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HomeMy WebLinkAbout10052023 DH Agenda In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II]. AGENDA TEMECULA COMMUNITY DEVELOPMENT DIRECTOR'S HEARING MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA OCTOBER 5, 2023 - 1:30 PM CALL TO ORDER: Matt Peters, Assistant Director of Community Development PUBLIC COMMENTS A total of 15 minutes is provided for members of the public to address the Director of Community Development on items that are not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Director of Community Development on an item not listed on the agenda, a Request to Speak form may be filled out and filed with the staff liaison. Once the speaker is called to speak, please come forward. For all items on the agenda, a Request to Speak form may be filed with the staff liaison. On those items, each speaker is limited to five minutes. Item No. 1 1:30 PM Project Number: PA23-0271 Project Type: Conditional Use Permit Project Title: Portals Entertainment Center CUP Applicant: Chad Williams Project Description: Planning Application Number PA23-0271, a Conditional Use Permit for an arcade, laser tag, mini golf course and restaurant facility. Location: 26469 Ynez Road Environmental Action: Categorically Exempt Section 15301, Class 1 (Existing Facilities) Project Planner: Yannin Marquez, Case Planner ADJOURNMENT NOTICE TO THE PUBLIC The full agenda packet (including staff reports and any supplemental material available after the original posting of the agenda), will be available for public viewing in the main reception area of the Temecula Civic Center during normal business hours at least 72 hours prior to the meeting. The material will also be available on the City’s website at TemeculaCA.gov and available for review at the respective meeting. If you have questions regarding an item on the agenda, please contact the Community Development Department at (951) 694-6400. ITEM NO. 1 1 STAFF REPORT – PLANNING CITY OF TEMECULA DIRECTOR’S HEARING TO: Matt Peters, Assistant Director of Community Development FROM: Yannin Marquez, Planning Technician DATE OF MEETING: October 5, 2023 PREPARED BY: Yannin Marquez, Case Planner PROJECT SUMMARY: Planning Application Number PA23-0271, a Conditional Use Permit for an arcade, laser tag, mini golf course and restaurant facility located at 26469 Ynez Road. RECOMMENDATION: Adopt a Resolution approving the project subject to Conditions of Approval CEQA: Categorically Exempt Section 15301, Class 1 (Existing Facilities) PROJECT DATA SUMMARY Name of Applicant: Chad Williams General Plan Designation: Community Commercial (CC) Zoning Designation: Community Commercial (CC) Existing Conditions/ Land Use: Site: Existing Commercial Building/ Community Commercial (CC) North: Existing Commercial Building/ Community Commercial (CC) South: Overland Drive East: Existing Commercial Building/ Community Commercial (CC) West: I-15 Freeway Existing/Proposed Min/Max Allowable or Required Lot Area: N/A N/A Total Floor Area/Ratio: N/A N/A Landscape Area/Coverage: N/A N/A Parking Provided/Required: 2,218 Parking Spaces 66 Required Parking Spaces 2 AFFORDABLE/WORKFORCE HOUSING Located in Housing Element Vacant Sites Inventory? Yes No Located in Affordable Housing Overlay Zone (AHOZ)? Yes No AHOZ Gain/Loss: Not Applicable BACKGROUND SUMMARY On July 3, 2023, Chad Williams, applicant of Portals Entertainment Center, submitted Planning Application PA23-0271, a Conditional Use Permit to allow for an arcade, laser tag, mini golf course and restaurant facility located at 26469 Ynez Road. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS Planning Application No. PA23-0271 is a request for a Conditional Use Permit by Chad Williams to operate an indoor arcade, laser tag, mini golf course and restaurant facility at 26469 Ynez Road. The proposed facility will function inside an existing 13,100 square foot building. Zoning for the existing building is Community Commercial. Temecula Development Code Section 17.08.030 permits arcades and sports and recreational facilities in the Community Commercial zone with a Conditional Use Permit. The proposed Conditional Use Permit will not add any square footage. The applicant anticipates the extent of construction will include tenant improvements for the installation of a new exterior door on the east elevation of the building and an update to the existing trash enclosure to include anti-dumping design and an interior light fixture in the enclosure. The proposed Conditional Use Permit would permit the owner to operate Monday through Thursday from 11:00 AM to 9:00 PM, Fridays from 11:00 AM to 12:00 AM, Saturdays from 10:00 AM to 12:00 AM and Sundays from 10:00 AM to 9:00 PM. During non-peak season, hours could be reduced to open later in the day during the week. Per Table 17.24.040 of the Temecula Development Code, 66 parking spaces are required for all the proposed uses (arcade, mini golf, dine-in, and office space) operating within the building. There are currently 2,218 parking spaces on-site for the commercial center which utilizes a reciprocal parking agreement. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in The Press-Enterprise on September 21, 2023, and mailed to the property owners within the required 600-foot radius. 3 ENVIRONMENTAL DETERMINATION 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 request for a Conditional Use Permit for an arcade, laser tag, mini golf course and restaurant facility within an existing building with no expansion being proposed. Arcades and sports and recreational facilities are conditionally permitted uses at the project site. As such, this project represents no expansion of the structure, site, or allowable uses. FINDINGS Conditional Use Permits (17.04.010 E) The proposed conditional use is consistent with the General Plan and the Development Code. The business will operate as an arcade, laser tag, mini golf course and restaurant facility. This proposed use is consistent with the City of Temecula General Plan and Development Code, which label the project site as Community Commercial (CC). The General Plan and Development Code allow for arcades and sports and recreational facility at the project site upon the approval of a Conditional Use Permit. 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 conditional use will be located within an existing structure within a Community Commercial (CC) zone. As conditioned, 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 because the surrounding area includes service commercial and industrial uses, and the building can accommodate the use. 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 council in order to integrate the use with other uses in the neighborhood. The application will allow for an arcade, laser tag, mini golf course and restaurant facility within an existing building. No modifications to the site are proposed. Since the site and proposed conditional use are consistent with the General Plan and Development Code requirements, the project site is adequate to accommodate the proposed use as required by the Director of Community Development in order to integrate the use with other uses in the neighborhood. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. 4 The use, as conditioned, meets all requirements of the Development, Fire, and Building Codes. These codes contain provisions designed to ensure the protection of the health, safety, and general welfare of the community. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the Planning Director, Planning Commission, or City Council on appeal. The decision to conditionally approve the application for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Director of Community Development. ATTACHMENTS: 1. Aerial Map 2. DH Resolution 3. Exhibit A - Draft Conditions of Approval 4. Exhibit B - Statement of Operations 5. Exhibit C - Plan Reductions 6. Notice of Exemption 7. Notice of Public Hearing AERIAL MAP MOTOR CAR P K W Y WINCHESTER RD J E F F ER SON A V E OVERLAND DRRIN G R D YNEZRDPROMENADE MALL NORTH P R O M E N A D E M ALLSOUTHProject Site CITY OF TEMECULA PA23-0271 \Date Created: 09/11/2023 910-300-014 The map PlanningMapSet.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to update and modification. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. This map is not for reprint or resale. Visit the City of Temecula GIS online at https://temeculaca.gov/gis !"#$15 1:4,000 0 400 800200 Feet DIRECTOR’S HEARING RESOLUTION CONDITIONAL USE PERMIT DH RESOLUTION NO. 2023- A RESOLUTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA23-0271, A CONDITIONAL USE PERMIT APPLICATION FOR AN ARCADE, LASER TAG, MINI GOLF COURSE AND RESTAURANT FACILITY LOCATED AT 26469 YNEZ ROAD, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 910-300-014) Section 1. Procedural Findings. The Director of Community Development of the City of Temecula does hereby find, determine and declare that: A. On July 3, 2023, Chad Williams, applicant of Portal Entertainment Center, filed Planning Application No. PA23-0271, a Conditional Use Permit Application, 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 Director of Community Development, at a regular meeting, considered the Application and environmental review on October 5, 2023, 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 Director of Community Development approved Planning Application No. PA23- 0271 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA23-0271, conformed to the City of Temecula’s General Plan Development Code. Section 2. Further Findings. The Director of Community Development, in approving Planning Application No. PA23-0271, hereby makes the following findings as required by Development Code Section 17.04.010 (Conditional Use Permits). A. The proposed use is in conformance with the General Plan and the Development Code. The business will operate as an arcade, laser tag, mini golf course and restaurant facility. This proposed use is consistent with the City of Temecula General Plan and Development Code, which label the project site as Community Commercial (CC). The General Plan and Development Code allow for an arcade and sports and recreational facility at the project site upon 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. The conditional use will be located within an existing structure within a Community Commercial (CC) zone. As conditioned, 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 because the surrounding area includes commercial and industrial uses and the building may accommodate for the use. 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 council in order to integrate the use with other uses in the neighborhood. The application will allow for an arcade, laser tag, mini golf course and restaurant facility within an existing building. No modifications to the site are proposed. Since the site and proposed conditional use are consistent with the General Plan and Development Code requirements, the project site is adequate to accommodate the proposed use as required by the Director of Community Development in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The use, as conditioned, meets all requirements of the Development, Fire, and Building Codes. These codes contain provisions designed to ensure the protection of the health, safety, and general welfare of the community. E. That the decision to approve, conditionally approve, or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the planning director, planning commission, or city council on appeal. The decision to conditionally approve the application for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Director of Community Development. Section 3. Environmental Findings. The Director of Community Development hereby makes 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 request for a Conditional Use Permit for an arcade, laser tag, mini golf course and restaurant facility within an existing building with no expansion being proposed. Arcades and sports and recreational facilities are conditionally permitted uses at the project site. As such, this project represents no expansion of the structure, site, or allowable uses. Section 4. Conditions. The Director of Community Development of the City of Temecula approves Planning Application No. PA23-0271, a Conditional Use Permit to allow for an arcade, laser tag, mini golf course and restaurant facility located at 26469 Ynez Road and makes a finding of exemption under the California Environmental Quality Act (CEQA), subject to the Final Conditions of Approval set forth on Exhibit A, Statement of Operations set forth on Exhibit B and Plan Reductions set forth on Exhibit C, attached hereto, and incorporated herein by this reference Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Director of Community Development this 5th day of October, 2023 Matt Peters Assistant Director of Community Development I, Denise Jacobo, Secretary of the Temecula Director’s Hearing, do hereby certify that the forgoing DH Resolution No. 2023-__ was duly and regularly adopted by the Director of Community Development of the City of Temecula at a regular meeting thereof held on the 5th day of October, 2023 Denise Jacobo, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL CITY OF TEMECULA CONDITIONS OF APPROVAL ACCEPTANCE Planning Application Number: PA23-0271 By signing below, I/we have agreed to the following Conditions of Approval, including (but not limited to) any referenced documents, local state, or federal regulations, statement of operations, hours of operation, floor plans, site plans, and Conditions that may require the payment or reimbursement of fees, as described. I/we have read the attached Conditions of Approval and understand them. I/we also understand that violations or non-compliance with these Conditions of Approval, may delay a project, and/or result in the revocation of a permit in accordance with the Temecula Municipal Code. I/we are also responsible for disclosing these Conditions of Approval to any successive owners/operators. I/we agree and commit to the City of Temecula that I/we will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions. Property Owner Printed Name _________________________ Applicant Printed Name _________________________ Property Owner Signature & Date ___________________________ Applicant Signature & Date ___________________________ Parcel Number(s): 910-300-014 EXHIBIT CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: Project Description: PA23 -0271 Portals Entertainment Center CUP: A Conditional Use Permit for an arcade, laser tag, mini golf course and restaurant facility located at 26469 Ynez Road. Assessor's Parcel No.: 910-300-014 N/A (Existing Building/ No New Grading) MSHCP Category: N/A (Existing Building/ No New Grading) DIF Category: TUMF Category: Quimby Category: Approval Date: Expiration Date: N/A (Existing Building/ No New Grading) N/A (Not a Residential Project) October 5, 2023 October 5, 2025 New Street In-lieu of Fee: N/A (Project not located in Uptown Specific Plan Area) PLANNING DIVISION Within 48 Hours of the Approval Page 1 of 7 Applicant Filing Notice of Exemption. APPLICANT ACTION REQUIRED: The applicant/developer is responsible for filing the Notice of Exemption as required under Public Resources Code Section 21152 and California Code of Regulations Section 15062 within 48 hours of the project approval. If within said 48-hour period the applicant/ developer has not filed the Notice of Exemption above, the approval for the project granted shall be void due to failure of this condition. Failure to submit the Notice of Exemption will also result in an extended period of time for legal challenges. FEES: Fees for the Notice of Exemption include the Fifty Dollar County ($50.00) administrative fee. The County of Riverside charges additional fees for credit card transactions. FILING: The City shall provide the applicant with a Notice of Exemption within 24 hours of approval via email. If the applicant/developer has not received the Notice of Exemption within 24 hours of approval, they shall contact the case Planner immediately. All CEQA documents must be filed online with the Riverside County Assessor – County Clerk- Recorder. A direct link to the CEQA filings page is available at TemeculaCA.gov/CEQA. . COPY OF FILINGS: The applicant shall provide the City with a digital copy of the required filings within 48 hours. 1. General Requirements Indemnification of the City. Indemnity, Duty to Defend and Obligation to Pay Judgments and Defense Costs, Including Attorneys’ Fees, Incurred by the City. The Applicant shall defend, indemnify, and hold harmless the City, its elected officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”) from and against any claims, damages, actions, causes of actions, lawsuits, suits, proceedings, losses, judgments, costs, and expenses (including, without limitation, attorneys’ fees or court costs) in any manner arising out of or incident to the Planning Commission’s actions, this approval and the City Council’s actions, related entitlements, or the City’s environmental review thereof. The Applicant shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding. The City shall promptly notify the Applicant of any claim, action, or proceeding and the City shall reasonably cooperate in the defense. If the City fails to promptly notify the Applicant of any claim, action, or proceeding, or if the City fails to reasonably cooperate in the defense, the Applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City or the Indemnitees. The City shall have the right to select counsel of its choice. The Applicant shall reimburse the City, and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Nothing in this condition shall be construed to require the Applicant to indemnify Indemnitees for any claim arising from the sole negligence or willful misconduct of the Indemnitees. In the event such a legal action is filed challenging the City’s determinations herein or the issuance of the approval, the City shall estimate its expenses for the litigation. The Applicant shall deposit said amount with the City or, at the discretion of the City, enter into an agreement with the City to pay such expenses as they become due. 2. Page 2 of 7 Expiration. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. Use means 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, or use of a property in conformance with a Conditional Use Permit. A modification made to an approved development plan does not affect the original approval date of a development plan. 3. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to three extensions of time, one year at a time. A modification made to an approved development plan does not affect the original approval date of a development plan. 4. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 5. Signage Permits. A separate building permit shall be required for all signage. 6. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment, walls, or other structures. 7. Modifications or Revisions. The developer shall obtain City approval for any modifications or revisions to the approval of this project. 8. Covered Trash Enclosures. The trash enclosure on site shall include an anti-dumping design and light fixture and the construction plans shall include all details of the trash enclosure. 9. Statement of Operations. The applicant shall comply with their Statement of Operations dated June 5th, 2023, on file with the Planning Division, unless a conflict exists between the Statement of Operations and these Conditions of Approval, in which case the Conditions of Approval control. 10. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City’s Development Code. 11. Property Maintenance. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities, and on-site lighting shall be maintained by the property owner or maintenance association. 12. Modification Application Required. Please be advised, a Modification Application is required for the installation of a new door on the east elevation of the building prior to submitting plans to building and safety for any plan check is required. 13. Page 3 of 7 Hours of Operation. The hours of operation for this conditional use permit shall be as follows: Monday: 11 a.m. - 9 p.m. Tuesday: 11 a.m. - 9 p.m. Wednesday: 11 a.m. -9 p.m. Thursday: 11 a.m. -9 p.m. Friday: 11 a.m. - 12 a.m. Saturday: 10 a.m. - 12 a.m. Sunday: 10 a.m. - 9 p.m. These hours of operation shall supersede any previous conditions of approval, and take precedence over any other conditions of approval in this document that may reference operating hours and times. Hours of operations may be altered temporarily with the approval of a valid limited duration temporary use permit. Hours of operations may be permanently altered only by an approved amendment to this conditional use permit. Under all circumstances, including instances where the establishment closes earlier than the above listed times, the last call indicating the termination of the sale of alcohol shall be no less than on half (1/2) hour prior to closing for all nights of operation. 14. BUILDING AND SAFETY DIVISION General Requirements Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 16. Compliance with Code. All design components shall comply with applicable provisions of the most current edition of the California Building, Plumbing and Mechanical Codes; California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and Temecula Municipal Code as identified in Title 15 of the Temecula Municipal Code. 17. ADA Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. Disabled access from the public way to the main entrance of the building. b. Van accessible parking located as close as possible to the main entrance of the building. c. Accessible path of travel from parking to the furthest point of improvement. d. Path of accessibility from parking to furthest point of improvement. e. Accessible path of travel from public right-of-way to all public areas on site, such as trash enclosures, clubhouses, and picnic areas. 18. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 19. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Solid covers are required over new and existing trash enclosures. 20. Demolition. Demolition permits require separate approvals and permits. 21. Page 4 of 7 Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Code Section 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. 22. FIRE PREVENTION General Requirements Occupancy Management. Per the California Building Code and California Fire Code, along with Title 19 for Public Safety, the occupancy for this establishment must be complied with at all times. The owner will be responsible for assigning designees to count patrons as they enter and exit. At any given time, if the fire department and/or building department find you in violation of this they will be required to either close the facility entirely, have the owner remove patrons until the occupant load is at or less than allowed and request fines to be issued to the owner. If there is continued violations occurring within the establishment the building department and/or fire department will recommend that the city planning department revoke the owners CUP. 23. Prior to Issuance of Building Permit(s) Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted electronically to the Fire Prevention Bureau for approval. Fire sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. 24. Required Submittals (Fire Alarm Systems). Fire alarm plans shall be submitted electronically to the Fire Prevention Bureau for approval. Fire alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. 25. Prior to Issuance of Certificate of Occupancy Addressing. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial, multi-family residential and industrial buildings shall have a minimum of 12-inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of 6-inch high letters and/or numbers on both the front and rear doors. Single family residences and multi-family residential units shall have 4-inch letters and/or numbers, as approved by the Fire Prevention Bureau (CFC Chapter 5 and Temecula Municipal Code Section 15.16.020). 26. Knox Box. A “Knox-Box” shall be provided. The Knox-Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5). 27. POLICE DEPARTMENT General Requirements Page 5 of 7 Type 41 License. The applicant has applied for a Type 41 On-Sale Beer and Wine Eating Place which authorizes the sale of beer and wine for consumption on the licensed premises and authorizes the sale of beer and wine for consumption off the licensed premises. Must maintain suitable kitchen facilities and must make actual and substantial sales of meals for consumption on the premises. Applicant must operate and maintain the licensed premises as a bona fide eating place. Minors are allowed on the premises. 28. Consumption of Alcoholic Beverages in Public Prohibited. The applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. 29. Identification Verification. Identification will be verified utilizing one of the following: (a) valid California driver’s license; (b) valid California identification card; (c) valid military identification card (active/reserve/retired/dependent); (d) valid driver’s license from any of the 50 States or Territories of the United States; (e) valid U.S. Passport; (f) valid government issued identification card issued by a Federal, State, County or City agency. 30. Acceptable Forms of Identification. 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 Section 25660 of the Business and Profession Code (B&P), which includes the following requirements: (a) name of person; (b) date of birth; (c) physical description; (d) photograph; (e) currently valid (not expired). It is the responsibility of the business owner and any person who serves or sells alcohol to be aware of current laws and regulations pertaining to alcoholic beverages. 31. Ensure No Alcohol Sold or Consumed by Person Under the Age of 21. The applicant shall ensure that no alcohol is sold to or consumed by any person under the age of 21. 32. 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). 33. No Alcohol Sales Between 2:00 AM and 6:00 AM. 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 that the law. Those licenses are marked “Conditional” (23805 B&P). 34. Entertainment Rules. 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; and (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 her or her genitals or anus (Rule 143.3 CCR. Also violates Section 311.6 PC if conduct is “obscene,” e.g. intercourse, sodomy, masturbation, etc.) 35. Page 6 of 7 Inspections. Police officers, sheriff’s 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). 36. Employee Training for Identification Checks. The applicant shall 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 responsibility of the applicant to set up a training session for all new employees. Contact the Crime Prevention and Plans Unit at (951) 695-2773 to set up a training date. Training must be completed prior to the grand opening of this business and periodic updated training when new employees/ management are hired. 37. 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. 38. Undue Number of Calls for Service. 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 (Section 24200 (a)(B&P). 39. Questions Regarding Conditions. Any questions regarding these conditions should be directed to Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. 40. Maintain Premises as a Bona Fide Eating Place. 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 sale 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. 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). 41. Page 7 of 7 EXHIBIT B STATEMENT OF OPERATIONS Section C: Statement of Operations – 06/05/2023  Portals Entertainment Center is an immersive entertainment center that’s proposed location is in the  Palm Plaza shopping center, located at 26469 Ynez Rd., Temecula, CA 92592 (formerly Luv 2 Play). This  13,100 sq. ft. space will house (2) themed 1,800+ sq. ft. 9‐hole blacklight miniature golf courses, a  themed 2,000 sq. ft. laser tag arena, and approximately 15 arcade style game stations (a mix of Video  Games and Crane Games) as main attractions.  In addition to the attractions there will be a food and beverage concept that will include a kitchen and  serve pizza, calzone, chicken wings, chicken tenders, ravioli, mac & cheese, loaded tots, hot dogs,  nachos, popcorn, soft drinks, and other concession style foods.  Most of these foods will be heated and  served, requiring very little preparation. Disposable utensils will used be in the facility.  We will also have  an assortment of Beer and Wine sold from the concession restaurant dining counter under type 41  California ABC license as a matter of right; we will require that each visitor purchasing an alcoholic drink  be carded, 21+older shall wear wrist brace.  In addition to the attractions there will be two (2) Private Dining/Event rooms; these rooms will focus on  kids’ birthday parties, corporate events, and team building activities.  Also proposed is a themed private  dining room that will be approximately 500 sq. ft.  All guests to the lounge will be required to be over 21  years old.  The lounge would serve our full menu and potentially items unique to the lounge, beer, and  wine. Live entertainment or karaoke could be held in the lounge area, but not upon opening.  Any future  live entertainment components shall be deferred applications processed per Temecula Municipal Code  9.10 Entertainment License.   Our initial staffing plan will include a General Manager, an Assistant Manager and an additional 20  employees. Number of employees will vary from min 4 to max 12 employees per shift.     Our proposed hours of operation would be:   Monday‐Thursday 11:00am‐9:00pm   Friday 11:00am‐12:00am,   Saturday 10:00am‐12:00am  Sunday 10:00am‐9:00pm.  During non‐peak season, hours could be reduced to open later in the day during the week.  We anticipate most business occurring on Friday night, Saturday, and Sunday.  With a peak of  approximately 175 visitors at one time during Saturday.    The occupancy maximum for the laser tag arena will be 20 visitors at a time, due to only having 20 laser  tag gun systems  Each of the two mini‐golf courses maximum occupancy will be 54 visitors at a time, each golf course is 9  holes, with a maximum of 6 visitors per party.  On busy days we will meter visitors into the mini‐golf  courses.  The maximum occupancy for the arcade will be 31, with 31 seats to play games.    The maximum occupancy for the dining seating area will be 26 seats.    Palm Plaza is a reciprocal parking location. The total number of parking spaces is 2218 including 58  accessible spaces.  Section D: Statement of Justification – 06/05/2023  The location at 26469 Ynez Rd. would be suitable and adequate for the proposed use.  A Family  Entertainment Center fits well within a retail shopping center as there is a large overlap of customers  between the various retail locations, restaurants, and movie theaters.  Portals would not have an adverse effect on traffic as many of our planned guests would already be in  the general area for retail, restaurants, and entertainment options.  Portals would not have an adverse effect on the community.  Portals would give the community an  additional family entertainment option that is accessible year‐round.  Portals will be in the Palm Plaza  shopping center, which is in a heavy retail/commercial area.  Portals would be a good fit for Palm Plaza as it would increase the entertainment options already in the  plaza.  This concept complements the other entertainment venues in the area such as Temeku Theater,  Regal Edwards Theater, Round‐1, and Temecula Lanes.                                        EXHIBIT C PLAN REDUCTIONS NOTICE OF EXEMPTION City of Temecula Community Development 41000 Main Street • Temecula, CA 92590 Phone (951) 694-6400 • TemeculaCA.gov VIA-ELECTRONIC SUBMITTAL CEQAProcessing@asrclkrec.com October 6, 2023 Supervising Legal Certification Clerk County of Riverside P.O. Box 751 Riverside, CA 92501-0751 SUBJECT: Filing of a Notice of Exemption for Planning Application Number PA23-0271, a Conditional Use Permit for an arcade, laser tag, mini golf course and restaurant facility located at 26469 Ynez Road Dear Sir/Madam: Enclosed is the Notice of Exemption for the above referenced project. In addition, pursuant to Assembly Bill 3158 (Chapter 1706) the Applicant will pay for the County Administrative fee to enable the City to file the Notice of Exemption required under Public Resources Code Section 21152 and 14 California Code Regulations 1507. The payment of the $50.00 filing fee is under protest. It is the opinion of the City that the administrative fee has been increased in a manner inconsistent with the provisions of State Law. Under Public Resources Code Section 21152 and 14 California Code Regulations 1507, the County is entitled to receive a $25.00 filing fee. Also, please email a stamped copy of the Notice of Exemption within five working days after the 30-day posting to the email listed below. If you have any questions regarding this matter, please contact Yannin Marquez at (951) 302-4125 or at email: yannin.marquez@TemeculaCA.gov. Sincerely, Matt Peters Assistant Director of Community Development Enclosures: Notice of Exemption Form Electronic Payment - Filing Fee Receipt City of Temecula Community Development Planning Division Notice of Exemption TO: County Clerk and Recorders Office FROM: Planning Division County of Riverside City of Temecula P.O. Box 751 41000 Main Street Riverside, CA 92501-0751 Temecula, CA 92590 Project Title: Portal Entertainment Center PA23-0271 Description of Project: A Conditional Use Permit for an arcade, laser tag, mini golf course and restaurant facility located at 26469 Ynez Road. Project Location: 26469 Ynez Road Applicant/Proponent: Chad Williams The Assistant Director of Community Development approved the above-described project on October 5, 2023, and found that the project is exempt from the provisions of the California Environmental Quality Act, as amended. Exempt Status: (check one) Ministerial (Section 21080(b)(1); Section 15268); Declared Emergency (Section 21080(b)(3); Section 15269(a)); Emergency Project (Section 21080(b)(4); Section 15269(b)(c)); Statutory Exemptions (Section Number: ) Categorical Exemption: (Section 15301, Class 1, Existing Facilities) Other: Section 15061(b)(3) Statement of Reasons Supporting the Finding that the Project is Exempt: The request for a Conditional Use Permit for Portals Entertainment Center to provide an arcade, laser tag, mini golf course and restaurant within an existing building with no expansion being proposed. Arcade and sports and recreational facilities are conditionally permitted uses at the project site. As such, this project represents no expansion of the structure, site, or allowable uses. Contact Person/Title: Yannin Marquez, Planning Technician Telephone Number (951) 302-4125 Signature: Date: Matt Peters, Assistant Director of Community Development Date received for filing at the County Clerk and Recorders Office: NOTICE OF PUBLIC HEARING Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula DIRECTOR OF COMMUNITY DEVELOPMENT to consider the matter described below: CASE NO: PA23-0271 APPLICANT: Chad Williams PROPOSAL: A Conditional Use Permit for an arcade, laser tag, mini golf course and restaurant facility located at 26469 Ynez Road. ENVIRONMENTAL: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Categorically Exempt, Class 1, Existing Facilities). CASE PLANNER: Yannin Marquez, (951) 302-4125 PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: October 5, 2023 TIME OF HEARING: 1:30 PM The complete agenda packet (including any supplemental materials) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Director of Community Development Meeting. At that time, the packet may also be accessed on the City’s website – TemeculaCA.gov and will be available for public review at the respective meeting. Any writing distributed to the Director regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. – 5:00 p.m. In addition, such material will be made available on the City’s website – TemeculaCA.gov – and will be available for public review at the meeting. Any petition for judicial review of a decision of the Director of Community Development shall be filed within time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Director of Community Development shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. Questions? Please call the Community Development Department at (951) 694-6400.