HomeMy WebLinkAboutPC Reso No 2009-41
RESOLUTION NO. 200941
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
PLANNING COMMISSION RESOLUTION NO. 2009-41
PAGE 2OF4
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 parking
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 vehicles.
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PLANNING COMMISSION RESOLUTION NO. 2009-41
PAGE 3OF4
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 term 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.
C'/-
Axel nelli, Chairman
City of Lake Elsinore
ATTEST: ' n
4o n
Tom Weiner
Acting Director of Community Development
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PLANNING COMMISSION RESOLUTION NO. 2009-41
PAGE 4 OF 4
Fj 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. 2009-41 was adopted by the
Planning Commission of the City of Lake Elsinore at a regular meeting held on the 16th
day of June 2009, and that the same was adopted by the following vote:
AYES: CHAIRMAN AXEL ZANELLI, VICE-CHAIRMAN JIMMY FLORES,
COMMISSIONER JOHN GONZALES, COMMISSIONER PHIL
MENDOZA, COMMISSIONER MICHAEL O'NEAL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Tom Weiner
Acting Director of Community Development
I I
i
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.
I
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.
Planning Commission Approval
June 16, 2009
F1 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. T-hi6 appFeval shall be limited te live entertainment an Gep~uRGtien with pFivate
Deleted by Planning Commission 516108
18.
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
Planning Commission Approval
June 16, 2009
Commission 06/16109
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.
#asility. At no time shall there be a requirement to purchase a minimum number of
Planning Commission Approval
June 16, 2009
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. 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 OGGLIF at all 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,
or make available either gratuitous or for compensation, male or female persons
f Planning Commission Approval
June 16, 2009
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.
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.
Planning Commission Approval
June 16, 2009
Fli STORMWATER/ 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 prohibit 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.
56. Business management will immediately alert law enforcement when there are any
l violations of law or unruly behavior occurring on the premises.
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Planning Commission Approval
June 16, 2009
F1 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.
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
Planning Commission Approval
June 16, 2009
i
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 06/16/09
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 cases by cases basis. Added and
modified by Planning Commission 06116/09
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 6/16/09
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
Planning Commission Approval
June 16, 2009