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HomeMy WebLinkAbout08_016 PC ResolutionPC RESOLUTION 08-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0087, A MINOR CONDITIONAL USE PERMIT FOR ZARKA CIGAR LOUNGE, LOCATED AT 28120 JEFFERSON AVENUE, TO AUTHORIZE A TYPE-42 (ON-SALE BEER AND WINE) ABC LICENSE WHICH WOULD AUTHORIZE THE SALE OF BEER AND WINE FOR CONSUMPTION ON THE PREMISES. (APN 921-060-032) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On March 15, 2007 Mr. Zack Abou filed Planning Application No. PA07- 0087, aMinor Conditional Use Permit Application in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on April 2, 2008, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA07-0087 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other ordinances of the City; As conditioned, the project is consistent with the General Plan Land Use designation of Highway Tourist Commercial and meets all of the goals and policies contained in the General Plan. The General Plan anticipated land uses that serve the commercial needs of tourist to be located in the Highway Tourist Commercial Land Use Designation. Additionally, the project meets all applicable requirements contained in the Development Code, including the 500-foot separation requirement for sensitive uses when a business sells alcoholic beverages. Operational restrictions have been made conditions of approval in G:\Planning\2007\PA07-0087 Zarka Cigar Lounge\Planning\PC RESOLUTION NO.doc ~~ - order to ensure continued consistency with the General Plan and Development Code. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures; As conditioned, the proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. Operational restrictions have been made Conditions of Approval for this project to ensure compatibility with the surrounding development. The adjacent uses, buildings and structures are all commercial and retail-type uses and no residences are located in the immediate vicinity of this conditional use. The authorization of a Conditional Use Permit to allow for the sale of beer and wine in the private member's only cigar lounge is not anticipated to adversely affect the neighboring tenants as all of the uses in the shopping center are compatible with the proposed conditional use. Additionally, an existing restaurant (Yummy Sushi) located in the shopping center currently holds aType- 41 ABC license which allows for the consumption of beer and wine on the premises. This existing use is compatible with the private cigar lounge and the proposed service of beer and wine to its member. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this Development Code and required by the planning commission or council in order to integrate the use with other uses in the neighborhood; The site for the proposed conditional use is currently existing and is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping and other development features prescribed in the Development Code fo integrate the use with other uses in the neighborhood. The shopping center in which fhe conditional use is located currently exists, and no construction or on-site modifications are proposed as a part of this project. However, an analysis of the existing parking spaces was done and concluded that there is an adequate number of parking spaces to accommodate the conditional use, as well as the existing uses on the site. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The proposed conditional use is for the service of beer and wine within a private member's only cigar lounge and as conditioned is not anticipated have an adverse affect on the health, safety and G:\Planning\2007\PA07-0087 Zarka Cigar Lounge\Planning\PC RESOLUTION NO.doc welfare of the community since the cigar lounge is not open, to the general public and will cater to member's only. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Minor Conditional Use Permit A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1, Existing Facilities). According to the California Environmental Quality Act (CEQA Guidelines), the key consideration in determining whether or not a project qualifies for the "Existing Facilities" exemption is to determine if the project involves negligible or no expansion of an existing use. The shopping center (Broadmoor Place), in which this conditional use is located was approved under the County of Riverside jurisdiction and constructed according to all applicable code requirements in effect at that time. Currently, Zarka Cigar Lounge occupies an approximately 2,800 square foot suite within fhe shopping center for the operation of a retail tobacco shop with an ancillary smoker's lounge. The project does not involve any construction or physical site modifications. The only change to the use is the authorization of the sale and service of beer and wine within the private lounge portion of the business. Therefore, since the business is currently operating within an existing shopping center and the project involves negligible modifications to the use, which is not anticipated to have an adverse environmental impact, it has been determined that the project is exempt from further environmental review as consistent with CEQA Section 15301, Class 1 Existing Facilities. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA07-0087, a Minor Conditional Use Permit for Zarka Cigar Lounge, located at 28120 Jefferson Avenue, to authorize aType-42 (on- sale beer and wine) ABC license which would authorize the sale of beer and wine for consumption on the premises, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. G:\Planning\2007\PA07-0087 Zarka Cigar Lounge\Planning\PC RESOLUTION NO.doc Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 2"d day of April 2008. ~ ~, John Telesio, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 08-16 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 2"d day of April 2008, by the following vote: AYES: 4 NOES: 1 ABSENT: 0 PLANNING COMMISSIONERS: Carey, Chiniaeff, Guerriero, Telesio ABSTAIN: 0 PLANNING COMMISSIONERS: Harter PLANNING COMMISSIONERS: None PLANNING COMMISSIONERS: None Debbie Ubnoske, Secretary G:\Planning\2007\PA07-0087 Zarka Cigar Lounge\Planning\PC RESOLUTION NO.doc EXHIBIT A FINAL CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLUS INITIALS: PLANNER: ~~'~0~ ~U -U Le Comte G:\Planning120071PA07-0087 Zarka Cigar Lounge\Planning\FINAL COA's.doc 1 ACCEPTANCE OF CONDITIONS OF APPROVAL I, Mr. Zack Abou, understand that Planning Application No. PA07-0087 has been approved with Conditions of Approval which are set forth in Exhibit A. I have read the Conditions of Approval contained in PC Resolution No. 08-16 and understand them. Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions. ~'~~_ SIGNATURE y-~~ - 08 DATE G:\Planning\20071PA07-0087 Zarka Cigar LoungelPlanning\FINAL COA's.doc 2 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA07-0087 Project Description: A Minor Conditional Use permit for Zarka Cigar Lounge, located at 28120 Jefferson Avenue, to authorize aType-42 (on-sale beer and wine) ABC license which would authorize the sale of beer and wine for consumption on the premises Assessor's Parcel No. 921-060-032 MSHCP Category: Commercial DIF Category: Retail Commercial TUMF Category: Retail Commercial Approval Date: April 2, 2008 Expiration Date: April 2, 2010 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project The applicanUdeveloper shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount ofSixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/developerhas not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). 2. The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department. General Requirements 3. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. The City shall promptly notify both the applicant and landowner of G:\Planning\2007\PA07-0087 Zarka Cigar Lounge\Planning\FINAL COA's.doc 3 any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 4. The applicant shall comply with their Statement of Operations dated January 10, 2007, on file with the Planning Department, unless superseded by these Conditions of Approval. 5. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 6. The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is in addition to, and not in-lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review and revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. 7. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 8. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 9. If commencement of the use has not occurred within two years of approval of this permit, the permittee may file an application at least 30 days prior to expiration of the Conditional Use Permit, to apply for up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only. 10. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.A.D.) training from the California Department of Alcoholic Beverage Control. 11. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090). 12. Regular hours of operation shall be between 10 a.m. and 10 p.m. Monday through Sunday. 13. A separate building permit shall be required for all signage. G:\Planning\2007\PA07-0087 Zarka Cigar Lounge\Planning\FINAL COA's.doc 4 14. Parking for the project shall be shared across the site, including parking spaces in all lots that are a part of the project. If the project involves multiple lots, the applicant shall submit to the Planning Department a copy of a recorded Reciprocal Use Agreement, which provides for cross-lot access and parking across all lots. 15. The development of the premises shall substantially conform to the approved site plan and floor plan contained on file with the Planning Department. 16. A membership application shall be completed, and membership fees shall be paid prior to the permittee allowing any person to enter the private cigar lounge. Non-members or non- paying members shall not be authorized to enter the lounge. 17. All potential members shall provide valid picture identification showing proof of age (21 or older). 18. All identification checks to verify age will be done by the use of an electronic fraud proof identification scanner to verify that all members are at least 21 years of age or older. 19. Members shall pay delinquent membership fees prior to admittance into the lounge. If membership fees are outstanding, the member shall pay all outstanding fees prior to the permittee allowing a member to enter the lounge. 20. The sale of one-day memberships shall not be permitted under any circumstances, at any time. 21. The permittee shall ensure that all members acknowledge, sign and comply with the written policies, rules and regulations of Zarka's Cigar Lounge, as contained on file with the City of Temecula. 22. The entrance to the member's only cigar lounge shall be monitored by an attendant who is responsible for verifying membership and verifying identification and age. 23. The attendant shall admit members into the lounge only after their identification as a member has been identified. 24. All members shall be at least 21 year of age, and no minors shall be admitted into the lounge for any reason. 25. The permittee/business shall not employ more than five employees. 26. The permittee shall comply with all applicable state laws, including the California Labor Code. 27. The permittee and the establishment shall be in compliance with all Riverside County Health Department requirements. 28. The permittee shall obtain, and keep up-to-date and current all appropriate tobacco licenses required by the State of California and the City of Temecula. 29. Air shall be exhausted directly to the outside by an exhaust fan. This shall be verified by at plan check by the Building and Safety Department. G:\Planning\2007\PA07-0087 Zarka Cigar Lounge\Planning\FINAL COA's.doc 5 30. The permittee shall require that all employees sign an employee consent form which indicates that the employee consents to the smoking and exposure to smoke. These consent forms shall be retained on file by the permittee/employer. 31. All employees shall be at least 21 years of age. 32. The employer/permittee shall comply with all state and ventilation standards, subject to the approval of the Building and Safety Department. 33. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Prior to Issuance of Building Permit 34. The following shall be added as a note to the tenant improvement plans/building plans, and verified by the Building and Safety Department prior to the approval of tenant improvement plans: "Air shall be exhausted directly to the outside by an exhaust fan." 35. The following shall be added as a note to the tenant improvement plans/building plans and verified by the Building and Safety Department prior to the approval of tenant improvement plans: "Air ventilation system shall comply with applicable State and federal ventilation standards." 36. The applicant shall provide a written statement indicating how their air ventilation/exhaust system complies with all State and federal standards, and shall be reviewed by the Building and Safety Department prior to the approval of tenant improvement plans. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 37. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. BUILDING AND SAFETY DEPARTMENT General Requirements 38. All design components shall comply with applicable provisions of the 2007 edition of the California Building, Plumbing and Mechanical Codes; 2007 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 39. Submit at time of plan review, a complete exterior site lighting plan showing compliance with Ordinance No. 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 40. Obtain all building plans and permit approvals prior to commencement of any construction work. The issue for a door swing noted during the entitlement process will be resolved at the site as any tenant improvements are being made (per a phone conversation with the applicant's representative on Tuesday, February 26, 2008). G:\Planning\2007\PA07-0087 2arka Cigar Lounge\Planning\FINAL COA's.doc 6 41. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans (California Disabled Access Regulations effective April 1, 1998). 42. Provide disabled access from the public way to the main entrance of the building. 43. Provide van accessible parking located as close as possible to the main entry. 44. Show path of accessibility from parking to furthest point of improvement. 45. Commercial and Industrial project trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. 46. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 94- 21,specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one-quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sundays or Government Holidays Prior to Issuance of Building Permit 47. At plan review submittal show restroom fixtures, number and type, to be in accordance with the provisions of the 2007 edition of the California Plumbing Code. 48. At plan review submittal provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. 49. At plan review submittal provide precise grading plan at plan check submittal to check accessibility for persons with disabilities 50. Prior to permit issuance provide appropriate stamp of a registered professional with original signature on plans. POLICE DEPARTMENT General Requirements 51. Applicant has applied for a Type 42 License (On-Sale Beer & Wine -Bar, Tavern). A Type 42 License authorizes the sale of beer and wine for consumption on or off the premises where sold. Food service is not required. 52. Applicant will comply with City Ordinance 97-07, (9.14.010 Temecula Municipal Code series), Consumption of Alcoholic Beverages in Public Prohibited. 53. Identification will be verified utilizing one of the following: a. A valid California Driver's License b. A valid California Identification Card G:\Planning\2007\PA07-0087 Zarka Cigar Lounge\Planning\FINAL COA's.doc 7 c. A valid Military Identification Card (Active/Reserve/Retired/Dependent) A valid Driver's License from any of the Fifty States or Territories of the United States e. A valid U.S. Passport A valid government issued identification card issued by a Federal, State, County or City agency 54. As noted above, only a valid government issued identification card issued by a Federal, State, County or City agency is acceptable, providing it complies with the below requirements (25660 Business and Profession Code). a. Name of person b. Date of birth c. Physical description d. Photograph e. Currently valid (not expired) 55. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. The Temecula Police Department provides free training for all employers and employees involved in the service and sales of alcoholic beverages. It is the responsibility of the applicant to set up a training session for all new employees working at Zarka Cigar Lounge. Contact the Crime Prevention and Plans Officer at (951) 695-2773 to set up a training date. Training must be completed prior to the grand opening of this business and periodic updated training when new employees/ management are hired. 56. Any public telephones located on the exterior of the building should be placed in a well- lighted, highly visible area, and installed with a "call-out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the building. 57. Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (Section 25632 B&P). 58. Police officers, sheriffs' deputies, and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer (Sections. 25616, 25753, and 25755 B&P 148 and 241(b) PC). G:\Planning\2007\PA07-0087 Zarka Cigar Lounge\Planning\FINAL COA's.doc 8 59. Operating Standards, Retail -The following requirements apply: a. Post "No Loitering" signs upon written notice from the ABC b. Post "No Open Container" signs upon written notice from the ABC c. No alcohol consumption inside a store or outside a bar or tavern d. Illuminate the exterior of the premises, including adjacent public sidewalks and parking lots under the licensee's control, during all hours of darkness when open for business e. Remove litter daily from the premises, adjacent sidewalks and parking lots under licensee's control and sweep/clean these areas weekly Remove graffiti from premises and parking lot g. Have no more than 33% of windows covered with advertising or signs Have incoming calls blocked at pay phones upon request of local law enforcement or ABC Have a copy of the operating standards available during normal business hours for viewing by the general public (Section 25612.5 (c) B&P) 60. Applicant must comply in accordance with the Type 42 (On Sale Beer & Wine -Bar, Tavern). There shall be no distilled spirits for consumption, for any other reason, allowed on the premises. G:\Planning\2007\PA07-0087 Zarka Cigar Lounge\Planning\FINAL COA's.doc 9