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HomeMy WebLinkAbout2010-06-08 CC Item No. 10CITY OF LADELSII`IOIZE DREAM EXTREMEn REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: JUNE 8, 2010 SUBJECT: CONSIDERATION OF ENFORCEMENT OF THE CITY COUNCIL'S FEBRUARY 23, 2010 REVOCATION OF CONDITIONAL USE PERMIT NO. 2008 -09, FOR LIVE MUSIC, DANCING, AND ENTERTAINMENT WITHIN DESIGNATED AREAS OF AN EXISTING BOWLING AND ENTERTAINMENT CENTER (TREVI LANES) LOCATED AT 32250 MISSION TRAIL, LAKE ELSINORE, CA 92530 Background On February 23, 2010, the City Council voted to uphold the Planning Commission's decision to revoke the CUP 2008 -09 related to live music, dancing and entertainment within a designated area of Trevi Lanes. The City Council's action was temporarily stayed in order for the parties to engage in settlement negotiations limited to a designated range of terms as directed by the City Council. Although settlement negotiations have taken place, those discussions have not led to a definitive settlement as of the preparation of this staff report. Discussion The February 23rd staff report and minutes are attached and sets forth the grounds for the revocation. Staff is prepared to answer any questions regarding the current status of the Trevi Lanes operation. Fiscal Impact None. AGENDA ITEM NO. 10 Page 1 of 163 Revocation CUP 2008 -09 June 8, 2010 Page 2 Recommendation The City Council confirm its February 23, 2010 revocation of CUP 2008 -09 based on the applicant's failure to meet the conditions to stay enforcement of the revocation. Prepared by: Barbara Zeid Leibold City Attorney Approved by: Robert A. Brady City Manager Attachments: February 23, 2010 Staff Report City Council Minutes February 23, 2010 — Item 11 Page 2 of 163 CITY OF LADE (jLSIAORE DREAM EXTREMEn REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: FEBRUARY 23, 2010 SUBJECT: APPEAL OF THE PLANNING COMMISSION ACTION RELATIVE TO THE REVOCATION OF CONDITIONAL USE PERMIT NO. 2008 -09, FOR LIVE MUSIC, DANCING, AND ENTERTAINMENT WITHIN DESIGNATED AREAS OF AN EXISTING BOWLING AND ENTERTAINMENT CENTER ( TREVI LANES) LOCATED AT 32250 MISSION TRAIL, LAKE ELSINORE, CA 92530 Background The following matrix reflects Planning Commission and City Council actions regarding Trevi operations dating back to March 2007. TREVI LANES TIMELINE AGENDA REPORTeNOf IM ". " "s"' 4 -'• ©ate cm�e m LIeS @�lrlT" BO1� xC —a' CUP No. 2007 -01 for a video arcade, Planning March 20, 2007 outdoor dining area, Commission Approved and on- premise alcohol sales. May 6, 2008 CUP 2008 -09 for Planning Approved with live music, dancing, Commission modified conditions and entertainment of approval June 10, 2008 Appeal of CUP City Council Continued 2008 -09 off calendar AGENDA REPORTeNOf IM Appeal of Revocation CUP No. 2008 -09 February 23, 2010 Page 2 On December 15, 2009, the Planning Commission conducted a six -month review of CUP 2008 -09 for live entertainment from areas of the Trevi Lanes facility. This review was ordered by the Planning Commission after the June 16, 2009 CUP modification approval of a 700 - square foot stage located in the sports bar area of the facility. Building plans have been approved and permits issued for the stage, however, no inspections have been requested as of the writing of this report. The Planning Commission directed staff to provide proper public notice and place CUP 2008 -09 for consideration at a duly noticed public hearing. On January 19, 2010, the Planning Commission, by a 3 -1 vote with one abstention, revoked CUP No. 2008 -09. The vote was as follows: Page 4 of 163 Approved with Appeal of CUP further modifications July 22, 2008 2008 -09 (continued City Council to the conditions of hearing) approval 6 -month Referred matter to review /progress Planning January 27, 2009 report of City Council Commission for CUP 2008 -09 revocation (live entertainment) consideration Suspended CUP February 17, 2009 Revocation Hearing Planning 2008 709 for a period Commission of 90 days Approved and June 16, 2009 Modification to CUP Planning directed staff to 2008 -09 (Stage in Commission return in six - months Sports Bar Area) with a status report Directed staff to 6 -month Planning return for December 15, 2009 review /progress Commission consideration of report CUP 2008 -09 CUP 2008 -09 at a duly noticed public hearing Consideration of Planning Revoked CUP January 19, 2010 CUP 2008 -09 Commission 2008 -09 (live entertainment) On December 15, 2009, the Planning Commission conducted a six -month review of CUP 2008 -09 for live entertainment from areas of the Trevi Lanes facility. This review was ordered by the Planning Commission after the June 16, 2009 CUP modification approval of a 700 - square foot stage located in the sports bar area of the facility. Building plans have been approved and permits issued for the stage, however, no inspections have been requested as of the writing of this report. The Planning Commission directed staff to provide proper public notice and place CUP 2008 -09 for consideration at a duly noticed public hearing. On January 19, 2010, the Planning Commission, by a 3 -1 vote with one abstention, revoked CUP No. 2008 -09. The vote was as follows: Page 4 of 163 Appeal of Revocation CUP No. 2008 -09 February 23, 2010 Page 3 Ayes: Chairman Flores, Commissioner Mendoza, Commissioner Zanelli Noes: Commissioner O'Neal Abstained: Vice- Chairman Gonzales On February 2, 2010, the business operator filed an appeal to the Planning Commission action (Attachment 1) with the City Clerk's office. A subsequent letter relative to this appeal was received later on the same day (February 2, 2010) requesting for the appeal to be heard at the March 23, 2010 City Council meeting. Project Location The approximately nine (9) acre property is developed with an 84,800 square foot single -story building and is located on the north side of Mission Trail Road between Diamond and Malaga Drives. The property is located within the C -2 (General Commercial) Zoning district and has a General Plan designation of General Commercial. Discussion At the January 19, 2010 meeting, the Planning Commission heard the staff report and took testimony from one resident, followed by the applicant, Michel Knight of Trevi Lanes. Mr. Knight directed several questions at Chairman Flores and also presented a power point presentation that showed police calls for service at other locations within the City as well as photographs of an incident that occurred in the front outdoor area of the Trevi facility. Meeting minutes are included with this report (Attachment 2). The January 19, 2010 Planning Commission staff report included several matrices reflecting law enforcement statistics related to Trevi and other comparable establishments within Riverside County. The January 19, 2010 Planning Commission staff report and all staff reports (including conditions of approval) related to Trevi Lanes is included as Attachment 3 to this report. A memorandum from the Chief of Police, dated February 10, 2010 discusses calls for service for additional locations within the City of Lake Elsinore in comparison to Trevi. This memorandum is included as Attachment 4 of this report. The Police Chief memorandum also includes a chart reflecting calls for service at several locations throughout Lake Elsinore from June 1, 2009 to November 20, 2009. This chart is included on the following page. Page 5 of 163 Appeal of Revocation CUP No. 2008 -09 February 23, 2010 Page 4 Turd Entertainment Center .67 Ynanms 0lise Tree .1 TheWeck .2 The Outhouse .3 Tam Del Mr .1 Sholer .2 Rusticana Italian Restaurant .6 Roadhouse Tavern .1 Pappa G's .3 Ohara's CeckWi -1 My Buddies Pim .3 Mama Br SGO .3 Lone Str Stahhouae ..2 La Palmas 4 Lake Elsinore Diamond -26 take ElsinoreCasino .17 La Unia Bakery .2 Hunnys -1 Hda A Way .5 Hell's 101chen .2 Hana Sushi -1 Guadalajara Restaurant .2 Fn Cat Tavern .2 Don Jose's .3 Coa's Restaurant .6 OWN Bach -10 Calms For Service: June 1 to November 20, 2009 0 10 20 30 40 50 60 70 Commission Deliberation Commissioner Mendoza indicated that the issue concerning the status of the CUP needed to be resolved. He also expressed concern regarding the continual reviews that were needed due to issues arising at the facility and wished that the issues could have been addressed in previous months. Commissioner O'Neal indicated that he had a concern regarding the noise complaints as he had visited the site on numerous occasions and never observed an issue regarding noise. He also explained how he felt that fines or citations should be issued if violations are observed and that the number of violations that have been noted do not require a revocation or suspension. Commissioner O'Neal also asked the Deputy City Attorney to explain what a CUP approval does for the land or landowner and what constitutional rights go along with a CUP. f ,ge 6 of 163 Appeal of Revocation CUP No. 2008 -09 February 23, 2010 Page 5 Commissioner Zanelli indicated that he could' no longer support the operation in the manner it was being conducted. He also referenced the three -year history of violations and that the City had made many efforts to work with the business operator. Vice Chair Gonzales recused himself from the dais prior to the commencement of the public hearing. Chairman Flores requested that the Deputy City Attorney answer a series of questions from the applicant. Chairman Flores also responded to the applicant's request that he recuse himself from the dais. At the conclusion of the public hearing, the Planning Commission revoked CUP 2008- 09. Conditions of Approval As noted in the January 19, 2010 staff report to the Planning Commission, most deficiencies related to adherence to the adopted conditions of approval have been addressed. However, Condition No. 7, which outlines requirements for site improvements to conform to building division plan check requirements, is still outstanding. There are two (2) items related to this condition of approval that need to be addressed. They are as follows: 1. The 700 - square foot stage within the sports bar area still does not have final building division approval. Plan check has been completed and building permits issued, however no inspections have been requested to examine the construction of the stage in order to issue a "final" on the building permit. 2. A previously approved 450 square foot meeting /party room located in the bowling alley section of the facility directly adjacent to the bowling registration /check in counter has been converted into a snack bar area. The applicant was advised that this constituted a change to the facility's approved floor plan. No building division approvals have been obtained for this change. 3. The construction of a kitchen facility directly adjacent to the "Illusions" restaurant/night club area still requires building division approval. Recent inspections did not clearly show if this kitchen area was being used, however its construction and related cooking equipment, plumbing, etc., requires permits and inspection. Recommendation The City Council has the following options: 1. Uphold the Planning Commission's decision to revoke Conditional Use Permit No. - Page 7 of 163 Appeal of Revocation CUP No. 2008 -09 February 23, 2010 Page 6 2. Consider the appeal and overturn the Planning Commission's decision to revoke Conditional Use Permit No. 2008 -09. 3. Suspend or modify Conditional Use Permit No. 2008 -09 4. Continue the item to either a date certain or off calendar. Prepared by: Tom Weiner Director of Community Development Approved by: Robert A., Brady City Manager Attachments 1. Appeal Form and Extension /Continuance Request 2. Planning Commission Meeting Minutes January 19, 2010 3. Memo From Police Chief dated February 2, 2010 4. City Council and Planning Commission Staff Reports and Conditions of Approval for Trevi Lanes from March 20, 2007 through January 19, 2010. Exhibit Floor Plan Page 8 of 163 Regular City Council Meeting February 23, 2010 Page 5 of 16 f. Release all retention monies 35 -days after the filing of the Notice of Completion. APPEAL(S) At the request of Mayor Melendez, Item No. 11 was moved forward. 11. Appeal of the Planning Commission Action relative to the Revocation of Conditional Use Permit No. 2008 -09. for Live Music Dancing and Entertainment Recommendation: 1. Uphold the Planning Commission's decision to revoke Conditional Use Permit No. 2008 -09; 2. Consider the appeal and overturn the Planning commission's decision to revoke Conditional Use Permit No. 2008 -09; 3. Suspend or modify Conditional Use Permit No. 2008 -09; 4. Continue the item to either a date certain or off calendar Mayor Melendez opened the Appeal at 7:13 p.m. Mayor Melendez introduced the item and indicated the applicant requested to continue this item until March 23, 2010. Public Works Director /City Engineer Seumalo provided an overview of the project to the Council. Council Member Hickman noted in light of all the election activity he supports the continuance. It was moved by Council Member Hickman to have Appeal of the Planning Commission Action relative to the Revocation of Conditional Use Permit No. 2008 -09, for Live Music, Dancing, and Entertainment within Designated Areas of an Existing Bowling and entertainment Center (Trevi Lanes) continued to March 23, 2010. Motion died for lack of second. Director of Community Development Weiner provided a reading of the staff report to the City Council. Mayor Melendez asked if a representative for the applicant was available to speak. Page 8a of 163 Regular City Council Meeting Page 6 of 16 February 23, 2010 Director of Community Development Weiner advised the Council that he was not present. Mayor Melendez advised the Council that there has not been any written correspondence which needed to be entered into the record. Mayor Melendez asked City Clerk Cowley if anyone has requested to speak either in favor or against the appeal. City Clerk Cowley advised the Mayor that there were no requests to speak. Mayor Melendez closed the Appeal at 7:11 p.m. and brought the discussion back to the dais for Council comments. Mayor Melendez asked Police Chief Cleary, if under the Conditions of Approval Trevi Entertainment agreed to notify the Police Department if there were going to be any activities with significant attendance. Police Chief Cleary confirmed by saying "Yes ". Mayor Melendez noted on July 5, 2009, during the probation period a burlesque show was schedule and asked Police Chief Cleary to confirm. Police Chief Cleary confirmed a burlesque show was advertised on the Internet, however, he could not confirm if the show actually took place. Mayor Melendez went over several dates where the Police Department was not notified of events that were to take place at the entertainment center. Police Chief Cleary confirmed the information was correct. Mayor Melendez pointed out the stage issues which had been constructed but never inspected and asked Police Chief Cleary to comment regarding the serving of alcohol to a minor. Police Chief Cleary explained to Council that the Police Department had participated in an Alcohol and Beverage Decoy Program at many of the bars in the City, and out of all of the establishments that were listed; the only place that sold liquor to a minor was Trevi Lanes. Mayor Melendez asked Director of Community Development Weiner if any of the discrepancies have been resolved. Director of Community Development Weiner replied there are still three outstanding items. Page 8b of 163 Regular City Council Meeting February 23, 2010 Page 7 of 16 Mayor Melendez indicated her main concerns; are having a building permit yet no inspection were conducted, and the Police service calls that were required. Therefore she supports the Planning Commission's decision to revoke the Conditional Use Permit. Council Member Magee addressed this issue by providing a brief history of what has transpired since July 2007, indicating the company came forward with a vision to bring an old vacant building back to life. The City allowed the company to open its doors before the entire facility had been completed. Issuing in essence, a partial Certificate of Occupancy in order for the owners to begin to recognize some needed cash flow to off set the significant monetary investment they injected into the facility. The Council did this to help and assist the business because it is important to promote and support an investment in this community. He mentioned receiving a plaque from Trevi Entertainment Center in appreciation for his help and support in the opening of the center and expressed his pride in receiving that plaque. But with the assistance and support, comes an obligation to the public to ensure their safety and protect their treasurers. The facility sought to expand its uses to include live entertainment, additional permits, restrictions and requirements were placed on the operators, and it is the compliance with or adherence to these rules where the City has had issues. Sadly these issues have placed the City and the facility operator at odds over the past two years and that pressure has certainly been increasing over the last few weeks and months. Council Member Magee shared that one of the Planning Commissioners used the current set of circumstances as two trains heading towards each other on the same set of tracks. That scenario usually ends badly. He informed Council and the audience that he has gone back through all of the meetings minutes for each of the many hearings involving this CUP in hopes of gaining some sort of perspective and focus on where we have been, how we got to this point and how we can avoid a train wreck. On July 22, 2008 the applicant's attorney indicated that he concurred with all of the proposed conditions and that his client was in agreement. At the hearing I requested that the operator comply with all of the conditions of approval and that I was taking a leap of faith at which the applicant's attorney promised that there would be no violations. But violations had occurred and City staff has noted them and has worked with the applicant to rectify them. Last year the major issues of concern dealt with the pad locking of exit doors, proper notification of large events, adequate security staffing and video surveillance monitoring. Other issues included the construction and use of un- permitted structures. Uniform Building Codes is a set of standards adopted nation wide to ensure that the public safety and the construction, renovation and modification to buildings are maintained. It is a comprehensive set of standards that must be enforced in order to keep the public safe. Anything that a human being is going to be on or under or being served food from, must comply with these standards. The facility has constructed a stage, snack bar and a kitchen without first securing a building permit to ensure compliance with the Uniform Building Code. In order to ensure compliance and the public's continued safety these structures must be permitted, inspected and finaled Page 8c of 163 Regular City Council Meeting Page 8 of 16 February 23, 2010 or removed. The applicant has made significant progress on the stage, but the final inspection and clearance is still lacking. A major area of concern is centered on the pad locking of emergency exit doors. This practice is not acceptable and at the assistance of our Fire Chief, the locked doors have been corrected. At the Planning Commission meeting of December 15, 2009, the Fire Chief indicated all other violations had been cleared. There is the issue of security and the strain on law enforcement services at this place of business. At the last Planning Commission meeting held on January 19, 2010 the Police Chief advised the Commissioner's that he did not have a problem with the hosting of events, as long as the applicant provides the department with the required two week written notice of such events and that adequate security levels approved by the Sheriffs Department are maintained. All these issues can be mitigated through careful and thoughtful compliance with the rules and regulations and conditions of approval placed upon this use. Again, turning to the December 15, 2009 meeting, Mr. Knight advised the Planning Commissioners that he disliked the nightclubs and that he was trying to turn the nightclub area into a sports center. He then went on to advise the Commissioners that this transition would take almost a year. Rather than focus on our many differences with respect to the various issues, we currently find ourselves embroiled in, let's try to build some things that we can agree on and the first one is that I believe everyone including Mr. Knight would like to see this ultimately come to an end. This conclusion however, must take into consideration the public's safety as well as certain business realities. So I would propose an exit strategy where the applicant may continue to operate in compliance with the existing permit for a limited amount of time while he transitions this space into a new use. Therefore I would like to make a motion that we modify CUP 2008 -09 as follows: All existing un- permitted structures must be permitted, inspected and finaled or removed, no later than April 1, 2010. All future modifications to the building must receive a building permit issued by the Department of Building and Safety before any physical work is preformed. All existing conditions of approval for both CUPS (that's 2007 -01 and 2008 -09) shall remain in full force and effect. Inspections may be made at this facility at the time and frequency deemed appropriate by City staff. Failure to comply with any condition of approval may result in immediate revocation of the live entertainment permit as determined by City staff. The applicant would agree to enter into a settlement agreement with the City dismissing the current pending litigation and waiving all rights to pursue any new civil litigation against the City of Lake Elsinore, and then the live entertainment permit and use would expire on September 30, 2010. Council Member Hickman asked Director of Community Development Weiner if April 1, 2010 would give plenty of time for the applicant to get everything approved. Director of Community Development Weiner replied by saying there are three main issues; the stage which is in the final stages needs to be inspected and approved; a meeting or party room adjacent to the check -in counter which was converted into a snack bar; and lastly the equipment in the kitchen that had not been approved. Page 8d of 163 Regular City Council Meeting Page 9 of 16 February 23, 2010 Council Member Hickman pointed out that the applicant is currently out of the country, and felt that April 1, 2010 was not enough time for the applicant to complete all necessary requirements. Mayor Melendez indicated Mr. Knight has been given ample time to correct the issues that exists within his business. Council Member Buckley pointed out that it does not matter if the applicant is present or not, if he cares about his business he will make the time. He asked Council Member Magee if he would consider amending his motion to include revocation of the CUP should the applicant not agree to the conditions set forth, by March 9, 2010. Council Member Magee replied by saying there are standard practices on Conditions of Approval which the applicant would need to sign an acknowledgment that he agrees to the Conditions set forth. He stated it does concern him that the applicant is not present; however, he stated he would be willing to extend it for thirty days, say up to March 23, 2010. Mayor Pro Tern Bhutta concurred with Council Member Magee's motion to work with the applicant. She indicated she has concerns with the violations and noted there has been a reduction in service calls. She noted there are still three issues outstanding and the applicant has been given sufficient time to resolve; and therefore she would support Council Member Magee's motion. Council Member Buckley asked if the motion would include the modification of, if not agreed to by March 23, 2010 then the Planning Commission's decision would be upheld. Council Member Hickman asked if all of the permits and inspection are to be completed by March 23, 2010, or does it mean he must agree to everything by March 23, 2010 to eliminate the lawsuits. Council Member Magee replied by saying it would be for all of the modifications including the need for either permits or removal of structures that do not currently have permits. Council Member Hickman asked staff how long it would take to issue a permit. Director of Community Development Weiner stated it should take one or two inspections assuming there are no issues; and it could take a week. He stated the kitchen is different as there are many different items to inspect. Council Member Hickman noted the applicant is out of the country and he has no idea when he would return. Page 8e of 163 Regular City Council Meeting Page 10 of 16 February 23, 2010 Mayor Melendez indicated that the applicant filed the appeal and knew the appeal was coming forward. He just chose not to be here. City Attorney Leibold stated she believes the applicant has consultants and planners who have been submitting plans on his behalf. Council Member Hickman asked Director of Community Development Weiner if he knew of a way to get in touch with his consultant. Director of Community Development Weiner replied by saying staff has been in contact with the person who sends his submittals for building plan check and staff can inform them of what is required. Director of Community Development Weiner stated the Conditions of Approval for both Conditional Use Permits indicated that the facility must maintain an approved floor plan at all times. He stated, when the floor plan changes without the Building Division's approval, it is a violation of that Condition. Mayor Melendez asked if Council Member Magee's motion is a good faith effort to give the applicant one final chance. Council Member Magee replied by saying it is a modification that reminds him and the City that the use can continue as long as he maintains compliance with the City Standards and regulations for both Conditional Use Permits. It also would ensure that the existing lawsuit would go away, that additional lawsuits as threatened in the public would not raise their head and that the permit would expire and the ongoing hearing continuance, revocation, etc stops and what ever new use that the operator has indicated. This would then take the politics out of this Conditional Use Permit, allow the applicant time to make some business decisions. If he is not using the kitchen in the rear, take it out. If he wants to maintain it, have his engineer submit a set of "as built" plans and submit them to city staff for review and approval. So it is a modification to the existing Conditional Use Permit not an extension. Mayor Melendez pointed out that five of these points are already required and asked the City Attorney if dismissing the current pending litigation and waiving all rights to pursue a new litigation is acceptable. City Attorney Leibold responded by saying should Mr. Knight release the City with respect to any existing or threaten any litigation with relation to the property, Conditional Use Permit or this project, we would have a full release, but it is a negotiation point. Mayor Melendez asked Council Member Magee if he wished to amend his original motion. Page 8f of 163 Regular City Council Meeting February 23, 2010 Page 11 of 16 Council Member Magee added item number seven to his motion to include; direct the City Attorney to draft an agreement reflecting these six points, send it to the applicant (on whatever means deemed appropriate) and that the direction be given that the agreement be entered into or on before March 23, 2010 in order for it to be valid, absent a response in the affirmative then the revocation as put forth by the Planning Commission would take effect. It was moved by Council Member Magee and seconded by Mayor Pro Tern Bhutta that all existing un- permitted structures be permitted, inspected and finaled or removed, no later than April 1, 2010. All future modifications to the building must receive a building permit issued by the Department of Building and Safety before any physical work is preformed. All existing conditions of approval for both CUPS (2007 -01 and 2008 -09) shall remain in full force and effect. Inspections may be made at this facility at the time and frequency deemed appropriate by City staff. Failure to comply with any condition of approval may result in immediate revocation of the live entertainment permit as determined by City staff. The applicant would agree to enter into a settlement agreement with the City dismissing the current pending litigation and waiving all rights to pursue any new civil litigation against the City of Lake Elsinore, and then the live entertainment permit and use would expire on September 30, 2010 and direct the City Attorney to draft an agreement reflecting these six points, send it to the applicant (on whatever means deemed appropriate) and that direction be given that the agreement be entered into on or before March 23, 2010 in order for it to be valid, absent a response in the affirmative then the revocation as put forth by the Planning Commission would take effect. The motion unanimously carried by the following vote: Ayes: Council Members: Buckley, Hickman, and Magee, Mayor Pro Tem Bhutta and Mayor Melendez. Noes: None Council Member Buckley requested to leave the meeting at 7:46 p.m. PUBLIC HEARING(S) 10. Resolution Determining the Validity of Prior Proceedings relating to the Establishment of City of Lake Elsinore Community Facilities District No 2009 -1 (Parks Open Space and Street Lighting Maintenance): Call a Special Election; Canvass Election Results: Authorizing Lew of Special Taxes for CFD 2009 -01 Recommendation: 1. Open the Public Hearing and take testimony; 2. Adopt Resolution No. 2010 -007 determining the validity of prior proceedings relating to the formation of City of Lake Elsinore Community Facilities District No. 2009 -01 (Parks, Open Space and Street Lighting Maintenance); Page 8g of 163 CITY OF ink LADE LSIAOIZE ?` DREAM EXTREME - City Clerk's Office 130 S. Main Street, Lake Elsinore, CA (951) 674 -3124, Ext. 269 r F OroF Oro For Received: Received By: ATTACHMENT FEB 0 2 RECD CLERKS OFFICE Date Fee Paid: A&410/0 APPEAL OF PLANNING COMMISSION ACTION FORM lo- Policy 100 -8: The purpose of this Policy is to provide a standardized procedure for consideration of appeals from Planning Commission decisions. Within 15 days of a Planning Commission decision, any person may appeal a decision to the City Council by filing this form and submitting a $200 fee. A copy of this policy is attached with further important information. nt Information Name: N Ct / &c XM -,) -17— Date: ;?11116 Mailing Address: 32,2Sa /✓1 /55 /ow T2�Ii City: LATE BLS /voiZE Phone No.: (95 /) State: CA Fax No.: Zip Code: ci?S3 r�,_ Subject of Appeal Information Subject of Appeal: 7-,12c-ui CE107-E/? Project No.(s): C'OP N°- x008 -09 Project Applicant: /MiC /�t-/. 65.c/6l2,/yr Project Location: 3,2,2 SO n? /ss/ " 71-,q ZAXc ,cr 51A,- >yzE « 9a 3C) Date of Planning Commission Action: TD 60 O C Y ca)NC /C /�f1 /E OF P(AO�u /N�y I, the undersigned, hereby appeal the above action of approval /denial by the Lake Elsinore Planning Commission, for the following reasons: (Please cite specific action being appealed.) Attach additional pages as needed. T%%EU! �tiTE/!7/��uM NT L/Hb NO OyT 7- i9 —ZVx-r, ii/OcA7i 9 02 r12E V/0 LA7ZO,,U /95 TT /.v1,Z 5T/g7�i7 /N Tf /E D CE/yll� �DO �j iQf)NG /L 1� T /iY'G -� %iiF/2E /5 ,c�0 NIF2 /T ;t'OY✓ TIiF pE f zQ" 7 &fJT A5 /VP or- A44, „i o.v H moray Cy�h ao�o f�5 .7T 6Lz)9 5 nlr PCX17/C/DLr Y M07'/r/192T1Q Signature: v Page 9 of 163 February 2, 2010 Lake Elsinore Planning Commission Members City Staff 130 South Main Street Lake Elsinore, CA 92530 Subject: Conditional Use Permit No. 2008.09 Dear Lake Elsinore Staff. Trevi Entertainment would like to request an extension to attend the appeal for the planning commission decision made on January 19, 2010 to the date of March 23, 2010 due to overseas traveling commitments. If you have any questions, please contact me at 951-674- 6080 Sincerely, Michel Knight Business Owner C= Tom Weiner, Director of Community Development Planning Commission Members City Staff Page 10 of 163 Attachment 2 MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, JANUARY 19, 2010 CALL TO ORDER Chairman Flores called the meeting to order at 6:05 p.m. PLEDGE OF ALLEGIANCE Vice -Chair Gonzales led the Pledge of Allegiance. ROLL CALL PRESENT: CHAIRMAN FLORES VICE - CHAIRMAN GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL COMMISSIONER ZANELLI ABSENT: NONE STAFF PRESENT Also present were: Director of Community Development Weiner, Deputy City Attorney Winterswyk, Public Works Director /City Engineer Seumalo, Police Chief Cleary, Building & Safety /Code Enforcement Manager Chipman, RDA Analyst Carlson, and Office Specialist Porche. PUBLIC COMMENTS None. CONSENT CALENDAR ITEM(S) 1. Approval of Planning Minutes Recommendation: Approve the following Minute(s): a. December 15, 2009 Regular Planning Commission Minutes Page 11 of 163 Planning Commission Meeting January 19, 2010 MOTION was made by Commissioner O'Neal and seconded by Commissioner Zanelli to approve the December 15, 2009 Regular Planning Commission Minutes. AYES: CHAIRMAN FLORES VICE - CHAIRMAN GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE PUBLIC HEARING ITEM(S) 2. Consideration of Modification. Suspension and /or Revocation of Conditional Use Permit No. 2008 -09 for Live Music Dancing and Entertainment within the Restaurant of an Existing Bowling and Entertainment Center ( Trevi Lanes) located at 32250 Mission Trail, Lake Elsinore Recommendation: Direct staff as deemed appropriate. Chairman Flores opened the Public Hearing at 6:10 p.m. Due to conflict of interest, Vice -Chair Gonzales recused himself at 6:06 p.m. Chairman Flores accepted his request and asked for the reading of the staff report. Director of Community Development Weiner provided an overview of Conditional Use Permit No. 2008 -09. He stated the staff report contains a time -line of the different actions taken by the Planning Commission and the City Council dating back to March 20, 2007. He noted the item came before the Planning Commission on December 15, 2009 as a six -month review and a previous CUP approval in June 2009. He stated there are several options the Planning Commission may consider. Chairman Flores requested the applicant to approach the podium. Michel Knight operator /owner of Trevi Entertainment Center introduced himself to the Planning Commission. Chairman Flores requested any speakers to address the Commission that is in favor of the project. Daryl Hickman, resident of Lake Elsinore spoke in favor of the project. He noted his concerns for the economy and noted Trevi Entertainment puts thousands of dollars Page 12 of 163 Planning Commission Meeting January 19, 2010 into the City's General Fund. He noted the numerous police service calls that were reported and pointed out that Target and Wal -mart have more service calls than Trevi. He stated the issues with Trevi Entertainment has been going on too long and would like to see them resolved. Chairman Flores asked if anyone else wished to speak in favor of the project. There being no further requests to speak, Chairman Flores asked if anyone wished to speak against the project. Office Specialist Porche advised Chairman Flores of a letter of opposition that was received by Danielle Rice which was read into the record. Chairman Flores closed the Public Hearing at 6:15 p.m. and brought the discussion back to the dais for Commissioner's comments. Commissioner Mendoza agreed with Daryl Hickman's comments that something needs to be resolved. He stated he was glad that he pointed out the differences in calls however pointed out that Wal -mart is open 24 hours a day, 7 days a week. He stated there is spirit of the law and letter of the law, and the Planning Commission has granted him spirit of the law for three years now. He stated he used to be one of Trevi's biggest fans but it seems as though Trevi always comes back with something else going on. Every time he gets up to speak to the Planning Commission, he shows not one ounce of remorse and blames everyone and everything that goes wrong with the project. He wished these issues would have been resolved six - months ago, but unfortunately it hasn't. Commissioner O'Neal expressed to the audience that he runs an insurance company and is familiar with risk management. He noted it is the responsibility of an insurance company to inspect the premises. He stated he has made numerous visits to Trevi and has verified the music cannot be heard outside. He stated he has a problem with the complaints of the noise. He stated there have been times when Mr. Knight has not complied with the requirements and stated he has stressed to the City and staff that he should be fined for the violations, which do not warrant revocation of the CUP. He requested the Deputy City Attorney to explain what the CUP does for the land and landowner. Deputy City Attorney Winterswyk stated if a property owner filed an application for a CUP, from the time the application is filed until the time the final approving body either approves or denies the CUP the property owner is deemed to have a small interest in the CUP. Once the CUP has been approved the interest becomes significant. Property owners have what is known as a vested right. In order for the City to be justified in taking action adverse to that vested right, the City must act reasonably and must act in accordance with the standards that are set forth in the City's Municipal Code. She stated the government code does not establish a set of criteria by which a city must evaluate a CUP or the possibility of revocation of the CUP. Instead, the government code leaves the policy making and regulation up to Page 13 of 163 Planning Commission Meeting January 19, 2010 the City to establish, which is how we look to our Municipal Code for the standards that we use in evaluating CUP's for both issuance and or suspension. Commissioner O'Neal asked if a number of constitutional rights go along with the CUP, such as equal protection. Deputy City Attorney Winterswyk replied by saying perhaps, it depends on the facts and circumstances of each particular case. Commissioner O'Neal stated that based on his experience as a risk management individual, he doesn't see the problems that others see and doesn't believe that the number or violations that are presented arise to having the CUP revoked or suspended. Commissioner Zanelli pointed out there has been a three -year history of continued violations regarding the building and fire codes. He stated the City has made many efforts to work with the applicant and yet he has continued to decide that the City's codes do not matter to him. He stated he does not want to risk having someone die because of a locked door and because of that he can no longer support the operation in the way it is being conducted. Chairman Flores asked Director of Community Development Weiner if the stage area includes dancing and live entertainment. Director of Community Development Weiner replied by saying the sports bar area includes dancing and live entertainment which was included in the CUP. Chairman Flores requested the applicant to approach the podium. Michel Knight addressed his concerns to Commissioner Zanelli including the CUP was only 1 '/z years old and not three years as mentioned and feels that he (Commissioner Zanelli) has already made up his mind regardless of what he said. He pointed out to the Commission that he was required to have sprinkler systems yet the City's Cultural Center does not. He advised the Commission of the area that was locked at his facility was a storage area and contained only storage materials. He asked a series of questions to Chairman Flores. Deputy City Attorney Winterswyk answered on his behalf. They are as follows; Michel Knight asked if Chairman Flores is chairman of the committee and a public official within the meaning of the rules. Deputy City Attorney Winterswyk replied by saying, if you are referring to the Political Reform Act and the regulations that apply to the Political Reform Act then the answer is "yes." Michel Knight asked if Chairman Flores is participating, making or influencing a government decision. Page 14 of 163 I Planning Commission Meeting January 19, 2010 Deputy City Attorney Winterswyk replied by saying, if you are referring to the Political Reform Act and the. regulations that apply to the Political Reform Act then the answer is "yes." . Michel Knight asked what are Chairman Flores's economical interests and the possible financial conflicts of interest with the applicant, such as a business investment, real property or sources of income. Deputy City Attorney Winterswyk replied by saying he has no financial sources of income from the applicant. Michel Knight stated that Chairman Flores has two businesses in the City one of which is known as Las Palmas Restaurant. He stated the same DJ that plays there at the restaurant also plays at Trevi. He asked for copies of the CUP for Las Palmas live entertainment and was told there was never one issued. He stated Chairman Flores has a conflict of interest because he is a direct competitor. Chairman Flores asked Mr. Knight if he was including restaurants along Main Street that play music, or was he just singled out. Michel Knight replied by saying those are coming up. He stated he is tired of being the entertainment of newspapers and is being very straightforward about it. He spoke of Chairman Flores business property and how he has conducted improvements at the Las Palmas II Restaurant which is only two- blocks from his business. He quoted California Government Codes Sections 87100 which discusses financial interest of a government official and requested Chairman Flores to recuse himself. Chairman Flores asked the Deputy City Attorney Winterswyk to speak on his behalf. Deputy City Attorney Winterswyk responded to Michel Knight's reading of California Government Code Section 1090 regarding the conflicts of interest which arise as a result of a contract that a public body enters into where the public official has an interest in the contract that is entered into. She stated Section 1090 does not apply to this case before the Commission because the Commission is not considering entering into a contract with Mr. Knight or with Trevi Entertainment. The item that is before the Commission is a CUP which is a license to operate a business and not a contract within the meaning of Section 1090. She stated she spoke with Chairman Flores before the meeting about any potential conflict of interest and concluded that there is no financial conflict of interest that would require Chairman Flores to either disclose the interest or to disqualify him from consideration of the item before the Commission. The way that Mr. Knight has categorized conflicts of interest is not entirely accurate. Conflicts of Interest do not arise as a result of business competition or business conflict. Conflicts of Interest arise based on business investments, as a result of income, results of gifts, or results of real property Page 15 of 163 Planning Commission Meeting January 19, 2010 interests, of which none of those interests are at issue here. She stated the closest factual situation which could possibly have lead to some question about a conflict of interest.was the notion of a birthday party that was held at Las Palmas Restaurant and it was determined that it was not an interest that rose to the level of a conflict of interest. She stated, based on the discussion with the City Attorney's office Chairman Flores will not recuse himself. Michel Knight stated that he hopes that Chairman Flores received correct advice because he stated he has four conflicts of interest and his attorney would proceed with the matter and asked him again to recuse himself. Chairman Flores replied by saying, "No sir, I'm not." Michel Knight advised the Commission that he would like to show a video of a recent birthday party held at Las Palmas Restaurant which is currently shown on Youtube.com. Commissioner Mendoza asked Deputy City Attorney Winterswyk if this was relevant to the CUP before the Commission. Deputy City Attorney Winterswyk stated the Brown Act requires the Commission consider evidence and information that is relevant only to the item that is agenized. She reminded the Commission that the item that was agenized is the consideration of modification of CUP No. 2008 -09. Therefore, this does not involve Las Palmas Restaurant. Michel Knight stated not a problem, he would not discuss anything about Las Palmas Restaurant, and it will be at another meeting. Michel Knight handed out a copy of his PowerPoint presentation titled Trevi Entertainment Center CUP No. 2008 -09 Lake Elsinore Police Report Statistics which was entered into the record. Commissioner O'Neal requested a recess in order to review the recent material Mr. Knight handed to the Commission. Chairman Flores called for a recess at 6:48 p.m. Chairman Flores called the meeting back to order at 6:53 p.m. and requested Mr. Knight to continue with this presentation. Michel Knight provided a PowerPoint presentation to the Planning Commission which provided data regarding police service calls. He discussed establishments in Lake Elsinore that had police reports taken from June to December 2009 based on the Riverside County Sheriff Department Data and noted the Bikini Beach Club came in at 10% where his business came in at 8 %. He asked why they (Bikini Page 16 of 163 Planning Commission Meeting January 19, 2010 Beach Club) have not had to come before the Planning Commission and stated he does not believe that he is here because Trevi is a threat but because it is politically motivated for the past year. He showed pictures to the Commission of three under age children which he had to call the police department to report for intoxication. He questioned why this would be included into the statistics for saving a child whose life was in danger. Chairman Flores pointed out to Mr. Knight if he would like to read into the record the last page of his presentation which discussed other political reasons. Michel Knight stated the CUP entertainment permit has been used as a political arm - twisting against Trevi ownership by several members of City Council, and a member of the Planning Commission (pointing to Chairman Flores) who have discussed and voted on the CUP concerning Trevi in violation of Califomia Government Code Section 87100 and California Government Code Section 87105 when he should have recused himself from attending any meeting regarding the Trevi issue. Commissioner O'Neal asked Mr. Knight how many times did he have to report an incident to the Police Department such as the one mentioned earlier where someone may have been affected by alcohol or drugs, and the incident could be life threatening. Michel Knight replied by saying he does not have an exact number but it is very clear in Police Chief Cleary's report regarding the nature of the incident. From the 111 police reports filed between June and December 2009, eight (8) merited a report. Chairman Flores requested a recess at 7:08 p.m. Chairman Flores called the meeting back to order at 7:10 p.m. and requested if there were any additional comments from the Commission. Commissioner Mendoza asked if any of the other establishments that Mr. Knight had mentioned were up for a review by the Planning Commission. Director of Community Development Weiner replied by saying there are certain establishments in Lake Elsinore that are legal non - conforming, however there aren't any that are under any type of periodic review. He stated the establishments that have a CUP could come before the Commission should issues or code violations arise. Commissioner Zanelli asked if Police Chief Cleary would like to add any information. Police Chief Cleary stated the department has tried to separate the costs of service calls. He pointed out that most cities in the report are larger than the City of Lake Elsinore and in terms of a ratio there is a higher impact on the law enforcement Page 17 of 163 Planning Commission Meeting January 19, 2010 because of the size of the Police Department. He stated the assessment of the problems has been identified. He does not have any problem with Mr. Knight hosting events, but does have a problem with him hosting events and not providing, as he promised to do, the level of security and notification to the Police Department. Chairman Flores asked if the Commission has any other comments. There being no further comments, Chairman Flores called for a motion. MOTION was made by Commissioner Zanelli and seconded by Commissioner Mendoza to revoke CUP No. 2008 -09. AYES: CHAIRMAN FLORES COMMISSIONER MENDOZA COMMISSIONER ZANELLI NOES: COMMISSIONER O'NEAL ABSTAINED: VICE - CHAIRMAN GONZALES ABSENT: NONE Deputy City Attorney Winterswyk explained to the applicant the procedures of filing an appeal and the filing period. Vice -Chair Gonzales returned to the dais at 7:17 p.m. BUSINESS ITEM(S) None STAFF COMMENTS Public Works Director /City Engineer Seumalo commented on the following: • He spoke of the Capital Improvement Project known as the Machado Park Restroom Renovation is underway and expects the project to be completed within a few weeks. • He spoke of Lakeshore Drive paving, which has been stalled due to weather conditions however half of the streets have been paved and staff is moving forward. • He addressed the recent storm activity and noted staff crews have been out cleaning, sandbagging and repairing since Sunday. He stated there has been significant tree related damage which has been cut down and moved to the side of the road. He provided his phone number to the Commission to be used in the event something needs attention. Page 18 of 163 Planning Commission Meeting January 19, 2010 Director of Community Development Weiner commented on the following: • No comments. PLANNING COMMISSIONER'S COMMENTS Chairman Flores commented on the following: • He thanked Chief Cleary for his report. "He stated his report is what he based his issue regarding public safety." He stated he had the opportunity to review a prior CUP. He stated through the modifications and the continuance of non compliance, the police report brought forth the most important issue in the community and that is public safety. Vice - Chairman Gonzales commented on the following: • He spoke of the steps leading to the Cultural Center that needs to be repaired. Public Works Director /City Engineer Seumalo stated he would advise Parks and Recreation Director Pat Kilroy of the situation, however he stated he would put a temporary patch on the steps in the interim. Commissioner Mendoza commented on the following: • He thanked Building and Safety/Code Enforcement Manager Chipman and Police Chief Cleary for attending the meeting. • He spoke of the grading taking place at La Strada and clarified that the grading should cease on January 26, 2010. Public Works Director /City Engineer Seumalo stated staff is moving forward with the environmental investigation and it is being requested to have the City Council extend the grading until the investigation has been completed. Commissioner Mendoza asked if the developer /owner would be responsible for grading the dirt road when they have completed their project. Public Works Director /City Engineer Seumalo stated he will speak with the Engineering Inspectors to verify that the road is maintained and that it can service emergency vehicles. Commissioner O'Neal commented on the following: • He spoke of the issues with traffic at the Terra Cotta Middle School. Public Works Director /City Engineer Seumalo stated he has addressed the issues with the City's Traffic Engineer. The Traffic Engineer observed the issue and is trying to hold a meeting with the Principal of the middle school before staff takes any action. • He asked of the progress at Gunnerson and Riverside Drive. Public Works Director /City Engineer Seumalo replied by saying staff is aware of the issues and they continue to research funding. He stated Councilmember Magee spoke with State Assemblymen Jefferies office and they had CalTrans move on the Page 19 of 163 Planning Commission Meeting January 19, 2010 relinquishment. The CalTrans District Director stated they have considered the section between 1 -15 and Ortega. He thanked Deputy City Attorney Winterswyk for all her work with the Trevi matter. Commissioner Zanelli commented on the following: He thanked staff for their help with all the issues with Trevi. He stated he has spent 27 years working in the emergency services and this area that was discussed is a pet -peeve of his. He stated he may have seemed harsh in his motion to revoke however, the applicant has repeatedly demonstrated his word doesn't carry a lot of weight. Should the applicant appeal, the City Council will decide what to do and hopes they make the right decision. ADJOURNMENT It was the consensus of the Commission to adjourn to the February 2, 2010, Regular Planning Commission meeting at 6:00 p.m, located at 183 N. Main Street, Lake Elsinore, CA. 92530. Chairman Flores adjourned the meeting at 7:28 p.m. JIMMY FLORES CHAIRMAN Respectfully Submitted, Q Z DANA PORCHE OFFICE SPECIALIST III ATTEST: 94� U� TOM WEINER DIRECTOR OF COMMUNITY DEVELOPMENT Page 20 of 163 CITY Of �� LADE ( LSINORE POLICE DEPARTMENT February 10, 2010 Bob Brady Lake Elsinore City Manager Subiect: Trevi Entertainment Anneal — Discussion Item ATTACHMENT 3 Trevi Appeal — February 2010 At the request of Mayor Melendez, we were asked to provide the quantity of calls for service at other locations within the Lake Elsinore region for comparison with the Trevi Entertainment Center. We limited our scope to restaurants and bars in and around the City of Lake Elsinore in possession of an Alcoholic Beverage Control license. The time period for this information is from June 1, 2009 through November 30, 2009. The source of this data is the Riverside County Sheriff's Department. The locations listed had at least one call for service during the listed period. Those locations without a call for service are not listed. We have not evaluated the "quality" or nature of the calls for service, as we have done previously when discussing the Trevi Entertainment Center. These are "raw" numbers. Law enforcement responds to a broad spectrum of events, and a healthy percentage of law enforcement activity is not related to criminal activity. For example, many of our calls for service are for reasons such as, public assists, civil issues, medical aid, lost or found property, keeping the peace, minor disputes, and missing or found persons, to name a few. In short, the nature of the call for service could be anything. I remind all, that the focus of our recommendation regarding the Trevi Entertainment Center is not the number of calls for service. Our focus has been the nature of the calls and scope of law enforcement response that might have been avoided had there b(= a demonstrated and consistent commitment from Trevi management to comply with the terms o f the Conditional Use Permit under appeal. fof Poi oCh Attachment: Calls for Service Chart LMU ELSINORE POLICE & SHERIFF'S STATION 333 LIMITED AVENUE i LAKE ELSINORE., CA 92530 qw WWW.RMRSIDESHERIFEORG ` '- 951.245.3330 - r. Page 21 of 163 LAKE ELSINORE STATION 333 Limited Avenue, Lake Elsinore, CA 92530 Inter - Departmental Memorandum To: Bob Brady, Lake Elsinore City Manager From: Captain J. Cleary Subject: Compartive Analysis of Business with ABC Licenses: Venue File Number Date Tvpe 1. Arrivederci Roma N/A N/A N/A 2. Big Jim's Grill N/A 3. Bikini Beach Club L091610100 L091810076 L091850014 L091920110 L091960060 L092330108 L092380012 L092470055 L092680010 L092870069 4. Casa Del Lago N/A 5. China Buffet L091580046 L091730052 L092220070 L092380008 L092860025 6.Coco's L091680001 L092810083 L092890105 L092990050 L093130085 L092740054 N/A 06/10/09 06/30/09 07/04/09 07/11/09 07/15/09 08/21/09 08/26/09 09/04/09 09/25/09 10/14/09 N/A 06/07/09 06/22/09 08/10/09 08/18/09 10/13/09 06/17/09 10/08/09 10/16/09 10/26/09 11/09/09 10/01/09 1 N/A Date: February 10, 2010 Suspect Info Disturbance Suspicious Circumstances Miscellaneous Criminal Disturbance Battery Search Warrant Battery Disturbance Public Intoxication I//:1 Public Assist Disturbance Alarm Alarm Alarm Alarm Suspicious Circumstance Disturbance Suspicious Circumstances Suspicious Circumstances Area Check Total 0 0 10 0 5 11 Page 22 of 163 Venue File Number Date Type 7. Don Jose's L092260079 08/14/09 Disturbance L092590089 10/22/09 Alarm L092760091 10/03/09 Disturbance 8. El Comal N/A N/A N/A 9. Fat Cat Tavern L092060070 07/25/09 Civil L092400085 08/28/09 Public Assist 10. Guadalajara's L092530082 09/10/09 Alarm L092040041 07/23/09 Battery 11.Hana Sushi Canyon L093230051 11/19/09 Fraud 12. Hide a Way WI092450007 09/02/09 Battery L092460081 09/03/09 Battery WI092880004 10/15/09 Miscellaneous Criminal WI092460037 09/03/09 Battery WI093260025 11/22/09 Driving under the Influence 13. Hells Kitchen F092640030 09/21/09 Disturbance F093010036 10/28/09 AOD- Orange County Sheriff's 14. Hunny's L092550048 09/12/09 Hit and Run Collision 15. Kristis Komer N/A N/A N/A 16. Lake Elsinore Diamond L091540079 06/03/09 Alarm L091600073 06/09/09 Lost Property L091640067 06/13/09 Public Intox. (Green Sheet) L091710002 06/20/09 Alarm L091850178 07/04/09 Battery L091880021 07/07/09 Suspicious Circumstances L092270042 05/15/09 Alarm L092240073 08/12/09 Extra Patrol (Green Sheet) L092300056 08/18/09 Petty Theft L092320088 08/20/09 Disturbance (Green Sheet) L092410106 08/29/09 Battery L092420058 08/30/09 Vehicle Burglary L092440123 09/01/09 Suspicious Circumstances L092460079 09/03/09 Battery (Green Sheet) L092620113 09/19/09 Public Intox. (Green Sheet) L092630076 09/20/09 Public Intox. (Green Sheet) L092630075 09/20/09 Public Intox. (Green Sheet) L092630087 09/20/09 Public Intox. (Green Sheet) L092650038 09/22/09 Grand Theft L092680065 09/25/09 Health & Safety (Green Sheet) L092910005 10/18/09 Suspicious Circumstances Total 3 0 2 2 1 5 2 1 0 2 Page 23 of 163 Venue File Number Date Twe Total Diamond Con'd L093110029 11/07/09 Burglary (Green Sheet) N/A 0 21. L093110077 11/07/09 Battery (Green Sheet) Runaway Locate L093110091 11/07/09 AOD -Cal Fire (Green Sheet) Area Check 2 22. L093110094 11/07/09 Public Intox. (Green Sheet) N/A 0 23. L093110106 11/07/09 AOD -Cal Fire (Green Sheet) 26 17. Lake Elsinore Steakhouse L091820028 07/01/09 Public Assist Hotel & Casino L091730083 06/22/09 Annoying Phone Calls Disturbance 2 24. L092190014 08/07/09 Battery L092380097 08/26/09 Area Check L092620026 09/19/09 Vehicle Burglary 25. Mi Restaurant L092620034 09/19/09 Traffic Collision Vallarata L092630070 09/20/09 Public Intoxication L092730077 09/30/09 Suspicious Person L092750036 10/02/09 Embezzlement L092790038 10/06/09 Fraud L092940066 10/21/09 Petty Theft L092970065 10/24/09 Domestic Violence L093320017 11/28/09 Vehicle Theft L091580012 06/07/09 AOD -Cal Fire Dept. L091670010 06/16/09 Disturbance L091780016 06/27/09 Vehicle Theft L092780087 10/05/09 Disturbance L093160063 11/12/09 Silent Robbery Alarm 17 18. Las Brasas N/A N/A N/A 0 19. Las Palmas 3 Page 24 of 163 L092020036 07/21/09 Civil 1 20. La Mexicana N/A N/A N/A 0 21. La Unica L093280047 11/24/09 Runaway Locate L093280049 11/24/09 Area Check 2 22. Los Chilangos N/A N/A N/A 0 23. Lone Star Steakhouse L091820028 07/01/09 Public Assist L092130030 08/01/09 Disturbance 2 24. Menace Bar & Grill F092210051 08/09/09 Alarm F092290003 08/17/09 Suspicious Circumstances F092480025 09/05/09 Public Intoxication 3 25. Mi Restaurant Vallarata N/A N/A N/A 0 3 Page 24 of 163 Venue File Number Date 26. My Buddies Pizza L092050041 07/24/09 L092590070 09/16/09 L092800068 10/07/09 27. Ohara's Cocktail Lounge L091550032 06/04/09 L091790017 06/28/09 L092370051 08/25/09 L092830023 10/10/09 28. Papa G's L092150039 08/03/09 L091550103 06/04/09 L092090025 07/02/09 29. Pizza Factory N/A N/A 30. Raviolis N/A N/A 31. Roadhouse Tavern F091660085 06/14/09 32. Rusticana L091570023 06/06/09 L091490103 07/13/09 L092620080 09/19/09 L092780085 10/05/09 L092790008 10/06/09 L093280040 11/24/09 33.Sansui Sushi N/A N/A 34. Sizzler Restaurant L092400095 08/28/09 L093100088 11/06/09 35. Taco Del Mar L092110062 07/30/09 36. The Outhouse L092820005 10/09/09 L092050087 07/24/09 L092680087 09/25/09 37. The Lookout N/A N/A 38. The Wreck L091950051 07/14/09 L091860037 07/05/09 39. Vincenzos Olive Tree L091550087 06/04/09 0 Type Solicitation Disturbance Trespassing Alarm Disturbance Noise Disturbance Battery Alarm Alarm Alarm N/A N/A Brandishing of a Weapon Alarm Area Check Silent Robbery Alarm Alarm Alarm Fraud N/A Disturbance AOD -Cal Fire Dept. Petty Theft Battery Code -5 Public Intoxication N/A Public Intoxication Miscellaneous Criminal Found Property Total 3 4 3 0 0 1 L. 2 1 3 0 2 Page 25 of 163 Venue File Number Date Tvae Total 40.Trevi Entertainment Center L091700042 06/19/09 Burglary L091730036 06/22/09 Disturbance L091750109 06/24/09 Grand Theft L091750113 06/24/09 Suspicious Circumstance L091770066 06/26/09 Area Check L091770215 06/26/09 Disturbance L091780143 06/27/09 Suspicious Circumstance L091790005 06/28/09 AOD L091830128 07/02/09 Misc. Non - Criminal L091920011 07/11/09 Area Check L091920032 07/11/09 Public Assist L091920077 07111/09 Vehicle Theft L091930097 07/12/09 Petty Theft L091970007 07/16/09 Area Check L091980027 07/17/09 False Alarm L091980029 07/17/09 False Alarm L091990103 07/17/09 Battery L091990106 07/18/09 Vandalism L092020090 07/21/09 Battery L092030006 07/22/09 Follow Up L092040033 07/23/09 Petty Theft (In Progress) L092060114 07/25/09 Tresspassing L092070004 07/26/09 Battery (Just Occurred) L092070008 0726/09 Disturbance L092090048 07/28/09 Petty Theft L092130003 08/01/09 Battery L092140003 08/02/09 Area Check L092140008 08/02/09 Vehicle Theft L092180091 08/06/09 Hit and Run Collision L092190190 08/07/09 Area Check L092230022 08/11/09 False Alarm L092250091 08/13/09 Area Check L092300001 08/18/09 False Alarm L092310061 08/19/09 Vehicle Burglary L092320094 08/20/09 Battery/Disturbance L092340008 08/22/09 Assualt Deadly Weapon L092380120 08/26/09 Robbery L092400120 08/28/09 Area Check L092400123 08/28/09 Area Check 5 Page 26 of 163 Venue File Number Date Type Trevi Entertainment Center Con'd. L092420068 08/30/09 H &S (Alleged Sales) L092460053 09/03/09 Undercover Operation L092460064 09/03/09 Miscellaneous Criminal L092470224 09/04/09 Vehicle Burglary L092490091 09/06/09 Battery L092540112 09/11/09 Disturbance L092550013 09/12/09 Battery L092560011 09/13/09 Disturbance L092570047 09/14/09 Petty Theft L092570051 09/14/09 Silent Robbery Alarm L092570057 09/14/09 Grand Theft L092610086 09/14/09 AOD (Temecula PD) L092710006 09/28/09 Audible Burglary Alarm L092710011 09/28/09 Audible Burglary Alarm L092770018 09/28/09 Audible Burglary Alarm L092820087 10/09/09 Public Intoxication L092830074 10/10/09 Burglary L092840085 10/11/09 Disturbance L092870020 10/14/09 Audible Burglary Alarm L092960008 10/23/09 Audible Burglary Alarm L092970015 10/24/09 Audible Burglary Alarm L092980009 10/25/09 Audible Burglary Alarm L092990060 10/26/09 Suspicious Circumstances L093030009 10/30/09 Audible Burglary Alarm L093030013 10/30/09 Battery L093080006 11/04/09 Alarm L093250064 11/21/09 Disturbance L093280067 11/24/09 Runaway Juvenile Located Total 67 Page 27 of 163 C] O N O W O A 0 0 :] v 0 c r � � r F n x m o < m m m m 3 a O1 io O. m 01 = N J m F m n N N 0 O CA m n m L CDC CD M O Z O 3 a m N O N O O f0 Page 28 of 163 ATTACHMENT 4 CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: MARCH 20, 2007 PREPARED BY: TOM WEINER, PLANNING MANAGER PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007 -01; A REQUEST TO ESTABLISH AND OPERATE A VIDEO ARCADE, AN OUTDOOR DINING AREA, AND THE SALE OF ON- PREMISE GENERAL ALCOHOL IN CONJUNCTION WITH A BOWLING AND ENTERTAINMENT CENTER LOCATED AT 32250 MISSION TRAIL (APN 365- 040 -024) LAKE ELSINORE, CA 92530 APPLICANT: MICHEL KNIGHT /BLUE FLAMINGO LLC, 26397 BECKMAN COURT, MURRIETA, CA 92562 OWNER: LOUIS AND ISABELLA DEPASQUALE, 5004 W 92ND AVENUE, WESTMINSTER CO, 80031 PROJECT REQUEST The applicant is requesting Conditional Use Permit approval consideration for the establishment and operation of a video arcade, establishment of an outdoor seating area, and the sale of on- premise general alcohol. The project site is located within the C -2 (General Commercial District) Zoning district and has a General Plan designation of General Commercial. Review is pursuant to Chapter 17.48 (C -2, General Commercial District), Chapter 17.66 (Parking Requirements), Chapter 17.38 (Non- Residential Development Standards), and Chapter 17.74 (Conditional Use Permits) of the Lake Elsinore Page 29 of 163 PLANNING COMMISSION STAFF REPORT MARCH 20, 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-01 32250 MISSION TRAIL (APN 365- 040 -024) Municipal Code (LEMC). BACKGROUND The subject building was constructed in 1989 and was occupied by a K Mart store until 1997. The building has been vacant since that time. PROJECT LOCATION The approximately nine (9) acre property is developed with an 84,800 square foot single -story building and is located on the north side of Mission Trail Road between Diamond and Malaga Drives. The property is located within the C -2 (General Commercial) Zoning district and has a General Plan designation of General Commercial. ENVIRONMENTAL Commercial Building__ Commercial Center ' ' General Commercial ®� 'General Commercial Hotel (under General Commercial Page 30 of 163 PLANNING COMMISSION STAFF REPORT MARCH 20, 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007 -01 32250 MISSION TRAIL (APN 365- 040 -024) PROJECT DESCRIPTION The applicant is requesting Conditional Use Permit approval for the establishment and operation of a video arcade, an outdoor dining area, and the establishment of on- premise general alcohol sales. No additional building square footage or modifications to the existing parking and vehicle circulation design are proposed at this time. Recently modified building elevations, interior improvements that have begun at the site, parking, and analysis related to the conditionally approved uses listed above are discussed below. Building Elevations The applicant commenced with modifications to the building elevations in August of 2006, without Planning or Building Division approvals. The applicant had completed a majority of the exterior modifications when an application for the exterior changes was submitted. In an effort to cooperate with the applicant's need to complete exterior renovations to the site, staff processed the approvals for the building elevation administratively. In staff s opinion, only the highest quality architecture and building materials are appropriate for the site, as the entertainment center and bowling facility is anticipated to have significant public use and visibility. Some architectural features include: • The use of marble tile to enhance columns and selected portions of the building facade. • Decorative ceramic tile strips along the roof parapet • Enhanced columns with wood beam trellis elements. • A varied color palette to add more interest to the building facade. Interior Improvements The applicant is proposing to modify the existing floor plan used for the former K Mart operation in order to facilitate the use of the building as a family entertainment center with arcade, billiard, restaurant, and bowling facilities. The proposed floor plan provides the following: Page 31 of 163 PLANNING COMMISSION STAFF REPORT MARCH 20, 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-01 32250 MISSION TRAIL (APN 365- 040 -024) • Approximately 47,415 square feet of bowling area, which includes 48 lanes and an adjacent bowling lounge section, banquet rooms, pro shop, and snack bar. • Approximately 29,665 square feet of sports bar and arcade areas, which include banquet rooms, offices, and restrooms. • Approximately 7,800 square feet of restaurant area, which includes dining areas, a buffet section, kitchen, and restrooms. Parking and Circulation Based on the information provided on the applicant's site plan, a total of 775 on -site parking spaces will be required for the facility as specified in the LEMC. The parking breakdown is reflected in the following matrix: As shown on the table above, 775 parking spaces are required and 353 parking spaces are provided, indicating that minimum off - street parking requirements are not met on site based on the proposed uses within the renovated building. However, the applicant Page 32 of 163 PLANNING COMMISSION STAFF REPORT MARCH 20, 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-01 32250 MISSION TRAIL (APN 365- 040 -024) has provided a reciprocal parking and ingress /egress agreement (recorded with the Riverside County Clerk in 1988) that reflects shared parking among the subject property and the adjacent movie theater and casino properties respectively. The movie theater property currently maintains 225 on -site parking spaces, while the casino operation maintains 236 on -site parking spaces for a total of 461 additional parking spaces. When combined with the 353 parking spaces for the bowling and entertainment center, the total number of shared parking spaces is 814. Although additional parking is being provided by the shared parking agreement, staff is concerned with the potential parking impacts that may occur. The uses that exist on the adjacent properties that are proposed to be used for additional parking share the same "peak" parking period as the bowling and entertainment center. During certain peak periods (i.e. weekend evenings when the casino, movie theater, and bowling/entertainment center would be most used) parking demand will be high and the availability of parking may become encumbered. With this in mind, a condition of approval has been included requiring a parking study to be prepared by a State certified traffic engineer prior to operating the restaurant use on the site. The applicant has indicated that the bowling alley is proposed to begin operating several weeks before the restaurant use commences operation, therefore allowing a window of time where the parking study can be completed. The parking study shall reflect the peak parking demands and availability in order to establish that available parking is adequate. It is important to note that any further development could be restricted if the parking study indicates inadequate off - street parking. The adjacent parcels, which are currently held under the same ownership as the entertainment and bowling center property, may provide an opportunity to extend the existing parking area if the parking study shows a need to accommodate more vehicles during peak parking times. There will be no street improvements or curb cut modifications made along Mission Trail as part of the applicant's project. Landscaped improvements will be provided on all existing planter areas and along Mission Trail. A condition of approval has been included requiring the applicant to submit landscape plans, which will be reviewed and approved by the City's landscape plan check consultant prior to installation. Page 33 of 163 PLANNING COMMISSION STAFF REPORT MARCH 20, 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-01 32250 MISSION TRAIL (APN 365- 040 -024) CONDITIONAL USE PERMIT ANALYSIS Sale of "On- Premise" General Alcohol Section 17- 48.030 of the LEMC specifies the requirement of an approved Conditional Use Permit for the sale of general alcohol. The applicant is proposing to establish "on- premise" general alcohol sales in conjunction with a bowling and entertainment center. The proposed hours of operation are as follows: • 11 a.m. to Midnight Monday through Thursday • 9 a.m. to 2 a.m. on Fridays and Saturdays • 9 a.m. to Midnight on Sundays. A condition of approval has been included limiting the hours in which alcohol can be served to the aforementioned hours of operation. Alcohol will be served at several locations within the building including a bowling alley lounge, sports bar area, party rooms, and dining areas. The applicant has indicated that the party rooms will be used for meetings, banquets, and private parties. Concentration The entertainment and bowling center is located within Census Tract No. 464.04. The California Department of Alcoholic Beverage Control (ABC) recommends that not more than three (3) on- premise alcohol establishments be permitted within this Census Tract. According to ABC records, there are currently eleven (11) on- premise licensed establishments within the Census Tract (including the subject location, which currently holds a "pending" license). The following is a list of on- premise general alcohol establishments within the Census Tract, including the type of ABC license maintained by the establishment. Page 34 of 163 PLANNING COMMISSION STAFF REPORT MARCH 20, 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-01 32250 MISSION TRAIL (APN 365- 040 -024) On- Premise Alcohol Estah&hmentc with;" r..,.. -r-- -, 4 . A, ** Subject location (currently in process to upgrade to a Type 47 General Alcohol License). Approving the request to serve general alcohol at the subject location would increase the existing over - concentrated levels within the Census Tract as the number of "sit - down" establishments exceeds the number recommended by ABC. Therefore, the Planning Commission must make Findings of Public Convenience and Necessity (PCN) in order for ABC to approve the license. The PCN finding is included in the attached Resolution in order to satisfy ABC requirements. The Chief of Police (Riverside County Sheriff Department) has provided a memo regarding this application. This transmittal is included as Attachment 4 and states that the Chief of Police is not in opposition of the request provided that certain conditions of approval are complied with. Those conditions developed by the Riverside County Sheriff have been incorporated into this approval recommendation. Failure to comply with any of the conditions may result in revocation of the Conditional Use Permit. Page 35 of 163 PLANNING COMMISSION STAFF REPORT MARCH 20, 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-01 32250 MISSION TRAIL (APN 365- 040 -024) Some of the requirements listed by the Chief of Police in the recommended conditions of approval include: • The installation of high quality security surveillance camera, recorders, and monitors at mutually agreed upon locations. • Active monitoring of surveillance equipment by dedicated security personnel Other conditions of approval related to alcohol use listed by staff include, but are not limited to: • Requiring alcohol service to cease one (1) hour prior to closing. • Prohibition of loitering in and around the facility • Maintaining quarterly gross sales of alcoholic beverages below or equal to the gross sales of food during the same period. • Regulation of cover /admission charges to the facility. Outdoor Seatin Section 17.44.030 (k) of the LEMC specifies the requirement of a Conditional Use Permit for the establishment of an outdoor dining area. The applicant is proposing to operate an outdoor dining area in conjunction with the restaurant/buffet use on site. The outdoor dining area will be located in the northwest comer of the building, occupying the former K Mart outdoor garden center. Access to the dining area is achieved from two (2) double doors located within the adjacent indoor dining/buffet area and one (1) double door on the east end of the outdoor dining area leading to a parking area. The site is surrounded by other commercial uses and staff feels that the establishment of an outdoor dining area will have no impact to surrounding properties nor will it create impacts in relation to the entertainment center/bowling facility use. A Condition of approval has been included limiting this area to outdoor dining only; utilization of Page 36 of 163 PLANNING COMMISSION STAFF REPORT MARCH 20, 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-01 32250 MISSION TRAIL (APN 365- 040 -024) the outdoor area for uses other than dining purposes is not permitted without prior approval from the Community Development Department. Video Areade Section 17.44.030 (e) of the LEMC specifies the requirement of a Conditional Use Permit for the establishment of a video arcade. The applicant is proposing to establish two (2) video arcade areas within the building. The first area is a "kids" arcade measuring approximately 5,990 square feet in size. The kids arcade will be located at the northeast section of the building, directly adjacent to the sports bar area. According to the submitted floor plan, access to the kids arcade area is available from a point of entry along the north side of the building, next to a parking area as well as through open partitions in three (3) "party rooms." The kids arcade is separated from the sports bar area by the aforementioned three (3) "party rooms." The second arcade area is located on the west side of the building adjacent to the main entrance to the facility. This arcade measures approximately 6,720 square feet and is accessed through both the main entry corridor and a proposed bar /lounge area. Other proposed uses The applicant is proposing several billiard tables in the sports bar area. A condition of approval has been included limiting the number of billiard tables to three (3) unless proper approvals for a billiard hall operation is obtained from the Community Development Department and Riverside County Sheriff Department. Party Rooms ranging in size from 450 square feet to 1180 square feet are also proposed. The applicant has indicated that the party rooms, in addition to eight (8) private bowling lanes will be used for meetings, banquets, and private parties. ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act (CEQA), Section 15301 (Minor Alterations to Existing Structures), staff has determined that the proposed project will not have a significant affect on the environment and shall therefore be exempt from the provisions of CEQA. Therefore, no additional environmental clearance is necessary for the project. Page 37 of 163 PLANNING COMMISSION STAFF REPORT MARCH 20, 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-01 32250 MISSION TRAIL (APN 365- 040 -024) RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No._ approving Conditional Use Permit No. 2007 -01, based on the Findings, Exhibits, and proposed Conditions of Approval. PREPARED BY: TOM WEINER, PLANNING MANAGER APPROVED BY: ATTACHMENTS: K"Ell E M. FREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT 1. VICINITY MAP 2. PLANNING COMMISSION RESOLUTIONS 3. CONDITIONS OF APPROVAL 4. REDUCTIONS (8 % x 11) OF SITE PLAN AND ELEVATIONS 5. MEMORANDUM FROM CHIEF OF POLICE DATED FEBRUARY 26, 2007 6. SAFETY /OPERATION PLAN SUBMITTED BY APPLICANT Page 38 of 163 CON .ITIONAL USE PERMIT NO. sr PLANNING COMMISSION MARCH 6, 2007 '7 -01 ) APN. 365- 040 -024 1 Page 39 of 163 RESOLUTION NO. 2007- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2007 -01 WHEREAS, Michel Knight, Trevi Lanes has initiated proceedings to request the approval of Conditional Use Permit No. 2007 -01; a request to establish and operate a video arcade, establishment of an outdoor dining area, and the sale of on- premise general alcohol in conjunction with a bowling and entertainment center located at 32250 Mission Trail (APN 365- 040 -024) Lake Elsinore, CA 42530 (the "Project") and: WHEREAS, the City of Lake Elsinore recognizes that certain uses have operational characteristics that, depending upon the location and design of the use, may have the potential to negatively impact adjoining properties, businesses or residents and therefore are permitted subject to the issuance of a conditional use permit, which allows the City to comprehensively review and approve the use; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of considering and approving, conditionally approving, or denying conditional use permits; and WHEREAS, Pursuant to the California Environmental Quality Act (CEQA), Section 15301 (Minor Alterations to Existing Structures), staff has determined that the proposed project will not have a significant affect on the environment and shall therefore be exempt from the provisions of CEQA. Therefore, no additional environmental clearance is necessary for the project; and WHEREAS, on March 20, 2007, at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to the Project. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed Conditional Use Permit No. 2007 -01 prior to rendering its decision and finds that the requirements of Chapter 17.74 of the Lake Elsinore Municipal Code have been satisfied. Page 40 of 163 PLANNING COMMIS PAGE 2 OF 5 ON RESOLUTION NO.2007- SECTION 2. The Planning Commission finds and determines that pursuant to the California Environmental Quality Act (CEQA), Section 15301 (Minor Alterations to Existing Structures), the proposed project will not have a significant affect on the environment and shall therefore be exempt from the provisions of CEQA. Therefore, no additional environmental clearance is necessary for the project; and SECTION 3. That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for approval of CUP 2007 -01: 1. The proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. Issuance of this Conditional Use Permit will facilitate the creation of a well balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses. The proposed land use conforms to the objectives of the General Plan and the purpose of the planning district in which the site is located. 2. The proposed use will not be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City. All applicable City departments and agencies, including the Riverside County Sheriff, have been afforded the opportunity to review the use permit and their comments have been addressed in the conditions of approval attached to the staff report for this Project. Conditions have been applied relating to the installation and maintenance of security equipment, maintaining adequate staff, monitoring the sale of alcohol, and parking requirements so as to eliminate any negative impacts to the general health, safety, comfort, or general welfare of the surrounding neighborhood or the City. 3. The site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by Title 17 of the Lake Elsinore Municipal Code. The existing building was constructed in 1989 and conforms to development standards for the indicated zone. Further, the Project is required to provide Page 41 of 163 PLANNING COMMI. PAGE 3 OF 5 ION RESOLUTION NO. 2007. proper parking availability through the processing of a parking study in order to maintain current and future needs for off-street parking at acceptable levels. The entertainment and bowling center is compatible with existing development and will create a visually pleasing, non - detractive relationship between proposed and existing projects. 4. The site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use. The proposed entertainment and bowling center use has been reviewed in relation to the width and type of pavement needed to carry the type and quantity of traffic generated. The City has adequately evaluated the potential impacts associated with the proposed facility prior to its approval and has conditioned the project to be served by roads of adequate capacity and design standards to provide reasonable access by car, truck, and emergency services vehicles. 5. In approving the subject use, there will be no adverse affect on abutting property or the permitted and normal use thereof. The Project has been thoroughly reviewed and conditioned by all applicable City departments and outside agencies, eliminating the potential for any and all adverse effects on the abutting property. 6. Adequate conditions and safeguards pursuant to Lake Elsinore Municipal Code Section 17.74.50 have been incorporated into the approval of the Conditional Use Permit to insure that the use continues in a manner envisioned by these findings for the term of the use. Pursuant to Lake Elsinore Municipal Code Section 17.74.050, the request for outdoor seating, video arcade facilities, and on premise sales of general alcohol has been scheduled for consideration and approval of the Planning Commission at the regularly scheduled meeting on March 20, 2007. 7. In relation to the proposed establishment of on- premise alcohol sales, the Planning Commission finds that Public Convenience and Necessity will be served based on the following: A. The sale of general alcohol is complimentary and ancillary to the primary use of the establishment as an entertainment/bowling facility Page 42 of 163 PLANNING COMMIt ION RESOLUTION NO. 2007- PAGE 4 OF 5 — and restaurant as a result of restrictions on live entertainment, hours of operation, and other use limitations. B. The degree of compatibility required by the Zoning Ordinance will be maintained with respect to the on- premise sale of alcohol at the particular site, .giving consideration to other existing and potential uses within the general area of the subject location because the proposed use will be in conjunction an entertainment/bowling facility and restaurant and no negative impacts are anticipated. C. The subject restaurant is located in the General Commercial (C -2) Zone and the sale of on premise general alcohol is a conditionally permitted use in such zone and is in accordance with the General Commercial land use designation of the Lake Elsinore General Plan. D. The sale of general alcohol for on- premise consumption will not have a detrimental effect on the area residents, residentially zoned communities or other such uses because the sale of general alcohol for on site consumption will take place 'in conjunction with an entertainment/bowling facility and restaurant, where bowling, arcades, and food will be the primary business, and alcohol sales will be a secondary part of the business. SECTION 4. Based upon the evidence presented, the above findings, and the attached conditions of approval; the Planning Commission hereby approves Conditional Use Permit 2007 -01. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 20th day of March 2007, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Page 43 of 163 PLANNING COMMI, ION RESOLUTION NO. 2007- PAGE 5 OF 5 Michael O'Neal, Chairman ATTEST: City of Lake Elsinore Rolfe Preisendanz Director of Community Development Page 44 of 163 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL PROJECT NAME: CONDITIONAL USE PERMIT NO. 2007 -01; A REQUEST TO ESTABLISH AND OPERATE A VIDEO ARCADE, ESTABLISHMENT OF AN OUTDOOR DINING AREA, AND THE SALE OF ON- PREMISE GENERAL ALCOHOL IN CONJUNCTION WITH A BOWLING AND ENTERTAINMENT CENTER LOCATED AT 32250 MISSION TRAIL (APN 365- 040 -024) LAKE ELSINORE, CA 92530 PLANNING DIVISION GENERAL CONDITIONS 1. The decision of the Planning Commission shall be final fifteen (15) days from the date of the decision, unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.80 of the Lake Elsinore Municipal Code. 2. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Conditional Use Permit and Commercial Design Review for the existing Arco (AM /PM) gas station and convenience store project attached hereto. 3. Conditional Use Permit no. 2007 -01 will lapse and become void one (1) year of the approval date unless a building permit is issued and construction commenced and the project is diligently being pursued toward completion. 4. All Conditions of Approval shall be reproduced upon page one of building plans submitted to the Building and Safety Division for Plan Check. 5. Prior to the issuance of a Certificate of Occupancy, the applicant shall sign and Page 45 of 163 complete an "Acknowledgement of Conditions," and shall return the executed original to the Community Development Department for inclusion in the case records. 6. All conditions reflected on the approved plans shall be used unless modified by the Applicant and approved by the Community Development Director or designee. 7. All site improvements shall be constructed as indicated on the approved site plan and floor plan, with revisions as noted herein. All plans submitted for Building Division plan check shall conform to the submitted plans as modified by the Conditions of Approval. 8. All necessary exterior /ancillary equipment shall be effectively screened from public view. All proposed screening methods shall be reviewed and approved the Community Developer Director or designee. 9. The Applicant is to meet all applicable City Codes and Ordinances. 10.A cash bond of $1,000.00 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to the approval of the Community Development Director or designee. 11.The Applicant shall comply with the City's Noise Ordinance. Construction activity shall be limited to the hours of 7:00 AM to 5:00 PM, Monday through Friday, and no construction activity shall occur on Saturdays, Sundays or legal holidays. 12.The Applicant shall provide a landscape plan. Any changes to this plan shall be subject to the approval of the Community Development Director or designee. The landscape plan improvements and plantings shall be fully installed prior to issuance of a Certificate of Occupancy. 13.Planting within fifteen feet (15') of ingress /egress points shall be no higher than 36 inches. 14.The applicant shall submit a check in the amount of $64.00 made payable to the Page 46 of 163 • 9 a.m. to 11 p.m. on Sundays. • In the event that hours of operation are extended, alcohol service shall cease no later than one (1) hour prior to closing. 25. The premises shall be maintained as an entertainment/bowling center and restaurant and shall provide a menu containing an assortment of food as offered in such restaurants. Any discontinuation to the aforementioned uses will require a new Conditional Use Permit. 26. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records which reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said reports shall be kept no less frequently than on a quarterly basis and shall be made available to the City on demand. 27. Licensee /petitioner shall obtain approval from the Chief of Police prior to requiring an admission charge or a cover charge to any portion of the facility. At no time shall there be a requirement to purchase a minimum number of alcoholic beverages. 28. The rear doors of the premises shall be equipped on the inside with an automatic locking device and shall be closed at all times, and shall not be used as a means of access by patrons to and from the licensed premises. Temporary use of these doors for delivery of supplies does not constitute a violation. Further, the doors and associated locking hardware shall comply with all building code requirements. 29. Security staff shall be provided as outlined in the submitted Operation/Safety plan. Security staff shall be increased if requested by the Chief of Police. 30. The installation of high quality security surveillance cameras, recorders, and monitors at mutually agreed upon location shall be installed and maintained in good operating condition. 31. The active monitoring of surveillance equipment by dedicated security personnel shall occur at all times. 32. The operator shall cooperate and assist the Riverside County Sheriff in "the Page 47 of 163 County of Riverside for a Notice of Exemption. The check shall be submitted to the Planning Division for processing within 48 hours of the projects approval. 15. All requirements of the Riverside County Fire Department and Riverside County Sheriff Department shall be met and adhered to at all times. 16. A copy of these conditions of approval shall be kept on site at all times and shall be made available for review to any government official conducting official business. 17. The license shall be limited to on- premise general alcohol sales. Any change /intensification to the type of license will require a new Conditional Use Permit. 18. The operation shall maintain suitable kitchen facilities for the cooking of an assortment of foods, which may be required for meals and adequate seating arrangements for sit -down patrons provided on the premises. 19. Alcoholic beverages are sold or dispensed for consumption on the premises only when served at tables or sit -down counters by employees of the restaurant. 20. The sale of alcohol for consumption off the premises is prohibited. 21. The owner, manager, or person in charge of the establishment shall be 21 years or older. At least one such person shall be present on the premises during all business hours of operation. 22. All improvements on the property will be continuously maintained, including repairs to structures and replacement of dead or diseased plant material. 23. The Planning Commission reserves the right to hold a public hearing to consider the revocation of this permit, or the imposition of additional conditions, if the Commission determines that such action is warranted. 24. Sales and service of alcoholic beverages shall be permitted only between the following hours of operation: • 11 a.m. to 11 p.m. Monday through Thursday • 9 a.m. to 1 a.m. on Fridays and Saturdays Page 48 of 163 active prosecution of criminals who have victimized the business or its patrons. 33. Upon site inspection, if it is determined that the site has insufficient lighting, the Community Development and or Riverside County Sheriff Department may require additional lighting in front of the building or in the parking lot area. 34. No pay phone will be maintained on the exterior of the premises. Pay phones on the premises may not accept incoming calls. 35. Loitering is prohibited on or around these premises or the area under the control of the license /petitioner. 36. No obstructions shall be attached, fastened or connected to either the partitions or ceiling to separate booths /dining areas within the interior space of the licensed premises. 37. The licensee /petitioner shall not maintain or construct any type of enclosed booth intended for use by patrons or customers for any purpose. 38. No employee or agent shall be permitted to accept money or any other thing of value from a customer for the purpose of sitting or otherwise spending time with customers while in the premises, nor shall the licensee /petitioner provide or permit, or make available either gratuitous or for compensation, male or female persons who act as escorts, companions, or guests of and for the customers. 39. No employee or agent shall solicit or accept any alcoholic or non - alcoholic beverage from any customer while in the premises. 40. Any graffiti painted or .marked upon the premises or an any adjacent area under the control of the licensee /petitioner shall be removed or painted over within 24 hours of being applied. 41. A parking study, completed by a State of California licensed traffic engineer, shall be submitted to the Community Development Department for review and approval. The parking study shall reflect that available parking will remain at acceptable levels during peak parking periods. The restaurant mnd-spefts-� Page 49 of 163 component cannot be operated until the parking study is submitted and approved. Furthermore, excess undeveloped area on the property shall not be encumbered until said parking study shows methodology reflecting that additional parking is not needed. ENGINEERING DIVISION GENERAL 42.All Public works requirements shall be complied with as a condition of development as.specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit 43.In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR &R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. DRAINAGE 44.All On -site drainage shall be conveyed to a public facility, or accepted by adjacent property owners by a notarized letter of drainage acceptance, or conveyed to a drainage easement. 45.All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 46.All roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs shall drain to a landscaped area. Driveways shall be sloped to drain into landscaping prior to entering street facilities. STORMWATERI CLEANWA TER PROTECTION PROGRAM 47.The City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances Prohibi t the discharge of waste into storm drain system Page 50 of 163 or local surface waters. This includes non -storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways - without Regional Water Quality Control Board permit or waver — is strictly prohibited by local ordinances and state and federal law. Page 51 of 163 CITY OF LADE L LSIHOIZE l DREAM February 26, 2007 TO: Tom Weiner, Planning Manager FROM: Louis Fetherolf, Chief of Police SUBJECT: PCN FOR Beer and Wine Sales at Bowling and Entertainment Center As you are aware, the State Department of Alcoholic Beverage Control (ABC) sets standards for licenses to sell alcoholic beverages based on population density. The U.S. Census tracts are used to determine population density. I am informed the Bowling and Entertainment Center under constric Mart building is seeking a Public Convenience or Necessity (PC for an on- premises sale and consumption of beer and wine Census tract # 0464. In that tract ABC recommends a ' i such licenses; presently there are eleven (11) existing licenses in the number of licenses in this tract is inordinate. The proposed business is making a sub investment, and has the potential to be a valuable asset, in our community. In a the owners appear to desire to cooperate with law enforcement officials in the c ction (installation of adequate security technology and measures) and operat - their business, with public safety a primary concern and factor in the operation it business. Although I will not recomme intended business, with sufficien determined and memorialized in issuance of such a license. I would request the Planning certain restrictions on the license 1. The installation of high monitors at mutually ag 951.674.3124 mal ABC licenses in this 6'dnsus tract, the public safetyy restrictions in r pl' ace (yet to be Use Permit) I would not oppose the �rt the C ` rmrrien an C ity Council require 11g6t be limited to: surveillance cameras, recorders, and Page 52 of 163 2. The active monitoring of such surveillance equipment by dedicated security personnel during all hours of operation; 3. The cooperation of the business management/owners to maintain an adequate (mutually agreed upon) number of adult employees on duty at all times during business hours, dedicated to the safety and security function; and 4. The business managementlowners commit to fully cooperate with and assist law enforcement in the active prosecution of criminals who have victimized the business or its patrons. Page 53 of 163 Trevi Lanes 32250 Mission Trail, Lake Elsinore, CA 92530 Operation hours: Mon -Thur. 11 am — 12pm Fri. — Sat. 9am — 2pm Sun. 9am — 12pm Organization Chart: ❖ CEO • GM ➢ Food & Beverage Manager /Assistant GM — 44 servers, responsible for hospitality services through the entire building • Kitchen Chef • Service Lead ➢ Technical Manager — responsible for equipment maintenance • 4 staff ➢ Sales and Marketing Manager — group sales and party booking, etc. I coordinator ➢ Bar Manager — bar services 10 bar tenders ➢ Bowling Manager — responsible for league bowling and public bowling service. • 10 customer counter service staff ➢ Arcade Manager — operating arcade and redemption center 5 staff members ➢ Operation Manager - responsible for security, opening/closing, building maintenance, parking, shipping/receiving of supplies, etc. • 4 staff members Page 54 of 163 Security: 1. A total of 49 cameras will be installed throughout the building. The distribution and allocation is detailed in the attached plan. 2. Exterior cameras and entry way cameras are of very high resolution motion activated and infrared capability. 3. All cameras are wired to a central "Smart room" that houses all electronics and monitors. The cameras are connected to a continuously DVD recording units that stores all events for 360 days without need to change memory disk 4. Two security guards will be provided to Patrol the parking lot and around the building 24/7, using 2 golf carts while 2 security personnel will be on duty inside the premises. 5. Night internal security is provided by ADT. About 130 motion detectors as well as glass breaking sensors will be installed throughout the building. A separate laser beam system is provided around the center vault. 6. Brinks will be retained for cash transportation to the bank. 7. At Friday and Saturday night, 6 additional security personnel will be on duty from 12pm to 3am. 8. At Friday, 3 additional security personnel will be on duty from 6pm to 2am 9. At Saturday, 3 additional security personnel will be on duty for each shift, from 12pm to 7 pm and from 7pm to 2 am 10. At Sunday, 2 additional security personnel will be on duty from 4pm to 12am 11. All employees are logged on/off duty using the Biothermal finger print ID. Page 55 of 163 COD ITIONAL USE PERMIT NO.. )7-01 N F-1 IQ I \Vl Ar APN: 365-040-024 Lf� k �Lt4 _J RARTCHSi 0 14 DR !\CAMPBELL' T & ........... g, n(t-Par- _-ITS \.to V1, IN h� 600d Park t o lk _HIDDEN Tj? 11IDDEN. TR - A A A 4 PLANNING COMMISSION MARCH 6, 2007 Page 56 of 163 TO: FROM: DATE: PREPARED BY: PROJECT TITLE: CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT MAY 6, 2008 TOM WEINER, PLANNING MANAGER CONDITIONAL USE PERMIT NO. 2008-09; A REQUESTTO ESTABLISH A LIVE MUSIC, DANCING, AND ENTERTAINMENT VENUE WITHIN THE RESTAURANT AREA OF AN EXISTING BOWLING AND ARCADE FACILITY LOCATED AT 32250 MISSION TRAIL (APN 365 -040 -024) LAKE ELSINORE, CA 92530 APPLICANT: PHIL WILLIAMS FOR MICHEL KNIGHT /BLUE FLAMINGO LLC, 26397 BECKMAN COURT, MURRIETA, CA 92562 OWNER: LOUIS AND ISABELLA DEPASQUALE, 5004 W 92No AVENUE, WESTMINSTER CO, 80031 PROJECT REQUEST The applicant is requesting Conditional Use Permit approval consideration for the establishment and operation of a live music, dancing, and entertainment venue within the existing restaurant portion of the "Trevi" Bowling and Entertainment Center. The project site is located within the C -2 (General Commercial District) Zoning district and has a General Plan designation of General Commercial. Review is pursuant to Chapter 17.48 (C -2, General Commercial District), Chapter 17.66 (Parking Requirements), Chapter 17.38 (Non- Residential Development Standards), and Chapter 17.74 (Conditional Use Permits) of the Lake Elsinore Municipal Code (LEMC). BACKGROUND The subject building and property was developed in 1989 and was occupied by a K Mart store until 1997. The building remained vacant until 2007, at which time the "Trevi" Bowling and Entertainment Center began operating from the building_ On March 7, 2007, The Planning Commission approved Conditional Use Permit No. 2007- Page 57 of 163 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO. 2008-09 MAY 6, 2008 01, which permitted the applicant to establish the following uses in conjunction with the bowling facility. • Sale of general alcohol for "on- site" consumption. • Outdoor seating in conjunction with a restaurant facility. • Video arcades in two (2) separate areas of the facility. PROJECT LOCATION The approximately nine (9) acre property is developed with an 84,800 square foot single - story building and is located on the north side of Mission Trail Road between Diamond and Malaga Drives. The property is located within the C -2 (General Commercial) Zoning district and has a General Plan designation of General Commercial. ENVIRONMENTAL SETTING PROJECT DESCRIPTION The applicant is requesting Conditional Use Permit approval for the establishment and operation of a live music, dancing, and entertainment venue within the existing restaurant portion of the building. No additional building square footage or modifications to the existing parking and vehicle circulation design are proposed at this time. Interior improvements, parking, and analysis related to the requested live entertainment use are discussed below. Page 58 of 163 .,r PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO. 2008-09 MAY 6, 2008 01, which permitted the applicant to establish the following uses in conjunction with the bowling facility. • Sale of general alcohol for "on- site" consumption. • Outdoor seating in conjunction with a restaurant facility. • Video arcades in two (2) separate areas of the facility. PROJECT LOCATION The approximately nine (9) acre property is developed with an 84,800 square foot single - story building and is located on the north side of Mission Trail Road between Diamond and Malaga Drives. The property is located within the C -2 (General Commercial) Zoning district and has a General Plan designation of General Commercial. ENVIRONMENTAL SETTING ..J�V.. ILU . vacant C -2 Commercial (General Commercial) General Commercial Building North Commercial C_2 Center (General Commercial) General Commercial South Movie C -2 East Theater General Commercial General Commercial Hotel C -2 West Commercial General Commercial General Commercial Center C -2 (General Commercial) East Lake Specific PI PROJECT DESCRIPTION The applicant is requesting Conditional Use Permit approval for the establishment and operation of alive music, dancing, and entertainment venue within the existing restaurant portion of the building. No additional building square footage or modifications to the existing parking and vehicle circulation design are proposed at this time_ Interior improvements, parking, and analysis related to the requested live entertainment use are discussed below. Page 59 of 163 .r PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO. 2008-09 MAY 6, 2008 01. which permitted the applicant to establish bo wling facility_ the following uses in conjunction with the bowling • Sale of general alcohol for "on- site" consumption. • Outdoor seating in conjunction with a restaurant facility. • Video arcades in two (2) separate areas of the facility_ PROJECT LOCATION The approximately nine (9) acre property is developed with an 84,800 square foot single - story building and is located on the north side of Mission Trail Road between Diamond and Malaga Drives. The property is located within the C -2 (General Commercial) Zoning district and has a General Plan designation of General Commercial. ENVIRONMENTAL SETTING East Commercial Center Theater Center PROJECT DESCRIPTION C -2 (General Commercial) (General Commercial) C -2 — (General Commercial) General Commercial General Commercial Specific The applicant is requesting Conditional Use Permit approval for the establishment and operation of a live music, dancing, and entertainment venue within the existing restaurant portion of the building. No additional building square footage or modifications to the existing parking and vehicle circulation design are proposed at this time. Interior improvements, Parking, and analysis related to the requested live entertainment use are discussed below. Page 60 of 163 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO. 2008-09 MAY 6, 2008 01, which permitted the applicant to establish the following uses in conjunction with the bowling facility. • Sale of general alcohol for "on- site" consumption. • Outdoor seating in conjunction with a restaurant facility. • Video arcades in two (2) separate areas of the facility. PROJECT LOCATION The approximately nine (9) acre property is developed with an 84,800 square foot single= story building and is located on the north side of Mission Trail Road between Diamond and Malaga Drives. The property is located within the C -2 (General Commercial) Zoning district and has a General Plan designation of General Commercial. ENVIRONMENTAL SETTING PROJECT DESCRIPTION The applicant is requesting Conditional Use Permit approval for the establishment and operation of a live music, dancing, and entertainment venue within the existing restaurant Portion of the building. No additional building square footage or modifications to the existing parking and vehicle circulation design are proposed at this time. Interior improvements, parking, and analysis related to the requested live entertainment use are discussed below. Page 61 of 163 OM PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT.NO. 2008 -09 MAY 6, 2008 01, which permitted the applicant to establish the following uses in conjunction with the bowling facility. • Sale of general alcohol for "on- site" consumption. • Outdoor seating in conjunction with a restaurant facility. • Video arcades in two (2) separate areas of the facility. PROJECT LOCATION The approximately nine (9) acre property is developed with an 84,800 square foot single - story building and is located on the north side of Mission Trail Road between Diamond and Malaga Drives. The property is located within the C -2 (General Commercial) Zoning district and has a General Plan designation of General Commercial. ENVIRONMENTAL SETTING Dfect sue Vacant C -2 Commercial (General Commercial) Buildin North Commercial C -2 Center (General Commercial) South Movie C -2 Theater General Commercial East Hotel C -2 General Commercial West Commercial C -2 Center (General Commercial) PROJECT DESCRIPTION General Commercial General Commercial Lake The applicant is requesting Conditional Use Permit approval for the establishment and Operation of a live music, dancing, and entertainment venue within the existing restaurant portion of the building. No additional building square footage or modifications to the existing parking and vehicle circulation design are proposed at this time. Interior improvements, parking, and analysis related to the requested live entertainment use are discussed be:aw. Page 62 of 163 %..'e %1..1 CITY OF . LAKE , LSIIYOlZE DREAM EJfTREME.. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: JULY 22, 2008 SUBJECT: CONSIDERATION OF TWO (2) APPEALS OF THE PLANNING COM_ MISSION'S DECISION TO APPROVE CONDITIONAL USE PERMIT NO. 2008 -09, A REQUEST FOR THE ESTABLISHMENT OF LIVE MUSIC, DANCING, AND ENTERTAINMENT WITHIN AREAS OF AN EXISTING BOWLING AND ENTERTAINMENT CENTER (TREVI LANES) Background At a regularly scheduled City Council Meeting on June 10, 2008, the City Council received testimony from the applicant as well as the two appellants regarding the request for live entertainment (live music, dancing, and DJ) from the Trevi facility as well as the conditions of approval that were in question_ Those conditions, which' were Modified by the Planning Commission on May 6, 2008, are as follows: 17. ^ti..0 . . .. im 29, Parfi���. Deleted by Planning— Commission 516,Yb-, - Deleted by Planning . faGFlit _ At no time shall there be a requirement to purchase a minimum number of alcoholic beverages. Modified by Planning Commission 516108 The City -Council continued this item and directed staff to provide more information related to: (1) the approval of the Elks portion of the facility, (2) specificity as to what areas were being proposed for live entertainment, and (3) compliance with existing conditions of approval under CUP 2007 -01. The aforementioned is discussed in this report. Staff has also included information relative to events that have taken place since the June 10, 2008 City Council meeting. Page 64 of 163 The following matrix reflects Planning Commission and City Council actions regarding Trevi operations dating back to March 2007. for a video arcade, Planning March 7, 2008 outdoor dining area Commission and on premise Approved alcohol sales. May 6, 2008 CUP 200"1 for live music, dancing, Planning pproved with, and entertainment Commission of approval June 10, 2008 Appeal of CUP City Council Continued 200801 July 22, 2008 JnUppeal 2008-01 (continued hearinal City Council N/A Discussion For ease of discussion, Figure 1 below, which reflects existing and been included for reference_ proposed uses, has Figure 1 sports Bar �, _ Elks Resla Club I Page 65 of 163 Elks Area of Trevi Facif On December 3, 2007, a business license was issued to the Lake Elsinore Elks Lodge to operate from the subject location. The section of the building used by the Elks (as reflected in figure 1 on page 2 of this report), had been used for one of two arcade areas within the facility. The arcade area was. removed to accommodate the Elks operation_ Modifications to the area used by the Elks required Building Division approval. As such, floor plan changes to the Elks area were incorporated into the tenant improvement building plans for the restaurant/Illusions Portion of the building Initially, the restaurant/illusions area did not pass inspection due to issues : exiting, electrical, and plumbing work. These issues were mainly due to fire 'sprinklers' portion of the building being constructed without Building Division a with . approvals or inspections_. Although the entire tenant improvement (mainly the restaurant/Illusions area) was not completed, occupancy of the Elks section was allowed on February 22, 2008 This area had minor alterations, which were inspected and approved_ The outcome of CUP 2008- 03 has no bearing on the Elks Lodge operation. CUP 2007 -01 was approved in March 2007. This CUP allowed for the establishment of video arcade areas, an outdoor dining area, and on- premise alcohol sales from the location. At the June 10, 2008 public hearing, the City Council inquired as conditions of the original CUP had or had not been met. to what As of the writing of this report, the following conditions of approval under CUP 2007 -01 have not been met. • Multiple wall signs were installed without approval. The applicant was advised to submit a sign program application on several 27, 2008 and July 14, 2008). occasions (most recently on June • Outdoor storage at the rear of the property remains. been noted in that an inoperat However, improvement has ive vehicle, storage containers, and some construction materials have been recently removed. • Landscaping problems persist along Mission Trail (bare slopes). Landscape material in planter areas within the parking lot is not thriving due to lack of irrigation. This area was only recently given attention with weed and trash removal. Staff is working with the applicant and the property owner in order to address the ongoing landscape issues at the site. Graffiti on parking lot lights, utility boxes, and planter curbs not removed. Page 66 of 163 • Active monitoring of surveillance applicant, in recent discussions equipment at all tunes has not ocairred. The monitoring was only necessary the Chief of Police, has indicated that solution to this is necessary ry after 5 pm. Staff advised the applicant that a monitoring_ ry in order to have an appropriate schedule for video On June 22, 2008 ' a DJ area was set up in the sports bar section of the facility for a public event that attracted approximately 300 -400 cleared this area immediately when asked to do so by City staff and applicant that he was not Gear- as to whether this area could be used for live entertainment A complete listing of conditions of approval for CUP 2007 -01 and. their status (Attachment 3) as well as recent photographs of the site (Attachment 2) have been included for reference. Areas Prolloosed for Live Entertainment Based on the submitted floor plan, there are three (3) areas of the facility where live music, dancing, and /or DJ uses are proposed. The Elks area, the restaurant/Illusions area, and the sports bar area, which are all identified in Figure 1. Ini6atly, it was not clear if the applicant's request for live entertainment uses included areas other than the existing Elks section and the restaurant/tllusions section. Staff requested in writing (Attachment 5) that the applicant specify the type and location(s) where live entertainment was being prop o _ sed, as this information was not provided on the submitted CUP application White meeting with staff, the applicant indicated that the existing sports bar area was a section of the facility where he was desirous of having a DJ area. A notation identifying the aforementioned is reflected on the floor plans. On July 14, 2008, Community Development staff, Mayor Daryl Hickman, City Manager Bob Brady, and Chief of Police Louis Fetherolf met with the applicant in order to discuss conditions of approval, property maintenance of the site and possible additional conditions related to security and operations of live entertainment - (specifically a night club type use). Based on the discussion in this meeting, including clarification from the applicant regarding operational characteristics for the facility, the Chief of Police recommended additional conditions of approval which was later memorialized in memo form (Attachment 1). The Chief of Police indicated that if the City Council upholds the Planning Commission's decision to approve the live entertainment use recommended conditions should be included. Some of the conditions outlined in the Police Chief's memo include the following: his 1. Modify the existing condition of approval related to video surveillance in that surveillance cameras would be monitored from 5pm to close as opposed to during all hours of operation_ Page 67 of 163 2. Maintain an adequate number of adult security employees on duty at all tunes during business hours, dedicated to the safety and security function with no less than two (2) clearly identified qualified security officers per 100 persons occupying (or anticipated to occupy) the rooms/areas where alcohol is served or where there are special events open to the public (including private parties, DJAive music, dances, etc_ and two (2) security personnel dedicated to the exterior of the facility (parking lot, patios, etc.) to insure pedestrian and vehicle safety /security from 5pm until closing each business day. 3. Security staff shall be increased as directed by the Chief of Police in the event existing security arrangements prove to be inadequate as determined by the Chief of Police. 4. Prohibition of live dancers, fashion shows, lingerie or any other modeling events to occur in conjunction with any event at the site. At the City Council meeting of June 10, 2008, other possible conditions of approval were presented during City Council discussion. They are as follows: I. Only private parties are permitted, with the exception of functions conducted by recognized non - profit social service agencies. 2_ No leasing of any area of the facility to outside promoters. 3. No outside acts to perform (DJ OK). 4. One security staff per 2,000 square feet of floor space for any function and two (2) security staff outside- 5. All security personnel and certifications to be approved by Lake Elsinore Police (Riverside Sheriff Department) 6. No admission or cover charge shall be required. 7. No "all- age" functions to be allowed_ 8. No persons are allowed to loiter behind the building (except on duty employees) - Recommendation Consider the appeal(s) and either 1. Uphold the Planning Commission's decision to approve Conditional Use Permit No. 2008 -09 as originally approved; or Page 68 of 163 2- Uphold the Planning Commission's decision to approve Conditional Use Permit No• 2008 09 with addifional conditions of approval presented herein; or 2008 -0g. 3, Overtum the Planning Commission's decision and deny Conditional Use Permit No. Prepared by- Tom Weiner Planning Manager Approved by- Robert A. Brady City Manager Attachments; 9. Letter from Chief of Police regarding consideration Approval dated July 1 of additional Conditions of 6, 2008- 2. Photographs of the subject property taken on July 14 and July 15, 2008. 3. Conditions of approval for CUP 2007 -01 and current status. 4. Conditions of Approval for CUP 2008 -og (modified 516!08)- 5- Completeness letter from staff requesting clarification 6 of proposed live entertainment area(s) dated March , - - City Council staff report 4 2008 of Juno 10, 2008 and attachments (including Planning Commission Staff Report, Resol Meeting). utions, and Exhibits from the May 6, 7. Floor Plan Y 2008 Page 69 of 163 CITY OF LAKE CLSIIYOIZE DREAM E1ft'REME.. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: JANUARY 27, 2009 SUBJECT: SIX (6) MONTH REVIEW REGARDING CONDITIONAL USE PERMIT NO. 2008-09 FOR LIVE MUSIC, DANCING, AND ENTERTAINMENT WITHIN THE RESTAURANT AREA OF AN EXISTING BOWLING AND ENTERTAINMENT CENTER (TREVI LANES) LOCATED AT 32250 MISSION TRAIL Background and Discussion At the regularly scheduled City Council Meeting of July 22, 2008, the City Council reviewed'Conditional Use Permit (CUP) No. 2008 -09. This review was required as two (2) appeals were filed by an adjacent business owner (Best Western Hotel) and the Chief of Police respectively. The Chief of Police's appeal was regarding certain conditions of approval that were modified during Planning Commission review of the CUP on May 6, 2008. The business owners appeal was directly related to the approval of the CUP. Ultimately, the City Council approved the CUP request with additional conditions of approval, allowing Trevi Lanes to establish live music, dancing, and entertainment from the restaurant area of their facility. The following matrix reflects Planning Commission and City Council actions regarding Trevi operations dating back to March 2007. Page 70 of 163 June 10, 2008 July 22, 2008 Appeal of CUP 2008 -09 (continued hearing) Compliance with Conditions of Approval City Council City Council Continued further modifications to the conditions of An inspection of the facility was conducted by City staff on December 8, 2008. A letter regarding this inspection and areas of concern was forwarded to the business operator on December 19, 2008 (Attachment 1). On January 15, 2009, staff conducted a re- inspection of the site. The status of several conditions of approval (Attachment 2) is as follows_ Condition No. 7_ All site improvements shall be constructed as indicated on the approved site plan and floor plan, with revisions as noted herein. All plans submitted for Building Division plan check shall conform to the submitted plans as modified by the Conditions of Approval_ There is a large performance stage that has been constructed in the previously approved sports bar area of the facility. The location of the new stage was previously an enclosed area containing meeting /banquet rooms. The reimovalldemolition of the meeting rooms, construction of the new stage, including a ramp to the "backstage" area, were never submitted for Planning Division, Building and Safety, or Fire Department review and was not included in the approved Conditional Use Permit. A new stage has been constructed in the former "Elks" area, in the northeast corner of the facility, without approval. Several doors within the "Illusions" Restaurant area did not have proper panic hardware installed. A trellis structure and electrical work completed in the outdoor patio area was completed without approvals. Condition No. 12 The Applicant shall provide landscape improvements and full irrigation to all slope areas along Mission Trail and planter areas within the parking area of the property. Landscape improvements, including functioning irrigation shall be inspected and approved by the City Landscape Plan Check/lnspectorat the applicant's cost. Page 71 of 163 The applicant has indicated on several occasions that the underlying property owner will not allow him to complete landscaping improvements along Mission Trail. Code Enforcement has contacted the property owner regarding the condition of the slopes and a code violation case has been initiated. Condition No. 15 All requirements of the Riverside County Fire Department and Riverside County Sheriff Department shall be met and adhered to at all times. Please see Riverside County Sheriff Department memo dated January 20, 2009 (Attachment 3). Condition No. 27. Areas of the premises not including the restaurant area and the °Elks " facility shall be maintained as an entertainment/bowling center, restaurant, and arcade and shall Provide a menu containing an assortment of food as offered in such restaurants. Any discontinuation to the aforementioned uses will require a new Conditional Use Permit for live entertainment. The sports bar area now includes a 700+ square foot stage that was established and constructed without Building or Planning Division approvals. The applicant has generated a floor plan and obtained building plan check and CUP information from Community Development staff, however, as of the writing of this report, no applications have been received. Condition No. 30. The rear doors of the premises shall be equipped on the inside with an automatic locking device and shall be closed at all times, and shall not be used as a means of access by patrons to and from the licensed premises. Temporary use of these doors for delivery of supplies does not constitute a violation. Further, the doors and associated locking hardware shall comply with a1f building code requirements. There are several perimeter doors that have locking (panic) hardware that have been modified and /or removed. Many doors in the "Illusions" area were observed to be padlocked and the applicant removed the locks once instructed to do so during inspection. Condition No. 32. The installation of high quality security surveillance cameras, condition. recorders, and monitors at mutually agreed upon location shall be installed and maintained in good operating Page 72 of 163 Condition No_ 33. The active monitoring of surveillance equipment by dedicated security personnel shall occur at all times. Upon inspection and m of the video surveillance office area on December 8, 2008, screens onitors were turned off and no monitoring was taking lace. Also to view surveillance footage from earlier in the day, it was indicated that the video monitoring system had "crashed" and would need to be repaired. upon a request A follow up inspection on January 15, 2009 showed all screens and monitors on and surveillance equipment functioning properly. Condition No. 34 - The operator_ shall cooperate and assist the Riverside in the active County Sheriff prosecution of criminals who have victimized the business or its patrons_ the In August of 2008, a vehicle was stolen from the parking lot of the facility. According to Surveillance c edvideo that may arve provided informationrregaerding the theft. Department was advised that surveillance video did not exist. made for the The Sheriff Condition No. 42. Any graffiti painted or marked upon the premises or any adjacent area under the control Of the licensee /petitioner shall be removed or painted over within 24 hours of being applied. Graffiti was observed at the entrance of the ro e rty (bollards and utility boxes) during the December 8, 2008 inspection. Upon re- inspection on January 15, 2009, the graffiti P P had still not been removed. Recommendation Currently, the applicant must address conditions of approval met Most notably, the applicant must file a request to modify the ethat tingrCUPt ineorder for the new stage area in the sports bar to be considered. Additionally, building plan check review and permits must be secured for the myriad of tenant improvements that have been completed in the facility since the CUP was originally approved in July 2008. There are several options that can be considered, which include: 1. Bring forward a request to modify the existing CUP in order for the new stage area to be considered, obtain all building division approvals for tenant improvements, and meet all conditions of approval within a specified time frame. 2. Order the applicant to demolish (with appropriate building permits) the for tenant iimpro ements meet all timerframeand obtain building Permits Page 73 of 163 3. Refer the item to the planning Commission for consideration of revocation of the CUP (per LEMC Section 17.74.110 - Suspension and Revocationr vocation of 6). in addition to the above options, the City Council may also choose to impose additional conditions of approval. Additional conditions of approval requested by the Riverside County Sheriff (as reflected in Attachment 3) include but are not limited to the following: • State licensed and bonded security staffing • Minimum two (2) week notification prior to..a heavily attended event taking place • Copies of all proposed advertisements and a list of advertisement locations (websites, radio, newspapers, television, etc.) related to heavily attended events. Prepared by: Tom Weiner�� Acting Director of Coommmunity Development Approved by: Robert A. Brady ljpG{ City Manager FU�riI'7 Attachments; 1. Letter to applicant (Michel Knight) regarding December 8, 2008 site inspection. 2. Conditions of Approval for CUP 2008 -09 3. Memorandum from Riverside County Sheriff (incident log and recommended conditions of approval) 4. City Council staff report of July 22, 2008 (including meeting minutes) 5. Floor Plan 6. Lake Elsinore Municipal Code Section 17.74.110 Conditional Use Permits, Suspension and Revocation Page 74 of 163 CITY OF . LADE �>LSINOJ�,E DREAM EXTREME.. REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: TOM WEINER ACTING COMMUNITY DEVELOPMENT DIRECTOR DATE: FEBRUARY 17, 2009 SUBJECT: REVOCATION OF CONDITIONAL USE PERMIT NO. 2008 -09 FOR LIVE MUSIC, DANCING, AND ENTERTAINMENT WITHIN DESIGNATED AREAS OF AN EXISTING BOWLING AND ENTERTAINMENT CENTER (TREVI LANES) LOCATED AT 32250 MISSION TRAIL, LAKE ELISNORE CA, 92530 Background At the regularly scheduled City Council Meeting of July 22, 2008, the City Council approved Conditional Use Permit (CUP) No. 2008 -09, allowing Trevi Lanes to establish live music, dancing, and entertainment in designated areas of their facility located at 32250 Mission Trail. Several conditions of approval were imposed on CUP 2008 -09, including a condition requiring a six -month review /progress report of the CUP. On January 27, 2009, a six -month progress report regarding CUP 2008 -09 was presented to the City Council. The City Council, by a 4 -1 vote, referred the item to the Planning Commission for consideration of revocation of the CUP as outlined in LEMC Section 17.168.110 (formerly 17.74.110) "Suspension and Revocation" (Attachment 1)_ The following matrix reflects Planning Commission and City Council actions regarding Trevi operations dating back to March 2007. Page 75 of 163 CUP 2008 -09 for Approved subject to May 6, 2008 live music, dancing, Planning conditions of and entertainment Commission approval June 10, 2008 Appeal of CUP City Council Continued 2008 -09 Appeal of CUP Approved with July 22, 2008 2008 -09 (continued City Council further conditions of hearing) ap roval 6 -month Referred matter to review /progress Planning January 27, 2009 report of City Council Commission for CUP 2008 -09 revocation live entertainment)- consideration As part of the approval of CUP 2008 -09, specific conditions of approval (Attachment 2) were adopted to mitigate any potential impacts to adjacent properties, protect public health and safety, and to maintain a proper aesthetic quality to the site. Pursuant to LEMC Section 17.168.110, the Planning Commission may revoke the CUP or take such action as may be necessary to ensure compliance with the conditions of approval or provisions of the Lake Elsinore Municipal Code. Compliance with Conditions of Approval An inspection of the facility was conducted by City staff on December 8, 2008. A letter regarding this inspection and areas of concern was forwarded to the business operator on December 19, 2008 (Attachment 3). On January 15, 2009, staff conducted a re- inspection of the site. The status of several conditions of approval is reflected below (as presented to the City Council at the January 27, 2009 progress report meeting). An update is included where appropriate: Condition No. 7. All site improvements shall be constructed as indicated on the approved site plan and floor plan, with revisions as noted herein. All plans submitted for Building Division plan check shall conform to the submitted plans as modified by the Conditions of Approval. There is a large performance stage that has been constructed in the previously approved sports bar area of the facility_ The location of the new stage was previously an enclosed area containing meeting /banquet rooms. The removal/demolition of the Page 76 of 163 meeting rooms, construction of the new stage, including a ramp to the "backstage" area, were never submitted for Planning Division, Building and Safety, or Fire Department review and was not included in the approved Conditional Use Permit. A new stage has been constructed in the former "Elks" area, in the northeast corner of the facility, without approval_ Several doors within the "Illusions" Restaurant area did not have proper panic hardware installed. A trellis structure and electrical work completed in the outdoor patio area was completed without approvals. Update: An application requesting modification to CUP 2008 -09 was submitted by Trevi Lanes on January 23, 2009. This request includes a modified floor plan requesting approval of the existing, unpermitted, 700 square foot stage area in the sports bar and smaller stage in the former "Elks" area of the building. (Attachment 4) Condition No. 12 The Applicant shall provide landscape improvements and full irrigation to all slope areas along Mission Trail and planter areas within the parking area of the property. Landscape improvements, including functioning irrigation shall be inspected and approved by the City Landscape Plan Check/Inspector at the applicant's cost. Update: The applicant has indicated on several occasions that the underlying ,property owner will not allow him to complete landscaping improvements along Mission Trail. Code Enforcement has contacted the property owner regarding the condition of the slopes and a code violation case has been initiated. Condition No. 15. All requirements of the Riverside County Fire Department and Riverside County Sheriff Department shall be met and adhered to at alt times. Update: Please see Riverside County Sheriff Department memo dated January 20, 2009 (Attachment 5). Based on staff's knowledge, there has been no Sheriff activity at the site between January 27, 2009 and February 12, 2009. Condition No. 27_ Areas of the premises not including the restaurant area and the `Elks" facility shall be maintained as an entertainment/bowling center, restaurant, and arcade and shall provide a menu containing an assortment of food as offered in such restaurants. Any discontinuation to the aforementioned uses will require a new Conditional Use Permit for live entertainment. Page 77 of 163 The sports bar area now includes a 700+ square foot stage that was established and constructed without Building or Planning Division approvals: Update: An application requesting modification to CUP 2008 -09 was submitted by Trevi Lanes on January 23, 2009. This request includes a modified floor plan requesting approval of the existing, unpermitted, 700 square foot stage area in the sports bar and smaller stage in the former "Elks" area of the building. Condition No. 30_ The rear doors of the premises shall be equipped on the inside with an automatic locking device and shall be closed at all times, and shall not be used as a means of access by patrons to and from the licensed premises. Temporary use of these doors for delivery of supplies does not constitute a violation. Further, the doors and associated locking hardware shall comply with all building code requirements_ There are several perimeter doors that have locking (panic) hardware that have been modified and /or removed. Many doors in the "Illusions" area were observed to be padlocked and the applicant removed the locks once instructed to do so during inspection. Update: The operator removed the locks from the doors once instructed to do so by Fire Department and Community Development Department staff. Condition No. 32. The installation of high quality security surveillance cameras, recorders, and monitors at mutually agreed upon location shall be installed and maintained in good operating condition. Condition No. 33. The active monitoring of surveillance equipment by dedicated security personnel shall occur at all times. Upon inspection of the video surveillance office area on December 8, 2008, screens and monitors were turned off and no monitoring was taking place. Also, upon a request to view surveillance footage from earlier in the day, it was indicated that the video monitoring system had "crashed" and would need to be repaired. A follow up inspection on January 15, 2009 showed all screens and monitors on and surveillance equipment functioning properly. Update: Screens and monitors and surveillance equipment are now functioning properly. Condition No.34_ The operator shall cooperate and assist the Riverside County Sheriff in the active Page 78 of 163 Prosecution of criminals who have victimized the business or its patrons In August of 2008, a vehicle was stolen from the parking lot of the facility. According to the attached Sheriff Department memo, several requests were made for the surveillance video that may have provided information regarding the theft. The Sheriff Department was advised that surveillance video did not exist. Condition No. 42. Any graffiti painted or marked upon the premises or any adjacent area under the control of the licensee /petitioner shall be removed or painted over within 24 hours of being app lied. Graffiti was observed at the entrance of the property (bollards and utility boxes) during the December 8, 2008 inspection. Upon re- inspection on January 15, 2009, the graffiti had still not been removed. Update: A re- inspection of the parking area shows that the graffiti has been removed /painted over. Options The operator of the Trevi facility has made attempts recently to comply with Conditions of Approval, however, there are still documented instances where conditions of approval were not followed and violations occurred. Based on the abovementioned information, the Planning Commission possesses grounds to revoke, suspend, modify, or take no action regarding CUP No. 2008 -09. At this time, the Planning Commission may: 1. Revoke Conditional Use Permit No. 2008 -09. 2. Modify the CUP by. adding and /or revising conditions of approval. 3. Suspend Conditional Use Permit No. 2008 -09 for a time period deemed appropriate in order to allow the operator to show full compliance with conditions. 4. Take any other action any other action the Planning Commission deems necessary to ensure compliance with the conditions of approval and the Lake Elsinore Municipal Code. 5. Take no action, thereby leaving the existing CUP intact with no changes. A resolution to revoke the CUP has been included in this agenda packet if Planning Commission votes to revoke CUP 2008.09. Page 79 of 163 Recommendation Direct staff as deemed appropriate. Prepared by: Tom Weiner Acting Director of Community Development Approved by: Robert A. Brady City Manager Attachments 1. Lake Elsinore Municipal Code Section 17.168.110 Conditional Use Permits, Suspension and Revocation 2. Conditions of Approval for CUP 2008 -09 I Letter to applicant (Michel Knight) regarding December 8, 2008 site inspection 4. Application to Modify CUP 2008 -09 submitted by applicant on January 23, 2009 5. Memorandum from Riverside County Sheriff (incident log and recommended conditions of approval) dated January 21, 2009 6_ January 27, 2009 six -month progress report to City Council (including meeting minutes) 7. City Council staff report of July 22, 2008 (including meeting minutes) 8. Approved Floor Plan (CUP 2008 -09) Page 80 of 163 CITY OF LADE h7LSINO DREAM EXTREM& REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: TOM WEINER ACTING COMMUNITY DEVELOPMENT DIRECTOR DATE: JUNE 16, 2009 SUBJECT: MODIFICATION OF CONDITIONAL USE PERMIT NO. 2008 -09; A REQUEST TO LEGALIZE A PREVIOUSLY CONSTRUCTED 740 SQUARE FOOT ELEVATED STAGE WITHIN THE SPORTS BAR AREA OF AN EXISTING BOWLING AND ENTERTAINMENT CENTER (TREVI LANES) LOCATED AT 32250 MISSION TRAIL, LAKE ELSINORE CA, 92530 Background and Discussion On December 8, 2008, an inspection of the Trevi Lanes facility was conducted per a City Council directed 6 -month review of the existing live entertainment Conditional Use Permit (CUP 2008 -09). During this inspection, several deficiencies were noted, including the construction of a 700+ square foot elevated stage within a section designated as the "Sports Bar' area of the facility. The stage, which now occupies an area formerly used for meeting /party rooms, was constructed without Planning or Building Division approvals. On December 19, 2008, a letter was forwarded (Attachment 4) to the business operator as a follow up to the aforementioned December inspection, which outlined required corrective actions, including the need for approvals for construction of the stage. The following matrix reflects Planning Commission and City Council actions regarding Trevi operations dating back to March 2007. March 20, 2007 CUP No. 2007 -01 for a video arcade, outdoor dining area, and on- premise alcohol sales. Planning Commission Approved Page 81 of 163 CUP No. 2008 -09 Modification Trevi Lanes June 16, 2009 Page 2 May 6, 2008 CUP 2008 -09 for live music, dancing, and entertainment Planning Commission Approved with modified conditions of approval 2008 -09 (continued to the conditions of June 10, 2008 Appeal of CUP City Council Continued July 22, 2008 Appeal of CUP City Council further modifications 2008 -09 (continued to the conditions of hearin a proval 6 -month Referred matter to January 27, 2009 review /progress report of City Council Planning Commission for CUP 2008 -09 revocation February 17, 2009 Revocation Hearing Planning Suspended CUP Commission 2008 -09 for a period of 90 days As noted in the above matrix, the live entertainment CUP was suspended for a period of 90 days (March 4, 2009 — June 3, 2009). During this suspension period, the business operator submitted construction plans for review of the stage area. Although building division review of the plans is ongoing, final building approvals (construction plan check and inspections) cannot occur until the proper CUP approval is granted. Correspondence advising the business operator of this is included for the Planning Commission's reference (Attachment 5). The Building Division plan check chronology for the stage construction drawings is as follows: April 15, 2009 — Plans submitted by applicant. May 4, 2009 — Plan check completed, applicant notified to pick up corrections. May 5, 2009 — Applicant picked up corrections. May 19, 2009 — Applicant resubmitted plans. June 3, 2009 — 2nd plan check completed, applicant notified to pick up corrections r June 8, 2009 —Applicant picked up 2nd corrections. Page 82 of 163 CUP No. 2008 -09 Modification Trevi Lanes June 16, 2009 Page 3 A Building Division "Plan Check Submittal Log" (Attachment 6) is also included for reference. The proposed 740 square foot stage is located in the western portion of the sports bar area. The approximately 7,500 square foot sports bar area is located in the northwest Portion of the Trevi building and comprises of a bar, upper and lower lounge areas, a DJ area, and a "skybox" private party/meeting room. No other changes to the sports bar area are proposed and all previous conditions of approval under the existing live entertainment CUP, including but not limited to, hours of operation, surveillance, and security requirements remain the same. The addition and /or modification of conditions of approval recommended by the Chief of Police in a memo generated for the February 17, 2009 revocation hearing (Attachment 7) have been incorporated into the conditions of approval and are reflected below. Modified Condition (changes shown in italics) 19. Adequate security personnel shall be provided by the applicant for all events conducting live entertainment (bands, DJ, karaoke, etc.). Furthermore, the Property owner shall provide state licensed and bonded security staffing to effectively patrol the exterior of the property and interior during live entertainment events. Security staff will make every effort to prevent breaches of the peace, prohibit loitering, and provide for the general safety of patrons. Security personnel provided b Trevi Entertainment y customers renting the facility is Prohibited. New Conditions 62. The business operator will provide a minimum thirty (30) day notification, in writing, to the Community Development Department, Police (Sheriff) Department, and Riverside County Fire Department, of any scheduled event that may approach maximum occupancy limits. The notification shall include the following: a. Copies of all proposed advertisements, flyers, brochures, and a list of advertisement locations (such as websites, newspaper, television, etc.). b. A detailed security plan which, minimally, provides the following information: i. Date of Event ii. Event hours of operation iii. Name, and contact information (phone numbers) for the person in- charge of the event. The person listed as in- charge must be present, on the property, throughout the entire event. iv. Name, and contact information (phone numbers) for the Trevi manager or supervisor who will be present during the event. Page 83 of 163 CUP No. 2008 -09 Modification Trevi Lanes June 16, 2009 Page 4 v. Name, and contact information (phone numbers) for the supervising, or lead, security person present during the event. A. 24 hour contact information for the security agency contracting with the property owner. vii. Detailed description of the event that identifies whether live bands, Disc Jockeys, or other entertainment will be present. viii. Whether alcohol will be served or not. ix. Anticipated attendance. x. Planned cover charges. c. The Community Development Department, Police (Sheriff), or Fire Department may reject submitted security plans and /or require reasonable changes. 63. Private events shall go no later than 3 am nor before 8 am. 64. The business operator shall work with neighboring businesses, particularly the adjacent motel /hotel facilities, to mitigate potential noise disturbances arising from events occurring on the Trevi property. Environmental Determination - Pursuant to the California Environmental Quality Act (CEQA), Section 15301 (Minor Alterations to Existing Structures), staff has determined that the proposed project will not have a significant affect on the environment and shall therefore be exempt from the Provisions of CEQA. Therefore, no additional environmental clearance is necessary for the project. Recommendation It is recommended that the Planning Commission adopt Resolution No._ approving modification to Conditional Use Permit No. 2008 -09, based on the Findings, Exhibits, and proposed Conditions of Approval. Prepared by: Tom Weiner Acting Director of Community Development Attachments: 1. Vicinity Map 2. Resolutions 3. Conditions of Approval 4. Letter to applicant (Michel Knight) regarding December 8, 2008 site inspection. 5. Letter to applicant (Michel Knight) regarding status of CUP modification application and 90 -day suspension. Page 84 of 163 CUP No. 2008 -09 Modification Trevi Lanes June 16, 2009 Page 5 6. Building Division "Plan Check Submittal Log" for Stage plan approval submittal. 7. Memorandum from Police Chief /Captain Joe Cleary dated January 20, 2009. 8. Staff Reports related to CUP 2008 -09. a. May 6, 2008 Planning Commission CUP 2008 -09 (Live Entertainment) b. July 22, 2008 City Council CUP 2008 -09 (Live Entertainment) Appeal c. January 27, 2009 City Council 6 -month review of CUP d. February 17, 2009 Planning Commission CUP Revocation Consideration 9. Floor Plan Page 85 of 163 VICINITY MAP CONDITIONAL USE PERMIT NO. 2008-09 Page 86 of 163 RESOLUTION NO. 2009-_ RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING MODIFICATION TO CONDITIONAL USE PERMIT NO. 2008- 09 WHEREAS, Michel Knight, Trevi Lanes has initiated proceedings to request the approval to modify Conditional Use Permit No. 2008 -09; Conditional Use Permit approval consideration to legalize a previously constructed 740 square foot elevated stage within the sports bar area of the " Trevi" Bowling and Entertainment Center located at 32250 Mission Trail (APN 365 - 040 -024) Lake Elsinore, CA 92530 (the "Project') and: WHEREAS, the City of Lake Elsinore recognizes that certain uses have operational characteristics that, depending upon the location and design of the use, may have the potential to negatively impact adjoining properties, businesses or residents and therefore are permitted subject to the issuance of a conditional use permit, which allows the City to comprehensively review and approve the use; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of considering and approving, conditionally approving, or denying conditional use permits; and WHEREAS, Pursuant to the California Environmental Quality Act (CEQA), Section 15301 (Minor Alterations to Existing Structures), staff has determined that the Proposed project will not have a significant affect on the environment and shall therefore be exempt from the provisions of CEQA. Therefore, no additional environmental clearance is necessary for the project; and WHEREAS, on June 16, 2009, at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to the Project. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed modification to Conditional Use Permit No. 2008 -09 prior to rendering its decision and finds that the requirements of Chapter 17.168 of the Lake Elsinore Municipal Code have been satisfied. SECTION 2. The Planning Commission finds and determines that pursuant to the California Environmental Quality Act (CEQA), Section 15301 (Minor Alterations to Existing Structures), the proposed project will not have a significant affect on the environment and shall therefore be exempt from the provisions of CEQA. Therefore, no additional environmental clearance is necessary for the project; and Page 87 of 163 PLANNING COMMISSION RESOLUTION NO. 2009 - PAGE2OF3 — SECTION 3. That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for approval of modification to CUP 2008 -09: 1. The proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. Issuance of this Conditional Use Permit will facilitate the creation of a well balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses. The proposed land use conforms to the objectives of the General Plan and the purpose of the commercially zoned planning district in which the site is located. 2. The proposed use will not be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City. All applicable City departments and agencies, including the Riverside County Sheriff, have been afforded the opportunity to review the use permit and their comments have been addressed in the conditions of approval attached to the staff report for this Project. Conditions have been applied relating to the installation and maintenance of security equipment, maintaining adequate staff, monitoring the sale of alcohol, and parking requirements so as to eliminate any negative impacts to the general health, safety, comfort, or general welfare of the surrounding neighborhood or the City. 3. The site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by Title 17 of the Lake Elsinore Municipal Code. The existing building was constructed in 1989 and conforms to development standards for the indicated zone. Further, the Project is required to maintain proper parking availability as indicated in the submitted and approved parkin g study in order to maintain current and future needs for off - street parking at acceptable levels. The stage component of the entertainment center is compatible with existing uses contained within the facility. 4. The site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use. The proposed stage /live entertainment component has been reviewed in relation to the width and type of pavement needed to carry the type and quantity of traffic generated_ The City has adequately evaluated the potential impacts associated with the proposed facility prior to its approval and has conditioned the project to be served by roads of adequate capacity and design standards to provide reasonable access by car, truck, and emergency services ve',' ^' -- Page 88 of 163 PLANNING COMMISSION RESOLUTION NO. 2009- PAGE 3 OF 3 — 5. In approving the subject use, there will be no adverse affect on abutting property or the permitted and normal use thereof. The Project has been thoroughly reviewed and conditioned by all applicable City departments and outside agencies, eliminating the potential for any and all adverse effects on the abutting property when conditions of approval are followed. 6. Adequate conditions and safeguards pursuant to Lake Elsinore Municipal Code Section 17.168 have been incorporated into the approval of the Conditional Use Permit to insure that the use continues in a manner envisioned by these findings for the tern of the use. Pursuant to Lake Elsinore Municipal Code section 17.168, the request to modify CUP 2008 -09 has been scheduled for consideration and approval of the Planning Commission at the regularly scheduled meeting on June 16, 2009. SECTION 4. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby approves modification of Conditional Use Permit 2008 -09. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 16th day of June 2009. ATTEST: Axel Zanelli, Chairman City of Lake Elsinore om Weiner Acting Director of Community Development Page 89 of 163 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL (2nd REVISION) PROJECT NAME: CONDITIONAL USE PERMIT NO. 2008 -09; A REQUEST TO ESTABLISH A LIVE MUSIC, DANCING, AND ENTERTAINMENT VENUE WITHIN THE RESTAURANT AREA OF AN EXISTING BOWLING AND ARCADE FACILITY LOCATED AT 32250 MISSION TRAIL (APN 365 -040 -024) LAKE ELSINORE, CA 92530 PLANNING DIVISION GENERAL CONDITIONS 1. The decision of the Planning Commission shall be final fifteen (15) days from the date of the decision, unless an appeal has been filed with the City Council Pursuant to the provisions of Chapter 17.80 of the Lake Elsinore Municipal Code. 2. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning this Conditional Use Permit. 3. Conditional Use Permit no. 2008 -09 will lapse and become void one (1) year of the approval date unless a building permit is issued and construction commenced and the project is diligently being pursued toward completion. 4. All Conditions of Approval shall be reproduced upon page one of any building plans submitted to the Building and Safety Division for Plan Check. 5. Prior to the issuance of a Certificate of Occupancy, the applicant shall sign and complete an "Acknowledgement of Conditions," and shall return the executed original to the Community Development Department for inclusion in the case records. 6. All conditions reflected on the approved plans shall be used unless modified by the Applicant and approved by the Community Development Director or designee. 7. All site improvements shall be constructed as indicated on the approved site plan and floor plan, with revisions as noted herein. All plans submitted for Building Division plan check shall conform to the submitted plans as modified by the Conditions of Approval. Page 90 of 163 8. All necessary exterior /ancillary equipment shall be effectively screened from public view. All proposed screening methods shall be reviewed and approved the Community Developer Director or designee. 9. The Applicant is to meet and abide by all applicable City Codes and Ordinances. 10. A cash bond of $1,000.00 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to the approval of the Community Development Director or designee. 11. The Applicant shall comply with the City's Noise Ordinance at all.times. 12. The Applicant shall provide landscape improvements and full irrigation to all slope areas along Mission Trail and planter areas within the parking area of the property. Landscape improvements, including functioning irrigation shall be inspected and approved by the City Landscape Plan Check/Inspector at the applicant's cost. 13. Planting within fifteen feet (15') of ingress /egress points shall be no higher than 36 inches. 14. The applicant shall submit a check in the amount of $64.00 made payable to the County of Riverside for a Notice of Exemption. The check shall be submitted to the Planning Division for processing within 48 hours of the projects approval. 15. All requirements of the Riverside County Fire Department and Riverside County , Sheriff Department shall be met and adhered to at all times. 16. A copy of these conditions of approval shall be kept on site at all times and shall be made available for review to any government official conducting official business. 17. Deleted by Planning Commission 516108 18. Deleted by Planning Commission 5161f08 19. Adequate security personnel shall be provided by the applicant for all events conducting live entertainment (bands, DJ, karaoke, etc.). Furthermore, the property owner shall provide state licensed and bonded security staffing to effectively patrol the exterior of the property and interior during live entertainment events. Security staff will make every effort to prevent breaches of the peace, prohibit loitering, and Provide for the general safety of Trevi Entertainment patrons. Security personnel Provided by customers renting the facility is prohibited. Modified by Planning Commission 06/16/09 Page 91 of 163 20. The operation shall maintain suitable kitchen facilities for the cooking of an assortment of foods, which may be required for meals and adequate seating arrangements for sit -down patrons provided on the premises. 21. Alcoholic beverages are sold or dispensed for consumption on the premises only when served at tables or sit -down counters by employees of the restaurant. 22. The sale of alcohol for consumption off the premises is prohibited. 23. The owner, manager, or person in charge of the establishment shall be 21 years or older. At least one such person shall be present on the premises during all business hours of operation. 24. All improvements on the property will be continuously maintained, including repairs to structures and replacement of dead or diseased plant material. 25. The Planning Commission reserves the right to hold a public hearing to consider the revocation of this permit, or the imposition of additional conditions, if the Commission determines that such action is warranted. 26. Sales and service of alcoholic beverages within areas conducting live entertainment shall be permitted only between 9 p.m. and midnight. Other areas of the facility shall maintain the following hours of operation: • 11 a.m. to 11p.m. Monday through Thursday • 9 a.m. to 1 a.m. on Fridays and Saturdays • 9 a.m. to 11 p.m. on Sundays. • In the event that hours of operation are extended, alcohol service shall cease no later than one (1) hour prior to closing. 27. Areas of the premises not including the restaurant area and the "Elks" facility shall be maintained as an entertainment/bowling center, restaurant, and arcade and shall provide a menu containing an assortment of food as offered in such restaurants. Any discontinuation to the aforementioned uses will require a new Conditional Use Permit for live entertainment. 28. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records which reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said reports shall be kept no less frequently than on a quarterly basis and shall be made available to the City on demand. 29. facility. At no time shall there be a requirement to purchase a minimum number of alcoholic beverages. Modified by Planning Commission 516108 Page 92 of 163 30. The rear doors of the premises shall be equipped on the inside with an automatic locking device and shall be closed at all times, and shall not be used as a means of access by patrons to and from the licensed premises. Temporary use of these doors for delivery of supplies does not constitute a violation. Further, the doors and associated locking hardware shall comply with all building code requirements. 31. Security staff for the remainder of the facility shall be provided as outlined in the submitted Operation /Safety plan. Security staff shall be increased if requested by the Chief of Police. 32. The installation of high quality security surveillance cameras, recorders, and monitors at mutually agreed upon location shall be installed and maintained in good operating condition. 33. Superseded by Condition No. 53 34. The operator shall cooperate and assist the Riverside County Sheriff in the active prosecution of criminals who have victimized the business or its patrons. 35. Upon site inspection, if it is determined that the site has insufficient lighting, the Community Development Director and /or Riverside County Sheriff Department may require additional lighting in front of the building or in the parking lot area. 36. No pay phone will be maintained on the exterior of the premises. Pay phones on the premises may not accept incoming calls. 37. Loitering is prohibited on or around these premises or the area under the control of the license /petitioner. 38. No obstructions shall be attached, fastened or connected to either the partitions or ceiling to separate booths /dining areas within the interior space of the licensed premises. . 39. The licensee /petitioner shall not maintain or construct any type of enclosed booth intended for use by patrons or customers for any purpose. 40. No employee or agent shall be permitted to accept money or any other thing of value from a customer for the purpose of sitting or otherwise spending time with customers while in the premises, nor shall the licensee /petitioner provide or permit, or make available either gratuitous or for compensation, male or female persons who act as escorts, companions, or guests of and for the customers. 41. No employee or agent shall solicit or accept any alcoholic . or non - alcoholic beverage from any customer while in the premises. Page 93 of 163 42. Any graffiti painted or marked upon the premises or any adjacent area under the control of the licensee /petitioner shall be removed or painted over within 24 hours of being applied. 43. Outdoor storage on any portion of the property is prohibited. 44. All requirements of CUP No. 2007 -01 shall be adhered to, unless specifically modified by this approval (CUP No. 2008 -09). 45. All requirements and regulations of the State Department of Alcoholic Beverage Control (ABC) shall be adhered to at all times. 46. A Uniform Sign Program application shall be submitted and approved for the detached sign and numerous wall signs that have been installed without Planning Commission review. ENGINEERING DIVISION GENERAL 47.All Public works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit 48. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR &R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. DRAINAGE 49.AII On -site drainage shall be conveyed to a public facility, or accepted by adjacent property owners by a notarized letter of drainage acceptance, or conveyed to a drainage easement. 50. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 51.AII roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs shall drain to a landscaped area. Driveways shall be sloped to drain into landscaping prior to entering street facilities. STORMWATERI CLEANWA TER PROTECTION PROGRAM 52. The City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances 2rohibit the discharge of waste into storm drain system or local surface Page 94 of 163 waters. This includes non -storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures-are available at City Hall. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways - without Regional Water Quality Control Board permit or waver — is strictly prohibited by local ordinances and state and federal law. RIVERSIDE COUNTY FIRE DEPARTMENT See Attachment No. 8 LAKE ELSINORE POLICE DEPARTMENT (RIVERSIDE COUNTY SHERIFFl Added by City Council on July 22, 2008 53.AII existing security cameras are to be continuously and actively monitored by dedicated security personnel during business hours between 5pm and until closing every business day. 54.The owner of Trevi will maintain an adequate number of trained, adult security employees on duty at all times during business hours, dedicated to the safety and security function with no less than two (2) clearly identified trained security officers per 100 persons occupying (or anticipated to occupy) the interior rooms /areas where alcohol is served or where there are special events open to the public (including private parties, DJ /live music, dances, etc.) from 5pm until closing each business day, and two (2) security personnel dedicated to the exterior of the facility (parking lot, patios, etc_) to insure pedestrian and vehicle safety /security from 5 pm until closing each business day. 55.Security staff shall be increased as directed by the Chief of Police in the event existing security arrangements prove to be inadequate as determined by the Chief of Police. 56. Business management will immediately alert law enforcement when there are any violations of law or unruly behavior occurring on the premises. 57.The operation shall not allow any events to result in the over population of rooms /areas as defined in the maximum occupancy requirements set forth by the City and the Fire Department in the approved building plans. 58.Trevi will not be permitted to allow live dancers, fashion shows, lingerie, or any other modeling events to occur on the premises apart from or in conjunction with the afore - described events. Page 95 of 163 59.The business managementlowners shall fully cooperate with and assist law enforcement in the identification of criminals and criminal activity, and the active Prosecution of criminals who have victimized the business or its patrons. 60.Trevi will insure that all Alcoholic Beverage Control (ABC) laws, regulations, requirements are strictly adhered to by management and staff. 61 -The CUP shall be reviewed by the City Council in six (6) months and shall include a review of the operation of the Trevi Center and the demand on police resources at the end of the six -month period as well as recommendations from City staff and the Chief of Police. 62. The business operator will provide a minimum thirty (30) day notification, in writing, ff) Departmen t, to the Community Development Department, Police (Sheriff) and Riverside County Fire Department, of any scheduled event that may approach maximum occupancy limits. The notification shall include the following: a. Copies of all proposed advertisements, flyers, brochures, and a list of advertisement locations (such as websites, newspaper, television, etc.). b nfotlmafiled security plan which, minimally, provides the following i. Date of Event ii. Event hours of operation iii. Name, and contact information (phone numbers) for the person in- charge of the event. The person listed as in- charge must be present, on the property, throughout the entire event. iv. Name, and contact information (phone numbers) for the Trevi manager or supervisor who will be present during the event. v. Name, and contact information (phone numbers) for the supervising, or lead, security person present during the event. vi. 24 hour contact information for the security agency contracting with the property owner. vii. Detailed description of the event that identifies whether live bands, Disc Jockeys, or other entertainment will be present. viii. Whether alcohol will be served or not. ix. Anticipated attendance. x. Planned cover charges. c. The Community Development Department, Police (Sheriff), or Fire Department may reject submitted security plans and /or require reasonable changes. Added by Planning Commission 06116109 Page 96 of 163 63. Private events shall go no later than 3 am nor before 8 am. Added by Planning • Commission 06/16109 64.The business operator shall work with neighboring businesses, particularly the adjacent motel /hotel facilities, to mitigate potential noise disturbances arising from events occurring on the Trevi property. Added by Planning Commission 06116109 End of Conditions Page 97 of 163 CITY OF LAKE �a�LSI� pI�E VDREAM EXTAEME December 19, 2008 Michel Knight Trevi Lanes 32250 Mission Trail Lake Elsinore, CA 92530 Re: Recent Site Inspection and 6 -Month Conditional Use Permit Review Dear Mr. Knight Thank you for giving Community Development Department and County Fire Department staff the opportunity to visit your business establishment last week. Based on the inspection of the building, there are several areas of concem that need to be addressed. They are as follows: There is a large performance stage that has been constructed in the sports bar area of the facility. The location of the new stage was previously an enclosed area containing meeting rooms. The removal/demolition of the meeting rooms and the new elevated stage, including the ramp to the 'backstage' area, was never submitted for Planning Division, Building and Safety, or Fire Department review and was not included in your Conditional Use Permit. Approvals for this new construction are required. A floor plan, including construction details, needs to be submitted for review and approval. 2. Upon inspection of the video surveillance office area, screens and monitors were turned off and no monitoring was taking place. Also, upon a request to view surveillance footage from earlier in the day, it was indicated that the video monitoring system had 'crashed' and would need to be repaired. Per the conditions of approval, monitoring and proper operation of surveillance equipment is required at all times. 3. A new stage has been constructed in the former "Elks" area, in the northeast corner of the facility, without approval. 4. Graffiti was observed on exterior areas of the property (light poles, bollards, utility boxes). Per the conditions of approval, all graffiti must be removed within 24 hours. 9S 1.674 3124 130 S. MAN STREET LAKE ELSINORF. (A 92530 WWW-LAKE- ELSINORE.ORC Page 98 of 163 Trevi Lanes December 19, 2008 Page 2 Restaurantf "lilusions" Area 5. Several doors within this area did not have' proper panic hardware installed_ Additionally, the front entrylexit doors to this area were chained and padlocked on the inside, creating an unsafe condition. 6. The trellis structure and electrical work completed in the outdoor patio area was done without approvals. 7. Mandatory exits to the patio and Illusions area were padlocked, creating and unsafe condition. 8. Fire sprinkler heads in the kitchen area were blocked by storage materials. Fire sprinkler heads should be kept clear and unobstructed in all areas of the facility at all times. 9. Unpermitted interior tenant improvement work was observed. Please obtain permits and/or review scope of work with the Building and Safety Division prior to commencement. As you are aware, City Council review of your Conditional Use Permit is forthcoming and the above listed items should be addressed as soon as possible. We will continue to work with you in order to achieve full compliance with the conditions of approval as well as other regulations,-, Please do not hesitate to contact me at 951 - 674 -3124 Ext. 270, or for Building and Safety matters, Robin Chipman at 951 -674 -3124 Ext. 226. Thank you for giving the City of Lake Elsinore the opportunity to assist you. Sincerely, Community Development Department Planning Division Tom Weiner Acting Community Development Director a Bob Brady, City Manager Robin Chipman, Building and Safety Manager Page 99 of 163 CITY OF -, L =�Cog, LST�PE DREAM E;REME Apfil 9, 2009 Michel Knight Trevi Lanes/Trevi Entertainment Center 32250 Mission Trail Lake Elsinore, CA 92591 Re: Modification to Live Entertainment CUP and 90-day Suspension Period Dear Mr. Knight, As you are aware, during a public hearing on February 17, 2009, the Planning Commission . issued a 90-day suspension of your Conditional Use Permit related to live entertainment at the facility. This suspension, which became effective on Wednesday March 4, 2009, restricts the facility from conducting concerts, night clubs, and similar events. The suspension runs through Wednesday June 3, 2009. Your current application for modification to the live entertainment CUP (2008.09) will be Processed and is tentatively scheduled for consideration at the June 16, 2009 Commission meeting, which is the next available meeting from the conclu: day suspension period. -R g � 9ncYl;e. a. ,_.. In the interim, you have the option of submitting for B of the proposed stage area that is requested in your form (attached) is already on rile with the Building DN ($861.00) and plans have not been submitted. It i three (3) complete sets of plans be submitted if ' check only) approval process ahead of timeO Permits and inspections can commence afteE i?y� The Community Development Der Please do not hesitate to contact me Sincerely, City of Lake Elsinore Community t Tom ;WWe einer Acting Community Development c: Honorable Mayor and City Council Bob Brady, City Manager Attachments 351.674.3124 .30 S. MAIN STREET AU ErsINORE. CA 92530 VWW AKE- EESINORE.ORG adding Division (pl rt is finalized, building or Your continued cooperation. 270 with any questions. Page 100 of 163 CITY OF LAS �LSII�IORE .,� DREAM UXTREME PROPERTY ADDRESS: Contact Person: ff /f F69r. Po e_,7nG1A COIVIMUNI TY DEVELOPMENT BUILDING DIVISION PLAN CHECK SU- BMTTALS Telephone No. 69s1) Permit ApplicafiOn No: 9 �� Date Is`Submittal: — ;:5� �_Iruti -Plan Checker: Date returned from Plan Check: Status: - - -� Date notified Applicant: S ��/j --sir 7— Date Picked up: �yj �- hutia Date 2 n Submittal: Applica _ ALE itial Plan Checker: Date returned from Plan Check: D Status: Date notified Applicant: Date Picked up: i� Initial: 4Arppr) � nt � -- Date 3`a Submittal: ----__ Initial Plan Checker Date returned from Plan Check: Status: Date notified Applicant: —__ Date Picked up: Initial: Applicant Planning Approval: - -- ____._DATE Sent: DATE APPROVED: Engineering Approval: __DATE Sent: DATE APPROVED: Fire Dept. Approval --_DATE Sent: DATE APPROVED: DATE Received School Fee (If Area > 500 SF): _ DATE Received Health Department Approval: — Location: Date Permit Issued: Tech: U :\Building & Safety\Forms\planchecklog.doc Created on 8/8/2008 1:51:( Page 101 of 163 Memorandum Date: 1/20/2009 RIVERSIDE COUNTY Sheriff's Department Stanley Sniff,. Sheriff - Coroner Lake Elsinore Station To: Bob. Brady, Lake Elsinore City Manager From: Captain Cleary Subject: Trevi Zone Update The Trevi Entertainment Center opened for business in the City of Lake Elsinore on June 11, 2007. At its inception, the center was praised within the community as a destination for all ages. The location included bowling, an arcade, food and a full bar. Since then there have been several issues that have affected Lake Elsinore Police Department and the City. The business began attracting large crowds, parking lots were overflowing, and issues began inside and outside of the facility. In May 2008, then Chief of Police Louis Fetherolf appealed the decisions made by the Planning Commission regarding the CUP for the location. He was concerned about the change from a family oriented business to an adult- oriented business. The highlights are as follows; • The original proposal did not include a "nightclub." The nightclub was opened and resulted in disturbances that drew law enforcement responses until it was shut down by city code enforcement. • The Planning Commission struck several CUP requirements recommended by Chief Fetherolf from the final CUP requirements. • Security cameras have been inoperable on several occasions and not monitored. • There have been numerous complaints from neighboring businesses about the consistent noise and criminal activity generated at Trevi. • The owner /management of Trevi have not demonstrated responsible business practices since they began operating in the city. • The presence of the nightclub has and will draw a large crowd to the facility. Nightclubs historically attract a contingent of disreputable persons and require monitoring by police and state agencies. With this type of business will also come Page 102 of 163 alcohol related issues, i.e., assaults; DUI's, underage drinking, vice, and narcotic issues. This will cause a strain on your limited police resources and pull resources from other areas. • May 2008, the Trevi nightclub was determined to be unauthorized under the CUP and shut down by city code enforcement. • August 2008, the nightclub was again operating and they were cif by code enforcement. They were not shut down. \ • October 2008, an event permit was requested for "Cruise for the Cause," benefiting several local charities, was denied because they would not agree to proposed security measures offered by the Police Department. A scaled down event was held at the location without incident. Notable incidents occurring at the Trevi location (or related) since it opened are as follows; • November 2007, deputies investigated an allegation of false imprisonment by the business owner. The final report was submitted to the District Attorney for a filing of charges, but the request was denied due to lack of evidence (1-07313001). • December 2007, deputies responded to reports of a large fight occurring within the premises (1-07335101). During the altercation, the owner was assaulted and rendered unconscious. • July 27, 2008, Fatal DUI traffic collision on Corydon between Grand and Union Street. The deceased, who caused the accident and her passenger, were reportedly coming from Trevi (WI07208030). • There have been several complaints from the nearby hotel regarding the noise generated from Trevi (LN08181005, midnight, June 29, 2008/ LN08166013, 2:36_ , ..a.m. June 14, 2008/ LN08178142, 11:24 p.m. June 26, 20081 LN08187170, 10 p.m. July 5, 2008). • August 2008, we responded to a reported theft of a vehicle from the parking lot of the entertainment center. During the course of the investigation, the police department made several requests for surveillance video that might have provided leads to help solve the theft. We were finally told that the video did not exist (1-08230080). • September 27, 2008, at half past midnight deputies responded to a report of a large fight occurring at the Trevi location. One of the participants is arrested for being publicly intoxicated (1-08271005). 2 Page 103 of 163 October 10, 2008, a patron of Trevi reports he was assaulted by Trevi security . officers. During the course of the investigation, it is determined that the subject had probably been involved in altercations with other patrons and was escorted out of the facility by security. The subject became uncooperative during the investigation and the investigation was suspended (L08284045). • We have also been called several times by security requesting assistance regarding issues they are having. Other calls reference noise disturbances at Trevi; Oct. 24, 2008, at 11 :26 p.m. LN082981211 Nov. 1, 2008, at 11:23 P.M. LN08306084/ Nov. 15, 2008, at 10:22 p.m. LN08320081/ Nov. 28, 2008, at 10 :19 p.m. LN08333140 Most recently, the weekend of January 11, 2009 we were called to Trevi twice due to complaints from the Best Western hotel (LN09010077 and 086, 11 p.m. and 11 :44 p.m.) regarding loud music. We were called back to the location at about 2:50 a.m. due to a reported overdose. Upon arrival there were hundreds (1,boo to 2,000) of patrons about the business and parking lot. The owner, promoter, or on duty manager decided to end the event. This event was scheduled to go to 5 a.m. Due to the large number of patrons and the propensity for some type of problem to arise, at least nine units responded to the location and engaged in crowd dispersal until about 4 a.m. The victim of the overdose, a 22- year -old female, was later found to be in possession of narcotics and will be charged with possession (1-09011014 and L09011019). A quick Google search revealed the following; • There is MySpace advertising for similar party events at Trevi in February 2009, that also allude to similar events beginning at 9 p.m. every weekend at the Candy Ravers Club, Electro Groove, and House Grinded Bits location. • Flyers for these events market Trevi as a New Social Rave Club Culture Venue... They also advertise these events will be active from 11 p.m. until 5 a.m. to the 18 years and older crowd. A demonstration of the interior atmosphere (live band playing) at a similar Trevi event can be found at; http : / /yids myspace.com /index cfm ?fuseaction =vids individual &videoid 48392311 &s ear, This shows Precise playing a set on December 4, 2008 at the Trevi Night Club. Flyers for Trevi's, The Playground Hip Hop, Adios Mutha Fridays, and 3 Page 104 of 163 "Buddafest" events can also be found on the wholesome looking Trevi Website — www.trevifamilventertainment com Assessment: . Overall, in reviewing the incident. activity in and around the Trevi property my most serious concerns have to do with the weekend departure from a "family" oriented destination. Trevi is marketing the bar area as a boisterous party place, which seemingly allows the lowering of general inhibitions regarding behavior and concern for the peace and quiet of Trevi's neighbors. Trevi must be more responsible with its own business model. More importantly, the repeated no limits "Rave" atmosphere that is becoming more .regular at Trevi is very concerning. It is this type of event that can have the highest probability of igniting conflict, victimization, or tragedy and a significant law enforcement response. Additionally a method must be developed to ensure Trevi is complying with the promises they made to the City when they received approval to operate. There must also be significant consequences when that trust is violated. Recommendation: Direct the Planning Commission to work with the Police Department, Cal Fire, and Code Enforcement to develop recommended modifications to the existing conditional use permit, (CUP 2007 -01, and 2008 -09) such as the following examples; 1. Property owner to provide adequate security staffing to monitor video surveillance equipment as agreed to in the existing General Conditions (Item #33). 2. Property owner to provide adequate state licensed and bonded security staffing to effectively patrol the exterior property (front, side, and rear parking areas) and interior of the facility. a. Security staff are expected make every effort to prevent breaches of the peace, prohibit loitering, and provide for the general safety of Trevi Entertainment patrons. 3. Property owner will provide a minimum of two weeks notification, in writing, to City Code Enforcement, Police, and Fire of any scheduled event likely to generate attendance in excess of occupancy limits. a. Notification will include copies of all proposed advisements, flyers, brochures, and a list of advertisement locations (such as websites, newspapers, and television media.) b. As part of the notification for each event, the property owner will provide each department with a detailed security plan which minimally provides 4 Page 105 of 163 the following information; i. Date of Event ii. Event hours of operation iii. Name, and contact information (phone numbers) for the person in- charge of the event. The person listed as in- charge must be present, on the property, throughout the entire event. iv. Name, and contact information (phone numbers) for the Trevi manager or supervisor who will be present during the event. v. Name, and contact information (phone numbers) for the supervising, or lead, security person present during the event. vi. 24 hour contact information for the security agency contracting with the property owner. vii. Detailed description of the event that identifies whether live bands, Disc Jockeys, or other entertainment will be present. viii. Whether alcohol will be served or not. ix. Anticipated attendance: x. Planned cover charges. c. Code Enforcement, Police, and Fire may reject submitted security plans and require reasonable changes to the plan. 4. Private events shall not go later than 3 a.m. nor before 8 a.m. .5. No alcohol will be served after 2 a.m. 6. .Property owner shall work with neighboring businesses, particularly the nearby motels and hotels, to mitigate potential noise disturbances arising.from events occurring on Trevi property. 5 Page 106 of 163 Myspace.com: Music - Show Details Pagel of l What shape would the two shaves below make if ®n New to MySpace Music? Click here to find out how to make a playlist, add a song to your profile s ivy - - - - -- - - —awreo playllsts I top Back to Band Profile � 9. !zrgtf&Vfery Fri.Sat.Sun from 02 -08 -20049 21:00 at HOUSE GRINDED BITS sissidn Trail, Lake Elsinore, California ROOKMS $10 HOUSE GRINDED BITS every Sunday @ NeoDisKoTek @ TREVI _ Our future new Weekly Rave Club Fri- Sat -Sun :) >> > More TBA Located @ TREVI Entertainment Center 32250 Mission Trail Lake Elsinore, CA. 92530 About I FAQ I Terms I erivacy_Policy I Safet _Ti_s -- "- _ __..y P I Contact MySpace I Report Abuse I Advertise New! Music• Search ©2003 -2008 MySpace.com. All Rights Reserved. Page 108 of 163 http:// music. myspace .conVindex.efm ?fuseaction--nn,zir, chnix,Il >r.,:L,v.o„ rn _ mYsPace.com: Music - Show Details Page 1 of 1 : What shape would the two shapes below make if A.. M B• G. - -- _V__. -n-K ,sere co rind out how to make a pTaylist, add a song to your profile r »1 N Pr-'V s;-:. my music I music videos I featured playlists I top Back to Band Profile I �!s�C$t Very Fri.Sat.Sun from 02-06 ?x729 21:00 at CANDY RAVERS CLUB Q ?r 172 Trail, Lake Elsinore, California os ree $5 $10 CANDY RAVERS CLUB every friday -@ NeoDisKoTek CO) TREVI _ Our future new Weekly Rave Club Fri -Sat -Sun :) >>> More TBA Located @ TREVI Entertainment Center 32250 Mission Trail Lake Elsinore, CA. 92530 About I FAQ I. Terms I Privacy_Policy I Safety Tips I Contact MYSpace j Report Abuse I Advertise New! I My' Music• Search ©2003 -2008 MySpace.com. All Rights Reserved. Page 109 of 163 httu: / /Music.mvsDace.com/ index- cfm? fuseacti0n= music.showDe.tnilq,p�Rnn(i chAI -, Tn =nc , JP TAW 41, A_ Nov - _ _ 3 Y )5Y t "< not. �i 0 4 s i yjJ, / A'e'V J i 3 rJ � A y lot PSI �d tees lyh � "s ,. 1 71 �L - ial' fk f.14 be owl to Le fb } �y 4 Nd • w 4 w�.p� ' em µ Sr f �'i Y it ' 21Y j�'(�Aal•r.i '. vim soNye .'4 . INA inA° . �:,�`eD W=i0.m �T nA t 1 '�5 e M' .1P . i r1 m TTTg444 A '�a r �T nA t 1 '�5 e M' .1P . r1 m TTTg444 A '�a r + Precise at Trevi Entertainment Zone Video by Mayson - MySpace Video Page I of 3 videa video charts channels pri Precise at Trevi Entertainment Zone -- - nave to t- avorites Rate It: Rating: Embed Code:. <a href= "http: / /vids.r Video URL: httpl /vids.myspace., ekFlag as Inappropriate Page 112 of 163 http: / /vids.myspace.coml index. cfm? fuseaction= vids ,indivirjnalw.,i,ip„„a_na:o ,),2 „ o r I Precise at-Trevi Eirterworiient Zone Video by Mayson - Myspace Video Page 2 of 3 Description: Precise Perform at Trevi nightclub with SugaFree on Dec.4 MySpace: more about this video More Mayson Videos C e web. ( Post Bulletin Send Mail Post Blog iQ SHRRE3 t Concert (6:57) - el... (2:10) Text Comments (p) Be the first to add a comment, —u„ ue iq gea -in to leave, Add a TeA Comment En... (2:29) All Mayson Videos SF Add a Text Comment 300 Character limit Posting Spam is prohibited and is subject to deletion of your account. Submit Comment Cancel Page 113 of 163 http:// vids. myspace .com/index,CfM ?fuseaction =vids inclivi, imIR.,,:.+o,.:,, —A onn�l I , . _ "Curie at I revs 4nterWmnent Zone Video - by Mayson - MySpace Video Page') of 3 Search Videos Search I About I FAQ I Terms I Privacy Policy Safety Tips ?s 1 q5lqtac.t. MYS"qq I 9qP9q APYSq I Adv"se New. I My' Web, Search @)2003-2008 MySpace.com. All Rights — R�erved. Page 114 of 163 http://vids.myspace,corfi/index.cfm?ftlseaction= vid-- indiVid, In On I I I o--- CITY OE LAKE (:2) LSII`IOIE DREAM E)C7'REME„ REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: TOM WEINER DIRECTOR OF COMMUNITY DEVELOPMENT DATE: DECEMBER 15, 2009 SUBJECT: SIX (6) MONTH REVIEW REGARDING CONDITIONAL USE PERMIT NO. 2008 -09 FOR LIVE MUSIC, DANCING, AND ENTERTAINMENT WITHIN THE. RESTAURANT AREA OF AN EXISTING BOWLING AND ENTERTAINMENT CENTER (TREVI LANES) LOCATED AT 32250 MISSION TRAIL, LAKE ELSINORE, CA 92530 Background and Discussion On June 16, 2009, the Planning Commission reviewed a request by Trevi Lanes to modify the existing live entertainment CUP in order to approve a previously constructed 700 square foot stage. The stage is located in the sports bar area of the facility Planning Commission ultimately approved the stage and modified several conditions of . The approval as requested by the Chief of Police. The aforementioned June 16, 2009 CUP modification request was brought forward after the Planning Commission imposed 90- day suspension period of the Live Entertainment CUP (No. 2008 -09) had concluded. In addition to the actions taken above, a majority of the Planning Commission directed staff to return with a 6 -month review /status report of the Trevi operation. The following matrix reflects Planning Commission and City Council actions regarding Trevi operations dating back to March 2007. Page 115 of 163 _ Trevi Lanes Status Report December 15, 2009 Page 2 May 6, 2008 I CUP 2008 -09 for I Planning I Approved with live music, dancing, Commission modified conditions and entertainment June 10, 2008 I Appeal of CUP I City Council I Continued Approved with July 22, 2008 Appeal of CUP City Council further. modifications 2008.09 (continued to the conditions of Over the past several months, inspections have been conducted by Community Development Staff, Riverside County Sheriff Staff, as well as Riverside County Fire Department Staff. In addition, The Chief of Police has provided two separate memos to staff during the 6 -month time period regarding incidents at the Trevi Lanes location. A timeline of inspections and notifications is as follows: September 18, 2009 A memorandum generated by the Chief of Police was forwarded to the City citing incidents at the Trevi Lanes facility. The memo also outlined calls for service as well as the types of calls that were handled by the Lake Elsinore Sheriff Department. Lastly, violations of police recommended conditions of approval are also noted. This memo is included as Attachment 1 of this report. The Chief of Police provided a follow up memorandum on December 1, 2009 (Attachment 2), which is discussed later in this timeline. Page 116 of 163 review /progress Kererred matter to Planning January 27, 2009 report of City Council Commission for CUP 2008 -09 revocation live entertainment consideration February 17, 2009 Revocation Hearing Planning Suspended CUP Commission 2008 -09 for a period of 90 days Modification. of CUP Approved Stage June 16, 2009 No. 2008 -09 Planning and Directed Staff (New Stage Commission to Return with Sports Bar Area) 6 -Month Review Over the past several months, inspections have been conducted by Community Development Staff, Riverside County Sheriff Staff, as well as Riverside County Fire Department Staff. In addition, The Chief of Police has provided two separate memos to staff during the 6 -month time period regarding incidents at the Trevi Lanes location. A timeline of inspections and notifications is as follows: September 18, 2009 A memorandum generated by the Chief of Police was forwarded to the City citing incidents at the Trevi Lanes facility. The memo also outlined calls for service as well as the types of calls that were handled by the Lake Elsinore Sheriff Department. Lastly, violations of police recommended conditions of approval are also noted. This memo is included as Attachment 1 of this report. The Chief of Police provided a follow up memorandum on December 1, 2009 (Attachment 2), which is discussed later in this timeline. Page 116 of 163 Trevi Lanes Status Report December 15, 2009 Page 3 September 25 2009 City Staff met with the Chief of Police in order to discuss the information outlined in the September 18, 2009 memo. September 30 2009 City Code Enforcement and Building Division Staff conducted an inspection of the Trevi Lanes facility. Based on this inspection, the business operator was issued five (5) separate citations for the following Municipal Code violations: I. Violation of Lake Elsinore Municipal Code Section 17.07.070 and Condition of Approval No. 7 on CUP 2009 -09 (All site improvements to be constructed per approved building division plan check) Building Division inspection on September 30, 2009 revealed a constructed kitchen area adjacent to the "IflusionsWestaurant portion of the facility as well as a stage area in the sports bar portion of the facility. Both the aforementioned kitchen and stage do not have building permits orbuilding plan check approval. 2. Violation of Lake Elsinore Municipal Code Section 17.07.070 and Condition of Approval No. 53 on CUP 2009 -09 (Failure to provide adequate monitoring of security cameras) From the time that the modification to CUP 2009 -08 was approved in June 2009 to current, criminal incidents occuring at the Trevi Lanes facility have been reported by Trevi Entertainment to the Sheriff's Department. On August 19, 2009, a vehicle burglary in the Trevi parking lot was reported to the Sheriffs Department. As part of its investigation, the Sheriffs Department requested a copy of the surveillance for August 19; 2009. Trevi management was unable to produce the surveillance and explained to the Sheriffs Department that the surveillance system was inoperable at the time the event occurred. 3. Violation of Section 105.1 of the California Building Code and Chapter 15.04 of the Lake Elsinore Municipal Code (Lack of Required Building Permit) Chapter 15.04 of the Lake Elsinore Municipal Code adopts by reference the California Building Code. Section 105.1 of the California Building Code requires that building permits for construction be obtained from the City. The kitchen located adjacent to the "Illusions" area was constructed and put into use without building plans, building permits, or approvals from the City of Lake Elsinore, Riverside County Fire Department, and Riverside County Health Department. 4. Violation of Section 105.1 of the California Building Code and Chapter 15.04 of the Lake Elsinore Municipal Code (Lack of Required Building Permit) Page 117 of 163 Trevi Lanes Status Report December 15, 2009 Page 4 Chapter 15.04 of the La California Building Code. that building permits for located in the sports ba permits. re Elsinore Municipal Code adopts by reference the Section 105.1 of the California Building Code requires construction be obtained from the City. The stage area of the facility is being used without building 5. Violation of Section 1008.1.8.3 of the Uniform Fire Code and Chapter 15.56 of the Lake Elsinore Municipal Code (Locks and Latches) Chapter 15.56 of the Lake Elsinore Municipal Code adopts by reference the Uniform Fire Code. Section 1008.1.8.3 of the Uniform Fire Code prohibits required exits to be locked. A Riverside County Sheriff surveillance detail was conducted on September 3, 2009 at the Trevi facility during a `foam party" night club event in the "Illusions" /restaurant area of the facility. A marked emergency exit door in the adjacent patio area was observed, by deputies, to be padlocked shut. Photographs were taken. The citations issued carried a $100 fine (each). Copies of the citations have not been included as an attachment to this report. October 6, 2009 Riverside County Fire Department Staff conducted an inspection of the facility. Based on this inspection, a correction notice was issued reflecting items needed to be addressed for compliance. These items included, but were not limited to: fire extinguisher servicing, servicing of hood and duct systems, storage in sensitive areas, and exit obstruction. The inspection notice is included as Attachment 3. October 8, 2009 City Code Enforcement and Building Division Staff conducted a follow -up inspection of the Trevi facility. A notice was issued advising Trevi Lanes to submit plans for a banquet room within the facility that was converted into a bar and food room. The notice also reflected operator compliance with several previously deficient items. Items that were noted in compliance are as follows: 1. All doors checking OK and in working order. 2. Surveillance system checking OK and in working order. 3. Kitchen and stage area not being used. The above referenced notice is included as Attachment 4. November 18, 2009 Riverside County Fire Department Staff conducted a follow up inspection of the facility. This inspection revealed that nearly all of the violations noted in the October 6, 2009 Page 118 of 163 — Trevi Lanes Status Report December 15, 2009 Page 5 Fire Department inspection had been addressed. An inspection notice was issued and is included as Attachment 5. November 24 2009 Riverside County Fire Department Staff conducted a follow up inspection of the facility. An inspection notice was issued noting corrective action required for an observed exit obstruction. The inspection notice is included as Attachment 6. December 1 2009 An updated memorandum generated by the Chief of Police was forwarded to the City citing incidents at the Trevi Lanes facility. The memo also outlined calls for service as well as the types of calls that were handled by the Lake Elsinore Sheriff Department. This memo is included as Attachment 2 of this report. In addition to the inspections and notifications listed above, the recently approved sports bar stage area (modification to CUP 2008 -09) has been in the Building Division plan check and inspection process_ The Building Division plan check and inspection chronology for the stage is as follows: • April 15, 2009 — Plans submitted for two (2) stages, outside patio, and doors. • May 5, 2009 —plans returned from plan check with corrections. • May 5, 2009 — plans picked up by applicant. • May 19, 2009 — plans re- submitted for plan check. • June 3, 2009 — plans returned from plan check with corrections. • June 8, 2009 — plans picked up by applicant. • July 9, 2009 — plans re- submitted for plan check. • July 21, 2009 — plans returned from plan check with corrections. • July 22, 2009 — plans picked up by applicant. • September 15, 2009 — plans re- submitted for plan check. • September 23, 2009 — plans returned from plan check with corrections. • October 5, 2009 — plans picked up by applicant. Page 119 of 163 Trevi Lanes Status Report December 15, 2009 Page 6 October 27, 2009 The Senior Building Inspector met with the Trevi representative at City Hall to discuss pending plan check corrections. He was given direction on what changes needed to be made. • November 3, 2009 — Trevi representative returns to City Hall with revised plans. Bill and Robin review changes and approve plans. The plans have been structurally approved since November 3, 2009. The applicant has not come back to obtain the Building Permit and start the process of inspection. A Building Division "Plan Check Submittal Log" (Attachment 7) is also included for reference. Recommendation Receive and file. Prepared by: Tom Weiner Director of Community Development Attachments: 1. Memorandum from Chief of Police dated September 18, 2009 2. Memorandum from Chief of Police dated December 1, 2009 3. Riverside County Fire Inspection Notice dated October 6; 2009 4. Lake Elsinore Building and Safety Inspection Notice dated October 8, 2009 5. Riverside County Fire Inspection Notice dated November 18, 2009 6. Riverside County Fire Inspection Notice dated November 24, 2009 7. Building Division "Plan Check Submittal Log" for Stage plan approval submittal. Page 120 of 163 Trevi — September 2009 September 18, 2009 Bob Brady Lake Elsinore City Manager Subject: Trevi Entertainment Update, September 2009 Recap: The Trevi Entertainment Center opened for business in the city of Lake Elsinore on June 11, 2007. Since inception, the Conditional Use Permit (CUP) has undergone two separate revisions. These revisions were deemed necessary by the City Council, Planning Commission and Police Department to address various public health and safety concerns. The first revision occurred on July 22, 2008 . after Lake Elsinore Police Department Chief Louis Fetherolf shared several concerns with the City Council. As a result ofevaluating these issues, several additional conditions were added to the use permit. Th were as follows: e additions made by the City Council 53. All existing security cameras are to be continuously and actively monitored by dedicated security personnel during business hours between 5pm and closing every business day. 54. The owner of Trevi will maintain an adequate number of trained, adult security employees on duty at all times during business hours, dedicated to the safety and security function with no less than two (2) clearly identified trained security officers per 100 persons occupying (or anticipated to occupy) the interior rooms /areas where alcohol is served or where there are special events open to the public (including private parties, DJ /live music, dances etc.) from 5pm until closing each business day, and two (2) security personnel dedicated to the exterior of the facility (parking lot, patios, etc.) to ensure pedestrian and vehicle..sa#ety/seeurty {rom fpm uct#id:.:c losing each - business -day: 55. Security staff shall be increased as directed by the Chief of Police in the event existing security arrangements prove to be inadequate as determined by the Chief of Police. 1 of 8 Page 121 of 163 56. Business management will imm Trevi — September 2009 ediately alert law enforcement when there are any violations of law or unruly behavior occurring on the premises. 57. The operation shall not allow any events to result in the over population of rooms /areas as defined in the maximum occupancy requirements set forth by the City and the Fire Department in the approved building plans. 58. Trevi will not be permitted to allow live dancers, fashion shows, lingerie, or any other modeling events to occur on the premises apart from or in conjunction with the afore - described events. 59. The business management/owners shall frilly cooperate with and assist law enforcement in the identification of criminals and criminal activity, and the active prosecution of criminals who have victimized the business or its patrons. 60. Trevi will insure that all Alcoholic .Beverage Control (ABC) laws, regulations, requirements are strictly adhered to by management and staff. 61. The CUP shall be reviewed by the City Council in six (6) months and shall include a review of the operation of the Trevi Center and the demand on police resources at the end of the six -month period as well as recommendations from City staff and the Chief of Police. 62. The business operator will provide a minimum thirty (30) day notification, in writing, to the Community Development Department, Police (Sheriff) Department, and Riverside County Fire Department, of anyscfieduled event that May approach maximum occupancy limits. The notification shall include the following: a. Copies of all proposed advertisements, flyers, brochures, and a list of advertisement locations (such as websites, newspaper, television, etc.). b. A detailed security plan which, minimally, provides the following information: i. Date of Event ii. Event hours of operation iii. Name, and contact information (phone numbers) for the person in- charge of the event. The person listed as in- charge must be present, on the property, throughout the entire event. iv. Name, and contact information (phone numbers) for the Trevi manager or supervisor who will be present during the event. V. _ Name, and contact information hone numbers) for the supervising, (P..... . or lead, security person present during the event. vi. 24 hour contact information for the security agency contracting with the property owner. vii. Detailed description of the event that identifies whether live bands, Disc Jockeys, or other entertainment will be present. viii. Whether alcohol will be served or not. ix. Anticipated attendance. 2 of 8 x_ Planned cover charges. Page 122 of 163 Trevi — September 2009 The second revision to the Conditional Use Permit occurred on June 16, 2009 whereas the city Planning Commission felt compelled to add additional necessary conditions to the existing use Permit, These additions were made after the commission evaluated and considered additional recommendations made to them by the current Lake Elsinore Police Department Chief Joseph Cleary. The recommendations were received in the form of a memorandum directed to -Lake Elsinore City Manager Bob Brady and dated January 20, 2009. The additional conditions added to the CUP by the commission were as follows: c. The Community Development Department, Police (Sheriff), or Fire Department may reject submitted security plans and/or required reasonable changes. 63. Private events shall go no later than 3 am 2 am nor before 8 am. With the exception of adult supervised high school events in which the Community Development Director shall approve such events on a case by case basis. 64. The business operator shall work with neighboring businesses, particularly the adjacent motel/hotel facilities, to mitigate potential noise disturbances arising from events occuring on the Trevi, property. 65. The business -operator shall immediately report all incidents regarding victimization of the business or patrons. 66. A progress report regarding business operations and this CUP approval shall be reviewed at the December 15, 2009 Planning Commission meeting. Current Activity: June 16, 2009 to August 31, 2009 CALLS FOR SERVICE / COSTS ANALYSIS: On August 31, 2009, we conducted a review of all calls for service related to incidents occuring at the Trevi location for a.period beginning with the last revision of the Conditional Use Permit which occurred on June 16, 2009 to the present. The primary source of the data was through records contained within the Riverside County Sheriff's Department Data Warehouse program and Computer Aided Dispatch (CAD) system. Upon conducting an analysis of this information, we _determined our officers were involved in 35 events related to Trevi. I also compared activity at other licensed bars and restaurants (by address) in the general Lake Elsinore area and found that Trevi was the focal point of significantly more calls for service than any of the others. The total time expended by officers assigned to Trevi related events was determined to be approximately 3,148 minutes, or approximately 52 man hours: Taking into account that activity and incidents occur throughout the city I limit my overall concern to those events that could be considered extraordinary (generally more than three officers having to respond). These events accounted for approximately 1,630 minutes, or approximately 27 man hours. Extraordinary responses occurred six times. Of those, five responses were as a result of a fight, or other disturbance that escalated, and it became 3 of 8 Page 123 of 163 necessary to bring in more units to maintain order. Those five responses equated to September 2009 $2,881 in police costs p eq approximately The breakdown of these calls for service is as follows: Robbery. 1 • 1 Robbery resulting in severe injury to Trevi staff, 3 officers: 8 -26 -09 L092380120 Assaults/Disturbances: 5 • Intoxicated subject removed from .premesis by bouncer /security, subject injured after physical with staff .Fights broke out'on dance floor after officer arrived. Securyt requested shutdown of event, 12 officers: 8 -20 -09 L09 23 2009 4 • Physiral altercation between two subjects on the dance floor. During investigation other fights broke out between multiple parties, 6 officers: 7 -26 -09 L092070004 • During investigation of one fight, other fights broke out between multiple parties, LEPD shutdown event. DJ interfered with clearing business, 10 officers- 7-26-00 1_092070008 • Security called regarding a detained intoxicated person and physical altercations between 20- 30 subjects at entrance, security requested shutdown of event, 300 subjects cleared, 5 officers: 8 -04 -09 L0921.30003 • Security called regarding physical altercation between 20 -30 subjects at the entrance. Two subjects detained, claimed to be victims and were uncooperative with the investigation, 10 officers: 7-18-09 1_091990103 Felony Thefts: 4 • 2 Reported Vehicle Thefts: o No video 7 -11 -09 L091920077 o Unable to locate victim, unsubstantiated 8 -02 -09 L092140008 Burglary to vehicle, video already erased: 8 -19 -09 L0923 10061 Grand Theft, juveniles caught in the act, arrests made, 7 officers: 7 -23 -09 L092040033 Petty Thefts: 3 • 2 Thefts occurring outside facility (bicycle): 0 7 -12 -09 L091930097 0 7 -28 -09 L092090048 • 1 Theft occurring inside of facility (misc. equipment): 6 -19 -09 L091700042 Civil Issue: 2 • 2 Related incidents involving a civil dispute between Trevi management and outside contractor reference reposession of rented equipment, Video available: 0 6 -22 -09 L0917JO036 0 6 -24 -09 L091750109 WERAU t Page 124 of 163 Alarms: 4 Trevi — September 2009 • 7 -17 -09 L091980027 • 7 -17 -09 L091980029 • 8 -11 -09 L092230022 • 8 -18 -09 L092360001 Extra Patrol Request / Area Check: 7 • 2 Extra Patrol (Requested by Trevi security staff): L09192011, L09240123 • 5 Area Checks (Officer Initiated): L09177066, L092250091, L092140003, L092190190, L09240120 Miscellaneous: 8 • 1 Assisted Cal Fire regarding an intoxicated subject requiring medical aid, 3 Officers: 6 -28- 09 1,091790005 • 1 Security report of UTI driver — unable to for-ate: 6 -27 -09 L091780143 • f Employee report of bad ID/Credit Card, Unfounded: 7 -2 -09 L091830128 • 1 Security detains subject for vandalism, Unfounded: 6 -26 -09 L091770215 • 1 Hit and run traffic collision (minor property damage only): 8 -6 -09 L092 1 8009 1 • 1 Unfounded Trespass: 7 -25 -09 L092060114 • 1 Juvenile (Possession of smoking paraphernalia): 8 -30 -09 L092420068 • 1 Public Assist: 7 -11 -09 L091920032 SUMMARY OF EVENTS: For further analysis, we reviewed the available incident reports written during this time frame. The purpose of reviewing these incident reports was to gain a better understanding of the activities occuring within the Trevi facility and to determine if adequate staffing and security measures were currently being practiced by Trevi staff to minimize these events from occuring. Upon reviewing the content of each incident report completed during this evaluation period, it became evident Trevi Entertainment was not adhering to the conditions and restrictions set forth in the Conditional Use Permit issued by the city of Lake Elsinore. Numerous violations were either specifically identified or indirectly implied. Because the content of each event involved identifying and documenting only the elements of a specific crime, they did not focus specifically on violations of the Conditional Use Permit. As a result of reviewing the content of each incident report, two specific violations of the Conditional Use Permit (CUP) were evident and are indicated as follows: Lack of sufficient. security staff. As specifically stated in the Conditional Use Permit, Trevi Entertainment will have a minimum of four clearly identified security officers present during any event. Two officers are to be dedicated to exterior patrol and two officers dedicated to interior security for every one- hundred patrons present at the location. In one specific incident, a Trevi employee was robbed and severely beaten by a patron. According to the • • S Page 125 of 163 incident report Tren— September 2009 po (L092380120), there was only one security officer on duty when the incident occurred. Lack of dedicated security staff to continuously and actively monitor security cameras. Although numerous criminal incidents werq reported by_ Trevi_ Entertainment during this evaluation period, recorded media was seldom available to law enforcement. When Trevi management was contacted and asked to provide this media, officers were told the system was innoperable at the time the event occurred, or properly trained staffwere not available to retrieve and/or copy the media, or the desired information had already been erased_ Needless to say, this media can be invaluable when investigating criminal incidents. During the course of this evaluation, information was also obtained indicating Trevi Entertainment was posting upcoming event fliers and past event photographs on their MysQace profile located at www.myspace.comltrevient. Many of the scheduled events identified Trevi Entertainment and several outside entities as event promoters. One such event promoted by Trevi Entertainment was indicated to be.a burlesque show. The most recent -show of this nature occurred on July 5, 2009 and was open to patrons eighteen years of age and over. Future events of this nature have also been identified_ Events of this nature are a clear violation of Conditional Use Permit (CUP) condition 958 which states the following: "Trevi will not be permited to allow live dancers, fashio modeling events to occur on the p n shows, lingerie,. or any other described events." remises apart from or in conjunction with the afore - After reviewing many of the event fliers, it could be argued that each have a potential to exceed Trevi's maximum occupancy limits. As such, Trevi Entertainment would be required to provide a thirty (30) day notification as indicated under Conditional Use Permit (CUP) condition 962 which states the following: "The business operator will provide a minimum thirty (30) day notification; in writing, to the Community Development Department, Police (Sheriff) Department, and Riverside County Fire Department, of any scheduled event that may approach maximum occupancy limits_ The notification shall include the following: a- Copies of all proposed advertisements, flyers, brochures, and a list of - advertisement locations (such as websites, newspaper, television, etc.). b- A detailed security plan which, minimally, provides the following information: xi. Date of Event xii. Event hours of operation Page 126 of 163 xiii Name, and contact information (phone numbers) Trevi — for the person Ong charge of the event The person listed as in -charge must be present, on the property, throughout the entire event. xiv. Name, and contact information (phone numbers) for the Trevi manager_or supervisor who will be present during the event. xv. Name, and contact information (phone numbers) for the supervisiong, or lead, security person present during the event. xvi. 24 hour contact information for the security agency contracting with the property owner. xvii. Detailed description of the event that identifies whether live bands, Disc Jockeys, or other entertainment will be present xviii. Whether alcohol will be served or not xix. Anticipated attendance. xx. Planned cover charges. The police department has yet to be provided any advance notice of these events by Trevi management. While reviewing flyers of upcoming events, several were located. One specific event to be presented by Trevi Entertainment was identified as "The Foam Party. "' The event was scheduled for September 3, 2009. Doors wem schedule to open at 9:30 PM. The event touted a "get wet theme." Female patrons "theme dressed appropriately" get in "free ofcharge." T e The event would be open to patrons n. 1h oenyeazs of age and older with alcohol beverages available to those with Proper ideritification. For purposes of this evaluation, the decision was made to have two plain clothes Lake Elsinore police Officers attend this event and report their observations. The following is a summary of their observations. • The event was not listed on the Trevi Event Calendar, a flyer was provided by an employee and it was found posted at a MySpace account linked to Trevi. • There were at least three uniformed security • Several underage (looking) female patrons were overheard discussing how they didn't look like the photos on their fraudulent [D. • The officers and other patrons were not screened for weapons. • They were approached by a subject wanting to know if they use "ecstasy" (a controlled substance). • While the officer's were carded, it did not appear that the [D's were subject to much inspection or comparison to the presenter.of the ID. After a few hours the foam melted and there was approximately 1 t o 1 % inch of water on the floor of the room. Due to the floor surface this created a hazardous situation which resulted in several people slipping and falling. 1 MySpace.Com Trevi Entertainment - Flyers 9 -1 -2009 at httC :! /._c'wLprep+.'c - - - fir. use a en-Dr--, - -- '1�✓.i>'r '141 7 of 8 Page 127 of 163 Trevi - September 2009 There were only two Exit signs visible in the room, one of the exit areas was taped off with caution tape. A door in the covered patio area listed as an "emergency exit" was padlocked.2 The front exit doors, also identified as an "emergency exit" appeared to have its alarm system disabled due to exposed wiring being seen Additionally, on September 17, 2009 members of the police department conducted an ABC Decoy program3 and targeted several ABC licensed locations. Trevi was the only location that failed to adequately. "ID" the decoy and subsequently served alcohol to an adult uinor, Aggravating this violation was the fact that the Trevi on -duty manager directly facilitated the serving ofalcohol to the decoy. The manager and the Trevi bartender were cited. RECOMMENDATION: . On several prior occassions, Trevi Entertainment has been found to be in violation of incidents of:a similar nature. Requests .to correct this behavior have proven unsuccessful. Trevi Entertainment continues to conduct business without due consideration of the conditions set forth in the Conditional Use Permit issued by the city of lake Elsinore. Additionally, when uniformed security staff are present, they are understaffed and their efforts to stop disruptive behavior or prevent criminal activity are ineffective. My recommendation is; The Conditional Use Permit be revoked. Thank you, Joseph Cleary, Chief of Police Attachments: Various depictions of content related to Trevi events found on the Internet - Websites are included with each document. - - Photographs taken by police on September 3, 2009 depicting the conditions of a Foam party advertized on Trevi related websites. 2 Photo of padlocked door available 3 Decoy operation documented under report number L092600083 8 of 8 Page 128 of 163 ..�Iry• .Y .(Mxs% :i:G r:> riT."•L <; t...�: .(YAM1• -i,+`. :. .f ' ' • ,•, <: r. � i fS" a OJT •a. - �• i�. I 'ri S' M� \ eJ •q .>+• «WSJ 5: Ji 't , 1 ^ •1 P '� � i � s�, e r r -•e J`y5� e ` .��, J' "ii r WIf a bF ".6 S`Y: c�M1. f 1 •d 5 \r' ftftY, i�4s ; C ,; .. �Y'r.' : is •;:;: r .. l,,.: < ♦a A r, i r $ b aJ 11� it if i S <�:,::r•: yGK(y y ,A , ,.& r �, v it .'3• i < J♦i +. + 7J' ; S (ir S i..l r ♦ySR ♦' •. t t ,,,a ( w•/t f♦ i 0. \ L'��y . � � \i�.fy j!f , 1 1 r •. TF a�'CM.+S�a 4 r ..J? A•s'ry _ ii��,d,,,� •1b f •'• � �h "'� `fn. } "�' 1 <S7Y�j'�•t.1 k rat jv: y" .. .. \ i ✓t Ji7„�iJ. e(� /.wt•Y�.ye �'b,;�rsa� •�_ �.r•7 ••�i•.J.:.. ecm ;� 1 . J 1- U i ,Y.i•C�,,� • t� , N �• W�' L'.'• w i r� fc: , tY• ryr F lM. r,i.sp :r• S ♦:� .Z�. - C f s 6f J. S, �6ti J� f > r .t. � r+ .d�::•, fn J �z CITY OF /,ft, LAKE 0,LSIr 0RE POLICE DEPARTMENT - Trevi — December 2009 December 1, 2009 Bob Brady Lake Elsinore City Manager Subject: Trevi Entertainment Update, September, October and November .CALLS FOR SERVICE: We again conducted a review ofall calls for service related to incidents occwring at the Tre vi location for a period begirwing with September 1, 2009 through November 30, 2009. The primary source of the data was through records contained within the Riverside County Sheriffs Department Data Warehouse program and Computer Aided Dispatch (CAD) system. Upon conducting an analysis of this information, we determined our officers were involved in 18 events related c Trevi. Taking into account that activity and incidents occur throughout the city, I limit my overall concern to those events that could be considered extraordinary (generally more than three officers having to respond). Four events generated a response greater than three offi The response to the robbery alarm was an appropriate response based upon the potential cers for confrontation had there been an actual robbery in progress. This leaves three events where the circumstances initially resulted in an extraordinary response With the exception of the event on September 13, 2009 (1,09256001 l ), the extraordinary response was limited in scope and very short term. The breakdown of the calls for service is as follows: Robbery: zero Assaults/Disturbances: seven ✓ 09 -06 -09 6:05 pm. L092490091: Battery — Officers responded to Trevi area regarding six People reportedly fighting in the parking lot. The reporting party was a cinema employee. The subjects had left the area prior to arrival (response time was five minutes). An involved party was located nearby by responding officers. This person said he had been attacked by friends of his in the parking lot. He was uncooperative regarding medical assistance or Prosecution- Suspects were unidentified. No video requested. Two officers. LAKE EISINORE POLICE & SHERIFF'S STATroN 333 LIMITED AVENUE LAKE ErSINORE.,CA 92530 1 Of 4 W W W.RIVERSIDESHEMEORO 951.243.3330 Page 130 of 163 T.P. _December2009 ✓ 09- 11- 0910:09 pm, L09254112: Disturbance - Call from Trevi staff reporting up to 40 juveniles fi front of location being loud arrival (six and pending physical. Possibly gang related. Upon minutes) ve juveniles were contacted by responding officers, three at the theater and two near the Casino. Tbree officers. ✓ 09- 12- 091:36 am. L092550013: Battery - Call from Trevi staff reportin subjects fighting in the location, Officers arrived and found location c g up to eight losed and locked. LEPD response was delayed due to other events. One officer. ✓ 09 -13 -09 1:34 am. L092560611: ' Disturbance - Trevi Security requested assistance to disperse a group of 150 -200 persons gathering in the parking lot and getting "rowdy.,, Upon arrival, officers found about 150 persons in the parking lot, another 200 inside the location, and no visible security. Officers called the reporting party (Trevi Security) with no answer. Uniformed security was not located for approximately a half hour. The event was dispersed without incident A security officer later informed the responding officers that we were not needed The event was a fashion show. Security reported that there were three uniformed officers and one plain clothed security officer present. Five officers responded to this call. ✓ 10 -11 -09 8:50 pm. L092840085: Disturbance - Responded to a domestic disturbance involving a Trevi Employee. One officer. ✓ 10 -30 -09 1:32 am. L093030007: Battery — Officers responded to a call from a Best Western employee regarding a bloodied person in their parking lot. Upon arrival ofofficers, several persons were contacted near the Trevi parking lot and Best Western Hotel regarding being involved in a battery. All indicated that they had been involved in an altercation in the Trevi parking lot but none were desirous of any action by LEPD. The suspects are unidentified. Four Officers. ✓ 11 -21 -09 11:00 pm. L093250064: Disturbance — Officers responded to a call from Trevi management regarding several unkown males refused to leave a private wedding reception. No physical altercations occurred and the males had left the area before officers arrived (response time was five minutes). Four Officers (three left after a minute). Felony Thefts: two ✓ 09 -04 -09 11:00 pm. L092470224: Burglary to vehicle. Event was witnessed, no video requested. One officer_ ✓ 09 -14 -09 5.00 pm. L092570057: Theft of amplifiers from inside of business. No video surveillance was available. One Officer. 2 of 4 Page 131 of 163 Trevi — December 2009 Petty Thefts: one ✓ 09 -14-09 2 :12 pm. L092570047: Reported theft of a cell phone from the previous morning (Fashion Show Event). One officer. No video requested. Civil Issue: zero Alarms: six ✓ 09 -14 -09 3:58 pm. L092570051: ✓ 09 -28 -09 1:48 am. L092710006: One officer. ✓ 09 -28 -09 6:09 am. L092710011 One officer. ✓ 10 -24 -09 2:55 am. L092970015: One officer. ✓ 10 -30 -09 4:02 am. L093030013: One officer. ✓ 11 -04 -09 1:48 am. L093080006: One officer. Extra Patrol Request / Area Check: zero Miscellaneous: four Robbery Alarm. Accidental/False alarm. Four officers. Alarm. Accidental/False Alarm. Business was secure. Alarm. Accidental/False Alarm. Business was secure. Alarm. Accidental/False Alarm. Business was secure. Alarm. AccidentaUFalse Alarm. Business was secure. Alarm. Accidental/False Alarm. Business was secure. ✓ 09 -02 -09 11:00 pm. L092380120: Resulting from a follow -up investigation regarding the robbery of a Trevi Employee on August 26, 2009 officers obtained the following information: o Video from the date of the event was requested ofCraig (likely Craig young, Trevi s Promotions Director. 0 10 -05 -09 Requested the video again from Craig. We also contacted the robbery victim and were told by him that video footage did exist. We contacted Gary Bullard (former security for Trevi) he advised he was no longer working for Trevi due to his concern over underage drinking, surveillance, building security, and firelsafety issues. He had also obtained a estimate to correct safety and security issues in the facility and had passed the information on to Trevi. He provided LEPD with a copy 3 of 4 Page 132 of 163 Trevi— December 2009 of the estimate ffom "Safe and Secure." He additionally stated that while open for t. business exits were regularly secured by chains and by pizza pans to keep them shu o We contacted the owner of "Safe and Secure," Dale Barry who acknowledged that there were issues with the doors at Trevi and pizza pans were used to secure them, He had not been reconfacted by Trevi after submitting his.estimate to Bulhud. ✓ 09 -03-09 9:00 pm to 3:00 am, L.092460053: Two officers were assigned to conduct undercover surveillance at an advertised Trevi Foam Party. This was detailed in the previous assessment ✓ 09 -03 -09 7:29 pm, L092460064: Anonymous Report of underage drinking being all owed. Information was unsubstantiated. One officer. ✓ 09 -17- 0910:00 pm. L092600083: As part of a citywide Alcohol Decoy program a Trevi manager and employee were cited for providing alcohol to a minor. Video was obtained. Two officers and a supervisor. This wag also detailed in the previous assessment. Observations: Activity is down. However this may be in part due to increased formal action regarding Trevi operations from police, fire, and the city since the September assesment. Thank uef of Police 1 4 of 4 Page 133 of 163 ctTYUElft� City of take Elsinore Annual Business License Inspection LAKE &SIIYOR—E Fire Services and Building Division 130 S. Main Street •Lake Elsinore, CafdOmia 92530.957.674.3124 BUSINESS NAME NOnGEN0_ Inn,�,,�� DATE 119 g6 ADDRESS: d ��_ PHONE NO. �dUJI // .��2JJNSPECTEDBY:(• Ui( a6os- Fnean was acted' Itecatec6ans Tequkedroproride canpfiamewi0ttlm appfxa6lemde; regaa6acs aM ord-utames. A9AerasshalfbecareaedlMMEDIAT LY. Nyou YQuesnn vegarG tnfamafiaq please contact Lake Elsinore Fire Services or Baldhg Oivisan at 951 .674.3124 x224 SIGNED: L.%- ��. a REINSPECDON DATE ,/21)�0 EI ffEM NEEDING CORRECTION COOS tuc 7 HYDRANT, F.0 Pl V . Obstruction CFC508.5.48 506.51 F.D.C. P.I. Vlabd cFCe¢sast6.t Caps missing - ClC901.8 FIRE APPARATUS ACCESS ROADS Approved cabioelsexceedmg 10 ga0ms Red ins CFC503.3 Le9Lle lahe6n9 Obstructions - CFC50321 GENERAL HOUSEKEEPING PREMISES IDENTIFICATION Rubblsl✓frnth build-up Num6cvs pWiMyvisible m5o&I Sedxe pressudzedcirfinders F.D. access to equipment C1,C510.1 KNOT KEY BOXES CMC304I 'RegMmd - - CFC50G.1 Storage rrolwNgn 24•ofceLn�,ip -. :: �'_" r�m¢pdnkler building aid.rmttvilhin l8'a �l cei ins 'nUered build �_._ - CFC304 a CFC506.2 Slera9e,use arM hargfing McorMusBble materials in attic, under A". and concealed aces 'FIRE{74TINGULSHERS CexB CFMIA3 CFC315.2.3 Yl Serviringdue CFC906.2& Ch ter3 T -19 CFC308.3.7 Mwnfing 3-5 feet from finish floor CFC9061 EXITS Obsbudpns CFC906.6 Curtunercial kitchen —UM .4 AUTOMATIC FIRE SPRINKLER SYS. Illuminated EAT sign(,)op,,tg, 5 Year (Sprinkler servicing T -19 S4&c 904A Sta'uway8omnumbersign Cleararme ro user 508.5.4 44•dear exd passageway Inspedarteslvavelabeled NFPA13 jd Exitobstrudion $PnOdder W el NFPAI3 Mahan fire rated doom, window, dampers aid hardware Spare sprinklerheaa (l:12j NFPa13 Emorgeay light operable M¢smg esculcheori - —SYSTEMS NFPAIJ HOOD & DUC CBC1008.19 Service withinfimanlhs CfC904 .11.6.411 T -19 Ramps Proper noak posiOorT 8 covIXag¢. CfC904.11.1.1 1. ELECTRICAL CBC11213 - CF 6054 - Accessible bathroom CUC1115B CiraMMeauxpaiddear&unobshuc(ed. Access wipe min. width of 30• & min. de Ih M 78' CFCb053 Abalemenl of electrical hazards - CFC605.1 Fatensmn cards nM allowed as permanent CFC605.5 Labermg of electrical room dears CFCfi053.1 Outlet faceplalekavers in place NEC mn-9 Cover open space(S) in derail breaker panel CFC605.6 UV NEMNEEOWGCORRECTION CODE wutran- I iAMMABLE LIQUIDS (CLASS L R, II) Approw:d safNYcans CFC27021 Maery Safety Oala Shcel(MSOS)requved CFC2703.4 E"�9e<u -Y Plan CFC2701.3.3.15 Approved cabioelsexceedmg 10 ga0ms CFC2703.8.7 Le9Lle lahe6n9 cFC3 403.5 GENERAL HOUSEKEEPING Rubblsl✓frnth build-up CFG304.1 —&304.2 Sedxe pressudzedcirfinders 6FC3003.5 36'cl —ance mud waerhealor CMC304I Storage rrolwNgn 24•ofceLn�,ip -. :: �'_" r�m¢pdnkler building aid.rmttvilhin l8'a �l cei ins 'nUered build �_._ - CFC304 Slera9e,use arM hargfing McorMusBble materials in attic, under A". and concealed aces CFC315.24 Storage in boxer. mechanical. electrical Fs netalowed CFC315.2.3 Candles arq atlterapen flamedevices used in approved manner CFC308.3.7 WAILS AND CEILINGS Holes in fire rated walls seated CFC703.1 EXITS knowledge CBC1008.1.8.1 Sgn above stating THIS DOOR TO REMAIN UNLOCKED WHEN BUILDING IS OCCUPIED• CBC1008.1.8.3 Illuminated EAT sign(,)op,,tg, CUC1011 2& 1006.1 — Sta'uway8omnumbersign COC1020.1.6 44•dear exd passageway 7EjCI02I 2 jd Exitobstrudion CFC1028 Mahan fire rated doom, window, dampers aid hardware CFC Sec. 803 & 804 Emorgeay light operable CFC1006.3 Panic hadwae operable CBC1008.19 ADA REQUIREMENTS Ramps CBC1133B5 Parking CBC11213 Accessible bathroom CUC1115B PERMITS REQUIRED CBC/CFC Appx 1 Sec. 105 RECEIVED BY'. � � �j�/f %a/ /C ( Kra/3kE1� CITY OF LAKE ELSINORE BUILDING AND SAFETY DIVISION IOry Date: -Zo' O' NOTICE ❑ Stop Work ❑ Correct Work Job Address 'T2 Ft/ Permit Number f - S K � nv, %�l9nS I ad /L %jgx�ost7� %1 -�awt TUrn<J r -�o %�itv ��fXJsI /�px., n t rc 7y- ( 2 5l Division Inspector -tom ` /`� l liL it if Page 135 of 163 C r of City of Lake Elsinore Annual Business License Inspection LAKE &SIlYO1ZE UFfAnE EJ({FfME Fire Services and Building Division 130 S. Main Street • Lake Eh om. Cafdornia 92530 951.674.3124 BusINESS Umie. �' , NOTICE N0. DATE ADDRESS: - PHONE NO. INSPECTED BY: C� ! ,)[� �p �' AttldsfimearabcewasiswedkMxafin =m6onsE 'dmd to pmvide cwOooce wish the bare am'Vuesfiafs reg/ad7ug tlus bbmr o.Wease<oMact Lake asimme Fie Services ar gWMg Divisbn at 951 .674.312244 x229 dwtances. A84�affsh��atl�67e carededl TELy. Ryou SIGNED �--^ --- REINSPECTION DATE pr m NEcnwr NYDRAI Ob*ucfi F.D.C, P Caps IIYS FIRE API Red Curt Obshude PREMIS1 Nundxxs F -O. acre KNOX KE Required Maintenm FRiE EX7 Minimum .' Serriang Mountkg. ObsWCfic CemnFrci AUTOMA 5 yew dse Geaance Inspactorl Sprmkkrw 6QN8 bpnr kfi55Y1g eS1 9000 d, D Serdce will Proper ooc ELECTRIC Tip cordsla Grcvif brea Access wiN Abatemem Extension c Labeling of Outlet" Covei open RECEIVED 6' COMMENTS: Page 136 of 163 car!-- City of Lake Elsinore Annual Business License Inspection LADE &,I.SIIYOP E o^ Fire Services and Building Division 130 S. Main Street • lake EWmm, Ca6f0ma 92530, 951.674.3124 BUSINESS NAME: r �l �. NOTICE NO. 3 DATE: l L ADDRESS li4.�LJ l PHONEN0.9_� INSPECTED BY: At ft Tme amfice was seed in&.finy theoarec6ons req*edto Provide comPfiay:e wiai Me have -y Ques5ons"arding ft l —loon. please contact Lake Elsinore Fire Sem�ar euWmg Nionatg.l.6 4.3 ,224 oNinances. AB gems shop becmreCed IA1MEDtATELY. Hyau year RECEIVED 35 in floor coverage pemianenl NEINSPECTION DATE: TITLE Page 137 of 163 — 'Cl rx aE L COMMNrTY DEVELOPMENT I.AI�E LSINOKE Buu;DnvGnlvllsiloN 'DREAM EXtKEME PLAN CHECK SUBMWALS PROPERTY ADDRESS:' //. Contact Person. f% 677qQ CIA Telephone No 645i) SOS —_ga,r Permit Application No: Date 1St Submittal_�Initi Plan Checker: Date returned from Plan Check: Status: Date notified Applicant: Date Picked.up: Initia Apptiea' Date 2 "d Submittal: itial A Plan .Checker: Date returned from Plan Check;_, (/� Status: Date notified A}[plicarit: Li Date Picked up: _ hnitiah q_ Fkv t - App(ieantT Date 3d Submittal: 7-?—q Initial Plan Checker: Date returned from Plan Check: f ' 2�'Q Status: Date notified Applicant: Date Picked up. /„T .G Initial: Applicant Planning Approval: DATE Sent: DATE APPROVED: Engineering Approval: DATE Sent: DATE APPROVED: Fire Dept. Approval: DATE Sent: DATE APPROVED: DATE Received School Fee (If Area > 500 SF): DATE Received Health Department Approval: Location: Date Permit Issued: Tech: WBuilding & SafetyWormsTlancheeklog.doc Created on 8/8/2008 1 :51:0 Page 138 of 163 CITiE OF LAKE ` 'LL81NO. —i E n��. COM AuNtrymmQP11t NT BUILDMG DrMrON PLAN CHECK SUBMITTALS PROPERTY ADDRESS: �`�i/ - -/(�j� /�� Contact Person: Telephone No, Permit Application No: Date' ubmittal: Z .'Date returned from Plan Check: Date notified Applicant Date tad Submittal - 'Date returned from Plan Check: Date notified Applicant: 'Date 3`d Submittal: Date returned from Plan Check: In' 'al Plan Checker: Status: .� VDatePickedup :�a 4 Initial[ App [Cant Initial Plan Checker: Status: Date Picked up: Initial: Applicant Initial Plan Checker: Status: Date notified Applicant: Date Picked up: Initial: Applicant Planning Approval DATE Sent: DATE. APPROVED: Engineering Approval DATE Sent: DATE APPROVED: Fire Dept. Approval DATE Sent: DATE APPROVED: DATE Received School Fee (If Area > 500 SF): DATE Received Health Department Approval: Location: Date Permit Issued: Tech: U:1Building & Safety\Forms\Planchecklog .doe Created on 8/8/2008 1:51 Page 139 of 163 Scott Fazekas & Associates, Inc. 9 Corporate Park, Suite 200 Irvine, CA 92606 Phone: (949) 475 -2901 Fax: (949)475 2560 COMMERCIAL PLAN CORRECTIONS SEA PC #: 25 -09 4' review AGENCY: Lake Elsinore 09 -19 Check by: Brett Archibald Date: 9 -22 -09 32250 Mission Trail Lake Elsinore Michel Knight 951- 805 -2627 BUILDING ADDRESS JURISDICTION APPLICANT TEL, NO. ARCHITBCT/ENGINEER TEL. NO. OWNER TEL NO. BEFORE APPROVAL FOR CODE COMPLIANCE OR ISSUANCE OF A BUILDING PERMIT, THE PLANS AND APPLICATION FOR THIS CONSTRUCTION REQUIRE THE INFORMATION, REVISIONS AND CORRECTIONS INDICATED BELOW. THE APPROVAL OF PLANS AND SPECIFICATIONS DOES NOT PERMIT THE VIOLATION OF ANY SECTION OF THE BUILDING CODE, OR OTHER ORDINANCE OR STATE LAW. USE OF STRUCTURE: TV TYPE: IIIA GROUP: B/A STORY: VALUATION: AREA SQ. FT.: INSTRUCTIONS 1. Resubmittals: A. Resubmit plans directly to the City of Lake Elsinore. B. Provide a written response for each correction on this correction list. You may write directly on this list, or you may provide a separate "Response List" which. addresses each correction item by item. C. Resubmit two (2) complete sets of revised plans along with the original set(s) of plans. 2. The plan checker can be reached by telephone on the following days: Monday - Friday. OUTSTANDING CORRECTIONS -ONLY ITEMS IN BOLD ITALICS & UNDERLINED REMAIN OUTSTANDING 6. Provide a scope of work section and clearly identify new work on plans. Review pending as scope is not clear. Further corrections may occur. Revision to application may also be required. Comment: a. Remove plans not pertinent to this review. Not done. Not done. Remove or cross out sheets with information not part of permit. b. What is being added to patio? Detail connection of new infill wall. What is the finish material on new studs? What was revised? 9. Provide and detail tactile exit signage per CBC 1011.3 and 1117B.5.1, Please note on plans that characters shall be Sans Serif uppercase accompanied by Grade 2 Braille and sized per CBC 1 i 17B.5.5 and 1117B.5.6. Comment: A note is not adequate. Key in signs to their required locations. Key in signs to their required locations. 10. Completely dimension and detail the new ramps to meet CBC 1133B. w..AL.t. ;.o 5- 09W- 19rn50 T..a4a „ma Page 140 of 163 Comment: Not done. Show required handrails, width, landings, etc. Not done. Please review tdte requirements In 1133B. Not done The ramps don't coyly 12. It appears a solid roof is being added over the patio area. Provide complete shucturaI plans, T -24, mechanical, electrical, etc. Comment: Not done. See section C/A3. Also update permit application. ,Revise callouts to existing, itstill says new. Revise caUouts to existing it still says new, 13. Provide structural details and calculations for equipment and components per ASCE 7-Sections 6.5. 15.1 and 13.6. A. For seismic/wind connections. B. For gravity support. Comment: Response noted. Label equipment as existing. No response. No response Label equipment shown on plats as existing 15. All sheets of plans and cover sheet of any calculations must be wet signed and dated by person responsible jor their preparation, who is licensed in California. 16. Yount char es will a t [ at ntext incom fete submittal. Please carefully read what corrections are askin o—r- -1 7. There are 2 sheet AI please revise Page 141 of 163 w1lske e4�u�usas 09- 191TL50 Mnio TIA 4ihwpd Page 142 of 163 CITY OF LAKE TO: FROM: DATE: LSI110RE DREAM EXTREME,. REPORT TO PLANNING COMMISSION HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION TOM WEINER DIRECTOR OF COMMUNITY DEVELOPMENT JANUARY 19, 2010 SUBJECT: CONSIDERATION OF MODIFICATION, SUSPENSION, AND /OR REVOCATION OF CONDITIONAL USE PERMIT NO. 2008 -09 FOR LIVE MUSIC, DANCING, AND ENTERTAINMENT WITHIN THE RESTAURANT AREA OF AN EXISTING BOWLING AND ENTERTAINMENT CENTER ( TREVI LANES) LOCATED AT 32250 MISSION TRAIL, LAKE ELSINORE CA, 92530 Background On December 15, 2009, the Planning Commission conducted a six -month review of CUP 2008 -09 for live entertainment from the restaurant area of the Trevi Lanes facility. The Planning Commission directed staff to provide proper public notice and place CUP 2008 -09 for consideration at a duly noticed public hearing. The above mentioned six -month review was prompted by Planning Commission direction to staff at the-June 16, 2009 Planning Commission meeting, which involved consideration of a request by Trevi Lanes to modify the existing live entertainment CUP in order to approve a previously constructed 700 square foot stage: The following matrix reflects Planning Commission and City Council actions regarding Trevi operations dating back to March 2007. March 20, 2007 TREVI LANES TIMELINE CUP No. 2007 -01 for a video arcade, outdoor dining area, and on- premise alcohol sales. Planning Commission Approved Page 143 of 163 CUP No. 2008 -09 Trevi Lanes January 19, 2010 Page 2 May 6, 2008 CUP 2008 -09 for I Planning Approved with live music, dancing, Commission modified conditions and entertainment of approval June 10, 2008 I Appeal of CUP City Council I Continued 2008 -09 off calendar July 22, 2008 Appeal of CUP further •ati further modifications 2008 -09 (continued City Council to the conditions of hearing) approval June 16, 2009 Modification to CUP Planning direpctedesdtaff to 2008 -09 (Stage in Commission return in six- months Sports Bar Area) with a status report Uirected staff to 6 -month Planning return for December 15, 2009 review /progress Commission consideration of report CUP 2008 -09 CUP 2008 -09 at a duly noticed public Analysis Conditional Use Permit Status As part of the approval of the live entertainment CUP (2008 -09), specific conditions of approval (Attachment 2) were adopted to mitigate any potential impacts to adjacent properties, protect public health and safety, and to maintain a proper aesthetic quality to the site. Pursuant to LEMC Section 17- 168.110, the Planning Commission may modify, Page 144 of 163 v- 111" IL11 review /progress Heterred matter to Planning January 27, 2009 report of City Council Commission for CUP 2008 -09 revocation live entertainment consideration February 17, 2009 Revocation Hearing Planning Suspended CUP 2008 -09 for a period Commission of 90 days June 16, 2009 Modification to CUP Planning direpctedesdtaff to 2008 -09 (Stage in Commission return in six- months Sports Bar Area) with a status report Uirected staff to 6 -month Planning return for December 15, 2009 review /progress Commission consideration of report CUP 2008 -09 CUP 2008 -09 at a duly noticed public Analysis Conditional Use Permit Status As part of the approval of the live entertainment CUP (2008 -09), specific conditions of approval (Attachment 2) were adopted to mitigate any potential impacts to adjacent properties, protect public health and safety, and to maintain a proper aesthetic quality to the site. Pursuant to LEMC Section 17- 168.110, the Planning Commission may modify, Page 144 of 163 CUP No. 2008 -09 Trevi Lanes January 19, 2010 Page 3 suspend, or revoke the CUP or take such action as may be necessary to ensure compliance. As the Commission is aware, several inspections of the Trevi facility have been conducted. The most recent inspection of the facility was conducted by City staff on January 13, 2010. The status of several conditions of approval related to this inspection is reflected below. Condition No. 7 All site improvements shall be constructed as indicated on the approved site plan and floor plan, with revisions as noted herein. All plans submitted for Building Division plan check shall conform to the submitted plans as modified by the Conditions of Approval. The previously approved 700 square foot stage area in the sports bar and smaller stage in the "Elks" portion of the building is nearing final approval through the Building and Safety Division plan check process. Staff advised the applicant in early December that the plans were approved and ready for building permit issuance. As of the writing of this report, the applicant has not yet secured permits. However, the applicant indicated that permits would be secured prior to the January 19, 2010 public hearing. A previously approved meeting /party room located in the bowling alley section of the facility directly adjacent to the bowling registration /check in counter has been converted into a snack bar area. The bowling alley area is regulated under CUP 2007 -01 and the applicant has been advised regarding this change in the facility's approved floor plan. Condition No. 12 The Applicant shall provide landscape improvements and full irrigation to all slope areas along Mission Trail and planter areas within the parking area of the property. Landscape clean up and improvements are being handled by the property owner of the Trevi site. The property owner has conducted clean up of the site and has improved landscaping conditions, particularly within planter areas in the parking area and the rear of the facility. Code Enforcement continues to monitor and staff is in contact with the property owner to ensure that landscape issues continue to be addressed. Condition No. 15 All requirements of the Riverside County Fire Department and Riverside County Sheriff Department shall be met and adhered to at all times. The operator has complied with recent corrective actions required by the Riverside County Fire Department. This included fire extinguisher upgrades as well as servicing of hood and duct systems (please refer to December 15, 2009 Planning Commission staff report included as Attachment 3). Page 145 of 163 CUP No. 2008 -09 Trevi Lanes January 19, 2010 Page 4 Condition No. 30 The rear doors of the premises shall be equipped on the inside with an automatic locking device and shall be closed at all times, and shall not be used as a means of access by patrons to and from the licensed premises. Temporary use of these doors for delivery of supplies does not constitute a violation. Further, the doors and associated locking hardware shall comply with all building code requirements. After multiple inspections conducted by City staff and Riverside County Fire Department personnel over a 90-day period from September to November of 2009, the operator removed the locks from the doors once instructed to do so by appropriate staff. A follow up inspection on January 13, 2010 showed that rear perimeter doors were not padlocked. Staff will continue to conduct random inspections to ensure that these doors remain free of padlocks and other unauthorized /unpermitted locking mechanisms. Condition No. 32 The installation of high quality security surveillance cameras, recorders, and monitors at mutually agreed upon locations shall be installed and maintained in good operating condition. Condition No. 33 The active monitoring of surveillance equipment by dedicated security personnel shall occur at all times. An inspection of the video surveillance office area on January 13, 2010, showed all screens and monitors on and surveillance equipment functioning properly. Condition No.34 The operator shall cooperate and assist the Riverside County Sheriff in the active prosecution of criminals who have victimized the business or its patrons. Past Sheriff Department correspondence has.indicated inconsistency on the operator's part related to providing surveillance footage to law enforcement. There have been no recent incidents relating to necessitating the provision of surveillance footage. Staff will continue to work with the operator and the Sheriff Department to ensure compliance with this condition. Condition No. 42. Any graffiti painted or marked upon the premises or any adjacent area under the control of the licensee /petitioner shall be removed or painted over within 24 hours of being applied. An inspection conducted on January 13, 2010 of the perimeter of the building as well as parking areas showed no graffiti visible. Page 146 of 163 CUP No. 2008 -09 Trevi Lanes January 19, 2010 Page 5 Law Enforcement Statistics A comparison of calls for law enforcement service for similar type of establishments in the area was requested by the Planning Commission at the December 15, 2009 meeting. A review of all calls for service for various venues within the region were analyzed and compared to Trevi Entertainment for a six month period beginning June 1, 2009 to November 30, 2009. The source of the data was received through records contained within the Riverside County Sheriffs Department Data Warehouse, Computer Aided Dispatch (CAD) system, and records obtained from the respective law enforcement agencies reflected below. The statistical analysis depicts data from the following locations: f .14 {� The following matrix illustrates the amount of time law enforcement personnel used for each specific venue over the six month period (June 1, 2009 to November 30, 2009). Based on the average deputy /officer cost of $123.17 per hour, approximate monetary expenses for law enforcement calls to each analyzed business is also reflected. Corona Police Department (Mill Creek Restaurant) 148 hours $18,229 Lake Elsinore Police Department ( Trevi Entertainment) 84 hours $10,364 Murrieta Police Department (Buffalo Wild Wings) 76 hours $9,360 Page 147 of 163 CUP No. 2008 -09 Trevi Lanes January 19, 2010 Page 6 Riverside Police Department (Sevilla's) 51 hours $6,281 Temecula Police Department (Aloha J's) 50 hours $6,158 Moreno Valley Police Department (Bahama Mama's) 26 hours $3,202 The Chief of Police also provided information regarding incidents /calls for service at Trevi, compared to Wal -Mart (31700 Grape Street) and Lowe's (29335 Central) during the 6 -month period between June 1, 2009 and November 30, 2009. Those results are as follows: It should be noted that the types of calls include, but are not limited to, theft, disturbance, keeping the peace, follow ups, and area checks. Options The operator of the Trevi facility has made attempts recently to comply with Conditions of Approval, however, there are still documented instances where conditions of approval were not followed and violations occurred. Based on the abovementioned information, the Planning Commission possesses grounds to revoke, suspend, modify, or take no action regarding CUP No. 2008 -09. At this time, the Planning Commission may: 1. Revoke Conditional Use Permit No. 2008 -09. 2. Suspend Conditional Use Permit No. 2008 -09 for a time period deemed appropriate in order to allow the operator to show full compliance with conditions. 3. Modify the CUP by adding additional conditions of approval. 4. Take no action, thereby leaving the existing CUP intact with no changes. Page 148 of 163 CUP No. 2008 -09 Trevi Lanes January 19, 2010 Page 7 A resolution to revoke CUP 2008 -09 (Attachment 1) has been included if option No. 1 is selected. Recommendation Direct staff as deemed appropriate., 1 Prepared by: Tom WeinerTo Director of Community Development Attachments;. 1. Resolution to revoke CUP 2008 -09 (if needed) 2. Conditions of Approval for CUP 2008 -09 I Lake Elsinore Municipal Code Section 17.168.110 Conditional Use Permits, Suspension and Revocation 4. Eight (8) City Council and Planning Commission Staff Reports in chronological order from March 20, 2007 to December 15, 2009 5. Approved Floor Plan (CUP 2008 -09) Page 149 of 163 RESOLUTION NO. PC 2010 - RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REVOKING CONDITIONAL USE PERMIT NO. 2008 -09 FOR LIVE MUSIC, DANCING, AND ENTERTAINMENT WITHIN DESIGNATED AREAS OF AN EXISTING BOWLING AND ENTERTAINMENT CENTER (TREVI LANES) LOCATED AT 32250 MISSION TRAIL, LAKE ELSINORE CA, 92530 WHEREAS, on May 6, 2008, the Planning Commission of the City of Lake Elsinore (the "Commission ") approved, subject to various conditions of approval, CUP 2008 -09; and WHEREAS, the Planning Commission requested that CUP 2008 -09 be considered at a duly noted public hearing approval; and WHEREAS, Section 17.168.110 (formerly 17.74.110) of the Lake Elsinore Municipal Code authorizes the Commission to revoke, suspend, or take any other action necessary with regard to an approved conditional use permit to ensure compliance with the conditions of approval attached to the conditional use permit and the provisions of the Lake Elsinore Municipal Code; and WHEREAS, the Commission has initiated proceedings to consider revocation of Conditional Use Permit 2008 -09 for live music, dancing, and entertainment within designated areas of the 'Trevi" Bowling and Entertainment Center located at 32250 Mission Trail (APN 365 - 040 -024) Lake Elsinore, CA 92530 (the "Revocation "); and WHEREAS, on January 19, 2010, at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to the Revocation. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered revocation of Conditional Use Permit No. 2008 -09, for live music dancing, and entertainment, within designated areas of an existing bowling and entertainment center (Trevi Lanes), prior to rendering its decision and finds that the requirements of Chapter 17.168.110 of the Lake Elsinore Municipal Code have been satisfied. SECTION 2. That in accordance with State Planning and Zoning Law, the Lake Elsinore Municipal Code, and evidence presented in the Staff Report and received from all interested persons at the public hearing, the Planning Commission hereby revokes CUP 2008 -09 for failure to comply with conditions of approval. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. Page 150 of 163 PLANNING COMMISSION RESOLUTION NO. PC 2010- PAGE 2 OF 2 — PASSED, APPROVED AND ADOPTED this 19th day of January 2010. ATTEST: Tom Weiner Director of Community Development Jimmy Flores, Chairman City of Lake Elsinore STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, TOM WEINER, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. PC 2010 - adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 19th day of January 2010, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tom Weiner Director of Community Development Page 151 of 163 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL (2"d REVISION) PROJECT NAME: CONDITIONAL USE PERMIT NO. 2008 -09; A REQUEST TO ESTABLISH A LIVE MUSIC, DANCING, AND ENTERTAINMENT VENUE WITHIN THE RESTAURANT AREA OF AN EXISTING BOWLING AND ARCADE FACILITY LOCATED AT 32250 MISSION TRAIL (APN 365 -040 -024) LAKE ELSINORE, CA 92530 PLANNING DIVISION GENERAL CONDITIONS 1. The decision of the Planning Commission shall be final fifteen (15) days from the date of the decision, unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.80 of the Lake Elsinore Municipal Code. 2. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning this Conditional Use Permit. 3. Conditional Use Permit no. 2008 -09 will lapse and become void one (1) year of the approval date unless a building permit is issued and construction commenced and the project is diligently being pursued toward completion. 4. All Conditions of Approval shall be reproduced upon page one of any building plans submitted to the Building and Safety Division for Plan Check. 5. Prior to the issuance of a Certificate of Occupancy, the applicant shall sign and complete an "Acknowledgement of Conditions," and shall return the executed original to the Community Development Department for inclusion in the case records. 6. All conditions reflected on the approved plans shall be used unless modified by the Applicant and approved by the Community Development Director or designee. 7. All site improvements shall be constructed as indicated on the approved site plan and floor plan, with revisions as noted herein. All plans submitted for Building Division plan check shall conform to the submitted plans as modified by the Conditions of Approval. Page 152 of 163 8. All necessary exterior /ancillary equipment shall be effectively screened from public view. All proposed screening methods shall be reviewed and approved the Community Developer Director or designee. 9. The Applicant is to meet and abide by all applicable City Codes and Ordinances. 10. A cash bond of $1,000.00 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to the approval of the Community Development Director or designee. 11. The Applicant shall comply with the City's Noise Ordinance at all times. 12. The Applicant shall provide landscape improvements and full irrigation to all slope areas along Mission Trail and planter areas within the parking area of the property. Landscape improvements, including functioning irrigation shall be inspected and approved by the City Landscape Plan Check/inspector at the applicant's cost. 13. Planting within fifteen feet (15') of ingress /egress points shall be no higher than 36 inches. 14. The applicant shall submit a check in the amount of $64.00 made payable to the County of Riverside for a Notice of Exemption. The check shall be submitted to the Planning Division for processing within 48 hours of the projects approval. 15. All requirements of the Riverside County Fire Department and Riverside County Sheriff Department shall be met and adhered to at all times. 16. A copy of these conditions of approval shall be kept on site at all times and shall be made available for review to any government official conducting official business. 17. This appFeval shall be 11mitpH to H14; 8Rt9rta*R!; parties and banquets--G*. Deleted by Planning Commission 516108 18. Night dubs, disG Deleted by Planning Commission 516108 19. Adequate security personnel shall be provided by the applicant for all events conducting live entertainment (bands, DJ, karaoke, etc.). Furthermore, the property owner shall provide state licensed and bonded security staffing to effectively patrol the exterior. of the property and interior during live entertainment events Security staff will make every effort to prevent breaches of the peace, prohibit loitering, and provide for the general safety of Trevi Entertainment patrons. Security personnel provided by customers renting the facility is prohibited. Modified by Planning Commission 06 116 /09 Page 153 of 163 20. The operation shall maintain suitable kitchen facilities for the cooking of an assortment of foods, which may be required for meals and adequate seating arrangements for sit -down patrons provided on the premises. 21. Alcoholic beverages are sold or dispensed for consumption on the premises only when served at tables or sit -down counters by employees of the restaurant. 22. The sale of alcohol for consumption off the premises is prohibited. 23. The owner, manager, or person in charge of the establishment shall be 21 years or older. At least one such person shall be present on the premises during all business hours of operation. 24. All improvements on the property will be continuously maintained, including repairs to structures and replacement of dead or diseased plant material. 25. The Planning Commission reserves the right to hold a public hearing to consider the revocation of this permit, or the imposition of additional conditions, if the Commission determines that such action is warranted. 26. Sales and service of alcoholic beverages within areas conducting live entertainment shall be permitted only between 9 p.m. and midnight. Other areas of the facility shall maintain the following hours of operation: • 11 a.m. to 11 p.m. Monday through Thursday • 9 a.m. to 1 a.m. on Fridays and Saturdays • 9 a.m. to 11 p.m. on Sundays. • In the event that hours of operation are extended, alcohol service shall cease no later than one (1) hour prior to closing. 27. Areas of the premises not including the restaurant area and the "Elks" facility shall be maintained as an entertainment/bowling center, restaurant, and arcade and shall provide a menu containing an assortment of food as offered in such restaurants. Any discontinuation to the aforementioned uses will require a new Conditional Use Permit for live entertainment. 28. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records which reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said reports shall be kept no less frequently than on a quarterly basis and shall be made available to the City on demand. 29. GI fasiiity At no time shall there be a requirement to purchase a minimum number of alcoholic beverages. Modified by Planning Commission 516108 Page 154 of 163 30. The rear doors of the premises shall be equipped on the inside with an automatic locking device and shall be closed at all times, and shall not be used as a means Of access by patrons to and from the licensed premises. Tempora ry. use of these doors for delivery of supplies does not constitute a violation. Further, the doors and associated locking hardware shall comply with all building code requirements. 31. Security staff for the remainder of the facility shall be provided as outlined in the submitted Operation /Safety plan. Security staff shall be increased if requested by the Chief of Police. 32. The installation of high quality security surveillance cameras, recorders, and monitors at mutually agreed upon location shall be installed and maintained in good operating condition. Video recording shall be made available on demand to the Lake Elsinore Police (Sheriff) Department and all recordings shall be kept for at least 30 days. Modified by Planning Commission 6116109 33. Shall AGGi-IF Superseded by Condition No. 53 34. The operator shall cooperate and assist the Riverside County Sheriff in the active Prosecution of criminals who have victimized the business or its patrons. 35. Upon site inspection, if it is determined that the site has insufficient lighting, the Community Development Director and /or Riverside County Sheriff Department may require additional lighting in front of the building or in the parking lot area. 36. No pay phone will be maintained on the exterior of the premises. Pay phones on the premises may not accept incoming calls. 37. Loitering is prohibited on or around these premises or the area under the control of the license /petitioner. 38. No obstructions shall be attached, fastened or connected to either the partitions or ceiling to separate booths /dining areas within the interior space of the licensed premises. 39. The licensee /petitioner shall not maintain or construct any type of enclosed booth intended for use by patrons or customers for any purpose. 40. No employee or agent shall be permitted to accept money or any other thing of value from a customer for the purpose of sitting or otherwise spending time with customers while in the premises, nor shall the licensee /petitioner provide or permit, or make available either gratuitous or for compensation, male or female persons who act as escorts, companions, or guests of and for the customers. 41. No employee or agent shall solicit or accept any alcoholic or non - alcoholic Page 155 of 163 beverage from any customer while in the premises. 42. Any graffiti painted or marked upon the premises or any adjacent area under the control of the licensee /petitioner shall be removed or painted over within 24 hours of being applied. 43. Outdoor storage on any portion of the property is prohibited. 44. All requirements of CUP No. 2007 -01 shall be adhered to, unless specifically modified by this approval (CUP No. 2008 -09). 45. All. requirements and regulations of the State Department of Alcoholic Beverage Control (ABC) shall be adhered to at all times. 46. A Uniform Sign Program application shall be submitted and approved for the detached sign and numerous wall signs that have been installed without Planning Commission review. ENGINEERING DIVISION GENERAL 47.AI1 Public works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit 48. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR &R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. DRAINAGE 49.All On -site drainage shall be conveyed to a public facility, or accepted by adjacent property owners by a notarized letter of drainage acceptance, or conveyed to a drainage easement. 50.All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 51.All roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs shall drain to a landscaped area. Driveways shall be sloped to drain into landscaping prior to entering street facilities. STORMWATERI CLEANWA TER PROTECTION PROGRAM Page 156 of 163 52. The City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances rohibit the discharge of waste into storm drain system or local surface waters. This includes non -storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways - without Regional Water Quality Control Board permit or waver — is strictly prohibited by local ordinances and state and federal law. RIVERSIDE COUNTY FIRE DEPARTMENT See Attachment No. 8 Added by City Council on July 22, 2008 53.All existing security cameras are to be continuously and actively monitored by dedicated security personnel during business hours between 5pm and until closing every business day. 54.The owner of Trevi will maintain an adequate number of trained, adult security employees on duty at all times during business hours, dedicated to the safety and security function with no less than two (2) clearly identified trained security officers per 100 persons occupying (or anticipated to occupy) the interior rooms /areas where alcohol is served or where there are special events open to the public (including private parties, DJ /live music, dances, etc.) from 5pm until closing each business day, and two (2) security personnel dedicated to the exterior of the facility (parking lot, patios, etc.) to insure pedestrian and vehicle safety /security from 5 pm until closing each business day. 55. Security staff shall be increased as directed by the Chief of Police in the event existing security arrangements prove to be inadequate as determined by the Chief of Police. 56. Business management will immediately alert law enforcement when there are any violations of law or unruly behavior occurring on the premises. 57.The operation shall not allow any events to result in the over population of rooms /areas as defined in the maximum occupancy requirements set forth by the City and the Fire Department in the approved building plans. Page 157 of 163 58. Trevi will not be permitted to allow live dancers, fashion shows, lingerie, or any other modeling events to occur on the premises apart from or in conjunction with the afore- described events. 59.The business managementlowners shall fully cooperate with and assist law enforcement in the identification of criminals and criminal activity, and the active prosecution of criminals who have victimized the business or its patrons. 60.Trevi will insure that all Alcoholic Beverage Control (ABC) laws, regulations, requirements are strictly adhered to by management and staff. 61.The CUP shall be reviewed by the City Council in six (6) months and shall include a review of the operation of the Trevi Center and the demand on police resources at the end of the six -month period as well as recommendations from City staff and the Chief of Police. 62.The business operator will provide a minimum thirty (30) day notification, in writing, to the Community Development Department, Police (Sheriff) Department, and Riverside County Fire Department, of any scheduled event that may approach maximum occupancy limits. The notification shall include the following: a. Copies of all proposed advertisements, flyers, brochures, and a list of advertisement locations (such as websites, newspaper, television, etc.). b. A detailed security plan which, minimally, provides the following information: i. Date of Event ii. Event hours of operation iii. Name, and contact information (phone numbers) for the person in- charge of the event. The person listed as in- charge must be present, on the property, throughout the entire event. iv. Name, and contact information (phone numbers) for the Trevi manager or supervisor who will be present during the event. v. Name, and contact information (phone numbers) for the supervising, or lead, security person present during the event. vi. 24 hour contact information for the security agency contracting with the property owner. vii. Detailed description of the event that identifies whether live bands, Disc Jockeys, or other entertainment will be present. viii. Whether alcohol will be served or not. ix. Anticipated attendance. x. Planned cover charges. Page 158 of 163 c. The Community Development Department, Police (Sheriff), or Fire Department may reject submitted security plans and /or require reasonable changes. Added by Planning Commission 06116109 63. Private events shall go no later than 3 art 2 am nor before 8 am. with the exception of adult supervised high school events in which the Community Development Director shall approve such events on a cases by cases basis. Added and modified by Planning Commission 06/16109 64.The business operator shall work with neighboring businesses, particularly the adjacent motel /hotel facilities, to mitigate potential noise disturbances arising from events occurring on the Trevi property. Added by Planning Commission 06/16109 Misc. 65. The business operator shall immediately report all incidents regarding victimization of the business or patrons. Added by Planning Commission on 6/16109 66. A progress report regarding business operations and this CUP approval shall be reviewed at the December 15, 2009 Planning Commission meeting. Added by Planning Commission on 6/16/09 End of Conditions Page 159 of 163 Chapter 17.168 CONDMONAL USE PERMITS Sections: 17.168.010 17.168.020 17.168.030 17.168.040 17.168.050 17.168.060 17.168.070 17.168.080 17.168.090 17.168.100 17.168.110 17.168.120 17.168.130 Chapter 17.168 CONDITIONAL USE PERMITS Purpose. Application. Fees. Public hearing. Action of the Planning Commission. Findings. Effective date of the use permit. Lapse of conditional use permit. Preexisting conditional uses. Modification of conditional use permit Suspension and revocation. Reapplication. Use permit to run with the land. ATTACHMENT: 17.168.010 Purpose. The City realizes that certain uses have operational characteristics that, depending upon the location and design of the use, may have the potential to negatively impact adjoining properties, businesses, or residents. Said uses therefore require a more comprehensive review and approval procedure, including the ability to condition the project, in order to mitigate any determined impact. In order to achieve this purpose, the Planning Commission is empowered to grant and to deny applications for conditional use permits and to impose reasonable conditions upon the granting of conditional use permits. [Ord. 772 § 17.74.010, 1986. Code 1987 § 17.74.010]. 17.168.020 Application. Application for a conditional use permit shall be filed with the Planning Department on a form prescribed by the Director of Community Development and shall include, but not be limited to, the following data and maps: A. Name and address of the applicant. B. Statement that the applicant is the owner or the authorized agent of the owner of the property on which the use is proposed to be located. This provision shall not apply to a proposed public utility right -of -way. C. Address and legal description of the property (assessor's parcel number). D. Statement indicating the proposed use together with any other data pertinent to the consideration and granting of a conditional use permit prescribed in this section including but not limited to hours of operation and number of shifts, number of employees, processes involved and materials used, types and volume of traffic to be generated. E. A list of all owners of property within 300 feet of the exterior boundaries of the subject property; the list shall be keyed to a map showing the location of these properties. F. Site plans, fully dimensioned, indicating the type and location of all buildings and structures, parking and landscape areas and signs. G. The Director may require additional information or plans, if necessary, to Page 160 of 163 http:// www. codepublishing. com/ CA/ LakeElsinore /htmi/LakeElsinore]7[r.akPF.lQ;, n,, . . Chapter 17.168 CONDITIONAL USE PERMITS Page 2 of determine whether a conditional use permit should be granted or denied. The Director may also authorize omission of any plans and drawings required by this action if he finds they are not necessary. [Ord. 772 § 17.74.020, 1986. Code 1987 § 17.74.020]. 17.168.030 Fees. A conditional use permit application shall be accompanied by a fee established by resolution of the City Council to cover the cost of handling the application as prescribed in this section. [Ord. 772 § 17.74.030, 1986. Code 1987 § 17.74.0301. 17.168.040 Public hearing. The Planning Commission shall hold at least one public hearing on each application for a conditional use permit. The hearing shall be set and notice given as prescribed in Chapter 17.192 LEMC. At this public hearing, the Commission shall review the applications and drawings submitted therewith and shall receive pertinent evidence concerning the proposed use and proposed conditions under which it would be operated or maintained, particularly with respect to the findings prescribed in this section. [Ord. 772 § 17.74.040, 1986. Code 1987 § 17.74.040]. 17.168.050 Action of the Planning Commission. The Commission may grant a conditional use permit as the permit was applied for or in modified form, or the application may be denied. A conditional use permit may be granted for a limited time period, and may be granted subject to such conditions as the Commission may prescribe. Conditions may include, but are not limited to, payment of fees; requirements for special yards, open spaces, buffers, fences and walls; requiring installation and maintenance of landscaping; street dedications and general infrastructure improvements; regulations of points of vehicular ingress and egress; control of traffic circulation; regulation of signs; regulations of hours of operation and methods of operation; limitations on attendance; control of potential nuisances; prescribing standards of maintenance of buildings and grounds; phasing; development standards; and such other conditions as the Commission may deem necessary to ensure compatibility of the use with surrounding development and preserve the public health, safety and welfare. [Ord. 772 § 17.74.050, 1986. Code 1987 § 17.74.050]. 17.168.060 Findings. The Commission shall make the following findings before granting a conditional use permit: A. That the proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. B. That the proposed use will not be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City. C. That the site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by this title. D. That the site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use. Page 161 of 163 http:// www. codepublishing. com/ CA /LakeElsinOre/html/LakeElsinore 17/T.akPFi,; „,,,.Ai Chapter 17.168 CONDITIONAL USE PERMITS Page 3 of 4 E. That in approving the subject use at the specific location, there will be no adverse effect on abutting property or the permitted and normal use thereof. F. That adequate conditions and safeguards pursuant to LEMC 17.168.050 have been incorporated into the approval of the conditional use permit to ensure that the use continues in a manner envisioned by these findings for the term of the use. [Ord. 772 § 17.74.060, 1986. Code 1987 § 17.74.0601. 17.168.070 Effective date of the use permit. The decision of the Commission shall be final unless a written appeal is filed with the City Clerk within 15 calendar days from the date of the decision pursuant to the provisions of Chapter 17.180 LEMC. [Ord. 1194 § 5, 2006; Ord. 772 § 17.74.070, 1986. Code 1987 § 17.74.070]. 17.168.080 Lapse of conditional use permit. A conditional use permit shall lapse and shall become void one year following the date on which the use permit became effective unless, prior to the expiration of one year, a building permit is issued and construction commenced and diligently pursued toward completion on the site which was the subject of the use permit application. [Ord. 772 § 17.74.080, 1986. Code 1987 § 17.74.080]. 17.168.090 Preexisting conditional uses. A conditional use legally established prior to the effective date of the ordinance codified in this chapter, or prior to the effective date of subsequent amendments to the regulations of zone boundaries, shall be permitted to continue; provided, that it is operated and maintained in accord with the conditions prescribed at the time of its establishment. Any alteration or expansion of a preexisting conditional use shall be permitted only upon the granting of a use permit as prescribed in this section. [Ord. 772 § 17.74.090, 1986. Code 1987 § 17.74.0901. 17.168.100 Modification of conditional use permit. An application for modification, expansion or other change in a conditional use permit shall be reviewed according to the provisions of this chapter in a similar manner as a new application. [Ord. 772 § 17.74.100, 1986. Code 1987 § 17.74.1001. 17.168.110 Suspension and revocation. Upon violation of any applicable provision of this chapter, or, if granted subject to conditions, upon failure to comply with conditions, a conditional use permit shall be suspended as follows: The Planning Commission shall notify, in writing, the holder of the conditional use permit of its intention to hold a hearing to consider revocation of the use permit. Said notice shall be made at least 10 days prior to the actual date of the hearing. At the hearing, the Commission shall consider evidence from all interested parties and after deliberation if not satisfied that the regulations, general provisions, or condition is being complied with, may revoke the conditional use permit or take such action as may be necessary to ensure compliance with the regulations, general provisions or condition. Within five days following the date of a decision of the Commission revoking a use permit, the secretary shall transmit to the applicant and City Council written notice of the decision. The decision shall become final 15 days following the date on which the use permit was revoked unless an appeal has been filed. [Ord. 772 § 17.74.110, 1986. Code 1987 § 17.74.1101. Page 162 of 163 http:// www. codepublishing. com/ CA/ LakeElsinore /htrnVf-akeFic '71Y Chapter 17.168 CONDITIONAL USE PERMITS Page 4 of 4 17.168.120 Reapplication. Following the denial of a conditional use permit application or the revocation of a conditional use permit, no application for a conditional use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the conditional use permit. [Ord. 772 § 17.74.120, 1986. Code 1987 § 17.74.1201. 17.168.130 Use permit to run with the land. pu suanit to the Notwithstanding provisions conditional of tis section all run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the conditional use permit application. [Ord. 772 § 17.74.130, 1986. Code 1987 § 17.74.130]. This page of the Lake Elsinore Municipal Code is current through Ordinance 1258, passed January 13, 2009. Code Publishing Company Disclaimer: The City Clerk's Office has the official version of the Lake Elsinore Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. City Website: http: / /www.lake- elsinore.org/ Telephone number: (951) 674 -3124 Page 163 of 163 http:// Www. codepublishing .COM/CA/LakeP.leinnren,*.Ifr ..,...C,..:_- ___,.,,. .