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HomeMy Public PortalAboutPC Agenda Packet 09.13.2023 PLANNING COMMISSION REGULAR MEETING AGENDA Wednesday, September 13, 2023 6:00 p.m. 550 E. Sixth Street, Beaumont, CA Materials related to an item on this agenda submitted to the Commission after distribution of the agenda packets are available for public inspection in the City Clerk’s office at 550 E. 6th Street during normal business hours. MEETING PARTICIPATION NOTICE This meeting will will be recorded for live streaming as well as open to public attendance. Please use the following link during the meeting for live stream access: beaumontca.gov/livestream Public comments will be accepted using the following options. 1. Written comments will be accepted via email and will be read aloud during the corresponding item of the meeting. Public comments shall not exceed three (3) minutes unless otherwise authorized by the Commission. Comments can be submitted anytime prior to the meeting as well as during the meeting up until the end of the corresponding item. Please submit your comments to: nicolew@beaumontca.gov with "Public Comment" in the subject line. 2. Phone-in comments will be accepted by joining a conference line prior to the corresponding item of the meeting. Public comments shall not exceed three (3) minutes unless otherwise authorized by the Commission. Please use the following phone number to join the call (951) 922 - 4845. 3. In-person comments are accepted by notifying the City Clerk using a provided Request to Speak Form prior to the start of the Public Comment Period. Public comments shall not exceed three (3) minutes unless otherwise authorized by the Commission. In compliance with the American Disabilities Act, if you require special assistance to participate in this meeting, please contact the City Clerk's office using the above email or call (951) 572 - 3196. Notification 48 hours prior to a meeting will ensure the best reasonable accommodation arrangements. Pages Regular Session A.CALL TO ORDER Chairman Nathan Smith, Vice Chair Anthony Colindres, Commissioner Patrick Stephens, Commissioner Robert Tinker, Commissioner Steven Cooley Request of Any Excused Absence Pledge of Allegiance Adjustments to Agenda Conflict of Interest Disclosure B.PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA): Any one person may address the Committee on any matter not on this agenda. If you wish to speak, please fill out a “Public Comment Form” provided at the back table and give it to the Committee Chair or Secretary. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. State Law prohibits the Committee from discussing or taking actions brought up by your comments. C.ACTION ITEMS / PUBLIC HEARINGS / REQUESTS Approval of all Ordinances and Resolutions to be read by title only. C.1 Approval of Minutes 4 Recommended Action: Approve Minutes dated August 23, 2023. C.2 Public Hearing to Amend the General Plan Land Use Map and Sphere of Influence to adjust the City Boundary between the Cities of Beaumont and Calimesa and Adopt a Resolution Authorizing Riverside County LAFCO Proceedings 8 Expansion of the City’s Sphere of Influence, General Plan Land Use Map Amendment and authorization to proceed with LAFCO proceedings to facilitate a boundary adjustment between the cities of Beaumont and Calimesa. Recommended Action: Forward a recommendation of approval of the expansion of the City’s Sphere of Influence and amendment to the General Plan Land Use Map as shown in Attachment C; and Forward a recommendation to authorize LAFCO proceedings. C.3 Conditional Use Permit CUP2023-0071 for Refuge Cigar Lounge located at 688 Beaumont Avenue (APN: 418-074-001) 32 A request to operate a cigar lounge/tobacconist’s store within a suite of an existing multiple tenant building located at 688 Beaumont Avenue. Recommended Action: Hold a public hearing; and, Page 2 of 69 Approve Conditional Use Permit CUP2023-0071, subject to the attached Conditions of Approval. Direct staff to prepare a Notice of Exemption for the applicant to file with the Riverside County Clerk Recorder. C.4 Conditional Use Permit No. CUP2023-0072 for LAB Batting Cages located at 252 W. Fourth Street, Unit G (APN:417-100-027) 69 A request to operate a batting cage and performance training facility within an existing building located at 252 W. Fourth Street, Unit G in the Manufacturing zone. Recommended Action: Continue CUP2023-0072 to the September 27, 2023, Planning Commission meeting, without discussion. D.PLANNING MANAGER COMMENTS E.ADJOURNMENT The next regular meeting of the Beaumont Planning Commission is scheduled for Wednesday, October 11, 2023, at 6:00 p.m., unless otherwise posted Online www.BeaumontCa.gov Page 3 of 69 1 PLANNING COMMISSION REGULAR MEETING MINUTES August 23, 2023 6:00 p.m. 550 E. Sixth Street, Beaumont, CA Materials related to an item on this agenda submitted to the Planning Commission after distribution of the agenda packets are available for public inspection in the City Clerk’s office at 550 E. 6th Street during normal business hours _____________________________________________________________________ Regular Session A. CALL TO ORDER at 6:05 p.m. Present: Chairman Nathan Smith, Commissioner Patrick Stephens, Commissioner Robert Tinker Absent: Commissioner Steven Cooley, Vice Chair Anthony Colindres Request of Any Excused Absence: Cooley Pledge of Allegiance Adjustments to Agenda: None Conflict of Interest Disclosure: None B. PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA): No comments. C. ACTION ITEMS / PUBLIC HEARINGS / REQUESTS Approval of all Ordinances and Resolutions to be read by title only. C.1 Approval of Minutes Page 4 of 69 2 Motion by Commissioner Tinker Second by Vice Chair Stephens Approve Minutes dated July 26, 2023. Approved C.2 Code Amendment to Chapter 17.08 “Nonconforming Uses” of the Beaumont Municipal Code Public hearing and consideration of proposed amendments to Nonconforming Uses Chapter 17.08 of the Beaumont Municipal Code. Public Hearing opened at 6:14 p.m. No comments Public Hearing closed at 6:14 p.m. Motion by Vice Chair Stephens Second by Commissioner Tinker To f orward a recommendation of approval to the City Council to Amend Chapter 17.08 “Nonconforming Uses” to Beaumont Municipal Code. Approved C.3 A Proposed Ordinance Temporarily Terminating Off-Street Parking Requirements for Existing Non-residential Structures in the Downtown District a as identified in the Downtown Districts Map A request by the Planning and Economic Development Departments to establish an ordinance temporarily terminating off-street parking requirements for existing, non-residential structures in the Downtown District as defined by the Downtown Districts map boundaries. The proposed ordinance would be in effect for a period not to exceed eighteen (18) months. Motion by Commissioner Tinker Second by Vice Chair Stephens To f orward a recommendation of approval of a proposed ordinance temporarily terminating off-street parking requirements for existing non-residential structures in the downtown district a as identified in the Downtown Districts Map for a period not to exceed eighteen (18) months. Approved Page 5 of 69 3 C.4 Conditional Use Permit No. CUP2023-0073 for Enlighten Dogs Training Center located at 522 California Avenue (APN: 418-091-007 and 418-091- 022) A request to operate a dog training, daycare and boarding facility within an existing building located at 522 California Avenue in the Downtown Mixed Use zone. Public Hearing opened at 6:33 p.m. No comments Public Hearing closed at 6:45 p.m. Motion by Vice Chair Stephens Second by Commissioner Tinker To approve conditional Use Permit CUP2023-0073, subject to the attached Conditions of Approval, including the additional condition of: The dog daycare component of the operation will serve 10-15 dogs. Dog training during the week is limited to three (3) one (1) hour classes with a maximum of eight (8) students, with one-on-one training on Saturdays by appointment only. Dog boarding is limited to a maximum of 30 dogs, and Direct staff to prepare a Notice of Exemption for the applicant to file with the Riverside County Clerk Recorder. Approved C.5 Code Amendment to Several Sections within Chapter 17 of the Beaumont Municipal Code to Establish Objective Design Standards Presentation of the Public Hearing Draft of the Objective Design Standards and Ordinance Amendment to modify amend Chapter 17.03.060 “Residential, Single-Family Zone”, Chapter 17.06.065 “Residential, Traditional Neighborhood”, Chapter 17.09.040 “Downtown Mixed Use Zone”, Chapter 17.19.060 “Sixth Street Mixed Use Zone”, and Chapter 17.19.070 “Sixth Street Mixed Use Residential Zone” to establish Objective Design Standards in the Beaumont Municipal Code. Public Hearing opened at 7:05 p.m. No comments Public Hearing closed at 7:05 p.m. Motion by Vice Chair Stephens Second by Commissioner Tinker Page 6 of 69 4 To f orward a recommendation of approval to the City Council to adopt the Hearing Draft of the Objective Design Standards; and Forward a recommendation of approval to the City Council to amend Chapter 17.03.060 “Residential, Single-Family Zone”, Chapter 17.06.065 “Residential, Traditional Neighborhood”, Chapter 17.09.040 “Downtown Mixed Use Zone”, Chapter 17.19.060 “Sixth Street Mixed Use Zone”, and Chapter 17.19.070 “Sixth Street Mixed Use Residential Zone” to establish Objective Design Standards in the Beaumont Municipal Code. Approved D. PLANNING MANAGER COMMENTS Report out from recent City Council Meetings, and items upcoming for City Council review. Announced the soft-launch of a new Economic Development website. Update of upcoming Planning Commission items. Announcement of upcoming event of Gov in the Park, August 26th, 9-11am. E. ADJOURNMENT at 7:16 p.m. The next regular meeting of the Beaumont Planning Commission is scheduled for Wednesday, September 13, 2023, at 6:00 p.m., unless otherwise posted Online www.BeaumontCa.gov Page 7 of 69 Staff Report TO: Planning Commissioners FROM: Christina Taylor, Deputy City Manager DATE September 13, 2023 SUBJECT: APPLICANT: Public Hearing to Amend the General Plan Land Use Map and Sphere of Influence to adjust the City Boundary between the Cities of Beaumont and Calimesa and Adopt a Resolution Authorizing Riverside County LAFCO Proceedings City of Beaumont Description Expansion of the City’s Sphere of Influence, General Plan Land Use Map Amendment and authorization to proceed with LAFCO proceedings to facilitate a boundary adjustment between the cities of Beaumont and Calimesa. Background and Analysis: The purpose and intent of this request is to expand the City’s Sphere of Influence to be coterminous with the proposed adjusted City boundary line between Beaumont and Calimesa along Champions Drive from Desert Lawn Drive to approximately 3 ,200 feet to the west. The area to be annexed is the northerly half-street right of way of Champions Drive, a portion of Desert Lawn Drive and Parcel B totaling approximately 4.6 acres. Upon the completion of the annexation, the City of Beaumont boundary will be moved northerly along Champions Drive approximately 50 feet, encompass Parcel B and extend Desert Lawn Drive approximately 100 feet to the existing CalTrans Right-of-Way (Attachment C). The cities of Beaumont and Calimesa along with TriPointeHomes have been working together to adjust the boundary between the two cities to properly delineate service and maintenance areas along Champions Drive and Desert Lawn Drive. In 2003, the area known as Fairway Canyon was annexed into the City of Beaumont. At this time, the vesting map had already been approved and the developer was in the process of creating the underlying maps for construction of homes. When the area along Champions Drive just west of Desert Lawn Drive was developed, the boundary between the cities, in much of the area, ended up running through the medians Page 8 of 69 constructed as part of the roadway system. The roadway provides access to the Tournament Hills neighborhood along with circulation through other parts of the Fairway Canyon area which up until very recently served primarily Beaumont residents. Since Champions Drive was constructed, the City of Beaumont has consistently provided maintenance to the medians on both the Calimesa and Beaumont sides. Adjusting the boundary line as proposed, will bring all of Champions Drive into the City of Beaumont. Also included with the annexation is Parcel B as shown on Exhibit C. Parcel B is currently owned by TriPointe Homes. On Parcel B currently sits a monument for the Tournament Hills development. Upon annexation into the City, the monument parcel will be deeded to the Tournament Hills HOA for ownership and maintenance. Process The requested action involves a multi-step process. The City of Beaumont must amend its sphere of influence to include the proposed annexation area prior to any other action, as the City’s Sphere of Influence is currently coterminous with the City boundary. Once the sphere is expanded, the proposed annexation area will be within the sphere and can be considered for annexation. Upon annexation, the General Plan Land Use Map can be amended to reflect the new boundaries. The City is not requesting or proposing any additional expansion of sphere beyond the proposed annexation area. LAFCO requires a Plan of Service for any annexation. The proposed Plan of Service (Attachment D) shows how services are and will continue to be provided to the subject area. The proposed Plan of Servies states that the City of Beaumont is currently providing all services to the area and will continue to do so after the annexation is complete. The Plan of Service has been prepared by the City of Beaumont and has been reviewed by each city. The Plan of Service must be approved by the city councils from both Beaumont and Calimesa to be included with the application. Each of these requested actions must be considered by the City’s Planning Commission and approved by City Council before a LAFCO application can be submitted. The City of Calimesa is also presenting this information to their approving bodies. TriPointe Homes, as the owner of Parcel B, is a party to the LAFCO application. Upon adoption of the attached resolutions and acceptance of the Plan of Service by both City Councils, the City of Beaumont will file the CEQA Exemption and submit the application and materials to LAFCO to formally begin annexation proceedings. Page 9 of 69 Recommended Action: Forward a recommendation of approval of the expansion of the City’s Sphere of Influence and amendment to the General Plan Land Use Map as shown in Attachment C; and Forward a recommendation to authorize LAFCO proceedings. Attachments: A. Draft Resolution Amending General Plan Land Use Map and Expanding City Sphere B. Draft Resolution Authorizing LAFCO Action C. Legal Description and Exhibit of Area to be Annexed D. Draft Plan of Service E. CEQA Exemption Form F. Proof of Publication Page 10 of 69 RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, AMENDING THE BEAUMONT COMPREHENSIVE GENERAL PLAN LAND USE ELEMENT AND LAND USE MAP (CHAMPIONS REALIGNMENT) AND SPHERE OF INFLUENCE EXTENSION WHEREAS, the City of Beaumont ("City") is required by California Government Code Section 65302 to adopt and maintain a general plan, as defined therein; and WHEREAS, the City adopted the Beaumont Comprehensive General Plan Update by its adoption of Resolution No. 2020-46, on November 17, 2020; and WHEREAS, the City desires to annex the northerly half-street right of way of Champions Drive, a portion of Desert Lawn Drive and Parcel B totaling approximately 4.6 acres to the City ("Subject Site") as described in Exhibit "A" attached hereto and by this reference incorporated herein; and WHEREAS, the Subject Site is currently not located within the City's sphere of influence and is not included in the Beaumont General Plan Land Use Element; and WHEREAS, the City desires to amend the Land Use Element Land Use Map to add the Subject Site to the Land Use Element with a designation of Single Family Residential; and WHEREAS, the ultimate logical extension for the City encompasses the area of the Subject Site as described on Exhibit "A" attached hereto and by this reference incorporated herein; and WHEREAS, a legal description of the boundary of the Subject Site is set forth in Exhibit "A" attached hereto and by this reference incorporated herein; and WHEREAS, the proposal is consistent with the textual portions of the City's General Plan, and the proposed changes are internally consistent with other portions of the General Plan; and WHEREAS, the comprehensive planning of the area and the logical and orderly implementation of the General Plan will be aided through the proposed actions; and Page 11 of 69 WHEREAS, information regarding the proposed General Plan Amendment was available for review in the Beaumont Planning Department at City Hall beginning on September 1, 2023; and WHEREAS, the duly noticed public hearings were conducted on this matter as required by law by the Planning Commission on September 13, 2023 and the City Council on October 3, 2023, and the Planning Commission, at its public hearing, recommended that the City Council approve the proposed General Plan Amendment. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, AS FOLLOWS: SECTION I: Based on the entire record before the City Council, all written and oral evidence presented, and the findings made in this Resolution, upon the effective date of annexation to the City of the Subject Site and amendment to the City's sphere of influence, the General Plan Land Use Element Land Use Map shall be amended to incorporate the Subject Site with a designation of Specific Plan as set forth in Exhibit "A" and finds that the proposed revision complies with applicable State, regional, county and City plans, programs, policies and guidelines; and hereby adopts the proposed Land Use Map revision. SECTION 2: The City Council finds that the proposed General Plan Amendment is: A. In the public interest, and that there will be a community benefit resulting from the amendment: (i) a plan of services has been prepared for the General Plan Amendment and provides operation and maintenance of community activities and events, public safety, transit, maintenance of public works, sanitary sewers and trash collections to insure that adequate public services and facilities are provided in a timely manner for the Subject Site; (ii) it will provide for more efficient public service; and (iii) is compatible with surrounding land uses as it is an existing roadway built to City standards. B. Consistent with the City's General Plan Update and all of the goals, policies, objectives and narrative text because: (i) a plan of services has been prepared and provides operation and maintenance of community facilities and events, public safety, transit, maintenance of public works, sanitary sewers and trash-collections to insure that adequate public services and facilities are provided in a timely manner to support both existing and future development; (ii) an existing roadway which assists with the development of a circulation system that serves the needs of the City through traffic mitigation measures; and (iii) is compatible with surrounding land uses as it is an existing roadway built to City standards. C. The proposed amendment will not conflict with provisions of the zoning ordinance or subdivision regulations as it is an existing roadway, built to City standards in accordance with the surrounding development. Page 12 of 69 D. In the event that the proposed amendment is a change to the land use policy map, that the amendment will not adversely affect surrounding properties. SECTION 3: All of the information pertaining to the proposed General Plan Amendment is on file in the Planning Department at Beaumont City Hall. SECTION 4: In accordance with California Environmental Quality Act (CEQA) Guidelines, Section 15319, adoption of this ordinance is categorically exempt from CEQA. This is an annexation of existing roadway developed in accordance with City standards. The property is currently served by all utilities and no changes to existing improvements or utilities are needed or proposed. SECTION 5: The General Plan Amendment is approved in anticipation of annexation of the Subject Area to the City. The amendment to the General Plan Land Use Element, Land Use Map as described herein shall become effective upon the effective date of the annexation of the Subject Site to the City and the effective date of the amendment of the City's sphere of influence by the Riverside County Local Agency Formation Commission. MOVED, PASSED AND ADOPTED THIS 3rd DAY OF OCTOBER 2023, BY THE FOLLOWING VOTE: AYES: NOES: ABSENT: ABSTAIN: _______________________________ Julio Martinez, Mayor Attest: _______________________________ Deputy City Clerk Page 13 of 69 Approved as to form: _______________________________ John O. Pinkney, City Attorney Page 14 of 69 Resolution No. 2023- A RESOLUTION OF APPLICATION BY THE CITY OF BEAUMONT REQUESTING THE RIVERSIDE LOCAL AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS FOR THE REALIGNMENT OF CHAMPIONS DRIVE WHEREAS, the City of Beaumont desires to initiate a proposal pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, commencing with Section 56000 of the California Government Code, for the northerly half-street right of way of Champions Drive, a portion of Desert Lawn Drive and Parcel B totaling approximately 4.6 acres; and WHEREAS, notice of intent to adopt this resolution of application has been given to the commission, each interested agency and each subject agency at least 21 days prior to the adoption of this resolution; and WHEREAS, the territory proposed to be annexed is uninhabited, and a description of the boundaries of the territory is set forth in Exhibit A attached hereto and by this reference incorporated herein; and WHEREAS, this proposal is consistent with the sphere of influence of the affected city; and WHEREAS, it is desired to provide that the proposed annexation be subject to the following terms and conditions: The annexation is subject to the provisions in the Plan of Service and LAFCO approval. WHEREAS, the reasons for the proposed annexation are as follows: This annexation is in the public interest, and that there will be a community benefit resulting from the amendment: (i) a plan of services has been prepared for the General Plan Amendment and provides operation and maintenance of community activities and events, public safety, transit, maintenance of public works, sanitary sewers and trash collections to insure that adequate public services and facilities are provided in a timely manner for the Subject Site; (ii) it will provide for more efficient public service; and (iii) is compatible with surrounding land uses as it is an existing roadway built to City standards. WHEREAS, the City Council of the City Beaumont certifies that: In accordance with California Environmental Quality Act (CEQA) Guidelines, Section 15319, adoption of this ordinance is categorically exempt from CEQA. This is an annexation of existing roadway developed in accordance with City standards. The property is currently served by all utilities and no changes to existing improvements or utilities are needed or proposed. Page 15 of 69 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES HERE BY RESOLVE: This Resolution of Application is hereby adopted and approved by the City Council of the City of Beaumont, and the Riverside Local Agency Formation Commission is hereby requested to take proceedings for the annexation of territory as described in Exhibit A, according to the terms and conditions stated above and in the manner provided by the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. Passed and adopted by the City Council of the City of Beaumont at a regular meeting thereof held on the 3rd day of October, 2023, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ____________________________ Julio Martinez, Mayor Attest: ____________________________ Deputy City Clerk Approved as to form: _______________________________ John O. Pinkney, City Attorney Page 16 of 69 MICHAEL BAKER INTERNATIONAL May 18, 2023 75-410 Gerald Ford Drive, Suite 100 180138 Palm Desert, CA 92211 Page 1 of 3 EXHIBIT “A” LAFCO 2023-___-___ REORGANIZATION TO INCLUDE ANNEXATION TO THE CITY OF BEAUMONT AND DETACHMENT FROM THE CITY OF CALIMESA All of Parcel B of Lot Line Adjustment No. LLA 07-03 recorded as Instrument No. 2008- 0054736 of Official Records in the Office of the County Recorder of said Riverside County; Together with that portion of Section 31 and Section 32, Township 2 South, Range 1 West, San Bernardino Meridian, in the City of Calimesa, County of Riverside, State of California, described as follows: BEGINNING at the center corner of said Section 31; Course 1 Thence South 89°37'21" East 848.57 feet to the beginning of a tangent curve concave northerly and having a radius of 956.00 feet; Course 2 Thence along said curve easterly 10.62 feet through a central angle of 00°38'11"; Course 3 Thence tangent from said curve North 89°44'28" East 798.92 feet to the beginning of a tangent curve concave southerly and having a radius of 1153.00 feet; Course 4 Thence along said curve easterly 284.05 feet through a central angle of 14°06'54"; Course 5 Thence tangent from said curve South 76°08'38" East 181.14 feet to the beginning of a tangent curve concave northwesterly and having a radius of 691.00 feet; Course 6 Thence along said curve easterly 586.62 feet through a central angle of 48°38’27” to the westerly line of said Parcel “B” of said Lot Line Adjustment; Course 7 Thence along the westerly line of said Parcel “B” North 02°05’13” East 196.51 feet; Page 17 of 69 EXHIBIT “A” LAFCO 2023-___-___ Page 2 of 3 Course 8 Thence along the southwesterly line of said Parcel “B” North 49°19’25” West 105.80 feet to the east line of Section 31; Course 9 Thence northerly along said east line of Section 31 North 02°05’13” East 98.92 feet to the centerline of Desert Lawn Drive as shown on Tract No. 36955 per map recorded in Book 455, Pages 94 through 98, inclusive, of Maps in the Office of said Riverside County Records, point being the beginning of a non-tangent curve southwesterly and having a radius of 9877.00 feet, a radial line of said curve from said point bears South 39°53'37" West; Course 10 Thence along said centerline and along said curve southeasterly 206.24 feet through a central angle of 01°11'47"; Course 11 Thence tangent from said curve, continuing along said centerline South 48°54'36" East 173.95 feet to the northerly line of Lot ‘A’ (Champions Drive) as shown on Tract No. 30748-1 per map recorded in Book 358, Pages 19 through 25, inclusive of Maps in the Office of said Riverside County Recorder; Course 12 Thence South 46°11'53" West 129.63 feet to the beginning of a tangent curve concave northwesterly and having a radius of 750.00 feet; Course 13 Thence along said curve westerly 786.39 feet through a central angle of 60°04'33"; Course 14 Thence tangent from said curve North 73°43'34" West 103.19 feet to the beginning of a tangent curve concave southerly and having a radius of 1100.00 feet; Course 15 Thence along said curve westerly 305.18 feet through a central angle of 15°53'45"; Page 18 of 69 EXHIBIT “A” LAFCO 2023-___-___ Page 3 of 3 Course 16 Thence tangent from said curve North 89°37’21” West 1671.08 feet to the westerly line of the southeast quarter of said Section 31; Course 17 Thence northerly along said westerly line North 00°38’23” East 44.00 feet to the POINT OF BEGINNING. CONTAINS: 4.260 Acres, more or less. SUBJECT TO all Covenants, Rights, Rights-of-Way, and easements of record EXHIBIT “B” plat attached hereto and by this reference made a part hereof. This description was prepared by me or under my direction. 05/18/2023 Christopher Alberts, P.L.S. 8508 Date: For Review Only Page 19 of 69 For Re v i e w O n l y Page 20 of 69 Page 21 of 69 Page 22 of 69 Page 23 of 69 Page 24 of 69 Page 25 of 69 PLAN OF SERVICES CHAMPIONS DRIVE REALIGNMENT BETWEEN CITY OF BEAUMONT AND CITY OF CALIMESA The following Plan of Services is prepared pursuant to the Cortese-Knox-Hertzberg Local Government Reorganiza�on Act of 2000, Part 3, Chapter 1, Sec�on 56653. DESCRIPTION OF PROJECT This Annexa�on applica�on is submited to Riverside LAFCO to adjust the Beaumont/Calimesa City boundary line on Champions Drive from Desert Lawn Drive to approximately 3200 feet to the west. The area to be annexed is the northerly half-street right of way of Champions Drive, a por�on of Desert Lawn Drive and Parcel B totaling approximately 4.6 acres (see Legal and Plat). Champions Drive is currently split between the ci�es of Beaumont and Calimesa. The city boundary line is runs through the medians on Champions Drive. Upon the comple�on of the annexa�on, the city of Beaumont boundary will be moved northerly along Champions Drive approximately 50 feet, encompass Parcel B and extend Desert Lawn Drive approximately 100 feet to the east. to the exis�ng CalTrans Right- of-Way. This por�on of the Champions Drive was constructed as part of development within the City of Beaumont. The boundary between the ci�es of Beaumont and Calimesa runs the centerline of Champions Drive through the medians now constructed. The ci�es of Beaumont and Calimesa concur with processing this annexa�on so the iden�fied por�on of Champions Drive will be en�rely within the City of Beaumont. Upon the comple�on of the Annexa�on the General Plan designa�on ascribed to the subject property will be Single Family Residen�al, and the exis�ng zoning will be Specific Plan (Fairway Canyon), the same as the other half of the street of which it is a part, and therefore, no pre-zoning is necessary as Champions Drive will all have the same designa�on. All exis�ng services provided by the City of Beaumont that are applicable to the exis�ng Fairway Canyon Specific Plan will be extended to the annexa�on area which include Police Services for traffic enforcement, Fire Services for emergency response and Sewer lines that exist in the street right of way, street Storm Drain System for flood control, Solid Waste Disposal Service generally applicable across the city, and Street Light Maintenance. Each of these services is discussed below in terms of level and �ming, financing, and any plans for improvement or upgrading. POLICE SERVICES Descrip�on, Level. and Timing of Services The City of Beaumont (via the Beaumont Police Department) currently has jurisdic�on for police service to property within the City. The responsible substa�on is located within the Fairway Canyon Specific Plan with the Police Department headquarters located at 660 Orange Avenue, Beaumont. Page 26 of 69 Upon annexa�on, the City of Beaumont Police Department will con�nue to have jurisdic�on for patrol and emergency response to the annexa�on area which will consist of the en�re Champions Drive Right- of-Way. Plans for Improvement or Upgrading of Services There are no plans to upgrade the service. Financing of Services There is no addi�onal expense to provide service to the annexa�on area as these services are already being provided. FIRE SERVICES Descrip�on, Level, and Timing of Services The City of Beaumont is currently responsible for Fire services to the incorporated boundaries of the City of Beaumont. Upon annexa�on, the City of Beaumont ’s Fire Department will have jurisdic�on for the providing Fire services to the en�re right-of-way. The first responding sta�on will be Fire Sta�on No. 66 located at 628 Maple Avenue, Beaumont. Plans for Improvement or Upgrading of Services· The City is currently construc�ng a new fire sta�on, Sta�on 106 located on Potrero Boulevard south of Oak Valley Parkway. Upon comple�on of Fire Sta�on 106, it would become the first responding sta�on to the loca�on. Financing of Services There is no addi�onal expense to provide service to the annexa�on area as these services are already being provided. WATER AND SEWER SERVICES Descrip�on, Level, and Timing of Services Beaumont Cherry Valley Water District is currently responsible for providing water to the medians. There will be no change to this service as a result of the annexa�on. The City of Beaumont provides sewer service to this area. Upon annexa�on, the City of Beaumont will be responsible for providing sewer services to this property if it is needed. The need for addi�onal water service or wastewater/sewerage service is not an�cipated as the area being annexed is already developed as a public road with medians. Plans for Improvement or Upgrading of Services There are no plans to upgrade the service. Financing of Services There is no addi�onal expense to provide service to the annexa�on area as the City of Beaumont is already providing the services. SOLID WASTE DISPOSAL Descrip�on, Level, and Timing of Services Page 27 of 69 Solid waste services are generally provided across the City by Waste Management of the Inland Empire. Although this annexa�on will not generate demand or need for addi�onal coverage by this company, the annexa�on area would generally be within the boundaries of the service area of this purveyor. Plans for Improvement or Upgrading of Services There are no plans to upgrade the service. Financing of Services There are no expenses related to Waste Management service to the annexa�on area. STREET LIGHTS AND MAINTENANCE Descrip�on, Level, and Timing of Services This property includes medians on Champions Drive. The annexa�on area is part of an exis�ng mostly developed area within the City of Beaumont. Therefore, the property will be assessed a fee for the maintenance of city wide street light system as a part of the exis�ng improvement area upon annexa�on. Plans for Improvement or Upgrading of Services The improvements are constructed and there are no plans for improvement or upgrade of the medians or roadways. Financing of Services Upon annexa�on, the property will be a part of the exis�ng City of Beaumont Improvement Area 17A which generates fee based revenue for the maintenance of the city's street lights and landscaping. FLOOD CONTROL Descrip�on, Level, and Timing of Services The property currently drains into the exis�ng City of Beaumont facili�es which is sufficient for exis�ng development and does not need any upgrade as a result of the· annexa�on into the City of Beaumont. Plans for Improvement or Upgrading of Services There are no plans to upgrade the service. Financing of Services There is no addi�onal expense to provide service to the annexa�on area. SPECIAL ASSESSMENTS AND GENERAL OBLIGATION BONDS The property will become part of Improvement Area 17A. The proposed area of detachment/annexa�on is an exis�ng street with improvements which serves as the boundary between the Ci�es of Calimesa and Beaumont. The adjacent area lies within the City of Beaumont Boundary. The parcels currently receive all requisite u�lity service. The proposed ac�on makes no demand in change of service. Page 28 of 69 This Plan of Service is agreed upon and accepted by: ____________________________ ___________________________ City of Beaumont Date ____________________________ ___________________________ City of Calimesa Date Page 29 of 69 Statutory Exemptions. State code number: _______________________________________________ Print Form Notice of Exemption Appendix E From: (Public Agency): ____________________________To: Office of Planning and Research P.O. Box 3044, Room 113 _______________________________________________Sacramento, CA 95812-3044 County Clerk (Address) ___________________________ ___________________________ County of: __________________ Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific: Project Location - City: ______________________ Project Location - County: Description of Nature, Purpose and Beneficiaries of Project: _____________________ Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one): Ministerial (Sec. 21080(b)(1); 15268); Declared Emergency (Sec. 21080(b)(3); 15269(a)); Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); Reasons why project is exempt: Lead Agency Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant: 1.Attach certified document of exemption finding. 2.Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ____________________________ Date: Signed by Lead Agency Signed by Applicant Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR: Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________ Categorical Exemption. State type and section number: ____________________________________ ______________________________________________ ______________ Title: _______________________ Revised 2011 City of Beaumont 550 E. 6th Street Beaumont, CA 92223 Riverside Champions Drive Realignment City of Beaumont, City of Calimesa Champions Drive Beaumont Riverside Boundary adjustment between the cities of Calimesa and Beaumont to bring all of the existing Champions Drive from Desert Lawn Drive west to the City of Beaumont boundary, into the City of Beaumont Local Area Formation Commission (LAFCO) City of Beaumont X 15319 Annexations of Existing Facilities and Lots for Exempt Facilities This application is an annexation of existing roadway developed in accordance with City standards. The property is currently served by all utilities and no changes to existing improvements or utilities are needed or proposed. This is a boundary line clean-up. Christina Taylor 951-572-3212 Deputy City Manager Page 30 of 69 LEGAL ADVERTISEMENT NOTICE IS HEREBY GIVEN, that the City of Beaumont will conduct public hearings to consider the matter described below. The Planning Commission’s public hearing will be held at 6:00 p.m. on Wednesday, September 13, 2023, and the City Council’s public hearing will held at 6:00 p.m. on Tuesday, October 3, 2023, at 550 East Sixth Street, Beaumont, California. CONDUCT A PUBLIC HEARING TO AMEND THE GENERAL PLAN LAND USE MAP AND GENERAL PLAN SPHERE OF INFLUENCE TO ADJUST THE CITY BOUNDARY BETWEEN THE CITIES OF BEAUMONT AND CALIMESA ALONG CHAMPIONS DRIVE. The purpose and intent of this request is to expand the City’s Sphere of Influence to be coterminous with the proposed adjusted City boundary line between Beaumont and Calimesa along Champions Drive from Desert Lawn Drive to approximately 3200 feet to the west. The area to be annexed is the northerly half-street right of way of Champions Drive, a portion of Desert Lawn Drive and Parcel B totaling approximately 4.6 acres. Upon the completion of the annexation, the City of Beaumont boundary will be moved northerly along Champions Drive approximately 50 feet, encompass Parcel B and extend Desert Lawn Drive approximately 100 feet to the existing CalTrans Right-of-Way. Public comments can be made in person, using the public comment phone line or by written email. Phone-in comments will be accepted by calling the designated public comment phone line (951) 922-4845 prior to the corresponding item. Public comments shall not exceed three minutes unless otherwise authorized by City Council. Written comments can be emailed to NicoleW@BeaumontCa.gov Public comments accepted via email will be read aloud during the corresponding item of the meeting. Comments can be submitted any time prior to the meeting as well as during the meeting until the end of the corresponding item. This meeting will be conducted in person and also and will be recorded for live streaming. All City of Beaumont public meetings will be made available via live streaming and made available on the City’s official YouTube webpage. Please use the following link during the meeting for live stream access: BeaumontCa.gov/Livestream Christina TaylorDeputy City Managerctaylor@beaumontca.govThe Press-EnterprisePublished: 9/1/23 Page 31 of 69 Staff Report TO: Planning Commissioners FROM: Jillian Fountain, Assistant Planner DATE September 13, 2023 SUBJECT: APPLICANT: Conditional Use Permit CUP2023-0071 for Refuge Cigar Lounge located at 688 Beaumont Avenue (APN: 418-074-001) Ronald Arellanos Description A request to operate a cigar lounge/tobacconist’s store within a suite of an existing multiple tenant building located at 688 Beaumont Avenue. Background and Analysis: The applicant is requesting approval of an application that was submitted on June 21, 2023, for a Conditional Use Permit to establish and operate a full-service cigar lounge, Refuge Cigar Lounge. Conditional Use Permit CUP2023-0071 is required due to a recent determination of use. The zoning code did not identify cigar lounges as a use in the land use matrix. Per Beaumont Municipal code section 17.02.020 “The Community Development Director, upon written request or upon their own initiative, when a use is not specifically listed as a permitted use or conditional use under a particular zone, and when that use is proposed or classification is requested, shall determine whether the use is sufficiently similar to a listed use in the particular zone to justify a finding that it should be deemed a permitte d use or a conditional use in one or more zones.” This determination was brought to and adopted by the City Council on February 21, 2023. This CUP was originally scheduled for the July 26, 2023 , Planning Commission and continued without discussion by a vote of 4-0. Project Setting: The subject site is located in an existing multi- tenant building with neighboring tenants to the north and south. It is located on the northeast corner of Seventh Street and Beaumont Avenue. The multi-tenant building includes Craft Lounge, Hair’em Salon, Sharp Image Page 32 of 69 and All American Mattress and Recliners. To the north of the building there is existing Single Family Residential, to the west and east of the building there are existing Multiple Family Residential lots. The project setting can also be seen in the following materials attached to this staff report:  General Plan Land Use Map (Attachment C)  Zoning Map (Attachment D)  Aerial Photograph (Attachment E) The land uses, zoning, and General Plan land use designations of the project site and surrounding area are shown in the following table. LAND USE GENERAL PLAN ZONING PROJECT SITE Refuge Cigar Lounge Downtown Mixed Use Downtown Mixed Use NORTH Single Family Residence Downtown Mixed Use Downtown Mixed Use SOUTH Commercial Downtown Mixed Use Downtown Mixed Use EAST Multiple Family Residential Single Family Residential Single Family Residential WEST Multiple Family Residential Downtown Mixed Use Downtown Mixed Use Discussion: The Applicant has reiterated that the proposed use will be an upscale cigar lounge. There will be no sales or consumption of cigarettes, marijuana, or hookah on the premises. Sales will include, cigars, cigar accessories, luxury cigarettes, tobacco pipes, pipe tobacco, all of which will be provided by their cigar vendors. Branded lounge apparel, non-alcoholic beverages, and pre-packaged snacks will also be available for patrons to purchase on the premises. Page 33 of 69 The lounge area will be located in the front of the store, fac ing Beaumont Avenue, and storage for the lounge will be currently located in the rear of the building, that patrons will not be allowed to access, please see Condition 22 in the Draft Conditions of Approval. In the future, the applicant would like to complete a Tenant Improvement that allows for the storage area to be converted into a “Members Only” area for patrons to enjoy their fine cigars. Lighting: There is existing street lighting on Beaumont Avenue and building lighting on the east elevation of the building facing the parking lot. The Applicant is not proposing any changes to the site lighting at this time. Staff has determined that adequate lighting is provided on site for pedestrians to safely navigate in the evening hours. Circulation and Parking: The existing building has one (1) driveway located on Seventh Street that provides an area for off street parking, though a portion of this area has been converted into a patio are for food and drink consumption by current tenants. Parking requirements in the Downtown District have been amended as of September 5, 2023, by the City Council. City Council has approved an ordinance to temporarily suspend off-street parking requirements for existing non-residential structures in a specific area of the Downtown District, attachment L, for a period not to exceed eighteen (18) months. This parking waiver proposal was originally brought to and approved by the Planning Commission on August 23, 2023. The approval of this ordinance allows for a much broader use to occupy existing buildings on the smaller lots in the core downtown area that normally would be restricted because of the existing parking requirements in place in the Municipal Code. The Zoning Code RFP was released as of September 5, 2023, to address a long-term plan to remedy the parking requirements in the Downtown District and is expected to be completed in time of the expiration of this ordinance. In addition, the Downtown Revitalization Plan will address parking in the core downtown area and is expected to be completed by early 2024. On-site accessible parking shall be provided and maintained per conditions 27 and 28 in the Draft Conditions of Approval. Page 34 of 69 Hours of Operation: Refuge Cigar Lounge is proposing hours a between 11:00am to 10:00pm, seven (7) days a week (depending on business demand), as indicated in the applicant submittal letter (see Attachment G). This will be the maximum approved hours of operation allowed, the applicant believes that the hours of operation will be determined based on the demand and may be shorter during times of low use. Multi-Species Habitat Conservation Plan (MSHCP): The project is found to be consistent with the MSHCP. The project is located outside of any MSHCP criteria area and mitigation is provided through payment of the MSHCP Mitigation Fee. Consistency with Adopted Goals, Plans and Programs: The proposed Application and Floor Plan were reviewed by the Design Review Committee (DRC) on July 6, 2023, for consistency with the City’s applicable policies, requirements and guidelines. Subsequently, the DRC has recommended that the project, subject to the recommended conditions of approval, be found consistent with the City’s General Plan, Zoning Ordinance and other development requirements and guidelines. The complete analysis of this project for consistency with the City’s policies, requirements and guidelines is described below. General Plan Consistency The proposed use is in conformance with the General Plan for the City o f Beaumont. The land use designation for the project site is Downtown Mixed Use (DMU), as shown in Attachment D. The existing development is consistent with the General Plan policy 11.5.1 “Require active commercial or retail uses on the first floor along Sixth Street and Beaumont Avenue in the Downtown Core District. Zoning Consistency The use is subject to and is consistent with the Development Standards for the Downtown Mixed Use zone. The use would meet the objectives of the zone and that the use and its operation are compatible with uses permitted in the zone, subject to approval of a Conditional Use Permit. Page 35 of 69 The proposed use also complies with Zoning Code requirements relating to conditional use permits. Findings required by Beaumont Municipal Code,17.02.100 are found in the Beaumont Municipal Code. Environmental Documentation: The project is exempt from provisions of the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15301 in that information contained in the project file and documents incorporated herein by reference demonstrates that: Conditional Use Permit CUP2023-0071 is consistent with the Downtown Mixed Use General Plan designation and all applicable General Plan policies as well as the applicable zoning designation; the proposed project site is located within the boundaries of the City of Beaumont; Conditional Use Permit CUP2023-0071 has no value as habit for endangered, rare or threatened species; there is no substantial evidence in the record that Conditional Use Permit CUP2023-0071 will result in significant effects related to traffic, noise, air quality or water quality in that the proposed project incorporated and otherwise is subject to air and water quality resource agency design requirements to avoid an harmful effects; and the site is or can be adequately served by all required utilitie s and public services. As such, the project meets the criteria for application of a Class 01 (Existing Facilities) Categorical Exemption under the CEQA Guidelines. Additionally, none of the exceptions provided in CEQA Guidelines Section 15300.2 apply to this project. Public Communications Received: Property owners located within a 300 -foot radius of the project site were notified of the public hearing on August 28, 2023, with a 10-day hearing notice in addition to a public notice in the Press Enterprise. At the time of report preparation, the Planning Department has received one comment letter from the public in opposition to the project (see Attachment H). Any comments received prior to the time of the scheduled Planning Commission meeting will be provided to the Commission at the time of the public hearing. Planning Commission Authority: The Downtown Mixed Use Zone refers back Table 17.19-1 for uses conditionally permitted under this Zone District. Cigar Lounges are not listed in the approved uses in Table 17.19-1, but is now a Determination of Use and subject to Conditional Use Permit approval by the Planning Commission. The Beaumont Municipal Code Section 17.02.100.F authorizes the Planning Commission to approve, conditionally approve, or deny the application. The Municipal Code of the City of Beaumont requires the approval of a conditional use permit by the Planning Commission for cigar lounges. The purpose of this requirement Page 36 of 69 is to establish a formal review of such proposals, which involves conducting a public hearing and giving written notice to property owners within a 300 -foot radius of the site. Through the conditional use permit process, the Planning Commission has the opportunity to determine if the use proposed, or the location of that use, is compatible with surrounding uses, or through conditions, can be made compatible. The Planning Commission can either deny or approve the proposal and may establi sh conditions of approval for the business’ operations to ensure that it will not be a detriment to the community. Conditional Use Permit Findings: The Planning Commission may approve and/or modify a Conditional Use Permit in whole or in part, with or without conditions, provided that all of the following findings of fact are made: 1. The proposed uses conditionally permitted within the subject zone and complies with the intent of all applicable provisions of this Zoning Ordinance. The project is subject to and is consistent with the Development Standards for the Downtown Mixed Use Zone. Table 17.19-1 provides a list of conditionally permitted uses, Cigar Lounges are not listed in the approved uses in this table, but is now a Determination of Use and subject to Conditional Use Permit approval by the Planning Commission. 2. The proposed uses would not impair the integrity and character of the zone in which it is to be located. The subject property is zoned Downtown Mixed Use in which section 17.19.120 table 17.19-1 is a conditionally permitted use. The site is located in an area that is surrounded by Downtown Mixed Use zone to the north, south and west with Single Family Residential zone to the east. 3. The subject site is physically suitable for the type of land use being proposed. The site is fully developed and is generally consistent with the Downtown Mixed Use Zone. The proposed project is in a predominately commercial area that is developed and is suitable for commercial development. 4. The proposed uses are compatible with the land uses presently on the subject property. Page 37 of 69 The site is fully developed and is generally consistent with the Downtown Mixed Use Zone, which allows Cigar Lounges as a Determination of Use per Beaumont Municipal Code Section 17.02.020. 5. The proposed uses would be compatible with existing and future land uses within the zone and the general area in which the proposed use is to be located. The zoning for the project site is Downtown Mixed Use and the land use designation is and Downtown Mixed Use. The proposed use is predominately surrounded by property that is currently zoned Downtown Mixed Use and Single Family Residential and designated as Downtown Mixed Use by the current General Plan. The site is surrounded by developed land and the proposed use is compatible with the surrounding commercially zoned properties. 6. There would be adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety. The site is served by the Beaumont-Cherry Valley Water District for water services and the City of Beaumont for sewer disposal system. Electricity will be provided by Southern California Edison and natural gas will be provided by the Southern California Gas Company. Solid waste and refuse services are provided by Waste Management, Inc. on behalf of the City of Beaumont. The site can be adequately served and will not be detrimental to public health and safety. 7. There would be adequate provisions for public access to serve the subject proposal. There is adequate access to the site as determined by the City’s public safety department. The site has access from Beaumont Avenue and Seventh Street. 8. The proposed use is consistent with the objectives, policies, general land uses, and programs of the City of Beaumont General Plan. The proposed use is in conformance with the General Plan for the City of Beaumont. The land use designation for the project site is Downtown Mixed Use (DMU). The existing development is consistent with the General Plan policy 11.5.1 “Require active commercial or retail uses on the first floor along Sixth Street and Beaumont Avenue in the Downtown Core District.” Page 38 of 69 9. The proposed use would not be detrimental to the public interest, health, safe ty, convenience, or welfare. The proposed use meets all the development standards established in the General Plan, which is intended to protect the public interest, health, safety, convenience, or welfare. The cigar sales will provide a convenience for the public that will not be detrimental to public health, safety or welfare. 10. The proposed design and elevations preserve and maximize the image, character, and visual quality of the neighborhood. The proposed use does not include review of the design and elevations; the building for proposed use is consistent with the Downtown Mixed Use area and there has not been a proposal to change the exterior of the existing building. 11. The Planning Commission shall find that the proposed use does not have a disproportionately high and adverse human health or environmental effect on minority and low-income populations. This use will not have an adverse effect on humans or the environment for any population. The proposed project will provide a standard service typically provided in cigar lounges to serve all income levels of the population. 12. This subsection G shall apply only to the uses identified in Chapter 17.03. This subsection shall not invalidate any condition use permit for an operating facility but shall be complied with prior to issuance of a building permit for all projects for which no building permit has been issued upon the effective date of this provision. There are no existing Conditional Use Permits for the subject site and therefore would not invalidate any an existing entitlement. The proposed use is subject to the Downtown Mixed Use Zone and Conditional Use Permit Findings. Recommended Action: Hold a public hearing; and, Approve Conditional Use Permit CUP2023-0071, subject to the attached Conditions of Approval. Direct staff to prepare a Notice of Exemption for the applicant to file with the Riverside County Clerk Recorder. Page 39 of 69 Attachments: A. Draft Conditions of Approval B. Floor Plan C. General Plan Land Use Designation Map D. Zoning Map E. Aerial Photograph F. Site Photographs G. February 21, 2023 Determination of Use City Council Staff Report H. Statement of Operations I. Comment Letter, Matt Herr July 20, 2023 J. Proof of Publication K. Notification Radius Map Package L. Downtown Parking Waiver area map Incorporated herein by Reference:  City of Beaumont General Plan  City of Beaumont Zoning Ordinance  Project Site’s Riverside Conservation Authority Multi-Species Habitat Conservation Plan Informational Map  Contents of City of Beaumont Planning Department Project File CUP2023 -0071  City of Beaumont Determination of Use, Cigar Lounge  PLAN2023-1001 Parking Ordinance Page 40 of 69 CITY OF BEAUMONT PLANNING DEPARTMENT FINAL CONDITIONS OF APPROVAL PLANNING COMISSION DATE: July 26, 2023 PROJECT NAME: Refuge Cigar Lounge PROJECT NO: CUP2023-0071 DESCRIPTION: Conditional Use Permit CUP2023-0071 for a request to operate a new cigar lounge/tobacconist’s store, Refuge Cigar Lounge, within a suite of an existing multiple tenant building at 688 Beaumont Avenue within the Downtown Mixed-Use Zone. APPLICANT: Ronald Arellano LOCATION: 688 Beaumont Avenue APN: 418-074-001 PROJECT Note: Any conditions revised at a hearing will be noted by strikeout (for deletions) and/or underline (for additions), and any newly added conditions will be added at the end of all conditions regardless of the Department originating the condition. STANDARD CONDITIONS 1. The permit for the above referenced Conditional Use Permit and property consists of all Conditions of Approval herein. All Conditions of Approval for CUP2023-0071 and other related approvals are still in effect. 2. The permittee shall defend, indemnify, and hold harmless the City of Beaumont, the Beaumont Redevelopment Agency, its agents, officers, consultants, and employees from any claims, action, or proceeding against the City of Beaumont or its agents, officers, consultants, or employees to attack, set aside, void, or annul, an approval of the City of Beaumont, its advisory agencies, appeal boards, or legislative body concerning Conditional Use Permit CUP2023-0071. The City of Beaumont will promptly notify the permittee of any such claim, action, or proceeding against the City of Beaumont and will cooperate fully in the defense. If the City fails to promptly notify the permittee of any such claim, action or proceeding or fails to cooperate fully in the defense, the permittee shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Beaumont. 3. This approval is subject to the City of Beaumont Municipal Code Section 17.02.100 Conditional Use Permits and is subject to timing specified in Sections (J) Conditional Use Permit Time Limits, (K) Conditional Use Permit Lapse in Time, (L) Conditional Use Permit Renewal and (M) Lapsing in Conditional Use Permit. Page 41 of 69 CUP2023-0071 Draft Conditions of Approval Page 2 4. This permit shall be for the use and plan specifically approved at this location. The permit shall not be transferrable to another location and any modification to the site plan may require a new Conditional Use Permit approval. 5. The floor plans of the project shall substantially conform to the plans submitted and approved. 6. The use entitled pursuant to the permit shall comply with the Beaumont Municipal Code and all other applicable City of Beaumont ordinances and state and federal codes. The development of the premises shall conform substantially with that as shown on the approved site plan, unless otherwise amended by these conditions of approval. 7. All subsequent submittals required by these conditions of approval, including but not limited to landscape plans, grading plans, building plans, improvement plans or mitigation monitoring plans, shall be subject to the payment of review fees by the permittee as set forth herein. 8. For Sales Tax Purposes, this location shall be the “Point-of-Sale” for all transactions conducted. 9. If any of the conditions of approval are violated, of if the use otherwise become a public nuisance as set forth in the Beaumont Municipal Code, the conditional use permit may be revoked as prescribed in the Municipal Code. 10. After 12 months of operation, the subject matter may, at the discretion of the Community Development Director, be scheduled for review by the Planning Commission. The Commission shall retain the authority to amend these conditions of approval at such time, or to modify the use or revoke the permit if substantial problems result from the operation. 11. The applicant shall be responsible for securing clearance, permits and approvals from all relevant agencies, including the Building Department, Fire Department, Health Department and any other necessary departments or agencies. 12. This permit shall be for the benefit of the applicant in whose name the permit was issued, for the specific approved location. The permit shall not be transferrable to another individual or location. Page 42 of 69 CUP2023-0071 Draft Conditions of Approval Page 3 13. All signage shall be developed in conformance with the zoning ordinance of the Beaumont Municipal Code. 14. Business license application review and approval are required prior to occupancy of the building or sales of any items. 15. Occupancy inspections will be required prior to the start of operations by the Building & Safety, Planning, Police, and Fire Departments. All inspections shall be performed and approved before a Certificate of Occupancy is issued by the Building and Safety Department. 16. Exterior signage/advertisements related to tobacco products shall be prohibited. Exterior signage indicating the availability of tobacco products shall be limited to the name of the business. 17. Exposed neon signage is strictly prohibited along the exterior windows. This includes “open/closed” sign for business. 18. Any live entertainment must obtain a Special Event Permit for one-time events or a Conditional Use Permit for on-going live entertainment, through the City Planning Department. 19. There shall be no alcohol sales or consumption on site. 20. There shall be no sale or consumption of standard cigarettes, marijuana or hookah on site. 21. The applicant shall comply with applicable local (Chapter 9.08 Gambling of the Beaumont Municipal Code), county, state and federal regulations related to gambling. 22. The public shall not be permitted to access through the storage area located on the east side of the building. BUILDING DEPARTMENT 23. Address shall be posted in a manner approved by the Fire Chief of Riverside County or the Fire Chief’s designee. 24. The proposed use requires construction drawings to be submitted to the Department of Building and Safety for plan review, building permits and building inspections. Page 43 of 69 CUP2023-0071 Draft Conditions of Approval Page 4 25. Provide note on plans that “Dig Alert (811) shall be contacted prior to any excavation in accordance with government code section 4216”. 26. All new work shall be designed in conformance to the latest design standards adopted by the State of California in the California Building Standards Code, Title 24, California Code of Regulations (CBC, CRC, CEC, CMC, CPC and Green Building Standards) and City of Beaumont Ordinances including requirements for allowable area, occupancy separations, fire suppression systems, etc. 27. On-site accessible parking shall be provided and maintained. 28. At least 1 accessible route shall be provided within the site from accessible parking spaces and accessible parking loading zones; public streets and sidewalks; and public transportation stops to the accessible building or facility entrance they serve. If more than 1 route is provided, all routes must be accessible. 29. Electronic plan submittals are required and shall be submitted to Permits@beaumontca.gov 30. Upon plan check submittal and after review of the submitted plans, specifications and documents, additional requirements may be required. 31. Permit fees shall be paid in accordance to the City’s adopted fee schedule at the time of building permit issuance. 32. If applicable, prior to issuance of Building Permits, the applicant shall contact Riverside County Environmental Health (RCEH) and verify if their approval is necessary for this business. Applicant shall provide proof of compliance with RCEH prior to issuance of certificate of occupancy and final release of occupancy. 33. It is recommended the business owner consult with a Certified Access Specialist (CASp). An independent CASp review and inspection of the business is important as disabled access violations may exist on the property that will not be addressed during the review of the construction drawing to verify compliance with Title 24, California Code of Regulations, but are still in violation of the American with Disabilities Act (ADA) that could make you susceptible to a lawsuit for a violation of a person’s ADA rights. Please see attached handout as required by State of California, Assembly Bill 3002. Page 44 of 69 CUP2023-0071 Draft Conditions of Approval Page 5 34. To mitigate potential odor impacts upon the adjacent tenants, the applicant shall incorporate into the plans a sophisticated filtration system and a solid and sealed, floor to ceiling, barrier on any demising wall between the subject lease spaced and an adjoining space(s), in a manner that will completely eliminate odors from permeating into any adjoining lease space prior to the issuance of a building permit. FIRE DEPARTMENT 35. Construction Permits Fire Department Review: Any changes to the existing floor plan shall require submittal of construction plans to the Office of the Fire Marshal for construction, installation and operational use permitting. Final fire and life safety conditions will be addressed when the Office of the Fire Marshal reviews these plans. These conditions will be based on occupancy, use, California Building Code (CBC), California Fire Code, and related codes, which are in effect at the time of building plan submittal. a. Plans shall include a building code analysis including occupant load calculations and egress plan if the occupant load exceeds 50 persons. 36. Fire Department Inspection: A fire department inspection is required prior to occupancy/business license approval. Please contact the fire department at fireservices@beaumontca.gov to schedule. 37. Addressing: All commercial buildings shall display street numbers in a prominent location on the address side and additional locations as required. Ref. CFC 505.1 and County of Riverside Office of the Fire Marshal Standard #07-01 38. Knox Box: Buildings shall be provided with a Knox Box. The Knox Box shall be installed in an accessible location approved by the Office of the Fire Marshal. Keys to the tenant suite shall be provided on a durable marked key ring. Ref. CFC 506.1 POLICE DEPARTMENT 39. The address of the business shall be clearly visible from the front of the building and shall be illuminated during hours of darkness. 40. Remove graffiti from premises and parking lot. 41. The applicant shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control. Page 45 of 69 CUP2023-0071 Draft Conditions of Approval Page 6 42. Applicant is required to install lighting outside of the facility in order to illuminate areas of the property that are dark. The lighting should eliminate shadows, and areas for individuals to hide. All parking lot areas shall include sufficient lighting to provide safety for individuals and property. Any proposed outside lighting shall be in compliance with the City’s Lighting Ordinance, Chapter 8.50, of the City of Beaumont Municipal Code. 43. If the business chooses to provide live entertainment, they shall abide by all regulations, including the City of Beaumont Municipal Code section 9.03 (Regulation of Special Events). 44. The applicant shall comply with all applicable local, county, state and federal regulations, including the City’s Municipal Code and the California Business and Professions Code (B&P). 45. The applicant shall comply with applicable local (Chapter 9.08 Gambling of the Beaumont Municipal Code), county, state and federal regulations related to gambling. 46. The applicant shall have security cameras operating at all times when the business is operating. Security camera quality, lighting, and positioning must be capable of providing facial recognition in key areas in and around the facilities, including the parking lot area, during operational hours. During hours of operation, a staff member shall be present who has the authority to meet law enforcement’s request to view and/or copy images captured on the video surveillance system. All images must be recorded and retained for at least 30 days. 47. There shall be no unpermitted alcohol sales or use or cannabis sale or use. 48. The applicant shall comply with all applicable local, county, state and federal regulations, including the City’s Municipal Code and the California Business and Professions Code (B&P). 49. No window coverings shall prevent visibility of the interior of the tenant space from outside the premises during operating hours. Any proposed window tint shall be approved in advance by the Beaumont Police Department. Page 46 of 69 CUP2023-0071 Draft Conditions of Approval Page 7 DISABILITY ACCESS REQUIREMENTS AND RESOURCES NOTICE TO APPLICANTS FOR BUSINESS LICENSES AND COMMERCIAL BUILDING PERMITS: Under federal and state law, compliance with disability access laws is a serious and significant responsibility that applies to all California building owners and tenants with buildings open to the public. You may obtain information about your legal obligations and how to comply with disability access laws at the following agencies: DEPARTMENT OF GENERALSERVICES, Division of the State Architect, CASp Program www.dgs.ca.gov/dsa www.dgs.ca.gov/casp DEPARTMENT OF REHABILITATION Disability Access Services www.dor.ca.gov www.dor.ca.gov/home/ disabilityaccessservices DEPARTMENT OF GENERALSERVICES, California Commission on Disability Access www.dgs.ca.gov/ccda www.ccda.ca.gov/ resources CERTIFIED ACCESS SPECIALIST INSPECTION SERVICES Compliance with state and federal construction-related accessibility standards ensures that public places are accessible and available to individuals with disabilities. Whether your business is moving into a newly constructed facility, or you are planning an alteration to your current facility, by engaging the services of a Certified Access Specialist (CASp) early in this process you will benefit from the advantages of compliance and under the Construction-Related Accessibility Standards Compliance Act (CRASCA, Civil Code 55.51- 55.545), also benefit from legal protections. Although your new facility may have already been permitted and approved by the building department, it is important to obtain CASp inspection services after your move-in because unintended access barriers and violations can be created, for example, placing your furniture and equipment in areas required to be maintained clear of obstructions. For planned alterations, a CASp can provide plan review of your improvement plans and an access compliance evaluation of the public accommodation areas of your facility that may not be part of the alteration. A CASp is a professional who has been certified by the State of California to have specialized knowledge regarding the applicability of accessibility standards. CASp inspection reports prepared according to CRASCA entitle business and facility owners to specific legal benefits, in the event that a construction-related accessibility claim is filed against them. To find a CASp, visit www.apps2.dgs.ca.gov/DSA/casp/casp_certified_list.aspx. Page 47 of 69 CUP2023-0071 Draft Conditions of Approval Page 8 GOVERNMENT TAX CREDITS, TAX DEDUCTIONS AND FINANCING State and federal programs to assist businesses with access compliance and access expenditures are available: Disabled Access Credit for Eligible Small Businesses FEDERAL TAX CREDIT—Internal Revenue Code Section 44 provides a federal tax credit for small businesses that incur expenditures for the purpose of providing access to persons with disabilities. For more information, refer to Internal Revenue Service (IRS) Form 8826: Disabled Access Credit at www.irs.gov. STATE TAX CREDIT—Revenue and Taxation Code Sections 17053.42 and 23642 provide a state tax credit similar to the federal Disabled Access Credit, with exceptions. For more information, refer to Franchise Tax Board (FTB) Form 3548: Disabled Access Credit for Eligible Small Businesses at www.ftb.ca.gov. Architectural and Transportation Barrier Removal Deduction FEDERAL TAX DEDUCTION—Internal Revenue Code Section 190 allows businesses of all sizes to claim an annual deduction for qualified expenses incurred to remove physical, structural and transportation barriers for persons with disabilities. For more information, refer to IRS Publication 535: Business Expenses at www.irs.gov. California Capital Access Financing Program STATE FINANCE OPTION—The California Capital Access Program (CalCAP) Americans with Disabilities Act (CalCAP/ADA) financing program assists small businesses with financing the costs to alter or retrofit existing small business facilities to comply with the requirements of the federal ADA. Learn more at www.treasurer.ca.gov/cpcfa/calcap/. FEDERAL AND STATE LEGAL REQUIREMENTS ON ACCESSIBILITY FOR INDIVIDUALS WITH DISABILITIES AMERICANS WITH DISABILITIES ACT OF 1990 (ADA) —The ADA is a federal civil rights law that prohibits discrimination against individuals with disabilities, and requires all public accommodations and commercial facilities to be accessible to individuals with disabilities. Learn more at www.ada.gov. CALIFORNIA BUILDING CODE (CBC)—The CBC contains the construction-related accessibility provisions that are the standards for compliant construction. A facility’s compliance is based on the version of the CBC in place at the time of construction or alteration. Learn more at www.dgs.ca.gov/bsc. End of Conditions Page 48 of 69 Page 49 of 69 LAND USE DESIGNATIONS City Boundary Sphere of Influence TOD Overlay Open Space Employment District Industrial High Density Residential Traditional Neighborhood Single Family Residential Rural Residential 1 Rural Residential 10 Rural Residential 40 Urban Village Downtown Mixed Use General Commercial Neighborhood Commercial Public Facilities General Plan Land Use Designation SITE 2nd St Project Site Page 50 of 69 SITE Zoning Map SITE 2nd St. 1st St. Project Site Page 51 of 69 *IMPORTANT* Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. © Riverside County GIS Legend CUP2023-0071 Aerial Photograph Notes REPORT PRINTED ON...7/17/2023 4:32:04 PM Refuge Cigar Lounge 0 376188 Feet Parcels Blueline Streams City Areas World Street Map Page 52 of 69 Page 53 of 69 Page 1 of 6 CUP2023-0071 Refuge Cigar Lounge Site Photographs Looking West towards East parking lot from 7th Street Looking South East towards East parking lot from 7th Street Page 54 of 69 Page 2 of 6 Looking South East towards East parking lot from 7th Street Looking South West towards East parking lot from 7th Street Page 55 of 69 Page 3 of 6 Looking South from 7th Street into East parking lot Looking South from the corner of 7th Street and Beaumont Avenue Page 56 of 69 Page 4 of 6 Looking at the main entrance of Refuge Cigar Lounge from Beaumont Avenue Looking South from inside of East parking lot Page 57 of 69 Page 5 of 6 Looking South from inside of East parking lot Looking South from inside of East parking lot Page 58 of 69 Page 6 of 6 Looking north from inside of East parking lot Page 59 of 69 Staff Report TO: City Council FROM: Christina Taylor, Deputy City Manager DATE February 21, 2023 SUBJECT: Determination of Use Per Beaumont Municipal Code Chapter 17.02.020 Description Determination of use for a “cigar lounge” as required per Beaumont Municipal Code Chapter 17.02.020. Background and Analysis: The Beaumont Municipal Code Chapter 17.02.020 states “The Community Development Director, upon written request or upon their own initiative, when a use is not specifically listed as a permitted use or conditional use under a particular zone, and when that use is proposed or classification is requested, shall determine whether the use is sufficiently similar to a listed use in the particular zone to justify a finding that it should be deemed a permitted use or a conditional use in one or more zones.” Planning staff has received interest in establishing a cigar lounge within the downtown area. A cigar lounge is not specified in the Municipal Code as a permitted use. Beaumont Municipal Code Chapter 17.02.020 (F) specifies “Before permitting or classifying an unlisted use the director shall first determine all of the following conditions exist”: (1) The proposed use would meet the objectives of the zone; (2) The proposed use and its operation are compatible with the uses permitted in the zone; (3) The proposed use is similar to one or more uses in the zone; and (4) The director shall notify the planning commission and city council of determination of use. Staff has reviewed the alcohol service and sales and entertainment uses allowed City wide as well as those allowed in the downtown area. Current uses including bars and lounges and billiard halls are permitted or conditionally permitted in a variety of commercial zones throughout the City. Staff considers a cigar lounge to be similar to bars and lounges currently listed in the municipal code, meeting requirement three (3) above. The classification of cigar lounges as an entertainment use or as a typical bar or Page 60 of 69 lounge would meet the objectives of the commercial zones and would be complimentary to other uses, especially in the downtown, meeting objectives one (1) and two (2). Objective two (2) requires the proposed use to be compatible with other uses permitted in the zone. Since a specific location has not yet been identified, staff recommends through this determination, cigar lounges must be located in a commercial zone and be subject to Conditional Use Permit approval by the Planning Commission. The Conditional Use Permit process allows staff from all City departments to review and provide conditions of approval on project or use prior to the proposal being considered for approval. This will ensure location and operational standards are compatible with surrounding uses and are made clear to the applicant prior to a Planning Commission hearing. The Conditional Use Permit process also requires a public hearing, allowing opportunity for the public to provide input on the proposal. Objective four (4) states “The director shall notify the Planning Commission and City Council of determination of use.” This staff report to City Council serves as the Director’s determination and meets objective four (4). If approved by City Council, a report will be provided to Planning Commission notifying the Commission of the determination. Fiscal Impact: None. Recommended Action: Concur with staff’s determination of use for cigar lounges as presented in the staff report. Page 61 of 69 Page 62 of 69 From:Carole Kendrick To:Christina Taylor; Jillian Fountain Subject:Fwd: Cigar lounge CUP2023-0071 Date:Thursday, July 20, 2023 2:38:13 PM Fyi Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android From: Matt Herr <mattherr@napahq.com> Sent: Thursday, July 20, 2023 2:32:10 PM To: Carole Kendrick <CKendrick@beaumontca.gov> Subject: Cigar lounge CUP2023-0071 Carol, Thank you for your time on the phone today. This email is for consideration in the conditional use permit regarding the proposed cigar lounge. I am the owner of the NAPA Auto Parts business and building at 636 Beaumont Ave. I currently have an on-going parking challenge with patrons of the businesses in the building(s) to the immediate south of me consistently using and sometimes filling our parking area. Therefore, my concern with the proposed cigar lounge has to do with additional parking impacts to my building and operations. Currently the building cigar lounge is proposed to open in already contains Craft Lounge Taproom, Hair’em Salon, a Barber shop, and All American Mattress & Recliners. The nature of the craft lounge taproom, Hair’em Salon, and Barber shop would seem to have customers staying in facility for extended periods of time. I am questioning what quantity of parking stalls, both regular and ADA, are required businesses for these existing businesses? I question if this is even enough as is. Regarding cigar lounge, their parking requirement should be similar to the craft lounge as patrons would typically stay extended periods. What will be the added parking stall requirement, both regular and ADA, associated with this conditional permit? Does the master building parking have enough stalls, regular and ADA, to accommodate the accumulative value of all businesses existing within the sub-suites? I have heard that the craft lounge and cigar are looking to have a joint/cross traffic use. While customers might appreciate both services, the ABC liquor license does not allow cross traffic with the alcohol beverage, and with these being separate businesses they should each have to provide the correct parking. Existing parking behind building – a significant portion of this parking has been converted to exterior container storage unit(s) and exterior seating/tabletop areas. This has consumed approximately 50% (and in some cases more) of the parking originally designed for the building into non-parking utilization. It doesn’t seem appropriate that these businesses are allowed to be permitted and operate with diminished parking of which the NAPA property becomes the overflow use. Page 63 of 69 Additionally, what parking spaces did exist, the businesses have chosen to reduce spaces in favor or outdoor seating and container storage. With this limited parking, I urge the City to not allow the cigar lounge as I do not see that adequate parking has been enabled. I would very much like a follow up to understand the parking requirement or other discussions regarding this permit. Thank you, Matt Herr 760-518-7988 Page 64 of 69 LEGAL ADVERTISEMENT NOTICE IS HEREBY GIVEN, that the City of Beaumont will conduct public hearings to consider the matter described below. The Planning Commission’s public hearing will be held at 6:00 p.m. on Wednesday, July 26, 2023, at 550 East Sixth Street, Beaumont, California. CONDITIONAL USE PERMIT CUP2023-0071, Conduct a public hearing and consideration of a request for the approval of a Conditional Use Permit (CUP) to operate a new cigar lounge/ tobacconist’s store, -“Refuge Cigar Lounge“-, with hours of operation between 11:00 am-10:00 pm, 7 days a week, located within a suite of an existing multiple tenant building at 688 Beaumont Avenue on the northeast corner of Beaumont Avenue and 7th Street within the Downtown Mixed Use Zone. The proposed application is exempt from the provisions of the California Environmental Quality Act (Class 01 – Existing Facilities). (APN: 418-074-001) The applicant for this project is Ronald Arellano, The Refuge Cigar Lounge Inc. Public comments can be made in person, using the public comment phone line or by written email. Phone-in comments will be accepted by calling the designated public comment phone line (951) 922-4845 prior to the corresponding item. Public comments shall not exceed three minutes unless otherwise authorized by City Council. Written comments can be emailed to NicoleW@BeaumontCa.gov Public comments accepted via email will be read aloud during the corresponding item of the meeting. Comments can be submitted any time prior to the meeting as well as during the meeting until the end of the corresponding item. This meeting will be conducted in person and also and will be recorded for live streaming. All City of Beaumont public meetings will be made available via live streaming and made available on the City’s official YouTube webpage. Please use the following link during the meeting for live stream access: BeaumontCa.gov/Livestream Jillian FountainAssistant Plannerjfountain@beaumontca.govThe Press-EnterprisePublished: 7/14/23 Page 65 of 69 Page 66 of 69 Page 67 of 69 Page 68 of 69 Staff Report TO: Planning Commissioners FROM: Carole Kendrick, Planning Manager DATE September 13, 2023 SUBJECT: APPLICANT: Conditional Use Permit No. CUP2023-0072 for LAB Batting Cages located at 252 W. Fourth Street, Unit G (APN:417-100-027) D. Warren Windham Description A request to operate a batting cage and performance training facility within an existing building located at 252 W. Fourth Street, Unit G in the Manufacturing zone. Background and Analysis: This permit request was advertised as a Public Hearing, however during the staff report preparation for the proposed project, it was determined that the project needs additional information and research necessary on items related to the preparation of the staff report. Staff is requesting that the Planning Commission state for the record that the Public Hearing will be continued to September 27, 2023, Planning Commission meeting. Recommended Action: Continue CUP2023-0072 to the September 27, 2023, Planning Commission meeting, without discussion. Page 69 of 69