HomeMy WebLinkAbout03_058 PC ResolutionPC RESOLUTION NO. 2003-058
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA02-0701, A MINOR CONDITIONAL USE PERMIT TO
OPERATE A 1,920 SQUARE FOOT COMPUTER NETWORK
AND INTERNET GAMING FACILITY AT 27309 JEFFERSON
AVENUE, SUITE 104 KNOWN AS ASSESSORS PARCEL NO.
909-281-031
WHEREAS, James Chen, representing Landwerx/PC Gaming, filed Planning Application
No. PA02-0701, in a manner in accord with the City of Temecula General Plan and
Development Code;
WHEREAS, Planning Application No. PA02-0701 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. PA02-0701 on September 3, 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. PA02-0701 subject to the
conditions after finding that the project proposed in Planning Application No. PA02-0701
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.
Section 2. Findinqs. The Planning Commission, in approving Planning Application
No. PA02-0701 (Minor Conditional Use Permit) hereby makes the following findings as required
by Section 17.04.010.E 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.
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As conditioned, the computer network and Internet/arcade cafb is compatible with the
nature, condition and adjacent buildings because the project site is zoned Community
Commercial and the surrounding uses include commercial retail and restaurant uses.
The proposed conditional use will not adversely affect the adjacent uses, buildings or
structures because the building exists 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 already developed and was adequately designed 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. The proposed use is within an existing building and will not alter the
current condition of the existing center.
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 and its operating practices are not
detrimental to the health, safety and welfare of the community because the project
provides adult supervision and security, operates within set hours, and the conditions of
approval, including 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.
Section3. Environmental Compliance. A Notice of Exemption for Planning
Application No. 02-0701 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. 02-0701 (Minor Conditional Use Permit) a
request to operate a 1,920 square foot Internet arcade/caf~ in a commercial center that provides
entertainment for customers primarily between 15-25 years of age, located at 27309 Jefferson
Avenue, Suite 104 and known as Assessors Parcel No. 909-281-031.
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Section 5. PASSED, APPROVED AND ADOPTED by the City_of Temecula~
Planning Commission this 17th day °f September 2003' ~ (~ ~v~..~
'q3..~is Chiniaeff, Chairperson
Y'
Debb~ U~e~w~ta~
- /~
[SEAL] ~. ~-...,
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that PC Resolution No. 2003-058 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
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EXHIBIT A
CONDITIONS OF APPROVAL
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EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No: PA02-0701 (Minor Conditional Use Permit)
Project Description:
A Minor Conditional Use Permit to operate a 1,920
square foot Internet arcade/caf~ that provides
entertainment for customers located at 27309
Jefferson Avenue, Suite 104
Assessor's Parcel No: 909-281-031
Approval Date:
September 17, 2003
Expiration Date:
September 17, 2005
PLANNING DEPARTMENT
Within Forty-Eight (48) Hours of the Approval of this Project
The applicant 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 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.
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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 Planning Department.
The applicant shall comply with their Statement of Operations, on file with the Planning
Department, unless superceded by these conditions of approval.
Regular hours of operations shall be as follows:
Sunday through Thursday: 10:00 a.m. - 2:00 a.m.
Friday and Saturday: 10:00 a.m. -4:00 a.m.
10.
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 ).
11.
At least one adult providing on-site supervision and security shall be provided on the
premises during all hours of operation.
12. The applicant shall maintain an interior waiting area for no less than five (5) customers.
13.
The rear door shall be used for emergency purposes only and shall not be used for
customers as exit/entrance privileges.
t4.
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 hours of operations as
indicated by the applicant. 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, reserve the right to
approach the City's Planning Commission and request the hours of operation be
amended.
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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.
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; 2001 California Electrical Code;
California Administrative Code, Title 24 Energy Code, California Title 24 Disabled
Access Regulations, and the Temecula Municipal Code.
23.
Obtain all building plans and permit approvals prior to commencement of any
construction work.
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.
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FIRE DEPARTMENT
28.
Final fire and Iife safety conditions will be addressed when building plans for any
alteration are reviewed by the Fire Prevention Bureau, or a field inspection is performed.
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 the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall
be provided, or a key provided for the common Knox Box. The Knox-Box shall be
installed a minimum of six (6) feet in height and be located to the right side of the main
entrance door. (CFC 902.4)
30.
Fire lanes are existing/identified and will not require alteration by this tenant. It is
however the responsibility of the owner/operators of this establishment to keep the fire
lanes open and passable at all times.
31.
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, or any change of use for this business. 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)
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 Planning Commission approval.
Applicant's Signature
Name printed
Date
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