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HomeMy WebLinkAbout03_057 PC ResolutionPC RESOLUTION NO. 2003-057 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA03-0162 A MINOR CONDITIONAL USE PERMIT TO OPERATE A 1,980 SQUARE FOOT COMPUTER NETWORK AND INTERNET GAMING FACILITY AT 27911 JEFFERSON AVENUE, SUITE 103 KNOWN AS ASSESSORS PARCEL NO. 921-050-012 WHEREAS, An Mai and Jacques Cattell, representing Monkey Feet, filed Planning Application No. PA03-0162, in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA03-0162 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered Planning Application No. PA03-0162 on September 17, 2003, 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 Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA03-0162 subject to the conditions after finding that the project proposed in Planning Application No. PA03-0162 conformed to the City of Temecula General Plan and Development Code; NOW, THEREFORE, THE PLANNING COMMISSION 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. Section2. Findinqs. The Planning Commission, in approving Planning Application No. 03-0162 (Minor Conditional Use Permit) hereby makes the following findings as required by Section 17.04.010.E and Section 17.05.010.F of the Temecula Municipal Code: Conditional Use Permit (17.04.010E) A. The proposed conditional use is consistent with the General Plan and the development code. Staff has reviewed the proposal and finds that the proposed conditional use permit is consistent with the City of Temecula General Plan and the applicable sections of the Development Code because the proposed use is permitted in the Community Commercial Zone with the approval of a Conditional Use Permit. 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. R:XM C U Px2003\03-0162 Monkey Feet GamingXFinal PC Conditions.doc As conditioned, the computer network and Internet gaming facility is compatible with the nature, condition and adjacent buildings because the project site is zoned Community Commercial and the surrounding uses include commercial office, retail and industrial uses. The proposed conditional use will not adversely affect the adjacent uses, butTdings or structures because the building is existing and the proposed use is required to maintain hours of operation to avoid adverse affects on the surrounding area. C. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer area, landscaping and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer area, landscaping and other development features prescribed in the Development Code and required by the Planning Commission in order to integrate the use with other uses in the neighborhood because the proposed use is within an existing building in an existing shopping center with all improvements including yards, walls, fences, parking and loading facilities, buffer area, landscaping and all other features as required in the Development Code and by Planning Commission. D. The nature of the proposed conditional use is not detrimental to the health, safety, and welfare of the community. The nature of the proposed conditional use permit is not detrimental to the health, safety and welfare of the community because the project provides a service of technology that is in demand and the conditions of approval, including the hours of operation have been limited and the viewing of adult material will not be permitted within the project site. E. The decision to conditionally approve the conditional use permit is based on substantial evidence in view of the record as a whole before the Planning Commission or City Council. The project has been completely reviewed, as a whole, in reference to all applicable codes and ordinances before the Planning Commission. Section 3. Environmental Compliance. A Notice of Exemption for Planning Application No. 03-0162 was made per the California Environmental Quality Act Guidelines Section 15301 (Existing Facilities, Class 1 ). Section 4. Conditions. That the City of Temecula Planning Commission hereby conditionally approves Planning Application No. PA03-0162 (Minor Conditional Use Permit) a request to operate a 1,980 square foot computer network and internet gaming facility located at 27911 Jefferson Avenue, Suite 103, as set forth in Exhibit A and known as Assessors Parcel No. 921-050-012. R:~Vl C U PX2003\03-0162 Monkey Feet Gaming~'inal PC Conditions.doc 2 Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 17th day of September 3. "~l~p~ is Chiniaeff, Del~l~e'l~bno~' '~ Se~rem~ [SEAL] '~ ~ .., STA~[~9~N ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECU~ ) I Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2003-057 was duly and regularly adopted by the Planning commission of the City of Temecula at a regular meeting thereof held on the 17th day of September, 2003, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Chiniaeff, Mathewson, Olhasso, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 1 PLANNING COMMISSIONERS: Guerriero ABSTAIN: 0 PLANNING COMMISSIONERS: None Debbie Ubnoske, Secretary R:~M C U P~2003\03-0162 Monkey Feet GamingkFinal PC Conditions.doc 3 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No: PA03-0162 (Minor Conditional Use Permit) Project Description: A Minor Conditional Use Permit to operate a 1,980 square foot computer network and Internet gaming facility located at 27911 Jefferson Avenue, Suite 103 D!F Cat=gerT: (Deleted at Planning Commission 9/17/03) Assessor's Parcel No: 921-050-012 Approval Date: Expiration Date: September 17, 2003 September 17, 2005 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 applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. R:~Vi C U PX2003\03-0162 Monkey Feet Gaming~inal PC Conditions.doc 4 5. 6. 7. 10. 11. 12. 13. 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. 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. The development of the premises shall substantially conform to the approved Exhibits D (Floor Plan), contained on file with the Community Development Department - Planning Division. The applicant shall comply with their Statement of Operations dated 3/30/03, on file with the Community Development Department - Planning Division, unless superceded by these conditions of approval. The regular hours of operation shall be as follows: Sunday - Thursday 10:00 a.m. - 2:00 am Friday - Saturday 10:00 am - 4:00 am Summer hours of operation shall be as follows: Sunday - Thursday 9:00 am - 2:00 am Friday - Saturday 9:00 am - 4:00 am (Revised at Planning Commission hearing 9/17/03) The applicant shall post at least three (3) "No Loitering" signs throughout the project site subject to approval by the Planning Director (Business and Profession Code 26501 ). At least one adult providing on-site supervision and security shall be provided on the premises during all hours of operation. The applicant shall maintain an interior waiting area for no less than five (5) customers. The rear door shall be used for emergency purposes only and shall not be used for customers as exit/entrance privileges. R:XM C U PX2003\03-0162 Monkey Feet Gaming~Final PC Conditions.doc 5 14. The applicant shall furnish one (1) bicycle rack (4 total spaces) on the project site, subject to approval by the Planning Director. POLICE DEPARTMENT 15. Currently, the Temecula Police Department concurs with the requested hours of operation, as indicated in the statement of operations. However, if any recurring problems should occur where the need for police response is needed due to the late hours of operations or for any other reasons, the Temecula Police Department, at it's discretion, reserves the right to approach the City's Planning Commission and request the hours of operation be amended. 16. The sales and/or use of any alcoholic beverages on premises and surrounding area of responsibility is prohibited in accordance with City Ordinance 97-07, (9.14.010 TMC series) 17. Applicant will ensure no loitering, disorderly house (Business and Profession Code 26501 ) occurs on or adjacent to its premises during hours of operation. 18. Applicant will ensure juveniles are not exposed to any display of adult materials and ensure this type of adult entertainment is not present on site per City Municipal Code 9.04.020 TMC. 19. Applicant will familiarize employees with City Municipal Code 9.12.010 TMC, curfew for minors. 20. Applicant will ensure that at least one adult supervision (age twenty-one years or older) be on the premises at all times during hours of operation from Sunday through Thursday and two adult supervision on Friday and Saturday. The Temecula Police Department concurs with applicants' Letter of Justification in providing a security guard on premises during hours of operation. If Security officer(s) are provided, they must be identified in uniform. Security officer will not be armed with any type of firearms (weapon). This does not include mace or pepper spray. 21. Applicant will be responsible for any cost incurred by the Police Department if additional officers are required because of traffic problems/congestions, public disturbance or where the need for police presence is required. BUILDING AND SAFETY DEPARTMENT 22. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 1998 National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 23. Obtain all building plans and permit approvals prior to commencement of any construction work. R:~vl C U PX2003\03-0162 Monkey Feet Gaming~Final PC Conditions.doc 6 24. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 25. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. 26. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 27. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review for any improvements proposed. FIRE DEPARTMENT 28. Final fire and life safety conditions will be addressed when the Fire Prevention Bureau reviews building plans. These conditions will be based on occupancy; use, the California Building Code (CBC), California Fire Code (CFC), and related codes, which are in force at the time of building, plan submittal. 29. Prior to issuance of a Certificate of Occupancy, a "Knox Box" shall be provided, or a key provided for the common Knox Box. The Knox Box shall be installed a minimum of 6 feet in height and located to the right side of the main entrance door (CFC 902.4). 30. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection. (CFC 105) 31. It is the responsibility of the applicant and owner of the establishment to keep the fire lanes open and passable at all times. 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 R:XM C U PX2003\03-0162 Monkey Feet Garrdng~Final PC Conditions,doc 7