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HomeMy WebLinkAbout05_014 DH Resolution DH RESOLUTION NO. 2005-014 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA05-0212, A CONDITIONAL USE PERMIT APPLICATION TO UPGRADE A TYPE 41 LICENSE (ON SALE BEER AND WINE - EATING PLACE) TO A TYPE 47 LlCENSE(ON SALE GENERAL - EATING PLACE) FOR THE SEOUL GALBI RESTAURANT LOCATED IN AN EXISTING 2,200 SQUARE FOOT SUITE IN THE COMMUNITY COMMERCIAL ZONE AT 41925 MOTOR CAR PARKWAY. (APN 921-680-015) , WHEREAS, Dick Evitt, All Star Realty, filed Planning Application No. PA05-0212, in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA05-0212 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Director, at a regular meeting, considered Planning Application No. PA05-0212 on October 6, 2005, 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; WHEREAS, at the conclusion of the Planning Director's Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA05- 0212 subject to the conditions after finding that the project proposed in Planning Application No. PA05-0212 conformed to the City of Temecula General Plan and Development Code. NOW, THEREFORE, THE DIRECTOR OF PLANNING OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinas. The Planning Director, in approving Planning Application No. PA04-0212 (Conditional Use Permit) hereby makes the following findings as required by Section' 17.04.010 of the Temecula Municipal Code; A. The proposed conditional use is consistent with the General Plan and the Development Code; The proposal to upgrade an alcohol license from a Type 41 license(on sale beer and wine - eating place) to a Type 47 license (on sale general- eating place) for an existing restaurant in the Community Commercial zone is consistent with the land use designation and policies reflected for the Community Commercial (CC) land use designation within in the City of Temecula's General Plan, as well as the devl3lopment standards for the Community Commercial zone (CC) in the City of Temecula. Development Code. The site is, therefore, properly planned and zoned and found to be physically suitable for the proposed use. G:lPlanning\2005\PA05-0212 Seoul Galbi - MCUPlPlanninglFINAL CUP DH RESOLUTION & COAs.doc 1 B. . The proposed conditional use is compatible with the nature, condition and development of adjacent uses. buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures; The proposed conditional use is compatible with adjacent land uses as defined in the General Plan. Staff has reviewed the proposed use against the adjacent land uses and has determined that the proposed use will be consistent with the surrounding uses. The area in which the project is to be located has a mixture of uses which includes retail, commercial, and restaurant uses. The proposed use will not adversely affect any of the surrounding properties because the use will occur within an existing building at an existing restaurant that currently holds an alcohol license. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping and other development features prescribed in this development code and required by the Planning Commission, or City Council in order to integrate the use with other uses in the neighborhood; Staff has reviewed the proposed project to determine consistency with the Development Code and has found that the project meets all of the applicable requirements. The proposed use will not have an effect on the existing yard, parking and loading, landscaping, and other development features required by the Development Code as the proposed use is an upgrade to an alcohol license for an existing restaurant. In addition, the City Police Department has reviewed the proposed project and has issued conditions of approval. Section 3. Environmental ComDliance. A Notice of Exemption has been prepared and adopted by the Director of Planning in accordance with Class 1, Section 15301 of CEQA Guidelines. Section 4. Conditions. That the City of Temecula Director of Planning hereby approves Planning Application No. PA05-0212 (Conditional Use Permit) located at 43153 Business Park Drive, further known as APN 921-710-006, subject to the conditions of approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any other conditions that may be deemed necessary. Section 5. of Planning thi ~ J PASSED, APPROVED AND ADOPTED by the City of Temecula Director of October 2005. Don Hazen, Principal Planner I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 2005-014 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 6th day of October 2005. . G:lPlanningl2005IPA05-o212 Seoul Galbl- MCUPlPlannlnglFlNAL CUP DH RESOLUTION & cOAs.doc 2 EXHIBIT A FINAL CONDITIONS OF APPROVAL G:lPlannlng\200SIPAOS-0212 Seoul Galbi - McUPlP1anning\FINAL CUP DH RESOLUTION & cOAs.doc 3 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA05-0212 Project Description: A Conditional Use Permit to upgrade a Type 41 (on sale beer and wine - eating place) license to a Type 47 (on sale general - eating place) license for the Seoul Galbl Restaurant located in an existing 2,200 square foot suite at 41925 Motor Car Parkway. (APN 921-680- 015) Development Impact Fee: Community Commercial MSHCP Category: Community Commercial Approval Date: Expiration Date: October 6, 2005 October 6, 2007 WITHIN FORTY-EIGHT (48) HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 1. The applicant/developer shall deliver to the Planning Department 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 211 08(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). G:lPlanning\200SIPAOS-0212 Seoul Galbl- MCUPlPlanninglFINAL CUP DH RESOLUTION & cOAs.doc 4 GENERAL REQUIREMENTS G:lPlanning\2005\PAOS-0212 Seoul Galbl- MCUPlPlanningIFINAL CUP DH RESOLUTION & cOAs.doc S Planning Department 2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultantr., contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 3. 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. 4. The Director of Planning may, upon an application being filed within thirty days prior to expiration and for good cause, grant a time extension of up to three, one-year extensions of time, one year at a time. 5. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. 6. The applicant shall comply with their Statement of Operations attached and on file with the Planning Department, unless superceded by these conditions of approval. 7. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 8. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 9. Prior to the commencement of any sale of distilled spirits, the applicant shall submit verification the Department of Alcohol Beverage Control has issued the necessary Type 47 license (off-sale general - eating places). Police Department 10. Applicant currently has a Type 41 (On Sale Beer & Wine) (Eating Place) through the Riverside District Office of Alcoholic Beverage Control. Authorizes the sale of beer and wine for consumption on or off the premises where sold. Minors are allowed on premises. G:lPlannlng\2005\PAOS-0212 Seoul Galbi - McUPlPlanning\FINAL CUP DH RESOLUTION & cOAs.doc 6 11. Applicant has applied for an upgrade to a Type 47 (On Sale General - Eating Place) (Restaurant) through the Riverside District Office of Alcoholic Beverage Control. Authorizes the sales of beer, wine and distilled spirits for consumption on the licensed premises. Authorizes the sale of beer and wine for consumption off the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Must make actual and substantial sales of meals, during the normal meals hours that they are open, at least five days a week. Nermal mealtimes are 6:99am 9:QQam, 11 :99am 2:9Qpm, aRel6:99pm 9:99pm. Premises that are not open five days a week must serve meals on the days they are open. Minors are allowed on the premises. (Deleted at October 6, 2005 Director's Hearing) 12. Applicant will also comply with City Ordinance 97-07, (9.14.010 Temecula Municipal Code series). 13. Identification will be verified utilizing one of the following: a. A valid California Driver's License. b. A valid California Identification Card. c. A valid Military Identification Card (Active/Reserve/RetiredlDependent). d. A valid Driver's License from any of the Fifty States or Territories of the United States. e. A valid U.S. Pa.ssport. f. A valid government issued identification card issued by a federal, state, county or City agency. 14. As noted above, only a valid government issued identification card issued by a federal, state, county or City agency is acceptable, providing it complies with the below requirements. (25660 Business and Profession Code). a. Name of person. b. Date of birth. c. Physical description. d. Photograph. e. Currently valid (not expired). 15. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. The Temecula Police Department provides free training for all employers and employees involved in the service and sales of alcoholic beverages. It is the reeponsibility of the applicant to set up a training session for all new employees working at Gourmet Italia. Contact the Temecula Police Crime Prevention and Plans Officer at (951) 695-2773 to set up a training date. Training must be completed prior to the opening of this business under the new alcohol license and periodic updated training when new employees! management are hired. G:lPlanningl200SIPAOS-0212 Seoul Galbi - MCUPlPlanninglFlNAL CUP DH RESOLUTION & cOAs.doc 7 16. Attire and Conduct - On-sale licensees may not permit these acts: a. To employ or use any person in the sale or service of alcoholic beverages in or upon the licensed premises while such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals. b. To employ or use the services of any hostess or other person to mingle with the patrons while such hostess or other person is unclothed or in such attire, costume or clothing as described in paragraph (1) above. c. To encourage or permit any person on the licensed premises to touch, caress, or fondle the breasts, buttocks, anus or genitals of any other person. d. To permit any employee or person to wear or use any device or covering, exposed to view, which simulates the breast, genitals, anus, pubic hair or any portion thereof. (Rule 143.2 CCR. Also violates Section 311.6 PC if conduct is "obscene;" e.g., intercourse, sodomy, masturbation, etc.) 17. Authority of Peace Officers!Refusing Inspection - Police officers, sheriffs' deputies, and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer. (Sections 25616,25753, and 25755 B&P; 148 and 241 (b) PC) 18. Conditional Licenses - Some ABC licenses have special restrictions (conditions) limiting the hours of alcohol sales, type of entertainment, etc. Licensees must keep a copy of any conditions on the ;>remises, abide by them, and show them to any peace officer upon request. (Sections 23800-23805 B&P) 19. Contaminated Beverages - Licensees and their employees may not sell, furnish or give away alcoholic beverages containing any deleterious or poisonous substance. (Section 347(b) PC) Licensees may not allow open bottles of alcoholic beverages to become contaminated with insects or other foreign matter (Sections 25620, 25623 and 25634 H&S) . 20. Disorderly Conduct: a. Lewd conduct in public b. Prostitution c. Accosting others for the purpose of begging d. Loitering in or about public toilets for a lewd or lascivious purpose e. Loitering without apparent reason and refusing to identify oneself upon request of any peace officer G:lPlanning\200SIPAOS-0212 Seoul Galbi . MCUPlPlanninglFlNAL CUP DH RESOLUTION & cOAs.doc 6 f. Being under the influence of alcohol and/or drugs in public and unable to exercise care for one's own safety or the safety of others. (647 PC) 21. Disorderly House - Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off-sale) that (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc., and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premise includes the parking lot. (Section 25601 B&P; 316 PC) 22. Drink Solicitation - On-sale licensees may not: a. Employ hosts, hostesses, or entertainers who solicit others to buy them drinks, alcoholic or non-alcoholic b. Payor agree to pay such an employee a percentage of the receipts from the sales of drinks solicited c. Permit any person, whether an employee or not, to loiter for the purpose of soliciting an alcoholic drink (Sections 24200.5(b) and25657(a)(b) B&P; Rule 143 CCR; Section 303(a) PC) G:lPlannlng\200SIPAOS-0212 Seoul Galbi - MCUPlPlannlng\FINAL CUP DH RESOLUTION & cOAs.doc 9 OUTSIDE AGENCIES G:lPlannlng\2005IPAOS-0212 Seoul Gal~l- MCUPlPlanning\FINAL CUP DH RESOLUTION & cOAs.doc 10 23. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated August 17, 2005, a copy of which is attached. 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. Date Applicant's Signature Applicant's Printed Name G:lPlanning\2005\PAOS-0212 Seoul Galbl- MCUPlPlanningIFINAL CUP DH RESOLUTION & cOAs.doc 11 ~~ o CuUNTY OF RIVERSIDE · HEALd SERVICES AGENCY 0 DEPARTMENT OF ENVIRONMENTAL HEALTH August 17, 2005 ;/ City ofTemecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 Attention: Harmony Bales ....;,. ff! AUG J 92005 .._-':-:-::---~--- RE: Minor Conditional Use Permit No. PA05-0212 ":.J Dear Ms. Bales: 1. Department of Environmental Health has reviewed the minor conditional use permit to upgrade alcohol use from beer and wine to beer, wine and distilled spirits and has no objections. The development indicates that a new exhaust hood is to be installed, as well. . 2. PRIOl~ TO THE ISSUANCE OF BUILDING PERMITS THE FOLLOWING SHOULD BE REQUIRED: a) For the new exhaust hood the local Environmental Health Department office is to be contacted order to ensure compliance with the California Uniform Retail Food Facilities Law 2. Please contact Food Facility Pian Examiners at (951) 600-6330. Sincerely, Supervising Enviro (909) 955-8980 . NOTE: Any current additional requirements not covered can be applicable at time of Building Plan review for final Department of Environmental Health cleaIanCe. Health Specialist Local Enforcement Agencv . P.O. Box 1280, Riverside, CA 92502-1280 . (909) 955-8982 . FAX (909) 781-9653 . 4080 Lemon Street, 9th Floor, Riverside, CA nS01 Land Use and Water Engineering' P.O. Box 1206, Riverside, CA 92502-1206 . (909) 955-8980 . FAX (909) 955-8903 . 4080 Lemon Street, 2nd Floor. Riverside. CA 92501