HomeMy WebLinkAbout02-09 DH ResolutionDH RESOLUTION NO. 2002-009
A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION NO.
02-0622 A MINOR CONDITIONAL USE PERMIT TO UPGRADE
THE CURRENT ALCOHOL BEVERAGE CONTROL (ABC)
LICENSE FROM A TYPE 41 (ON SALE BEER AND WINE
LICENSE) TO A TYPE 47 (ON-SALE GENERAL LICENSE) FOR
BANZAI JAPANESE STEAKHOUSE LOCATED IN THE
WINCHESTER SQUARE SHOPPING CENTER AT 27533
JEFFERSON AVENUE ON THE NORTHWEST CORNER OF
JEFFERSON AVENUE AND OVERLAND DRIVE, KNOWN AS
ASSESSOR'S PARCEL NO. APN 909-240-026.
WHEREAS, Thuan Thi Nguyen, filed Planning Application No. 02-0622, in accordance
with the City of Temecula General Plan and Development Code; and
WHEREAS, Planning Application No.02-0622 was processed including, but not limited
to public notice, in the time and manner prescribed by State and local law; and
WHEREAS, the application was processed in accordance with the California
Environmental Quality Act; and
WHEREAS, the Planning Director held a duly noticed public hearing on December 19,
2002 to consider the application; and
WHEREAS, the Planning Director considered Planning Application 02-0622 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; and
WHEREAS, at the conclusion of the Planning Director and after due consideration of the
staff report and public testimony, the Planning Director approved the request for a Minor
Conditional Use Permit; and
NOW, THEREFORE, THE PLANNING DIRECTOR OF THE CITY OF TEMECULA
DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct and are hereby
incorporated by reference.
Section 2. Findinqs. The Planning Director, in approving the request for a Minor
Conditional Use Permit hereby makes the following findings:
Minor Conditional Use Permit {Chapter 17.04.010.E.1 )
1. The proposed conditional use is consistent with the general plan and the
development code.
The request for an upgrade from a Type-41 (On Sale Beer and Wine) ABC license to a
Type 47 (On Sale General) ABC license authorizing the sale of beer, wine and distilled
spirits for consumption on the premises where sold is consistent with the land use
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designation and polices reflected in the Community Commercial (CC) land use
standards in the City of Temecula General Plan, as well as the development standards
for the Community Commercial (CC) zoning district contained in the City's Development
Code.
2. The proposed minor conditional use is compatible with the nature, condition and
development of adjacent uses, buildings and structures and the proposed minor conditional use
will not adversely affect the adjacent uses, buildings or structures.
Staff in its review of the project has determined that this conditional use will be
compatible with adjacent commercial uses in the surrounding area. The request does
not propose any changes to the exterior of the building or the existing site development.
Therefore, the project as proposed will not adversely affect the adjacent uses, buildings
or structures.
3. The nature of the proposed minor conditional use is not detrimental to the health,
safety and general welfare of the community.
The proposed use is not detrimental to the health, safety and general welfare of the
community in that the request for an upgraded alcohol license is intended for an existing
restaurant which already possesses a Type-41 (On-Sale Beer and Wine) ABC license
for on-site consumption. Additionally the Alcohol Beverage Control Board in conjunction
with the Temecula Police Department will have the final decision on whether to issue the
Typ-4 7 license.
4. The decision to approve the application for a minor conditional use permit is
based on substantial evidence in view of the record as a whole before the Planning Commission
or City Council on appeal.
This application has been brought before the Planning Director at a Public Hearing
where members of the public have had an opportunity to be heard on this matter before
the Commission renders her/his decision.
Section3. Environmental Compliance. A Notice of Exemption for Planning
Application No. 02-0622 was made per the California Environmental Quality Act Guidelines,
Section 15301 Class 1 (Existing Facilities), since the project only involves a negligible
expansion of use beyond that which already exists.
Section 4. Conditions. That the City of Temecula Director of Planning hereby
conditionally approves Planning Application No. 02-0622 (Minor Conditional Use Permit)
attached hereto on Exhibit A, and incorporated herein by this reference together with any and all
necessary conditions that may be deemed necessary.
Section 5.
Planning Director this 19th day of December 2002.
Don Haz~a~ Planner
PASSED, APPROVED AND ADOPTED by the City of Temecula
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I, Lisa Kau, Secretary of the Temecula Director's Hearing, do hereby certify that DH
Resolution No. 2002-009 was duly and regularly adopted by the Planning Director of the City of
Temecula at a regular meeting thereof held on the 19th day of December, 2002,
Lisa Kau, Secretary
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EXHIBIT A
CONDITIONS OF APPROVAL
PA02-0622 MINOR CONDITIONAL USE PERMIT
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EXHIBIT A
CITY OFTEMECULA
CONDITIONS OF APPROVAL
Planning Application No: PA02-0622 (Minor Conditional Use Permit)
Project Description:
A Minor Conditional Use Permit to upgrade the
existing Type 41 (On Sale Beer and Wine) ABC license
to a Type 47 (On Sale General) license authorizing the
sale of beer, wine and distilled spirits for consumption
on the licensed premises.
Assessor's Parcel No: 909-240-026
Approval Date:
December 19, 2002
Expiration Date:
December 19, 2004
PLANNING DEPARTMENT
Within Forty-Eight (48) Hours of the Approval of this Project
The applicant shall deliver to the Community Development Department - Planning
Division a cashier's check or money order made payable to the County Clerk in the
amount of sixty-four Dollars ($64.00) for the County administrative fee, to enable the City
to file the Notice of Exemption as provided under Public Resources Code Section
21108(b) and California Code of Regulations Section 15062. If within said forty-eight
(48) hour period the applicant has not delivered to the Community Development
Department - Planning Division the check as required above, the approval for the project
granted shall be void by reason of failure of condition (,Fish and Game Code Section
711.4(c).
General Requirements
The permittee/applicant shall indemnify, protect and hold harmless, the City and any
agency or instrumentality thereof, and/or any of its officers, employees, and agents from
any and all claims, actions, or proceedings against the City, or any agency or
instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside,
void, annul, or seek monetary damages resulting from an 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
which action is brought within the appropriate statute of limitations period and Public
Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the
way of limitations Section 21152 and 21167). The City shall promptly notify the
permittee/applicant of any claim, action, or proceeding brought forth within this time
period. The City shall estimate the cost of the defense of the action and applicant shall
deposit said amount with the City. City may require additional deposits to cover
anticipated costs. City shall refund, without interest, any unused portions of the deposit
once the litigation is finally concluded. Should the City fail to either promptly notify or
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cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify,
defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any
of its officers, employees, or agents. Should the applicant fail to timely post the required
deposit, the Director may terminate the land use approval without further notice to the
applicant.
The applicant shall comply with their Statement of Operations on file with the Community
Development Department -~Planning Division, unless superceded by these conditions of
approval.
All conditions shall be complied with prior to any occupancy or use allowed by this
conditional use permit.
This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's
Development Code.
The permittee shall obtain City approval for any modifications or revisions to the
approval of this Conditional Use Permit.
This approval shall be used within two (2) 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 (2) year period, which is thereafter diligently
pursued to completion, or the beginning of substantial utilization contemplated by this
approval.
The applicant shall sign both copies of the final conditions of approval that will be
provided by the Community Development Department - Planning Division staff, and
return one signed set to the Community Development Department - Planning Division for
their files.
TEMCULA POLICE DEPARTMENT
In accordance with the Temecula City Ordinance 9.14.010 and 9.14.020, no person shall
drink or have in his/her possession, with the intent to consume any part of the contents
thereof, any bottle, can or other receptacle containing beer, wine, liquor, fermented malt
beverage, intoxicating liquor, or other alcoholic beverage, which has been opened, or a
seal broken, or the contents of which have been partially removed, except on the
premises of a commercial establishment holding a valid on-sale license or permit from
the California Department of Alcoholic Beverage Control.
10.
The Temecula Police Department provides mandatory training for all businesses in the
City limits that sell any type of alcoholic beverages. Management must contact the
Temecula Police Crime Prevention and Plans Unit at (909) 506-2626 to schedule a
training session for all servers and bar personnel prior to serving any alcohol. The
Temecula Police Department conducts quarterly alcohol training for all businesses that
sell any type of alcoholic beverage. You will receive a letter every quarter advising of
this training. Any employee who has not met the required training must sign up for this
training.
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By placing my signature below, I confirm that I have read, understand, and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in
conformance with these conditions of approval and that any changes I may wish to make to the
project shall be subject to Community Development Department approval.
Applicant Printed Name
Applicant Signature
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