Loading...
HomeMy WebLinkAbout08_051 PC Resolution PC RESOLUTION NO. 08-51 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0183, A MINOR CONDITIONAL USE PERMIT TO AUTHORIZE EONS GAMING TO OPERATE AN INDOOR VIDEO GAMING FACILITY WITHIN A 3,866 SQUARE FOOT UNIT LOCATED AT 41533 MARGARITA ROAD, SUITE M101, IN THE BEL VILLAGGIO SHOPPING CENTER (APN 921-830-015) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On August 25, 2008, EONS Gaming, filed Planning Application No. PA08- 0183, a Minor 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 Planning Commission, at a regular meeting, considered the Application and environmental review on November 19, 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. PA08-0183 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the 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 use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; 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 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 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 2 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 structures; The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures. EONS Gaming will be located within the existing Bel Villaggio shopping center and is compatible with the surrounding uses. EONS Gaming is a commercial/retail use and will be surrounded by existing commercial, office, restaurant, and other similar uses. 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 adjacent 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 Conditions of Approval will ensure minimal impact to the surrounding businesses in the shopping center. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking loading facilities, buffer areas, landscaping, and other development features prescribed in this Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The site for the proposed conditional use is an existing 3,866 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 to 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. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of community; 3 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 affect the 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 Minor 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). 1. The project involves negligible or no expansion of an existing use. The 3,866 square foot suite, in which EONS Gaming will occupy, was built as a part of a shopping center that was previously reviewed and approved by the City of Temecula Planning Commission. The proposed conditional use, a video gaming facility, does not include any new construction or physical expansion of the existing multi-tenant structure. The site contains sufficient parking spaces and improvements for the proposed use. The building is not being expanded and the approval will not result in a significant expansion beyond that which exists currently. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA08-0183, a video gaming facility, located at 41533 Margarita Road, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. a Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 19th day of November 2008. John Telesio, Chairman ATTEST: Debbie Ubnoske, Secretary ~-I~EA6~i' ;STATE OF CAUJ %RNIA ) COUNTY OF RIVERSIDE )ss CITY OF 7EMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 08-51 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 19th day of November 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 %Ae - Lle~40K=-~ Debbie Ubnoske, Secretary 5 EXHIBIT A FINAL CONDITIONS OF APPROVAL SCANNED: ~z-I-dY ~Z"r-✓Y G DRIVE: PERMITS PLUSJ z'~ -0Y INITIALS: !'i n - ' PLANNER: S IMF ACCEPTANCE OF CONDITIONS OF APPROVAL I, Adam Burkhalter, understand that Planning Application No. PA08-0183 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. 08-51 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. S U DAY EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA08-0183 Project Description: A Minor Conditional Use Permit to authorize EONS Gaming to operate an indoor video gaming facility within a 3,866 square foot unit located at 41533 Margarita Road, Suite M101, in the Bel Villaggo shopping center Assessor's Parcel No.: 921-830-015 MSHCP Category: N/A DIF Category: N/A TUMF Category: N/A Approval Date: November 19, 2008 Expiration Date: November 19, 2010 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL-1. 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 for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). PL-2. 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 PL-3. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or 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. PL-4. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-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 the two year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL-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. PL-7. A separate building permit shall be required for all signage. PL-8. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into coriformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. PL-9. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on-site plan. PL-10. Parking for the project shall be shared across the site, including parking spaces in all lots that are a part of the project. PL-11. The applicant shall comply with their Statement of Operations dated August 25, 2008, on file with the Planning Department, unless superseded by these Conditions of Approval. PL-12. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL-13. The City, its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission and City Council is in addition to, and not in- lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. PL-14. The applicant shall ensure compliance with the written Policies of EONS Gaming on file with the Planning Department, unless superseded by these Conditions of Approval. PL-15. The regular hours of operations shall be as follows: Sunday through Thursday 12 p.m. to 10 p.m., and Friday and Saturday 10 a.m. to 12 a.m. PL-16. 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. PL-17. The applicant shall post at least three "No Loitering" signs throughout the project site subject to the approval of the Director of Planning. PL-18. At least one adult employee shall be present during all hours of operation to ensure security and supervision at the facility. PL-19. The applicant shall maintain an interior waiting area for no less then five customers. PL-20. The rear doors shall be used for emergency purposes only, and shall not be used by customers for entrance/exit privileges. PL-21. The applicant shall furnish one bicycle rack (four spaces total) on the project site, subject to the approval of the Director of Planning. PL-22. The permittee shall ensure that all patrons are provided with a copy of the policies of EONS Gaming Policies and that each patron reads and signs the document. PL-23. Management and all employees of the establishment shall ensure that all patrons comply with all EONS Gaming Policies, rules and regulations. Copies of these signed documents shall be kept on file at the establishment. PL-24. The permittee shall post in a conspicuous location the policies of EONS Gaming Policies. PL-25. 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. PL-26. The viewing of adult material is strictly prohibited within the facility. PL-27. The permittee shall ensure that each patron fills out a member information card and all minors shall have their parent and/or legal guardian sign the parental consent form indicating which Entertainment Software Review Board (ESRB) rating is authorized. This information shall be kept on file at the establishment. PL-28. The applicant shall post in a conspicuous location the Entertainment Software Review Board (ESRB) rating for computer and video games. PL-29. The permittee shall post at both the entrance of the business and inside the facility the 10 p.m. curfew notice (attached) and inform parents/legal guardians of the Temecula Municipal Code Section 9.12.020. (Amended at the November 19, 2008 Planning Commission hearing). PL-30. The applicant/permittee shall ensure that each patron wears a headset while using the computers. PL-31. Registered patrons that are 12 years of age or under must be accompanied by a parent or legal guardian (Added at the November 19, 2008 Planning Commission). Prior to Issuance of Building Permit(s) PL-32. 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. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL-33. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. BUILDING AND SAFETY DEPARTMENT General Conditions/Information B-1. 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. B-2. Provide disabled access from the public way to the main entrance of the building. B-3. Provide van accessible parking located as close as possible to the main entry. B-4. Show path of accessibility from parking to furthest point of improvement. B-5. Submit at time of plan review, a complete exterior site lighting plan showing compliance with Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. As applicable to scope of work proposed. B-6. Obtain all building plans and permit approvals prior to commencement of any construction work. At Plan Review Submittal B-7. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. B-8. Provide number and type of restroom fixtures, to be in accordance with the provisions of the 2007 edition of the California Plumbing Code. B-9. Provide precise grading plan to verify accessibility for persons with disabilities. Prior to Issuance of Building Permit(s) B-10. Provide appropriate stamp of a registered professional with original signature on plans. Prior to Beginning of Construction B-11. A pre-construction meeting is required with the building inspector prior to the start of the building construction. COMMUNITY SERVICES DEPARTMENT General Conditions/Information CS-1. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. CS-2. The applicant shall comply with the Public Art Ordinance. Prior to Issuance of Building Permits CS-3. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. FIRE PREVENTION General Requirements F-1. 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. F-2. 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 Chapter 1). Prior to Issuance of Building Permit(s) F-3. If full height walls and T-Bar ceiling are to be added/constructed then a sprinkler tenant improvement plan will be required to be submitted. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of 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. F-4. If the suite does not have a fire alarm notification device (horn or a horn/strobe) then a alarm tenant improvement plan will be required to be submitted. Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. 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. These plans must be submitted prior to the issuance of building permit. Prior to Issuance of Certificate of Occupancy F-5. 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 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 six-inch high letters and/or numbers on both the front and rear doors. (CFC Chapter 5, Section 505.1 and Temecula City Ordinance 15.16.020 Section E). POLICE DEPARTMENT General Requirements PD-1. Based upon the type of events, there are no requirements for additional police officers to be present, however, two security officers will be required on-site if repeated calls for service occur at this location. PD-2. Applicant will comply with Ordinance 97-07,9.14.010 Temecula Municipal Code Series. PD-3. Applicant will ensure no loitering occurs on or adjacent to its premises during hours of operation. PD-4. Applicant will ensure sufficient lighting is provided for customers during hours of darkness if hours of operation extend into the night. PD-5. At no time will any public road closures occur without prior approval from the Temecula City Council. PD-6. 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 (Display of adult materials harmful to minors) TMC. PD-7. 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. PD-8. Applicant will ensure both pedestrian and vehicle traffic is not impeded by this event. Sidewalks and roadways throughout this area will be kept clear for movement of pedestrian foot and vehicle traffic. PD-9. Applicant will be responsible for any cost incurred by the Police Department if additional officers are required because of traffic problems/congestion, public disturbance or where the need for police presence is required. PD-10. The Temecula Police Department reserves the right to stop, cancel or temporarily delay all or portions of any activities occurring at this event, when police or public safety becomes an issue. PD-11. Employee training regarding retail theft, credit card prevention, business security survey and any other related crime prevention training procedures are available through Crime Prevention Unit. 10 P.M. CURFEW The City of Temecula and the Temecula Police Department want to ensure the safety of all juveniles in the city. To further this effort the City has established a 10 P.M. curfew which the Temecula Police Department strictly enforces. After 10 P.M. any person under 18 years of age and who is in a public area must be accompanied by a legal guardian who is over 18. EONS Gaming requires our minor customers to be picked up by 10 P.M. or be accompanied by a parent and/or legal guardian. Temecula Municipal Code 9.12.020 Curfew established. Every minor who is present in or upon any public or private street, road, drive, alley or trail; any public or community park or recreation area; any public ground, place or building; or any vacant lot or abandoned or vacant building between the hours of ten p.m. and the time of sunrise of the following day is guilty of an infraction unless the minor meets one of the exceptions set forth in subsection C of this section. (Ord. 97-16 § 2(A): Ord. 94-20 § 2 (part))