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HomeMy WebLinkAbout17-14 PC Resolution PC RESOLUTION NO. 17-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA17-0525, A FINDING OF PUBLIC CONVENIENCE OR NECESSITY FOR ANTRO LATIN SPORTS LOUNGE, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 921.400-031) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On March 23, 2017, Alfredo Lopez filed Planning Application No. PA17- 0525 a Finding of Public Convenience or Necessity 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 June 21, 2017, 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. PA17-0525, 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, Development Code Section 17.10.020: A. Whether or not the proposed use is consistent with the General Plan and Development Code; As proposed, the Antro Latin Sports Lounge would operate as bar/nightclub permitted under a previously approved conditional use permit that is still valid due to the previous bar/nightclub business operation closing less than three years ago. Furthermore, the Uptown Temecula Specific Plan allows a bar, cocktail lounge, night club land use with a conditional use permit. B. Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses; Antro Latin Sports Lounge is proposed within an existing shopping center on a developed lot within the Uptown Center district of the Uptown Temecula Specific Plan. The adjacent land uses are commercial in nature including restaurants and offices. Therefore, 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; Antro Latin Sports Lounge is proposed within an existing shopping center on a developed lot within the Uptown Center district of the Uptown Temecula Specific Plan. The adjacent land uses are commercial in nature including restaurants and offices. Therefore, 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; The Antro Latin Sports Lounge is located in a Census Tract which ABC considers "over-concentrated" with on-sale licenses. Per ABC, three on-sale licenses are allowed in this tract, and sixty three currently exist. Therefore, a Finding of Public Convenience or Necessity is required for the Antro Latin Sports Lounge to be the sixty fourth establishment with an on-sale ABC License. The over concentration of on-sale licenses within the census tract is due to the number of restaurants within this area of the City of Temecula in Old Town Temecula and the Uptown Temecula areas. A license for the Antro Latin Sports Lounge in the census tract for a Type 48 (On Sale General — Public Premises) would not result in an excessive number of similar establishments because, according to the California Department of Alcoholic Beverage Control, it would be only the third Type 48 license within the census tract whereas restaurants operate under a Type 47 (On-Sale General) license. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Public Convenience or Necessity: 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 the Antro Latin Sports Lounge will operate in an existing building suite in a developed retail shopping center. No site expansion is proposed for the use. Conditions of Approval have been implemented to ensure the project does not cause adverse impacts to the surrounding area Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA17-0525, subject to the Findings for Public Convenience or Necessity with no conditions of approval. No other application is required. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 21st day of June, 2017. \VQ- John Telesio, Chairperson ATTEST: Lu a Watton, Director of C munity Development 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. 17-14 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 21 st day of June, 2017, by the following vote: AYES: 4 PLANNING COMMISSIONERS: GUERRIERO, TELESIO, WATTS, YOUMANS NOES: 0 PLANNING COMMISSIONERS: NONE ABSENT: 1 PLANNING COMMISSIONERS: TURLEY-TREJO ABSTAIN: 0 PLANNING COMMISSIONERS: NONE Luke Watsoh Director of Community Development Secretary EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA17-0525 Project Description: A Finding of Public Convenience or Necessity Application to allow a Type 48 license for Antro Latin Sports Lounge located at 27725 Jefferson Avenue, Suite 10 Assessor's Parcel No.: 921-400-031 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) New Street In-lieu of Fee: N/A(no new grading or additional square footage) Approval Date: June 21, 2017 Expiration Date: N/A PLANNING DIVISION Within 48 Hours of the Approval 1. Filinq 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 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. 3. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with the Uptown Temecula Specific Plan (SP#14). 4. Signage Permits. A separate building permit shall be required for all signage. 5. 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. 6. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 7. Statement of Operations. The applicant shall comply with their Statement of Operations on file with the Planning Division, unless a conflict exists between the Statement of Operations and these Conditions of Approval, in which case the Conditions of Approval control. B. Previous Conditions of Approval. All previous Conditions of Approval from PA96-0168 shall remain in full effect unless superseded herein. 9. Postinq 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. Live Entertainment. No live entertainment is permitted as part of this Public Convenience or Necessity application. Any proposed live entertainment would require a modification to the approved Conditional Use Permit or approval of a Temporary Use Permit in conformance with the Development Code. 11. Termination of Alcohol Sales. The last call indicating the termination of the sale of alcohol shall be no less than one half(1/2) hour prior to closing for all nights of operation. 12. Floor Plans. The size of the bandstand/stage and the dance floor shall be in conformance with the previously approved CUP (PA96-0168) which specifies that the bandstand/stage area shall be Tx 14' (98 square feet) and the dance floor shall be 14' x 10' (140 square feet). Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 13. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. POLICE DEPARTMENT General Requirements 14. Type 48 License. The applicant has applied for a Type 48 On-Sale General— Public Premises (Bar, Tavern) which authorizes the sale of beer and wine, and distilled spirits for consumption on the premises where sold. Minors are not allowed to enter and remain. Food service is not required. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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). 21. 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). 22. 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). 23. 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. 24. 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.) 25. 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). 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.