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HomeMy WebLinkAbout13-004 DH Resolution DH RESOLUTION NO. 13-04 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 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. 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 attenuate noise generated from the ancillary use. The site will remain adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The project 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. 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 multi-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 consistenf 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 Community Development I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 13-04 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 iccia, Secretary