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HomeMy WebLinkAbout080509 PC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting 128 CFR 35.102.35.104 ADA Title Ill. AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE AUGUST 5, 2009 - 6:00 PM Next in Order: Resolution: 2009-15 CALL TO ORDER: Flag Salute: Commissioner Guerriero Roll Call: Carey, Guerriero, Harter, Kight and Telesio PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Commission on items that are not listed on the Agenda. Speakers are limited to three minutes each. If you desire to speak to the Commission about an item not on the Agenda, a salmon colored "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary prior to the Commission addressing that item. There is a three-minute time limit for individual speakers. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action.. CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 Approve the Minutes of July 15, 2009 COMMISSION BUSINESS Appoint one Planning Commissioner to the Old Town Specific Plan Steering Committee RECOMMENDATION: 2.1 Appoint Planning Commissioner to the Old Town Specific Plan Steering Committee PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee. Planning Application Numbers PA09-0174 and PA09-0195 a Minor Conditional Use Permit Peters RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION NO. 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NOS. PA09-0174 AND PA09-0195, A CONDITIONAL USE PERMIT FOR A TYPE-70 ABC LICENSE TO ALLOW COMPLIMENTARY HAPPY HOUR AND ON-SALE CONSUMPTION OF BEER, WINE, AND DISTILLED SPIRITS, WITH AN ASSOCIATED FINDING OF PUBLIC CONVENIENCE OR NECESSITY, FOR SPRINGHILL SUITES HOTEL UNDER CONSTRUCTION AT 28220 JEFFERSON AVENUE, GENERALLY LOCATED NORTH OF RANCHO CALIFORNIA ROAD AND SOUTH OF DEL RIO ROAD (APN 921-060-047) 4 allow for the consumption of beer, wine and distilled sp irits to members and g uests on the premises and to allow for the sale of beer and wine to members and guests for consumption off the premises located at 28120 Jefferson Avenue. Eric Jones RECOMMENDATION: 4.1 Adopt a resolution entitled: PC RESOLUTION NO. 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09-0132, A MINOR MODIFICATION TO AN EXISTING MINOR CONDITIONAL USE PERMIT (PA07- 0087) TO UPGRADE A TYPE-42 LICENSE TO A TYPE-57 LICENSE TO ALLOW FOR THE CONSUMPTION OF BEER, WINE, AND DISTILLED SPIRITS TO MEMBERS AND GUESTS ON THE PREMISES AND TO ALLOW FOR THE SALE OF BEER AND WINE TO MEMBERS AND GUESTS FOR CONSUMPTION OFF THE PREMISES. LOCATED AT 28120 JEFFERSON AVENUE (APN 921-060-032) Planning Application Numbers. PA09-0170 and PA09-0226, a Minor Conditional Use Permit and Finding of Public Convenience or Necessity for a Type 42 ABC license for The Wine Collective located at 28544 Old Town Front Street. Dana Schuma RECOMMENDATION: 5.1 Adopt a resolution entitled: PC RESOLUTION NO. 09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NOS. PA09-0170 AND PA09-0226, A CONDITIONAL USE PERMIT AND AN ASSOCIATED FINDING OF PUBLIC CONVENIENCE OR NECESSITY TO AUTHORIZE THE WINE COLLECTIVE TO SELL WINE FOR CONSUMPTION ON OR OFF SITE (TYPE-42 ABC LICENSE) IN THE EXISTING BUILDING LOCATED AT 28544 OLD TOWN FRONT STREET (APN 922-033-009) PLANNING DIRECTOR REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, August 19, 2009, 6:00 PM City Council Chambers, 43200 Business Park Drive, Temecula, California. NOTICE TO THE PUBLIC - The agenda packet (including staff reports) will be available for viewing at City Hall's Planning Department Public Counter located at 43200 Business Park Drive and at the Temecula Library located at 30600 Pauba Road during normal business hours. Additionally, any supplemental material distributed to a majority of the Commissioners regarding any item on the Agenda, after the posting of the Agenda, will be available for public review at the locations indicated above. The packet will be available for viewing the Friday before the Planning Commission meeting after 4:00 p.m. You may also access the packet the Friday before the meeting after 4:00 p.m. on the City's website at www.cityoftemecula.org. ITEM 1 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting 128 CFR 35.102.35.104 ADA Title II]. ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JULY 15, 2009 - 6:00 PM Next in Order: Resolution: 2009-12 CALL TO ORDER: Flag Salute: Roll Call: CONSENT CALENDAR 1 Minutes RECOMMENDATION: Commissioner Carey Carey, Guerriero, Harter, Kight and Telesio 1.1 Approve the Minutes of June COMMISSIONER GUERRIERO, VOTE REFLECTED APPROVAL, Director's Hearing Summary Report RECOMMENDATION: 17, 2009 APPROVED 4-0-0-1, MOTION BY SECOND BY COMMISSIONER CAREY; VOICE KIGHT ABSTAINED 2.1 Receive and File the Director's Hearing Summary Report APPROVED 5-0, MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER CAREY; VOICE VOTE REFLECTED UNANIMOUS APPROVAL PUBLIC HEARING ITEMS Planning Application Number PA08-0233, a Conditional Use Permit for the construction, Rancho Baptist Church, 29775 Santiago Road, Dana Schuma APPROVED 5-0, MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER CAREY; VOICE VOTE REFLECTED UNANIMOUS APPROVAL RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION NO. 09-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0233, A CONDITIONAL USE PERMIT TO CONSTRUCT, OPERATE AND MAINTAIN A WIRELESS FACILITY CONSISTING OF A NEW 77 FOOT 4 INCH MONOPINE AND ASSOCIATED EQUIPMENT CABINETS AT RANCHO BAPTIST CHURCH LOCATED AT 29775 SANTIAGO ROAD (APN 922-130-017) 4 Planning Application Number PA08-0271, a Conditional Use Permit for the construction, operation and maintenance of a wireless antenna facility consisting of a 35-foot faux water tank with ancillary equipment located at 31850 Calle Saraqoza, Dana Schuma APPROVED 5-0, MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER CAREY; VOICE VOTE REFLECTED UNANIMOUS APPROVAL RECOMMENDATION: 4.1 Adopt a resolution entitled: PC RESOLUTION NO. 09-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0271, A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A WIRELESS ANTENNA FACILITY CONSISTING OF A 35- FOOT FAUX WATER TANK AND ANCILLARY EQUIPMENT LOCATED AT 31850 CALLE SARAGOZA (APN 957-170-020) 5 Planning Application Numbers PA09-0184 and PA09-0185, a Conditional Use Permit and a Jefferson Avenue. Dana Schuma APPROVED 5-0, MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER TELESIO; VOICE VOTE REFLECTED UNANIMOUS APPROVAL RECOMMENDATION: 5.1 Adopt a resolution entitled: PC RESOLUTION NO. 09-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NOS. PA09-0184 AND PA09-0185, A CONDITIONAL USE PERMIT AND AN ASSOCIATED FINDING OF PUBLIC CONVENIENCE OR NECESSITY TO PERMIT WINE ON A DIME OFF- SITE RETAIL WINE SALES AND WINE TASTING (TYPE-20 AND TYPE-42 ABC LICENSES) IN THE EXISTING SANTA ROSA BUILDING LOCATED AT 28061 JEFFERSON AVENUE (APN 921-060-009) REPORTS FROM COMMISSIONERS PLANNING DIRECTOR REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, August 5, 2009, 6:00 PM City Council Chambers, 43200 Business Park Drive, Temecula, California. Stanley Harter Patrick Richardson Chairman Director of Planning and Redevelopment ITEM 2 APPOINTMENT OF PLANNING COMMISSIONER TO OLD TOWN SPECIFIC PLAN STEERING COMMITTEE ITEM 3 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: August 5, 2009 PREPARED BY: Matt Peters/Cheryl Kitzerow, Case Planner APPLICANT NAME: David Krzywicki, TDK Development PROJECT Planning Application Numbers PA09-0174 and PA09-0195, a SUMMARY: Conditional Use Permit for a Type-70 ABC license to allow complimentary happy hour and on-sale consumption of beer, wine, and distilled spirits, with an associated Finding of Public Convenience or Necessity, for Springhill Suites hotel under construction at 28220 Jefferson Avenue, generally located north of Rancho California Road and south of Del Rio Road CEQA: Categorically Exempt Section 15301, Class 1 Existing Facilities RECOMMENDATION: Approve with Conditions BACKGROUND SUMMARY On May 11, 2009, David Krzywicki submitted Planning Application No. PA09-0174, a Conditional Use Permit for a Type-70 ABC license at the Springhill Suites by Marriott Hotel. On June 10, 2009, the applicant submitted Planning Application No. PA09-0195 requesting that the City of Temecula Planning Commission make a Finding of Public Convenience or Necessity for the Type-70 ABC license. The hotel is currently under construction and is located at 28220 Jefferson Avenue. The Springhill Suites by Marriott Hotel was approved on May 16, 2007. The hotel includes 142 guest suites. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS According to the Development Code, businesses selling alcoholic beverages in the Highway Tourist Commercial zone require the approval of a Conditional Use Permit and are subject to the Supplemental Development Standards pursuant to Section 17.10.020 (B) of the Development Code. Planning Application No. PA09-0174 is a Conditional Use Permit to authorize a Type-70 ABC license for Springhill Suites. This license would allow for the sale and/or furnishing of beer, wine and distilled spirits for consumption on the premises to hotel guests and invitees. This license is typically issued to "suite-type" hotels, which exercise the license privileges for guests' complimentary happy hour. Springhill Suites does not initially intend to offer distilled spirits, however the request includes distilled spirits consistent with the Type-70 license, as they may choose to provide distilled spirits in the future. According to the Supplemental Development Standards, businesses selling alcoholic beverages and requiring a Conditional Use Permit shall not be located within 500 feet of any religious institution, school, or public park. Staff has consulted with the City's Geographic Information Systems Department and determined that the project meets the 500-foot sensitive use buffer requirement. The closest sensitive uses are Grace of Temecula Valley AME Church at approximately 1,200 feet away and Sam Hicks Memorial Park, which is located approximately 1,400 feet away from the hotel. The California Department of Alcohol Beverage Control (ABC) considers the Census Tract in which the project site is located to be "over-concentrated" in on-sale licenses. For this reason, Public Convenience or Necessity (PCN) findings will be required. In order for the Finding of Public Convenience or Necessity to be made, the proposed use must be compatible with the surrounding land uses and not result in an excessive number of similar establishments in close proximity. Staff has determined that the proposed use is compatible and consistent with the surrounding area. As provided by the State of California Department of Alcohol and Beverage Control, the Census Tract is considered over-concentrated when there are more than three "On Sale" licenses. Currently, there are sixty (60) active licenses for on-sale consumption within Census Tract 0432.15. The Census Tract area includes the area east of the 1-15 from the City's northern boundary at Cherry Street south to Temecula Parkway (all of Old Town), plus areas in the City of Murrieta and County of Riverside to the north and west of Temecula's city limits. These licenses are primarily for restaurants for which PCN findings are not required. The request for a Type-70 license would be the only of its kind in the Census Tract; however it is considered an on-sale license and therefore classified the same as licenses issued to restaurants offering on-sale consumption. Granting the license for Springhill Suites in this census tract would not result in an excessive number of similar establishments. Another license would result in added amenity for guests at the hotel. The Police Department reviewed the proposal and supports approval of the project subject to conditions prohibiting the sale of alcohol between the hours of 2 a.m. and 6 a.m. (PD-7). LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on July 25, 2009 and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION 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). The request for a Minor Conditional Use Permit and Finding of Public Convenience or Necessity for a Type-70 (On-Sale General-Restrictive Service) at the Springhill Suites by Marriott will be conducted within an existing building in a developed retail shopping center. All access and public utilities are available to the site. The proposed use with issuance of a CUP is in conformance with all zoning requirements of the Development Code. FINDINGS Conditional Use Permit (Development Code Section 17.04.010E) The proposed conditional use is consistent with the General Plan and the Development Code The proposal for the Springhill Suites by Marriott Hotel to serve beer, wine and distilled spirits on the premises requires a Conditional Use Permit in the Highway Tourist Commercial (HT) zoning district. The project, as conditioned is consistent with the General Plan land use designation which anticipates hotel uses in the Highway Tourist Commercial (HT) designation. The proposed conditional use is consistent with the General Plan and Development Code. The Development Code allows for the sale of alcoholic beverages sales subject to a Conditional Use Permit and pursuant to all appropriate Conditions of Approval placed on the permit. Staff has reviewed the Conditional Use Permit and placed Conditions of Approval on the permit as required, to ensure consistency with the General Plan and Development Code. Further, the Development Code requires a 500-foot sensitive use buffer to be provided between the facility selling alcoholic beverages and any school, public park or church. The project has been reviewed by staff and it has been determined that the project meets the 500-feet sensitive use separation requirement. In addition to the minimum 500-foot minimum sensitive use buffer that is required by the Development Code, the proposed use is compatible with the surrounding uses, which include other retail, restaurant and other hotel uses that also serve beer, wine and distilled spirits. 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. The proposed Conditional Use is compatible with the nature, condition and development of adjacent uses, buildings and structures. The request to serve beer, wine and distilled spirits will not adversely impact the adjacent buildings, structures or uses in the immediate vicinity. The project has been conditioned to ensure that the potentially adverse impacts have been addressed as Conditions of Approval. The conditional use is consistent with the City's Development Code and is compatible with other activities approved or existing in the vicinity of the project site. The proposed use is surrounded by existing retail and commercial uses, as well as other restaurants that have been permitted to sell beer, wine and distilled spirits. 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 the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The proposed conditional use for alcohol does not involve any construction activity. The Springhill Suites by Marriott Hotel (PA06-0316) was approved in conformance with the requirements of the Development Code. The proposed CUP also meets the 500-foot sensitive uses buffer and it has been determined that the project is not within 500 feet of any sensitive uses that may otherwise be impacted by this conditional use. 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 project, as conditioned will ensure that the use will not adversely affect the surrounding uses, and will not negatively impact the public health safety or welfare of the community. The project is consistent with the goals and policies contained within the General Plan. The proposed use is also consistent with all Development Code requirements. That the decision to conditionally approve the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission. The decision to conditionally approve the application has been based on substantial evidence in view of the record as a whole. Public Convenience or Necessity (Development Code Section 17.10.020.13.5) Is the proposed use consistent with the General Plan and the Development Code? The proposal for the Springhill Suites by Marriott Hotel to serve beer, wine and distilled spirits on the premises requires a Conditional Use Permit in the Highway Tourist Commercial (H7) zoning district. The project, as conditioned is consistent with the General Plan land use designation which anticipates hotel uses in the Highway Tourist Commercial (H7) designation. The proposed conditional use is consistent with the General Plan and Development Code. The Development Code allows for the sale of alcoholic beverages sales subject to a Conditional Use Permit and pursuant to all appropriate Conditions of Approval placed on the permit. Staff has reviewed the Conditional Use Permit and placed Conditions of Approval on the permit as required, to ensure consistency with the General Plan and Development Code. Further, the Development Code requires a 500-foot sensitive use buffer to be provided between the facility selling alcoholic beverages and any school, public park or church. The project has been reviewed by staff and it has been determined that the project meets the 500-feet sensitive use separation requirement. In addition to the minimum 500-foot minimum sensitive use buffer that is required by the Development Code, the proposed use is compatible with the surrounding uses, which include other retail, restaurant and other hotel uses that also serve beer, wine and distilled spirits. Is the proposed use compatible with the nature, condition and character of the adjacent land uses? The furnishing or sale of alcohol is an incidental use to the existing hotel. The hotel is being constructed adjacent to an existing center within the Highway Tourist Commercial zone. Adjacent uses include the approveWfuture Crown Plaza Hotel, and existing Hampton Inn and retaiUrestaurant uses. The proposed incidental alcohol use for hotel guests is compatible with the nature, condition and character of adjacent land uses. Will the proposed use have an adverse affect on adjacent land uses? It is not anticipated that the proposed use will have an adverse affect on adjacent land uses, as all of the adjacent land uses are either hotels or retail/restaurant type uses, and the proposed project is anticipated to add to the convenience and amenities of hotel guests. Would the proposed use result in an excessive number of similar establishments in close proximity? Currently, there are sixty (60) active licenses for on-sale consumption within census tract 0432.15. The Census Tract area includes the area east of the 1-15 from the City's northern boundary at Cherry Street south to Temecula Parkway (all of Old Town), plus areas in the City of Murrieta and County of Riverside to the north and west of Temecula 's City limits. These licenses are primarily for restaurants. The request for a Type 70-license would be the only of its kind in the Census Tract,• however it is considered an on-sale license and therefore classified the same as licenses issued to restaurants offering on-sale consumption. Granting the license for Springhill Suites in this Census Tract would not result in an excessive number of similar establishments. Another license would result in added amenity for guests at the hotel. ATTACHMENTS Vicinity Map 500-Foot Sensitive Buffer Map PC Resolution Exhibit A - Draft Conditions of Approval Statement of Operations and Justification Notice of Public Hearing VICINITY MAP i `t \ T M A 4 ~ m l Project Site 5 1 d~ \ T ~ A rF ~ 1 Oy O O \ A r MANG- I't t 0 Tp m '!t T~ ~MERCEDES--ST, 0 0 250 500 1.000 > F Feet 500-FOOT SENSITIVE BUFFER MAP I PA09-0174 I 100 Church Legend Q 500-Foot Radius Id Religious Facilities 0 Parks F Schools City Boundary 375 PC RESOLUTION PC RESOLUTION NO. 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NOS. PA09-0174 AND PA09-0195, A CONDITIONAL USE PERMIT FOR A TYPE-70 ABC LICENSE TO ALLOW COMPLIMENTARY HAPPY HOUR AND ON-SALE CONSUMPTION OF BEER, WINE, AND DISTILLED SPIRITS, WITH AN ASSOCIATED FINDING OF PUBLIC CONVENIENCE OR NECESSITY, FOR SPRINGHILL SUITES HOTEL UNDER CONSTRUCTION AT 28220 JEFFERSON AVENUE, GENERALLY LOCATED NORTH OF RANCHO CALIFORNIA ROAD AND SOUTH OF DEL RIO ROAD (APN 921-060-047) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On May 11, 2009, David Krzywicki, filed Planning Application No. PA09- 0174 Conditional Use Permit Application in a manner in accord with the City of Temecula General Plan and Development Code. B. On June 10, 2009, David Krzywicki, filed Planning Application No. PA09- 0195 Finding of Public Convenience or Necessity Findings Application in a manner in accord with the City of Temecula General Plan and Development Code. C. The Applications were processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Applications and environmental review on August 5, 2009, 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. E. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application Nos. PA09-0174 and PA09-0195 subject to and based upon the findings set forth hereunder. F. 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: Conditional Use Permit (Development Code Section 17.04.010E) A. The proposed conditional use is consistent with the General Plan and the Development Code; The proposal for the Springhill Suites by Marriott Hotel to serve beer, wine and distilled spirits on the premises requires a Conditional Use Permit in the Highway Tourist Commercial (HT) zoning district. The project, as conditioned is consistent with the General Plan land use designation which anticipates hotel uses in the Highway Tourist Commercial (HT) designation. The proposed conditional use is consistent with the General Plan and Development Code. The Development Code allows for the sale of alcoholic beverages sales subject to a Conditional Use Permit and pursuant to all appropriate Conditions of Approval placed on the permit. Staff has reviewed the Conditional Use Permit and placed Conditions of Approval on the permit as required, to ensure consistency with the General Plan and Development Code. Further, the Development Code requires a 500-foot sensitive use buffer to be provided between the facility selling alcoholic beverages and any school, public park or church. The project has been reviewed by staff and it has been determined that the project meets the 500-feet sensitive use separation requirement. In addition to the minimum 500-foot minimum sensitive use buffer that is required by the Development Code, the proposed use is compatible with the surrounding uses, which include other retail, restaurant and other hotel uses that also serve beer, wine and distilled spirits. 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; The proposed Conditional Use is compatible with the nature, condition and development of adjacent uses, buildings and structures. The request to serve beer, wine and distilled spirits will not adversely impact the adjacent buildings, structures or uses in the immediate vicinity. The project has been conditioned to ensure that the potentially adverse impacts have been addressed as Conditions of Approval. The conditional use is consistent with the City's Development Code and is compatible with other activities approved or existing in the vicinity of the project site. The proposed use is surrounded by existing retail and commercial uses, as well as other restaurants that have been permitted to sell beer, wine and distilled spirits. 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 the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The proposed conditional use for alcohol does not involve any construction activity. The Springhill Suites by Marriott Hotel (PA06-0316) was approved in conformance with the requirements of the Development Code. The proposed CUP also meets the 500-foot sensitive uses buffer and it has been determined that the project is not within 500 feet of any sensitive uses that may otherwise be impacted by this conditional use. 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 project, as conditioned will ensure that the use will not adversely affect the surrounding uses, and will not negatively impact the public health safety or welfare of the community. The project is consistent with the goals and policies contained within the General Plan. The proposed use is also consistent with all Development Code requirements. E. That the decision to approve, conditionally approve, or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal; The decision to conditionally approve the application has been based on substantial evidence in view of the record as a whole. Findings of Public Convenience or Necessity (Development Code Section 17.10.020.6.5) F. Is the proposed use consistent with the General Plan and the Development Code; The proposal for the Springhill Suites by Marriott Hotel to serve beer, wine and distilled spirits on the premises requires a Conditional Use Permit in the Highway Tourist Commercial (H7) zoning district. The project, as conditioned is consistent with the General Plan land use designation which anticipates hotel uses in the Highway Tourist Commercial (HT) designation. The proposed conditional use is consistent with the General Plan and Development Code. The Development Code allows for the sale of alcoholic beverages sales subject to a Conditional Use Permit and pursuant to all appropriate Conditions of Approval placed on the permit. Staff has reviewed the Conditional Use Permit and placed Conditions of Approval on the permit as required, to ensure consistency with the General Plan and Development Code. Further, the Development Code requires a 500-foot sensitive use buffer to be provided between the facility selling alcoholic beverages and any school, public park or church. The project has been reviewed by staff and it has been determined that the project meets the 500-feet sensitive use separation requirement. In addition to the minimum 500-foot minimum sensitive use buffer that is required by the Development Code, the proposed use is compatible with the surrounding uses, which include other retail, restaurant and other hotel uses that also serve beer, wine and distilled spirits. G. Is the proposed use compatible with the nature, condition and character of the adjacent land uses; The furnishing or sale of alcohol is an incidental use to the existing hotel. The hotel is being constructed adjacent to an existing center within the Highway Tourist Commercial zone. Adjacent uses include the approved/future Crown Plaza Hotel, and existing Hampton Inn and retail/restaurant uses. The proposed incidental alcohol use for hotel guests is compatible with the nature, condition and character of adjacent land uses. H. Will the proposed use have an adverse affect on adjacent land uses; It is not anticipated that the proposed use will have an adverse affect on adjacent land uses, as all of the adjacent land uses are either hotels or retail/restaurant type uses, and the proposed project is anticipated to add to the convenience and amenities of hotel guests. I. Would the proposed use result in an excessive number of similar establishments in close proximity; Currently, there are sixty (60) active licenses for on-sale consumption within Census Tract 0432.15. The Census Tract area includes the area east of the 1-15 from the City's northern boundary at Cherry Street south to Temecula Parkway (all of Old Town), plus areas in the City of Murrieta and County of Riverside to the north and west of Temecula's City limits. These licenses are primarily for restaurants. The request for a Type-70 license would be the only of its kind in the Census Tract,- however it is considered an on-sale license and therefore classified the same as licenses issued to restaurants offering on-sale consumption. Granting the license for Springhill Suites in this Census Tract would not result in an excessive number of similar establishments. Another license would result in added amenity for guests at the hotel. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit Application: 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); 1. The request for a Minor Conditional Use Permit and Finding of Public Convenience or Necessity for a Type-70 (On-Sale General-Restrictive Service) at the Springhill Suites by Marriott will be conducted within an existing building in a developed retail shopping center. All access and public utilities are available to the site. The proposed use with issuance of a CUP is in conformance with all zoning requirements of the Development Code. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application Nos. PA09-0174 and PA09-0195, a Conditional Use Permit for a Type-70 (On Sale General - Restrictive Service) ABC license, with an associated Finding of Public Convenience or Necessity for the Springhill Suites by Marriott to furnish and sell beer, wine and distilled spirits to hotel guests. The hotel is under construction at 28220 Jefferson Avenue. This approval is subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5t day of August 2009. Stanley Harter, Chairman ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 09- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of August 2009, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA09-0174 and PA09-0195 Project Description: Planning Application Numbers PA09-0174 and PA09-0195, a Conditional Use Permit for a Type-70 ABC license to allow complimentary happy hour and on-sale consumption of beer, wine, and distilled spirits, with an associated Finding of Public Convenience or Necessity, for Springhill Suites Hotel under construction at 28220 Jefferson Avenue, generally located north of Rancho California Road and south of Del Rio Road Assessor's Parcel No.: 921-060-059 MSHCP Category: N/A DIF Category: N/A TUMF Category: N/A Approval Date: August 5, 2009 Expiration Date: August 5, 2011 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL-1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-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/ developer has 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)). General Requirements PL-2. 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. City shall promptly notify both the applicant and landowner of 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. PL-3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-4. 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. PL-5. The Planning Director may, upon an application being filed within 30 days prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. PL-6. A separate building permit shall be required for all signage PL-7. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staff s prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. PL-8. The applicant shall comply with their Statement of Operations dated May 20, 2009, attached and on file with the Planning Department, unless superseded by these Conditions of Approval. PL-9. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL-10. The City, 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 business, a change in scope, emphasis, size of 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, 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. PL-11. 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. PL-12. 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 (951-676-5090). Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PLA 3. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. POLICE DEPARTMENT General Requirements PD-1. Applicant has applied for a Type-70 license, On Sale General - Restrictive Service, which authorizes the sale orfumishing of beer, wine and distilled spirits for consumption on the licensed premises to the establishment's overnight transient occupancy guests and their invitees. Minors are allowed on the premises. PD-2. Applicant will comply with Temecula Municipal Code section 9.14.010, consumption of alcoholic beverages in public prohibited. PD-3. Identification will be verified utilizing one of the following: (a) valid California driver's license; (b) valid California identification card; (c) valid military identification card (active/reserve/retired/dependent); (d) valid driver's license from any of the 50 States or Territories of the United States; (e) valid U.S. Passport; (f) valid government issued identification card issued by a Federal, State, and County or City agency. PD-4. 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 Section 25660 of the Business and Profession Code (B&P), which includes the following requirements: (a) name of person; (b) date of birth; (c) physical description; (d) photograph; (e) currently valid (not expired). PD-5. Sections 24200.5 (b) and 25657 (a) (b) B&P; Rule 143 CCR: Section 303 (a) (PC): On- sale licensees may not: (a) employ hosts, hostesses, or entertainers who solicit others to buy them drinks, alcoholic or non-alcoholic; (b) pay or agree to pay such an employee a percentage of the receipts from the sales of drinks solicited; (c) permit any person whether an employee or not, to loiter for the purpose of soliciting an alcoholic drink. PD-6. 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 Code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day in any common area of the establishment (even if someone bought the drinks before 2:00 a.m. Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter that the law. Those licenses are marked "Conditional" (23805 B&P). PD-7. Employees involved with the sale or service of alcoholic beverages must have received LEADS training as required by the Department Of Alcoholic Beverage Control prior to the opening of the business or before any alcohol may be served. The Temecula Police Department provides free additional training for employees and management. To schedule a training session, please contact the Crime Prevention and Plans office at (951) 695-2773. PD-8. 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). PD-9. Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off sale) that: (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc; and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution narcotics, etc. The licensed premise includes the parking lot (Section 25601 B&P; 316 PC). PD-10. On-sale licensees who offer entertainment must abide by the following rules: (1) no licensee shall permit any person to perform acts of or acts which simulate; (a) sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation orany sexual acts which are prohibited by law, (b) the touching, caressing or fondling on the breast, buttocks, anus or genitals, (c) the displaying of the pubic hair, anus, vulva or genitals; and, (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus (Rule 143.3 CCR. Also violates sections 311.6 PC if conduct is "obscene," e.g. intercourse, sodomy masturbation, etc.). PDA 1. Licensees may not permit their licensed premises to be a problem for the local law enforcement agency by needing an undue number of calls for service. The licensed premise includes the parking lot (Sections 24200 (a) (B&P). PD-12. If you have any questions regarding these conditions, please contact the Crime Prevention and Plans office at (951) 695-2773. STATEMENT OF OPERATIONS AND JUSTIFICATION k` TD 1 < DEVELOPMENT May 20, 2009 Ms. Cheryl Kitzerow/Mr. Matt Peters City of Temecula 43200 Business Park Drive Temecula, Ca 92589 Re: SpringHill Suites by Marriott- Statement of Operations & Justification Dear Ms. Kitzerow/Mr. Peters: 33415 Scarborough Lane Temecula, Ca 92592 Phone: 951.440.6911 Fax: 951.302.5025 This letter is to serve as an initial statement of operations & justification for the sale of beer and wine (type-70) with respect to the SpringHill Suites by Marriott currently under construction. We are applying for a conditional use permit for the sale of beer and wine (type-70) which has become standard practice in the hotel industry. SpringHill Suites sponsors a complimentary happy hour in which both beer and wine is served in the lounge off the lobby. Beer and wine will also be sold in a designated area (Marketplace/lobby) for consumption on the property. Although we currently have no plans to sell or serve distilled spirits, we reserve our rights to do so in the future as allowed by the type-70 license. • The hotel will be a 24 hour, 7 days a week operation. • There will be approximately 15 employees. • 159 parking spaces will be provided • Daily peak trips should be at a minimum and can be clarified through the traffic study on file • Cleaning materials are the only possible hazardous materials known to us at this juncture and will be updated moving forward • The site was deemed adequate for the hotel use as a part of a previously approved development plan • The proposed use is in a properly zoned area of the City of Temecula and would not have a substantial adverse impact on the general welfare of the community. Please let us know if we can be of further assistance moving forward. Sincerely, TDK Development David Krzywicki NOTICE OF PUBLIC HEARING Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No: Planning Application Nos. PA09-0174 and PA09-0195 Applicant: David Krzywicki, TDK Development Proposal: A Conditional Use Permit for a Type-70 ABC license to allow complimentary happy hour and on-sale consumption of beer, wine and distilled spirits, with an associated Finding of Public Convenience or Necessity, for Springhill Suites by Marriott hotel under construction at 28220 Jefferson Avenue, generally located north of Rancho California Road and south of Del Rio Road Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be issued in compliance with CEQA (Section 15301, Class 1 Existing Facilities) Case Planner: Cheryl Kitzerow/Matt Peters, (951) 694-6409 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: August 5, 2009 Time of Hearing: 6:00 p.m. PA09-0174 }coo- i S 'aF~ ~ \110 5 756 i 1 Any person may submit written comments to the Planning Commission before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of the hearing. Any petition for judicial review of a decision of the Planning Commission is controlled by the statute of limitations provisions set forth in Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission, shall be limited to those issues raised at the hearing as provided in Chapter 2.36 of the Temecula Municipal Code. Copies of the procedures for the conduct of City Council, Planning Commission, and Planning Director public hearings are available from the City Clerk. If you wish to challenge the above [project] in court, the challenge will be limited to only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice, and must be commenced within the time limit specified in Section 1094.5 and Section 1094.6 of the California Code of Civil Procedure. The proposed project application may be viewed at the City of Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner at (951) 694-6409. ITEM 4 STAFF REPORT- PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: August 5, 2009 PREPARED BY: Eric Jones, Case Planner PROJECT Planning Application Number PA09-0132, a Minor Modification to an SUMMARY: existing Minor Conditional Use Permit (PA07-0087) to upgrade a Type-42 license to a Type-57 license to allow for the consumption of beer, wine, and distilled spirits to members and guests on the premises and to allow for the sale of beer and wine to members and guests for consumption off the premises located at 28120 Jefferson Avenue RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15301, Class 1 Type: Existing Faclities PROJECT DATA SUMMARY Name of Applicant: Zaher Abou - Zarka Cigar Lounge General Plan Highway Tourist Commercial (HT) Designation: Zoning Designation: Highway Tourist Commercial (HT) Existing Conditions/ Land Use: Site: Existing Commercial Shopping Center/Highway Tourist North: Existing Fast Food Restaurant/Highway Tourist South: Existing Restaurant/Highway Tourist East: Interstate 15 West: Jefferson Avenue, Abandoned Gas Station/Community Commercial Existing/Proposed Lot Area: Total Floor Area/Ratio: Existing Existing Landscape Area/Coverage: Existing Min/Max Allowable or Required N/A N/A N/A Parking Required/Provided: Existing N/A BACKGROUND SUMMARY Zarka Cigar Lounge currently exists in the Broadmoor Place shopping center located in the Highway Tourist Commercial zoning district on the east side of Jefferson Road and west of Interstate 15. Zarka Cigar Lounge is currently operating as a retail tobacco shop with an ancillary smokers' lounge, which is a permitted use in the Highway Tourist Commercial zone. A Conditional Use Permit (PA07-0087) and a finding of Public Convenience or Necessity (PA08- 0027) where approved by the Planning Commission on April 2, 2008. Customers are allowed to consume alcoholic beverages within the lounge (beer and wine) since the establishment has obtained a TypeA2 license from the Department of Alcoholic Beverage Control (ABC). A Type- 42 license allows for the sale of beer and wine for consumption on or off the premises. No distilled spirits are allowed on the premises. The applicant is now requesting to upgrade their existing Type42 license to a Type-57 license. The license will authorize the sale of beer, wine, and distilled spirits to members and guest only for consumption on the premises. It will also authorize the sale of beer and wine to members and guests only for consumption off the licensed premises. No other changes to the Zarka Cigar Lounge operations that were previously reviewed and approved by the Planning Commission on April 2, 2008 are proposed by the applicant. ANALYSIS Conditional Use Permit Modification The applicant is requesting that the Planning Commission authorize a change to a previously approved Conditional Use Permit (PA07-0087). This change will allow the applicant to obtain a Type-57 from the Department of Alcoholic Beverage Control (ABC). Ail establishments offering the sale of alcoholic beverages require the appropriate license from ABC. Staff has contacted ABC and was informed that a Type-57 license is appropriate for the Zarka Cigar Lounge. However, before ABC can issue the license, the Minor Conditional Use Permit Modification must be approved by the Planning Commission. According to the Development Code, businesses selling alcoholic beverages and requiring the approval of a Conditional Use Permit shall not be located within 500 feet of any religious institution, school or public park. Staff has consulted with the City's Geographical Information Systems Department and determined that there are no sensitive uses within 500 feet of the existing establishment. Zarka Cigar Lounge is located within an existing shopping center and all of the existing uses within the shopping center are restaurant and office uses. The uses include Mortgage House Inc., Youme Sushi, and Mr. Shish Kabob Mediterranean Grill. Youme Sushi has an active Type-41 license from ABC which authorizes the sale of beer and wine for consumption on the premises. No residences are located in the immediate vicinity of the Zarka Cigar Lounge. Due to the fact that the modified Conditional Use Permit will be issued to a private cigar lounge, the use is not anticipated to be detrimental to the health, safety, and general welfare of the public since the facility is not open to the general public. 2 LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on July 25, 2009 and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review per CEQA Section 15301, Class 1 Existing Facilities. The project qualifies for the Existing Facilities exemption under CEQA Section 15301, Class 1. Zarka Cigar Lounge is located in a currently existing shopping center. The only change to the existing use is that the approval of this Conditional Use Permit Modification will authorize the sale of distilled spirits within the existing lounge portion of the business. FINDINGS Conditional Use Permit (Section 17.04.010.E) The proposed conditional use is consistent with the General Plan and the Development Code 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. 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. The adjacent uses, buildings and structures are all office and restaurant uses and no residences are located in the immediate vicinity of this conditional use. The authorization of a modification to the existing Conditional Use Permit to allow for the sale of distilled spirits in the private members 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 (Youme Sushi) located in the shopping center currently holds a Type-41 ABC license which allows for the consumption of beer and wine on the premises. 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 City 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 to integrate the use with other uses in the area. The shopping center in which the conditional use is located currently exists, and no construction or on-site modifications are proposed as a part of this project. 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 modification is to add the service of distilled spirits within a private members only cigar lounge and as conditioned is not anticipated have an adverse affect on the health, safety and welfare of the community since the cigar lounge is not open to the general public and will cater to members only. That the decision to approve, conditionally approve, or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. The decision to approve, conditionally approve, or deny the application for a Conditional Use Permit will be based on substantial evidence in view of the record as a whole before the planning Commission or City Council on appeal. 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PA09-0132, A MINOR MODIFICATION TO AN EXISTING MINOR CONDITIONAL USE PERMIT (PA07-0087) TO UPGRADE A TYPE-42 LICENSE TO A TYPE-57 LICENSE TO ALLOW FOR THE CONSUMPTION OF BEER, WINE, AND DISTILLED SPIRITS TO MEMBERS AND GUESTS ON THE PREMISES AND TO ALLOW FOR THE SALE OF BEER AND WINE TO MEMBERS AND GUESTS FOR CONSUMPTION OFF THE PREMISES. LOCATED AT 28120 JEFFERSON AVENUE (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 April 2, 2008 the Planning Commission approved Planning Application No. PA 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; and Planning Application No. PA08-0027 a finding of Public Convenience or Necessity. B. On April 3, 2009, Zaher Abou (Zarka Cigar Lounge) filed Planning Application No. PA09-0132, a Minor Modification for an existing Conditional Use Permit Application in a manner in accord with the City of Temecula General Plan and Development Code. C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Application and environmental review on August 5, 2009, 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. E. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA09-0132 subject to and based upon the findings set forth hereunder. F. 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: Conditional Use Permit (Section 17.04.010.E): 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. 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; 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. The adjacent uses, buildings and structures are all office and restaurant uses and no residences are located in the immediate vicinity of this conditional use. The authorization of a modification to the existing Conditional Use Permit to allow for the sale of distilled spirits in the private members 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 (Youme Sushi) located in the shopping center currently holds a Type-41 ABC license which allows for the consumption of beer and wine on the premises. 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 City 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 to integrate the use with other uses in the area. The shopping center in which the conditional use is located currently exists, and no construction or on-site modifications are proposed as a part of this project. 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 modification is to add the service of distilled spirits within a private members only cigar lounge and as conditioned is not anticipated have an adverse affect on the health, safety and welfare of the community since the cigar lounge is not open to the general public and will cater to members only. E. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the planning Commission or City Council on appeal; The decision to approve, conditionally approve, or deny the application for a conditional use permit will be based on substantial evidence in view of the record as a whole before the planning Commission or City Council on appeal. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit Application: 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); It has been determined that this project qualifies for the Existing Facilities exemption under CEQA Section 15301, Class 1. Zarka Cigar Lounge is located in a currently existing shopping center. The only change to the existing use is that the approval of this Conditional Use Permit Modification will authorize the sale of distilled spirits within the existing lounge portion of the business. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA09-0132, a Minor Modification to an existing Minor Conditional Use Permit (PA07-0087) to upgrade a Type-42 license to a Type-57 license to allow for the consumption of beer, wine, and distilled spirits to members and guests on the premises and to allow for the sale of beer and wine to members and guests for consumption off the premises. Located at 28120 Jefferson Avenue subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of August 2009. Stanley Harter, Chairman ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 09- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of August 2009, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA09-0132 Project Description: A Minor Modification to an existing Minor Conditional Use Permit (PA07-0087) to upgrade a Type-42 license to a Type-57 license to allow for the consumption of beer, wine, and distilled spirits to members and guests on the premises and to allow for the sale of beer and wine to members and guests for consumption off the premises located at 28120 Jefferson Avenue Assessor's Parcel No.: 921-060-032 MSHCP Category: Exempt DIF Category: N/A TUMF Category: Exempt Approval Date: August 5, 2009 Expiration Date: August 5, 2011 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL-1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-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/ developer has 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)). General Requirements PL-2. 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. City shall promptly notify both the applicant and landowner of 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. PL-3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-4. 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. PL-5. The Planning Director may, upon an application being filed within 30 days prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. PL-6. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL-7. The applicant shall comply with their Statement of Operations dated January 31, 2009, on file with the Planning Department, unless superseded by these Conditions of Approval. PL-8. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL-9. The City, 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 business, a change in scope, emphasis, size of 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, 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. PL-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. PL-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 (951-676-5090). PL-12. All Conditions of Approval associated with PA07-0087 shall remain in effect unless superseded herein. OUTSIDE AGENCIES PL-13. The applicant shall complywith all requirements of the County of Riverside Department of Environmental Health. BUILDING AND SAFETY DEPARTMENT B-1. 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. B-2. Provide two copies of electrical and plumbing plans for any proposed electrical and plumbing installations for review and approval. The electrical and plumbing plans shall be stamped and wet signed by a registered professional engineer or architect licensed by the State of California or by the licensed electrical contractor completing the work. B-3. Obtain all permits for required work noted above prior to construction and inspections during regular City business hours prior to use. POLICE DEPARTMENT PD-1. Applicant has 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. PD-2. Applicant has applied for a Type-57 License (Special On Sale General). A Type-57 license authorizes the sale of beer, wine, and distilled spirits, to members and guests only, for consumption on the premises where sold. Authorizes the sale of beer and wine to members and guests only for consumption off the licensed premises. Food service is not required. As the Type-42 license prohibits minors from remaining on the premises, minors shall not be allowed to enter and remain on the licensed premises. PD-3. Applicant shall exercise the rights and privileges and comply with the limitations and restrictions of the Type-42 and Type-57 licenses as set forth by the Department of Alcoholic Beverage Control. PD-4. Applicant will comply with Temecula Municipal Code section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. PD-5. Identification will be verified utilizing one of the following: (a) valid California drivers license; (b) valid California identification card; (c) valid military identification card (active/reserve/retired/dependent); (d) valid driver's license from any of the 50 States or Territories of the United States; (e) valid U.S. Passport; (f) valid government issued identification card issued by a Federal, State, and County or City agency. PD-6. 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 Section 25660 of the Business and Profession Code (B&P), which includes the following requirements: (a) name of person; (b) date of birth; (c) physical description; (d) photograph; (e) currently valid (not expired). PD-7. 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 Code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00 a.m. Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter that the law. Those licenses are marked "Conditional" (23805 B&P). PD-8. 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 anytime 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). PD-9. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages are 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. 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. PD-10. 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. PD-11. Licensees may not permit their licensed premises to be a problem for the local law enforcement agency by needing an undue number of calls for service. The licensed premise includes the parking lot (Sections 24200 (a) (B&P). MODIFIED STATEMENT OF OPERATIONS Zarka's Cigar Lounge Statement of Operation January 31, 2009 Zarka's Cigar Lounge seeks to upgrade its type 42 Alcohol Beverage License to type 57 with no other changes to approved operating policies. Zarka Cigar will operate a members-only lounge for cigar and pipe smokers that join the lounge as members. The Lounge has no other purpose but to provide its members an environment for the quiet enjoyment of cigar lounge. The Lounge will provide its members with a broad selection of cigars along with beer, fine wines and distilled spirits. The Cigar Lounge will have four large plasma screens and one wall sized projection screen where selected sporting events and entertainment are displayed for the enjoyment of its members. Members will join the Cigar Lounge for an annual membership fee of approximately $365. Membership includes access to the lounge during normal operating hours between 10:00 AM and 10:00 PM. Each member will provide a valid picture I.D. and background application. The lounge has an electronic fraud proof I.D. scanner to verify that each picture I.D. is valid and that all members are over the age of 21. No persons under the age of 21 are allowed in the lounge and will not be admitted past the security door entrance to the Cigar Lounge portion of the operation. Cigars are sold in Zarka's Cigar Store where I.D. checks are performed so that no sales of tobacco products are made to minors. Customers of the cigar store enter the store where there is no access to tobacco products or alcoholic beverages of any type. The store will carry cigar and pipe accessories such as humidors, cigar travel cases, and high quality lighters and tobacco pipes of various sizes. Access to the Cigar Humidor is controlled and is not available to minors. Once the customers have entered and selected cigars for purchase, they exit the humidor and make the purchase at a point of sale counter located at the front of the store. When customers or members enter the store, they must provide proof of age and then may enter the cigar humidor and purchase cigars or, if they are members, enter the Cigar Lounge. The entrance to the Cigar Lounge has an electronic lock that is controlled from the point of sale location at the front of the store. Members are admitted into the lounge only after they have provided identification. Since non-members are not permitted into the lounge, and since all members must be at least 21 years of age, no sale of alcoholic beverages will be made to any persons under the age of 21. Further, no consumption of alcoholic beverages will be in the presence of any persons under the age of 21. The minimum age of membership is 21 and is strictly enforced. Once in the Cigar Lounge members are admitted into the lounge, they have access to private humidors where they can store their own cigars. Each membership may elect to purchase the additional service of a member humidor. Each member humidor is separate and includes a key and a door plaque. The locker sized humidors are all maintained at 70° F. and 70% relative humidity for proper cigar storage. Large-scale commercial humidifiers are located inside the main humidor and in the lounge humidor lockers. The entire operation including the store, the Cigar Humidor and the Cigar Lounge including the bar is monitored by closed circuit security surveillance video equipment which records all camera views and maintains a digital recording of all operations for up to one month. All video is available for monitoring compliance to all regulations. The Cigar Lounge ventilation system is designed to handle large amounts of smoke with air handlers and smoke filtration and exhaust units located in the ceiling of the lounge. Each unit has separate controls and can be activated by the management at anytime there is need. The Zarkas's Cigar Lounge • 28120 Jefferson Ave., Ste B-202 • Temecula CA 92590 • 951.587.9854 Page I Zarka's Cigar Lounge Statement of Operation January 31, 2009 Smoke filtration units reduce and eliminate the smoke in the lounge while the exhaust units can evacuate the entire lounge of all smoke.. The Cigar Lounge bar is not the primary purpose of the lounge. The enjoyment of cigars and pipe tobacco is the primary purpose of the Cigar Lounge. However, when approved, the Cigar Lounge will offer to its members the sale of fine wines, selected beers and distilled spirits. The Cigar Lounge may serve as an additional showcase of Temecula Valley wines for the enjoyment of its members. Temecula is a unique wine growing area in Southern California and has over a dozen wineries that can be featured in the Cigar Lounge for its members. The Cigar Lounge bar will be located along the west wall of the Cigar Lounge and have a small number of display cases for wines, wine glasses, and glasses for sodas and beer and distilled spirits. The Cigar Lounge has a designated driver program in place to ensure that members have an alternative option available to them for safe transportation. The lounge will have various tables, chairs and sofa style seating. Large overstuffed leather lounge chairs, sofas and tables are located in the lounge in various arrangements for the comfort of its members including a dozen or so plush bar stools. The lounge also has two separate restrooms located along the east side of the lounge one for men and one for women. Each restroom is equipped with a toilet, bidet, lavatory, automatic towel dispensers, automatic trash receptacles and flat screen TV's. The Cigar Lounge is not just another bar. The lounge is designed to serve as a very plush, quiet, high quality environment for the enjoyment of high-end cigars and fine wines and distilled spirits. The average price of a cigar ranges from $8 to $15 each, with many cigars priced over $20 each. The total cost of membership serves as a barrier to any member joining the Cigar Lounge as a means of frequenting a bar. The Cigar Lounge employs no more than five employees all 21 years of age or older. The staff includes one manager/owner, two sales clerks and two lounge attendant servers. Sales clerks are responsible for the sale of cigars, and cigar accessories in the cigar store and restricting access to the Lounge and the store to non-members. The Lounge Attendant Servers are responsible for serving beverages to members inside the Cigar Lounge and maintaining a clean and orderly atmosphere for members. The parking spaces available for the Cigar Lounge (approximately 50) meets or exceeds the number required by the City of Temecula per Section 17.24.040 and constitutes a reciprocal parking load with Mr. Shish's restaurant. Zarka's Cigar Lounge has already begun to sell memberships to its customers and includes local law enforcement, business professionals, and civic leaders in our community. The Cigar Lounge Mission: The Cigar Lounge will provide a positive service in the community by providing a neat, clean, secure, orderly and entertaining environment for adults to enjoy cigars and drink service without imposing second hand smoke on the public. Zarka's Cigar Lounge 28120 Jefferson Avenue Suite B-202 Temecula, California 92590 www.zarkascigariounge.com Zarkas's Cigar Lounge • 28120 Jefferson Ave., Ste B-202 • Temecula CA 92590 • 951.587.9854 Page 2 PLANNING COMMISSION STAFF REPORT DATED APRIL 2, 2008 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: April 2, 2008 PREPARED BY: Katie Le Comte, Assistant Planner PROJECT Planning Application Number PA07-0087, a Minor Conditional Use DESCRIPTION: 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; and Planning Application No. PA08-0027 a finding of Public Convenience or Necessity (APN: 921-060-032) RECOMMENDATION: CEQA: Approve with Conditions Categorically Exempt Section 15301 Class 1 Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Mr. Zack Abou General Plan Highway Tourist Commercial Designation: Zoning Designation: Highway Tourist Commercial Existing Conditions/ Land Use: Site: Broadmoor Place North: Highway Tourist Commercial/Existing McDonald's Restaurant South: Highway Tourist Commercial/Existing Rosa's Cafe Restaurant East: Service Commercial/Existing Service Commercial buildings West: Interstate-15 Proposed Min/Max Allowable or Required Lot Area: Existing N/A Total Floor Area/Ratio: Existing N/A Landscape Area/Coverage: Existing N/A Parking Required/Provided: 88 existing parking spaces/ 88 spaces required/36 for cigar reciprocal lounge GAPlanning1200APA07-0087 Zarka Cigar Lounge0anning\STAFF REPORT.doc 1 BACKGROUND SUMMARY Zarka Cigar Lounge currently exists in the Broadmoor Place shopping center located in the Highway Tourist Commercial zoning district on the east side of Jefferson Road and west of Interstate 15. Zarka Cigar Lounge is currently operating as a retail tobacco shop with an ancillary smokers' lounge, which is a permitted use in the Highway Tourist Commercial zone. The operation of the retail tobacco shop in conjunction with the ancillary smokers lounge is consistent with the "Retail Tobacco Shop Exception" per Labor Code Section 6404.5, and currently meets the following criteria in order to qualify for this exception:. (1) the private smoker lounge is attached to the retail tobacco shop; (2) the main purpose of the business is the sale of tobacco products. The applicant is requesting to operate the existing cigar lounge as a private members only cigar lounge and serve beer and wine to members. According to the Development Code, the approval of a Conditional Use Permit is required to authorize alcoholic beverage sales in the Highway Tourist Commercial zone. On March 15, 2007, Mr. Zack Abou submitted a Minor Conditional Use Permit application to request the authorization of a Type-42 ABC license to allow for the sale of beer and wine for on-site consumption in the private members only cigar lounge. The retail portion of the business would not be licensed to serve beer and/or wine. Staff has consulted with the City Attorney regarding this application, and presumably, when a cigar lounge holds an ABC license, the main purpose of the business is no longer the sale of tobacco products. Therefore, the establishment no longer qualifies for the "Retail Tobacco Shop Exception" from indoor smoking restrictions as governed by California Labor Code Section 6404.5. However, the applicant has indicated that they qualify for the "Small Business Exception" per Labor Code Section 6404.5 and are exempt from the smoking restrictions required for places of employment. In order for a business to qualify for this exception they must have five or fewer employees and meet the following requirements: (1) all employees who enter the establishment must consent to the smoking; (2) air is exhausted directly outside by an exhaust fan; (3) the employer complies with all applicable state and federal ventilation standards. To ensure consistency with the "Small Business Exception" from the Labor Code, a Condition of Approval has been added to the permit which restricts the number of employees to no more than five for the business. Additionally, a Condition of Approval has been added to require that the permittee comply with all applicable State laws, including all Labor Code requirements. The statement of operations that has been provided by the applicant indicates that the business will have no more than five employees. The staff includes one manager/owner, two sales clerk and two lounge attendants. The applicant has indicated that all of the employees will beat least 21 years of age, so that all employees may enter the lounge if the need arises. Additionally, the applicant has indicated that the lounge has been equipped with air handlers and a smoke filtration system which eliminates the smoke in the lounge and reduces second hand smoke inhalation by members and employees. All smoke is required to be exhausted directly outside by an exhaust fan, and the Building and Safety Department will ensure that the facility meets all requirements during the building plan check process. Additionally, to ensure compliance with this exception, the project has been conditioned to require that the permittee/owner obtain a written statement from all employees indicating that they consent to the smoking. The condition also requires that employee's consent forms are retained on file at the establishment. G.1P1anr ingM071PA07-0087 Zarka Cigar Lounge"anniig\STAFF REPORT.doc 2 As indicated in the statement of operations, the retail tobacco portion of the business and humidor is physically separated from the members only cigar lounge by a door with an electronic lock. When a member enters the store they must show proof of identification and age (21 or older). Additionally, patrons requesting to enter the lounge must show proof of membership prior to being permitted to enter the lounge. All members are required to be at least 21 years of age and alcoholic beverages will be served in the private lounge portion of the business only. No alcohol will be permitted to be served in the retail portion of the facility under any circumstances. Members may join the private cigar lounge for an annual fee of approximately $600. Membership includes access into the lounge during the normal hours of operations. The lounge is proposed to be open from 10 a.m. to 10 p.m. everyday. The entire facility has been equipped with closed circuit surveillance video equipment which records all camera views. The applicant has indicated that all digital recording is retained for up to one month. Staff has consulted with the Department of Alcoholic Beverage Control (ABC) and they have indicated that the census tract in which Zarka Cigar Lounge is located is over-concentrated with existing on-sale ABC licenses. According to ABC, census tract 432.15 is allowed to have three on-sale licenses before the census tract is considered to be over-concentrated. Currently, 52 on-sale licenses exist within the census tract. However, it is important to note that the over- concentration of ABC licenses is based upon the residential population in the census tract area. The number of residents in census tract 0432.15 is relatively small in comparison to the number of residents in other census tracts within the City, which reflects a smaller number of allowable licenses in the census tract. Most of the existing licenses in the census tract have been issued to restaurants (bona-fide eating establishments), which are not subject to the Finding of Public Convenience or Necessity. Three other Type-42 licenses have been issued to wine tasting facilities in the Old Town area, and upon the approval of the Minor Conditional Use permit for Zarka Cigar Lounge four Type-42 licenses will exists in the census tract Staff has drafted a number of operational restrictions and they have been included as Conditions of Approval for the Minor Conditional Use Permit. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS Conditional Use Permit The applicant is requesting that the Planning Commission authorize a Minor Conditional Use Permit to authorize a Type- 42 ABC license to allow for beer and wine to be served in a private members only cigar lounge located al; 28120 Jefferson Avenue. All businesses or establishments offering the sale of alcoholic beverages require the appropriate license from the Department of Alcoholic Beverage Control (ABC). Staff has consulted with ABC and they have indicated that the applicant has applied for the appropriate license. However, before ABC can issue the license, the Minor Conditional Use Permit must be approved by the Planning Commission. According to the Development Code, businesses selling alcoholic beverages and requiring the approval of a Conditional Use Permit shall not be located within 500 feet of any religious institution, school or public park. Staff has consulted with the Geographic Information Systems department and they have indicated that there are no sensitive uses within 500 feet of the GAPlanningMOAPA07-0087 Zarka Cigar LoungeTlanning\STAFF REPORT.do 3 proposed use and that the business complies with the required sensitive use buffer requirements. The establishment will be located approximately 1,500 feet from three established churches (Grace of Temecula Valley, Emanuel Christian Fellowship and Southwest Christian Church). Zarka Cigar Lounge is located within an existing shopping center and all of the existing uses within the shopping center are commercial and retail-type uses. The uses include Mortgage House Inc., Penny Saver, Allure Salon, Yummy Sushi restaurant, and an additional restaurant space that is now vacant. Yummy Sushi currently holds an active Type-41 ABC license which authorizes the sale of beer and wine for consumption on the premises. No residences are located in the immediate vicinity of this conditional use. A number of operational restrictions have been drafted, and shall be made Conditions of Approval for the project, in order to ensure that this conditional use is compatible with the adjacent uses and that the use will not have a detrimental impact on surrounding uses. This project meets all applicable Development Code requirements and is compatible with surrounding uses, buildings, and structures. The site is adequate in size and shape to meet all code requirements, including the minimum parking requirements. Due to the fact that the Conditional Use Permit will be issued to a private cigar lounge the use in not anticipated to be detrimental to the health, safety and general welfare of the public due to the fact that the facility is not open to the general public. Furthermore, the applicant has indicated that Zarka Cigar Lounge will have a designated driver program in place to ensure that members have a safe transportation option, if needed. Finding of Public Convenience or Necessity In discussing this project in detail with the Department of Alcoholic Beverage Control (ABC), they have indicated that a Finding of Public Convenience of Necessity is required to be made by the Planning Commission, in addition to the approval of the Minor Conditional Use Permit, prior to the licensing of the private members only lounge and prior to the issuance of the Type-42 license. When requested by the State of California to make a Finding of Public Convenience or Necessity, the approval authority shall only consider whether or not the use is consistent with the General Plan and Development Code, whether the use is compatible with adjacent land uses, whether the use will have an adverse affect on adjacent land uses, and whether the use will result in an excessive number of similar establishments in close proximity. According to ABC, a Finding of Public Convenience or Necessity is required because the census tract (No. 432.15) is over-concentrated with on-sale ABC licenses. Three on-sale licenses are allowed in census tract before the census tract is considered over-concentrated by ABC's standards. Fifty-two on-sale licenses currently exist in the census tract. However, it is important to note that the over-concentration of ABC licenses is based upon the residential population in the census tract area. The number of residents in census tract 0432.15 is relatively small in comparison to the number of residents in other census tracts within the City which reflects a smaller number of allowable licenses in the census tract. Staff has analyzed the census tract data provided by ABC and has determined that 43 of the on- sale licenses in the census tract have been issued to restaurants (bona-fide eating establishments) serving beer and wine; or beer, wine and distilled sprits. Restaurants (bona- fide eating establishments) are not subject to the Finding of Public Convenience or Necessity. One Type-40 license currently exists in the census tract which authorizes the sale of beer only. Two Type-58 licenses, which are special catering licenses, are active in the census tract, along with two Type-48 licenses which have been issued to bar/nightclub establishments to allow for the service of beer, wine and distilled spirits without food service. The existing Type-48 licenses G: Piawing0007iPA07-0087 Zarka Cigar LoungeTlanninglSTAFF REPORT.dw 4 required a Finding of Public Convenience or Necessity to be made in order to authorize these licenses. The three other Type-42 licenses which currently exist in the census tract have been issued to wine tasting facilities. Prior to the issuance of the Type-42 licenses for these facilities, a Finding of Public Convenience or Necessity had been made by the Planning Commission to authorize the service of beer and wine at these establishments. One Type-52 license exists in the census tract and has been issued to the Veteran's of Foreign War Post 4089. A Type-52 license is specifically a Veteran's Club License which authorizes the sale of beer, wine and distilled spirits for consumption on the premises where sold. If the Planning Commission approves the Minor Conditional Use Permit and makes the finding of Public Convenience or Necessity for the Type-42 license for the private cigar lounge portion of the applicant's business, there will be four active Type-42 licenses in the census tract. Parking Requirements Per Development Code Section 17.24.040, the parking for this project should be calculated according to the requirements for a shopping center due to the mix of land uses within the shopping center. The total shopping center square footage is 12,371 square feet. The Development Code parking requirements for a shopping center allow for the first 15% of restaurant space within the shopping center to be parked at 1/300. The remaining restaurant space within the shopping center which exceeds the first 15% of restaurant space is then parked at 1/100. The parking requirements for the existing in the Broadmoor shopping center, as well as the proposed Zarka Cigar Lounge are as follows: Total shopping center square footage = 12,371 square feet (12,371 square feet X 15% = 1,856 square feet of restaurant space to be parked at 1/300) Vacant Restaurant: 2,200 square feet total 1,856 square feet/300 = 6 spaces 344 square feet/100 = 4 spaces Allure Salon: 1,600 square feet/300 = 5 spaces Mortgage House & Penny Saver: 3,853 square feet/300 =13 spaces Yummy Sushi: 1,920 square feet/100 = 19 spaces Zarka Cigar Lounge: Office/retail - 1,423 square feet1300 = 5 spaces Lounge -1,188 square feet = 36 spaces Based upon these calculations, 88 parking spaces are required and 88 parking spaces exist on the site. This project meets the minimum parking requirements as outlined in the Development Code. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on March 22, 2008 and mailed to the property owners within the required 600-foot radius. GAPIanning12007WA07-0087 Zarka Cigar LoungelPlanningl.STAFF REPORT.doc ( 5 ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review per CEQA Section 15301, Class 1, Existing Facilities. It has been determined that this project qualifies for the Existing Facilities exemption under CEQA Section 15301, Class 1. Zarka Cigar Lounge is located in a currently existing shopping center. The only change to the existing use is that the approval of this Conditional Use Permit will authorize the sale of beer and wine within the existing lounge portion of the business. FINDINGS Conditional Use Permit - Development Code Section 17.04.010 (E) The proposed conditional use is consistent with the General Plan and the Development Code 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 part of the Conditions of Approval in order to ensure continued consistency with the General Plan and Development Code. 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 part of the 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 members 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 a Type-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 members. 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 to integrate GA1PIanning\2007\PA07-0087 Zarka Cigar Lounge\PlanningWAFF REPORT.doc 6 the use with other uses in the neighborhood. The shopping center in which the 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. 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 members only cigar lounge and as conditioned is not anticipated have an adverse affect on the health, safety and welfare of the community since the cigar lounge is not open to the general public and will cater to members only. Finding of Public Convenience or Necessity - Development Code Section 17.10.020 (5) When requested by the State of California to make a Finding of Public Convenience or Necessity, the approval authority shall consider only the following criteria in making a finding of public convenience or necessity: Whether or not the proposed use is consistent with the General Plan and Development Code. The proposed conditional use, which would authorize a Type-42 ABC license for Zarka's Cigar Lounge to allow for the consumption of beer and wine on the premises is consistent with the General Plan and Development Code. 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. The project meets all 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 part of the Conditions of Approval in order to ensure continued consistency with the General Plan and Development Code. Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses. As conditioned, the proposed conditional use is compatible with the nature, condition and character of adjacent uses and the proposed conditional use is not anticipated to adversely affect the adjacent uses, buildings or structures. Operational restrictions have been made part of the Conditions of Approval for this project to ensure compatibility with the surrounding development. The adjacent land uses 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 members 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 a Type-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 members. GAPlanning1200APA07-0087 Zarka Cigar LoungeTlanninglSTAFF REPORT.doc 7 Whether or not the proposed use would have an adverse effect on adjacent land uses As conditioned, the proposed use is not anticipated to have an adverse effect on adjacent land uses. The adjacent tenants are commercial and retail-type uses, which are not anticipated to be negatively impacted by the service of beer and wine inside the private members only cigar lounge. Additionally, there is an existing restaurant within the shopping center (Yummy Sushi) which currently holds a Type-41 ABC license which authorizes the consumption of beer and wine on the premises. The other uses include the Mortgage House Inc, Penny Saver Allure Salon and a vacant restaurant space. The restaurant which previously occupied the now vacant restaurant space in the shopping center held aType-41 ABC license. Presumably, when a new restaurant occupies this space it is likely that they will serve beer and wine, as this is a permitted use in the Highway Tourist Commercial zone. All of the existing uses in the shopping center are compatible with the proposed conditional use and are not anticipated to be negatively impacted. There are no residences in the immediate vicinity of the proposed project. Whether or not the proposed use would result in an excessive number of similar establishments in dose proximity. Three on-sale licenses are allowed in census tract (No. 432.15) before the census tract is considered over-concentrated by ABC's standards. Fifty-two on-sate licenses currently exist in the census tract. However, it is important to note that the over concentration of ABC licenses is based upon the residential population in the census tract area. The number of residents in census tract 0432.15 is relatively small in comparison to the number of residents in other census tracts within the City, which reflects a smaller number of allowable licenses in the census tract. Most of the existing licenses in the census tract have been issued to restaurants (bona-fide eating establishments), which are not subject to the Finding of Public Convenience or Necessity. Three other Type-42 licenses have been issued to wine tasting facilities in the Old Town area, and upon the approval of the Minor Conditional Use permit for Zarka Cigar Lounge four Type-42 licenses will exists in the census tract. ATTACHMENTS Vicinity Map 500-Foot Sensitive Buffer Map Plan Reductions PC Resolution Exhibit A - Draft Conditions of Approval Statement of Operations Rules and Regulations Membership Application Pending Type42 ABC License Information Census Tract Information Notice of Public Hearing G:V'Ianning=071PA07-0087 Zarka Cigar LoungeWlanning%STAFF REPORT.doc 8 VICINITY MAP GAPlanning12007WA07-0087 Zarka Cigar Loungc\PlanninglSTAFF REPORT.doc 9 , ProjectSite i F 500-FOOT SENSITIVE BUFFER MAP GAPlanning120071PA07-0087 Zarka Cigar Loungo'Planning\STAFF REPORT.doc 10 / Sensitive Use 500' Buffer ProjectSite I~ME Legend - Highway Q 500 Ft Radius d Religious Facilities figiffim Parks - Schools N Q City Boundary o 2 FM PLAN REDUCTIONS G.,XRanning120071PA07-0087 Zarka Cigar LoungeTianning\STAFF REPORT.doc 11 tl I,y ,yvavmre.ai..,nmvn-aw¢ ~ ii if F(!l~ ff!fi ~ 6 I4 i!i 4!9I w F-~ a E ' a r~ s :Fa ¢E ~d'I:F U -iia ~f F!I e6fi glfii N t ~ O / m v rc: t Q o ~ U ~ N w Y I u I I + , r s W p ~ Q iEF p ' d e - i i J E• m i f ~ 1 15 i j., u .1 I W zm 4~i~~; ~ 1 N s§§~~ 9 y , , ~'I} 9 I..: 1'. . '1 1 f f .3 21736 M ,I. fl - c~ - 11 y f ~i w O j l t i ~ ] • E ~ E F ~ f~ ' . s~ 133Ms LMDW ~i a Eby f $ n r ai E ' z ! f° a • £ LL r Jif if N EE:i~F•E~3 fi l wi1~}~FI Ni o rc _ o ~ ~ Vow i,-- 4.q IR{HY.O~L gMf.ti'OP6 ~ C.NOH tlONldi ~ MGA 1 l~wC..W YIMUYei.19 ~ li ♦)YpW.AY YL~1 11[i1Ml1OQ.1 bMIW.10YM1 tl x ~ ~ E3 ? p3 LJ o ~ @ Y F y]3 , i ~ s 86 ; ww §S Ct O I 5~ 6 o xg i w g =I o gg I I 4g3 ° ww m a LLa b8 o4 G Egg a3 El Hill a ¢ggg X Ogg ' Fo ~<~F l gg 4 3 gad 'ds$si os3 o 8 w 9!9 99 4~ w g S w W a ~ Ws Wot`s9SgE3g9g9€gp s s € w t: ~ ` x_ O Q I ~I F88 ss E C q w33d36 wu,~ R` 2`9~ w3 e1 ii ~5 o~wyq S gSld o~32 58 88 55~ T yO8 N w a , unv.om cunrruau wnYV ws ~o=`' ~ anumvuunc ~uoo~v se ~I n~ riY1fY~~iY V14 33711 YIWiYMYY - r YQD i3W)Ol'W4YOOLTVY'lllYtAlY YAWmwYGYIIN 30MYlYYSO WIM! t ~q g E E o 3s 5 ®9 Z w O U W ~ b N 1 ° a all $ ilia $d& ;>g&! 99? ~ e Mon ~ 3 i334 3~ 8$e€ ~$~4$AR 6 6 ¢ C ~ ~ CY ~6' ~ o 0 o g q o g U ~ ~ Q U V ~ q3 Y3 Q3 ~ u Y~ ~ ES ~ Zf ui pp LL a ~ ~ G1rR u~u RF W U x w z S Q b G P z ~ w ~ ~ ~ ~ b g O y i 3 3~ ~w~ q Y~~ q d ~ ga as aa ss s z 5 a J F WU W S U§ r PC RESOLUTION GAPlanning\20071PA07-0087 Zarka Cigar Lounge\Planning\STAFF REPORTAm 12 PC RESOLUTION 08- 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, a Minor 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 GAPlanning12007WA07-0087 Zarka Cigar LounpelPlanninglPC 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 a Type- 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 to integrate the use with other uses in the neighborhood. The shopping center in which the 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 GVIanning~20071PA07-0087 Zarka Cigar LoungeWlanningVPC RESOLUTION NO.dm 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 the 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 a Type-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. G1Planning120071PA07-0087 Zarka Cigar Lounge\Planning%PC RESOLUTION NO.doc Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 2nd 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- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 2nd day of April 2008, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary G:\Planning1200T1PA07-0087Zarka Cigar Lounge0anningWC RESOLUTION NO.doc EXHIBIT A DRAFT CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLUS: INITIALS: PLANNER: Le Comte GAPlanning1200APA07-0087 Zarka Cigar LoungeSanning0rafl CONs.dx 7 EXHIBfT A CITY OF TEMECULA DRAFT 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 a Type-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 applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-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/developer has 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:W1anning120071PA07-0087 Zarka Cigar LoungeRanning0raft COA%.doe 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. GAP1anning120071PA07-0087 Zarka Cigar LaungelPlanninglDraft 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 per mittee/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 penmittee 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. GAPlanning12NAPA07-0087 Zarka Cigar Lounge0anning0rafl CONs.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 byThis 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 fighting 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). GAPlanningl20071PA07-0087 Zara Cigar LoungelPlanningSDraR COA'sAm 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, Tavem). 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 C. A valid Military Identification Card (Active/Reserve/Retired/Dependent) GAP1anning120071PA07-0087 Zarka Cigar LoungWianningWraft CONs.doc 7 d. A valid Driver's License from any of the Fifty States or Territories of the United States e. A valid U.S. Passport f. 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 swom 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). 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 GAPIanning12 MPA07-0087 Zarka Cigar LawgelPlanninglDraft CONs.dm 8 C. No alcohol consumption inside a store or outside a bar or tavern 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 f. Remove graffiti from premises and parking lot g. Have no more than 33% of windows covered with advertising or signs h. 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. GAP1anningl200APA07-0087 Zarka Cigar Lounge\Planning\DraB COA'sAm 9 STATEMENT OF OPERATIONS G:Wlanning\20O71PA07-0087 Zarka Cigar LoungekRamingGSTAFF REPORT.doc 13 Zarka's Cigar Lounge Statement of Operation January 10, 2007 Zarka's Cigar Lounge will operate a members-only lounge for cigar and pipe smokers that join the lounge as members. The Lounge has no other purpose but to provide its members a place to enjoy a cigar and a glass of wine. The Lounge will provide its members with a selection of wines including most Temecula wines and a selection of beer. The Cigar Lounge will have four large plasma screens and one wall sized projection screen where selected sporting events are displayed for the enjoyment of its members. Members will join the Cigar Lounge for an annual membership fee of approximately $600. Membership includes access to the lounge during normal operating hours between 10:00 AM and 10:00 PM. Each member will provide a valid picture I.D. and background application. The lounge has an electronic fraud proof I.D. scanner to verify that each picture I.D. Is valid and that all members are over the age of 21. No persons under the age of 21 are allowed in the lounge and will not be admitted past the security door entrance to the Cigar Lounge portion of the operation. Cigars are sold in Zarka's Cigar Store where IA. checks are performed so that no sales of tobacco products are made to minors. Customers of the cigar store enter the store where there is no access to tobacco products or alcoholic beverages of any type. The store will carry cigar and pipe accessories such as humidors, cigar travel cases, and high quality lighters and tobacco pipes of various sizes. Access to the Cigar Humidor is controlled and is not available to minors. Once the customers have entered and selected cigars for purchase, they exit the humidor and make the purchase at a point of sale counter located at the very front of the store. When customers enter the store, they must provide proof of age and then may enter the cigar humidor and purchase cigars or, if they are members, enter the Cigar Lounge. The entrance to the Cigar Lounge has an electronic lock that is controlled from the point of sale location at the front of the store Members are admitted into the lounge only after they have provided identification. Since non-members are not permitted Into the lounge, and since all members must be at least 21 years of age, no sale of alcoholic beverages will be made to any persons under the age of 21. Further, no consumption of alcoholic beverages will be In the presence of any persons under the age of 21. The minimum age of membership is 21 and is strictly enforced. Once in the Cigar Lounge members are admitted into the lounge, they have access to private humidors where they can store their own dgars. Each membership may elect to purchase the additional service of a member humidor. Each member humidor Is separate and includes a key and a door plaque. The locker sized humidors are all maintained at 70' F. and 70% relative humidity for proper cigar storage Large-scale commercial humidifiers are located inside the main humidor and in the lounge humidor lockers. The entire operation Including the store, the Cigar Humidor and the Cigar Lounge including the bar is monitored by dosed circuit security surveillance video equipment which records all camera views and maintains a digital recording of 211 operations for up to one month. All video Is available for monitoring compliance to all regulations. The Cigar Lounge ventilation system is designed to handle large amounts of smoke with air handlers and smoke filtration units located in the ceiling of the lounge. Each unit has separate controls and can be activated by the management at anytime there is need. The Smoke filtration units reduce and eliminate the smoke in the lounge to reduce second-hand smoke inhalation by customers or employees. Zar cas's Cigar Lounge • 28120 Jefferson Ave., Ste B-202 • Temecula CA 92590. 951.587.9854 Page I Zarka's Cigar Lounge Statement of Operation January 10, 2007 The Cigar Lounge bar is not the primary purpose of the lounge. The enjoyment of cigars and pipe tobacco is the primary purpose of the Cigar Lounge. However, when approved, the Cigar Lounge will offer to its members the sale of fine wines and selected beers including designer beers from local wineries and brewers The Cigar Lounge will serve as an additional showcase of Temecula Yalley wines for the enjoyment of its members. Temecula is a unique wine growing area in Southern California and has over a dozen wineries that will be featured in the Cigar Lounge for its members. The Cigar Lounge bar will be located along the west wall of the Cigar Lounge and have a small number of display cases for wines, wine glasses, and glasses for sodas and beer. The Cigar Lounge will also have a designated driver program in place to ensure that members have an alternative option available to them for safe transportation. The lounge wig have various tables, chairs and sofa style seating. Large overstuffed leather lounge chairs, sofas and tables are located In the lounge in various arrangements for the comfort of its members including a dozen or so plush bar stools. The lounge also has two separate restrooms located along the east side of the lounge one for men and one for women. Each restroom is equipped with a toilet, lavatory, automatic towel dispensers, automatic trash receptacles and plasma screen TV's. The agar Lounge is not just another bar. The lounge is designed to serve as a very plush, quiet, high quality environment for the enjoyment of high-end cigars and fine wines The average price of a cigar ranges from $8 to $15 each, with many cigars priced over $20 each. The total cost of membership serves as a barrier to any member joining the Cigar Lounge as a means of frequenting the bar. ~,YS The Cigar Lounge employs no more than five employees The staff includes one manager/owner, two sales derks and two lounge attendant servers. Sales clerks are responsible for the sale of t d 1~ dgars, and cigar accessories in the cigar store and restricting access to the Lounge and the store JJ`` to non-members The Lounge Attendant Servers are responsible for serving beverages to members inside the Cigar Lounge and maintaining a clean and orderly atmosphere for members The parking spaces available for the Cigar Lounge (approximately 50) meets or exceeds the number required by the City of Temecula per Section 17.24.040 and constitutes a reciprocal parking load with Nick's Burger's restaurant which has not historically had evening operations Zarka's Cigar Lounge has already begun to sell memberships to Its customers and includes local law enforcement, business professionals, and civic leaders in our community. The Cigar Lounge Mission: The Cigar Lounge will provide a positive service in the community by providing a neat, dean, secure, orderly and entertaining environment for adults to enjoy cigars and a glass of wine or beer without imposing second hand smoke on the public. Zarkes Cigar Lounge 28120 Jefferson Avenue Suite B-202 Temecula California 92590 www.zarkascigarlounge.com Zarkaes Cigar Lounge - 28120 Jefferson Ave., Ste 8-202 • Temecula CA 92590 . 951.587.9854 Page 2 RULES AND REGULATIONS WPlanning12007WA07-0087 Zarka Orgar LoungeTianningl.STAFF REPORT.doc 15 . Zarka Cigar Lounge 28120 Jefferson Ave. Suite 8202 Temecula CA 92590 Phone (951) 587-9854 Fax (951) 587-2555 www.zarkacigatiounge.com Zarka Cigar Lounge Rules and Regulations 1. The Zarka Cigar Lounge (ZCL) is for members only (Monthly and Annual) 2. An members are expected to conduct themselves and treat others with respect and dignity. 3. The lounge amenities are to be treated with the utmost care and members are responsible for restoring any lounge equipment to its original place. 4. Members are to behave in a manner consistent with a business environment: no yelling, cursing, derogatory comments, arguments, or other offensive behavior wn71 be permitted. 5. The lounge amenities are the sole property of ZCL and shoplifters will be prosecuted to the fullest extent of the law. 6. Alcohol consumption mast be in moderation and drunkenness shall not be permitted: ZCL reserves the right to refuse service to anyone it deems to be a threat to the lounges well being 7. Use of the lounge is at your own risk and ZCL is not responsible for any injury that may result from the use of the facility. 8. Members are not permitted to change channels on any T.V. or increase or decrease the volume of any program or music. 9. AN members agree to comply with the ZCL Designated Driver Program 10. ZCL reserves the right to cancel any membership at any time if any of the rules of conduct stated above are violated. I have read and agree to adhere to the Zarka Cigar Lounge Rules and Regulations. Name Signature Date APPLICATION G:Tlanning\2MPA07-0087 Zarka Cigar LoungeTlanninglSTAFF REPORT.doc 16 i~ Zarka Cigar Lounge Membership Application City State Home Phone: Work Photo ID Number. State; Exp: Credit Card Type: Credit Card Number. Debit Visa MasterCard Amex Expiration Date: Security 1, Authorize Zarka Cigar Lounge to charge the crediNdebit card identified above a monthly/annual membership fee of $ far access and use of the Zarka Cigar Lounge located at 28120 Jefferson Avenue, Suite 8202 in the city of Temecula, California. I understand that my membership will be automatically renewed at the date stated above until a written notice of cancellation is submitted to Zarfa Cigar Lounge. I acknowledge receipt of the Zarka Cigar Lounge Rules and Regulations. Name Signature Date Zarka Cigar Lounge 28120 Jefferson Ave. Suite B202 Temecula CA 92590 Phone (951) 587-9854 Fax (951) 587-2555 www.nrkackarlounge.corn Zarka Cigar Lounge 28120 Jefferson Ave. Suite 8202 Temecula CA 92590 Phone (951) 587-9854 Fax (951) 587-2SSS www.zarkacigarlounge.com Zarka Cigar Lounge Locker Rental Agreement 1. Lode Is to be used for cigar storage only. Z Zar1a Cigar Lounge (ZCL) will make every effort to provide adequate humidity (65% to 70%) and temperature (68' to 72' F.) to the lockers but is not responsible for the well being of any cigar before or after storage in the lockers. 3. 1 understand and consent to a monthly quality control check of my locker without my permission. ZCL hip conduct these random checks for safety and security at ZCL sole discretion and without prior notice. 4. 1 am responsible for properly storing and locking my locker at all times and ZCL is not responsible for arty theft resulting from my negka of securing my locker. S. 1 agree not to transfer my assigned Iocrer to anyone else. 6. 1 will not store any cigars purchased outside of ZCL in my locker. There is no exception - to this ruk. 7. 1 have read the ZCL Rules and Regulations and agree to adhere to them. 8 ZCL Reserves the right to terminate this locker lease at any time if any of the above terns are violated. City State Zip:. Home Phone: Work Phone: Photo ID Number. State: Exp Credit Card Type: Debit V sa MasterCard Amex Credit Card Number. Expiration Date: Security I, Authorize Zarka Cigar Lounge to charge the crediddebit card identified above a monthlyfannual membership fee of E foF access and use of the Zarka Cigar Lounge located at 28120 Jefferson Avenue, Suite B202 in the city of Temecula, California. I understand that my mernbe mlilp will'be automatically renewed at the date stated above until a written notice of cancellation is submitted to Zarka Cigar Lounge. I acknowledge receipt of the Zarla Cigar Lounge Rules and Regulations. Name Signature Date PENDING TYPE-42 ABC LICENSE INFORMATION G:~Planning120071PA07-0087 Zaft Cigar LwngelPlanningVSTAFF REPORTAM 17 California ABC - License Query System - Data Summary California Department of Alcoholic Beverage Control License Query System Summary as of 31412008 License Information icense Number: 451914 Status: PENDING rima Owner: SMOKERS LAND INC BC Office of Application: RIVERSIDE usiness Name oin Business As: ZARKA CIGAR LOUNGE [Business Address ddress: 28120 JEFFERSON AVE STE B202 Census Tract: 0432.15 i : TEMECULA Coun : RIVERSIDE rate: CA Zip Code: 92590-6607 Licensee Information icensee: SMOKERS LAND INC I Company Officer Information Officer: ABOU ZAHER YOUSIF, PRESIDENT/TREASURER [License Types I License Type: 42 - ON-SALE BEER AND WINE - PUBLIC PREMISES License Type Status: PENDING Status Date: 23-MAR-2007 Term: Month(s) Original Issue Date: Expiration Date: Master: Y Duplicate: 0 Fee Code: NA urrent Disci linarv Action . No Active Disci Tina Action found... Disci unary History . No Disciplinary History found... old Information old Date: Type: FORM 220 scrow . No Escrow found... ---End of Report--- Page i of 1 For a definition of codes, view our glossary. CENSUS TRACT INFORMATION NO. 432.15 G:Tlanning\200APA07-0087 Zarka Cigar Lounge\Planning\STAFFREPORT.doc 18 California ABC - License Query System - Data Portal Page 1 of 4 California Department of Alcoholic Beverage Control For the County of RIVERSIDE - (OnSale Licenses) and Census Tract = 043215 cl) * Report as of 8/23/2007 ~xisrrn9 tens atu cens [ OrI D Ex it p Prima Owner and P amises Business F Mailin Geo umbe Type a ate Da te A Name Address :ode - 1) 9504 CT 41 1/211981 ON GLORIA WING INN PO BOX 556 2 OLD TOWN CAFE TEMECULA, T S7 A 92593 7 CULA,CA 2590 s Tract 5 173345 CT 47 / 311985 31/2008 EXICO O BOX 905 322 HIQUITO INC MECULA, 1841 MORENO A 92593 D EMECULA,CA 2590 ensus Tract: 32.15 197340 CT 47 10/191198 10131/200 ANDERSCHEID PTAINS PO BOX 935 3322 NALD L CABIN MECULA, 8551 RANCHO A 92593 ALIFORNIA RD EMECULA,CA 2590 nsus Tract: 32.15 212820 CT 47 811/1988 0131/200 LILS EXAS LILS 0 BOX 1697 3322 ORPORATION ESQUITE MECULA, 8495 OLD TOWN RILL. 92590 RONT ST MECULA,CA 2590 us Tract 32.15 46402 CT 41 /11/1990 12008 TADIUM PIZZA STADIUM 322 INC PIZZA 7314 EFFERSON AVE EMECULA,CA 2590 nsus Tract 32.15 11 1 6~ _ 48000 CT 41 1 0/1/1990 1 0/31/200 SIAO SHU I:ff CHUNG F------1 322 California ABC - License Query System - Data Portal Page 2 of 9 HUNG KING CHINESE 7371 RESTAURANT EFFERSON AVE EMECULA,CA 2590 nsus Tract 32.15 248862 CT 41 /26/1990 29/2008 EYNOSO RANCHO 300 LFONSO UEVO 7465 EFFERSON AVE EMECULA,CA 2590 sus Tract: 32.15 60938 CT 41 /15/1991 813M007 ESING OSAS 0291 VIA 22 ICHAEL ALAN TINA RISA 8636 OLD TOWN EMECULA, RONT ST A 92592 MECULM& CA 2590 nsus Tract 32.15 ) 63628 CT 47 /19/1995 12/31/200 ARAGON UNGRY 10200 322 HOUSE UNTER722 WILLOW ESTAURANTS REEK RD NC AN DIEGO, 7600 A 92131 EFFERSON AVE MECULA, CA 2590 U H H 1 nsus Tract: 32.15 10 63628 CT 58 30/1996 12/31/200 ARAGON HUNGRY 10200 322 MOUSE HUNTER 722 WILLOW STAURANTS REEK RD NC AN DIEGO, 7600 A 92131 EFFERSON AVE MECULA,CA 2590 H H H [J nsus Tract: 32.15. 11 .76800 CT ' 41 10/1/1992 10/311200 EPHILIPPIS ILIPPIS PIZZA 322 ICHAEL D GROTTO 7309 EFFERSON AVE MECULA, CA 2590 ensus Tract: 32.15 12 01689 CT 41 1 2122/199 11/30/200 SANAL.UXMEE ANGKOK 22 HUREE T HEF California ABC -License Query System -Data Portal Page 3 of 9 7451 JEFFERSON AVE EMECULA,CA 2590 ensus Tract: 32.15 13 05223 CT 48 317/1995 /30/2007 IPHES TS SPORTS 322 EODOREA LOUNGE 7423 EFFERSON AVE MECULA,CA 2590 ensus Tract: Li I l" 32.15 14 08530 CT 47 127/1997 30/2008 MECULA EMECULA 322 TAMPEDE TAMPEDE 8721 OLD TOWN RONT ST EMECULA,CA 2590 ensus Tract: 32.15 15 17474 CT 41 /10/1996 31/2008 AFFERN FRED D 322 DELINES 8495 OLD TOWN RILL FRONT ST EMECULApCA 2590 ensus Tract: ID432:15 16 35738 CT 47 12/911997 11/30/200 OLANO MIRIAM GUADALAJARA 22 MEXICAN 7780 RILL EFFERSON AVE ECULA, CA 2590 nsus Tract: 32.15 I L 11 17 M1825 CT 41 /2411998 /31/2008 l 1rob INC MECULA 322 I P9105 OLD TOWN FOOD COURT RONT ST ECULA, CA 2590 nsus Tract: 32.15 18 45317 CT 47 17/2003 29/2008 UYEN THUAN ANZAI 322 I JAPANESE 533 CUISINE EFFERSON AVE [ MECULA, CA 590 nsus Tract: t;autorrua ABC: - License Query System - Data Portal Page 4 of 9 California ABC - License Query System - Data Portal Page 5 of 9 1 EMECULA,CA H 2590 nsus Tract 11 11 32.15 6 404834 CT 58 11/161200 130/2007 LD TOWN . ILYS FRON T 22 INING LLC STREET BAR & 8699 OLD TOWN GRILLE RONT ST MECULA, CA 2590 ensus Tract 32.15 7 05643 CT 41 1215/2003 11/30/200 NCES NCES 322 PAGHETTI PAGHETTI RESSINC EXP RESS 8145 EFFERSON AVE MECULA, CA 2590 ensus Tract 2.15 8 07263 CT 41 19/2004 130/2008 ASTE OF INDIA A3TE OF 22 MECULA INC INDIA 7715 EFFERSON AVE MECULA, CA 2590 ensus Tract: 32.15 9 12430 CT 42 512004 /31/2008 TELIAR TELLAR 322 ELLAR LLC ELLAR 8636 OLD TOWN FRONT ST MECULA,CA 2590 nsus Tract: 32.15 0 16877 CT 40 . 10/21/20 130/2007 ERREE DENNIS IGH SOCIETY 17 3322. ELL/ ILLIARD & ROOKHAVE 8950 OLD TOWN ART CLUB ASS RONT ST ISTA, CA EMECULA,CA 2081 2590 ensus Tract 32.15 1 17727 CT 47 17/2006 /30/2008 ENFOLD LADD ENFOLDS O BOX 999 322 2072 5TH ST C ATTLE CO MECULA, EMECULA, CA A 92593 2590 nsus Tract: 32.15 California ABC - License Query System - Data Portal Page 6 of 9 r) (7) 2 22542 CT 48 /2312005 29/2008 G BEACON 322 NTERTAINMEN LOUNGE NC 7725 EFFERSON AVE EMECULA,CA 2590 U H H H ensus Tract 32.15 24399 CT 41 18/2005 /30/2008 LD TOWN OLD TOWN 322 NTERPRISES COFFEE LC OUSE 1915 3RD ST EMECULA,CA 2590 ensus Tract 32.15 24644 CT 47 3110/2006 /2008 I REEK OASIS 322 NA RSON AVE [ ULA,CA 2590 Tract 29030 CT 41 112/2005 31/2007 ELGADO ANN RRIBA GRILL 322 971 MAIN ST MECULA, CA [2590 nsus Tract- 32.15 29338 CT 41 101312005 130/2007 HAVELAR INC : BLUE MARLIN 22 7590 EFFERSON AVE EMECULA,CA 2590-2664 nsus Tract 32.15 7 30487 CT 42 121231200 11/301200 ERRY CARL INE 44772 CORTE 322 AMES SELLERS THE ANCHEZ 8480 OLD TOWN MECULA, RONT ST A 92592 MECULA,CA 2590 H " nsus Tract: I " I 32.15 34642 CT 41 /6/2006 29/2008 M CHONG JA PICKS SUPER 22 8120 URGER EFFERSON AVE MEXICAN t TEMECULA, OOD 2590 California ABC - License Query System - Data Portal Page 7 of 9 Tract. lCensus L II ' u u u u U U 32.15 u u L 9 34714 CT 41- 1/18/2006 12/31/200 UCOULOMBIER AMPIN IS 322 LEANOR ITALIAN DELI IZIANA 8860 OLD TOWN RONT ST EMECULA,CA 2590 ensus Tract: 32.15 0 35159 CT 47 /30/2006 131/2008 GUYEN TIMMY TONY ROMAS 13442 BALOS 322 IEU R 7464 GARDEN JEFFERSON AVE ROVE, CA MECULA, CA 2844-1704 2590-2601 ensus Tract: 32.15 41] '430005 CT 47 6/7/2006 /3112008 MECULA HOOTERS 186 VISTA 322 WINGS LLC AY 7345 EANSIDE, JEFFERSON AVE A 92056-3631 EMECULA,CA 2590 sus Tract: L_j 410432.15 L- I L 2 38025 CT 47 /7/2006 130/2008 ELAO ELVIA CASITA 11 E PALM 3322 MARIA UEVA CANYON DR 7645 MEXICAN PALM JEFFERSON AVE RILL SPRINGS, CA MECULA, CA' 2262 2590 Census Tract: 32.15 3 40.501 CT 47 /27/2006 613012008 GUILAR ANA 9066 323 EATRIZ PROVIDENCE o D FERSON AVE EMECULA, RRIETA, CA A92591 62 1 sus Tract 32.15 4440.72 CT 41 12127120.0 11/30/200 HAO CHANGHU SUSHI HOUSE 322 7725 JEFFERSON AVE EMECULA, CA 2590 ensus Tract 3432.15 I 45 . d. 44108 CT 4 . A KIM CT 322 r I AORTS GRILL S I 11 PORTS GRILL S URR California ABC - License Query System - Data Portal Page 8 of 9 NC A 92563-5346 7713 EFFERSON AVE rEMECULA, CA 2590 anus Tract:: 2.15 6 45473 CT 41 11/812006 10/31/200 UN HAK CHIN MMY SUSHI 132 322 120 YPRESS EFFERSON AVE DINT DR [ MECULA, CA URRIETA, 590.6607 A 92563-58 nsus Tract: 32:15 7 46272 CT 41 10/31/2 30/2008 ENFOLDS CAFE ENFOLDS 3322 NC CAFE 250 OLD TOWN RONT ST MECULA,CA 2590-1812 ensus Tract: Li l ] " " 1 32151 1 8 46677 CT 41 121712006 11/301200 OTERIA ! EUROPEAN 322 NTERPRISES CAFE 8410 OLD TOWN RONT ST MECULA, CA 2590-1818 nsus Tract: 32.15 9 7805 CT 41 125/2007 31/2008 IAZ HECTOR RANCHO 0755 322 UEL GRANDE CANITERFIELD 7911 MEXICAN R EFFERSON AVE FOOD MECULA, MECULA, CA A 92592-5878 2590 sus Tract: 32.15 4914.9 CT 41 1212007 !30/2008 HAVEZ RAFAEL COUNTRY 837S 3322 X000 OLD TOWN GARDEN BAR MAGNOLIA RONT ST GRILL VE MECULA,CA EST 2590-2811 OVINA, CA 1791-3339 nsus Trail 32.15 1 5.0285 CT 41 /27/2007 /2008 LIMA CHRISTY BANK OF 322 NE MEXICAN 1645 OLD TOWN FOOD THE RONT ST MECULA,CA 2590-1819 nsus Tract California ABC - License Query System - Data Portal Page 9 of 9 LI L__J L _J L1 L'J L~- N32-15 ~ ~ ~ I L-- 2 56319 CT 42 12412007 /31/2008 OL EDWARD EMECULA 3199 322 E WINE & BEER AMINO 8464 OLD TOWN GARDEN ARUNA RONT ST MECULA, ECULA, CA A 92592-3811 2590 nsus Tract 32.15 - - - End of Report - - - For a definition of codes, view our glossary. NOTICE OF PUBLIC HEARING G:Tlanning120071PA07-0087 Zarka Cigar LoungekPlanning\STAFF REPORT.doc 19 Notice of Public Hearing Case No: Applicant Location: Proposal: Environmental: Case Planner. Place of Hearing: Date of Hearing: Time of Hearing: A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Planning Application No. PA07-0087 and PA08-0027 Mr. Zack Abou 21280 Jefferson Avenue A Minor Conditional Use permit for Zarka Cigar Lounge, 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; and Planning Application No. PA08-0027 a finding of Public Convenience or Necessity (APN: 921-060-032). In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be issued in compliance with CEQA (Section 15301, Class 1, Existing Facilities). Katie Le Comte, Assistant Planner City of Temecula, Council Chambers 43200 Business Park Drive, Temecula, CA 92590 April 2, 2008 6:00 P.M. Any person may submit written comments to the Planning Commission before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of hearing. If you challenge the project in court, you may be limited to raising only those Issues you or someone else raised at the public hearing described In this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. The proposed project application may be viewed at the Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 8:00 a.m_ until 5:00 p.m. Questions concerning the project may be addressed to the case planner at the City of Temecula Planning Department, (951) 694-0400. l Project Site t o arr ao GAI'lanninsUC APA07-M Zu1m Cigar LomgemmmngwoPH-Pcdoc NOTICE OF PUBLIC HEARING Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No: PA09-0132 Applicant: Zaher, Abou Proposal: A Minor Modification to an existing Minor Conditional Use Permit (PA07-0087) to upgrade a Type-42 license to a Type-57 license to allow for the consumption of beer, wine, and distilled spirits to members and guests on the premises and to allow for the sale of beer and wine to members and guests for consumption off the premises located at 28120 Jefferson Avenue Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be issued in compliance with CEQA (insert Section 15301, Class 1, Type Existing Facilities Case Planner: Eric Jones, (951) 506-5115 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: August 5, 2009 Time of Hearing: 6:00 p.m. J PA09-0132 I Any person may submit written comments to the Planning Commission before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of the hearing. Any petition for judicial review of a decision of the Planning Commission is controlled by the statute of limitations provisions set forth in Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission, shall be limited to those issues raised at the hearing as provided in Chapter 2.36 of the Temecula Municipal Code. Copies of the procedures for the conduct of City Council, Planning Commission, and Planning Director public hearings are available from the City Clerk. If you wish to challenge the above [project] in court, the challenge will be limited to only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice, and must be commenced within the time limit specified in Section 1094.5 and Section 1094.6 of the California Code of Civil Procedure. The proposed project application may be viewed at the City of Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner at (951) 506-5115. ITEM 5 STAFF REPORT- PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: August 5, 2009 PREPARED BY: Dana Schuma, Case Planner APPLICANT NAME: Rubaux Steyn PROJECT Planning Application Numbers PA09-0170 and PA09-0226, a SUMMARY: Conditional Use Permit and an associated Finding of Public Convenience or Necessity to authorize The Wine Collective to sell wine for consumption on or off site (Type42 ABC license) in the existing building located at 28544 Old Town Front Street CEQA: Categorically Exempt Section 15301, Class 1 Existing Facilities RECOMMENDATION: Approve with Conditions BACKGROUND SUMMARY On July 10, 2009, Rubaux Steyn submitted Planning Application No. PA09-0226 requesting that the City of Temecula Planning Commission make a Finding of Public Convenience or Necessity for The Wine Collective to sell wine for consumption on or off site, in conjunction with Planning Application No. PA09-0170 a Conditional Use Permit for a Type-42 ABC license to be issued in the Old Town Specific Plan (SP-5) zoning district addressed as 28544 Old Town Front Street. The proposed business, The Wine Collective, will occupy a 3,358 square foot suite in an existing commercial building located in Old Town. Proposed hours of operation will be seven days a week from 10 a.m. to 12 p.m. A detailed Statement of Operations and Letter of Justification have been attached. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS Per the City's Development Code, wine tasting shops are permitted in the Tourist Retail Core (TRC) area of the Old Town Specific Plan zoning district. However, wine tasting facilities not affiliated with a winery are considered a wine bar and must obtain a Type-42 ABC license. Wine bars operating with a Type-42 ABC license may offer the sale of beer and wine for consumption on or off the premises and are not exclusively limited to wine tasting, but may also sell beer and wine by the glass. Because these facilities are not limited to wine tasting only, they are required to obtain a Conditional Use Permit through the City of Temecula Planning Department. The Section 17.10.20B of the Development Code requires that the alcohol selling business be at least 500 feet away from sensitive uses (schools, parks, religious institution); however, this requirement shall not apply when the alcohol-selling business and the church, school or park are both located within commercial or industrial zones. There are not any existing religious facilities, schools, or parks within 500 feet of the proposed location for The Wine Collective. The California Department of Alcohol Beverage Control (ABC) considers the Census Tract in which the project site is located to be "over-concentrated" in both on-sale and off-sale licenses. For this reason, Public Convenience or Necessity findings are required. In order for the Finding of Public Convenience or Necessity to be made, the proposed use must be compatible with the surrounding land uses and not result in an excessive number of similar establishments in close proximity. Staff has determined that the consumption and sale of wine at this location is a compatible and consistent land use when compared to the other commercial retail type businesses in the surrounding area. As provided by the State of California Department of Alcohol and Beverage Control, the Census Tract is considered over-concentrated when there are more than three existing licenses. Currently, there are 57 active licenses for on-site consumption within Census Tract 0432.15. Of the 57 active licenses, there are four Type-42 licenses within the Census Tract. These businesses are dispersed throughout the Census Tract. Currently, the following businesses have a Type-42 license: The Wine and Beer Garden, Stellar Cellar, Temecula Valley Cheese Company, and Zarka Cigar Lounge. The new license for The Wine Collective would not result in an excessive number of similar establishments within the Census Tract. Another license would result in added convenience for patrons within the Old Town area. The Wine Collective will be a full service wine bar offering a full variety of wines. Operations will include wine tastings, wine retail, wine merchandise, and conducting small private functions. The proposed use does not jeopardize or adversely affect the character of the area and would provide for, and allow the wine bar to be competitive with other establishments serving wine in the Old Town area. The Police Department reviewed the proposal and approves the project subject to conditions prohibiting the sale of alcohol between the hours of 2 a.m. and 6 a.m. (PD-5). LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on July 25, 2009 and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION 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). The request for a Minor Conditional Use Permit and Finding of Public Convenience or Necessity for a Type-42 ABC license at the proposed site will be conducted within an existing building in a developed retail commercial area. All access and public utilities are available to the site. The proposed use with issuance of a CUP is in conformance with all zoning requirements of the Development Code, the Old Town Specific Plan, and the General Plan. FINDINGS Conditional Use Permit (Development Code Section 17.04.010E) The proposed conditional use is consistent with the General Plan and the Development Code The proposed wine bar is a conditionally permitted use in the Old Town Specific Plan (SP-5) zoning district. The proposed use is consistent with the City of Temecula General Plan which specifies that the Community Commercial (CC) designation includes retail, professional office, and service oriented business activities serving the entire community. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of use proposed. The use, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the Department of Alcoholic Beverage Control (ABC), California Environmental Quality Act (CEQA), and fire and building codes. 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. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures. The wine bar is proposed in an existing building within a well developed retail commercial area. The proposed conditional use will provide additional convenience for the community, and allow the business to be competitive with other establishments in the Old Town area. The conditional use has also been reviewed by the City of Temecula Fire, Building and Safety, Public Works and Police Department to ensure the sale of alcohol will operate safely and not affect any adjacent uses, buildings or structures. 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 the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The site for the conditional use is adequate in size and shape to accommodate the yards, walls, fences, loading facilities, buffer areas, landscaping and other development features described in the City of Temecula Development Code as well as other governing regulations. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The proposed project is consistent with the requirements outlined in the Old Town Specific Plan (SP-5) and Chapter 17.04.010 and 17.10.20E of the City of Temecula's Development Code. The requirements for the proposed conditional use are intended to protect the health and safety of those in and around the site. The City of Temecula Planning, Fire, Building and Safety, Public Works and Police Departments have reviewed this Conditional Use Permit and determined that it will not be detrimental to the health, safety and welfare of the community as conditioned. In addition, the Riverside County Department of Environmental Health has also reviewed and conditioned the project. That the decision to conditionally approve the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission. The decision to conditionally approve the application has been based on substantial evidence in view of the record as a whole. Public Convenience or Necessity (Development Code Section 17.10.020.6.5) Is the proposed use consistent with the General Plan and the Development Code? The proposed wine bar is a conditionally permitted use in the Tourist Retail Core (TRC) area of the Old Town Specific Plan (SP-5) zoning district The proposed use is consistent with the City of Temecula General Plan which specifies that the Community Commercial (CC) designation includes retail, professional office, and service oriented business activities serving the entire community. The site is properly planned and zoned, and as conditioned, is physically suitable for the use type proposed. The use, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the Department of Alcoholic Beverage Control (ABC), California Environmental Quality Act (CEQA), and fire and building codes. Is the proposed use compatible with the nature, condition and character of the adjacent land uses? The wine bar is proposed in an existing commercial retail building within the Old Town Specific Plan (SP-5) zoning district. This building and the surrounding area includes other retail businesses; the on-site consumption of wine and off-site retail sales at this location is compatible with the nature, condition and character of adjacent land uses. Will the proposed use have an adverse affect on adjacent land uses? It is not anticipated that the proposed use will have an adverse affect on adjacent land uses, as all of the adjacent land uses are primarily commercial retail and restaurant type uses, and the proposed project is anticipated to add to the convenience and diversity of uses located within Old Town. Would the proposed use result in an excessive number of similar establishments in close proximity? With regard to the over concentration of existing licenses in the Census Tract, three licenses are allowed before Census Tract 0432.15 is considered to be over-concentrated by ABC's standards. The 57 active on-sale licenses are currently dispersed throughout the tract; therefore, the new license in the Census Tract would not result in an excessive number of similar establishments in close proximity. ATTACHMENTS Aerial Map 500-Foot Sensitive Buffer Map Plan Reductions PC Resolution Exhibit A - Draft Conditions of Approval Statement of Operations Statement of Justification Notice of Public Hearing AERIAL MAP 0 125 250 500 N Feel This map was made by the City of Temecula Geograpt Information System. The map is derived from base data produced by the Riverside County Assessors Department and the Transportation and Land Management Agency of Riverside County. The City of Temecula assumes no warranty or legal respaosibility for the lnformaton contained on this map. Data and mfamation represented on this map are subject to update and modification The Geographic Information System and other sources should he mooned for the most current imormatim This map is not for reprint or resale. 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PA09-0170 AND PA09-0226, A CONDITIONAL USE PERMIT AND AN ASSOCIATED FINDING OF PUBLIC CONVENIENCE OR NECESSITY TO AUTHORIZE THE WINE COLLECTIVE TO SELL WINE FOR CONSUMPTION ON OR OFF SITE (TYPE-42 ABC LICENSE) IN THE EXISTING BUILDING LOCATED AT 28544 OLD TOWN FRONT STREET (APN 922-033-009) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On May 6, 2009, Rubaux Steyn filed Planning Application No. PA09-0170, Conditional Use Permit Application, and on July 10, 2009, filed Planning Application PA09-0226, Finding of Public Convenience or Necessity 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 August 5, 2009, 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 Nos. PA09-0170 and PA09-0226 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: Conditional Use Permit (Development Code Section 17.04.010E) 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; The proposed wine bar is a conditionally permitted use in the Old Town Specific Plan (SP-5) zoning district. The proposed use is consistent with the City of Temecula General Plan which specifies that the Community Commercial (CC) designation includes retail, professional office, and service oriented business activities serving the entire community. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of use proposed. The use, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the Department of Alcoholic Beverage Control (ABC), Califomia Environmental Quality Act (CEQA), and fire and building codes. 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; The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures. The wine bar is proposed in an existing building within a well developed retail commercial area. The proposed conditional use will provide additional convenience for the community, and allow the business to be competitive with other establishments in the Old Town area. The conditional use has also been reviewed by the City of Temecula Fire, Building and Safety, Public Works and Police Department to ensure the sale of alcohol will operate safely and not affect any adjacent uses, buildings or structures. 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 the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The site for the conditional use is adequate in size and shape to accommodate the yards, walls, fences, loading facilities, buffer areas, landscaping and other development features described in the City of Temecula Development Code as well as other governing regulations. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The proposed project is consistent with the requirements outlined in the Old Town Specific Plan (SP-5) and Chapter 17.04.010 and 17.10.20B of the City of Temecula's Development Code. The requirements for the proposed conditional use are intended to protect the health and safety of those in and around the site. The City of Temecula Planning, Fire, Building and Safety, Public Works and Police Departments have reviewed this Conditional Use Permit and determined that it will not be detrimental to the health, safety and welfare of the community as conditioned. In addition, the Riverside County Department of Environmental Health has also reviewed and conditioned the project. E. That the decision to conditionally approve the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission; The decision to conditionally approve the application has been based on substantial evidence in view of the record as a whole. Findings of Public Convenience or Necessity (Development Code Section 17.10.020.B.5) F. Is the proposed use consistent with the General Plan and the Development Code; The proposed wine bar is a conditionally permitted use in the Tourist Retail Core (TRC) area of the Old Town Specific Plan (SP-5) zoning district. The proposed use is consistent with the City of Temecula General Plan which specifies that the Community Commercial (CC) designation includes retail, professional office, and service oriented business activities serving the entire community. The site is properly planned and zoned, and as conditioned, is physically suitable for the use type proposed. The use, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the Department of Alcoholic Beverage Control (ABC), California Environmental Quality Act (CEQA), and fire and building codes. G. Is the proposed use compatible with the nature, condition and character of the adjacent land uses; The wine bar is proposed in an existing commercial retail building within the Old Town Specific Plan (SP-5) zoning district. This building and the surrounding area includes other retail businesses, the on-site consumption of wine and off-site retail sales at this location is compatible with the nature, condition and character of adjacent land uses. H. Will the proposed use have an adverse affect on adjacent land uses; It is not anticipated that the proposed use will have an adverse affect on adjacent land uses, as all of the adjacent land uses are primarily commercial retail and restaurant type uses, and the proposed project is anticipated to add to the convenience and diversity of uses located within Old Town. 1. Would the proposed use result in an excessive number of similar establishments in close proximity; With regard to the over concentration of existing licenses in the Census Tract, three licenses are allowed before Census Tract 0432.15 is considered to be over-concentrated by ABC's standards. The 57 active on-sale licenses are currently dispersed throughout the tract, therefore, the new license in the Census Tract would not result in an excessive number of similar establishments in close proximity. J. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit Application: 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); 1. The request for a Minor Conditional Use Permit and Finding of Public Convenience or Necessity for a Type-42 ABC license at the proposed site will be conducted within an existing building in a developed retail commercial area. All access and public utilities are available to the site. The proposed use with issuance of a CUP is in conformance with all zoning requirements of the Development Code, the Old Town Specific Plan, and the General Plan. Section 3. Conditions. The Planning Commission of the City of Temecula approves Planning Application Nos. PA09-0170 and PA09-0226, a Conditional Use Permit and an associated Finding of Public. Convenience or Necessity for The Wine Collective to operate a wine bar with a Type-42 ABC license, located at 28544 Old Town Front Street, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of August 2009. Stanley Harter, Chairman ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 09- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of August 2009, by the following vote: AYES: PLANNING COMMISSIONERS: None NOES: PLANNING COMMISSIONERS: None ABSENT: PLANNING COMMISSIONERS: None ABSTAIN: PLANNING COMMISSIONERS: None Patrick Richardson, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA09-0170 and PA09-0226 Project Description: A Conditional Use Permit and an associated Finding of Public Convenience or Necessity to authorize The Wine Collective to sell wine for consumption on or off site (Type-42 ABC license) in the existing building located at 28544 Old Town Front Street Assessor's Parcel No.: 922-033-009 MSHCP Category: N/A DIF Category: N/A TUMF Category: N/A Approval Date: August 5, 2009 Expiration Date: August 5, 2011 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL-1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-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/ developer has 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)). General Requirements PL-2. 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. City shall promptly notify both the applicant and landowner of 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. PL-3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-4. 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. PL-5. The Planning Director may, upon an application being filed within 30 days prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. PL-6. A separate building permit shall be required for all signage. PL-7. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staffs prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. PL-8. The applicant shall comply with their Statement of Operations dated February 5, 2009, on file with the Planning Department, unless superseded by these Conditions of Approval. PL-9. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the Citys Development Code. PL-10. The City, 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 business, a change in scope, emphasis, size of 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, 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. PLA 1. 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. PL-12. 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 (951-676-5090). Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL-13. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning (951) 696-3000." PL-14. In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least three square feet in size. PL-15. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. OUTSIDE AGENCIES PL-16. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated May 20, 2009, a copy of which is attached. COMMUNITY SERVICES DEPARTMENT General Conditions/Information CS-1. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. Prior to Issuance of Building Permits CS-2. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. POLICE DEPARTMENT General Requirements PD-1. Applicant has applied for a Type-42 License (On-Sale Beer & Wine - Bar, Tavern). A Type-42 license authorizes the sale of beer, wine for consumption on or off the premises where sold. Food Service is not required. PD-2. Applicant will complywith Ordinance 97-07,0.14.010 Temecula Municipal Code series, Consumption of Alcoholic Beverages in Public Prohibited. PD-3. Identification will be verified utilizing one of the following: (a) valid California driver's license; (b) valid California identification card; (c) valid military identification card (active/reserve/retired/dependent); (d) valid driver's license from any of the 50 States or Territories of the United States; (e) valid U.S. Passport; (f) valid government issued identification card issued by a Federal, State, and County or City agency. PD-4. 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 Section 25660 of the Business and Profession Code (B&P), which includes the following requirements: (a) name of person; (b) date of birth; (c) physical description; (d) photograph; (e) currently valid (not expired). PD-5. 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 Code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00 a.m. Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter that the law. Those licenses are marked "Conditional" (23805 B&P). PD-6. 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). PD-7. 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 setup a training session for all new employees working at The Wine on a Dime. Contact the Crime Prevention and Plans Officer at (951) 506-6793 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. PD-8. 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. COL.+TY OF RIVERSIDE • COMML.4TY HEALTH AGENCY DEPARTMENT OF ENVIRONMENTAL HEALTH City of Temecula Planning Department c% Dana Schuma PO BOX 9033 Temecula, CA 92589-9033 14 May 2009 RE: PA09-0170 The Department of Environmental Health (DEH) has received and reviewed the PA09- 0170 for the Minor Conditional Use Permit to allow for a wine bar with wine tasting and retail (Type 42 ABC license) located at 28544 Old Town Front Street under applicant: The Wine Collective. This CUP is required per the Conditions of Approval ncludes suites 1 C and 2C. (APN 922-033-009). The food facility shall require the applicant to contact this Department at 951.461.0284 for food plan check compliance by the County of Riverside DEH. If your have any questions, please do not hesitate to call me at 951.955.8980 Sincerely, 1091 Gregor Dellenbach, REHS EHS090508 ocat Enforcement Agency • P0. Boa 1280. Riverside. CA 92502-1280 • (951) 955-8982 • FAX (951) 781-9653 • 4080 Lemon Street, 9th Floor. Riverside, CA 92501 .nd 11- -,1 W,.:e. . on P- ,on< o:.......:.I_ nxnn .n,,, ..„1., - ......1.. . - - . - - . STATEMENT OF JUSTIFICATION T E M E C U L A V A L L E Y WINERY MANAGEMENT City of Temecula Planning Department 43200 Business Park Drive Temecula, CA 92590 5~" February, 2009 Planning Department, RE: Letter of Justification - The Wine Collective (28544 Old Town Front St. Suite 101) Temecula Valley Winery Management (TVWM) is a new winery development company in Temecula and prides itself on contributing in a large way to the sustainability of the grape growing and wine producing industries locally. Our parent company Stage Ranch Farm management is one of the largest fanning companies in the Temecula region and controls over 1,350 acres of agriculture, including, Avocado, Citrus and Wine Grapes. We therefore pride ourselves on being a strong contributor to our region and want to continue doing so by developing and protecting our industry. It has long been our belief that the City of Temecula should play a bigger, more prominent role in "Wine Country" and since we've constructed our own winery and now have operated it for 6 years (Leonesse Caters), we've more intimately become aware of the need to enable the City of Temecula to share in the promotion and sustainability of our most valuable resource and greatest source of local pride, OUR WINE REGION. TVWM currently represents a collective of 12 Grape Growers, Winery Owners and Vintners of which, three are currently building new winery facilities totaling approximately $18 Million in local development. Wine Production and all of our Management Staff currently operate out of a 33,000 square foot building located on Diaz Rd. We currently farm approximately 450 acres of grapes locally, harvest and broker approximately 1,200 tons of fruit of which we process 800 tons ourselves. Sustaining Temecula Wine Country: For a typical property owner to own and manage a vineyard, they would have to spend approximately $5,450 per acre per year, as opposed to the approximate return of $4,400 per acre per year... a losing proposition. To prevent the further decline of our wine growing region and future loss of vineyard acreage grape growers were in need for a platform to produce and sell their own wine without the expense of building a multimillion dollar facility. TVWM enables grape growers to produce their own wine, gain a Type 02 Winery License and now with the support of the City of Temecula, sell in a retail environment through the "Wine Collective" Wine Tasting Room and Bar. The Wine Collective platform enables more grape growers to sell finished product and sustain grape growing in Temecula Valley. Since this is the only facility of its kind in Southern California, the City of Temecula stands to be a large supporter of an industry first for Southern California. (951) 699 8896 • 27495 Diaz Rd • Temecula, California • 92590 Please find the following answers in response to questions outlined in "Public Convenience and Necessity Application:"": • Question No.1 "Does the proposed establishment have any unique features, which are not found in other similar uses in the community (i.e. types of games, types of food, and other special services)?" Answer No.1 Yes. The Wine Collective is the only facility of its kind in Southern California. It is a sales outlet for wines produced in the local area and all wine presented in The Wine Collective are produced locally at a facility other than a traditional winery. All grapes used in the production of the wine are from the Temecula Valley appellation. • Question No.2 "Does the proposed establishment cater to an under-served population (i.e. patrons of a different socio-economic class)?" Answer No.2 No. • Question No.3 "Would the proposed mode of operation of the proposed establishment (i.e. sales in conjunction with gasoline sales, tours, etc.) be unique or differ from that of other establishments in the area?" Answer No.3 Yes. Unlike other wine bars in the region who cater to the general public who sell many brands produced outside of the Temecula area (Primarily) and who consequently do not contribute to the sustainability of Wine Country, The Wine Collective will focus all its efforts on contributing to the sustainability of the Wine Region. We will offer Eco Tours to Local Vineyards and introduce the general public to growers who are part of a winemaking program. Local businesses will be marketed within our client group to create a network of value added resources to our wine drinking public (Restaurant, Hotels, Golf Courses etc.) to create cross promotion. • Question No.4 "Are there any geographical boundaries (i.e. rivers, hillsides) or traffic barriers (i.e. freeways, major roads, major intersections) separating the proposed establishment from other establishments?" Answer No.4 No. • Question No.5 "Is the proposed establishment located in an area where there is a significant influx of population during certain seasonal periods?" Answer No.5 No. • Question No.6 "Is there a proliferation of licensed establishments within the Census Tract of the proposed establishment?" Answer No.6 Yes. (951) 699 8896 • 27495 Diaz Rd • Temecula, California • 92590 • Question No.7 "Are there any sensitive uses (i.e., schools, parks, hospitals, churches) in close proximity (500 feet) to the proposed establishment?" Answer No.7 No. • Question No.8 'Would the proposed establishment interfere with these sensitive uses?' Answer No.8 WA • Question No.9 Would the proposed establishment interfere with the quiet enjoyment of their property by the residents of the area?" Answer No.9 No. Old Town Center and its activities would primarily be conducted on the interior of the building and The Wine Collective would cater to a more reserved atmosphere. • Question No.10 "Will the proposed establishment add to law enforcement problems in the area?" Answer No.10 No. The consumption of alcohol on premise would be closely monitored by LEAD certified servers which would ensure that no drunkenness or lewd conduct be tolerated. It is vital our establishment maintain a dignified, upscale ambience/environment. Thank you, Rebaux Steyn CEO Temecula Va y inery Management V (951) 699 8896 • 27495 Diaz Rd • Temecula, California • 92590 STATEMENT OF OPERATIONS T E M E C U L A V A L L E Y WINERY MANAGEMENT City of Temecula Planning Department 43200 Business Park Drive Temecula, CA 92590 5" February, 2009 Planning Department, RE: Statement of Operations - The Wine Collective (28544 Old Town Front St. Suite 101 & 2C) We hereby request a conditional use permit for the following operation, "The Wine Collective': A Wine Bar to conduct wine tastings, wine retail, wine merchandise sales and small private functions all pertaining to the direct sale and promotion of wine product. Temecula Valley Winery Managements, 'The Wine Collective" will only conduct wine tastings as defined by the City of Temecula and ABC and will be considered a tasting room until the approval of a Minor Conditional use permit, at which point, The Wine Collectives ABC Type 42 Permit will be approved and the facilities will be used as a "wine bar". Approval of the Minor Conditional Use Permit will allow the pouring and consumption of full glasses of wine. Hours of Operation: Monday through Sunday 10:OOAM through 12:OOPM Number of Employees: Full Time One (5 x 8 hour days) Part Time Three (3 x 8 hour days) Number of required parking: 1 x Handicapped 5 x Public 2 x Employee Average Daily Peak Trips Generated: Estimated 125 Guests per day. Estimated peak of 30 guests per hour from 7:OOPM through 10:OOPM. Balance of our visitation to occur during remaining operating hours. Type of equipment or processes used: Wine Pouring to be done by service staff. Refrigerator to be used to cool wine. Description of Hazardous material: None Other Descriptions that effectively describe the proposed use: None We trust that you would find our request to have been complete and look forward to bringing Wine Country to the City of Temecula. Thank you, Rebaux Steyn CEO Zymery Temecula Val Management 51) 699 8896 • 27495 Diaz Rd • Temecula, California • 92590 NOTICE OF PUBLIC HEARING Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No: PA09-0170 and PA09-0226 Applicant: Rubaux Steyn Proposal: A Conditional Use Permit and an associated Finding of Public Convenience or Necessity to authorize The Wine Collective to sell wine for consumption on or off site (Type-42 ABC license) in the existing building located at 28544 Old Town Front Street Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be issued in compliance with CEQA (Section 15301, Class 1, Existing Facilities) Case Planner: Dana Schuma, (951) 693-3928 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: August 5, 2009 Time of Hearing: 6:00 p.m. PA09-0170 l4 t' r> tr of. D ors n sn 3w rw~ Any person may submit written comments to the Planning Commission before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of the hearing. Any petition for judicial review of a decision of the Planning Commission is controlled by the statute of limitations provisions set forth in Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission, shall be limited to those issues raised at the hearing as provided in Chapter 2.36 of the Temecula Municipal Code. Copies of the procedures for the conduct of City Council, Planning Commission, and Planning Director public hearings are available from the City Clerk. If you wish to challenge the above [project] in court, the challenge will be limited to only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice, and must be commenced within the time limit specified in Section 1094.5 and Section 1094.6 of the California Code of Civil Procedure. The proposed project application may be viewed at the City of Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner at (951) 693-3928. CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: All Planners, Support Staff FROM: Stuart Fisk, Senior Planner DATE: July 17, 2009 SUBJECT: Updated Pre-Application Procedure Following are the revised Pre-Application procedures that are consistent with the revised Pre-Application processing timelines as modified by Planning, Public Works, and TCSD: 1. The Pre-Application deadline for filing is now Friday before 5 p.m. 2. Pre-Applications filed by end of day Friday will be scheduled for Pre-DRC the second Tuesday after submittal, and the Pre-Application/DRC meeting will be held the second Thursday after submittal. Example: Filed 7-17-09, Pre- DRC 7-28-09, Pre-Application/DRC 7-30-09. 3. Pre-Applications must be entered into Permits Plus by the POD with all appropriate information at the time of filing, including project title, project description, APN, project location, and meeting date and time. The project information sheet must then be attached to the submittal and given to Stuart. 4. On Monday morning Stuart will notify Cynthia of the items that have been submitted. Cynthia will then prepare the Pre-Application/DRC agenda for Stuart's review. Once approved, Stuart will give the plans and agenda to Cynthia for distribution no later than noon on Monday. Cynthia will also distribute the plans to the designated planner for that week. Note: The Pre-aoDlications items 5. Planning Staff will discuss the Pre-Application items on the Wednesday of the same week the Pre-Application is distributed. 6. Submittal of items for Pre-DRC and DRC is now Friday for Agenda's that will be distributed on Monday.