HomeMy WebLinkAbout12-009 DH Resolution DH RESOLUTION NO. 12-09
A RESOLUTION OF THE PLANNING DIRECTOR OF THE
CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. 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 10
A.M. TO 1 A.M MONDAY THROUGH SUNDAY, 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 Applicafion 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 conditioned, will comply with the applicable provisions of the Temecula
General Plan, State law, and other Ordinances of the City, in that the live
entertainment is a permitted ancillary use to fhe restaurant/wine bar and
conditions are imposed to reduce any potential impacts to the surrounding
commercial businesses.
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 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 conditiona/ 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
Develo�ment Code and required by the Planning Commission or City Council in
order to infegrate the use with other uses in the neighborhood. The subject
property is physically suitab/e 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,
General Plan, Fire Code, and Building Code, which provided safeguards for the
health, safety and general we/fare 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;
The decision to conditionally approve the application for the conditional use is
based on substanfial 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 6een 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. 12-09 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 ariccia, Secretary
3
EXHIBIT A
CONDITIONS OF APPROVAL
EXHIBIT A
CITY OF TEMECULA
FINAL 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
entertainment consisting of pianists guitarists, blues, and jazz
players, with proposed hours 10 a.m. to 1 a.m. se�en days a week,
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 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,
1 -
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 authorify 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 products 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 10 a.m. to 1 a.m., Monday
through Sunday. (Revised at the October 25, 2012 Director's Hearing).
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
(including the Conditions of Approval) based on changed circumstances. Changed
2
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. �
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 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 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; (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)
currently valid (not expired). It is the responsi6ility of the business owner and any
3
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 gmss 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 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. 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 at (951) 506-5131.
5