Loading...
HomeMy WebLinkAbout062713 DH Agenda AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING June 27, 2013 1:30 P.M. TEMECULA CITY HALL Great Oak Conference Room 41000 Main Street Temecula, CA 92590 CALL TO ORDER: Patr.ick Richardson, Director of Community Development PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Director of Community Development on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Director about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the 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: PA13-0104 Project Type: Minor Conditional Use Permit Project Title: Fazeli Cellars Wine Bar Applicant: Nicole Blankenship Project Description: A Minor Conditional Use Permit to allow Fazeli Cellars Wine Bar to conduct indoor live entertainment Wednesday and Thursday from 12 p.m. to 8 p.m., Friday from 12 p.m. to 10 p.m., Saturday from 10 a.m. to 10 p.m., and Sunday 11 a.m. to 6 p.m., closed on Mondays and Tuesdays Location: 41955 Fourth Street, Suite 101 Environmental Action: Section 15301, Class 1 Existing 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.cityoftemecula.ora — 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.cityoftemecula.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: June 27, 2013 PREPARED BY: Kenny Taylor, Case Planner PROJECT Planning Application No. PA13-0104, a Minor Conditional Use SUMMARY: Permit to allow Fazeli Cellars Wine Bar to conduct indoor live ' entertainment within an existing building with hours of operations on Wednesday and Thursday from 12 p.m. to 8 p.m., Friday from 12 p.m. to 10 p.m., Saturday from 10 a.m. to.10 p.m., and Sunday 11 � a.m. to.6 p.m., closed on Mondays and Tuesdays, at 41955 Fourth Street, Suite 101 RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15301, Class 1 Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Nicole Blankenship General Plan Specific Plan Implementation (SPI) Designation: � Zoning Designation: Old Town Specific Plan: Downtown Core District (DTC) Existing Conditions/ Land Use: Site: Retail and Office/ Downtown Core District (DTC) North: Existing restaurant/Downtown Core District (DTC) South: Vacant lots/Downtown Core District (DTC) East: Vacant lot and automotive repair shop/ Downtown Core District (DTC) West: Existing retail/Downtown Core District (DTC) Existinq/Proposed Min/Max Allowable or Reauired Lot Area: 0.32 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 G:\PLANNING\2013\PA13-0104 Faceli Cellars CUP\Planning\Director's Hearing\STAFF REPORT.docx 1 BACKGROUND SUMMARY On April 23, 2013, Nicole Blankenship submitted Planning Application No. PA13-0104, a Minor Conditional Use Permit to allow Fazeli Cellars Wine Bar to provide amplified live indoor entertainment for wine tasting customers. 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 Fazeli Cellars Wine Bar is located in a multi-tenant building occupying 1,500 square feet of an existing commercial suite, within the Downtown Core District of the Old Town Specific Plan. The project site is bordered by a variety of retail business, offices, and other commercial related uses on all sides. The applicant currently possesses a Type 2 ABC License (Winegrower) allowing the operation of a winery and wine tasting onsite. A Type 2 license (Winegrower) does not require a Conditional Use Permit (CUP) and is solely for the sale of wine products only. The Wine Bar serves local and international wine products to its customers. No food is prepared or served onsite. The applicant is requesting to add live indoor entertainment to enhance its current ambience for wine tasting customers. Bars, restaurants, cocktail lounges, and nightclubs proposing the ancillary use of live entertainment are allowed with approval of a CUP. The proposal includes live entertainment (with amplification) of musical instruments and microphones up to five days per week. Typical entertainment would consist of a solo performer, comedy, karaoke, and musical acoustic duos. The proposed live ente.rtainment would primarily operate during evening hours based on scheduled events and performances beginning Wednesday and Thursday from 12 p.m. to 8 p.m., Friday from 12 p.m. to 10 p.m., Saturday from 10 a.m. to 10 p.m., and Sunday 11 a.m. to 6 p.m closed on Mondays and Tuesdays. The Wine Bar has two full-time employees, two part-time employees, and an on-call event employee, with an expected number of 35 to 45 daily customers. No exterior changes to the building are proposed. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U-T San Diego on June 14, 2013 and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act (CEQA), the proposed project has been deemed to be categorically exempt from further environmental review. Section 15301, Class 1 Existing Facilities): The applicafion will allow Fazeli Cellars Wine Bar to provide live indoor entertainment in an existing multi-tenant building suite. No modifications are proposed for the exisfing structure and site plan. The land use (wine bar) has been analyzed and it has been determined that, since the use will be located within an existing building and no physical expansion is involved, further environmental review is not necessary because the project is consistent with CEQA Section 15301, C/ass 1 Existing Facilities exemption and meets all applicable Development Code requirements. G:\PLANNING\2013\PA13-0104 Faceli Cellars CUP\Planning\Director's Hearing\STAFF REPORT.docx 2 FINDINGS The proposed conditional use is consistent with the General Plan and the Development Code. The use will allow Fazeli Cellars Wine Bar to provide live indoor entertainment within an existing multi-tenant building suite. A request for live entertainment as an ancillary use is typical for bars, restaurants, cocktail lounges, nightclubs, and other related uses in Old Town consistent with the General Plan, Old Town Specific Plan, and Development Code polices. The Old Town Specific� Plan does require 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 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 Fazeli Ce//ars Wine Bar to conduct live entertainment within an existing enclosed building 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 meets all requirements of the Development Code, General Plan, and building and fire codes 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 conditionally approve the application for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Planning Director. G:\PLANNING\2013\PA13-0104 Faceli Cellars CUP\Planning\Director's Hearing\STAFF REPORT.docx 3 r ATTACHMENTS Aerial Map Plan Reductions Resolution , Exhibit A- Draft Conditions of Approval Statement of Operations Notice of Public Hearing ' G:\PLANNING�2013\PA13-0104 Faceli Cellars CUP\Planning\Director's Hearing\STAFF REPORT.docx 4 AERIAL MAP Cit of Temecula y ; -, .�c v ^*���• . � ' � -. � •, . \ � �� f . r � �. � ' �t�, , " . �� �, , t � #� . , • C : ��� �,;�, / ` . � � � �� - : •� ` ; • . , �` � �•; • r :d .� � �. s � i � .r%'� � - :�; .�`, , d . � �,, - F j : 't` '�� . . ,.� � �� e � ; � � � '���- .�� �. ;! /, � , � �'.. , �,Z. �; ,o�- � _ . � / _`... ��� v` �� J �,� � � , - � �"� � � ` �r�Je�il Jil.e � r � �- � J � � � , , � �� � - `►.. •� - '.�, � f . °j ,. _ - ; � � .. �� � , .,, �� � � : ^� . , � �, x � ' ' � ' �: � r , ,, - / ' �, . ' ' ,� � , ' �\ / . � ^ r r - � �"� . \ '1 �f• ?�„;.' .:� ^ 1 � _ " • , . .. � ' ,« . �..� , _ • • �^, r �,� `�#• t, L �' i •. ' . +' � \o . , ��. , �t •• . � �� ` f • , \ •� � � � ` �� � • ��:;�� . ,.I - / . $` b� '". _ �^• `� ' . ,. ,�� ��� � i " e � ` • , f y* i � f " c � � . �� . ,� / ) � � ^ � ' � � R y d / � . ,� . s . / , � , I . . � _ .. ,�.. r �.'� � T � `' / - J `��� � � F 1� `.,¢ � -.i • '�. �,.� ' 1 �- � f� � � � �. r . .( � � .��. r ` ' � � �?`,` ���` • ` �{ �,� ' t ��� •r: � a„ `'� ,/� ' 1 �,` y �i fi ' • _ � � �� � "� �' � ' , � +�� ` \ � . . � ', � .' V ', � r � . �/ �, f ;�. �� = �, '� . � ' � ti � � �! � v , I,_s " •�,, J o so �oo zoo Feet y <�° ""4� N This map was made by the CRy of Temecula Geographic Infortnation System. The map is derived from base data produced by the Riverside County Assessor Department and the Transportation and Land Management Agency of RiversidE �, � County. The Ciry of Temecula assumes no warranty or legal responsibility for th � �.w � � infortnation contained on this map. Data and information represented on this ma are subjed lo update and mod�cation. The Geographic Information System arn other sources should be queried for the most current infortnation. This map is not for repriM or resale. PLAN REDUCTIONS �x���—��e�����r��—�����+��� I � T►{�y��,�Y�+'�'���q� PROJECT INFORYATION SOLANA VISTA BUILDERS,INC Y!GM EL CA►MNO IIQAL YTE 10! MM. . , 7oa cren+. �rYw.w. ooa.IGC ...................... lr.t �. n. x. cdq smp at.� c�waw. r�urawM sr anoPERTV ur� _ � r — — — — — — — — — — —�— .�� 7wodwn+�rrroGw(aoc}vawnr�w2.......{r.naiwa�apq i,►wwnY+�■�a.rw UCR �F10M�AM I I � Q�YF�011Y11�11�01W WNYC.OMw1�:M1�) ;Nw A7tlli�yw�r.w�r 3010 CdrulY� FUaYk�l OOY 7. w tl�Ylif aYYY I � i (CFC} ............................ PM A 71M 71� OOItl �, w xvM.yr� rl0/0 F�Ibn Nrelrl F1tlkY CoY WO 9807 fY�lonY� Mrl�) � Owir. �Nrtl M� � � I � 1010C�Yn1YWa11/110110eU(CJIC) ........................ (P�X�.ri]I.Cq) �.Q�00(1W wa+s �••^•^ ACCE (7Y10 �iAren WMO UIl� Ytl�Wal QY�MI� �007 CrYiN�Aer�iY) Twsi. Gl �1ltl� � �_ PA�NO. I 1 1U6 7010 frkni /Ywtlp OW (O'O} ........................... (M �.71Y L. CG) 7�rt F� W .— �m�� - (7D10 Ed1an N�110 LMw� AwrM Osr ni� 70AW CMnY� MrMr� N�6 RrMd1 QIM� I E%IBTNifi PARKINO LAT I YMr. Gl WN ° � , +.w� w w.��` u-• I I � ' I 9010C,IkmY6rNOY .........................................IM�.TY2/.Op1) Wpy.!/pp ....._....ra K . (�BtOi/renCiniGrpCrrNWanrY�/b�f�d�iw'�) � —__._. _ _ _ ...— � U � ........ (M �. Tr 71. COU �� Q��a � C.n1r�c�sL ' I f010 Cini 19� OM� (�1 ........................... SOINN NBTA MM.OFAi.NC I I ro+o�wwar.rcr.a.rrwsororw�rw.�+..r) �ec.,+nenwar.�awr � c�rra.cw aoa 51.4. u< 61 z35 31 i r J � �4..ti.A...o...�.w.�. ................... �,x,..�.mu r,e,�..,4�,� carrt u.r� K�s«y µ�;��. K..16e�, I i I � occurucv ex�erw�: a�� ' I�SZ I L� � � oF �MOOU I o��� �w �.aao � � I �� ,we oF consrnucria,: wevFwa�l � � I ra. oF sioa�s: s � � � SHEET INDEX � i (El OFFICE BUIIDING I AO 9R8 M.AN� PR01l7Cf DAtE A1 870.4TIN0 PLAN � I AZ PROPOBBD PI.AN � ' A3 PAOPOB� C.84.�J0 PI.AN M NOT&4 MID 3CFLL'DUI,H a � I AS PR.�I(IIJO DElAl1.9 � A6 C�1NO D81'AIIS � � I 11] AI�AFI� SQBDU388 I L�� I IL1 SffiCIU.NICALR[.00API.AN r I !1 PLUI�ING SCk4DULB �N07EB P2 PLUI�Q70 9CtIDDU[.E . � P3 PLIJYBDIO F7.004 PIAN L-_-_ ���_----_ � E7(ISTING SITE PLAN - N.i.B _ " ____ — � � � � ACCY�1.81A7410iTRAVBL(�O�)ABQmfCAi�ON ' rIAN 0 A BAYA�R P0.61i ACLP951lIXfR Mf11101ff ANY � � A9lUR Y8177CAL OIANOPB 6XC�Qq IR' BEVHEp AT E ' i:3 WX. 7LUM6. fiX(YlI7}IAT LHV�, q1A1qF8 00 NUf �(CbBD IN' W1C VBl]'ICAL ANO � AT l9ASf N' Wmfl BURPA� � BIIPl6SI8iANT.5CAW2� PR1.1. AIID 9NOOfN. Q088 9111P¢ Wd5 NOT �fCeeD 3%ATA SIl7fE M THt � ��'� a� �� VICINITY I(AP or ovew+nt+au�a oearnuciwrvs ro ea� �amwue� i i msea) um nonwwo oaecra aaw� n�,w r o '� er nommow Fna. �mrrtxncroa no vmr nva �wu us �ir �p �i " V "�t.w�.w.r . �� o ' noa�ae�swnmr�rnoenuvm,�lmn�r�n�or - �. 4;f�. nevec co�wes vrtx cac iu�e. �' . S � �'� - . `.'� ww.+ mic ��`�' � ' FA�LI CEL11�R8 �.. - ��.. � ,+ ^- . 4ioss �TM sr. io�nwt G � ; «�. ,�� ' ` � � � � � � � �> � $��.' `-,:. - --- -- IF TME BULpNG IN4PECi0R OE1EfOMNES NO/ICAIWIUNL'E M11N I�MY �������� :. .. i AM 'ME DESIGNEfl/OwNER IN RESPONSIBIE CIWIGE OF MIS ��� P��R NE/SNE SIMLL HEIXI�NE C011PLE7E DETNLED � � �_ � TGNANT IMPFOVEMENT PFQIECT: I H4VE INSPECTED THE SRE/P0.EYISES NIO P S CIFMLY $HpMNO ML DIt5TIN0 NON COYPLYINC Cp1IXfpN5 NID iHE 1 ��� • , �� � PROPOSED 110pFIGTI0K5 TO MEEf CUFRENT ACCESSIBIUIY PROVISqNS /�F'fECTED �R� ` � � ��� JEC'f DATA DETERMINED THAT E%ISTINC CONOITIONS ME IN NLL COMPWNCE WRH qy 7ME REAIODEL( IHCLUDING SfiE PIAN. ROOR PLV15, DEUJlS, EfC.) TNE PlANS YUST '-, �' 4 ' '� � ' � � SI� rl.M1[\ PRa CURRENT SRE ACCESSIBIIITY REOUIREMENTS TO 7HE E%TENT REWMtED BY gE y7�ypEp gy THE FlELD iNSPECfOR ! RESUBMIf1ED TO TNE BURD DEVElOP11EM '���'�:�{� �. THE UW. RC�'IEW DP1510N. ' "� �: � SIGN�TUNE: . ._ $IQNA TURE � �� ' . �� ��M w.r PPoNT NAME:_ _ PRYlf N!: ':�.� ., f ! �`Q � � o � � -- OATE: .__ DA�E: +.Pd f t ; t, ^. I�au. iwn is No1m � f�`�� c '�' `• � am� ow�u w - jl � < � ' .:�. � Y9 ., �. ��,' �� �, .. rz /1� �/+/no+a y -- �i-�-]-1- �� ,��,�.�.�.�.�, 90LANA VISTA BUILDERS,INC swe E� c��o w� rt� �a rw. rwwwu, cusaw�r, m •�».rvoo rtw�w�w IaRaR.b+ Wuw a.fII'iwLG O D O OO i00CYY6NIYYF�[I O � �(���� �� L i�vL,LL � O - 1YMTICMN�II _ n � i � � �_ O �7�r � � � � .��.. msrar�*wu*�ru / / 1 j � I 4 - O �` / F M t� O , 4 ,,.. f Y �� , i ' t i ,.. � 7 1 �'�-- � o ' I + . �� � o ' - � � � o � &n� o ..... = o .��� �� o -�-- � "' � + o �-- � , Q � � } o -�••• o� � t ' s� e� y l ��� �w�....�q O m � � �� � FA�1A CELLARS � 4 �tl! �w Sf. 10E71A G � � • �1r� �[ � � �� PROPOSED FLOOR PLAN PR�P�ED FLOOR PLAN SCALE: 1/4"�1�-0" �� � "� .�. � ■.a l� A �wlr ��� A� �. " A2«R MA�a n _' - DH RESOLUTION DH RESOLUTION NO. 13- A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA13-0104, A MINOR CONDITIONAL USE PERMIT TO ALLOW FAZELI CELLARS WINE BAR TO CONDUCT INDOOR LIVE ENTERTAINMENT WITHIN AN EXISTING BUILDING WITH HOURS OF OPERATIONS ON WEDNESDAY AND THURSDAY FROM 12 P.M. TO 8 P.M., FRIDAY FROM 12 P.M. TO 10 P.M., SATURDAY FROM 10 A.M. TO 10 P.M., AND SUNDAY 11 A.M. TO 6 P.M., CLOSED ON MONDAYS AND TUESDAYS, AT 41955 FOURTH STREET, SUITE 101 (APN 922-033-022) Section 1. Procedural Findings. The Planning Director of the City of Temecula does hereby find, determine and declare that: A. On April 23, 2013, Nicole ,Blankenship, filed Planning Application No. PA13-0104 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 27, 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. PA13-0104 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA13-0104, conformed to the City of Temecula's General Plan, Old Town Specific Plan, and Development Code (Conditional Use Permits). Section 2. Further Findings. The Planning Director, in approving Planning Application No. PA13-0104, hereby makes �the following findings as required by Conditional Use Permits Section 17.04.010. 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 Fazeli Cellars Wine Bar to provide live indoor entertainment within an existing multi-tenant building suite. A request for live entertainment as an ancillary use is typical for bars, restaurants, cocktail lounges, nightclubs, and other related uses in Old Town consistent with the General Plan, Old Town Specific Plan, and Development Code polices. The Old Town Specific Plan does require the approval of a Minor Conditional Use Permit for indoor live entertainment. 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 Conditional Use Permit. The live indoor entertainment is conditioned appropriately to ensure noise /evels 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 this 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 Fazeli Cellars Wine Bar to conduct live entertainment within an existing enclosed building to attenuafe 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 meets all requirements of the Development Code, Genera/ Plan, and building and fire codes 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 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 Planning Commission or City Council on appeal. The decision to conditionally approve the application for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Planning Director: 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 (CEQA), the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1 Existing Facilities); The application will allow Fazeli Cellars Wine Bar to provide live indoor entertainment in an existing mu/ti-tenant building suite. No modifications are proposed for the existing structure and site plan. The land use (wine bar) has been analyzed and it has been determined that, since the use will be located within an existing building and no physical expansion is involved, further environmental review is not necessary because the project is consistent with CEQA Section 15301, C/ass 1 Existing Facilities exemption and meets all applicable Development Code requirements. Section 4. Conditions. The Planning Director of the City of Temecula approves Planning Application No. PA13-0104, A Minor Conditional Use Permit to allow Fazeli Cellars Wine Bar to conduct indoor live music entertainment within an existing building with hours of operations on Wednesday and Thursday from 12 p.m. to 8 p.m., Friday from 12 p.m. to 10 p.m., Saturday from 10 a.m. to 10 p.m., and Sunday 11 a.m. to 6 p.m., closed on Mondays and Tuesdays, at 41955 Fourth Street, Suite 101, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Director this 27 day of June, 2013 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. 13- was duly and regularly adopted by the Planning Director of the City of Temecula at a regular meeting thereof held on the 27 day of June, 2013. Cynthia Lariccia, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A � CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA13-0104 � Project Description: A Minor Conditional Use Permit to allow Fazeli Cellars Wine Bar to conduct indoor live entertainment within an existing building with hours of operations on Wednesday and Thursday from 12 p.m. to 8 p.m., Friday from 12 p.m. to 10 p.m., Saturday from 10 a.m. to 10 p.m., and Sunday 11 a.m. to 6 p.m., closed on Mondays and Tuesdays, at 41955 Fourth Street, Suite 101 Assessor's Parcel No.: 922-033-022 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: June 27, 2013 Expiration Date: June 27, 2015 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 Ciry'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 1 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 year 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. 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 April 23, 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. Hours of operation of the live entertainment shall be permitted on Wednesday and Thursday from 12 p.m. to 8 p.m., Friday from 12 p.m. to 10 p.m., Saturday from 10 a.m. to 10 p.m., and Sunday 11 a.m. to 6 p.m. closed on Mondays and Tuesdays. PL-11. All entertainment must be conducted indoors in order to reduce the noise impact. PL-12. All exterior doors and windows shall be closed during hours of live entertainment for noise containment. PL-13. 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-14. 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 2 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. POLICE DEPARTMENT General Requirements PD-1. Applicant holds a Type 02 (winegrower) 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). 3 PD-7. Any questions'regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. FIRE PREVENTION No conditions BUILDING AND SAFETY No conditions PUBLIC WORKS No conditions 4 STATEMENT OF OPERATIONS �-� ;''�\ {. � � �; _ �� ' LS�L�U V � � , D __-_-- �� aPR 2 3 �� 41955 Fourth Street, Suite 101, Temecula, CA 92590 Section I. A detailed description of the equipment proposed for the event. We are applying for the use of our indoor area to host live music, the description of equipment proposed may include but not limited to musical instruments and microphone(s). Hours of Operation. Wed & Thurs 12noon-8pm Fri 12noon-10pm Sat 10am-10pm Sun 11am-6pm Number of Employees. Fa2eli Cellars, currently employs 3-4 employees, 1 of which is just for events. Proposed Private Security. Fazeli Cellars praposes no private security. Estimated number of people in attendance. Fazeli Cellars estimates between 30-45 people /- -, ��`� `, . r-�..., • �V CFl[.ARS 41955 Fourth Street, Suite 101, Temecula, CA 92590 Section I. Continuted Total number of parking spaces e(iminated for the event. Fazeli cellars estimates anywhere from 12-20 parking spaces efiminated at a given time. fndicate if food will be provided. Fazeli Ceflars does not have the capacity to pravide food prepared on site. indicate if alcohol wifl be provided. Fazeli Ceilars provides wine tasting for a nominal fee. Indicate if live entertainment or loud music will be provided. Fazeli Cellars plans to provide indoor live entertainment, to enhance our current environment, and not overpower our current ambiance. Indicate all types of structures to be provided (lights, tents, signs, fences, etc.) Fazeli Cellars will not provide any type of structures. � i � y , • � ��A� 41955 Fourth Street, Suite 101, Temecula, CA 92590 Section I. Continuted Indicate how many portable restrooms will be provided, if any. Fazeli Cellars has restrooms available for our guests, and do not plan to provide any additional portable restrooms. Indicate i# ADA (handicap) paths are existing on-site. ADA (handicap} paths are existing on-site. NOTICE OF PUBLIC HEARING �\\ I �/i ■ ■ ■ ��� � Notice of Publ�c Hearin :�� ? ..:.. .:.; :, J ::c ..1989 . ,.. A PUBLIC HEARING has been scheduled before the City of Temecula Planning Director to consider the matter described below: Case No: PA13-0104 Applicant: Nicole Blankenship Proposal: A Minor Conditional Use Permit to allow Fazeli Cellars Wine Bar to conduct indoor live entertainment within an existing building with hours of operations on Wednesday and Thursday from 12 p.m. - 8 p.m., Friday from 12 p.m. - 10 p.m., Saturday from 10 a.m. - 10 p.m., and Sunday 11 a.m. - 6 p.m., closed on Mondays and Tuesdays, located at 41955 Fourth Street, Suite 101 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) Case Planner: Kenny Taylor, (951) 240-4203 Place of Hearing: City of Temecula, Great Oak Conference Room Date of Hearing: June 27, 2013 Time of Hearing: 1:30 p.m. , � � ���,� ���� � fss �` 'Project Site ,� � ��� P ' � ���; a:, ,; tr'„', ` � �� � , g aro t. y � a��� k, 4 �q 9 r o s? i �?� ,� /�\ o �zs z�o � ,� . : rr, �� i . . � . . , �. i Notice af Public Hearing 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.cityoftemecula.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.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) 694-6400.