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HomeMy WebLinkAbout020117 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 [28 CFR 35.102.35.104 ADA Title II]. AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA FEBRUARY 1, 2017 — 6:00 PM Next in Order: Resolution: 17-04 CALL TO ORDER: Flag Salute: Gary Watts Roll Call: Guerriero, Telesio, Turley-Trejo, Watts and Youmans PUBLIC COMMENTS A total of 15 minutes is provided for members of the public to 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 may 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 may 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 1 Minutes RECOMMENDATION: 1.1 Approve the Action Minutes of January 18, 2017 1 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 Community Development Department application and must be accompanied by the appropriate filing fee. 2 Planning Application Numbers PA16-1578 and PA16- 1579, a Minor Modification to allow for an outdoor patio and a Minor Conditional Use Permit to allow a new location for the Zarka Cigar Lounge to operate a membership only cigar lounge with a Type 57 (Special on sale General) ABC License. The project is proposed at 41890 Enterprise Circle South, Eric Jones RECOMMENDATION: 2.1 Adopt a resolution entitled: PC RESOLUTION NO. 17- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA16-1579, A MINOR CONDITIONAL USE PERMIT TO ALLOW A MEMBERSHIP ONLY CIGAR LOUNGE WITH A TYPE 57 (SPECIAL ON SALE GENERAL) ABC LICENSE AT 41890 ENTERPRISE CIRCLE SOUTH AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 909-270-013) 2.2 Adopt a resolution entitled: PC RESOLUTION NO. 17- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA16-1578 , A MINOR MODIFICATION TO ALLOW FOR AN OUTDOOR PATIO AT 41890 ENTERPRISE CIRCLE SOUTH, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 909-270-013) REPORTS FROM COMMISSIONERS REPORTS FROM COMMISSION SUBCOMMITTEE(S) 2 DIRECTOR OF COMMUNITY DEVELOPMENT REPORT DIRECTOR OF PUBLIC WORKS REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, February 15, 2017, 6:00 PM City Council Chambers, 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The agenda packet (including staff reports) will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 PM the Friday before the Planning Commission meeting. At that time, the agenda packet may also be accessed on the City's website — TemeculaCA.gov — and will be available for public viewing at the respective meeting. Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the Commission regarding any item on the agenda, after the posting of the agenda, will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula, 8:00 AM — 5:00 PM). In addition, such material may be accessed on the City's website — TemeculaCA.gov — and will be available for public viewing at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the Community Development Department at the Temecula Civic Center, (951) 694-6400. 3 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JANUARY 18, 2017 — 6:00 PM Next in Order: Resolution: 17-03 CALL TO ORDER: Chairman Telesio (6:00 p.m.) Flag Salute: Commissioner Lanae Turley-Trejo led the flag salute. ROLL CALL: Commissioners Present: Guerriero, Telesio, Turley-Trejo, Watts, and Youmans Staff Present: Watson, Marroquin, Thomas, Fisk, Rabidou, and Jacobo PUBLIC COMMENTS There were no requests to speak. 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 1 Minutes RECOMMENDATION: 1.1 Approve the Action Minutes of January 4, 2017 APPROVED 5-0; MOTION BY COMMISSIONER YOUMANS, SECOND BY COMMISSIONER GUERRIERO; AYES VOTES FROM COMMISSIONERS GUERRIERO, TELESIO, TURLEY-TREJO, WATTS, AND YOUMANS 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 Community Development Department application and must be accompanied by the appropriate filing fee. City of Temecula Planning Commission - Regular Meeting Action Minutes Page 2 of 2 January 18, 2017 6:00 — 6:20 p.m. 2 Planning Application No. PA16-1493, a Conditional Use Permit for Pinot's Palette to operate an art studio that offers art classes, group workshops, and private events in conjunction with a full service wine and beer selection under a Type 42 (on -sale beer and wine) ABC license and PA16-1623, a Finding of Public Convenience or Necessity at 41789 Nicole Lane, Suite B6, Brandon Rabidou APPROVED 5-0; MOTION BY COMMISSIONER YOUMANS, SECOND BY COMMISSIONER WATTS; AYES VOTES FROM COMMISSIONERS GUERRIERO, TELESIO, TURLEY-TREJO, WATTS, AND YOUMANS RECOMMENDATION: 2.1 Adopt a resolution entitled: PC RESOLUTION NO. 17-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA16-1493, A CONDITIONAL USE PERMIT FOR PINOT'S PALETTE TO OPERATE AN ART STUDIO THAT OFFERS ART CLASSES, GROUP WORKSHOPS, AND PRIVATE EVENTS IN CONJUNCTION WITH A FULL SERVICE WINE AND BEER SELECTION UNDER A TYPE 42 (ON -SALE BEER AND WINE) ABC LICENSE AND PA16-1623, A FINDING OF PUBLIC CONVENIENCE OR NECESSITY, AT 41789 NICOLE LANE, SUITE B6 (APN 921-680-031), AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) REPORTS FROM COMMISSIONERS REPORTS FROM COMMISSION SUBCOMMITTEE(S) DIRECTOR OF COMMUNITY DEVELOPMENT REPORT DIRECTOR OF PUBLIC WORKS REPORT ADJOURNMENT The Planning Commission meeting was adjourned at 6:20 p.m., to the next regular meeting: Planning Commission, Wednesday, February 1, 2017, 6:00 PM City Council Chambers, 41000 Main Street, Temecula, California. John H. Telesio, Chairperson Luke Watson Planning Commission Director of Community Development 2 STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: February 1, 2017 TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Director of Community Development PREPARED BY: Eric Jones, Case Planner PROJECT Planning Application Numbers PA16-1578 and PA16- 1579, a Minor SUMMARY: Modification to allow for an outdoor patio and a Minor Conditional Use Permit to allow a new location for the Zarka Cigar Lounge to operate a membership only cigar lounge with a Type 57 (Special on sale General) ABC License. The project is proposed at 41890 Enterprise Circle South. RECOMMENDATION: Adopt Resolutions approving the project subject to Conditions of Approval CEQA: Categorically Exempt Section 15301, Class 1, Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Zacher Abou General Plan Designation: Specific Plan Implementation (SPI) Zoning Designation: Uptown Temecula Specific Plan (SP -14) Existing Conditions/ Land Use: Site: Existing Commercial Center / Wilder Hills Residential Overlay North: Winchester Road, Existing Commercial / Uptown Arts District South: Existing Commercial / Wilder Hills Residential Overlay East: Enterprise Circle West, Existing Commercial / Uptown Arts District West: Murrieta Creek, Diaz Road, Existing Commercial / Light Industrial Existinq/Proposed Min/Max Allowable or Required Lot Area: 0.92 Acres Proposed 0.22 Acres Minimum Location Total Floor Area/Ratio: N/A N/A Landscape Area/Coverage: 20% N/A Parking Required/Provided: 32 Spaces Provided N/A C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\F7192EFO-B4C5-4A5D-BA27-3CDBDAB25C49\15766.docx BACKGROUND SUMMARY The existing Zarka Cigar Lounge, located at 28120 Jefferson Avenue, Suite B202, received its original approval by the Planning Commission for a Minor Conditional Use Permit and Findings of Public Convenience or Necessity, for an Alcoholic Beverage Control (ABC) License Type 42 on April 2, 2008. On August 5, 2009, the lounge received approval by the Planning Commission for an ABC Type 57 License. This approval allowed for the consumption of beer, wine, and distilled spirits to members and guests on the premises and allowed for the sale of beer and wine to members and guests for consumption off the premises. On November 22, 2016, Zacher Abou submitted Planning Applications PA16-1578 and PA16- 1579 to relocate the existing cigar lounge. These applications consist of a Minor Modification for an outdoor patio and a Minor Conditional Use Permit to allow an existing members only cigar lounge located at 28120 Jefferson Avenue to relocate to 41890 Enterprise Circle South. Both the Minor Conditional Use Permit and Minor Modification are new applications as the cigar lounge will be in a new location within an existing two-story stand alone building. This structure is part of a larger commercial complex that contains two buildings. The cigar lounge will occupy the entire two-story structure. The new location is within the Uptown Temecula Specific Plan (UTSP) and the Wilder Hills Residential Overlay zone. Smoking lounges are conditionally permitted uses in the UTSP, but are not permitted in the Wilder Hills Residential Overlay Zone. The UTSP provides that any building or structure that was lawfully established and in compliance with all applicable ordinances and laws at the time the building or structure was established, but which, due to a subsequently enacted ordinance or law, no longer complies with regulations or standards of the zone, shall be considered a legal non -conforming building or structure. Buildings and structures that were legally established prior to the adoption of the UTSP are allowed to continue as they were, prior to the date of adoption of this specific plan, until one or more development proposal thresholds occurs. Moreover, existing legal non -conforming buildings that contain legal non- conforming land uses shall be permitted to expand their structure to be used by the existing legal non -conforming land use. The UTSP further provides that any use of land that was lawfully established and in compliance with all applicable ordinances and laws at the time the use was established; however, due to a subsequently enacted ordinance or law, no longer complies with the applicable regulations or standards of the zone in which the use is located shall be considered a legal non -conforming use. The site is an existing commercial center that was previously zoned as Service Commercial. The Service Commercial land use designation permitted tobacco retailers as a matter of right, and membership clubs were conditionally permitted uses. A members only tobacco lounge was a conditionally permitted use under the Service Commercial zone. No operational changes are proposed as part of the current project. The applicant proposes to continue to operate as a members only private smoking lounge, with an attached retail shop, and seeks to transfer its ABC Type 57 license so that it can continue to serve alcohol to its members at its new location. Staff is aware that ABC has a raised a question about whether the applicant can operate as a private smokers' lounge attached to a retail tobacco shop, and still serve alcohol to its members. Given the change in the regulatory environment since the original approvals, staff strongly encouraged the applicant in the first comment letter, dated December 22, 2016, to contact ABC and ensure their support prior to forfeiting any existing licensing or approvals associated with the existing location. The applicant requested that staff move forward with the Planning Applications. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\F7192EFO-B4C5-4A5D-BA27-3CDBDAB25C49\15766.docx Since ABC, and not the City, has jurisdiction to determine whether the applicant will be permitted to retain its Type 57 license, staff has included as a condition of approving the project that the applicant is required to obtain ABC's approval to transfer its Type 57 license to the new location (Condition No. 13) and that the applicant is required to operate in compliance with all State laws (Condition No. 14). 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 Minor Conditional Use Permit The applicant proposes to relocate their existing member only cigar lounge business. The new location will be within a stand-alone two story structure and will remain open to members only. The lounge will utilize the entire structure. The nearest building is located more than 25 feet away. 25 feet has been identified as the reasonable distance needed to make it unlikely that secondhand smoke will enter a nonsmoking area (Section 17.30.020). Staff has asked the Police Department to provide information related to calls for service for the cigar lounge. The Police Department has indicated that there have been no calls for service to the cigar lounge since the business opened in 2008. The project is located within the Uptown Arts District (UA) of the UTSP. This district contains the Wilder Hills Residential Overlay. The UA allows for private smoking lounges upon the approval of a Conditional Use Permit. Smoking is generally governed by California Labor Code Section 6404.5. Smoking is prohibited in places of employment by this section. However, retail or wholesale tobacco shops and private smoking lounges are not considered places of employment. Chapter 8.36 of the Temecula Municipal Code also contains provisions governing smoking in public places. This Code Section states that smoking is not permitted in places of employment. However, it does provide an exception for significant tobacco retailers if minors are prohibited at all times from entering the store. The cigar lounge has a retail component and minors are not permitted to enter the business. The applicant has filed a transfer request with ABC to transfer their existing Type 57 License (Special on Sale General) to the proposed location. This license will allow for the sale of beer, wine, and distilled spirits to members and guests only for consumption on the premises. It will also authorize the sale of beer and wine to members and guests for consumption off the premises. Staff has been in contact with ABC and the agency has indicated that a Public Convenience or Necessity does not need to be processed by the City of Temecula and that ABC will process the Public Convenience or Necessity. The project includes a Condition of Approval (No. 13) stating that last call indicting the termination of the sale of alcohol shall be no less than one half hour prior to closing. The Statement of Operations indicates that the lounge will operate Sunday through Thursday from 11:00 a.m. to 12:00 a.m. Therefore last call shall be at 11:30 p.m. for these days. The Statement of Operations also indicates that the lounge will operate Friday and Saturday from 11:00 a.m. to 2:00 a.m. Therefore the last call will be 1:30 a.m. for these days. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\F7192EFO-B4C5-4A5D-BA27-3CDBDAB25C49\15766.docx Minor Modification The new location proposes a 1,390 square foot outdoor patio on the corner of Winchester Road and Enterprise Circle West. This patio will incorporate the existing monument sign as part of its wall design. The portion of the patio wall constructed by the applicant will be consistent with the UTSP setback standards and will match the finish of the existing structure. The applicant proposes to allow patrons to smoke on this patio. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U -T San Diego on January 21, 2017 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 project qualifies for the Existing Facilities exemption under CEQA Section 15301, Class 1. The cigar lounge is proposed to be located in an existing commercial center. The only change to the site will be the addition of an outdoor patio. No expansion of the existing facility is proposed and no modifications will be done to the exterior of the structure. 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. The proposed project will allow for a members only cigar lounge with a Type 57 ABC license to operate at an existing structure. The General Plan refers to the Uptown Temecula Specific Plan (UTSP) for use compatibility. The project is located within the Uptown Arts (UA) district of the UTSP. Private smoking lounges are permitted in the UA upon approval of a Conditional Use Permit. Furthermore, the UTSP provides that any building or structure that was lawfully established and in compliance with all applicable ordinances and laws at the time the building or structure was established, but which, due to a subsequently enacted ordinance or law, no longer complies with regulations or standards of the zone, shall be considered a legal non -conforming building or structure. Buildings and structures that were legally established prior to the adoption of the UTSP are allowed to continue as they were, prior to the date of adoption of this specific plan, until one or more development proposal thresholds occurs. Moreover, existing legal non- conforming buildings that contain legal non -conforming land uses shall be permitted to expand their structure to be used by the existing legal non -conforming land use. The UTSP further provides that any use of land that was lawfully established and in compliance with all applicable ordinances and laws at the time the use was established; however, due to a subsequently enacted ordinance or law, no longer complies with the applicable regulations or standards of the zone in which the use is located shall be considered a legal non -conforming use. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\F7192EFO-B4C5-4A5D-BA27-3CDBDAB25C49\15766.docx The site was previously zoned as Service Commercial. The Service Commercial land use designation permitted tobacco retailers as a matter of right, and membership clubs were conditionally permitted uses. Therefore, a members' only tobacco lounge was a conditionally permitted use under the Service Commercial zone. 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 use will take place within a two story stand alone building and outdoor patio. The use exceeds the reasonable distance requirement of 25 feet as stipulated in the Development Code to protect areas that must remain nonsmoking from being impacted by second hand smoke. None of the other uses in the center are considered sensitive uses. Therefore, the use is compatible with the nature, condition and development of adjacent uses, buildings and structures. The proposed conditional use is not anticipated to adversely affect the 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 this Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The project proposes to add an outdoor patio and incorporate tenant improvements. The project site and its existing development are adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping and other features prescribed in the Development Code and required by the Planning Commission in order to integrate the use with other uses in the neighborhood. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project is conditioned to be consistent with the Building Code, Fire Code and Municipal Code, which contain provisions to ensure the health, safety and general welfare of the community. Therefore, as conditioned the project will be designed to ensure the use is not detrimental to the health, safety, and general welfare of the community. The private smoking lounge is at least 25 feet away from other uses thereby minimizing the exposure of others to second hand smoke. 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 director, planning commission, or city council on appeal. The decision to conditionally approve the conditional use is based on substantial evidence in view of the record as a whole before the Planning Commission. Modifications — Development Code Section 17.05.030.E 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. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\F7192EFO-B4C5-4A5D-BA27-3CDBDAB25C49\15766.docx The modification will allow for an outdoor patio to be constructed as part of a member only cigar lounge. The use, as conditioned, is in conformance with the General Plan for Temecula and all applicable requirements of State Law and other Ordinances of the City. As a condition of approving the project, the applicant must receive authorization from ABC to transfer its Type 57 license to the new location, and must comply with all State laws. The General Plan refers to the Uptown Temecula Specific Plan (UTSP) for use compatibility. The project is located within the Uptown Arts (UA) district of the UTSP. Private smoking lounges are permitted in the UA upon approval of a Conditional Use Permit. The UTSP provides that any building or structure that was lawfully established and in compliance with all applicable ordinances and laws at the time the building or structure was established, but which, due to a subsequently enacted ordinance or law, no longer complies with regulations or standards of the zone, shall be considered a legal non -conforming building or structure. Buildings and structures that were legally established prior to the adoption of the UTSP are allowed to continue as they were, prior to the date of adoption of this specific plan, until one or more development proposal thresholds occurs. Moreover, existing legal non -conforming buildings that contain legal non -conforming land uses shall be permitted to expand their structure to be used by the existing legal non -conforming land use. The UTSP further provides that any use of land that was lawfully established and in compliance with all applicable ordinances and laws at the time the use was established; however, due to a subsequently enacted ordinance or law, no longer complies with the applicable regulations or standards of the zone in which the use is located shall be considered a legal non -conforming use. The site is an existing commercial center that was previously zoned as Service Commercial. The Service Commercial land use designation permitted tobacco retailers as a matter of right, and membership clubs were conditionally permitted uses. A members only tobacco lounge was a conditionally permitted use under the Service Commercial zone. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The project has been evaluated against the Uptown Temecula Specific Plan, the California Building Code, and the Fire Code. These Codes contain provisions that help ensure the protection of the public health, safety, and general welfare and the project is in conformance with these codes. The private smoking lounge is also at least 25 feet away from other uses thereby minimizing the exposure of others to second-hand smoke. ATTACHMENTS Vicinity Map Plan Reductions Resolution- Conditional Use Permit Exhibit A - Draft Conditions of Approval Resolution — Minor Modification Exhibit A - Draft Conditions of Approval Statement of Operations C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\F7192EFO-B4C5-4A5D-BA27-3CDBDAB25C49\15766.docx Notice of Public Hearing C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\F7192EFO-B4C5-4A5D-BA27-3CDBDAB25C49\15766.docx City of Temecula PAI 6-1578 Project Site 4t#41I011,. 411P44€4, 414S6'''° 4 n /N NORTH 0 250 500 Feet This mop was ranee by the City of Temecule Geographic Infonnaion Syelan. Tho map is derived from base data produced by the Riverside County Psaewot1 Department nrtd the TrensporIanon and Land Monnyoment Agency of Riverside County The City of Temecula assumes no warranty or legal responsibility for the information contained on this map Data and information represented on this map are subject to update and modification The Geographic Information System and other sources should be queried for Ile most current information This map is not for reprint or resale IGr.mgraythIi Ififwmm.Ttinrl SSystmm5 • HISTCRY RECORDS. Date PROJECT INFORMATION: 'q01i`"' "`"" ","'s OUPaArvrv� sDRm LEGENDS: .,o-„ REUSED ASSESORS PARCEL NUMBER, PARCEL ID 9092)03139 �� � = �DRESSPEME.CLESliTEMULACA9m DESCRIPTION aEP�P,osAoM..IP<ETErvArvo. PI PROPOSED sErvEa,•aArvoEsIsrvA.IorvSPI NO.OESTOR�ES-z 0100 .Ita XISTING GREENBELT AREA EEXISTING PEDESTRIAN WALKWAYS ZONING ''''''''G'' DD,D o'©' CM o t / xsTNGHANDICAPPED ACCESS =1INDLISTRALOEECE TA 11141"n ANSPREPARE°9V SERVICES o.� FLOOR Toy. Gauss RDOR, OOpQ;tit EwPEDESTRIAN A�Ess EXISTING PARKING FOR HANDICAPPED ® To., 0 �. • a DIRECTION OFTRAFFIC ROW Gauss BU=TXANDCOVERAGE 0 oT rvEwOUTDOOR PATo 4% ory wzss� PARKING RAT''D /' w° i aaz 0 Z p o O 1�1 U b' M b','6 U 1�1 < a U 0 w 11 w0 i 0 ul m //� NI To. ACE=,=/'1 EO S<DMM.aa ,Sm SE ����� sSP�Es F. SPACES PROVIDED- S ADASPAOES REOD REDS WINCHESTER ROAD �, .n.sF OCCUPANCrcLASSE°A.o PROPERrvirvE µ,o aE.a, TYPE orCONSTRUCTION.Tv - ERE SPRINKLERS AND AUR ED NO EXISTING ERE SParvnER, - -- -- HEIGHT OF aul.rve 24 s : �a 13 /1,7 /4 OWNs rvroau,AT ory O Pro - eez OCCUPANCY AREA J a p aeft pW co w U I7UTIF / / U w Ec 39s02==CUPANTS w IR 08,0 osE o c, SSG WE ,IFt 11ws F F DPArv.S a a a 1 LC, — a a por Ary STO oT ESS K.. ys o. oDTDDORPAT= a;K DPArvcD ,�DCDPArv.s EXISTING BUIL STORE EXISPING EXISTING ILDING B BUILDING B J PROPERTYo DRAWING CONSENT SITE PLAN - AREAS 200SF (66 .128.314,40.192.320 q-aa,8 8) — PROVIDED FIXTURE FORWOMENS LAOATCR. 10000000 Al SITE PNz° • A BREAKDOWN OF FOOTAGE (FIRST FLOOR): LOUNGE AREA: 1348 SF RECEPTION AREA: 66 SF LEGENDS: OFFICE: 128 SF HC. LOUNGE: 56 SF HALLWAY: 335 SF EXISTING WALL TO REM.. 46' $„ STAIR: 92 SF EXISTING HC. RESTROOM: 76 SF NE0. 358 MET, STUDS @2'00. 11'5" 35'3" EXISTING HC. RESTROOM: 83 SF STORAG40 SF EXISTING ELEC ROOM: EXISTING STEL ROOM: 40 SF 1 , NE,/LO,W,/ALL CONCRETE FENCE 0 TOTAL NET: 2264 SF NEW OUTDOOR PATIO: 1390 SF ............... EXISTING PLANTERS v 11 11 > z °o 8 ZARKA CIGAR LOUNGE _ (� N 41890 ENTERPRISE CIRCLE SOUTH, TEMECULA CA 92590 J 0 NEW 0 GOD OUTDOOR COD NEW DOOR EXISTING DDDR TO REMAIN 10 PATIO 0 0 13' 9 MODIFIED. a iLpaou WOMENS TOILET OFFICE 10 10 1 z' s• BAR • f I— ..D 11'6" NEW ®� 1s's"�C 0 OUTDOOR .ro°N:E0 10 \ / O �<> EXIST. PATIO U U U 10 U 10 MODIFIED. 0 STO. � 6 MEN'S TOILET 0 0 LOUNGE 31-3" a AREA I� oo\ �O� ��UO / 40°.. NS o V8 POOL LOUNGE • R1 ;-: E; O .'0: 1 AREA 19' 9" 25-2 3 !r. O EXIST. ELEC. ROOM 0 00 ® ° a�D o _=®F mY 11 ® 1� NEW HC. �LouNCE 'ECEPTION STaIRD 7-4 ®E� Y �N DOD �A N .xunwe r«m,waF 15' 25' 4 1/8" 11'-0" 11" 9" 35' 90 0" FLOOR PLAN OFIRST • A BREAKDOWN OF FOOTAGE (SECOND FLOOR): OFFICE: 314 SF HALLWAY: 338 SF STAIR: 92 SF LEGENDS: LOUNGE: 222 SF WALK IN HUMIDOR: 740 SF STORAGE: 192 SF EXISTING WALL TO REMAIN NEV. 558 METAL STUDS 52'09. SALES: 320 SF TOILET: 565F 1 i NE,/ LO,/ CONCRETE FENCE / TOTAL NET: 2274 SF LINE OF PATIO BELO,/ ,TALL / i....:..,:..,..: EXISTING PLANTERS NEW DOOR EXISTING DOOR TO REMAIN - ~ncn5 z°o o ZARKA CIGAR LOUNGE _ (� W Z41890 ENTERPRISE CIRCLE SOUTH, TEMECULA CA 92590 185 50'7" n °"" WALK-IN HUMIDOR 20-0° O e7 0 D OFFICE M ' a E,, o\ ON 40-0„ HALLWAY SALES 12'34" T 9 21-9" 16'2" STI2GE °"""'Y' 1 LEl GE \\ Imp 'au D N H I w r- 7 4 TOILET 21'-4" 20' 1" 69' 0" FLOOR PLAN OSECOND �b o CONTINUES ON `UPLANNING SUB,111—, ''''" "./.. , 2. 9•• 37. 3•• 2. 9•• 8' 8" DETAIL 2/A4 8 EQUAL SPACES NEW EXTERIOR WNIL GLASS. TYP. 2 EQUAL SPACES NEW EXTERIOR WNIL GLASS, TVP. viANS vnrrnianI,v 2'16" Y , // 0 A % O A % % A p 0 p O O A O % A O O A O O A f , O /f A O % A O O EXISTING POST `NEW CONCRETE LOW FENCE WALL. EXISTING POST EXISTING SIGNAGE TO REMAIN TO REMAIN. MATCH EXISTING BUILDING FINISH TO REMAIN.CD PATIO FENCE ELEVATION W Oo 11 �U N 0, Ar U IF+IY U �.' Q 8 a W V ^ U 11 W F r i O U F ind O N OOUTDOOR - N 4 EQUAL SPACES (SKEWED: 20'-10 3/8") 2 9 2' 9. NEW (LINEAR: 28'-0") EXTERIOR VYNIL GLASS, TYP. 2 EQUAL SPACES 4 EQUAL SPACES NEW EXTERIOR WNIL GLASS, TYP. f H A % 0 A f A % f H A f H % 0 0 A f d f 0 A % 0 A f H f H f 2'I6" N }~ILJe�IF_d�..r.: I^ ✓��� SSI lU 1� a{rIQ 1 -W �� �o�,. 310 3-10 I - W dp-; off• 3. I 6.. \ — EXISTING SIGNAGE TO REMAIN EXISTING CONCRETE LOW EXISTING POST NEW CONCRETE LOW FENCE LVALL. EXISTING POST FENCE WALL TO REMAIN TO REMAIN. MATCH EXISTING BUILDING FINISH TO REMAIN. OUTDOOR PATIO FENCE ELEVATION OUTDOOR PATIO FENCE ELEVATIONS ,Hr. I V A4 O PC RESOLUTION NO. 17- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA16-1579, A MINOR CONDITIONAL USE PERMIT TO ALLOW A MEMBERSHIP ONLY CIGAR LOUNGE WITH A TYPE 57 (SPECIAL ON SALE GENERAL) ABC LICENSE AT 41890 ENTERPRISE CIRCLE SOUTH AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 909-270-013) 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 Nos. PA07-0087 and PA08-0027, a Minor Conditional Use Permit and Findings of Public Convenience or Necessity to operate a membership only cigar lounge (Zarka Cigar Lounge) with a Type 42 License located at 28120 Jefferson Avenue. On August 5, 2009, the Planning Commission approved Planning Application No. PA09-0132, a Minor Modification to the originally approved Type 42 license to be converted to a Type 57 License at the same cigar lounge. B. On November 22, 2016, Zacher Abou filed Planning Application No. PA16-1579, a Conditional Use Permit Application to relocate the existing Zarka Cigar Lounge 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 February 1, 2017, 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 Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA16-1579 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 17.04.010 (E) C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\B963ED3A-BCC8-40D1-AF7C-731 E3525849E\15760.docx A. The proposed conditional use is consistent with the General Plan and Development Code; The proposed project will allow for a members only cigar lounge with a Type 57 ABC license to operate at an existing structure. The General Plan refers to the Uptown Temecula Specific Plan (UTSP) for use compatibility. The project is located within the Uptown Arts (UA) district of the UTSP. Private smoking lounges are permitted in the UA upon approval of a Conditional Use Permit. Furthermore, the UTSP provides that any building or structure that was lawfully established and in compliance with all applicable ordinances and laws at the time the building or structure was established, but which, due to a subsequently enacted ordinance or law, no longer complies with regulations or standards of the zone, shall be considered a legal non -conforming building or structure. Buildings and structures that were legally established prior to the adoption of the UTSP are allowed to continue as they were, prior to the date of adoption of this specific plan, until one or more development proposal thresholds occurs. Moreover, existing legal non -conforming buildings that contain legal non -conforming land uses shall be permitted to expand their structure to be used by the existing legal non -conforming land use. The UTSP further provides that any use of land that was lawfully established and in compliance with all applicable ordinances and laws at the time the use was established; however, due to a subsequently enacted ordinance or law, no longer complies with the applicable regulations or standards of the zone in which the use is located shall be considered a legal non- conforming use. The site was previously zoned as Service Commercial. The Service Commercial land use designation permitted tobacco retailers as a matter of right, and membership clubs were conditionally permitted uses. Therefore, a members only tobacco lounge was a conditionally permitted use under the Service Commercial zone. 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 use will take place within a two story stand alone building and outdoor patio. The use exceeds the reasonable distance requirement of 25 feet as stipulated in the Development Code to protect areas that must remain nonsmoking from being impacted by second hand smoke. None of the other uses in the center are considered sensitive uses. Therefore, the use is compatible with the nature, condition and development of adjacent uses, buildings and structures. The proposed conditional use is not anticipated to adversely affect the adjacent uses, buildings, or structures. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\B963ED3A-BCC8-40D1-AF7C-731 E3525849E\15760.docx 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 project proposes to add an outdoor patio and incorporate tenant improvements. The project site and its existing development are adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping and other features prescribed in the Development Code and required by the Planning Commission in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project is conditioned to be consistent with the Building Code, Fire Code, and Municipal Code, which contain provisions to ensure the health, Safety and General Welfare of the Community. Therefore, as conditioned the project will be designed to ensure the use is not detrimental to the health, safety, and general welfare of the community. The private smoking lounge is also at least 25 feet away from other uses thereby minimizing the exposure of others to second-hand smoke. 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 director, planning commission, or city council on appeal. The decision to conditionally approve the conditional use is based on substantial evidence in view of the record as a whole before the Planning Commission. 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) The project qualifies for the Existing Facilities exemption under CEQA Section 15301, Class 1. The cigar lounge is proposed to be located in an existing commercial center. The only change to the site will be the addition of an outdoor patio. No expansion of the existing facility is proposed and no modifications will be done to the exterior of the structure. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA16 1579, a Minor Conditional Use Permit to allow C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\B963ED3A-BCC8-40D1-AF7C-731 E3525849E\15760.docx a membership only cigar lounge with a Type 57 ABC License at 41890 Enterprise Circle South, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\B963ED3A-BCC8-40D1-AF7C-731 E3525849E\15760.docx PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 1st day of February, 2017. John Telesio, Chairman ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. - was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 1st day of February, 2017, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson Secretary C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\B963ED3A-BCC8-40D1-AF7C-731 E3525849E\15760.docx EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA16-1579 Project Description: Zarka's Cigar Lounge Minor Conditional Use Permit: A Minor Conditional Use Permit to allow an existing cigar lounge with a Type 57 ABC license to be relocated to 41890 Enterprise Circle South. Related application PA16-1578 Assessor's Parcel No.: 909-270-013 MSHCP Category: N/A (No Grading or Increased Square Footage) DIF Category: N/A (No Grading or Increased Square Footage) TUMF Category: N/A (No Grading or Increased Square Footage) Quimby Category: N/A (Non -Residential Project) Approval Date: February 1, 2017 Expiration Date: February 1, 2019 PLANNING DIVISION General Requirements 1. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys 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. 2. Expiration. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. Use means 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, or use of a property in conformance with a Conditional Use Permit. 3. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant up to three extensions of time, one year at a time. 4. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 14 (Uptown Temecula Specific Plan). 5. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 6. Signage Permits. A separate building permit shall be required for all signage. 7. Water Quality and Drainage. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. 8. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 9. Statement of Operations. The applicant shall comply with their Statement of Operations submitted November 22, 2016 , on file with the Planning Division, unless a conflict exists between the Statement of Operations and these Conditions of Approval, in which case the Conditions of Approval control. 10. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 11. City Review and Modification of CUP. The City, its Director of Community Development, 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 Director of Community Development, Planning Commission and City Council is in addition to, and not in -lieu of, the right of the City, its Director of Community Development, 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. 12. Posting of Local Transportation Providers. 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 at (951) 676-5090. 13. ABC Approval. Applicant is required to obtain ABC's approval to transfer its Type 57 license to the new site located at 41890 Enterprise Circle South. 14. State Laws. Applicant is required to operate in compliance with all State laws. 15. Termination of Alcohol Sales. The last call indicating the termination of the sale of alcohol shall be no less than one half (1/2) hour prior to closing for all nights of operation. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 16. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Outside Agencies 17. Compliance with Dept. of Environmental Health. The applicant shall comply with requirements from the County of Riverside Department of Environmental Health. BUILDING AND SAFETY DIVISION General Requirements 18. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 19. Compliance with Code. All design components shall comply with applicable provisions of the 2016 edition of the California Building, Plumbing and Mechanical Codes; 2016 California Electrical Code; California Administrative Code, 2016 California Energy Codes, 2016 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. 20. ADA Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. Disabled access from the public way to the main entrance of the building. b. Van accessible parking located as close as possible to the main entry. c. Path of accessibility from parking to furthest point of improvement. d. Path of travel from public right-of-way to all public areas on site. 21. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. All exterior LED light fixtures shall be 3,000 kelvin or below. 22. Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley Unified School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 23. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 24. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Solid covers are required over new and existing trash enclosures. 25. Demolition. Demolition permits require separate approvals and permits. 26. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. 27. Protection of drains and penetration. Protection of joints and penetrations in fire resistance -rated assemblies shall not be concealed from view until inspected for all designed fire protection. Required fire seals/fire barriers in fire assemblies at fire resistant penetrations shall be installed by individuals with classification or certification covering the installation of these systems. Provide certification for the installation of each area and certification of compliance for Building Official's approval. At Plan Review Submittal 28. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work.. b. A precise grading plan to verify accessibility for persons with disabilities. Prior to Issuance of Building Permit(s) 29. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction 30. Pre -Construction Meeting. A pre -construction meeting is required with the building inspector prior to the start of the building construction. FIRE PREVENTION General Requirements 31. Fire Dept. Plan Review. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. Prior to Issuance of Grading Permit(s) 32. Access Road Widths. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5 and City Ordinance 15.16.020). Prior to Issuance of Building Permit(s) 33. Required Submittals (Fire Underground Water). The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flow standards. The underground permit is required for the sprinkler riser lateral coming in from the point of connection at the street. The plans must be submitted and approved prior to building permit being issued (CFC Chapter 33 and Chapter 5). 34. Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. This building is currently non-sprinklered and due to the change in use and occupancy it is now being required to be retrofitted with fire sprinklers. 35. Required Submittals (Fire Alarm Systems). Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. This building currently has no fire alarm system. Due to the change in use and occupancy it is now required to have a fire alarm monitoring system installed. Prior to Issuance of Certificate of Occupancy 36. Knox Box. A "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5). 37. Addressing. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial buildings shall have a minimum of 12 -inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of 6 -inch high letters and/or numbers on both the front and rear doors. (CFC Chapter 5 and City Ordinance 15.16.020). POLICE DEPARTMENT General Requirements 38. Landscape Height. The applicant shall ensure all landscaping surrounding all buildings are kept at a height of no more than three feet or below the ground floor window sills. Plants, hedges and shrubbery shall be defensible plants to deter would-be intruders from breaking into the buildings utilizing lower level windows. 39. Tree Pruning. The applicant shall ensure all trees surrounding all building rooftops be kept at a distance to deter roof accessibility by "would-be burglars." Since trees also act as a natural ladder, the branches must be pruned to have a six-foot clearance from the buildings. 40. Knox Boxes. Knox boxes with Police access are required at each gate leading into the property. "Where access to or within a structure or an area is restricted because of secured opening or where immediate access is necessary for life-saving purposes, the Temecula Police Department is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type and shall contain keys to gain necessary access. 41. Berm Height. Berms shall not exceed three feet in height. 42. Parking Lot Lighting. All parking lot lighting shall be energy saving and minimized after hours of darkness and in compliance with Title 24, Part 6, of the California Code of Regulations. 43. Exterior Door Lighting. All exterior doors shall have a vandal resistant light fixture installed above the door. The doors shall be illuminated with a minimum one -foot candle illumination at ground level, evenly dispersed. 44. Reasonable Smoking Distance Required. The applicant shall ensure that all applicable laws are observed under Section 8.36.030 and Section 8.36.040 regarding smoking restrictions to entrances and opening. 45. Exterior Building Lighting. All lighting affixed to the exterior of buildings shall be wall mounted light fixtures to provide sufficient lighting during hours of darkness. 46. Outdoor Lighting During Non -Business Hours. The applicant shall comply with the Governor's order to address the power crisis. This order became effective March 18, 2001 calling for a substantial reduction from businesses to cut usage during non -business hours. The order, in part, states, "All California retail establishments, including, but not limited to, shopping centers, auto malls and dealerships, shall substantially reduce maximum outdoor lighting capability during non -business hours except as necessary for the health and safety of the public, employees or property." Failure to comply with this order following a warning by law enforcement officials shall be punishable as a misdemeanor with a fine not to exceed $1,000 in accordance with Title 24, Part 6, of the California Code of Regulations. 47. Commercial or Institutional Grade Hardware. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. 48. Graffiti Removal. Any graffiti painted or marked upon the buildings must be removed or painted over within 24 hours of being discovered. Report all such crimes to the Temecula Police 24-hour dispatch Center at (951) 696 -HELP. 49. Alarm System. Upon completion of construction, the buildings shall have a monitored alarm system installed and monitored 24 hours a day by a designated private alarm company to notify the Temecula Police Department of any intrusion. All multi -tenant offices/suites/businesses located within a specific building shall have their own alarm system. This condition is not applicable if the business is opened 24/7. 50. Disorderly House. 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). 51. Inspections. Police officers, sheriff's 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). 52. Roof Hatches. All roof hatches shall be painted "International Orange." 53. Rooftop Addressing. The construction plans shall indicate the application of painted rooftop addressing plotted on a nine -inch grid pattern with 45 -inch tall numerals spaced nine inches apart. The numerals shall be painted with a standard nine -inch paint roller using fluorescent yellow paint applied over a contrasting background. The address shall be oriented to the street and placed as closely as possible to the edge of the building closest to the street. 54. Public Telephones. Any public telephones located on the exterior of the buildings shall be placed in a well -lit, 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 buildings. 55. ADA Parking. All disabled parking stalls on the premises shall be marked in accordance with Section 22511.8 of the California Vehicle Code. 56. Employee Training. Employee training regarding retail/credit card theft, citizens' arrest procedures, personal safety, business security, shoplifting or any other related crime prevention training procedures is also available through the Crime Prevention Unit. 57. Compliance with State Department of Alcoholic Beverage Control. Any business that serves or sells any type of alcoholic beverages will comply with all guidelines within the Business and Profession Codes and all other guidelines associated with the State Department of Alcoholic Beverage Control. 58. Inspections and Training. Contact the Temecula Police Department for inspections and training for both employees and owners. This includes special events held at business locations where alcohol will be served for a fee and the event is open to the general public. 59. Consumption of Alcoholic Beverages in Public Prohibited. The applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. 60. Employee Training for Identification Checks. The applicant shall 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 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 Office at (951) 695-2773 to set up a training date. Training should be completed prior to the grand opening of this business and periodic updated training should be conducted when new employees/management are hired. 61. Identification Verification. 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. 62. Acceptable Forms of Identification. 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 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). It is the responsibility of business owners and any person who sells or serves alcoholic beverages to be aware of current laws and regulations pertaining to alcoholic beverages. 63. Crime Prevention Through Environmental Design. Crime prevention through environmental design as developed by the National Crime Prevention Institute (NCPI) supports the concept that "the proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life." The nine primary strategies that support this concept are included as conditions below: a. Provide clear border definition of controlled space. Examples of border definition may include fences, shrubbery or signs in exterior areas. Within a building, the arrangement of furniture and color definition can serve as a means of identifying controlled space. b. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi-public to private space. c. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. d. Place safe activities in unsafe locations. Safe activities attract normal users to a location and subsequently render the location less attractive to abnormal users due to observation and possible intervention. e. Place unsafe activities in safe locations. Placing unsafe activities in areas of natural surveillance or controlled access will help overcome risk and make the users of the areas feel safer. f. Redesign the use of space to provide natural barriers. Separate activities that may conflict with each other (outdoor basketball court and children's play area, for example) by distance, natural terrain or other functions to avoid such conflict. g. Improve scheduling of space. The timing in the use of space can reduce the risk for normal users and cause abnormal users to be of greater risk of surveillance and intervention. h. Redesign space to increase the perception of natural surveillance. Abnormal users need to be award of the risk of detection and possible intervention. Windows and clear lines -of -sight serve to provide such a perception of surveillance. i. Overcome distance and isolation. This strategy may be accomplished through improved communications (portable two-way radios, for example) and design efficiencies, such as the location of restrooms in a public building. 64. Business Security Survey. Businesses desiring a business security survey of their location can contact the Crime Prevention and Plans Unit of the Temecula Police Department at (951) 695-2773. 65. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 695-2773. PC RESOLUTION NO. 17- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA16-1578 , A MINOR MODIFICATION TO ALLOW FOR AN OUTDOOR PATIO AT 41890 ENTERPRISE CIRCLE SOUTH, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 909-270-013) 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 Nos. PA07-0087 and PA08-0027, a Minor Conditional Use Permit and Findings of Public Convenience or Necessity to operate a membership only cigar lounge (Zarka Cigar Lounge) with a Type 42 License located at 28120 Jefferson Avenue. On August 5, 2009, the Planning Commission approved Planning Application No. PA09-0132, a Minor Modification to the originally approved Type 42 license to be converted to a Type 57 License at the same cigar lounge. B. On November 22, 2016, Zacher Abou filed Planning Application No. PA16-1578, a Minor Modification Application to relocate the existing Zarka Cigar Lounge 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 February 1, 2017, 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 Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA16-1578 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: Modifications, Development Code Section 17.05.030.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; C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\3A110051-7420-446A-B404-7C2337320E4B\15763.docx The modification will allow for an outdoor patio to be constructed as part of a member only cigar lounge. The use, as conditioned, is in conformance with the General Plan for Temecula and all applicable requirements of State Law and other Ordinances of the city. As a condition of approving the project, the applicant must receive approval from ABC to transfer its Type 57 license to the new location, and must comply with all State laws. The General Plan refers to the Uptown Temecula Specific Plan (UTSP) for use compatibility. The project is located within the Uptown Arts (UA) district of the UTSP. Private smoking lounges are permitted in the UA upon approval of a Conditional Use Permit. The UTSP provides that any building or structure that was lawfully established and in compliance with all applicable ordinances and laws at the time the building or structure was established, but which, due to a subsequently enacted ordinance or law, no longer complies with regulations or standards of the zone, shall be considered a legal non -conforming building or structure. Buildings and structures that were legally established prior to the adoption of the UTSP are allowed to continue as they were, prior to the date of adoption of this specific plan, until one or more development proposal thresholds occurs. Moreover, existing legal non -conforming buildings that contain legal non- conforming land uses shall be permitted to expand their structure to be used by the existing legal non -conforming land use. The UTSP further provides that any use of land that was lawfully established and in compliance with all applicable ordinances and laws at the time the use was established; however, due to a subsequently enacted ordinance or law, no longer complies with the applicable regulations or standards of the zone in which the use is located shall be considered a legal non -conforming use. The site is an existing commercial center that was previously zoned as Service Commercial. The Service Commercial land use designation permitted tobacco retailers as a matter of right, and membership clubs were conditionally permitted uses. A members only tobacco lounge was a conditionally permitted use under the Service Commercial zone. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The project has been evaluated against the Uptown Temecula Specific Plan, the California Building Code, and the Fire Code. These codes contain provisions that help ensure the protection of the public health, safety, and general welfare and the project is in conformance with these codes. The private smoking lounge is also at least 25 feet away from other uses thereby minimizing the exposure of others to second-hand smoke. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\3A110051-7420-446A-B404-7C2337320E4B\15763.docx Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Minor Modification 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) The project qualifies for the Existing Facilities exemption under CEQA Section 15301, Class 1. The cigar lounge is proposed to be located in an existing commercial center. The only change to the site will be the addition of an outdoor patio. No expansion of the existing facility is proposed and no modifications will be done to the exterior of the structure. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA PA16-1578, a Minor Modification to allow for an outdoor patio at 41890 Enterprise Circle South, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\3A110051-7420-446A-B404-7C2337320E4B\15763.docx Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 1st day of February, 2017. John Telesio, Chairman ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. - was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the day of 20 , by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson Secretary C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\3A110051-7420-446A-B404-7C2337320E4B\15763.docx EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA16-1578 Project Description: Zarka's Cigar Lounge Minor Modification: A Minor Modification to allow for an outdoor patio. The project is located on the southwest corner of Winchester Road and Enterprise Circle South at 41890 Enterprise Circle South. Assessor's Parcel No.: 909-270-013 MSHCP Category: N/A (No Grading or Increased Square Footage) DIF Category: N/A (No Grading or Increased Square Footage) TUMF Category: N/A (No Grading or Increased Square Footage) Quimby Category: N/A (Non -Residential Project) Approval Date: February 1, 2017 Expiration Date: February 1, 2019 PLANNING DIVISION General Requirements 1. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys 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. 2. Expiration. This approval shall be used within 2 years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the 2 year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit. 3. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant up to 3 extensions of time, one year at a time. 4. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 14 (Uptown Temecula). 5. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 6. Signage Permits. A separate building permit shall be required for all signage. 7. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment, walls, or other structures. 8. Water Quality and Drainage. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. 9. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 10. Covered Trash Enclosures. All trash enclosures on site shall include a solid cover and the construction plans shall include all details of the trash enclosures, including the solid cover. 11. Construction and Demolition Debris. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. 12. Property Maintenance. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities, and on-site lighting shall be maintained by the property owner or maintenance association. Prior to Issuance of Building Permit 13. Building Construction Plans for Outdoor Areas. Building Construction Plans shall include detailed outdoor areas (including but not limited to decorative furniture, hardscape, etc.) to match the style of the building subject to the approval of the Director of Community Development. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 14. Installation of Site Improvements. All site improvements, including but not limited to, parking areas and striping shall be installed. 15. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. BUILDING AND SAFETY DIVISION General Requirements 16. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 17. Compliance with Code. All design components shall comply with applicable provisions of the 2016 edition of the California Building, Plumbing and Mechanical Codes; 2016 California Electrical Code; California Administrative Code, 2016 California Energy Codes, 2016 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. 18. ADA Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. Disabled access from the public way to the main entrance of the building. c. Van accessible parking located as close as possible to the main entry. d. Path of accessibility from parking to furthest point of improvement. e. Path of travel from public right-of-way to all public areas on site. 19. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. All exterior LED light fixtures shall be 3,000 kelvin or below. 20. Street Addressing. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi -family residential projects or a recorded final map for single-family residential projects. 21. Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley Unified School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 22. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 23. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Solid covers are required over new and existing trash enclosures. 24. Demolition. Demolition permits require separate approvals and permits. 25. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. At Plan Review Submittal 26. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. b. A precise grading plan to verify accessibility for persons with disabilities. Prior to Issuance of Building Permit(s) 27. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction 28. Pre -Construction Meeting. A pre -construction meeting is required with the building inspector prior to the start of the building construction. FIRE PREVENTION General Requirements 29. Fire Requirement. Outdoor patio will be reviewed by fire when submitted to building for review. POLICE DEPARTMENT General Requirements 30. Landscape Height. The applicant shall ensure all landscaping surrounding all buildings are kept at a height of no more than three feet or below the ground floor window sills. Plants, hedges and shrubbery shall be defensible plants to deter would-be intruders from breaking into the buildings utilizing lower level windows. 31. Tree Pruning. The applicant shall ensure all trees surrounding all building rooftops be kept at a distance to deter roof accessibility by "would-be burglars." Since trees also act as a natural ladder, the branches must be pruned to have a six-foot clearance from the buildings. 32. Berm Height. Berms shall not exceed three feet in height. 33. Disorderly House. 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). 34. Parking Lot Lighting. All parking lot lighting shall be energy saving and minimized after hours of darkness and in compliance with Title 24, Part 6, of the California Code of Regulations. 35. Knox Boxes. Knox boxes with Police access are required at each gate leading into the property. "Where access to or within a structure or an area is restricted because of secured opening or where immediate access is necessary for life-saving purposes, the Temecula Police Department is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type and shall contain keys to gain necessary access. 36. Exterior Door Lighting. All exterior doors shall have a vandal resistant light fixture installed above the door. The doors shall be illuminated with a minimum one -foot candle illumination at ground level, evenly dispersed. 37. Reasonable Smoking Distance Required. The applicant shall ensure that all applicable laws are observed under Section 8.36.030 and Section 8.36.040 regarding smoking restrictions to entrances and opening. 38. Exterior Building Lighting. All lighting affixed to the exterior of buildings shall be wall mounted light fixtures to provide sufficient lighting during hours of darkness. 39. Outdoor Lighting During Non -Business Hours. The applicant shall comply with the Governor's order to address the power crisis. This order became effective March 18, 2001 calling for a substantial reduction from businesses to cut usage during non -business hours. The order, in part, states, "All California retail establishments, including, but not limited to, shopping centers, auto malls and dealerships, shall substantially reduce maximum outdoor lighting capability during non -business hours except as necessary for the health and safety of the public, employees or property." Failure to comply with this order following a warning by law enforcement officials shall be punishable as a misdemeanor with a fine not to exceed $1,000 in accordance with Title 24, Part 6, of the California Code of Regulations. 40. Commercial or Institutional Grade Hardware. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. 41. Graffiti Removal. Any graffiti painted or marked upon the buildings must be removed or painted over within 24 hours of being discovered. Report all such crimes to the Temecula Police 24-hour dispatch Center at (951) 696 -HELP. 42. Alarm System. Upon completion of construction, the buildings shall have a monitored alarm system installed and monitored 24 hours a day by a designated private alarm company to notify the Temecula Police Department of any intrusion. All multi -tenant offices/suites/businesses located within a specific building shall have their own alarm system. This condition is not applicable if the business is opened 24/7. 43. Public Telephones. Any public telephones located on the exterior of the buildings shall be placed in a well -lit, 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 buildings. 44. ADA Parking. All disabled parking stalls on the premises shall be marked in accordance with Section 22511.8 of the California Vehicle Code. 45. Employee Training. Employee training regarding retail/credit card theft, citizens' arrest procedures, personal safety, business security, shoplifting or any other related crime prevention training procedures is also available through the Crime Prevention Unit. 46. Compliance with State Department of Alcoholic Beverage Control. Any business that serves or sells any type of alcoholic beverages will comply with all guidelines within the Business and Profession Codes and all other guidelines associated with the State Department of Alcoholic Beverage Control. 47. Inspections and Training. Contact the Temecula Police Department for inspections and training for both employees and owners. This includes special events held at business locations where alcohol will be served for a fee and the event is open to the general public. 48. Consumption of Alcoholic Beverages in Public Prohibited. The applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. 49. Employee Training for Identification Checks. The applicant shall 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 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 Office at (951) 695-2773 to set up a training date. Training should be completed prior to the grand opening of this business and periodic updated training should be conducted when new employees/management are hired. 50. Identification Verification. 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. 51. Acceptable Forms of Identification. 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 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). It is the responsibility of business owners and any person who sells or serves alcoholic beverages to be aware of current laws and regulations pertaining to alcoholic beverages. 52. Crime Prevention Through Environmental Design. Crime prevention through environmental design as developed by the National Crime Prevention Institute (NCPI) supports the concept that "the proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life." The nine primary strategies that support this concept are included as conditions below: a. Provide clear border definition of controlled space. Examples of border definition may include fences, shrubbery or signs in exterior areas. Within a building, the arrangement of furniture and color definition can serve as a means of identifying controlled space. b. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi-public to private space. c. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. d. Place safe activities in unsafe locations. Safe activities attract normal users to a location and subsequently render the location less attractive to abnormal users due to observation and possible intervention. e. Place unsafe activities in safe locations. Placing unsafe activities in areas of natural surveillance or controlled access will help overcome risk and make the users of the areas feel safer. f. Redesign the use of space to provide natural barriers. Separate activities that may conflict with each other (outdoor basketball court and children's play area, for example) by distance, natural terrain or other functions to avoid such conflict. g. Improve scheduling of space. The timing in the use of space can reduce the risk for normal users and cause abnormal users to be of greater risk of surveillance and intervention. h. Redesign space to increase the perception of natural surveillance. Abnormal users need to be award of the risk of detection and possible intervention. Windows and clear lines -of -sight serve to provide such a perception of surveillance. i. Overcome distance and isolation. This strategy may be accomplished through improved communications (portable two-way radios, for example) and design efficiencies, such as the location of restrooms in a public building. 53. Business Security Survey. Businesses desiring a business security survey of their location can contact the Crime Prevention and Plans Unit of the Temecula Police Department at (951) 695-2773. 54. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 695-2773. Statement of Operations Pursuant to Section I of the City of Temecula Conditional or Temporary Use Permit Application, the following is a justification and rationale outlining the request for the Temporary Use Permit and Conditional Use Permit applications. A detailed description of the equipment proposed for the Indoor cigar lounge and bar are listed below. • Hours and days of operation: o Sunday through Thursday: 11:00 a.m. to 12:00 a.m. o Friday and Saturday: 11:00 a.m. to 2:00 a.m. • Number of employees: 4. • Proposed private security (If required): No private security is proposed. • Estimated number of people in attendance: Maximum occupancy, including employees is 49. • Total number of parking spaces eliminated for the event: None. • Indicate if food will be provided: No food service will be provided. • Indicate if alcohol will be provided: Yes, alcohol will be provided per type 57 license. • Indicate if live entertainment or loud music will be provided: No live entertainment or loud music will be provided. • Indicate all types of structures to be provided (lights, tents, signs, fences, etc.): The Conditional Use Permit will be conducted within an existing building and a new patio, located at 41890 Enterprise Circle South. • Indicate how many portable restrooms will be provided, if any: None are required per the occupancy. • Indicate if ADA (handicap) paths are existing on-site: o Handicapped access will be provided on-site from the designated handicapped parking spaces. o Access from the public way will be based on discussions/requirements of the City. Case No: Applicant: Proposal: Environmental: Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: PA 16-1578 & PA 16-1579 Zacher Abou A Minor Modification to allow for an outdoor patio and a Minor Conditional Use Permit to allow for a cigar lounge with a Type 57 ABC License. The project is located at 41890 Enterprise Circle South. 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 adopted in compliance with CEQA (Section 15301, Class 1, Existing Facility) Eric Jones, (951) 506-5115 City of Temecula, Council Chambers February 1, 2017 6:00 p.m. Project Site a t,0 The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the City's website — TemeculaCA.qov. Any Supplemental Material distributed to a majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m. In addition, such material will be made available on the City's website — TemeculaCA.qov — and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please call the Community Development Department, (951) 694-6400. X:\Planning\2016\PA16-1578 Zarka Cigar Minor Mod\Planning\Hearing\PC NOPH.docx