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HomeMy WebLinkAbout94-089 CC ResolutionRESOLUTION' NO. 94-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PA94-0043, MINOR CONDITIONAL USE PERMIT TO PERMIT LOCATION AND OPERATION OF A 6,800 SQUARE FOOT BILLIARDS HALL AND VIDEO GAME ARCADE LOCATED AT 41915 MOTOR CAR PARKWAY, SUITES A,B,C AND KNOWN AS ASSESSOR'S PARCEL NO. 921-680-0008 WIiERF. AS, Maria Smedly filed application PA94-0043, Minor Conditional Use Permit (the "Application") in accordance with City of Temecula General Plan and Riverside County Land Use and Subdivision Ordinances, which the City has adopted by reference; WI~'at, EAS, said Application was processed in the time and manner prescribed by State and local law; wmZREAS, the Planning Commission of the City of Temecula considered the Application on July 18, 1994 and August 1, 1994, at duly noticed public heatings as prescribed by law, at which time interested persons had an opportunity to testify either in support or in opposition and denied the Application; WlqEREAS, the City Council appealed the Planning Commission's action on August 9, 1994 and considered the appeal of the Application at a duly noticed public hearing on August 23, 1994, as prescribed by law, at which time interested persons had an opportunity to testify either in support or in opposition; WHEREAS, at the hearing before the City Council, the Applicant modified the Application by withdrawing her request that the Minor Conditional Use Permit allow the service of alcoholic beverages on site; WHEREAS, at the public hearings, upon hearing and considering all testimony and arguments, if any, of all persons deserving to be heard, the City Council considered all facts relating to Planning Application No. PA94-0043; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TI~MF_LX.~ DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Rresos 94-89 I Section 1. Findings. That the Temecula City Council hereby makes the following findings: A. Pursuant to Section 18.28(e), no Conditional Use Permit may be approved unless the Applicant demonstrates the proposed use will not be detrimental to the health, safety and welfare of the community, and further, that any Conditional Use Permit approved shall be subject to such conditions as shall be necessary to protect the health, safety and general welfare of the community. B. The City Council, in approving the proposed Minor Conditional Use Permit, makes the following findings, to wit: 1. PA94-0043, Minor Conditional Use Permit is consistent with the City's General Plan, due to the fact that the proposed commercial project is consistent with the requirements of the General Commercial zone and the General Plan Land Use designation of Community Commercial. 2. The proposed project is consistent with Ordinance No. 348 since it meets all the requirements of Ordinance No. 348. 3. The project as designed and conditioned will not adversely affect the public health or general welfare of the community. The project meets the criteria prescribed under Ordinance No. 348, Section 18.28. In addition, the attached Conditions of Approval will assure adequate circulation, access and parking which will facilitate the proposed use. 4. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the present or planned land use of the area. The project conforms with applicable land use and development regulations. Surrounding development is predominantly commercial uses and vacant land. The proposed use has been conditioned to insure it will not impact the surrounding area businesses. 5. The proposed project will not have a significant impact on the environment since the project is a Class 1 Categorical Exemption from the California Environmental Quality Act. C. As conditioned pursuant to Section 3, the Minor Conditional Use Permit proposed is compatible with the health, safety and welfare of the community. Section 2. g, nvironmental Conlpliance. The proposed use has been determined to be a Class I Categorical Exemption from the California Environmental Quality Act. Section 3. Approval and Conditions. The City Council of the City of Temecula hereby approves PA94-0043, Minor Conditional Use Permit for the location and operation of 6,800 Rresos 94-89 2 square foot billiards hall and video game arcade located at 41915 Motor Car Parkway, Suites A,B,C, and known as Assessor's Parcel No. 921-680-0008, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein, subject to the following additions and deletions: A. No alcoholic beverages shall be served, sold or consumed on the property subject to this permit; B. As long as the Applicant has an interest in a business subject to this permit, Applicant shall not request an application for liquor service on the site. C. Condition 18 as set forth on Exhibit A is hereby deleted. PASSED, APPROVED AND ADOPTED this 23rd day of August, 1994. Ron Roberts, Mayor ATTEST: reek, City Clerk [SEAL] 94-89 3 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF TEMECULA ) SS I June S. Greek, City Clerk of the City of Temecula DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 23rd day of August, 1994, by the following vote, to wit: AYES: 5 COUNCILMEMBERS: Birdsall, Mufioz, Parks, Stone, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 94-89 4 CITY OF TEMECULA CONDITIONS OF APPROVAL Case No.: PA94-0043, Minor Conditional Use Permit Project Description: A request for approval for the location and operation 6,800 square foot billiards hall and video game arcade located at 41915 Motor Car Parkway, Suites A,B,C. Applicant: Maria Smedly, Klassic Shotz Billiards Assessor's Parcel No.: 921-680-008 Approval Date: Expiration Date: August 23, 1994 August 23, 1996 PLANNING DEPARTMENT General Requirements The use hereby permitted by this Minor Conditional Use Permit is a request for approval for the location and operation 6,800 square foot billiards hall and video game arcade located at 41915 Motor Car Parkway, Suites A,B,C. The permittee shall defend, indemnify, and hold harmless the City of Temecula, its agents, officers, and employees from any claims, action, or proceeding against the City of Temecula or its agents, officers, or employees to attach, set aside, void, or annul, an approval of the City of Temecula, its advisory agencies, appeal boards, or legislative body concerning PA No. 94-0043. The City of Temecula will promptly notify the permittee of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the permittee of any such claim, action or proceeding or fails to cooperate fully in the defense, the permittee shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. This approval shall be used within one (1) year of approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the one (1) year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. The development of the premises shall conform substantially with that as shown on the site plan for PA94-0043 Minor Conditional Use Permit marked Exhibit "D" - Site Plan and Exhibit "E" - Floor Plan, or as amended by these conditions. o A minimum of 34 parking spaces shall be provided in accordance with Section 18.12, Riverside County Ordinance No. 348. R:\STAFFRPT'~43PA94.PC 9/1/94 klb 9 A minimum of one (1) handicapped parking space shall be provided as shown on Exhibit A. 7. Four (4) Class II bicycle racks shall be provided. The Minor Conditional Use Permit may be revoked pursuant to Section 18.31 of Ordinance 348. At such time the use is increased in size or the site is significantly altered, the applicant shall re-file with the Planning Department. 10. In the event the use hereby permitted ceases operation for a period of one (1) year or more, this approval shall become null and void. 11. On or before September 28, 1994, the applicant shall comply with the requirements of Ordinance No. 94-16, the special license requirement for billiards halls. 1 2. Hours of operation shall be as follows: Sunday through Thursday - I I a.m. to 12 a.m. Friday and Saturday - 11 a.m. to 2 a.m. 13. A maximum of 13 pool tables shall be allowed. Within Forty-Eight (48) Hours of the Approval of this Project 14. The applicant/developer shall deliver to the Planning Department a cashier's check or money order payable to the County Clerk in the amount of Seventy-Eight Dollars ($78.00) County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be voided by reason of failure of condition. Prior to the Issuance of Occupancy Permits 15. An application for signage shall be submitted and approved by the Planning Director. 16. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height if 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: R:\STAFFRPT~43PA94.PC 9/1/94 klb 1 0 "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at owner's expense. Towed vehicles may be reclaimed at or by telephone In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 square feet in size. 17. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. DEPARTMENT OF PUBLIC WORKS Prior to Issuance of Occupancy 18. The Applicant shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project. The fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which the Applicant requests its building permit for the project or any phase thereof, the Applicant shall execute the Agreement for payment of Public Facility Fee, a copy of which has been provided to the Applicant. Concurrently, with executing this Agreement, the Developer shall post a bond to secure payment of the Public Facility Fee. The amount of the bond shall be $2.00 per square foot, not to exceed $10,000. The Applicant understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees). By execution of this Agreement, the Applicant will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; provided that the Applicants is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. The above fees shall not be applicable if, at a later date, it is determined by the Director of Public Works that the project is exempt from said fees. DEPARTMENT OF BUILDING AND SAFETY 19. Comply with applicable provisions of the 1991 edition of the Uniform Building, Plumbing and Mechanical; 1990 National Electrical Code; California Administrative Code Title 24 Energy and Disabled Regulations and the Temecula Municipal Code. 20. Obtain all building plan and permit approvals prior to the commencement of any construction work. 21. All buildings and facilities must comply with applicable handicapped accessibility regulations. R:\STAFFRPT~43PA94.PC 9/1/94 klb 11 22. Restroom fixtures, number and type, shall be in accordance with the provisions of the 1991 edition of the uniform plumbing code, Appendix C. 23. Provide appropriate stamp of a registered professional with original signature on plans submitted for plan review. 24. Provide electrical plan including load calcs and panel schedule, plumbing schematic and mechanical plan for plan review. OTHER AGENCIES 25. The applicant shall comply with the recommendations outlined in the Riverside County Department of Environmental Health Department transmittal dated June 6, 1994, a copy of which is attached. 26. The applicant shall comply with the recommendations outlined in the Riverside County Fire Department transmittal dated June 27, 1994, a copy of which is attached. 27. The applicant shall comply with the recommendations outlined in the Rancho California Water District transmittal dated June 17, 1994, a copy of which is attached. 28. The applicant shall comply with the recommendations outlined in the Temecula Police Department transmittal dated June 1, 1994, a copy of which is attached. R:\STAFFRPT~43PA94.PC 9/1/94 klb 12