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HomeMy WebLinkAbout14-024 PC Resolution PC RESOLUTION NO. 14-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA14-0101, A MINOR CONDITIONAL USE PERMIT TO ALLOW A HOOKAH AND CIGAR LOUNGE WITHIN AN EXISTING SHOPPING CENTER LOCATED AT 27529 JEFFERSON AVENUE AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (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 May 9, 2014, Ronald Farah filed Planning Application No. PA14-0101 Conditional Use Permit Application in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on November 5, 2014, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA14-0101 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Conditional Use Permits, Development Code Section 17.04.010.E A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; As conditioned, the project is consistent with the General Plan Land Use designation of Community Commercial and meets all of the goals and policies contained in the General Plan. Operational restrictions have been made part of the Conditions of Approval in order to ensure continued consistency with the General Plan and Development Code. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures; As conditioned, the proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. Operational restrictions have been made part of the Conditions of Approval for this project to ensure compatibility with the surrounding development. The adjacent uses, buildings and structures are all commercial and retail-type uses and no residences are located in the immediate vicinity of this conditional use. The authorization of a conditional use permit to allow for a private members only Hookah and cigar lounge is not anticipated to adversely affect the neighboring tenants as all of the uses in the shopping center are compatible with the proposed conditional use. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The site for the proposed conditional use is currently existing and is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping and other development features prescribed in the Development Code to integrate the use with other uses in the neighborhood. The shopping center in which the conditional use is located currently exists, and 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 proposed conditional use is not detrimental to the health, safety and general welfare of the community. The proposed conditional use is for a private members only hookah and cigar lounge and as conditioned is not anticipated have an adverse effect on the health, safety and welfare of the community since the lounge is not open to the general public and will cater to members only. In addition, the project has been reviewed to ensure it complies with all requirements of the Development, Building, and Fire codes. These codes contain provisions to ensure the protection of the 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 has been 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 will allow for a hookah and cigar lounge to be operated as a private Membership Club within an existing commercial center. Membership Clubs are permitted within Community Commercial zones upon the approval of a Conditional Use Permit. The applicant has proposed no modifications to the exterior of the structure or the site. The use 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. PA14-0101, a Minor Conditional Use Permit to allow a Hookah and cigar lounge within an existing shopping center located at 27529 Jefferson Avenue, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of November,11 Stanley Harter, Chairman ATTEST: Armando G. Villa, AICP Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY" OF RIVERSIDE )ss CITY OF TEMIECULA ) I, Armando G. Villa, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 14-24 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of November 2014, by the following vote: AYES: 3 PLANNING COMMISSIONERS: Guerriero, Kight, Telesio NOES: 1 PLANNING COMMISSIONERS: Turley-Trejo ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 1 PLANNING COMMISSIONERS: Harter � -(k �Vv. Armando G. Villa, AICP Secretary EXHIBIT A CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA14-0101 Project Description: A Minor Conditional Use Permit to allow a hookah and cigar lounge within an existing shopping center located at 27529 Jefferson Avenue Assessor's Parcel No.: 909-240-026 MSHCP Category: N/A (No New Square Footage/Grading) DIF Category: N/A (No New Square Footage) TUMF Category: N/A (No New Square Footage) Quimby Category: N/A (No New Square Footage) Approval Date: November 5, 2014 Expiration Date: November 5, 2016 PLANNING DIVISION Within 48 Hours of the Approval of This Project PL-1. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a cashier's 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 PL-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 with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL-3. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-4. Expiration. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By "use" is meant the beginning of substantial construction contemplated by this approval within the two year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit. PL-5. 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 3 one-year extensions of time, one year at a time. PL-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. PL-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. PL-8. Statement of Operations. The applicant shall comply with their Statement of Operations on file with the Planning Division, unless superseded by these Conditions of Approval. PL-9. Compliance with City Noise Ordinance. The project shall operate in conformance with all requirements and regulations of Chapter 9.20 (Noise) of the Temecula Municipal Code. PL-10. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PLA 1. 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. PL-12. Hookah Membership Application and Fees. A membership application shall be completed, and membership fees shall be paid prior to the permittee allowing any person to use the private hookah lounge. Non-members or non-paying members shall not be authorized to engage in hookah smoking. PL-13. Hookah Membership Age. All potential members shall provide valid picture identification showing proof of age (18 or older). PL-14. Hookah Membership Identification Verification. All identification checks to verify age will be done by the use of an electronic fraud proof identification scanner to verify that all members are at least 18 years of age or older. PL-15. One-Day Membership Not Permitted. The sale of one-day membership shall not be permitted under any circumstances, at any time. PL-16. Number of Employees. The permittee/business shall not employ more than five employees. PL-17. Compliance with State Laws and Labor Code. The permittee shall comply with all applicable state laws, including the California Labor Code. PL-18. Compliance with Riverside County Health Department Requirements. The permittee and the establishment shall be in compliance with all Riverside County Health Department requirements. PL-19. Tobacco Licenses. The permittee shall obtain, and keep up-to-date and current all appropriate tobacco licenses required by the State of California and the City of Temecula. PL-20. Employee Consent Form. The permittee shall require that all employees sign an employee consent form which indicates that the employee consents to the smoking and exposure to smoke. These consent forms shall be retained on file by the permittee/employer. PL-21. Minimum Employee Ape. All employees shall be at least 18 years of age. PL-22. Compliance with Ventilation Standards. The employer/permittee shall comply with all state ventilation standards, subject to the approval of the Building and Safety Department. Air shall be exhausted directly to the outside by an exhaust fan. This shall be verified at plan check by the Building and Safety Department. PL-23. 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. PL-24. No Smoking Signage. A sign shall be installed near the entrance/exit to the business indicating that no smoking shall occur within 25 feet outside of the establishment. (Added at the November 5, 2014 Planning Commission Hearing). BUILDING AND SAFETY DIVISION General Conditions B-1. 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. B-2. Compliance with Code. All design components shall comply with applicable provisions of the 2013 edition of the California Building, Plumbing and Mechanical Codes; 2013 California Electrical Code; California Administrative Code,2013 California Energy Codes, 2013 California Green Building Standards, California Title 24 Disabled Access Regulations, Temecula Municipal Code. B-3. Disabled 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. Path of accessibility from parking to furthest point of improvement. B-4. Obtaining Approvals and Permits. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. B-5. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. B-6. 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. B-7. Occupancy Load. Posted Occupancy load for the suite will be 99 people. B-8. Demolition Permit. 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) B-9. Plans Require Stamp of Registered Professional. Provide appropriate stamp of a registered professional with original signature on the plans. FIRE PREVENTION General Requirements F-1. 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 Building Permit(s) F-2. 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. F-3. 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. Prior to Issuance of Certificate of Occupancy F-4. 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 six-inch high letters and/or numbers on both the front and rear doors(CFC Chapter 5 and Temecula City Ordinance 15.16.020). F-5. 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). POLICE DEPARTMENT General Requirements PD-1. 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. PD-2. 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, County or City agency. PD-3. 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 Business and Profession Code, (B&P) which includes the following requirements: (a) name of person; (b) date of birth; (c) physical description; (d) photograph; (e) currently valid (not expired). PD-4. Disorderly House. Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet that: (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc; and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premise includes the parking lot (Section 25601 B&P; 316 PC). PD-5. Loitering. The applicant shall ensure no loitering occurs on or adjacent to its premises during hours of operation. PD-6. 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 his or her genitals or anus (Rule 143.3 CCR. Also violates sections 311.6 PC if conduct is "obscene," e.g. intercourse, sodomy masturbation, etc.). PD-7. Undue Number of Calls for Service. Licensees may not permit their licensed premises to be a problem for the local law enforcement agency by needing an undue number of calls for service. The licensed premise includes the parking lot (Section 24200 (a)(B&P). PD-8. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5131.