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HomeMy WebLinkAbout14-018 PC ResolutionPC RESOLUTION NO. 14-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA14-0057, A CONDITIONAL USE PERMIT FOR THE TEMECULA VALLEY EVENT CENTER, A VENUE FOR CONDUCTING PUBLIC AND PRIVATE GATHERINGS INCLUDING LIVE INDOOR ENTERTAINMENT, TO OPERATE UNDER A TYPE 57 ABC LICENSE (SPECIAL ON SALE GENERAL) LIQUOR LICENSE, LOCATED AT 27345 JEFFERSON ROAD, (PLAZA SEVILLE CENTER) (APN 909-270-044) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On March 13, 2014 the applicant filed Planning Application No. PA14- 0057, a 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 Commission, at a regular meeting, considered the Application and environmental review on July 16, 2014, 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. PA14-0057 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: Major Conditional Use Permit, Development Code 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; As proposed, the Temecula Valley Event Center will operate as a public and private gathering establishment with the primary purpose of offering a venue for events, classes, meetings, parties, workshops, and banquets. The proposed use is consistent with the City of Temecula General Plan which specifies that the Highway Tourist Commercial (HT) designation includes retail, professional office, and service oriented business activities serving the entire community. The Temecula Valley Event Center is proposed within an existing shopping center. The sale of alcohol would serve as an incidental use to the establishment operations. Development Code Section 17.10.020.8.2 allows for the incidental sale of alcoholic beverages in conjunction with an otherwise allowable use as a conditionally permitted use. 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 Temecula Valley Event Center is proposed in an existing free-standing building in an existing shopping center within the Highway Tourist Commercial zone. 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. 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 a Type 57 ABC License (Special On -Sale General) liquor license at an existing free-standing building location. 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 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 use is not detrimental to the health, safety and general welfare of the community; The project meets all requirements of the 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. Public Convenience or Necessity (Development Code Section 17.10.020.B.5) A. The proposed use is consistent with the General Plan and the Development Code; As proposed, the Temecula Valley Event Center will operate as a public and private gathering establishment with the primary purpose of offering a venue for events, classes, meetings, parties, workshops, and banquets. The proposed use is consistent with the City of Temecula General Plan which specifies that the Highway Tourist Commercial (HT) designation includes retail, professional office, and service oriented business activities serving the entire community. The Temecula Valley Event Center is proposed within a free-standing building in an existing shopping center. The sale of alcohol is an incidental use to the establishment. Development Code Section 17.10.020.B.2 allows for the incidental sale of alcoholic beverages in conjunction with an otherwise allowable use as a conditionally permitted use. B. The proposed use is compatible with the nature, condition and character of the adjacent land uses; The Temecula Valley Event Center is proposed within a free-standing building in an existing shopping center within the Highway Tourist Commercial Zone. This center includes PrimeLending, Vineyard Valley Dental, Inc., EI Polio Loco, Frazee Paint, Cartridge World, Hawaiian Spa Massage, Community Crossings Inc., Little Chung King Chinese Restaurant, Heather Pilapil's Gallery, and other retail and restaurant uses. The incidental sale of alcoholic beverages at the establishment is compatible with the nature, condition and character of adjacent land uses. C. The proposed use will not have an adverse effect on adjacent land uses; It is not anticipated that the proposed use will have an adverse effect on adjacent land uses, as all of the adjacent land uses are primarily community commercial type uses, and the proposed project is anticipated to add to the convenience and diversity of uses located within the center. D. The proposed use will not result in an excessive number of similar establishments in close proximity; The majority of the licensed businesses in Census Tract 512 are concentrated two miles south of the Temecula Valley Event Center in Old Town Temecula. There are seven similar establishments in close proximity (within 1,500 feet) of the Temecula Valley Event Center including Little Chung King Chinese Restaurant, Bangkok Chef, Banzai Japanese Cuisine, Greek Place, Vail Ranch Steakhouse, ET's Sports Lounge, and Stadium Pizza. An eighth license (for the Temecula Valley Event Center) in the census tract for on -sale alcoholic beverage at the establishment would not result in an excessive number of similar establishments in close proximity as the Highway Tourist zoned area is intended for such commercial uses. Section 3. Environmental Findings. The Planning Commission 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); The request for a Conditional Use Permit for an event center for live indoor entertainment and Finding of Public Convenience or Necessity for a Type 57 ABC License (Special On -Sale General) liquor license at the proposed Temecula Valley Event Center will be conducted in an existing building suite in 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 No. PA14-0057, a Conditional Use Permit for the Temecula Valley Event Center, a venue for conducting public and private gatherings including live indoor entertainment, to operate under a Type 57 ABC License (Special On -Sale General) liquor license. ;pcated at 27345 Jefferson Road, (Plaza Seville Center) 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 16th day of July, 2014. tanley Harter, Chairman ATTEST: Armando G. Vill< Secretary [SEAL] STATE OF CACIFORNIA ) COUNTY OF;RIVERSIDE )ss CITY OF TEMECULA ) I, Armando G. Villa, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 14-18 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 16th day of July, 2014, by the following vote: AYES: 3 PLANNING COMMISSIONERS: Guerriero, Harter, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 2 PLANNING COMMISSIONERS: Carey, Kight ABSTAIN: 0 PLANNING COMMISSIONERS: None Armando G! Villa, AICP EXHIBIT A CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA14-0057 Project Description: A Conditional Use Permit for the Temecula Valley Event Center, a venue for conducting public and private gatherings including live indoor entertainment, to operate under a Type 57 ABC License (Special on Sale General) liquor license, located at 27345 Jefferson Road (Plaza Seville Center). Assessor's Parcel No. MSHCP Category: DIF Category: TUMF Category: Quimby Category: Approval Date: Expiration Date: PLANNING DIVISION 909-270-044 NA (No New Square Footage/Grading) NA (No New Square Footage) NA (No New Square Footage) Exempt (Non -Residential) July 16, 2014 July 16, 2016 Within 48 Hours of the Approval of This Project PL -1. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division 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 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 PL -2. 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. PL -3. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL -4. 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. PL -5. 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. PL -6. Signage Permits. A separate building permit shall be required for all signage. PL -7. 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. PL -8. Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. PL -9. Graffiti. All graffiti shall be removed within 24 hours on equipment, walls, or other structures. PL -10. Water Quality and Drainage. 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. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. PL -11. Trash Enclosures. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on the site plan. PL -12. Covered Trash Enclosures. All trash enclosures on site shall include a solid cover and the construction plans shall include all details of the trash enclosures, including the solid cover. PL -13. Statement of Operations. The applicant shall comply with their Statement of Operations dated March 7,2014, on file with the Planning Division, unless superseded by these Conditions of Approval. PL -14. 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. PL -15. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL -16. 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. PL -17. Compliance with State Laws and Labor Code. The permittee shall comply with all applicable state laws, including the California Labor Code. PL -18. Compliance with Riverside County Health Department Requirements. The permittee and the establishment shall be in compliance with all Riverside County Health Department requirements. PL -19. 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. PL -20. Alcoholic Beverage Sales. The sale of alcoholic beverages for on-site consumption shall be limited only to customers participating in events on the dates and times for which they have been scheduled. PL -21. L.E.A.D. Training. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.A.D) training from the California Department of Alcoholic Beverage Control. BUILDING AND SAFETY DIVISION General Conditions B-1. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building plans are reviewed and submitted to Building and Safety. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. B-2. 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. B-3. Occupancy. Provide occupancy load for building. B-4. Permits. Building permits will be required for: a. Wall built without inspections. b. Certificate of occupancy. Disabled Access. Provide details of all applicable disabled access provisions and building setbacks on the plans to include: a. Disabled access from the public way to the main entrance of the building. b. Van accessible parking located as close as possible to the main entry. c. Path of accessibility from parking to furthest point of improvement. B-5. Obtaining Approvals and Permits. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. B-6. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. B-7. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. Prior to Issuance of Building Permit(s) B-8. Plans Require Stamp of Registered Professional. Provide appropriate stamp of a registered professional with original signature on the plans. FIRE PREVENTION General Requirements F-1. Fire Dept. Plan Review. 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. Prior to Issuance of Building Permit(s) F-2. Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. This is due to changes that occurred with walls being built within the building. F-3. Required Submittals (Fire Alarm Systems). Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. Prior to Issuance of Certificate of Occupancy F-4. Addressing. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial buildings shall have a minimum of 12 -inch numbers with suite numbers being a minimum of six inches in size (CFC Chapter 5 and Temecula City Ordinance 15.16.020). F-5. Knox Box. A "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5). F-6. File Format Requirements. A simple floor plan and plot plan as an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Contact Fire Prevention for alternative file formats that may be acceptable. POLICE DEPARTMENT General Requirements PD -1. Type 57 License. The applicant has applied for a Type 57 License (Special on Sale General). A Type 57 license authorizes the sale of beer, wine and distilled spirits, to members and guests only, for consumption on the premises where sold. Authorizes the sale of beer and wine, to members and guest only, for consumption off the licensed premises. Food Service is not required. Minors are allowed on the premises. PD -2. 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. PD -3. Ensure No Alcohol Sold to or Consumed by Person Under the Age of 21. Alcohol may be not sold to or consumed by any person under the age of 21. PD -4. 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. PD -5. Acceptable Forms of Identification. 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 25660 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. PD -6. No Alcohol Sales Between 2:00 a.m. and 6:00 a.m. 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). PD -7. 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 are 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 Officer at (951) 695-2773 to set up a training date. Training should be completed prior to the grand opening of this business and periodic updated training should be conducted when new employees/management are hired. PD -8. Inspections. 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. 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). PD -10. 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 his or her genitals or anus (Rule 143.3 CCR. Also violates sections 311.6 PC if conduct is 'obscene," e.g. intercourse, sodomy masturbation, etc.). PD -11. Loitering. The applicant shall ensure no loitering occurs on or adjacent to its premises during hours of operation. PD -12. 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. PD -13. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951)506-5131. PUBLIC WORKS DEPARTMENT No conditions.