HomeMy WebLinkAbout08_014 PC ResolutionPC RESOLUTION NO. 08-14
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA07-0289, A MINOR CONDITIONAL
USE PERMIT TO AUTHORIZE MAX FPS GAMING TO
HAVE AN INDOOR LOCAL AREA NETWORK (LAN
CENTER) INTERNET AND VIDEO GAMING FACILITY
WITHIN AN EXISTING 1,400 SQUARE FOOT SUITE
LOCATED AT 41493 MARGARITA ROAD, SUITE 102 IN
THE BEL VILLAGGIO SHOPPING CENTER (APN 921-
830-010)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On October 16, 2007 Mr. Brad Johnson, filed Planning Application No.
PA07-0289, a Minor 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 Commission, at a regular meeting, considered the
Application and environmental review on March 5, 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 Commission hearing and after due consideration
of the testimony, the Commission approved Planning Application No. PA07-0289
subject to and based upon the findings set forth hereunder.
E. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in approving the
Application hereby finds, determines and declares that:
Development Code Section 17. 04.010 E. -Conditional Use Permits
A. The proposed conditional use is consistent with the General Plan and the
Development Code;
The proposed conditional use is consistent with the General Plan and the
Development Code. Development Code Section 17.10, Supplemental
Development Standards for Arcades (which has been determined to be similar to
Internet and video gaming facilities), indicates that the Planning Commission has
the discretion to apply operational conditions as deemed necessary and
appropriate to make the findings of approval. The approval of this project is
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subject to a number of operational conditions, which include restrictions on the
allowable hours of operations, the requirement of bicycle racks on the site, the
need for adult supervision, a provision which requires that an interior waiting area
be provided and utilized to ensure that the patrons do not loiter in and around the
business, and the posting of signage which informs minors of the established
curfew in Temecula. As conditioned, the project is consistent with all of the goals
and policies of the General Plan, and meets all applicable Development Code
standards for a conditionally permitted use.
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 other structures;
The proposed conditional use is compatible with the nature, condition and
development of adjacent uses, buildings and structures. Max FPS gaming will be
located within an existing shopping center, Bel Villaggio, and will be surrounded
by existing commercial, office and restaurant uses. Max FPS Gaming is a
commercial/retail use and is compatible with all of the surrounding commercial
uses located in the shopping center. The establishment is not anticipated to
adversely affect any of the adjacent commercial uses. The project has been
conditioned appropriately to ensure compatibility and consistency with the
surrounding uses. The Conditions of Approval include limitations on the hours of
operations, the prohibition of loitering around the facility, the requirement of adult
supervision, parental consent for minors being present on the premises, and
compliance with all curfew laws and ordinances. The permittee will be required
to be in compliance with the Conditions of Approval at all times, which will ensure
minimal impact to the surrounding uses, businesses and tenants in the shopping
center.
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 areas,
landscaping and other Development Codes and required by the Planning Commission
or City Council in order to integrate the use with the other uses in the neighborhood;
The site for the proposed conditional use is an existing 1,400 square foot suite
located within the existing Bel Villaggio shopping center. The existing site has
been developed and constructed to accommodate all required yards, walls, and
fences. No physical changes or modifications to the existing site are proposed
as a part of this project. It has been determined that the existing parking and
loading facilities are adequate to support this use and are consistent with the off-
street parking requirement contained within the Temecula regional Center
Specific Plan (SP-7). All buffer areas and landscaping currently exists, and
meets all applicable Development Code requirements. No modifications are
being made the landscaping as a part of this project. The use, as conditioned,
will be fully integrated into the shopping center and will be compatible with the
surrounding commercial uses.
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D. The nature of the proposed conditional use is not detrimental to the health,
safety and general welfare of the community;
The nature of the proposed conditional use is not detrimental to the health, safety
and general welfare of the community. The conditional use has been analyzed
and reviewed to ensure that the project will not adversely affects the public
health, safety and general welfare of the citizens of Temecula. The project has
been appropriately conditioned to ensure that the health, safety and welfare of
the community will be protected and promoted, and that the conditional use will
be complementary to the existing uses within the Bel Villaggio shopping center
and other surrounding uses.
Section 3. Environmental Findings. The Planning Commission 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);
It has been determined that the proposed project is exempt from further
environmental review as this project qualifies for a Class 1 CEQA exemption.
The 1,400 square foot suite, in which Max FPS Gaming will occupy, was built as
apart of a shopping center that was previously reviewed and approved by the
City of Temecula Planning Commission. The proposed conditional use, an
Internet and video gaming facility, which will be located inside the existing suite,
does not include any new construction or physical expansion of the existing
structure. As indicated in the CEQA Guidelines, the key consideration in
determining whether or not a project qualifies fora Class 1 exemption is whether
the project involves negligible or no expansion of an existing use. The suite was
always anticipated to accommodate a retail land use and the intemet and video
gaming use that will be authorized by the Conditional Use Permit to operate in
this location is consistent with what was previously anticipated in this shopping
center. No significant environmental impacts are anticipated since the project
involves no physical expansion of an existing suite, and the land use is
consistent with the previously analyzed retail land uses for this shopping center.
Section 4. Conditions. The Planning Commission of the City of Temecula
approves Planning Application No. PA07-0289, a Minor Conditional Use Permit to
authorize Max FPS Gaming to have an indoor Local Area Network (LAN center) Internet
and video gaming facility within an existing 1,400 square foot suite located at 41493
Margarita Road, Suite 102 in the Bel Villaggio shopping center, 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 City of Temecula
Planning Commission this 5`h day of March 2008.
1C~--- ~ . ~.--_.
~- John Telesio, Chairman
ATTEST:
Debbie Ubnoske, Secretary
,,
-,-,- .,
1' > ` !~
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y ~ r
~_ ;, s_ ~ ,
STATE OF CA~tF9Fz'°,IIA )
COUNTY OF RIVERSIDE )
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby
certify that the forgoing PC Resolution No. 08-14 was duly and regularly adopted by the
Planning Commission of the City of Temecula at a regular meeting thereof held on the
5th day of March 2008, by the following vote:
AYES: 5 PLANNING COMMISSIONERS: Carey, Chiniaeff, Guerriero, Harter,
Telesio
NOES: 0 PLANNING COMMISSIONERS: None
ABSENT: 0 PLANNING COMMISSIONERS: None
ABSTAIN: 0 PLANNING COMMISSIONERS: None
~~~ ~ u. ~~
Debbie Ubnoske, Secretary
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EXHIBIT A
FINAL CONDITIONS OF APPROVAL
SCANNED:
G DRIVE:
PERMITS PLUS
INITIALS:
PLANNER:
3 3
Le Comte
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ACCEPTANCE OF CONDITIONS OF APPROVAL
I, Brad Johnson, understand that Planning Application No. PA07-0289 has been approved
with Conditions of Approval which are set forth in Exhibit A. I have read the Conditions of
Approval contained in PC Resolution No. 08 -14 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.
!I d
DATE
EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA07-0289
Project Description: A Minor Conditional Use Permit to authorize Max FPS Gaming to
have an indoor Local Area Network (LAN center) Internet and
video gaming facility within an existing 1,400 square foot suite
located at 41493 Margarita Road (Suite 102) in the Bel Villaggio
shopping center
Assessor's Parcel No.
MSHCP Category:
DIF Category:
TUMF Category:
Approval Date:
Expiration Date:
921-830-010
Commercial
Retail Commercial
Retail Commercial
March 5, 2008
March 5, 2010
WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT
Planning Department
The applicant/developer shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00)
for the County administrative fee, to enable the City to file the Notice of Exemption as
provided under Public Resources Code Section 21152 and California Code of Regulations
Section 15062. If within said 48-hour period the applicant/developer has not delivered to the
Planning Department the check as required above, the approval forthe 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
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
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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.
4. The permittee shall obtain City approval for any modifications or revisions to the approval of
this project.
5. 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 thetwo-year period, which is thereafter diligently pursued to completion,
or the beginning of substantial utilization contemplated by this approval.
6. The Director of Planning may, upon an application being filed within 30 days prior to
expiration, and for good cause, grant a time extension of up to 3 one-year extensions of
time, one year at a time.
7. A separate building permit shall be required for all signage.
8. The development of the premises shall substantially conform to the approved floor plan
contained on file with the Planning Department.
9. The applicant shall comply with their Statement of Operations on file with the Planning
Department, unless superseded by these Conditions of Approval.
10. The applicant shall ensure compliance with the written Policies of Max FPS Gaming on file
with the Planning Department, unless superseded by these Conditions of Approval.
11. The regular hours of operations shall be as follows:
Monday -Saturday 11 a.m. to 12 a.m.
Sunday 11 a.m. to 10 p.m.
12. A Temporary Use Permit shall be submitted and reviewed on a case-by-case basis if the
applicant is requesting extended hours of operations for summer, holidays and special
events such as gaming tournaments.
13. The applicant shall post at least three "No Loitering" signs throughout the project site subject
to the approval of the Director of Planning.
14. At least one adult employee shall be present during all hours of operation to ensure security
and supervision at the facility.
15. The applicant shall maintain an interior waiting area for no less then five customers.
16. The rear doors shall be used for emergency purposes only, and shall not be used by
customers for entrance/exit privileges.
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17. The applicant shall furnish one bicycle rack (four spaces total) on the project site, subject to
the approval of the Director of Planning.
18. The permittee shall ensure that all patrons are provided with a copy of the policies of Max
FPS Gaming and that each patron reads and signs the document.
19. Management and all employees of the establishment shall ensure that all patrons comply
with all Max FPS Gaming Policies, rules and regulations. Copies of these signed documents
shall be kept on file at the establishment.
20. The permittee shall post in a conspicuous location the policies of Max FPS Gaming.
21. The permittee shall ensure that access to detrimental viewing/adult themed material shall be
blocked by security software that shall be installed on all of the computers in the facility.
22. The viewing of adult material is strictly prohibited within the facility.
23. The permittee shall ensure that each patron fills out a member information card and all minor
shall have their parent and/or legal guardian sign the parental consentform indicating which
Enterfaiment Software Review Board (ESRB) rating is authorized. This information shall be
kept on file at the establishment.
24. The applicant shall post in a conspicuous location the Entertainment Software Review Board
(ESRB) rating for computer and video games.
25. The permittee shall post at the entrance of the business the 10 p.m. curfew notice (attached)
and inform parents/legal guardians of the Temecula Municipal Code Section 9.12.020.
26. The applicant/permittee shall ensure that each patron wears a headset while using the
computers, as consistent with the Statement of Operations.
Building and Safety Department
27. All design components shall comply with applicable provisions of the 2007 edition of the
California Building, Plumbing and Mechanical Codes; 2007 California Electrical Code;
California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access
Regulations, and the Temecula Municipal Code.
28. A receipt or clearance letter from the Temecula Valley School District shall be submitted to
the Building and Safety Department to ensure the payment or exemption from School
Mitigation Fees.
29. Obtain all building plans and permit approvals prior to commencement of any construction
work.
30. Provide an approved automatic fire sprinkler system.
31. All building and facilities must complywith applicable disabled access regulations. Provide
all details on plans (California Disabled Access Regulations effective April 1, 1998).
32. Provide disabled access from the public way to the main entrance of the building.
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33. Provide van accessible parking located as close as possible to the main entry.
34. Show path of accessibility from parking to furthest point of improvement.
35. Commercial and industrial project trash enclosures, patio covers, light standards, and any
block walls will require separate approvals and permits.
36. Signage shall be posted conspicuously at the entrance to the project that indicates the hours
of construction, shown below, as allowed by the City of Temecula Ordinance No. 94-21,
specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one-
quarter mile of an occupied residence.
Monday-Friday 6:30 a.m. - 6:30 p.m.
Saturday 7:00 a.m. - 6:30 p.m.
37. At Plan Review Submittal:
a. Restroom fixtures, number and type, to be in accordance with the provisions of the
2007 edition of the California Plumbing Code.
b. Provide electrical plan including load calculations and panel schedule, plumbing
schematic and mechanical plan applicable to scope of work for plan review.
Fire Prevention Bureau
38. Final fire and life safety conditions will be addressed when building plans are reviewed by
the Fire Prevention Bureau. 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.
39. During remodeling and/or addition construction "all fire and life safety systems' will be
maintained in working order and up to their original design and performance specifications
(CFC art.87 et al).
Police Department
40. After review of this Minor Conditional Use Permit request, there are no requirements for
extra police officers to be assigned at this time.
41. The sales and /or use of any alcoholic beverages are prohibited in accordance with City
Ordinance 97-07,(9.14.010 series TMC).
42. Applicant will ensure no loitering occurs on or adjacent to its premises during hours of
operation.
43. Applicant will ensure both pedestrian and vehicle traffic is not impeded. Sidewalks and
roadways throughout this area will be kept clear for movement of pedestrian foot and vehicle
traffic.
44. For public safety, applicant will ensure sufficient lighting is provided for customers during
hours of darkness.
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45. Applicant will ensurejuvenilesave 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
(Display of adult materials harmful to minors) TMC.
46. Applicant will familiarize employees with City Municipal Code 9.12.020 (Curfew Established)
TMC Curfew for minors. Applicant should have in plain view a sign stating the curfew law,
so that every patron will be knowledgeable about the law.
47. Employee training regarding retail theft, credit card prevention, business security surveyand
any other related crime prevention training procedures are available through Crime
Prevention Unit.
48. Applicant will be responsible for any cost incurred by the Police Department if additional
officers are required because of traffic problems/congestion, public disturbance orwhere the
need for police presence is required.
49. The Temecula Police Department reserves the right to stop, cancel or temporarily delay all
or portions of any activities, when police or public safety becomes a major issue.
50. If at any given time the Temecula Police Department has repeated calls for service at the
location listed in the conditions, the Temecula Police Department will require a minimum of
two officers on-site at the hourly rate of pay $63.09 (hourly rate is subject to change).
PRIOR TO ISSUANCE OF BUILDING PERMIT
Planning Department
51. The applicant shall show the location of the bike racks to be installed on the building plan
check submittal subject to the approval of the Director of Planning.
Building and Safety Department
52. Provide appropriate stamp of a registered professional with original signature on plans prior
to permit issuance.
53. Prior to beginning construction, apre-construction meeting is required with the building
inspector prior to the start of the building construction.
Fire Prevention Bureau
54. Prior to issuance of building permit fre sprinkler plans shall be submitted to the Fire
Prevention Bureau for approval if any additional walls are proposed for the tenant
improvement. Three sets of sprinkler plans must be submitted by the installing contractorto
the Fire Prevention Bureau. These plans must be submitted priorto the issuance of building
permit.
55. Prior to issuance of building permit fire alarm plans shall be submitted to the Fire Prevention
Bureau for approval. If there is a notification device in the suite already then a tenant
improvement alarm permitwill not be required. If there is no device in the suite then a tenant
improvement permit will be required for the alarm system. Three sets of 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.
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PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY
THIS PERMIT
Planning Department
56. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
Fire Prevention Bureau
57. Approved numbers or addresses shall be provided on all new and existing buildings in such
a position as to be plainly visible and legible from the street or road fronting the property.
Numbers shall be of a contrasting color to their background. Commercial buildings shall
have a minimum 12 inches numbers with suite numbers a minimum of six inches in size. All
suites shall gave a minimum of six-inch high letters and/or numbers on both the front and
rear doors. (CFC 901.4.4)
OUTSIDE AGENCIES
58. The applicant shall comply with the recommendations set forth in the County of Riverside
Department of Environmental Health's transmittal dated November 1, 2007, a copyofwhich
is attached.
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City of Temecula
Planning Department
c/o Katie Lecomte
PO BOX 9033
Temecula, CA 92589-9033
O1 November 2007
RE: PA07-0289
F~IVEF~SIDE
(~~ ~F
AGENT Y
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Bq 1'f~ttrlingDepartrnent
The Department of Environmental Health (DEH) has received and reviewed the PA07-
0289 for the minor Conditional Use Permit to authorize Max FPS Gaming to have an
indoor video gaming facility (LAN Center). The gaming facility proposes to have 34
gaming computers and 6 X-Box consoles. The proposed hours of operation are Mon-
Thur 11 am -12 am; Fri & Sat 11 am -tam 8c Sundays I 1 am to 10 am. This project will
be under the applicant: MAX FPS Gaming (Bradley D. Johnson)
The development plan application for 1,400 squaze foot suite at 41493 Mazgazita Road,
Suite 102 in the Bel Villagio shopping center (APN 953-583-037) shall be connected to a
potable water line and sanitary sewer from the closest purveyor. A water and sewer
availability letter shall be required by the City of Temecula at time of building plan
submittal to the City.
Any food vending (Items such as soft drinks, water, energy drinks and snacks: candy bazs
and chips) or restaurant use of the building shall require food plan check compliance by
the County of Riverside DEH.
If your have any questions, please do not hesitate to call me at 951.955.8980
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