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HomeMy WebLinkAbout13-002 DH Resolution DH RESOLUTION NO. 13-02 � A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PAl2-0164, A MINOR CONDITIONAL USE PERMIT TO ALLOW THE EXISTING LIENZO CHARRO RESTAURANT TO CONDUCT LIVE INDOOR ENTERTAINMENT CONSISTING OF OPEN MIC NIGHT ON MONDAY, WEDNESDAY, FRIDAY FROM 7:00 P.M. TO 10:00 P.M.; MARIACHI BANDS ON TUESDAY, FRIDAY, AND SATURDAY FROM 3:00 P.M. TO 10:00 P.M.; AND KARAOKE ON THURSDAY AND SUNDAY FROM 5:00 P.M. TO 10:00 P.M. AT 29000 OLD TOWN FRONT STREET (APN 922-120-008) Section 1. Procedural Findings. The Planning Director of the City of Temecula does hereby find, determine and declare that: A. On August 20, 2012, Genaro Dominguez, filed Planning Application No. PAl2-0164, a Minor Conditional Use Permit Application in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed. including, but not limited to, a public notice, in the time and manner prescribed by State and local law. C. The Planning Director, at a regular meeting, considered the Application and environmental review on June 6, 2013, 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. PAl2-0164 subject to Conditions of Approval, after finding that the project proposed in Planning • Application No. PAl2-0164, conformed to the City of Temecula's General Plan Development Code. Section 2. Further Findings. The Planning Director, in approving Planning Application No. PAl2-0164, 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 City of Temecula General Plan and with ail applicable requirements of State law and other Ordinances of the City; The condifional use is consistent with the City of Temecula General Plan and Development Code. Both the General Plan and Development Code have anticipated restaurant uses within commercial zoning areas and live enfertainment is a common ancillary use for restaurants. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures; The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures. As conditioned, the use will operate safely and will not adversely affect any 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 Council in order to integrate the use with other uses in the neighborhood; , � Live entertainment is common for restaurants. The site for the conditional use is adequate in size and shape to accommodate the yards, walls, fences, loading facilities, buffer areas, landscaping and other development features described in the City of Temecula Development Code. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The proposed project is consistent with the requirements outlined in Chapter 17.04.010 of the City of Temecula's Development Code. As conditioned, the use is consistent with the California Building and Fire codes, which contain provisions to ensure the use will not be detrimental to the health, safety, and welfare of the community. E. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the Director of Community Development; The decision to conditionally approve the application has been based on substantial evidence in view of the record as a whole. 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). Live entertainment is a common ancillary use for restaurants. The applicant has proposed no internal or external structural modifications to the building to accommodate the proposed use. Therefore the use involves a negligible expansion of an existing use. Section 4. Conditions. The Planning Director of the City of Temecula approves Planning Application No. PAl2-0164, a Minor Conditional Use Permit to allow the existing Lienzo Charro restaurant to conduct live indoor entertainment consisting of open mic night on Monday, Wednesday, Friday from 7:00 p.m. to 10:00 p.m.; mariachi bands on Tuesday, Friday, and Saturday from 3:00 p.m. to 10:00 p.m.; and karaoke on Thursday and Sunday from 5:00 p.m. to 10:00 p.m. The project is located at 29000 Old Town Front Street. , 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 6 day of June, 2013 Patrick Richardson, Director of Community Development I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 13-02 was duly and regularly adopted by the Planning Director of the City of Temecula at a regular meeting thereof held on the 6 day of June, 2013. � , _ Cynthia riccia, Secretary EXHIBIT A. CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PAl2-0164 Project Description: A Minor Conditional Use Permit to allow the existing Lienzo Charro restaurant to conduct live indoor entertainment consisting of open mic night on Monday, Wednesday, Friday from 7:00 p.m. to 10:00 p.m.; mariachi bands on Tuesday, Friday, and Saturday from 3:00 p.m. to 10:00 p.m.; and karaoke on Thursday and Sunday from 5:00 p.m. to 10:00 p.m. at 29000 Old Town Front Street Assessor's Parcel No.: 922-120-008 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: N/A (Non-Residential Project) Approval Date: June 6, 2013 Expiration Date: June 6, 2015 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 Fifty Dollars ($50.00) 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 Wildlife Code Section 711.4(c)). General Requirements PL-2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL-3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-4. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL-5. The Planning Director may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. PL-6. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL-7. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters. Ensure that all materials and products stored outside are protected from rain. Ensure all trash bins are covered at all times. � PL-8. The applicant shall comply with their Statement of Operations dated February 26, 2013, on file with the Planning Department, unless superseded by these Conditions of Approval. PL-9. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code: PL-10. The City, its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional � Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission and City Council is in addition to, and not in- lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. PL-11. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (951-676-5090). PL-12. All entertainment must be conducted indoors in order to reduce the noise impact. PL-13. All exterior doors and windows shall be closed during hours of live entertainment for • noise containment. PL-14. The volume of the live entertainment shall be controlled by the applicant to conform with the City's Noise Ordinance. � PL-15. The type and hours of operation for the live entertainment shall be as follows: a. Open Mic: Monday, Wednesday, Friday from 7:00 p.m. to 10:00 p.m. b..Mariachi Band: Tuesday, Fridays, and Saturday from 3:00 p.m. to 10:00 p.m. c. Karaoke: Thursdays and Sundays from 5:00 p.m. to 10:00 p.m. OUTSIDE AGENCIES PL-16 The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated September 10, 2012, a copy of which is attached. 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 (CFC Chapter 6). POLICE DEPARTMENT General Requirements PD-1. Applicant holds a Type 47 (beer, wine and spirits, 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. Applicant shall ensure entertainment activities do not interfere with the operation or peaceful environment of any surrounding business. PD-5. Applicant is reminded they are responsible for maintaining the peace and order of the parking areas used by their patrons. PD-6. 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-7. 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-8. 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-9. Any questions regarding these conditions should be direct�d to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132.