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AGENDA
TEMECULA COMMUNITY DEVELOPMENT DIRECTOR'S HEARING
MEETING
April 13, 2017 1:30 P.M.
TEMECULA CITY HALL
Great Oak Conference Room
41000 Main Street
Temecula, CA 92590
Next in Order:
DH Resolution: 17-01
CALL TO ORDER:
Luke Watson, Director of Community Development
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public can address the Director of
Community Development on items that are not listed on the Agenda. Speakers are limited to
three (3) minutes each. If you desire to speak to the Director about an item not listed on the
"Request to Speak"
Agenda, a white form may be filled out and filed with the Director.
When you are called to speak, please come forward and state your name and address.
Item No. 1
Project Number: PA17-0164
Project Type: Conditional Use Permit
Project Title: MindTrap
Applicant: Nathan Bekker
Project Description: A Conditional Use Permit for the operation of MindTrap, an escape room
business to be located within an existing commercial suite.
Location: 26780 Ynez Court, Suite C
Environmental Action: Categorically Exempt,Section 15301, Class 1 Existing Facilities
Project Planner: Scott Cooper
NOTICE TO THE PUBLIC
The agenda packet (including staff reports) will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000
agenda packet may also be accessed on the
TemeculaCA.gov and will be available for public viewing at the respective meeting.
Supplemental material received after the posting of the Agenda
Any supplemental material distributed regarding any item on the agenda, after the posting of the agenda, will be available for public viewing in
the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula, 8:00 AM 5:00 PM). In addition, such material may be
TemeculaCA.gov and will be available for public viewing at the respective meeting.
If you have questions regarding any item on the agenda for this meeting, please contact the Community Development Department at the
Temecula Civic Center, (951) 694-6400.
STAFF REPORT PLANNING
CITY OF TEMECULA
DIRECTOR'S HEARING
DATE OF MEETING:
April 13, 2017
TO:
Luke Watson, Director of Community Development
PREPARED BY:
Scott Cooper, Case Planner
PROJECT
Planning Application No. PA17-0164,
SUMMARY:
(APN
921-750-009)
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:
Nathan Bekker
General Plan
Designation:
Community Commercial (CC)
Zoning Designation:
Community Commercial (CC)
Existing Conditions/
Land Use:
Site: Commercial Building / Community Commercial (CC)
North: Commercial Building / Community Commercial (CC)
South: Ynez Court, Commercial Building / Community Commercial (CC)
East: Commercial Building / Community Commercial (CC)
West: Ynez Road, Automobile Dealership / Service Commercial (SC)
Existing/Proposed Min/Max Allowable or Required
Lot Area:
0.68 Acres 0.23 Acres Minimum
Total Floor Area/Ratio
0.30 0.30
Parking Required/Provided:
31 Spaces Existing 31 Spaces Required
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BACKGROUND SUMMARY
On January 26, 2017, Nathan Bekker submitted Planning Application PA17-0164,
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
The project is located in the Community Commercial (CC) district at 26780 Ynez Court within an
existing single story commercial office building. The project would operate an escape room
within 1,111 square-feet of space of the commercial building utilizing an existing suite.
Hours of operation for the business are Monday through Sunday from 11:00 a.m. to 10:00 p.m.
Reservations are by appointment only, with no walk-ins allowed. The applicant prepared and
provided parking calculations for the existing commercial building that detailed parking required
for the commercial building is 31 spaces, with 31 spaces existing on the project site. Access to
the existing commercial building is off Ynez Court
Escape Room Description
Escape rooms are a family friendly, challenging, team building recreation activity where players
are placed in a room and have to use elements of the room to solve a series of puzzles and
escape within a set time limit. In addition, individual rooms within the business are traditionally
themed such as pirate ships, jungle safaris, offices, and jail cells.
Escape Room Land Use Determination
The Director of Community Development has determined that escape rooms shall be
considered a recreation facility under the Municipal Code Table 17.08.030 sports and
recreation facility category, which requiries a conditional use permit within the Community
Commercial (CC) zoning district.
LEGAL NOTICING REQUIREMENTS
Notice of the public hearing was published in the U-T San Diego on March 30, 2017 and mailed
to the property owners within the required 660-foot radius.
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 proposed Conditional Use Permit will operate at an existing facility. No site expansion is
proposed for the escape room business. Conditions of Approval have been implemented to
ensure the project does not cause adverse impacts to the surrounding area.
FINDINGS
Conditional Use Permit (Section 17.04.010.E.1)
The proposed conditional use is consistent with the General Plan and the Development Code.
As proposed, MindTrap will operate as an establishment with the primary purpose of an escape
room business. The proposed use is consistent with the City of Temecula General Plan and the
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Community Commercial (CC) designation which includes a sports and recreation facility
business serving the entire community with approval of a Conditional Use Permit.
The proposed conditional use is compatible with the nature, condition and development in
adjacent uses, buildings and structures and the proposed conditional use will not adversely
affect the adjacent uses, buildings or structures.
MindTrap is proposed within an existing commercial building of the Community Commercial
district. The proposed conditional use is consistent with all requirements of the Development
Code and with the surrounding commercial uses and will therefore be 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 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 development on the project site meets all of the requirements of the Development Code.
Therefore, the site for the proposed conditional use is adequate in size and shape to
accommodate the yards, walls, fences, 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 nature of the proposed conditional use is not detrimental to the health, safety and general
welfare of the community.
As conditioned, the project will meet all requirements of the Development Code and General
Plan which provided safeguards for the health, safety and general welfare of the community.
Therefore, the project is not anticipated to be detrimental to the health, safety and general
welfare of the community. The project has been reviewed for, and as conditioned, has been
found to be consistent with, all applicable policies, guidelines, standards and regulations
intended to ensure that the development will be constructed and function in a manner consistent
with the public health, safety and welfare.
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
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. The project has been reviewed for, and as conditioned, has been
found to be consistent with, all applicable policies, guidelines, standards and regulations
intended to ensure that the development will be constructed and function in a manner consistent
with the public health, safety and welfare.
ATTACHMENTS
Vicinity Map
Plan Reductions
DH Resolution
Exhibit A - Draft Conditions of Approval
Statement of Operations
Notice of Public Hearing
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VICINITY MAP
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City of Temecula
PA17-0164
Project Site
0250500
Feet
N
This map was made by the City of Temecula Geographic Information System.
The map is derived from base data produced by the Riverside County Assessor's
Department and the Transportation and Land Management Agency of Riverside
County. The City of Temecula assumes no warranty or legal responsibility for the
information contained on this map. Data and information represented on this map
are subject to update and modification. The Geographic Information System and
other sources should be queried for the most current information.
This map is not for reprint or resale.
PLAN REDUCTIONS
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DH RESOLUTION
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DH RESOLUTION NO. 17-
A RESOLUTION OF THE COMMUNITY DEVELOPMENT
DIRECTOR OF THE CITY OF TEMECULA APPROVING
PLANNING APPLICATION NO. PA17-0164, A
CONDITIONAL USE PERMIT FOR THE OPERATION OF
MINDTRAP, AN ESCAPE ROOM BUSINESS TO BE
LOCATED WITHIN AN EXISTING COMMERCIAL SUITE
AT 26780 YNEZ CT., SUITE C, AND MAKING A FINDING
OF EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) (APN 921-750-
009)
Section 1. Procedural Findings. The Community Development Director of the
City of Temecula does hereby find, determine and declare that:
A. On January 26, 2017, Nathan Bekker filed Planning Application No. PA17-
0164, a 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 Community Development Director, at a regular meeting, considered
the Application and environmental review on April 13, 2017 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 Community Development Director approved Planning Application No.
PA17-0164 subject to Conditions of Approval, after finding that the project proposed in
Planning Application No. PA17-0164 conformed to the City of Temecula’s General Plan
and Development Code.
Section 2. Further Findings. The Community Development Director, in
approving Planning Application No. PA17-0164 hereby makes the following findings as
required by Section 17.040.010.E (Conditional Use Permit) of the Temecula Municipal
Code:
Conditional Use Permit / Section 17.040.010.E
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;
As proposed, MindTrap will operate as an establishment with the primary
purpose of an escape room business. The proposed use is consistent with the
City of Temecula General Plan and the Community Commercial (CC) designation
which includes a sports and recreation facility business serving the entire
community with approval of a Conditional Use Permit.
1
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;
MindTrap is proposed within an existing commercial building of the Community
Commercial district. The proposed conditional use is consistent with all
requirements of the Development Code and with the surrounding commercial
uses and will therefore be 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.
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 development on the project site meets all of the requirements of the
Development Code. Therefore, the site for the proposed conditional use is
adequate in size and shape to accommodate the yards, walls, fences, 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.
D. The nature of the proposed conditional use is not detrimental to the
health, safety and general welfare of community;
As conditioned, the project will meet all requirements of the Development Code
and General Plan which provided safeguards for the health, safety and general
welfare of the community. Therefore, the project is not anticipated to be
detrimental to the health, safety and general welfare of the community. The
project has been reviewed for, and as conditioned, has been found to be
consistent with, all applicable policies, guidelines, standards and regulations
intended to ensure that the development will be constructed and function in a
manner consistent with the public health, safety and welfare.
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 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. The project has been reviewed for, and
as conditioned, has been found to be consistent with, all applicable policies,
guidelines, standards and regulations intended to ensure that the development
will be constructed and function in a manner consistent with the public health,
safety and welfare.
2
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 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 proposed Conditional Use Permit will operate at an existing facility. No site
expansion is proposed for the escape room business. Conditions of Approval
have been implemented to ensure the project does not cause adverse impacts to
the surrounding area.
Section 4. Conditions. The Community Development Director of the City of
Temecula hereby approves Planning Application No. PA17-0164, a Conditional Use
Permit for the operation of an escape room business within an existing commercial suite
located at 26780 Ynez Ct., Suite C, subject to the Conditions of Approval set forth on
Exhibit A, attached hereto, and incorporated herein by this reference.
PASSED, APPROVED AND ADOPTED
Section 5. by the Community
Development Director of the City of Temecula this 13th day of April, 2017.
Luke Watson
Director of Community Development
I, Denise Jacobo, Secretary of the Temecula Director’s Hearing, do hereby certify
that DH Resolution No.17- was duly and regularly adopted by the Community
Development Director of the City of Temecula at a regular meeting thereof held on the
th
13 day of April, 2017.
Denise Jacobo, Secretary
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EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
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EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
PA17-0164
Planning Application No.:
Conditional Use Permit for the operation of MindTrap, an escape room
A
Project Description:
business to be located within an existing commercial suite at 26780 Ynez
Ct., Suite C
921-750-009
Assessor's Parcel No.:
N/A (no new square footage / no grading)
MSHCP Category:
N/A (no new square footage)
DIF Category:
N/A (no new square footage)
TUMF Category:
N/A (non-residential)
Quimby Category:
April 13, 2017
Approval Date:
April 13, 2019
Expiration Date:
PLANNING DIVISION
Within 48 Hours of the Approval
1.Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a
cashiers check or money order made payable to the County Clerk in the amount of Fifty
Dollars ($50.00) 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 Division the check as required above, the approval for the project
granted shall be void by reason of failure of condition (Fish and Wildlife Code Section
711.4(c)).
General Requirements
2.Indemnification of the City. The applicant and owner of the real property subject to this
condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its
attorneys 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.
3.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.
4.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.
5.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.
6.Signage Permits. A separate building permit shall be required for all signage.
7.
Modifications or Revisions. The permittee shall obtain City approval for any modifications or
revisions to the approval of this project.
8.Statement of Operations. The applicant shall comply with their Statement of Operations dated
January 20, 2017, 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
pproval control.
A
9.Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section
17.03.080 of the City’s Development Code.
10.City Review and Modification of CUP. The City, its Director of Community Development,
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 Director of Community Development, Planning Commission and City Council is in addition
to, and not in-lieu of, the right of the City, its Director of Community Development, 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.
BUILDING AND SAFETY DIVISION
General Requirements
11. 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.
12.Compliance with Code. All design components shall comply with applicable provisions of the
2016 edition of the California Building, Plumbing and Mechanical Codes; 2016 California
Electrical Code; California Administrative Code, 2016 California Energy Codes, 2016
California Green Building Standards, California Title 24 Disabled Access Regulations, and City
of Temecula Municipal Code.
13.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 entry.
14.Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit
approvals prior to commencement of any construction work.
15.Demolition. Demolition permits require separate approvals and permits.
16.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 Municipal Ordinance
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.
17.Non-construction C of O. A non-construction Certificate of Occupancy shall be required prior
to the release of the tenant space for operation.
At Plan Review Submittal
18.Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4)
complete sets of plans.
a. An electrical plan including load calculations and panel schedule, plumbing schematic,
mechanical plan, and framing plan applicable to scope of work.
Prior to Issuance of Building Permit(s)
19.Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of
a registered professional with original signature on the plans.
FIRE PREVENTION
General Requirements
20.Fire Requirement. Since no construction is being conducted there will be no sprinkler permits
required. There is already an existing fire alarm device in the building and no additional alarm
devices will be required.
Prior to Issuance of Certificate of Occupancy
21.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 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. (CFC Chapter 5 and City Ordinance
15.16.020).
22.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).
STATEMENT OF OPERATIONS
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NOTICE OF PUBLIC HEARING
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Nticeof Publi Herin
oouccaagg
A PUBLIC HEARINNG has beeen scheduleed before thhe City of TTemeculaCCOMMUNITYY
DEVELLOPMENT DDIRECTORtto considerr the matterr described below:
Case No:
PA17-0164
Applicantt:
Nathan Bekkker
Proposal::
A Conditionaal Use Permmit for the opeeration of MiindTrap, an eescape roomm business too
be located wwithin an exissting commerrcial suite at 26780 Ynez Ct., Suite C
Environental:
mmIn accordace with the California Environmentl Quality At (CEQA), he propose
nnEaaccttdd
project is eempt from urther envionmental rview and a Notice of Eemption wil
xxffrreexxl
be adopted in compliance with CEQQA (Existing Facilities, SSection 153001, Class 1)
Case Plannner:
, (951) 50-5137
Scott Coopeer66
Place of HHearing:
City of Temecula, Grea Oak Confrence Roo
teemm
Date of Heearing:
April 13, 2017
Time of Hearing:
1:30 p.m.
Theagenda paccket (including staff repports) will bee available for viewing in the Mainn Receptionn area at thee
Temmecula Civic Center (410000 Main Strreet, Temecuula) after 4:000 p.m. the FFriday beforre the Directoor’s Hearingg.
Suupplementaal
t tat time, th packet ma also be acessed on he City’s website – TeeculaCA.ov. Any
Ahheeyyccttwmmgg
Mateerial
regardng any ite on the Agnda, after te posting f the Agena, will be aailable for ublic revie
iimmeehhooddvvppww
in thhe Main Recception areaa at the Temmecula Civicc Center (411000 Main SStreet, Temeecula), 8:00 a.m. – 5:000
p.m. In additio, such matrial will be made availble on the City’s webste – TemeulaCA.gov and will b
nneeaaCiicc––ee
avaiable for pulic review a the respecive meetin.
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If yoou have anyy questions regarding aany item of business onn the Agendda for this mmeeting, pleease call thee
Comunity Development Dpartment, 951) 694-600.
mmee((44