz93 restaurant is located within a stand-alone building in the Bell Villaggio commercial shopping center. The building previously operated as Harry's Pacific Grill. The existing building space is approximately 6,028 square feet and currently has 592 shared reciprocal parking spaces. The project will comply with all minimum development standards including minimum onsite parking. No additional building area is proposed beyond the existing building envelope. The restauranUwine bar use is permitted within the Temecula Regional Center Specific Plan Area (SP-7); and indoor live entertainment is permitted upon approval of a Conditional Use Permit. The restauranYs hours of operations are from 9 a.m. to 2 a.m. seven days per week. The applicant is currently in the process in obtaining a Type 47 ABC License (On Sale General Eating Place), authorizing the sale of beer, wine, and distilled spirits for consumption on or offsite. A Type 47 license for a bona fide eating establishment does not require a Conditional Use Permit within the SP-7 zoning area. The restaurant meals will feature international/global fusion foods from the world's great wine regions. Unique features of the restaurant will include an 800-plus bottle wine shop, premium cocktail bar, and entertainment lounge. The applicant is requesting to add live indoor entertainment as part of its business operations. A combination .of acoustic (non-amplified) and amplified live entertainment are proposed including piano/organ, drums, bass guitar, electric guitar, and other forms of musical instruments from with proposed hours from 8 p.m. to 1 a.m. Monday through Saturday, and 10 a.m. to 1 a.m. on Sundays. The total number of employees for the restauranUbar will range from 20 to 40, plus one to five for live entertainment, with a building occupancy of 275 people. Security will not be provided onsite. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on October 12, 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 Cellarz93 Restaurant/Wine Bar to provide amplified and non-amplified live indoor entertainment for a bona fide eating establishment. No modifications are proposed for 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/wine bar to provide amplified and non-amplified live indoor entertainment for a bona fide eating establishment. The proposed use, as conditioned, will comp/y with the applicab/e provisions of the Temecu/a Genera/ P/an, State /aw, and other Ordinances of the City, in that the live entertainment is a permitted ancillary use to the restauranbwine bar and conditions are imposed to reduce any potential impacts to the surrounding commercia/ businesses. 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 subject property is current/y deve/oped as a shopping center is surrounded by other retail uses. The Temecu/a Regiona/ Center Specific P/an allows for indoor live entertainment upon approva/ of a Conditiona/ Use permit. The live indoor entertainment is conditioned appropriate/y to ensure noise /eve/s are monitored and contained within exterior noise /eve/s established in the City's Noise Ordinance. As conditioned, the use will be compatib/e with the nature, condition and deve/opment of the adjacent uses, buildings and structures and the proposed conditional use will not adverse/y affect the adjacent uses, buildings or sfructures. 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 accommodafe the yards, walls, fences, parking and /oading facilities, buffer areas, landscaping, and other deve/opment features prescribed in the Deve/opment Code and required by the P/anning 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. As conditioned, the project meets all requirements of the Deve/opment Code, Genera/ P/an, Fire Code, and Building Code, which provided safeguards for the hea/th, safety and general we/fare of the community. Therefore, the project is not anticipated to be detrimenta/ to the hea/th, safety and genera/ we/fare 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 Director of Planning. 3 The decision to approve, conditionally approve, or deny the application for a Conditiona/ Use Permit has been based on substantial evidence in view of the record as a who/e before the Director of P/anning. ATTACHMENTS Aeriai Map Plan Reductions Resolution Exhibit A- Draft Conditions of Approval Statement of Operations Notice of Public Hearing , 4 AERIAL MAP Cit of Temecula PAl2-0169 y � '�, � �� /� ,, �. ,`� 3 � �` �. / � � o� . � �i _ �. � � �,,, , �' �►, � � ',�; �,�� , �' � i � . r . ' { `i� 4� � � . � � -' / a / ., � / i :i4 ,� / � �i . , � / ,1�� i c •M / / �� ... %�� x Y � / _ ��_�-�-°"_ � /' - � Proj ect S ite -� �' a. � � �-�; _� ` _ � ---- - , � �.. �' _ � t .� I �.. � � � �= ( 0 =�,;�,,, „ r:.-� _ ,; ` I i " "' -. 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PAl2-0169, A MINOR CONDITIONAL USE PERMIT TO ALLOW CELLARZ93 RESTAURANT/ WINE BAR, A BONA FIDE EATING ESTABLISHMENT, TO CONDUCT INDOOR LIVE ENTERTAINMENT CONSISTING OF PIANISTS, GUITARISTS, BLUES, AND JAZZ PLAYERS, WITH PROPOSED HOURS FROM 8 P.M TO 1 A.M MONDAY THROUGH SATURDAY, AND 10 A.M. TO 1 A.M ON SUNDAYS, LOCATED AT 41577 MARGARITA ROAD (APN 921-830-016) Section 1. Procedural Findings. The Planning Director of the City of Temecula does hereby find, determine and declare that: A. On August 20, 2012, Skip Noell filed Planning Application No. PAl2-0169, 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 October 25, 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. PAl2-0169 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PAl2-0169 conformed to the City of Temecula General Plan Development Code. Section 2. Further Findings. The Planning Director, in approving Planning Application No. PAl2-0169, 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/wine bar to provide amplified and non-amplified live indoor entertainment for a bona fide eating establishment. The proposed use, as condifioned, will comply with the applicable provisions of the Temecula Genera/ Plan, State law, and other Ordinances of the City, in that the live entertainment is a permitted ancillary use to the restaurant/wine bar and � conditions are imposed to reduce any potential impacts to the surrounding commercial businesses. 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 subject property is currently developed as a shopping center and is surrounded by other retail uses. The Temecula Regional Center Specific Plan allows for indoor live entertainment upon approval of a Conditional 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 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 subject property is physically suitable for this type of conditional use. D. - The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; As conditioned, the project 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 Director of Planning; 2 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. 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 Cellarz93 Restaurant/Wine Bar to conduct amplified and non-amplified live indoor entertainment for a bona fide eating establishment. No exterior building modifications are proposed for the existing structure or site plan. Section 4. Conditions. The Planning Director of the City of Temecula approves Planning Application No. PAl2-0169, a Minor Conditional Use Permit for the Cellarz93 Restaurant/Wine Bar to provide amplified and non-amplified live indoor entertainment for bona a fide eating establishment, located at 41577 Margarita Road, Suite 101, 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 25th day of October, 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 25th day of October, 2012. Cynthia Lariccia, Secretary 3 \ EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PAl2-0169 Project Description: A Minor Conditional Use Permit to allow Cellarz93 Restaurant/Wine Bar, a bona fide eating establishment, to conduct indoor live entertainmenY consisting of pianists, guitarists, blues, and jazz players, with proposed hours from 8 p.m. to 1 a.m. Monday through Saturday, and 10 a.m. to 1 a.m. on Sundays, located at 41577 Margarita Road. Assessor's Parcel No.: 921-830-016 MSHCP Category: N/A (No New Square Footage/Grading) DIF Category: N/A (No New Square Footage) . TUMF Category: N/A (No New Square Footage) Quimby Category: Exempt (Non-Residential) Approval Date: October 25, 2012 Expiration Date: October 25, 2014 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 Countjr 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. 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-4. 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-5. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-6. The development of the premises shall substantially conform to the approved floor plan and site plan contained on file with the Planning Department. PL-7. 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-8. 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 produets stored outside are protected from rain. Ensure all trash bins are covered at all times. PL-9. The applicant shall comply with their Statement of Operations dated August 20, 2012, on file with the Planning Department, unless superseded by these Conditions of Approval. PL-10. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL-11. Hours of operation of the live entertainment use shall be from 8 p.m. to 1 a.m. Monday through Saturday, and 10 a.m. to 1 a.m. on Sundays. PL-12. 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. 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 2 (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 Gity 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. FIRE PREVENTION General Requirements F-1. Maximum occupancy load signs shall be posted within the establishment. The occupant load shall not be exceeded during business hours. F-2. Any 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 (CDC Chapter 6). POLICE DEPARTMENT General Requirements PD-1. Applicant has applied for a Type 47 On-Sale, General — Eating Place (Restaurant) license, 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 comply with 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 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 Cal�fornia 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; (f) 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) 3 currently valid (not expired). It is the responsibility of the business o�Nner 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. They 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 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-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 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). 4 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 ineludes 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. Events 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 oranysexual 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-14. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit af (951) 506-5131. 5 STATEMENT OF OPERATIONS ��`� O� ��6�� V� ��9��f�°��a��C�� A� �� OR�ER �O�AT6�N OF HA��YS �AC��9C GRI�L 9�O��aTE� �a°� �1577 MARGAROTA R�,1'EME�IJLA CA) Description of equipment proposed for live entertainment: Piano/organ, drums, bass guitar, electric and acoustic guitar (classic rock theme). Hours and days of operation: Business hours for restaurant and bar are - °r,�„� a.m. to �..,,�}r} Live entertainment for 8:00 p.m. to _� •`�'n .t�l�bN�� 1�� d'.00�..w�� I f�^ ��s��l Number of em lo ees: for restaurant and bar 20 to 40 em lo ees 1 to 5 l /� P Y p Y � for (ive entertainment. Proposed private security: Not required. Estimated number of people in attendance: restaurant/ bar occupancy is 275. Total number of parking spaces eliminated for event: None. Live , entertainment performed inside building. Food and alcohol wi(I be provided by Cellarz 93. All live entertainment wifl be performed in existing structure (Celiarz 93). Restrooms/ site are ADA compatible. NOTICE OF PUBLIC HEARING \�� ..�i � �� - Notice of Public Hearin g ' `: , " , f984.� ,,, : A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING DIRECTOR to consider the matter described below: Case No: PAl2-0169 �Applicant: Skip Noell Proposal: A Minor Conditional Use Permit to allow Cellarz93 Restaurant/Wine Bar, a bona fide eating establishment, to conduct indoor live entertainment consisting of pianists, guitarists, blues, and jazz players, with proposed hours from 8:00 p.m. to 1 a.m. Monday through Saturday, and 10 a.m. to 1 a.m. on Sundays, located at 41577 Margarita Road (previously Harry's Pacific Grill) 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: October 25, 2012 Time of Hearing: 1:30 PM �4 � �' �� . �� ' � P�A,fl'�-�Dll�69 � � ` o � � _ � i P�ti� � POn�ll� He��ng 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 reyiew 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:citvoftemecula.org - 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\PAl2-0169 Cellarc 93 CUP\Planning\DH-Hearing\DH NOPH.doc