HomeMy WebLinkAbout08_002 DH ResolutionDH RESOLUTION NO. 08-002
A RESOLUTION OF THE PLANNING DIRECTOR OF THE
CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA08-0001, A MINOR CONDITIONAL
USE PERMIT TO ALLOW FOR THE INCIDENTAL SALE OF
BEER, WINE, AND DISTILLED SPIRITS (TYPE 47 ON-SALE
GENERAL -EATING ESTABLISHMENT) FROM AN EXISTING
RESTAURANT LOCATED AT 27576 YNEZ ROAD (APN 921-
320-041)
Section 1. Procedural Findings. The Planning Director of the City of Temecula
does hereby find, determine and declare that:
A. On January 3, 2008, Hana Sushi filed Planning Application No. PA08-
0001, Conditional Use Permit, in a manner in accord with the City of Temecula General
Plan and Development Code.
B. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Director, at a regular meeting, considered the Application
and environmental review on February 21, 2008, at a duly noticed public hearing as
prescribed by law, at which time the City staff and interested persons had an
opportunity to and did testify either in support or in opposition to this matter.
D. At the conclusion of the Director's Hearing and after due consideration of
the testimony, the Planning Director approved Planning Application No. PA08-0001
subject to Conditions of Approval, after finding that the project proposed in Planning
Application No. PA08-0001 conformed to the City of Temecula's General Plan and
Development Code.
Section 2. Further Findings. The Planning Director, in approving the Planning
Application No. PA08-0001 hereby makes the following findings as required by Section
17.040.010.E (Conditional Use Permit) of the Temecula Municipal Code:
Conditional Use Permit, Development Code Section 17.04.010E
A. The proposed conditional use is consistent with the General Plan and the
Development Code;
The proposed use is conditionally permitted in the Community Commercial
zoning designation contained in the City's Development Code and consistent
with the General Plan. The site is properly planned and zoned, and as
conditioned, is physically suitable for the use type proposed. The use, as
conditioned, is also consistent with other applicable requirements of State law
and local ordinances, including the Department of Alcoholic Beverage Control
(ABC), California Environmental Quality Act (CEQA), and fire and building codes.
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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 the nature, condition and
development of adjacent uses, buildings, and structures because it will provide
additional convenience for the community, and allow the business to be
competitive with other similar restaurants selling beer, wine, and distilled spirits in
the vicinity of the site.
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;
Hana Sushi restaurant is located in an existing structure and the proposed
conditional use to allow for the sale of beer, wine, and distilled spirits will not
have an affect upon the development features of the unit or the commercial
center in which the restaurant is located.
D. The nature of the proposed conditional use is not detrimental to the health,
safety and general welfare of the community;
The requirements for the proposed conditional use are intended to protect the
health and safety of those in and around the site. The project has been reviewed
for, and as conditioned, has been found to be consistent with all applicable
policies, guidelines, standards and regulations intended to ensure that the use
will function in a manner consistent with the public health, safety and welfare.
Section 3. Environmental Findings. The Director of Planning hereby make the
following environmental findings and determinations in connection with the approval of
the Conditional Use Permit application:
A. In accordance with the California Environmental Quality Act, the proposed
project has been deemed to be categorically exempt from further environmental review
(Section 15301, Class 1, Existing Facilities);
The project does not involve the expansion of an existing use. The project is to
permit the sale of alcoholic beverages from an existing restaurant within an
existing commercial center. The project involves no expansion of the restaurant
use beyond that existing currently.
Section 4. Conditions. That Planning Director of the City of Temecula hereby
approves Planning Application No. PA08-0001, a Minor Conditional Use Permit to allow
for the incidental sale of alcoholic beverages from an existing restaurant located at
27576 Ynez Road, subject to the Conditions of Approval set forth on Exhibit A, attached
hereto, and incorporated herein by this reference.
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Section 5. PASSED, APPROVED AND ADOPTED by the Planning Director of
the Cit f Te cula this 21St day of February 2008.
Patrick Richardson, Principal Planner
certify thi
Planning
February
Cynthia Lariccia, Secretary of the Temecula Director's Hearing,
3t DH Resolution No. 08-002 was duly and regularly adopted by the
of the City of Temecula at a regular meeting thereof held on the
2008.
do hereby
Director of
21St day of
Cy is Laricc' ,Secretary
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EXHIBIT A
FINAL CONDITIONS OF APPROVAL
SCANNED:
G DRIVE:
PERMITS PLUS:
INITIALS:
PLANNER:
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ACCEPTANCE OF CONDITIONS OF APPROVAL
I, Jun Cho, understand that Planning Application No. PA08-0001 has been approved with
Conditions of Approval which are set forth in Exhibit A. I have read the Conditions of
Approval contained in DH Resolution No. 08-002 and understand them. Through signing
this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of
Temecula that I will implement and abide by the Conditions of Approval, including any
indemnification requirements imposed by those conditions.
~~1 ~~
SIGNATURE
~~
DATE
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EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA08-0001
Project Description: A Minor Conditional Use Permit to allow for the
incidental sale of beer, wine, and distilled spirits at an
existing restaurant (Rana Sushi) located at 27576 Ynez
Road in the Temecula Town Center
Assessor's Parcel No. 921-320-041
MSHCP Category: N/A
DIF Category: N/A
TUMF Category: N/A
Approval Date: February 21, 2008
Expiration Date: February 21, 2010
WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT
Planning Department
The applicanUdeveloper shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount ofSixty-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 21152 and California Code of Regulations
Section 15062. If within said 48-hour period the applicanUdeveloper has not delivered to
the Planning Department 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)).
The applicant shall review and sign the Acceptance of Conditions of Approval document
that will be provided by the Planning Department staff and return the document with an
original signature to the Planning Department.
GENERAL REQUIREMENTS
Planning Department
3. 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
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any of its elected or appointed officials, officers, employees, consultants, contractors, legal
counsel, and agents. City shall promptly notify both the applicant and landowner of any
claim, action, or proceeding to which this condition is applicable and shall further cooperate
fully in the defense of the action. The City reserves the right to take any and all action the
City deems to be in the best interest of the City and its citizens in regards to such defense.
4. The applicant shall comply with their Statement of Operations dated January 3, 2008, on file
with the Planning Department, unless superseded by these Conditions of Approval.
This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's
Development Code.
The City, and its Planning Director, Planning Commission, and City Council retain and
reserve the right and jurisdiction to review and modify this Conditional Use Permit (including
the Conditions of Approval) based on changed circumstances. Changed circumstances
include, but are not limited to the modification of the business, a change in scope,
emphasis, size or nature of the business, and the expansion, alteration, reconfiguration or
change of use. The reservation of right to review any Conditional Use Permit granted or
approved or conditionally approved hereunder by the City, its Planning Director, Planning
Commission, and City Council is in addition to, and not in-lieu of, the right of the City, its
Planning Director, Planning Commission, and City Council to review and revoke or modify
any Conditional Use Permit approved or conditionally approved hereunderfor any violations
of the conditions imposed on such Conditional Use Permit or for the maintenance of any
nuisance condition or other code violation thereon.
The permittee shall obtain City approval for any modifications or revisions to the approval of
this Conditional Use Permit.
8. This approval shall be used within two years of the approval date; otherwise, it shall become
null and void. By use is meant the beginning of substantial construction contemplated by
this approval within the two-year period, which is thereafter diligently pursued to completion,
or the beginning of substantial utilization contemplated by this approval.
If commencement of the use has not occurred within two years of approval of this permit,
the permittee may file an application at lest thirty days prior to expiration of the conditional
use permit, apply for up to 3 one-year extensions of time. Each extension of time shall be
granted in one-year increments only.
10. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for
the facility shall ensure that the employee has received Licensee Education on Alcohol and
Drugs (L.E.A.D.) training from the California Department of Alcoholic Beverage Control.
11. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding
telephone numbers shall be posted at a conspicuous location within the building.
Information to assist in the compilation of this sign may be obtained through the Temecula
Valley Chamber of Commerce (telephone number 951-676-5090).
12. Regular hours of operation shall be between 11 a.m. and 10:30 p.m. Sunday through
Thursday, and 11 a.m. to 11:30 p.m. Friday and Saturday.
13. A separate building permit shall be required for all signage.
14. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
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Police Department
15. Applicant has applied for a Type 47 (On-Sale General -Eating Place (Restaurant) which
authorizes the sale of beer, wine and distilled spirits for consumption on the licensed
premises and 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.
Minors are allowed on the premises.
16. Applicant will also comply with City Ordinance 97-07, (9.14.010 Temecula Municipal Code
series).
17. 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/retired/dependent).
d. A valid driver's license from any of the fifty States or Territories of the United States
e. A valid U.S. Passport
f. A valid government issued identification card issued by a Federal, State, and County
or City agency
18. 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):
Name of person
Date of birth
c. Physical description
d. Photograph
Currently valid (not expired)
19. Drink Solicitation (Sections 24200.5(b) and 25657(a) (b) B&P; Rule 143 CCR: Section
303(a) PC): On-sale licensees may not:
a. Employ hosts, hostesses, or entertainers who solicit others to buy them drinks,
alcoholic or non-alcoholic.
b. Pay or 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.
20. Food Reouirements: Type 41, 47 and 49 licensees must operate and maintain their licensed
premises as a bona fide eating place. They must make actual and substantial sales of
meals, during the normal meal hours that they are open, at least five days a week. Normal
meal hours are: Breakfast 6:00 a.m. - 9:00 a.m., lunch 11:00 a.m. - 2:00 p.m., and dinner
6:00 p.m. - 9:00 p.m. Premises that are not open five days a week must serve meals on
the days they are open.
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The premises must be equipped and maintained in good faith. This means the premises
must possess working refrigeration and cooking devices, pots, pans, utensils, table service,
condiment dispensers, menus, posters, signs, and enough goods to make substantial
meals. The premises must comply with all regulations of the local health department.
Incidental, sporadic or infrequent sales of meals or a mere offering of meals without actual
sales is not compliance. "Meals' means the usual assortment of food commonly ordered at
various hours of the day. The service of only sandwiches or salads is not considered
compliance. However, certain specialty entrees, such as pizza, fish or ribs, and an
assortment of other foods, such as soups, salads, or desserts, may be considered a meal.
The Department will presume that a licensee is operating as a bona fide eating place if the
gross sales of food prepared and sold to guests on the premises exceeds the gross sales of
alcoholic beverages. "Prepared" means any processing preliminary to the final serving of
food. (Note: Some licensees have a "conditional" license that requires food sales to be
50% or more of the total gross sales). (Sections 23038 and 23787 B&P)
21. After Hours: Licensees may not sell, give, or deliver alcohol (by the drink or by the
package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly
purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P code). Licensees
may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m.
of the same day (even if someone bought the drinks before 2:00 a.m.). (Section 25632
B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are
stricter than the law. Those licenses are marked "Conditional." (23805 B&P).
22. 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).
23. 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 premises include the parking lot. (Section 25601
B&P; 316 PC).
24. Entertainers and Conduct: On-sale licensees who offer entertainment must abide by the
following rules: (1) No licensee shall permit any person to perform acts of or acts which
simulate: (a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation,
flagellation or any sexual acts which are prohibited by law. (b) The touching, caressing or
fondling on the breast, buttocks, anus or genitals. (c) The displaying of the pubic hair, anus,
vulva or genitals. (2) Subject to the provisions of subdivision (1) hereof, entertainers whose
breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18
inches above the immediate floor level and removed at least six feet from the nearest
patron. No licensee shall permit any person to remain in or upon the licensed premises who
exposes to public view any portion of his or her genitals or anus. (Rule 143.3 CCR. Also
violates sections 311.6 PC if conduct is "obscene," e.g., intercourse, sodomy, masturbation,
etc. )
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25. Law Enforcement Problem: Licensees may not permit their licensed premises to be a
problem for the local law enforcement agency by needing an undue number of calls for
service. The licensed premise includes the parking lot. (Sections 24200(a) B&P).
OUTSIDE AGENCIES
26. The applicant shall comply with the recommendations set forth in the County of Riverside
Department of Environmental Health's transmittal dated January 15, 2008, a copy of which
is attached.
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C~~~TY OF RIVERSIDE • COMNt~NITY
DEPARTMENT OF ENVIRONMENTAL HEALTH
City of Temecula
Planning Department
c/o Dana Schuma
PO BOX 9033
Temecula, CA 92589-9033
IS January 2008
RE: PA08-0001
The Department of Environmental Health (DEH) has received and reviewed the PA08-
0001 for the Conditional Use Permit (CUP) to allow a minor CUP permit for the
operation for the incidental sate of alcoholic beverages at an existing restaurant (Hana
Sushi), under the applicant: Hana Sushi.
The facility is located at (APN 921-320-041) 27576 Ynez Road in Temecula. Water and
sewer availability for customer use can be found along Ynez Road. However, food
vending or restaurant use of the facility shall require food plan check compliance by the
County of Riverside DEH. Please call Bonnie Dierking, Supervising RES at
951.461.0284 within 24 hours of the City's receipt fax of these conditions.
If you have any questions, please do not hesitate to call me at 951.600.6180
Sincerely,
i
Gregor Dellenbach, REHS
EHS080079 ($234.00)
Local Enforcement Agency • P.O. Box 1280, Riverside, CA 92502-1280 • (951) 955-8982 • FAX (951) 781-9653 • 4080 Lemon Street. 9th Floor, Riverside, CA 9250]
Land Use and Water Engtneering • P0. Box 1206, Riverside, CA 92502-1206 • (951) 955-8980 • FAX (951) 955-8903 • 4080 Lemon Street, 2nd Floor, Riverside, CA 92501