Loading...
HomeMy WebLinkAbout15-18 PC ResolutionPC RESOLUTION NO. 15 -18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA15 -0721, A MODIFICATION TO UPDATE THE STATEMENT OF OPERATIONS FOR A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT, LOCATED AT 27464 JEFFERSON AVENUE, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 910 - 310 -010) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On May 11, 2015, Chin Lung Tsai filed Planning Applications No. PA15- 0721 a Modification, 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 Commission, at a regular meeting, considered the Application and environmental review on July 15, 2015, 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 Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA15 -0721, subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Conditional Use Permit, Development Code Section 17.04.010.E 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; Chin's Gourmet Restaurant and Lounge operates as a full - service restaurant with the primary purpose of offering a full menu of food items with alcoholic beverages, and the proposed live indoor entertainment. The proposed use is consistent with the City of Temecula General Plan which specifies Highway Tourist (HT) designation for this site and allows for restaurants and other service oriented businesses. In addition, the proposed live entertainment is typical of restaurants and will be consistent with General Plan and Development Code policies. 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; Chin's Gourmet Restaurant and Lounge is an existing restaurant within the Highway Tourist zoning district. As conditioned, the proposed uses are compatible with the nature, condition and development of adjacent uses, buildings and structures, and the proposed conditional uses 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 indoor live entertainment at an existing commercial building location. The site will remain unchanged in size and shape to accommodate the uses prescribed in the Development Code as 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 uses are not detrimental to the health, safety and general welfare of the community; The project meets all requirements of the Fire Code, the Building Code, Development Code and General Plan 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 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 Commission. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Modification: 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, Existing Facilities); The request for a Modification to an existing Statement of Operations from a previously approved Conditional Use Permit would be conducted in an existing building within a developed retail shopping center. All access and public utilities are available to the site. The proposed use, with issuance of a Conditional Use Permit, is in conformance with all zoning requirements of the Development Code. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application PA15 -0721, a Modification to update the statement of operations from the previously approved conditional use permit, located at 27464 Jefferson Avenue, and making a finding of exemption under the California Environmental Quality Act (CEQA) (APN 910 - 310 -010), 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 Commission this 15th day of July, 2015. Al Ron Guerrero, Interim Chairperson ATTEST: hlferim Director of Community Dev. Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 15 -18 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 15th day of July, 2015, by the following vote: AYES: 3 PLANNING COMMISSIONERS: Guerriero, Harter, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 1 PLANNING COMMISSIONERS: ABSTAIN: 0 PLANNING COMMISSIONERS: Turley -Trejo akZa�t on Inte rim Director of Community Dev. Secretary Planning Application No.: Project Description: Assessor's Parcel No. MSHCP Category: DIF Category: TUMF Category: Quimby Category: Approval Date: Expiration Date: PLANNING DIVISION EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL PA15 -0721 A Minor Modification to an existing Statement of Operations to include live entertainment, karaoke, comedy shows, and special events. The project is located at 27464 Jefferson Avenue 910- 310 -010 N/A (No New Square Footage) N/A (No New Square Footage) N/A (No New Square Footage) Exempt (Non - Residential) July 15, 2015 July 15, 2017 Within 48 Hours of the Approval Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a cashiers 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 Division 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 2. Indemnification of the Citv. 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 Citys 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. 3. Expiration. This approval shall be used within (one, two, or three years - choose one) 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 (one, two, or three year - choose one) period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit. 4. Time Extension. The Director of Community Development 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. 5. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 6. Signage Permits. A separate building permit shall be required for all signage. 7. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project 8. Statement of Operations. The applicant shall comply with their Statement of Operations on file with the Planning Division, unless superseded by these Conditions of Approval. 9. Posting of Local Transportation Providers. 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 at (951) 676 -5090. 10. Previous Approval. All previous Conditions of Approval from PA11 -0217 shall remain in full effect unless superseded herein. 11. Compliance with City Noise Ordinance.. The project shall operate in conformance with all requirements and regulations of Chapter 9.20 (Noise) of the Temecula Municipal code. 12. Food Service. Food shall be made available for customers to order during all business hours (Condition added at Planning Commission Hearing on July 15, 2015) 13. L.E.A.D. Trainino. Prior to an employee selling alcohols from the facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Eduction on Alcohol and Drugs (L.E.A.D) training from the California Department of Alcoholic Beverage Control. FIRE PREVENTION General Requirements 14. Exit Signage. Provide an approved self - luminous exit signs or illuminated exit signs supplied by two separate circuits, one of with shall be separate from all other circuits, at required exits and where otherwise needed to clearly indicate the direction of egress. (CFC Chapter 31) 15. Fire Requirement. Post a Maximum Occupancy Sign indicating the the maximum number of persons allowed within the establishment. POLICE DEPARTMENT General Requirements 16. Consumption of Alcoholic Beverages in Public Prohibited. The applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. 17. Ensure No Alcohol Sold or Consumed by Person Under the Age of 21. The applicant shall ensure that no alcohol is sold to or consumed by any person under the age of 21. 18. Identification Verification. 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. 19. Acceptable Forms of Identificaion. 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 responsibility of the business owner and any person who serves or sells alcohol to be aware of current laws and regulations pertaining to alcoholic beverages 20. 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 21. Undue Number of Calls for Service. Licensees may not permit their licensed premises to be a problem for the local law enforcement agency by needing an undue number of calls for service. The licensed premise includes the parking lot (Section 24200 (a)(B &P) 22. No Alcohol Sales Between 2:00 am and 6:00 am. 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). 23. Inspections. Police officers, sheriff's deputies enforcement officers (peace officers) with power s uniform, peace officers have the legal right to visit time during business hours without a search wa inspecting the bar and back bar, store room, office, , or any other area within the licensed premises. It exclude the public from some areas of the premises. deny entry to, resist, delay, obstruct, or assault a p 25755 B &P; 148 and 241 (b) PC) and ABC investigators are sworn law of arrest. Whether in plainclothes or and inspect any licensed premises at any rrant or probable cause. This includes closed or locked cabinets, safes, kitchen, is legal and reasonable for licensees to However, licensees cannot and must not eace officer (Sections 25616, 25753, and 24. Disorderly House. 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). 25. Employee Training for Identification Checks. The applicant shall ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. The Temecula Police Department provides free training for all employers and 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 Crime Prevention and Plans Unit at (951) 506 -5132 to set up a training date. Training must be completed prior to the grand opening of this business and periodic updated training when new employees/ management are hired. 26. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506 -5132.