HomeMy WebLinkAboutItem No. 3C ITY OF
LADE 2 LSI110P E
__V 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 datinq back to March 2007.
Date R,e uest Hearin ; Bod
_. Action ,
CUP No. 2007 -01
for a video arcade, Planning
March 7, 2008 outdoor dining area, Commission Approved
and on- premise
alcohol sales.
CUP No. 2008 -09 Trevi Lanes
February 17, 2009
Page 2
CUP 2008 -09 for Approved subject to
May 6, 2008 live music, dancing, Planning conditions of
and entertainment Commission approval
June 10, 2008 1 Appeal of CUP I City Council I Continued
Appeal of CUP Approved with
July 22, 2008 2008 -09 (continued City Council further conditions of
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
ARJti. V
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
ARJti. V
CUP No. 2008 -09 Trevi Lanes
February 17, 2009
Page 3
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 all 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.
CUP No. 2008 -09 Trevi Lanes
February 17, 2009
Page 4
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
PACE ,
CUP No. 2008 -09 Trevi Lanes
February 17, 2009
Page 5
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
applied.
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 to Planning
Commission votes to revoke CUP 2008.09.
CUP No. 2008 -09 Trevi Lanes
February 17, 2009
Page 6
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
3. 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)
PP I GI - L. c.'
RESOLUTION NO. 2009-
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 ELISNORE
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, two appeals of the Commission's approval of CUP 2008 -09 were
filed; and
WHEREAS, on July 22, 2008, the City Council of the City of Lake Elsinore (the
"City Council ") heard the two appeals and affirmed the Commission's approval of
CUP 2008 -09 subject to additional conditions of approval, including a 6 -month review
for compliance with the conditions of approval; and
WHEREAS, at the 6 -month review heard on January 27, 2009, the City Council
heard evidence presented by staff, the applicant and by members of the public; and
WHEREAS, by a 4 -1 vote, the City Council referred CUP 2008 -09 back to the
Commission to consider revocation of said CUP for applicant's failure to comply with the
conditions of 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 February 17, 2009, at a duly noticed public hearing, the Planning
Commission considered evidence presented by the City Council, 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:
Agenda Item No. 3
Page -7of f
PLANNING COMMISSION RESOLUTION NO. 2009-
PAGE 2 OF 2
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.
PASSED, APPROVED AND ADOPTED this 17th day of February 2009.
Axel Zanelli, Chairman
City of Lake Elsinore
ATTEST:
Tom Weiner
Acting Director of Community Development
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. 2009-_ was adopted
by the Planning Commission of the City of Lake Elsinore at a regular meeting held on
the 17th day of February 2009, and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tom Weiner
Acting Director of Community Development
Agenda It No. 3
PageTof, I
Attachment 1
17.74.060 ZONINI 3.110
compatibility of the use with. surrounding be final ten (10) days from the date of the
development and preserye the public health; decision unless an appeal has been filed
safety and welfare. (Ord: 772, § 17,74.050, with the City Council pursuant to. the provi-
1986) sions of Chapter 17.80. (Ord. 772 § 17.74.070,
1986)
17.74.060 Fin The Commission shall
make the following findings before granting
a Conditional Use <Fermit:....
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 ofthe j fanning district
in-which the site is located...
B. That then ,Proposed ..use, will not. -be
detrimental to the general .health,. safety,
comfort, or general welfare of persons re-
siding or wor16g within.tihe nei boyhood
of the proposed use or. the. City or njuxious
to Property yor improvemenfis°in the neighbor-
hood or tliaCity
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 A lid
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:..
E. That in approving the subject use at
the specific location, there will be no adverse
effect onabutting property or the permitted
and normal usethere.oC
R That adequate conditions and safe-
guards pursuant to, 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.
(Ord. 772 § 17.74,060, I986)
17.74.070 Effective date of the Use Per-
mit. The decision. of the Commission shall
17.74.080 Lapse of Conditional Use Per-
mit. A Conditional Use Permit shall lapse.
and shall become void one (1) 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
constructio.wcommenced and ftentlypur-
sued toward completion on the site which
was the subject of.the use permit application..
(Ord. 772, § 17.74.080, 1986)
17.74.090 Pre - existing conditional uses.
A conditional use legally established prior
to the effective date of this ordinance, 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 pre - existing conditional
use shall be permitted only ugon the granting
of a use permit as prescribed in this Section.
(Ord. 772, § 17.74.090, 1986)
17.74.100 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)
17.74.110 Suspension and revocation.'
Upon violation of any applicable provision
of this ordinance, or, if granted subject to
1835
17.74:120 LAKE ELSINORE CODE 17.76.010
conditi6ns;t upon "failure rto comply. with
conditions;'a Conditional Use Permit`shall
be suspen&&tit`follows:
Tlie' Planming Commission sha]I. 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 in at least ten (10) days
prior t&,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 regula-
coitipfled h;'inay revoke the "Conditional
Use Permit *or take such action as may be
necessad ,:, to'.erisure.`coiupliance` with the
regulations,,general'provisions or condition.
Within five (5) days following the date of a
depisiop _pj;the;Comlltission revoking a Use
Perm it,. t he sktall transmit to the
applicant:and City.Council written notice of
the decision. The decision:shall become final
fifteen (16) days following. the date on which
the use permit was revoked unless an appeal
has been fled. (Ord. 772,.Q 17.74:110, 1986)
17.74.120 Reapplication. Following the
denial of a Conditional Use Permit applica-
tion 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 sub-
stantially-the same site, shall be filed within
one.year,from the date of denial or revoca-
tion of the Conditional Use. Permit. (Ord.
772, 9 17.74.120, 1986)
17.74.130 Use permit to run with the land.
Notwithstanding conditions to the contrary,
a, Conditional Use Permit granted pursuant
to the provisions of this Section shall run
with the land and shall continue to be valid
upon a "change of ownership of the site or
1836
structure which was the subject of the
Conditional'Use Permit "application. (Ord.
772, 9 17.74J30,1986)
Chapter 17.76 (Reserved) -
Chapter 17.76.
VARIANCES
Sections:
"
17.76.010.
Purpose.
17.76.020
Application. "
17.76.030
Fee. -
17.76.040
Public hearing."
17.76.060
Action of the Planking -
-
Commission." - ... .
17.76.060
Findings.. ..-
17.76.070
Effective date of the variance.
17.76.080
Lapse of variance.,
17.76.090"
Pre - existing varlauce:
17.76.160
Modification -of variance: .: .
17.76.110
Suspension and revocation.- �..
17.76.120 -"
Reapplication. "
17,76.130"
Variance to run with the land.
17.76.010 Purpose. The City realizes that
under certain circumstances an .applicant '
while attempting to comply with provisions
of the ironing Ordinance as strictly inter
preted, may, because of certain physical
conditions related to the site, such as size,
shape, dimensions, topography, or" unique
setting, experience practical difficulties
and /or unnecessary physical hardships
which are inconsistent with the ordinance's
intended purpose. This Chapter, therefore,
is intended to provide a mechanism whereby
the Planning Commission may grant relief
from the applicable provisions of the Code.
The ability to grant variances shall not, how-
ever, extend to use regulations or to public
safety regulations because such authority is
precluded by other local ordinances or. State
law. Also, in no case shall cost to the appli-
cant of strict or literal compliance with a
regulation be the primary reason for granting
of a variance. (Ord. 772, 9 17.76.0I0, 1986)
g
ppror, 10
Attachment 2
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
(REVISED)
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
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
hold harmless the City, its
claim, action, or proceeding
Agents to attach, set aside
agencies, appeal boards,
Permit.
(with counsel acceptable to the City), indemnify, and
Officials, Officers, Employees, and Agents from any
against the City, its Officials, Officers, Employees or
void, or annul an approval of the City, its advisory
or legislative body concerning this Conditional Use
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 b th
City Council Approved
July 22, 2008
y e
6bV L V'3 �^: iTE',: °` N
uzs
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 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.
19. Adequate security personnel shall be provided by the applicant for all events
conducting live entertainment (bands, DJ, karaoke, etc.). Security personnel
City Council Approved
July 22, 2008
Acs, G1-F.;
provided by customers renting the facility is prohibited.
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 entertainmenttbowling 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. No ;;dFRIsR'Pn sh
City Council Approved
July 22, 2008
AC.TEs.Da
fasitity: At no time shall there be a requirement to purchase a minimum number of
alcoholic beverages. Modified by Planning Commission 516108
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.
shall eesui: at a times. 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,
City Council Approved
July 22, 2008
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.
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.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.
City Council Approved
July 22, 2008
ppoc _` �.
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 CLEANWATER 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 prohibi t 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
LAKE ELSINORE POLICE DEPARTMENT (RIVERSIDE COUNTY SHERIFF)
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.
City Council Approved
July 22, 2008
AGENDA ITEM NO.
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.
59.The business management/owners 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.
End of Conditions
City Council Approved
July 22, 2008
AGENDA 4 a W'r "s NO.
PPGE = O
CIT OF R
LADE C*LSIH0P E
DREAM
December 19, 2008
Michel Knight
Trevi Lanes
32250 Mission Trail
Lake Elsinore, CA 92530
Attachment 3
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 concern 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
monitors were turned off and no
request to view surveillance f
indicated that the video m6nitori
to be repaired. Per the condit
operation of surveillance. equiptxi
+dillance office area, screens and
Wring was taking . place,, -Alse, upon a
le from. earlier in the d'y, it was
stem had "crashed" and i. ould need
of approval, monitoring and proper
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: exteflOr areas. of the property (light poles,
bollards, utility boxes). Per the conditions of approval, all graffiti must be
removed within 24 hours.
951.674.3124
130 S. MAIN STREET
TAKE ELSINORE. CA 92530
W WW.LAKE-ELSI NORE.ORG
Trevi Lanes
December 19, 2008
Page 2
Restaurant/ "allusions" Area
5. Several doors within this area 'did not have proper panic hardware
installed. Additionally, the front entry/exit 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 revow 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
- � t"—�
Tom Weiner
Acting Community Development Director
c: Bob Brady, City Manager
Robin Chipman, Building and Safety Manager
KG EIv1. Y'OR E - 3a -MJ.
Attachment 4
CITY OF -�
LADE ULSIHORE
,. °>� E
APPLICANT:
Name: /W/Ct/6Z K"16HT
Company: _7706w/ tcNTt727/9 /NM�/'.,[9 - C Y't
Address: 3 2:2 5'U MesSlOry TId9/ C 2n
City /State /Zip: [�9u� E'45/NGraE CR 425'3b
Telephone: ( 95 ) 305-a 8a .H
Fax Number: ( 951 ) G 7Y- 60 0/
APPLICATIONFORM
CONDITIONAL USE PERMIT
PROPERTY OWNER:
Name: Ly 4 0,&o
Company: T_ / ! �c- p n
Address: !o: io 444(MiniAL U u I
City /State/Zip: _i.✓r�'�;r`/s'F�,- �o R' 2
Telephone: ( 1 7 v 3 - �_ (o - soy o
Fax Number: ( )
E - Mail: zy /C!/Et. cony wr3ooc3 6_> 1f0r^;tAc COtA E -Mail:
ease check this box if you are willing to receive staff reports via email.
via Fed -Ex.
If this box is checked, staff reports will not be sent
ASSESSOR'S PARCEL NUMBER(S): 36 S- C7 clo - Oa y
GENERAL LOCATION OF PROJECT/ ADDRESS: 32x56 M/55 /Orc! 7rwe
PROJECT DESCRIPTION (Attach a separate sheet if needed): ylntllFi�fl7 /O� 6F' Foie 2c�8 -o�y
COAL L' 82rZ97_ /ZCA
PROJECT INFORMATION:
Zoning Designation: General Plan Designation:
Acreage: _ C !. O] Number of Buildings /Units: ,1
Is Project Intended to be Phased? PO Specific Plan in which Site is Located
Associated Applications
AFFIDAVIT: I hereby certify that the information furnished above is
Applicant's Signature:
Type / Print Name: /L! /CH €C
Property Owner's Signature:
Date: / - RO -69
Date:
Type / Print Name:
FOR OFFICE USE ONLY
Received By: _
CRS Number. _
Project Number(s):
Date:
Project Planner:
REC E CM D
JAN 2 3 2009
true, and correct to the best of my knowledge or belief.
CITY OF LAKE
Attachment 6'
RIVERSIDE COUNTY
Sheriff's Department
Stanley Sniff, Sheriff- Coroner
Lake Elsinore Station
Date: 1/21/2009
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
Memorandum
alcohol related issues, i.e., assaults, DUl'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. Not cited.
• August 2008, the nightclub was again operating and code enforcement
responded. 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 (L07313001).
• 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
(L08230080).
• 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.
A -GENDA ICE.„ N; 3
PAOFE as Cr t I
• 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 (1-08284045).
• 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.
LN08298121/ 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 (1,000 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 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;
hftp : / /vids.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
itiLE���"". E 6 E, NO. CC 3 _LT-
pl - C�' C:.
"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 parry 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 to 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
2-9 C7
the following information;
L 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.
F7
AGENDA l P `; E 3
PA:irE Cr
CITY OF
LADE f2LSIIYOKE
-� ` DREAM EXTREME.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: JANUARY 27, 2009
Attachment 6
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 owner's 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.
FkGEND'A ff EM NO.
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 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 removal /demolition 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(inspector at the applicant's cost.
AGEMAtTEMA NO.
PAGE_ - ; _ oO ° - 4j—
CUP No. 2008 -09 Trevi Lanes (6 -Month Review)
January 27, 2009
Page 2
CUP No. 2008 -09 Trevi Lanes (6 -Month Review)
January 27, 2009
Page 3
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 shell 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 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.
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.
AGENDA @r: ruo, 3_
CUP No. 2008 -09 Trevi Lanes (6 -Month Review)
January 27, 2009
Page 4
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.
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.
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
applied.
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.
Recommendation
Currently, the applicant must address conditions of approval that are not being met.
Most notably, the applicant must file a request to modify the existing CUP in order 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:
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
unpermitted stage, meet all conditions of approval, and obtain building permits
for tenant improvements within a specified time frame.
AGENDA iTLL-i'
CUP No. 2008 -09 Trevi Lanes (6 -Month Review)
January 27, 2009
Page 5
3. Refer the item to the Planning Commission for consideration of revocation of the
CUP (per LEMC Section 17.74.110 "Suspension and Revocation" Attachment 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 <0
Acting Director of Community Development
Approved by: Robert A. Brady
City Manager
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
iGG V
CITY OF
LAKE , LS1f10R,E
DREAM EXTREME.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: JULY 22, 2008
Attachment 7
SUBJECT: CONSIDERATION OF TWO (2) APPEALS OF THE PLANNING
COMMISSION'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:
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paFties and banquets only. Deleted by Planning Commission 516/08
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29.
facility: 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.
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CUP No. 2008 -09
July 22, 2008
Page 2
The following matrix reflects Planning Commission and City Council actions regarding
Trevi operations dating back to March 2007.
Discussion
For ease of discussion, Figure 1 below, which reflects existing and proposed uses, has
been included for reference.
Figure 1
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CUP No. 2008 -09
July 22, 2008
Page 3
Elks Area of Trevi Facility
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 restauranttlitusions portion of the building. Initially, the
restaurant/illusions area did not pass inspection due to issues with fire sprinklers,
exiting, electrical, and plumbing work. These issues were mainly due to this portion of
the building being constructed without Building Division approvals or inspections.
Although the entire tenant improvement (mainly the restauranVillusions 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.
Compliance with Conditions of Approval for CUP 2007 -01
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 to what
conditions of the original CUP had or had not been met.
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 occasions (most recently on June
27, 2008 and July 14, 2008).
• Outdoor storage at the rear of the property remains. However, improvement has
been noted in that an inoperative 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.
AGONDA "
PAC 3 3 e:
CUP No. 2008 -09
July 22, 2008
Page 4
• Active monitoring of surveillance equipment at all times has not occurred. The
applicant, in recent discussions with the Chief of Police, has indicated that
monitoring was only necessary after 5 pm. Staff advised the applicant that a
solution to this is necessary in order to have an appropriate schedule for video
monitoring.
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 people. The applicant
cleared this area immediately when asked to do so by City staff and indicated
that he was not clear 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 Proposed 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 restaurantlillusions
area, and the sports bar area, which are all identified in Figure 1.
Initially, it was not clear if the applicant's request for live entertainment uses included
areas other than the existing Elks section and the restaurant/Illusions section. Staff
requested in writing (Attachment 5) that the applicant specify the type and location(s)
where live entertainment was being proposed, as this information was not provided on
the submitted CUP application. While 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, his
recommended conditions should be included. Some of the conditions outlined in the
Police Chiefs memo include the following:
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.
AGENDA S T E, fi0, 3
CUP No. 2008 -09
July 22, 2008
Page 5
2. Maintain an adequate number of 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 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,
DJ/live 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:
1. 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
CUP No. 2008 -09
July 22, 2008
Page 6
2. Uphold the Planning Commission's decision to approve Conditional Use Permit No.
2008 -09 with additional conditions of approval presented herein; or
3. Overturn the Planning Commission's decision and deny Conditional Use Permit No.
2008 -09.
Prepared by: Tom Weiner
Planning Manager
Approved by: Robert A. Brady
City Manager
Attachments;
1. Letter from Chief of Police regarding consideration of additional Conditions of
Approval dated July 16, 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 -09 (modified 5/6/08).
5. Completeness letter from staff requesting clarification of proposed live
entertainment area(s) dated March 4, 2008.
6. City Council staff report of June 10, 2008 and attachments (including Planning
Commission Staff Report, Resolutions, and Exhibits from the May 6, 2008
Meeting).
7. Floor Plan
(22)
Community Development Director Preisendanz presented the staff report. He
indicated the item before Council was a consideration of two appeals of the
Planning Commission decision to approve CUP No. 2008 -09. He noted Council
continued the appeal and requested staff to provide further information related to
the approval of the Elks portion of the facility; specifically as to what areas were
being proposed for live entertainment and compliance with existing conditions of
approval. He indicated a sign program has been submitted to staff and the
graffiti has been removed from the identified areas. He also noted City staff,
Mayor Hickman and Captain Fetherolf met with the owner of Trevi to discuss
additional conditions of approval to which the applicant was agreeable.
George Alongl, Wildomar resident, spoke in favor of the Trevi business and
stated he agreed with the Police Chief but felt this was no reason to deny this
type of business.
Mukesh Patel, Best Western, indicated everyone should have the right to run a
business without any problems and conflicts. He indicated his main concerns
were with noise levels, safety and security of their guests and employees. He
indicated should Council intend to permit Mr. Knights business, then Council
should consider some conditions that protect his hotel and guests. He suggested
1) reduce the noise level from 65 to 55 decibel or less and monitoring the noise
level from his property to Mr. Knight's property and from Mr. Knight's property to
his; 2) building should be sound proof to include all walls, doors and ceiling; and
3) be advised of the times of events.
David Bristow, Counsel representative for Trevi, indicated he did not receive the
most current conditions or staff report. After some debate on whether or not he
received the final conditions, the conversation continued.
The Director of Community Development Preisendanz indicated the applicant
submitted a sign program, they have taken care of the graffiti that was identified,
did some clean up on the property and pulled weeds. He noted staff agreed to
contact the property owner to pursue his compliance with the landscaping. He
indicated the original CUP has been approved; staff if working with the applicant
to get the sign program approved and everything cleaned out. He noted the
applicant has planted some ground cover along Mission Trail and agreed to add
more shrubs.
Captain Fetherolf indicated his appeal on the recommendation of the Conditional
Use Permit proposed by the Planning Commission where they removed certain
restrictions from the CUP which would allow the facility then to be used as a
nightclub /discotheque, music, comedy or type of entertainment business on the
premises. He noted staff, the Mayor and himself met with Mr. Knight on July 14'"
to discuss what conditions might be appropriate should the Council decide to
carry forward with the Planning Commission's recommendations to allow night
club etc, at that center. He read from his letter submitted to the City Manager
regarding his concerns he expressed "previously about the Trevi Entertainment
Center changing from what was originally advertised as having a family- centered
focus to an adult night club environment... and the increase drain on police
resources such businesses create. My recommendation to the City Council is
that the facility remains a family- centered business with limited accommodations
for private parties, banquets, etc., in the adult - centered portions of the business."
He noted should the City Council approves the adult - entertainment focus, he
strongly recommends the following conditions be required in the Conditional Use
Permit along with the previously issued requirements in the revised general
conditions set forth in the CUP 2008 -09. He stated they were as follows:
1. All existing security cameras are to be continuously and actively monitored
by dedicated security personnel during business hours between 5 p.m.
until closing every business day; and
2. 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, W/live music, dances, etc.) from 5 p.m. 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
safetylsecurity from 5 p.m. until closing each business day; and
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; and
4. Trevi management will immediately alert law enforcement when there are
any violations of law or unruly behavior occurring on premises; and
5. Trevi will not allow any events to result in the over population of
rooms /areas as defined in the maximum occupancy requirements set forth
W by the City and the fire department in the building plans; and
M
PPLE
r- 6. Trevi will not be permitted to allow live dancers, fashion shows, lingerie or
any other modeling events, to occur on premises apart from or in
conjunction with the afore - described events; and
7. The business management/owners commit to 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; and
8. Trevi will ensure that all Alcoholic Beverage Control (ABC) laws,
regulations and requirements are strictly adhered to by management and
staff; and
9. The City place a probationary period of six (6) months on the issuance of
the CUP to include a review of the operation of the Trevi Center and the
demand on police resources at the end of the six -month period and to
include an official report of findings and recommendations to the City
Council from City staff and the Chief of Police.
David Bristow, Counsel representative for Trevi, indicated that he concurred
with all of the proposed conditions that his client was in agreement with and
thanked Captain Fetheroif for all of his efforts in this regard and coming up with
this list.
Mayor Pro Tern Kelley expressed her concerns with what occurred after
addressing this appeal at the last City Council meeting. She referred to a letter
signed by an employee wondering why Trevi is allowed to continue without a
permit (Attached). She indicated she will not support the Conditional Use Permit.
Captain Fetheroff reviewed the activity that had taken place at the Trevi
Entertainment Center from June 10'" through June 17"'. He indicated there were
14 calls in total, six of the calls were non - criminal in nature, eight were for
misdemeanor offenses, three of the eight were for assaults, and four were for
disturbance of the peace.
Councilman Magee indicated the CUP needs to be in 100% compliance. He
indicated the only way this can work is in a probationary basis which I heartediy
support the Chief of Police six month review which will be January 20, 2009. He
noted he is supporting this permit reluctantly and he wants the business to be
successful.
Councilman Buckley commented there is no problem with the use of the concept,
that it just be done right. He indicated some of the additional conditions that
were discussed last time should be added such as banning "all age" functions; no
outside promoter to use the space; only outside access to the nightclub; pay for
and install a decibel monitor that is installed in the back of the Best Western
10
property, a decibel monitor that records the decibel levels; and noted he did not
feel they should be allowed to open until all of the conditions of the first CUP are
in complete compliance; and a condition that allows immediate suspension of the
operation of the club at the discretion of the City Manager or Chief of Police and
placing the wording of the "large parties ordinance" as a condition.
City Attorney Leibold indicated the conditions can reference Chapter 9.42.
Mayor Hickman suggested placing an iron door at the arch door with some
insulation so that the noise does not travel. He indicated he would rather see Mr.
Knight go with these nine conditions, to Include a cover charge, limit the
demands on this and give them the six months probation.
It was moved by Councilman Schiffner, and seconded by Councilman Magee to
uphold the Planning Commission's decision to approve Conditional Use Permit
No. 2008 -09 with the additional nine conditions of approval presented herein to
include vigorous monitoring of the business and be brought before the City
Council in the next six months.
The following vote resulted:
AYES: MAYOR HICKMAN
COUNCILMAN MAGEE
COUNCILMAN SCHIFFNER
NOES: MAYOR PRO TEM KELLEY
COUNCILMAN BUCKLEY
ABSENT: NONE
ABSTAIN: NONE
COUNCIL RECESSED THE MEETING AT 8:38 P.M.
COUNCIL RECONVENED THE MEETING AT 8:48 P.M.
BUSINESS ITEM(S)
Public Works /City Engineer alo presented the staff report. He reported on
the pilot program to water foreclose rties within the City. He noted the City
Council wanted staff to quantify time, cos effectiveness of irrigating the
11
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