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HomeMy WebLinkAboutItem No. 07 PC Approval PA No. 2020-90 31091 Riverside Dr.City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake - elsinore.org City Council Agenda Report File Number: ID# 19 -744 Agenda Date: 9/22/2020 Version: 1 Status: Approval Final In Control: City Council / Successor Aqency File Type: Council Consent Calendar Agenda Number: 7) Plannina Commission Approval of Plannina Application No. 2020 -90 for 31091 Riverside Drive Receive and File the Notice of Decision for Planning Application No. 2020 -90 acted on by the Planning Commission on September 1, 2020. The Planning Commission by a 5 -0 vote: Adopted A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2020 -07 TO ESTABLISH A NEW BAR AND ENTERTAINMENT CENTER WITHIN AN EXISTING 1,464 SQUARE FOOT RETAIL SPACE WITH ON SITE SALE OF BEER, WINE, AND DISTILLED SPIRITS LOCATED AT 31091 RIVERSIDE DRIVE (APN: 379 - 224 -015). City of Lake Elsinore Page 1 Printed on 911712020 CITY O F ��� LADE _ LSIN0P,,E %` DREAM EXTREME,.. REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Grant Yates, City Manager Prepared by: Damaris Abraham, Senior Planner Date: September 22, 2020 Subject: Planning Commission Approval of Planning Application No. 2020 -90 for 31091 Riverside Drive Applicant: Joanne Yutthayot and Michael Whitlock Recommendation Receive and File the Notice of Decision for Planning Application No. 2020 -90 acted on by the Planning Commission on September 1, 2020. The Planning Commission by a 5 -0 vote: Adopted A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2020 -07 TO ESTABLISH A NEW BAR AND ENTERTAINMENT CENTER WITHIN AN EXISTING 1,464 SQUARE FOOT RETAIL SPACE WITH ON SITE SALE OF BEER, WINE, AND DISTILLED SPIRITS LOCATED AT 31091 RIVERSIDE DRIVE (APN: 379 - 224 -015). Background Planning Application No. 2020 -90 (Conditional Use Permit No. 2020 -07 and Public Convenience or Necessity No. 2020 -02) proposes to establish a new bar and entertainment center within an existing 1,464 sq. ft. retail space with onsite sale of alcoholic beverages (Type 48 On -Sale General). The project is located at the southwest corner of Lakeshore Drive and Riverside Drive, more specifically 31091 Riverside Drive. (APN: 379 - 224 -015). On September 1, 2020, the Planning Commission by a 5 -0 vote approved the Conditional Use Permit application and made findings of Public Convenience and Necessity for onsite sale of alcoholic beverages and authorized the Director of Community Development to issue the letter of Public Convenience and Necessity. No one spoke in opposition of the project and only the applicant attended the hearing. Page 1 of 2 City Council Receive & File Report: 09/22/2020 PA 2020 -90 Citv Council Action The Planning Commission's decision is final and no action by the City Council is required unless the City Council by majority vote elects to review and reconsider the Planning Commission's decision by ordering the matter set for a future noticed public hearing pursuant to LEMC Section 17.410.110.F, or the applicant or an interested person files a complete appeal application within 15 days of this notice appearing on the City Council's agenda. Fiscal Impact The time and costs related to processing this Project have been covered by fees paid for by the applicant. No General Fund budgets have been allocated or used in the processing of this application. The approval of the Project does not fiscally impact the City's General Fund. Mitigation Measures to protect the City fiscally have already been included in the Conditions of Approval. Exhibits A — Planning Commission Staff Report Page 2 of 2 CITY 0 LADE ?LSINORE �r�_ DRE- 1M EXTREML_ REPORT TO PLANNING COMMISSION To: Honorable Chairman and Members of the Planning Commission From: Justin Kirk, Assistant Community Development Director Prepared by: Damaris Abraham, Senior Planner Date: September 1, 2020 Subject: Planning Application No. 2020 -90 — A request to establish a new bar and entertainment center within an existing 1,464 sq. ft. retail space with onsite sale of alcoholic beverages located at 31091 Riverside Drive. Applicant: Joanne Yutthayot and Michael Whitlock Recommendation 1. Adopt A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2020 -07 TO ESTABLISH A NEW BAR AND ENTERTAINMENT CENTER WITHIN AN EXISTING 1,464 SQUARE FOOT RETAIL SPACE WITH ON SITE SALE OF BEER, WINE, AND DISTILLED SPIRITS LOCATED AT 31091 RIVERSIDE DRIVE (APN: 379 - 224 -015); and 2. Adopt A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING FINDINGS OF PUBLIC CONVENIENCE AND NECESSITY (PCN 2020 -02) FOR ONSITE SALE OF ALCOHOLIC BEVERAGES (TYPE 48 ABC) LOCATED AT 31091 RIVERSIDE DRIVE (APN: 379 - 224 -015). Project Request and Location The applicant is requesting approval of Planning Application No. 2020 -90 (Conditional Use Permit No. 2020 -07 and Public Convenience or Necessity No. 2020 -02) to establish a new bar and entertainment center within an existing 1,464 sq. ft. retail space with onsite sale of alcoholic beverages (Type 48 On -Sale General). The project is located at the southwest corner of Lakeshore Drive and Riverside Drive, more specifically 31091 Riverside Drive. (APN: 379 -224- 015). Environmental Setting Page 1 of 3 EXISTING LAND USE GENERAL PLAN ZONING Project Site Commercial General Commercial (GC) General Commercial (C -2) North Gas Station General Commercial (GC) Neighborhood Commercial (C -1) South Vacant/Car Wash General Commercial (GC) General Commercial (C -2) East Gas Station General Commercial (GC) General Commercial (C -2) West Commercial General Commercial (GC) I General Commercial (C -2) Page 1 of 3 PA 2020 -90 (CUP 2020- 07 /PCN 2020 -02) 09/01/2020 Proiect Descriation The applicant is proposing to establish a new bar and entertainment center within an existing 1,464 sq. ft. retail space with onsite sale of beer, wine, and distilled spirits (Type 48 On -Sale General). The proposed project is located within an existing approximately 10,703 sq. ft. retail building that has five (5) units. The proposed facility will be located in Unit #31091, which totals 1,464 sq. ft. of space. The applicant is proposing to utilize the facility a bar and entertainment establishment with on -site alcoholic beverage consumption. Hours of operation will be seven (7) days a week from 10:00 AM to 2:OOAM. The 16 -hour day will be divided into two (2), 8 -hour shifts. First shift from10:00AM to 6:OOPM and second from 6PM to 2:OOAM. Each shift will have up to two (2) bartenders on duty. During peak days and hours, a designated security person may be provided for safety of the customers and employees. Products sold on the premises will include distilled spirits, wines and beers. Additional sales may include non - alcoholic beverages and prepackaged snack food items, T- shirts, hats and other establishment branded items. The facility will also provide entertainment such as live music and coin operated entertainment such as billiards tables. Analysis General Plan Consistency The project site has a General Plan land use designation of General Commercial (GC) and is located in the Lake View District. The GC Land Use designation provides for retail, services, restaurants, professional and administrative offices, hotels and motels, mixed -use projects, public and quasi - public uses, and similar and compatible uses. The project is proposing to establish a new bar and entertainment center within an existing Business Center. Municipal Code Consistency The project is located in the General Commercial (C -2) zoning designation. Section 17.124.030.A. of C -2, states that uses permitted subject to a Conditional Use Permit in the Neighborhood Commercial (C -1) zone are also permitted in the C -2 district. Section 17.120.030.B. of the C -1 district permits bars subject to a conditional use permit. The project also complies with the onsite parking standards listed in Lake Elsinore Municipal Code (LEMC), Chapter 17.148 (Parking Requirements). Section 17.148.030.E of the LEMC requires one (1) space for each 45 square feet of customer area, plus one (1) space for each 200 square feet of noncustomer area. A total of 27 parking spaces would be required for the proposed Project. The Project will have sufficient parking as there are 63 parking spaces available at the site. Additionally, the parking demand would fall outside of normal business hours for the other uses in the shopping center and would not create any adverse impacts. Noise generation can be a concern with establishment. The project is conditioned to comply with Section 17.176 (Noise Ordinance) of the LEMC. The Design Review Committee that includes staff from Planning, Building and Safety, Fire, and Engineering have reviewed the requested Conditional Use Permit application, and support the proposed Project. Additionally, the Riverside County Sheriff's Department has reviewed the proposed application and is not opposed to the applicable permits being granted for this project. Page 2 of 3 PA 2020 -90 (CUP 2020 -07 /PCN 2020 -02) 09/01/2020 Appropriate Conditions of Approval have been included that would mitigate any potential issues associated with the future development and establishment of the use. Building and Safety and Fire divisions will conduct occupancy inspection to ensure the space is adequate for the proposed use. Public Convenience and Necess In accordance with the Business and Professions Code, Section 23958.4, the State of California Department of Alcoholic Beverage Control (ABC) has been granted the authority to deny an application for an ABC License if there is "undue concentration of licenses." An "undue concentration" exists if the site for the license is deemed to be in a census tract where the ratio of on -sale or off -sale retail ABC licenses to population exceeds the ratio of on -sale or off -sale retail ABC licenses to population in the city in which the applicant premises are located. A license may still be issued, however, if the local agency determines that the public use or necessity would be served by issuance of the license. The project is located within Census Tract No. 430.05, which contains eight (8) on -sale alcohol establishment licenses. ABC guidelines only allows for four (4) on -sale alcohol establishments within this census tract. Before issuing a license, ABC requires a Public Convenience or Necessity (PCN) finding from the local jurisdiction for alcohol sales establishments that are located within a census tract that is over concentrated with similar alcohol related uses. The PCN findings are included in the attached resolution satisfying ABC requirements. Environmental Determination Staff has determined that the proposed Project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1: Existing Facilities). Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The proposed Project will be located in an existing 1,464 sq. ft. building located within an existing shopping center. The site is fully developed and only minor interior alterations are planned in association with the proposed use. Exhibits A — CUP Resolution B — PCN Resolution C — Conditions of Approval D — Use Description E — Vicinity Map F — Aerial Map G — Project Plans Page 3 of 3 RESOLUTION NO. 2020- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2020-07 TO ESTABLISH A NEW BAR AND ENTERTAINMENT CENTER WITHIN AN EXISTING 1,464 SQUARE FOOT RETAIL SPACE WITH ON SITE SALE OF BEER, WINE, AND DISTILLED SPIRITS LOCATED AT 31091 RIVERSIDE DRIVE (APN: 379 - 224 -015) Whereas, Joanne Yutthayot and Michael Whitlock have filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2020 -90 (Conditional Use Permit No. 2020 -07 and Public Convenience or Necessity No. 2020 -02) to establish a new bar and entertainment center within an existing 1,464 sq. ft. retail space with onsite sale of alcoholic beverages (Type 48 On -Sale General). The project is located at the southwest corner of Lakeshore Drive and Riverside Drive, more specifically 31091 Riverside Drive. (APN: 379 -224- 015); and, Whereas, Section 6.0 of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) requires that all discretionary projects within a MSHCP Criteria Cell undergo the Lake Elsinore Acquisition Process (LEAP) and Joint Project Review (JPR) process to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria; and, Whereas, Section 6.0 of the MSHCP further requires that the City adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSHCP Criteria Cell, and the MSHCP goals and objectives; and Whereas, Section 17.415.070.A of the Lake Elsinore Municipal Code (LEMC) provides that certain uses have operational characteristics that, depending on 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, pursuant to Section 17.415.070.13 of the LEMC, the Planning Commission (Commission) has been delegated with the responsibility of reviewing and approving, conditionally approving, or denying Conditional Use Permits; and, Whereas, on September 1, 2020, at a duly noticed Public Hearing, the Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1: The Commission has considered the Project prior to making a decision and has found it acceptable. Section 2: That in accordance with the MSHCP, the Commission makes the following findings for MSHCP consistency: PC Reso. No. 2020 - Page 2 of 4 1. The Project is not subject to the City's LEAP and the Western Riverside County Regional Conservation Authority's (RCA) JPR processes as it is not located within a Criteria Cell 2. The Project is consistent with the Riparian /Riverine Areas, Vernal Pools Guidelines, and the Fuel Management Guidelines as the Project is wholly located within an existing building and does not include any earth disturbing activities therefore Sections 6.1.2 or 6.3.1 of the MSHCP are not applicable. 3. The project is consistent with the Protection of Narrow Endemic Plant Species Guidelines and the Additional Survey Needs and Procedures because the project is not located within any Narrow Endemic Plant Species Survey Areas or Critical Species Survey Areas. 4. The Project is consistent with the Fuels Management Guidelines because the Project site is not within or adjacent to any MSHCP Criteria Cell or conservation areas. 5. The project has been conditioned to pay any applicable MSHCP Local Development Mitigation fees. Section 3: The Commission hereby finds and determines that the Project is categorically exempt from California Environmental Quality Act (Cal. Publ. Res. Code § §21000 et seq. "CEQA ") and CEQA Guidelines (14. Cal. Code Regs. § §15000 et seq.), specifically pursuant to Section 15301 (Class 1 — Existing Facilities), because the Project proposes to establish a bar and entertainment center within an existing building. The site is fully developed and only minor interior alterations are planned in association with the proposed use. Section 4: That in accordance with LEMC Section 17.415.070.C. Findings, the Commission makes the following findings regarding Conditional Use Permit No. 2020 -07: 1. That the proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. The proposed facility is located in the General Commercial (GC) General Plan Land use designation and the General Commercial (C -2) Zoning designation, which is consistent with the applicable General Plan Land Use Designation. The proposed use is a permitted use subject to the approval of a Conditional Use Permit within the C -2 Zoning designation. 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. The proposed use is located within an existing building and proposes no exterior uses. The proposed use does not propose either directly or indirectly any detrimental effects to the existing surrounding community. All applicable City departments and agencies, including the Sherriff's Department, have reviewed the conditional use permit. The project has been conditioned as such to avoid any possible 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 this title. PC Reso. No. 2020 - Page 3 of 4 The proposed use has been analyzed and staff has determined that the proposed use meets all applicable sections of the LEMC and will complement the existing uses, based on the submitted plans and attached conditions of approval. 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 use is located within an existing built environment, inclusive of streets. The existing streets are of adequate size to facilitate safe and convenient transportation to and from the site. 5. In approving the subject use at the specific location, there will be no adverse effect on abutting properties or the permitted and normal use thereof. The Project has been thoroughly reviewed and conditioned by all applicable City departments and outside agencies thereby eliminating the potential for any adverse effects. 6. Adequate conditions and safeguards pursuant to LEMC 17.415.070.B, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of this chapter and the planning district in which the site is located. Pursuant to Section 17.415.070.8 of the LEMC, the Project was considered by the Planning Commission at a duly noticed Public Hearing on September 1, 2020, appropriate and applicable conditions of approval have been included to protect the public health, safety and general welfare. Section 5: Based upon the evidence presented, both written and testimonial, and the above findings, the Commission hereby recommends that the Council find that the Project is consistent with the MSHCP. Section 6: Based upon the evidence presented, the above findings, and the Conditions of Approval imposed upon the Project, the Commission hereby approves Conditional Use Permit No. 2020 -07. Section 7: This Resolution shall take effect immediately upon its adoption. Passed and Adopted on this 1St day of September, 2020. Rendell Klaarenbeek, Vice Chairman PC Reso. No. 2020 - Page 4 of 4 Attest: Justin Kirk, Assistant Community Development Director STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Justin Kirk, Assistant Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No. 2020 -_ was adopted by the Planning Commission of the City of Lake Elsinore, California, at a regular meeting held on September 1, 2020 and that the same was adopted by the following vote: AYES NOES: ABSTAIN: ABSENT: Justin Kirk, Assistant Community Development Director RESOLUTION NO. 2020- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING FINDINGS OF PUBLIC CONVENIENCE AND NECESSITY (PCN 2020 -02) FOR ONSITE SALE OF ALCOHOLIC BEVERAGES (TYPE 48 ABC) LOCATED AT 31091 RIVERSIDE DRIVE (APN: 379 - 224 -015) Whereas, Joanne Yutthayot and Michael Whitlock have filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2020 -90 (Conditional Use Permit No. 2020 -07 and Public Convenience or Necessity No. 2020 -02) to establish a new bar and entertainment center within an existing 1,464 sq. ft. retail space with onsite sale of alcoholic beverages (Type 48 On -Sale General). The project is located at the southwest corner of Lakeshore Drive and Riverside Drive, more specifically 31091 Riverside Drive. (APN: 379 -224- 015); and, Whereas, the Department of Alcohol Beverage Control (ABC), a state agency, regulates the distribution of liquor licenses in the State of California; and, Whereas, Section 23958.4 of the Business and Professions Code defines "undue concentration" of liquor licenses and establishes a procedure for the local agency to determine if the Public Convenience and Necessity will be served by the issuance of a license notwithstanding a determination that there is an undue concentration of licenses; and, Whereas, Section 23958.4 of the Business and Professions Code allows the City Council to delegate the responsibility making the finding of Public Convenience and Necessity; and, Whereas, pursuant to City Council Resolution No. 2008 -83, the Planning Commission (Commission) has been authorized to determine whether Public Convenience and Necessity would be served to warrant the issuance of an alcoholic beverage license from the State Department of Alcohol Beverage Control ABC) as allowed by Section 23958.4 of the Business and Professions Code of the State of California and the City Clerk or Director of Community Development are authorized to issue letters of Public Convenience and Necessity after a determination is made; and, Whereas, on September 1, 2020, at a duly noticed Public Hearing, the Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1: The project is located within Census Tract No. 430.05, which contains eight (8) on- sale alcohol establishment licenses. ABC guidelines only allows for four (4) on -sale alcohol establishments within this census tract. Before issuing a license, ABC requires a Public Convenience or Necessity (PCN) finding from the local jurisdiction for alcohol sales establishments that are located within a census tract that is over concentrated with similar alcohol related uses. Section 2: The Commission makes the following findings for Public Convenience or Necessity for the sale of beer, wine, and distilled spirits for on -site consumption (ABC Type 48 License): PC Reso. No. 2020 - Page 2 of 3 1. The use is essential or desirable to the public convenience and public welfare. The business will provide a unique entertainment venue with a safe and comfortable atmosphere. The availability of alcohol for on -site consumption with on -site entertainment in the form of music, televised sporting events, and fundraisers allows customers to have readily available service in one location where they would otherwise be obliged to travel to other locations; thus, the establishment of on -site alcoholic beverage sale serves a public convenience. 2. The granting the permit will not be materially detrimental to the public welfare and to other property in vicinity. The proposed sale of alcohol would not be detrimental to the public health, safety, or welfare because the proposed use is located in a commercial shopping center away from churches, schools, and residences. The facility will implement safeguards to ensure public safety such as requiring Licensee Education on Alcohol and Drugs (LEAD) training for all bartenders, safe ride home program, and security checks of interior and exterior premises. In addition, the bar will operate in compliance with the state's Alcohol Beverage Control Act, together with any conditions of the license that may be issued by ABC. Therefore, the granting of the permit will not be detrimental to public welfare and to other properties in the vicinity. 3. The use conforms to good zoning practices and development standards. The current zoning for the site is General Commercial (C -2). Section 17.124.030.A of the C -2 zone, states that uses permitted subject to a Conditional Use Permit in the Neighborhood Commercial (C -1) as contained in Section 17.120.030 are also permitted in the C -2 district. Per Section 17.120.030.B of the C -1 district permits bars subject to a conditional use permit pursuant to Section 17.415.070 of the Lake Elsinore Municipal Code (LEMC). The bar will be located in an existing commercial building and meets all the development standards of the C- 2 zone. 4. The use is not contrary to any of the objectives of any part of the adopted General Plan. The Project complies with the goals and objectives of the General Plan because it will assist in providing a service that serves to provide the full spectrum of commercial needs for a community in a commercial retail center. Section 3: Based upon the evidence presented, the above findings, and the Conditions of Approval imposed upon the Project, the Commission hereby makes findings of Public Convenience and Necessity (PCN) for onsite sale of alcoholic beverages (Type 48 On -Sale General) at 31091 Riverside Drive and authorizes the Director of Community Development to issue the letter of Public Convenience and Necessity. Section 4: This Resolution shall take effect immediately upon its adoption. Passed and Adopted on this 1St day of September, 2020. Rendell Klaarenbeek, Vice Chairman PC Reso. No. 2020 - Page 3 of 3 Attest: Justin Kirk, Assistant Community Development Director STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Justin Kirk, Assistant Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No. 2020 -_ was adopted by the Planning Commission of the City of Lake Elsinore, California, at a regular meeting held on September 1, 2020 and that the same was adopted by the following vote: AYES NOES: ABSTAIN: ABSENT: Justin Kirk, Assistant Community Development Director PROJECT: PROJECT LOCATION: APPROVAL DATE: EFFECTIVE DATE: EXPIRATION DATE: GENERAL CONDITIONS CONDITIONS OF APPROVAL PA 2020 -90 /CUP 2020- 07 /PCN 2020 -02 APN: 379 - 224 -015 Planning Application No. 2020 -90 (Conditional Use Permit No. 2020 -07 and Public Convenience or Necessity No. 2020 -02) proposes to establish a new bar and entertainment center within an existing 1,464 sq. ft. retail space with onsite sale of alcoholic beverages (Type 48 On -Sale General). The project is located at the southwest corner of Lakeshore Drive and Riverside Drive, more specifically 31091 Riverside Drive. (APN: 379 - 224 -015). 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 attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning CUP 2020 -07. 3. Within 30 days of Project approval and prior to issuance of any building permits, 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. PLANNING DIVISION 4. Conditional Use Permit No. 2020 -07 shall lapse and become void two years following the date on which the conditional use permit became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the conditional use permit is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the conditional use permit approval pursuant to subsections (a), (b), and (c) of Lake Elsinore Municipal Code (LEMC) Section 17.415.070.D.2. Subject to the provisions of LEMC Section 17.415.070.1, 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 structure, which was the subject of the Conditional Use Permit application. 5. The applicant shall at all times comply with Section 17.176 (Noise Ordinance) of the Lake Elsinore Municipal Code (LEMC). 6. The Conditional Use Permit granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. An application for modification, expansion or other change in a Conditional Use Permit shall be reviewed according to the provisions of the Lake Elsinore Municipal Code, Title 17 in a similar manner as a new application. 7. The applicant shall meet all applicable City Codes and Ordinances. Applicant's Initials: Page 1 of 4 PA 2020 -90 /CUP 2020- 07 /PCN 2020 -02 Conditions of Approval Planning Commission: September 1, 2020 8. A business license shall be obtained prior to a certificate of occupancy of the proposed establishment. 9. There shall be no loitering in or around the business. 10. Conditional Use Permit No. 2020 -07 shall be limited to the floor plan prepared by the applicant and included in the staff report. In the event the applicant proposes to modify the floor plan, the modification shall be subject to review by the Community Development Director. The Community Development Director may approve the modification or refer the matter to the Planning Commission if judged to be substantial. 11. Business hours shall be seven (7) days a week from 10:00 AM to 2:OOAM. In the event the applicant proposes to modify the hours of operation, the modification shall be subject to review by the Community Development Director. The Community Development Director may approve the modification or refer the matter to the Planning Commission if judged to be substantial. 12. A Temporary Use Permit or Special Event Permit, as applicable, shall be obtained prior to conducting any and all outdoor events on the subject property. 13. If operation of this use triggers concerns related to parking, noise, traffic, or other impacts, at the discretion of the Community Development Director, this Conditional Use Permit may be referred back to the Planning Commission for subsequent review at a public hearing. If necessary, the Commission may modify or add conditions of approval to mitigate such impacts, or may revoke said Conditional Use Permit. 14. The applicant shall comply with all necessary California Department of Alcohol Beverage Control (ABC) requirements. 15. The license shall be limited to on- premise beer, wine, distilled spirits. Any change and /or intensification to the type of license will require a new Conditional Use Permit. The sale of alcohol for consumption off the premises is prohibited. 16. Persons under the age of twenty -one (21) years shall not be allowed on the premises of this business. It shall be unlawful and a violation of this CUP for the owner /operator to employ any person who is not at least twenty -one (21) years of age. 17. There shall be no outdoor storage or activities of any kind. 18. The use shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The operator shall institute whatever security and operational measures are necessary to comply with this requirement 19. Any graffiti painted or marked upon the premises or any adjacent area under the control of the licensee /applicant shall be removed or painted over within 24 hours of being applied. 20. Any proposed exterior signage shall comply with Lake Elsinore Municipal Code, Title 17 requirements. 21. All the requirements of the Riverside County Sherriff's Department shall be met and adhered to at all times. Applicants Initials: Page 2 Of 4 PA 2020 -90 /CUP 2020- 07 /PCN 2020 -02 Conditions of Approval Planning Commission: September 1, 2020 BUILDING DIVISION 22. The Applicant is to meet all applicable Building Codes in effect at the time, including requirements for the occupancy. 23. Any internal or external modifications to the building shall require a building permit. CITY OF LAKE ELSINORE FIRE MARSHAL 24. The applicant/operator shall comply with all requirements of the Riverside County Fire Department Lake Elsinore Office of the Fire Marshal. Applicants Initials: Page 3 of 4 PA 2020 -90 /CUP 2020- 07 /PCN 2020 -02 Conditions of Approval Planning Commission: September 1, 2020 I hereby state that I acknowledge receipt of the approved Conditions of Approval for the above named project and do hereby agree to accept and abide by all Conditions of Approval as approved by the City of Lake Elsinore Planning Commission on . I also acknowledge that all Conditions shall be met as indicated. Date: Applicant's Signature: Print Name: Address: Phone Number: Applicants Initials: Page 4 of 4 Joanne Yutthayot & Michael Whitlock Dba: Hideaway Bar 5333 Virginia Ave, Los Angeles CA 90029 Tel 209- 518 -7136 Michael.whitlock @Yahoo.com OCTOBER 25, 2019 The City of Lake Elsinore Business plan for: The Hideaway Bar Location: 31091 Riverside Dr. Lake Elsinore, CA 92530 LOCATION USE: This location will be used as a 21 and over on site alcoholic beverage consumption and entertainment establishment. A Riverside County ABC type 48 liquor license is already owned by Joanne Yutthayot and will be legally transferred for use to this location prior to beginning business. HOURS AND OPERATION: Hours of operation shall be 7 days a week 365 days per year from 10:00 AM to 2:OOAM. The 16 hour day will be divided into 2, 8 hour shifts. First shift from10:00AM to 6:OOPM and second from 6PM to 2:OOAM. Each shift will have up to 2 bartenders on duty, rate of pay shall be California legal minimum wage plus tips. During peak days and hours, a designated security person may be provided for safety of the customers and employees and to check ID's. All alcoholic beverages will be sold and consumed on the premises in accordance with Federal, State, County, City laws and ordinances. PRODUCTS SOLD: Products to be sold on this premises shall include all distilled spirits, wines and beers legally allowed to be sold within the state of California, and permitted by the county of Riverside and City of Lake Elsinore. Additional sales may include non - alcoholic beverages and prepackaged snack food items, T- shirts, hats and other establishment branded items. ENTERTAINMENT: Coin operated entertainment will include but not limited to; Billiards tables, Soft tip dart boards, and Juke box. There will be Karaoke DJ, live music, comedians, live performers and professional dancers. Owner /Managers Joanne Yutthayot and Michael Whitlock Planning Application No. 2020 -90 AP N : 379 - 224 -015 VICINITY MAP CITY OF L-. LADE LSIIYORE DREAM EXTREME `TM PROJECT SITE OQ- yO,s,�O 5�0� �s c�L F� �C3 ECG P� s�cy 0 �G O� CITY OF L-. LADE LSIIYORE DREAM EXTREME `TM Planning Application No. 2020 -90 AP N : 379 - 224 -015 AERIAL MAP CITY OF L-. LADE LSIIYORE DREAM EXTREME `TM SITE PLAN MW Tom Address: 31091 Riverside Dr NW NE - . City, State, ZIP: Lake Elsinore Ca. 92530 - - -� - - -� � Country: USA WSW ESZ SW SE Scale 1 :20 SSW SSE �°s ho ,' ~o` O o% 4�, VO LO �°� �!� /rte �'� Z51 0 r? (b 415� Cj 90 °% Cj Jc�o�Q �S/ j • J 40 6' high cGQ a Q, j' Cinder wall CO) <S/ ,�,�s 0) 0 13.3' 4.5' WINDOW - - 9.3' - BAR'*"*"**'****"*"**'**"**"*****'****' SERVER AREA ........... ............ 17.4' 3' 14' � U34 x S, U9,81, FLOOR PLAN -7 C. STORAGE 1 I6'3 BATHROOM BATHROOM OFFICE X6.6' 6.1' MAIN DOOR 41.6' � BACK DOOR 73.4' Floor Plan for a Conditional Use Permit (CUP) for the Hideway Bar Applicants Joann Yutthayot Michael Whitlock Address 31091 Riverside Drive Lake Elsinore, CA 92530 Vicinity Map V Starbucks Metro by T- Mobile Albertsons © O� Domino's Pizza O � ATM Chevron ExtraMileLake Elsinore © © Pizza O Longtins Auto Supply Q AutoZone At <akPSho�e 0 •31091 Riverside Drive y�c Airco Smog 9 `oc Oy ampm s'c har P4, A� 74 aco Bell Zn, I Picture 1 Picture 5 I* Picture 4 00� I Picture 2 Picture 3 Picture 2 Picture 1 (rive 0 � q Picture 3 Picture 4 Picture 5 Elevations in Pictures for a Conditional Use Permit (CUP) for the H ideway Bar Applicants Joann Yutthayot Michael Whitlock Address 31091 Riverside Drive Lake Elsinore, CA 92530 Vicinity Map ® Starbu Metro by T- Mobile Q Albertsons Domino's Pizza 19 ATM Chevron ExtraMileLake Elsinore 0 Longtins Auto Supply •31091 Riverside Drive Airco Smog Qampm eS A� 74 aco Bell .ate a� Pizza O QAutoZone At Ca�esho�e �� y 1�y