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HomeMy WebLinkAbout030718 PC Agenda DRAFT PLANNING COMMISSION RESOLUTION PC RESOLUTION NO. 18- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA17-1483, A MODIFICATION TO A CONDITIONAL USE PERMIT (PA14-010) MAKING A FINDING OF PUBLIC CONVENIENCE OR NECESSITY TO ALLOW FOR A TYPE 42 ABC LICENSE (ON-SALE BEER AND WINE) AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR PROPERTY LOCATED AT 27529 JEFFERSON AVENUE, (APN 909-240-026) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On November 5, 2014, the Planning Commission approved Planning Application No. PA14-010, a Conditional Use Permit to allow a hookah and cigar lounge within an existing shopping center located at 27529 Jefferson Avenue. B. On October 13, 2017, Niamh Donoghue, filed Planning Application No. PA17-1483, a Modification and Public Convenience or Necessity Application in a manner in accord with the City of Temecula General Plan and Development Code. C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Application and environmental review on March 7, 2018, 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. PA17-1483 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 A. The proposed conditional use is consistent with the general plan and the development code; As conditioned, the project is consistent with the General Plan and Development Code. The Project is also in conformance with the Uptown Temecula Specific Plan. This Specific Plan refers to the Development Code for alcohol use standards (Section 17.10.020). This section of the Development Code indicates that alcohol uses must obtain a Conditional Use Permit. 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 modification to the existing Conditional Use Permit is compatible with the nature, condition and development of adjacent uses, buildings and structures. The adjacent uses, buildings and structures all contain commercial and restaurant/retail type uses and no residences are located in the immediate vicinity of the establishment. The authorization of alcohol consumption within the existing use is not anticipated to adversely affect the neighboring tenants since all uses in the shopping center are compatible. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this development code and required by the planning commission or council in order to integrate the use with other uses in the neighborhood. The site for the conditional use is existing and is adequate in size and shape to accommodate the yards, walls, fences, parking and loading areas, buffer areas, landscaping and other development features prescribed in the Development Code to integrate the use with other uses in the neighborhood. The shopping center in which the conditional use is located currently exists. No construction or exterior site modifications are proposed as a part of this project. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The nature of the modified conditional use is not detrimental to the health, safety and general welfare of the community. The conditional use will remain for members only and is not anticipated to have an adverse effect on the health, safety and welfare of the community since the use is not open to the general public. In addition, the project has been reviewed to ensure it complies with all requirements of the Development Code and Uptown Temecula Specific Plan. These documents contain provisions to ensure protection of public health, safety, and general welfare. 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 approve, conditionally approve, or deny the application for the conditional use modification, has been based on substantial evidence in view of the record as a whole before the Planning Commission. Public Convenience or Necessity (Section 17.10.020.B.9) F. Whether or not the proposed use is consistent with the General Plan and Development Code As conditioned, the project is consistent with the General Plan and Development Code. The Project is also in conformance with the Uptown Temecula Specific Plan. This Specific Plan refers to the Development Code for alcohol use standards (Section 17.10.020). This section of the Development Code indicates that alcohol uses must obtain a Conditional Use Permit. G. Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses The proposed modification to the existing Conditional Use Permit is compatible with the nature, condition and character of adjacent land uses. The adjacent uses are all commercial and restaurant/retail type uses and no residences are located in the immediate vicinity of the project. H. Whether or not the proposed use would have an adverse effect on adjacent land uses The authorization of alcohol consumption within the existing use is not anticipated to adversely affect the neighboring land uses since all uses in the shopping center are commercial in nature and determined to be compatible. I. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity. The modification will apply to a previously approved Conditional Use Permit for a private membership club. There are no other permitted private membership clubs offering alcohol service in close proximity. Therefore, approval of the modification will not result in an excessive number of similar establishments. 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 will allow for the modification of a previously approved Conditional Use Permit for a private membership club within an existing commercial center. The modification will allow for the consumption of alcohol (beer and wine) within the club. The applicant has proposed no modifications to the exterior of the structure or site. The modification will not involve an expansion of the existing commercial center. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA17-1483, a Modification and Public Convenience or Necessity application for an existing Conditional Use Permit (PA14-0101) to allow for a Type 42 ABC license (On-sale Beer and Wine) located at 27529 Jefferson Avenue, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. PASSED, APPROVED AND ADOPTED Section 5. by the City of Temecula Planning Commission this 7th day of March, 2018. Gary Youmans, 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. 18- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 7th day of March, 2018, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL PA17-1483 Planning Application No.: Vapor Hookah Lounge MOD with PCN: A Modification and Public Project Description: Convenience or Necessity application for an existing Conditional Use Permit (PA14-0101) to allow for a Type 42 ABC license (On-sale Beer and Wine) at 27529 Jefferson Avenue 909-240-026 Assessor's Parcel No.: N/A (No New Square Footage or Grading) MSHCP Category: N/A (No New Square Footage) DIF Category: N/A (No New Square Footage) TUMF Category: N/A (No New Square Footage) Quimby Category: N/A (No New Construction) New Street In-lieu of Fee: March 7, 2018 Approval Date: March 7, 2020 Expiration Date: 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)). 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 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. 4. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to three 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 the Uptown Temecula Specific Plan. 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. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 8. Statement of Operations. The applicant shall comply with their Statement of Operations submitted December 5, 2017, 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. 9. Previous Conditions of Approval. All previous Conditions of Approval from PA14-0101 shall remain in full effect unless superseded herein. 10. Construction and Demolition Debris waste hauler for disposal of construction and demolition debris and shall provide the Planning demolition and construction debris. 11. State Laws. Applicant is required to operate in compliance with all State laws including those administered by Alcoholic Beverage Control. 12. 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. 13. Audio Equipment. Any audio equipment shall only be utilized for background music or normal volume levels for televisions. Audio equipment is not to be utilized to create a nightclub or party environment. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 14. 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 15. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building plans are reviewed and submitted to Building and Safety. 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. 16. 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, Temecula Municipal Code. 17. ADA Access. Provide details of all applicable disabled access provisions and building setbacks on the 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. Accessible path of travel from parking to furthest point of improvement. 18. Obtain Approvals and Permits. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 19. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. 20. 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. Prior to Issuance of Grading Permit(s) 21. Demolition Permits. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. Prior to Issuance of Building Permit(s) 22. Plans Require Stamp of Registered Professional. Provide appropriate stamp of a registered professional with original signature on the plans. POLICE DEPARTMENT General Requirements 23. Type 42 License. The applicant has applied for a Type 42 License (On-Sale Beer & Wine Bar, Tavern). A Type 42 license authorizes the sale of beer, wine for consumption on or off the premises where sold. No distilled spirits may be on the premises. Minors may not enter and remain except as provided in B&P Section 25663.5. Food Service is not required. 24. 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. 25. Identification Verification. Identification will be verified utilizing one of the following: (a) valid Territories of the United States; (e) valid U.S. Passport; (f) valid government issued identification card issued by a Federal, State, County or City agency. 26. 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). 27. No Alcohol Sales Between 2:00 AM and 6:00 AM. Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. Section 25631 B&P Code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00 a.m. Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of 28. Entertainment Rules. On-sale licensees who offer entertainment must abide by the following rules: (1) No licensee shall permit any person to perform acts of or acts which simulate; (a) sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law; (b) the touching, caressing or fondling on the breast, buttocks, anus or genitals; (c) the displaying of the pubic hair, anus, vulva or genitals; and (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of her or her genitals or anus (Rule 143.3 CCR. Also violates Section 311.6 PC if conduct is 29. Inspections 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). 30. 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 is trained in the proper procedures and identification checks. The Temecula Police Department provides free training for all employers and employees involved in the service and sales of alcoholic beverages. It is the responsibility of the applicant to set up a training session for all new employees. Contact the Crime Prevention and Plans Unit at (951) 506-5132 to set up a training date. Training must be completed prior to the grand opening of this business and periodic updated training when new employees/ management are hired. 31. Public Telephones. Any public telephones located on the exterior of the building should be placed in a well-- loitering. This feature is not required for public telephones installed within the interior of the building. 32. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. 33. 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. NOTICE OF PUBLIC HEARING Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: CASE NO: APPLICANT: PA17-1483Niamh Donoghue PROPOSAL: A Minor Modification and Public Convenience or Necessity application for an existing Conditional Use Permit (PA14-0101) to allow for a Type 42 ABC license (On-sale Beer and Wine) located at 27529 Jefferson Avenue RECOMMENDATION: Adopt a Resolution approving the project subject to the Conditions of Approval ENVIRONMENTAL: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15301, Class 1, Existing Facilities) CASE PLANNER: Eric Jones, (951) 506-5115 PLACE OF HEARING: 41000 Main St., Temecula, CA 92590,City of Temecula, Council Chambers DATE OF HEARING: TIME OF HEARING: March 7, 2018 6:00 p.m. The complete agenda packet (including ) will be available for viewing in the Main Reception area at any supplemental materials 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.gov and will be available for public review at the respective meeting. Any writing 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.gov – and will be available for public review at the meeting. Any petition for judicial review of a decision of the Planning Commission shall be filed within time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. Questions? Please call the Community Development Department at (951) 694-6400.