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HomeMy WebLinkAbout09-016 PC ResolutionPC RESOLUTION NO. 09-16 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) 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 200 Stanley Harter, Chairman ATTEST: Patrick Richardson, Secretary -jSEAL] STATE OF,7CALIFORNIA ) -60UlNPW& RIVERSIDE )ss CITyAFTEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 09-16 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: 5 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Kight, Telesio NOES: 0 PLANNING COMMISSIONERS: ABSENT: 0 PLANNING COMMISSIONERS: ABSTAIN: 0 PLANNING COMMISSIONERS: None None None 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 comply with 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. Applicantwill complywith 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 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-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 (bythe 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 setup 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).