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HomeMy WebLinkAbout16-24 PC Resolution PC RESOLUTION NO. 16-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA16-0741, A FINDING OF PUBLIC CONVENIENCE OR NECESSITY FOR SHOOTERS SPORTS BAR AND GRILL TO OBTAIN A TYPE 40 (ON- SALE BEER) LICENSE LOCATED AT 28950 OLD TOWN FRONT STREET AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 922-120- 011) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On May 16, 2016, Bill Alden filed Planning Application No. PA16-0741 a Finding of Public Convenience or Necessity, in a manner in accordance 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 20, 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 Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA16-0741 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: Finding of Public Convenience or Necessity (Section 17.10.020) A. Whether or not the proposed use is consistent with the General Plan and Development Code. The proposed use is consistent with the City of Temecula General Plan which specifics that the Highway/Tourist Commercial designation includes commercial development oriented to the needs of tourists and entertainment centers. The Development Code allows for alcohol sales within the Highway/Tourist Commercial zone in accordance with the supplemental development standards identified in the Development Code. B. Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses. Shooters Sports Bar and Grill is an existing billiard hall located with the HighwaylTourist Commercial zone. As conditioned, the proposed use is compatible with the nature, condition and development of adjacent uses, buildings and structures, and the proposed use will not adversely affect the adjacent uses, buildings or structures. C. Whether or not the proposed use would have an adverse effect on adjacent land uses. Shooters Sports Bar and Grill is an existing billiard hall located with the Highway/Tourist Commercial zone. As conditioned, the proposed use is compatible with the nature, condition and development of adjacent uses, buildings and structures, and the proposed use will not adversely affect the adjacent uses, buildings or structures. In addition, the site will remain unaltered, and 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. The addition of the proposed use does not impact any of the site requirements. D. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity. Shooters Sports Bar and Grill is the only billiard hall located within the City of Temecula. While the Census Tract is over-concentrated with on-sale licenses, there is no other billiard halls within the city limits. Additionally, this site previously held a Type 40 (On-Sale Beer), and the previous license did not result in an excessive number of similar establishments. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Major 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 Finding of Public Convenience or Necessity for a Type 40 (On Sale Beer) license will be conducted at an existing billiard hall location. All access and public utilities are available to the site and the use 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. PA16-0741 a Finding of Public Convenience or Necessity for Shooters Sports Bar and Grill to obtain a Type 40 (On-Sale Beer) ABC license at 28950 Old Town Front Street and making a finding of exemption under the California Environmental Quality Act (CEQA) (APN 922-120-011) 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 2& day of July, 2016. Ron Guerriero, Chairperson ATTEST: Lu a atson 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. 16-24 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20th day of July, 2016, by the following vote: AYES: 3 PLANNING COMMISSIONERS: Guerriero, Telesio, Turley-Trejo NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 2 PLANNING COMMISSIONERS: Watts, Youmans ABSTAIN: 0 PLANNING COMMISSIONERS: None uke Watson Secretary EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA16-0741 Project Description: A Finding of Public Convenience or Necessity for Shooters Sports Bar and Grill to obtain a Type 40 license at 28950 Old Town Front Street Assessor's Parcel No.: 922-120-011 MSHCP Category: N/A(no new grading) DIF Category: N/A(no additional square footage) TUMF Category: N/A (no additional square footage) Quimby Category: N/A(non-residential) Approval Date: July 20, 2016 Expiration Date: July 20, 2018 PLANNING DIVISION General Requirements 1. 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 and its attorneys 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. 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. 3. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment, walls, or other structures. 4. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 5. Statement of Operations. The applicant shall comply with their Statement of Operations dated February 17, 2016, on file with the Planning Division, unless superseded by these Conditions of Approval. 6. Previous Conditions of Approval. All previous Conditions of Approval from PA99-0113 shall remain in full effect unless superseded herein. 7. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 8. 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. 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. POLICE DEPARTMENT General Requirements 10. 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. 11. 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. 12. 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 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. 13. 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). 14. 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). 15. 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.) 16. 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). 17. 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. 18. 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. 19. Public Telephones. Any public telephones located on the exterior of the building should be placed in a well-lighted, highly visible area, and installed with a "call-out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the building. 20. 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. 21. Under 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 (Sections 24200 (a) (B&P).