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HomeMy WebLinkAbout16-04 DH Resolution DH RESOLUTION NO. 16-04 A RESOLUTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA15-1714, A MODIFICATION TO THE EXISTING CONDITIONAL USE PERMIT FOR STARBUZZ HOOKAH LOUNGE TO ALLOW FOR INDOOR LIVE ENTERTAINMENT AT 32483 TEMECULA PARKWAY, SUITES 108 AND 109, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 960-020-057) Section 1. Procedural Findings. The Director of Community Development of the City of Temecula does hereby find, determine and declare that: A. On November 16, 2015, Mohammad Shaath, filed Planning Application No. PA15-1714, Minor Modification 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 Director of Community Development, at a regular meeting, considered the Application and environmental review on March 17, 2016, 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 Director of Community Development approved Planning Application No. PA15-1714 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA15-1714, conformed to the City of Temecula's General Plan Development Code. Section 2. Further Findings. The Director of Community Development, in approving Planning Application No. PA15-1714, hereby makes the following findings as required by Development Code Section 17.05.030(B)(2). 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; As conditioned, the project is consistent with the General Plan Land Use designation of Highway Tourist Commercial and meets all of the goals and policies contained in the General Plan. The General Plan anticipated land uses that serve the commercial needs of tourist to be located in the Highway Tourist Commercial Land Use Designation. Operational restrictions have been made part of the Conditions of Approval in order to ensure continued consistency with the General Plan and Development Code. B. The proposed Modification to the existing 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. As conditioned, the proposed Modification to the existing 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. Operational restrictions have been made part of the Conditions of Approval for this project to ensure compatibility with the surrounding development. The adjacent uses, buildings and structures are all commercial and retail-type uses and no residences are located in the immediate vicinity of this conditional use. The authorization of live indoor entertainment is not anticipated to adversely affect the neighboring tenants as all of the uses in the shopping center are compatible with the proposed modification to the conditional use. 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 council in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed modification to the existing conditional use is not detrimental to the health, safety and general welfare of the community. The project has been reviewed and conditioned to ensure conformance with the Development, Building, and Fire Codes. These codes contain provisions designed to ensure the protection of the public health, safety, and general welfare. Section 3. Environmental Findings. The Director of Community Development hereby makes the following environmental findings and determinations in connection with the approval of the Modification Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (CEQA Section, 15301, Class 1 Existing Facilities). Starbuzz Hookah Lounge currently operates in an existing shopping center. No new development is proposed. Subsequently, it has been determined that the project qualifies for an exemption under CEQA Section 15301, Class 1, Existing Facilities. Section 4. Conditions. The Director of Community Development of the City of Temecula approves Planning Application No. PA15-1714, 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 D ir777 this 17`" day of March, 2016 Luke ats n Director of Community Development I, Denise Jacobo, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 16-04 was duly and regularly adopted by the Director of Community Development of the City of Temecula at a meeting thereof held on the 17th day of March, 2016. Denise Ja o oo, Secretary EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA15-1714 Project Description: A Modification to the existing Conditional Use Permit for Starbuzz Hookah Lounge to allow for live indoor entertainment at 32483 Temecula Parkway, Suites 108 and 109 Assessor's Parcel No.: 960-020-057 MSHCP Category: N/A(no new grading) DIF Category: N/A(no new square footage) TUMF Category: N/A(no new square footage) Quimby Category: N/A(non-residential) Approval Date: March 17, 2016 Expiration Date: March 17, 2018 PLANNING DIVISION General Requirements 1. Indemnification of the City. 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. 2. Expiration. 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, or use of a property in conformance with a Conditional Use Permit. 3. 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 three (3) one-year extensions of time, one year at a time. 4. 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. 5. Sianage Permits. A separate building permit shall be required for all signage. 6. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment, walls, or other structures. 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 dated February 19, 2016, on file with the Planning Division, unless superseded by these Conditions of Approval. 9. Previous Conditions of Approval. All previous Conditions of Approval from PA08-0196 shall remain in full effect unless superseded herein. 10. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 11. City Review and Modification of CUP. The City, its Director of Community Development, 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 Director of Community Development, Planning Commission and City Council is in addition to, and not in-lieu of, the right of the City, its Director of Community Development, 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. 12. Noise. The applicant shall comply with Chapter 9 of the Temecula Municipal Code, including, but not limited to, all maximum exterior noise levels (70 dBAfor the Highway Tourist Land Use Designation). 13. Live Indoor Entertainment. The applicant shall ensure that all windows and doors are kept closed to ensure that the live indoor entertainment is contained to the interior areas of the facility. Doors and windows shall not be propped open. BUILDING AND SAFETY DIVISION General Requirements 14. Compliance with Code. All design components shall comply with applicable provisions of the 2013 edition of the California Building, Plumbing and Mechanical Codes; 2013 California Electrical Code; California Administrative Code, 2013 California Energy Codes, 2013 California Green building Standards, California Title 24 Disabled Access Regulations, Temecula Municipal Code. FIRE PREVENTION General Requirements 15. Life Safety Conditions. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. Maximum occupancy signage will need to be placed throughout the facility. 16. Fire Requirement. Any changes in walls or construction will require permits for any alternations to the sprinkler and/or alarm system. Change in occupant loads from what was previously approved will require additional notification appliances. POLICE DEPARTMENT General Requirements 17. Entertainment Rules. On-sale licensees who offer entertainment 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 on the breast, 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 her or her genitals or anus (Rule 143.3 CCR. Also violates Section 311.6 PC if conduct is "obscene," e.g. intercourse, sodomy, masturbation, etc.) 18. 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). 19. Loitering. The applicant shall ensure no loitering occurs on or adjacent to its premises during hours of operation. 20. Responsibility of Costs Incurred. The applicant shall be responsible for any cost incurred by the Police Department if additional officers are required because of traffic problems/congestion, public disturbance or where the need for police presence is required. 21. Consumption of Alcoholic Beverages in Public Prohibited. All design components shall comply with applicable provisions of the 2013 edition of the California Building, Plumbing and Mechanical Codes; 2013 California Electrical Code; California Administrative Code, 2013 California Energy Codes, 2013 California Green building Standards, California Title 24 Disabled Access Regulations, Temecula Municipal Code. If any stage or booth is added, permits will be required prior to the stage or booth being utilized for any purposes. 22. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 695-2773.