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HomeMy WebLinkAbout17-05 PC Resolution • PC RESOLUTION NO. 17-05 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; X:\Planning\2016\PA16-1578 Zarka Cigar Minor Mod\Planning\Hearing\Modification PC resolution no.docz • 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. • X:\Planning\2016\PA16-1578 Zarka Cigar Minor Mod\Planning\Hearing\Modification PC resolution no.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. • • X:\Planning\2016\PA16-1578 Zarka Cigar Minor Mod\Planning\Hearing\Modification PC resolution no.docx • Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 1 st day of February, 2017. John Telesio, Chairman ATTEST, e 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. 17-05 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 1 st day of February 2017, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Guerriero, Telesio, Turley-Trejo, Wafts, Youmans NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None uke Watson Secretary • X:\Planning\2016\PA16-1578 Zarka Cigar Minor MoMPlanning\HeanngNodification PC resolution no.docz EXHIBIT A CITY OF TEMECULA FINAL 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 Within 48 Hours of the Approval 1. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a cashiers check or money order made payable to the County Clerk in the amount of Fifty Dollars ($50.00)for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/developer has not delivered to the Planning Division the check as required above,the approval for the project granted shall be void by reason of failure of condition (Fish and Wildlife Code Section 711.4(c)). Added at 2/1/17 Planning Commission Hearing General Requirements 2. 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. 3. 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. 4. 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. 5. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 14 (Uptown Temecula). 6. 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. 7. Signage Permits. A separate building permit shall be required for all signage. 8. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment, walls, or other structures. 9. 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. 10. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 11. 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. 12. 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. 13. 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 14. 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 15. Installation of Site Improvements. All site improvements, including but not limited to, parking areas and striping shall be installed. 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. BUILDING AND SAFETY DIVISION General Requirements 17. 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. 18. 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. 19. 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. 20. 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. 21. 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. 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. At Plan Review Submittal 27. 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) 28. 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 29. 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 30. Fire Requirement. Outdoor patio will be reviewed by fire when submitted to building for review. POLICE DEPARTMENT General Requirements 31. 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. 32. 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. 33. Berm Height. Berms shall not exceed three feet in height. 34. 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). 35. 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. 36. 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. 37. 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. 38. 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. 39. 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. 40. Outdoor Lighting Durinq 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. 41. Commercial or Institutional Grade Hardware. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. 42. 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. 43. 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. 44. Public Teleohones. 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. 45. ADA Parking. All disabled parking stalls on the premises shall be marked in accordance with Section 22511.8 of the California Vehicle Code. 46. 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. 47. 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. 48. 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. 49. Consumotion 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. 50. 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. 51. 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. 52. 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. 53. Crime Prevention Through Environmental Desion. 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. 54. 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. 55. 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.