HomeMy WebLinkAbout091703 PC Agenda' In' ~drnpl~a;n~e Wit'0.~he A.m-"~t[ -c~ h§~i[-~i~i~ti~(~t, if:Y'CJu need spe(~i~l ass!st ap.c~ i° ~a~idipate in t his meeting, I
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CALL TO ORDER
Flag Salute:
Roll Call:
PUBLIC COMMENTS
AGENDA
TEMECULA PLANNING COMMISSION
REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
SEPTEMBER 17, 2003 - 6:00 P.M.
Next in Order:
Resolution: No. 2003-056
Commissioner Guerriero
Guerriero, Mathewson, Olhasso, Telesio and Chiniaeff
A total of 15 minutes is provided so membem of the public may address the Commission
on items that are not listed on the Agenda. Speakers are limited to three (3) minutes
each. If you desire to speak to the Commission about an item not on the Agenda, a
salmon colored "Request to Speak" form should be filled out and filed with the
Commission Secretary.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items a "Request to Speak" form must be filed with the
Commission Secretary prior to the Commission addressing that item. There is a three
(3) minute time limit for individual speakers,
CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will
be enacted by one roll call Vote, There will be no discussion of these items unless
Members of the Plan ning Commissio~ request specific items be removed from the
Consent Calendar for separate action.
1 Agenda
RECOMMENDATION:
1.1 Approve the Agenda of September 17,~2003
R:~PLANCOMM\Agendas~003\09-17-03.doc
2 Director's Hearinq Case Update
RECOMMENDATION:
2.1 Approve the Director's Hearing Case Update for August 2003
COMMISSION BUSINESS
PUBLIC HEARING ITEMS
Any person may submit written comments to the Planning Commission before a
public hearing or may appear and be heard in support of or in opposition to the
approval of the project(s) at the time of hearing. If you challenge any of the
projects in court, you may be limited to raising only those issues you or someone
else raised at the public hearing or in written correspondences delivered to the
Commission Secretary at, or prior to, the public hearing.
New Items
3 Plannin.q Application No. PA03-0167 A Conditional Use Permit And Development Plan to
expand an existinq church site use by constructinq a 10,902 square foot classroom buildin.q,
a 2,301 square foot office addition1 and a remodel to the existinq 4,009 square foot
classroom buildinq on an 8.43-acre site located at 41875 C Street, Rick Rush, Associate
Planner
RECOMMENDATION:
3.1 Adopt a Notice of Exemption for Planning Application No. PA03-0167 pursuant to
Section 15314 of the California Environmental Quality Act;
3.2 Adopt a resolution entitled:
PC RESOLUTION NO. 2003-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA03-0167 A CONDITIONAL USE PERMIT AND
DEVELOPMENT PLAN TO EXPAND AN EXISTING CHURCH
SITE USE BY CONSTRUCTING A 10,902 SQUARE FOOT
CLASSROOM BUILDING, A 2,301 SQUARE FOOT OFFICE
ADDITION, AND A REMODEL TO THE EXISTING 4,009
SQUARE FOOT CLASSROOM BUILDING ON AN 8.43-ACRE
SITE LOCATED AT 41875 C STREET KNOWN AS
ASSESSORS PARCEL NO. 922-080-010 & 922-080-011.
R;\PLANGOMM~Agendas~2003\09-17-03.doc
2
4 -Planni~Appiication~l~S'}(PA03=o:1;62:,~¢~qP(~¥e.a Computer network and an Internet
- qaminqfacility-lo~5~ited~a~7~]J1._J~/~er$6r~-A¥$nue:,' Suite 103, Dan Lonq, Associate Planner
RECOMMENDATION:
4.1 Adopt a Notice of Exemption for Planning Application No. PA03-0162 pursuant to
Section 15301 of the California Environmental Quality Act Guidelines;
4.2 Adopt a resolution entitled:
PC RESOLUTION NO. 2003-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPRO~/ING PLANNING APPLICATION
NO. PA03-0162 A MINOR CONDITIONAL USE PERMIT TO
ESTABLIS~H'_A'1,980 SQUAR~ FOOT COMPUTER NETWORK
AND INTERNET GAMING FKCILITY AT 27911 JEFFERSON
AVENUE, SUITE 103 KNOWN AS ASSESSORS PARCEL NO.
921-050-012
5 'Planninq Application No. PA02-0701 A Minor Conditional Use Permit proposal to operate a
Internet-arcade/caf~ 'in. a commercial c~'r~er that provides entertainment for customers-
primarily between 15-25 years of a.qe-IO'cated at 27309 Jefferson Avenue, Suite 103,
Thomas Thornsley, Associate Planner
RECOMMENDATION:
5.1 Adopt a Notice of Exemption for Planning Application No. PA02-0701 pursuant to
Section 15301 of the California Environmental Quality Act Guidelines;
5.2 Adopt a resolution entitled:
PC RESOLUTION NO. 2003-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPRO~/ING PLANNING APPLICATION
NO. PA02~0701, A MINOR O~NDITIONAL USE PERMIT TO
OPERATE.AN 1,800 SQUARe-FOOT COMPUTER NETWORK
AND INTERNET GAMING F~ClLITY AT 27309 JEFFERSON
AVENUE, SUI;I'E 104 KNOWN-AS ASSESSORS PARCEL NO.
909-281-031
COMMISSIONER'S REPORTS
PLANNING DIRECTOR'S REPORT
ADJOURNMENT
Next regular meeting:
Council Chambers
43200 Busine.ss Park Drive
Temecula, CA 92590
October 1, 2003
R:\PLANCOMM~Agendas~003\09-17-03.doc
3
ITEM #2
TO:
FROM:
DATE:
SUBJECT:
CITY OFTEMECULA
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
MEMORANDUM
Planning Commission
Debbie Ubnoske, Director of Planning
September 17, 2003
Director's Hearing Case Update
Planning Director's Agenda items for August 2003
August21,2003 PA03-0166 Conditional Use Permit and Development Blake Scripps Approved
Plan application for self-serve car wash
facility.
August 21,2003 PA03-0364 A Minor Conditional Use Permit application Lavdie Approved
to establish a large family home day care Hamzai
facility.
Attachments:
1. Action Agendas - Blue Page 2
p:~PLANN1NGLDIRHEARX, MEMO~2003~August 2003.memo.d~c
1
ATTACHMENT NO. 1
ACTION AGENDAS
P:~PLANN1NG~DIRHEAR~IEMO~2003~August 2003.memo.dec
2
ACTION AGENDA
TEMECUI~A PLANNING DIRECTOR'S HEARING
REGULAR MEETING
AUGUST 21, 2003 1:30 PM
TEMECULA CITY HALL MAIN CONFERENCE ROOM
43200 Business Park Drive
Temecula, CA 92590
CALL TO ORDER: Don Hazen, Principal Planner
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public can address the Principal Planner
on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each.
If you desire to speak to the P~:incipal Planner about an item not listed on the Agenda, a
white "Request to Speak" form should be filled out and filed with the Principal Planner.
When you are called to speak, please come forward and state your name and address.
Item No. 1:
Case No:
Applicant:
Location:
Proposal:
Environmental Action:
Case Planner:
Recommendation:
ACTION:
PA03-0166
Blake Scripps
South side of Via Rio Temecula, approximately 160 feet west of
Redhawk Parkway
A request to design, construct and operate a self service car wash
facility.
Categorically Exempt from CEQA under Section 15332 (In-fill)
Dan Long, Associate Planner
Approval
APPROVED
Item No. 2
Case No(s):
Applicant:
Location:
Proposal:
Environmental Action:
Case Planner:
Recommendation:
ACTION:
Planning Application PA03~0364
Lavdie G. Hamzai
43829 Calle Balmez within the Paloma del Sol Specific Plan area,
also known as APN No. 959-341-033.
To establish a Large Family Day Care Home for a maximum of 14
children within an existing single-family residence.
California Environmental Quality Act provisions do not apply to Large
Family Day Care Homes serving 14 children or less (CEQA
Guidelines Section 15274).
Matt Harris, Associate Planner
Approval
APPROVED
p:kPLANNING~DIP.~IEAR~Agendas~2003\0§-21-03 ACTION AGF~DA.doc
1
ACTION AGENDA
TEMECULA PLANNING DIRECTOR'S HEARING
REGULAR MEETING
AUGUST 28, 2003 1:30 PM
TEMECULA CITY HALL MAIN CONFERENCE ROOM
43200 Business Park Drive
'remecula, CA 92590
CALL TO ORDER: Don Hazen, Principal Planner
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public can address the Principal Planner
on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each.
If you desire to speak to the Principal Planner about an item not listed on the Agenda, a
white "Request to Speak" form should be filled out and filed with the Principal Planner.
When you are called to speak, please come forward and state your name and address.
Item No. 1:
Case No:
Applicant:
Location:
Proposal:
Environmental Action:
Case Planner:
Recommendation:
ACTION:
PA03-0400
V.F.W. Post 4089
Located on the west side of Diaz Road and south of Rancho
California Road.
A Minor Conditional Use Permit to operate the V.F.W. Post 4089 in
an existing building located at 28075 Diaz Road to include a canteen
area with a Type 52 Liquor License
Categorically Exempt from CEQA review due to Class I Categorical
Exemption 15301 {Existing Facilities)
Rick.Rush, Associate Planner
Approval
APPROVED
P:'~PLANblR, IG'XDIRHEAR~Ageadas~2003\08-28~)3 ACTION AGENDA.doc
ITEM #3
STAFF REPORT- PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
September 17, 2003
Planning Application No. PA03-0167 (Conditional Use Permit/Development Plan)
Prepared By: Rick Rush, Associate Planner
Adopt a Notice of Exemption for Planning Application No. PA03-0167 pursuant to Section
15314 of the California Environmental Quality Act;
2. Adopt a Resolution entitled:
PC RESOLUTION NO. 2003-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION NO.
PA03-0167, A CONDITIONAL USE PERMIT AND DEVELOPMENT
PLAN TO EXPAND AN EXISTING CHURCH SITE USE BY
CONSTRUCTING A 10,902 SQUARE FOOT CLASSROOM
BUILDING, A 2,301 SQUARE FOOT OFFICE ADDITION, AND A
REMODEL TO THE EXISTING 4,009 SQUARE FOOT
CLASSROOM BUILDING ON AN 8.43-ACRE SITE LOCATED AT
41875 C STREET KNOWN AS ASSESSORS PARCEL NO. 922-
080-010 & 922-080-011.
APPLICATION INFORMATION
APPLICANT:
PROPOSAL:
LOCATION:
Lord Amhitecture Inc.
11650 Iberia Place
San Diego, Ca 92128
A Conditional Use Permit And Development Plan to expand
an existing church site use by constructing a 10,902 square
foot classroom building, a 2,301 square foot office addition,
and a remodel to the existing 4,009 square foot classroom
building on an 8.43-acre site.
Located at 41875 C Street
EXISTING ZONING:
SURROUNDING ZONING:
Low Density Residential (L)
North: Medium Density Residential (M)
South: Low Density Residential (L)
East: Medium Density Residential (M)
West: Interstate 15
GENERAL PLAN DESIGNATION: Low Medium (LM)
R:\C U PL2003\03-0167 St. Catherine of Alexandria\Staff Report.doc
1
EXISTING LAND USE:
Church
SURROUNDING LAND USES:
North: Single Family Residences
South: School/Chumh
East: Single Family Residences
West: Interstate 15
BACKGROUND
The applicant submitted an application for a Conditional Use Permit and Development Plan on
March 24, 2003, for the existing Saint Catherine of Alexandria site.
A Development Review Committee meeting was held on April 24, 2003. As a result of the
Development Review Committee meeting the applicant made revisions and submitted them for
staff's review on June 17, 2003. Staff received final exhibits on July 30, 2003, and the project was
placed on the September 17, 2003 Planning Commission Agenda.
PROJECT DESCRIPTION
The applicant is requesting a conditional use permit to expand the existing school site by seven
classrooms. Currently, there are seven classrooms within the existing classroom building.
According to the Letter of Justification (see attached) submitted by the applicant, the requested
expansion will meet the needs for the parish for their office employees and Catechism classes. The
current office portion does not adequately provide enough space for their current staff.
The proposed Development Plan is for the construction of a 10,902 square foot classroom building,
a 2,301 square foot office addition and the remodel of an existing classroom building. The proposed
10,902 square foot classroom building is located on an existing pad, which is visible from Santiago
Road and "C" Street. The existing pad area is a landscaped area that will need to be eliminated to
make room for the expansion. The proposed remodel is for the existing classroom building. The
applicant is proposing to paint the existing classroom building to match the proposed buildings and
the other existing buildings on site.
The site currently consists of a 16,310 square foot sanctuary building, an 11,401 square foot social
hall building, and a 4,009 square foot classroom building. The site is accessed from two driveways
off of "C" Street. The proposed 2,301 square foot office addition building will be located directly
adjacent to the existing social hall. No parking spaces will be eliminated, as a part of the expansion..
The site currently has 391 parking spaces with the majodty of the parking located directly adjacent to
the main sanctuary.
The applicant is proposing to construct the expansion utilizing the same colors and materials as the
colors and materials on the existing buildings. The following materials will be utilized:
· Metal Batten Seamed Rooting
· Metal Gutters and Downspouts
· Kynar Storefront Glass
· Stucco (453Milk Shake)
Stucco (224 Benavento)
R:\C U I'x2003\03-0167 St. Catherine of Alexandria\Staff Report. doc
2
ANALYSIS
Staff can make the required findings necessary to approve the expansion to the church site. The
present use is compatible with the surrounding uses and there have been no complaints filed with
the City about the uses currently taking place at Saint Catherine's. The intent of the proposed
expansion will permit Saint Catherine's to adequately serve their existing membem and employees.
Staff has determined that the expansion will not increase the current traffic trips generated to and
from the site.
The proposed project is located in Planning Area 18 of the Rancho Highlands Specific Plan.
Because the Rancho Highlands Specific Plan is silent on landscape requirements and building
design, staff utilized the standards specified in the Development Code (Section 17.06.050 N) and
the City Wide Design Guidelines. The proposed site planning and circulation is consistent with the
commercial development performance standards in the Development Code. The proposed site plan
has eliminated any conflicts between pedestrian and vehicular traffic by locating the pedestrian
access parallel with the vehicular access. The loading and unloading areas have been located at
the west side of the proposed classroom building and will not be visible from the public right of way.
The proposed building design is consistent with the architectural design of the Development Code,
the architectural elements in the City-Wide Design Guidelines and the existing architecture for the
site. Providing the three foot recessed windows along the front elevation has broken up the mass
and bulk of the proposed building and is consistent with the existing windows on the sanctuary
building. The terraced slope located along the front elevation of the proposed classroom building
serves to break up the height of the building visible from the public right of way.
The colors and materials serve to complement the design theme for the existing buildings on the
site. The proposed roofing materials and roof pitches are similar to the existing buildings and serve
to break up the massing of the buildings from the existing single-family residences.
The proposed landscaping exceeds the minimum requirements of the Development Code and
complements the architectural design theme. Staff has determined that the deletion of the
landscaping area where the proposed classroom building is to be located does not detract from the
overall quality of the site. The applicant is proposing to add landscaping on all four sides of the office
addition excluding the walkways, along the front slope area of the proposed classroom building, and
on both sides of the existing classroom building adjacent to the parking lot. The additional
landscaping will compliment an existing site that is well landscaped and maintained.
ENVIRONMENTAL DETERMINATION
The project is exempt from environmental review based on Section 15314 (Minor Additions to
Schools) of the California Environmental Quality Act and there are no potentially significant
environmental constraints on the site. The entire site has been previously graded and developed.
The project qualifies for a Class 14 exemption because the proposed expansion will not increase the
current student capacity by 25% and will not be adding more than 10 new classrooms.
CONCLUSION/RECOMMENDATION
Staff has determined that the proposed project is consistent with the City's Design Guidelines and
conforms to all of the applicable development regulations contained within the Rancho Highlands
Specific Plan. Staff recommends approval of the Conditional Use Permit and Development Plan with
the attached findings and conditions of approval.
R:\C U PL2003\03~) 167 St. Catherine of Alexandfia~Staff Report.doc
3
FINDINGS
Conditional Use Permit (Section 17.04.010E)
The proposed conditional use is consistent with the general plan and the development code
(Rancho Highlands Specific Plan).
The proposed expansion to the existing Saint Catherine of Alexandria Sanctuary is
consistent with the Land Use Element of the general plan. The proposed educational and
meeting room and expansion of the school site meets the purpose and intent of a conditional
use permit as defined in Section 17.04.010A of the development code. The church and
school use is the identified use for the site within the Rancho Highlands Specific Plan.
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 advemely
affect the adjacent uses, buildings or structures.
The proposed conditional use is compatible with adjacent land uses as defined in the
general plan. Staff has reviewed the proposed expansion against the adjacent land uses
and has determined that the proposed uses will be a complimentary addition to the area.
The church has been operational for over ten years with no adverse affects on the adjacent
properties.
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 the development code and required by the planning
commission or council in order to integrate the use with other uses in the neighborhood.
Staff has reviewed the proposed project against the Rancho Highlands Specific Plan
requirements for a Chumh/School facility and has found that the project meets or exceeds all
of the requirements.
The nature of the proposed conditional use is not detrimental to the health, safety and
general welfare of the community.
Staff has reviewed the proposed expansion to the Church/School facility and found that it in
no way will be detrimental to the health, safety, or general welfare of the community. Ingress
and egress to the site has not been relocated from its original location off of "C" Street. Fire
Prevention has reviewed circulation and drive aisle widths and has determined that the site
will able to be adequately sen/ed by the Fire Department in an emergency situation.
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.
This application has been brought before the Planning Commission at a Public Hearing
where members of the public have had an opportunity to be heard on this matter before the
Planning Commission renders their decision.
R:\C U P',2003\03-0167 St. Catherine of AlcxandfiaXStaff Report.doc
4
Development Plan (Section 17.05.01 OF)
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 proposal is consistent with the land use designation and policies reflected for Low
Medium Density Residential (LM) development in the City of Temecula General Plan, as
well as the development standards for Planning Area 19 located in the Rancho Highlands
Specific Plan. The site is therefore properly planned and zoned and found to be physically
suitable for the type and density of the proposed Expansion to the existing Saint Catherine
of Alexandria Sanctuary.
The overall development of the land is designed for the protection of the public health,
safety, and general welfare.
The architecture proposed for the building is consistent with the Architectural requirements
as stated in the Design Guidelines and the Commercial Performance Standards of the
Development Code. 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 ~ manner consistent with
the public health, safety and welfare.
Attachments:
1. PC Resolution No.- 2003-
- Blue Page 6
Exhibit A - Conditions of Approval (CUP) - Blue Page 10
Exhibit B - Conditions of Approval (Development Plan) - Blue Page 13
Exhibits - Blue Page 24
A. Vicinity Map
B. General Plan Map
C. Zoning Map
D. Site Plan
E. Grading Plan
F. Building Elevations
G. Floor Plan
H. Landscape Plan
Letter of Justification - Blue Page 32
R:\C U PX2003\034}167 St. Catherine of Alexandria~Staff Report.doc
5
A'R'ACHMENT NO. 1
PC RESOLUTION NO. 2003-
PC RESOLUTION NO. 2003-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION NO.
PA03-0167, A CONDITIONAL USE PERMIT AND DEVELOPMENT
PLAN TO EXPAND AN EXISTING CHURCH SITE USE BY
CONSTRUCTING A 10,902 SQUARE FOOT CLASSROOM
BUILDING, A 2,301 SQUARE FOOT OFFICE ADDITION, AND A
REMODEL TO THE EXISTING 4,009 SQUARE FOOT
CLASSROOM BUILDING ON AN 8.43-ACRE SITE LOCATED AT
41875 C STREET KNOWN AS ASSESSORS PARCEL NO. 922-
080-010 & 922-080-011.
WHEREAS, Bennett Lord, filed Planning Application No. PA03-0167 (Conditional Use Permit
and Development Plan), in a manner in accord with the City of Temecula General Plan and
Development Code;
WHEREAS, the Application was processed including, but not limited to a public notice, in the
time and manner prescribed by State and local law;
WHEREAS, the Planning Commission, at a regular meeting, considered the Application on
September 17, 2003, 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;
WHEREAS, at the conclusion of the Commission hearing and after due consideration of the
testimony, the Commission recommended approval of the Application subject to and based upon
the findings set forth hereunder;
WHEREAS, all legal preconditions to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES
HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1.
by reference.
That the above recitations are true and correct and are hereby incorporated
Section 2. Findin.qs. The Planning Commission, in approving the Application hereby
makes the following findings as required by Sections 17.04.010E of the Temecula Municipal Code:
A. The proposed conditional use is consistent with the general plan and the
development code (Rancho Highlands Specific Plan).
The proposed expansion to the existing Saint Catherine of Alexandria Sanctuary is
cbnsistent with the Land Use Element of the general plan. The proposed educational and
meeting room and expansion of the school site meets the purpose and intent of a conditional
use permit as defined in Section 17.04.010A of the development code. The church and
school use is the identified use for the site within the Rancho Highlands Specific Plan.
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 adjacent land uses as defined in the
general plan. Staff has reviewed the proposed expansion against the adjacent land uses
and has determined that the proposed uses will be a complimentary addition to the area.
The church has been operational for over ten years with no adverse affects on the adjacent
properties.
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 the development code and required by the planning
commission or council in order to integrate the use with other uses in the neighborhood.
Staff has reviewed the proposed project against the Rancho Highlands Specific Plan
requirements for a Church/School facility and has found that the project meets or exceeds all
of the requirements.
D. The nature of the proposed conditional use is not detrimental to the health, safety
and general welfare of the community.
Staff has reviewed the proposed expansion to the Church/School facility and found that it in
no way will be detrimental to the health, safety, or genera/welfare of the community. Ingress
and egress to the site has not been relocated from its original location off of "C' Street. Fire
Prevention has reviewed circulation and drive aisle widths and has determined that the site
will able to be adequately served by the Fire Department in an emergency situation.
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.
This application has been brought before the Planning Commission at a Public Hearing
where members of the public have had an opportunity to be heard on this matter before the
Planning Commission renders their decision.
Section 3. Findin.qs. The Planning Commission, in approving the Application hereby
makes the following findings as required by Section 17.05.010F of the Temecula Municipal Code:
F. 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 proposal is consistent with the land use designation and policies reflected for Low
Medium Density Residential (LM) development in the City of Temecula General Plan, as
well as the development standards for Planning Area 19 located in the Rancho Highlands
specific Plan. The site is therefore properly planned and zoned and found to be physically
suitable for the type and density of the proposed Expansion to the existing Saint Catherine
of Alexandria Sanctuary.
G. The overall development of the land is designed for the protection of the public
health, safety, and general welfare.
The architecture proposed for the se/f-storage building is consistent with the Architectural
requirements as stated in the Design Guidelines and the Commercial Performance
Standards of the Development Code. The project has been reviewed for, and as
conditioned, has been found to be consistent with, all applicable policies, guidelines,
R:\C U PL2003\03-0167 SL Catherine of Alexandria,Staff Report. doc
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.
Section 4. Environmental Compliance. The project will have no significant
environmental impacts and has been found to be categorically exempt, Pursuant to Section 15314
class 14 of the California Environmental Quality Act Guidelines.
Section 5. Conditions. That the City of Temecula Planning Commission hereby
conditionally approves the Application, a Conditional Use Permit and Development Plan to expand
an existing church site use by constructing a 10,902 square foot classroom building, a 2,301 square
foot office addition, and a remodel to the existing 4,009 square foot classroom building on an 8.43-
acre site located at 41875 C Street set forth on Exhibits A and B, attached hereto, and incorporated
herein by this reference together with any and all necessary conditions that may be deemed
necessary.
Section 6. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Commission this 17th day of September 2003.
ATTEST:
Dennis Chiniaeff, Chairperson
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA ')
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that
PC Resolution No. 2003- was duly and regularly adopted b~y the Planning Commission of the
City of Temecula at a regular meeting thereof held on the 17"' day of September, 2003, by the
following vote of the Commission:
AYES:
0 PLANNING COMMISSIONERS: None
NOES:
0 PLANNING COMMISSIONERS: None
ABSENT: 0 PLANNING COMMISSIONERS: None
ABSTAIN: 0 PLANNING COMMISSIONERS: None
Debbie Ubnoske, Secretary
R:\C U PX2003\03-0167 SL Catherine of Alexandria~Staff RcporLdoc
9
EXHIBIT A
CONDITIONS OF APPROVAL
R:\C U P~2003\03~0167 St Catherine of Alex,~dria~ taff Report.doc
l0
EXHIBIT A
CITY OFTEMECULA
CONDITIONS OFAPPROVAL
Planning Application No.:
PA03-0167 (Conditional Use Permit)
Project Description:
A Conditional Use Permit And Development Plan
to expand an existing church site use by
constructing a 10,902 square foot classroom
building, a 2,301 square foot office addition, and a
remodel to the existing 4,009 square foot
classroom building on an 8.43-acre site.
DIF Category: Exempt
Assessor's Parcel No.;
922-080-010 and 922-080-011
Approval Date:
September 17, 2003
Expiration Date:
September 17, 2005
PLANNING DIVISION
GENERAL REQUIREMENTS
The applicant and owner of the real property subject to this condition shall hereby agree to
indemnity, 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.
The applicant shall comply with all conditions of approval for Planning Application No. PA03-
0167, unless superseded by these conditions of approval. All these conditions shall be
complied with prior to any occupancy or use allowed by this conditional use permit.
The applicant shall comply with their Statement of Operations dated March 3, 2003, on file
with the Planning Department, unless superceded by these conditions of approval.
This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's
Development Code.
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The permittee shall obtain City approval for any modifications or revisions to the approval of
this Conditional Use Permit,
By placing my signature below, I confirm that I have read, understand and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in conformance
with these conditions of approval and that any changes I may wish to make to the project shall be
subject to Community Development Department approval.
Applicant's Signature
Date
Name printed
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EXHIBIT B
CONDITIONS OF APPROVAL
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EXHIBIT B
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No.:
PA03-0167 (Development Plan)
Project Description:
A Conditional Use Permit And Development Plan
to expand an existing church site use by
constructing a 10,902 square foot classroom
building, a 2,301 square foot office addition, and a
remodel to the existing 4,009 square foot
classroom building on an 8.43-acre site.
DIF Category: Exempt
Assessor's Parcel No.:
922-080-010 and 922-080-011
Approval Date:
September 17, 2003
Expiration Date:
September 17, 2005
PLANNING DIVISION
Within Forty-Eight (48) Hours of the Approval of this Project
The applicant 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 required under
Public Resources Code Section 21108(b) and California Code of Regulations Section
15075. If within said forty-eight (48) hour period the applicant has not delivered to the
Community Development Department - Planning Division 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)].
General Requirements
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.
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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 its 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.
The permittee shall obtain City approval for any modifications or revisions to the approval of
this Development Plan.
o
This approval shall be used within two (2) 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 (2) year period, which is thereafter diligently '
pumued to completion, or the beginning of substantial utilization contemplated by this
approval.
The development of the premises shall substantially conform to the approved Exhibits D
(Site Plan), E (Grading Plan), F (Building Elevation), G (Floor Plan), and H (Landscape
Plan), contained on file with the Planning Department.
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 conformance with the approved landscape plan. The continued
maintenance of all landscaped areas shall be the responsibility of the developer or any
successors in interest.
All mechanical and roof equiPment shall be fully screened from public view by being placed
below the lowest level of the surrounding parapet wall.
9. All Downspouts shall be internalized.
10.
The colors and materials for the project shall substantially conform to those noted directly
below and with Exhibit '1" (Color and Material Board), contained on file with the Planning
Department.
a. Stucco Wall Surfaces
b. Windows
c. Batten Seam Roof
d. Accent Stucco
Expo Stucco 453 "Milk Shake"
Kynar Coated Aluminum
AEP Span Weathering Copper
Expo Stucco 224"Benavato'
11.
The construction landscape drawings shall indicate coordination and grouping of all utilities,
which are to be screened from view per applicable City Codes and guidelines.
Prior to Issuance of Grading Permits
12.
The applicant shall sign both copies of the final conditions of approval that will be provided
by the Community Development Department - Planning Division staff, and retum one signed
set to the Community Development Department - Planning Division for their files.
13.
The applicant shall submit to the Community Development Department - Planning Division
for permanent filing two (2) 8" X 10" glossy photographic color prints of the approved Color
and Materials Board and of the colored version of approved Exhibit "E", the colored
architectural elevations to the Community Development Department - Planning Division for
their files. All labels on the Color and Materials Board and Elevations shall be readable on
the photographic prints.
14.
The applicant shall submit a parking lot lighting plan to the Planning Department, which
meets the requirements of the Development Code and the Palomar Lighting Ordinance,
The parking lot light standards shall be placed in such a way as to not adversely impact the
growth potential of the parking lot trees.
15. A copy of the Grading Plan shall be submitted and approved by the Planning Department.
16,
The applicant shall indicate on the grading plan a trash enclosure location that is acceptable
to the Planning Director.
17,
The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal
Code (Habitat Conservation) by paying the appropriate fee set forth in that Ordinance or by
providing documented evidence that the fees have already been paid,
Prior to Issuance of Building Permit
18. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule.
19.
An appropriate method for screening the gas meters and other externally mounted utility
equipment shall be reviewed and approved by the Planning Department.
20. A separate building permit shall be required for all signage.
21.
The construction plans shall indicate the application of painted rooftop addressing plotted on
a 9-inch grid pattern with 45-inch tall numerals spaced 9-inch apart. The numerals shall be
painted with a standard 9-inch paint roller using fluorescent yellow paint applied over a
contrasting background. The address shall be oriented to the street and placed as closely
as possible to the edge of the building closest to the street.
22.
Three (3) copies of Construction Landscaping and Irrigation Plans shall be reviewed and
approved by the Planning Department. These plans shall conform substantially with the
approved Exhibit "F", or as amended by these conditions. The location, number, genus,
species, and container size of the plants shall be shown. The plans shall be consistent with
the Water Efficient Ordinance. The plans shall be accompanied by the following items:
a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal).
b. One (1) copy of the approved grading plan.
c. Water usage calculations per Chapter 17.32 of the Development Code (Water
Efficient Ordinance).
d. Total cost estimate of plantings and irrigation (in accordance with approved plan).
23.
A landscape maintenance program shall be submitted for approval, which details the proper
maintenance of all proposed plant materials to assure proper growth and landscape
development for the long-term esthetics of the property. The approved maintenance
program shall be provided to the landscape maintenance contractor who shall be
responsible to carry out the detailed program.
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Prior to Building Occupancy
24.
The property owner shall fully install all required landscaping and irrigation, and submit a
landscape maintenance bond in a form and amount approved by the Planning Department
for a period of one-year from the date of the first occupancy permit.
25.
All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
DEPARTMENT OF PUBLIC WORKS
26,
Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any
Government Agency. It is understood that the Developer correctly shows on the site plan all
existing and proposed property lines, easements, traveled ways, improvement constraints
and drainage courses, and their omission may require the project to be resubmitted for
further review and revision.
General Requirements
27,
A Grading Permit for precise grading, including all on-site flat work and improvements, shall
be obtained from the Department of Public Works prior to commencement of any
construction outside of the City-maintained street right-of-way.
28.
All grading plans shall be coordinated for consistency with adjacent projects and existing
improvements contiguous, to the site and shall be submitted on standard 24" x 36" City of
Temecula mylars,
Prior to Issuance of a Grading Permit
29.
A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and
approved by the Department of Public Works. The grading plan shall include all necessary
erosion control measures needed to adequately protect adjacent public and private property.
30.
The Developer shall post secudty and enter into an agreement guaranteeing the grading and
erosion control improvements in conformance with applicable City Standards and subject to
approval by the Department of Public Works.
31.
A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the
Director of the Department of Public Works with the initial grading plan check. The report
shall address all soils conditions of the site, and provide recommendations for the
construction of engineered structures and pavement sections.
32.
The Developer must comply with the requirements of the National Pollutant Discharge
Elimination System (NPDES) permit from the State Water Resources Control Board. No
grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the
project is shown to be exempt.
33.
As deemed necessary by the Director of the Department of Public Works, the Developer
shall receive written clearance from the following agencies:
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San Diego Regional Water Quality Control Board
Planning Department
Department of Public Works
34.
The Developer shall comply with all constraints, which may be shown upon an
Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the
subject property.
Prior to Issuance of a Building Permit
· 35, Precise grading plans shall conform to applicable City of Temecula Standards subject to
approval by the Director of the Department of Public Works. The following design criteria
shall be observed:
a. Flowline grades shall be 0,5% minimum over P.C.C. and 1.00% minimum over A.C.
paving.
b. Landscaping shall be limited in the corner cut-off area of all intemections and
adjacent to driveways to provide for minimum sight distance and visibility.
36.
The building pad shall be certified to have been substantially constructed in accordance with
the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer
shall issue a Final Soil Report addressing compaction and site conditions,
37.
The Developer shall pay to the City the Public Facilities Development Impact Fee as
required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all
Resolutions implementing Chapter 15.06.
38.
The Developer shall pay to the City the Western RiverSide County Transportation Uniform
Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of
the Temecula Municipal Code and all Resolutions implementing Chapter 15.08.
39. Prior to Issuance of a Certificate of Occupancy
40,
As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. Rancho California Water District
b. Eastern Municipal Water District
c. Department of Public Works
41.
The existing improvements shall be reviewed. Any appurtenance damaged or broken shall
be repaired or removed and replaced to the satisfaction of the Director of the Department of
Public Works.
FIRE DEPARTMENT
42.
The following are the Fire Department Conditions of Approval for this project. All questions
regarding the meaning of these conditions shall be referred to the Fire Prevention Bureau.
43.
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
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45.
46.
47.
48.
49.
50.
51.
California Building Code (CBC), California Fire Code (CFC), and related codes, which are in
foroe at the time of building, plan submittal.
The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or
construction of all commeroial buildings per CFC Appendix III.A, Table A-III-A-1. The
developer shall provide for this project, a water system capable of delivering 1500 GPM at
20 PSI residual operating pressure, plus an assumed sprinkler demand of 400 GPM for a
total fire flow of 1900 GPM with a 2 hour duration. The required fire flow may be adjusted
during the approval process to reflect changes in design, construction type, or automatic tire
protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given
above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A)
The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix Ill-B, Table A-III-B-1. A minimum of 2 hydrants, in a combination of on-site and off-
site (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and
adjacent public streets. Hydrants shall be spaced at 450 feet apart, at each intersection and
shall be located no more than 225 feet from any point on the street or Fire Department
access road(s) frontage to a hydrant. The required fire flow shall be available from any
adjacent hydrant(s) in the system. The upgrade of existing fire hydrants WILL be required.
An additional hydrant is required to the rear of the classroom building. (CFC 903.2,
903.4.2, and Appendix Ill-B)
As required by the California Fire Code, when any portion of the facility is in excess of 150
feet from a water supply on a public street, as measured by an approved route around the
exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire
flow shall be provided. For this project on site fire hydrants are required. (CFC 903.2)
If construction is phased, each phase shall provide approved access and fire protection pdor
to any building construction. (CFC 8704.2 and 902.2.2)
Prior to building construction, all locations where structures are to be built shall have
approved temporary Fire Department vehicle access roads for use until permanent roads
are installed. Temporary Fire Department access roads shall be an all weather sur[ace for
80,000 lbs. GVVV. (CFC 8704.2 and 902.2.2.2)
Prior to building final, all locations where structures are to be built shall have approved Fire
Department vehicle access roads to within 150 feet to any portion of the facility or any
portion of an exterior wall of the building(s). Fire Department access roads shall be an all
weather sudace designed for 80,000 lbs. GVVV with a minimum AC thickness of .25 feet.
(CFC sec 902)
Fire Department vehicle access roads shall have an unobstructed width of not less than
twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13)
feet six (6) inches. (CFC 902.2.2.1)
Prior to issuance of building permits, the developer shall furnish one copy of the water
system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be
signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature
block; and conform to hydrant type, location, and spacing and minimum fire flow standards.
After the plans are signed by the local water company, the originals shall be presented to the
Fire Prevention Bureau for signatures. The required water system including fire hydrants
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shall be installed and accepted by the appropriate water agency prior to any combustible
building materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National
Fire Protection Association 24 1-4.1)
52.
Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers"
shall be installed to identify fire hydrant locations. (CFC 901.4.3)
53.
Prior to issuance of a Certificate of Occupancy or building final, 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, multi-family residential and industrial
buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum
of six (6) inches in size. All suites shall have a minimum of six (6) inch high lettem and/or
numbers on both the front and rear doors. Single family residences and multi-family
residential units shall have four (4) inch letters and/or numbers, as approved by the Fire
Prevention Bureau. (CFC 901.4.4)
54.
Prior to issuance of Certificate of Occupancy or building final, based on square footage and
type of construction, occupancy or use, the developer shall install a fire sprinkler system.
Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to
installation. (CFC Article 10, CBC Chapter 9)
55.
Prior to issuance of Certificate of Occupancy or building final, based on a requirement for
monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm
system monitored by an approved Underwritem Laboratory listed central station. Plans shall
be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10)
56.
Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be
provided. The Knox-Box shall be installed a minimum of six (8) feet in height and be located
to the right side of the main entrance door. (CFC 902.4)
57.
All manual and electronic gates on required Fire Department access roads or gates
obstructing Fire Department building access shall be provided with the Knox Rapid entry
system for emergency access by fire fighting personnel. (CFC 902.4)
58.
Prior to final inspection of any building, the applicant shall prepare and submit to the Fire
Department for approval, a site plan designating Fire Lanes with appropriate lane painting
and or signs.
Special Conditions
59.
Prior to issuance of a Certificate of Occupancy or building final a simple plot plan and a
simple floor plan, each as an electronic file of the .DWG format must be submitted to the
Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention
for approval.
60.
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 105)
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61.
The applicant shall submit for review and approval by the Riverside County Department of
Environmental Health and City Fire Department an update to the Hazardous Material
Inventory Statement and Fire Department Technical Report on file at the city; should any
quantities used or stored onsite increase or should changes to operation introduce any
additional hazardous material not listed in existing reports. (CFC Appendix II-E)
62.
During additional construction all ACCESS and FIRE SAFETY SYSTEMS will be
maintained in proper working condition acceptable to the Chief.
BUILDING AND SAFETY
63.
All design components shall comply with applicable provisions of the 2001 edition of the
California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code;
California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access
Regulations, and the Temecula Municipal Code.
64.
The City of Temecula has adopted an ordinance to collect fees for a Riverside County area
wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this ordinance on
Mamh 31,2003, this project will be subject to payment of these fees at the time of building
permit issuance. The fees shall be subject to the previsions of Ordinance 03-01 and the fee
schedule in effect at the time of building permit issuance.
65.
Submit at time of plan review, a complete exterior site lighting plans showing compliance
with Ordinance No. 655 for the regulation of light pollution. All street lights 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 directed so as not to shine directly upon
adjoining property or public rights-of-way.
66.
A receipt or clearance letter from the Temecula Valley School District shall be submitted to
the Building & Safety Department to ensure the payment or exemption from School
Mitigation Fees.
67.
Obtain all building plans and permit approvals prior to commencement of any construction
work.
68.
All building and facilities must comply with applicable disabled access regulations. Provide
all details on plans. (California Disabled Access Regulations effective April 1, 1998)
69. Show path of accessibility from parking to furthest point of improvement.
70.
Provide house electrical meter provisions for power for the operation of exterior lighting, fire
alarm systems.
71.
Provide appropriate stamp of a registered professional with original signature on plans prior
to permit issuance.
72.
Truss calculations that are stamped by the engineer of record and the truss manufacturer
engineer are required for plan review submittal.
73.
Provide precise grading plan at plan check submittal to check accessibility for persons with
disabilities.
RS.C U P',2003\034)167 St. Catherine of Alcxandriakqtaff Report.doc
74. A pre-construction meeting is required with the building inspector prior to the start of the
building construction.
75.
Trash enclosures, patio covers, light standards, and any block walls if not on the approved
building plans, will require separate approvals and permits.
76. Show all building setbacks.
77.
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. 0-90-04,
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.
No work is permitted on Sunday or Government Holidays
COMMUNITY SERVICES
GENERAL CONDITIONS
78.
The trash enclosures shall be large enough to accommodate a recycling bin, as well as,
regular solid waste containers.
79.
The City of Temecula's Multi-Use Trail and Bikeways Master Plan has identified a Class I six
(6) foot wide multi-use trail along Santiago Road from C Street to the Santiago Road Bridge.
The M-1 trail design shall include a DG surface with a two rail split rail fence separating the
trail from the three (3) foot wide planter area and sidewalk.
80.
All parkways and trails including areas within the right of way, landscaping, fencing and on-
site lighting shall be maintained by the property owner or maintenance association.
81.
The developer shall contact the City's franchised solid waste hauler for disposal of
construction debris. Only the City's franchisee may haul construction debris.
PRIOR TO BUILDING PERMITS
82.
The developer shall provide TCSD verification of arrangements made with the City's
franchise solid waste hauler for disposal of construction debris.
PRIOR TO CERTIFICATE OF OCCUPANCY
83. The trail will be completed to the satisfaction of the Community Services Director.
OUTSIDE AGENCIES
84.
The applicant shall comply with the attached letter dated July 30, 2003, from the Riverside
County Flood Control and Water Conservation District.
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85.
The applicant shall comply with the attached letter dated March 31, 2003, from Rancho
Water.
By placing my signature below, I confirm that I have read, understand and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in conformance
with these conditions of approval and that any changes I may wish to make to the. project shall be
subject to Community Development Department approval.
Applicant's Signature
Date
Name printed
WARREN D, ~W~LIAMs ::.
General M~ager-Ctiief Engineer
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
City of Temecula
Planning Department
Post Office Box 9033
Temecula, California 92589-9033
Attention: Rick Rush
Ladies and Gentlemen:
July 30, 2003
Re: PA03-0167
RIVERSIDE, CA 92501
909.955.1200
909.788.9965 FAX
83521.1
The District does not usually review land divisions/land use cases or provide State Division of Real
Estate letters/flood hazard reports for projects that are located within incorporated Cities.
Exceptions' are made for cases with items of specific interest to the Distdct including District Master
Drainage Plan facilities, other regional flood control and drainage facilities which could be
considered a logical component or extension of a master plan system, and Distdct Area Drainage
Plan fees (development mitigation fees): The Distdct has not reviewed the proposed project in detail
and the following comments do not in any way constitute or imply Distdct approval or endorsement
of the proposed project with respect to flood hazard, public' health and safety or any other such
issues.
PA03-0167 is a proposal to design, construct and operate a 2,301 square foot office addition and a
10,902 square foot classroom building on an 8.43 acre site located at 41875 "C" Street within the
city of Temecula..
The entire site is located within the unshaded Zone X boundary for Murrieta Creek as delineated on
Panel No. 0607420010B of the Flood Insurance Rate Maps issued in conjunction with the National
Flood Insurance Program, administered by the Federal Emergency Management Agency (FEMA).
The project is located within the limits of the District's Murrieta Creek/Temecula Valley Area
Drainage Plan for which drainage.fees have been .adopted; applicable fees should be paid for by
cashier's check or money order written to theFIood Control Distdct pdor to the issuance of building
or grading permits.
Please note that this project may need to obtain an applicable National Pollutant Discharge
Elimination System (NPDES) permit coverage from the State Water Resources Control Board or the
California Regional Water Quality Control Board (RWQCB) - San Diego Region. Clearance for
grading, recordation, or other final approval should not be given until the City has determined that
the project has been granted a permit or is shown to be exempt.
Should you have any questions regarding this matter, please feel free to contact Teresa'Tung at
909.955.4050.
Very truly yours,
STEPHEN C. THOMAS
· Senior Civil Engineer
T[:slj :
March 31, 2003
Rick Rush, Case Planner
City of Temecula
Planning Department
43200 Business Park Drive
Post Office Box 9033
Temecula, CA 92589-9033
WATER AVAILABILITY
PARCEL NO. 1 OF PARCEL MAP NO. 19534
APN 922-080-010 AND APN 922-080-011
PLANNING APPLICATION NO. PA03-0167
ST. CATHERINE OF ALEXANDRIA
Dear Mr. Rush:
Please be advised that the above-referenced property is located within the
boundaries of Rancho California Water District (RCWD). Water service,
therefore, would be available upon completion of financial arrangements
between RCWD and the property owner.
If fire protection is .required, the customer will need to contact RCWD for fees
and requirements.
Water availability would be contingent upon the property owner signing an
Agency Agreement that assigns water management fights, if any, to RCWD.
If you should have any questions, please contact an Engineering Services
RepreSentative at tlfis office.
Sincerely,
RANCHO CALIFORNIA WATER DISTRICT
Steve Brannon, P.E.
Development Engineering Manager
03',S B:at082~F012-T6~FCF
AI'FACHMENT NO. 2
EXHIBITS
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CITY OF TEMECULA
CASE NO. - PA03-0167
EXHIBIT - A
PLANNING COMMISSION DATE - September 17, 2003
VICINITY MAP
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CITY OF TEMECULA "
EXHIBIT B - GENERAL PLAN MAP
DESIGNATION_ - (EM) LOW MEDIUM'
· EXHIBIT C - ZONING
DESIGNATION - (SP-2) RANCHO HIGHLANDS SPECIFIC PLAN
CASE NO.- PA03-0167
PLANNING COMMISSION DATE - September 17, 2003
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ClTY OFTEMECULA
CASE NO. - PA03-0167
EXHIBIT - D
PLANNING COMMISSION DATE - September 17, 2003
SITE PLAN
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27
CITY OF TEMECULA
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CASE NO. - PA03-0167
EXHIBIT- E
PLANNING COMMISSION DATE - September 17, 2003
GRADING
· R:\C U P~2003~03-0167 St. Catherine of Alexandria~Staff Report.doc
CITY OFTEMECULA
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CASE NO.- PA03-0167
EXHIBIT - F
PLANNING COMMISSION DATE - September 17, 2003
BUILDING ELEVATIONS
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CITY OF TEMECULA
* II U U 112.~'I~' i
· i / ;
CASE NO. - PA03-0167
EXHIBIT - G
PLANNING COMMISSION DATE - September 17, 2003
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30
CITY OF TEMECULA
LANE)SC~PE ~ONCEPT PL
CASE NO.- PA03-0167
EXHIBIT- H
PLANNING COMMISSION DATE - September 17, 2003
LANDSCAPE PLAN
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ATrACHMENT NO. 3
LE'rl'ER OF JUSTIFICATION
R:\C U P'~2003~03-0167 St. Catherine of Alexandria\Staff Report.doc
Lord Architecture Inc.
March 3, 2003
11650 Iberia Place, Suite 210
San Diego, California 92128-2455
858.485.6980
858.485.1510fax
Planning Department
City of Temecula
43200 Business Park Drive
Temecula, CA 92589-9033
Re:
St. Catherine of Alexandria Catholic Church
Justification Letter
41875 C Street, Temecula, Ca 92592
Previous Planning Permits:
P.D.P. #567, & Riverside Development Plan #PA97-0131
Architect's Project #9611 B
Dear Project Planner:
The attached Conditional Use Permit Application for the above addressed project expands
on a master plan created approximately 15 years ago. The original master plan was
completed a few years ago when the church was constructed. However, the parish has
been ~valuating its present circumstances and program challenges and the parish has
determined that they have inadequate facilities for their needs. The application includes a
proposal that breaks down into three parts. The first part is a one-story expansion of the
existing parish offices to allow the parish staff to operate in less crowded facilities and
handle the expanded ministries. The second portion of the proposal is to perform a minor
remodel to the oldest and smallest building on the campus and upgrade its exterior to
match with the other buildings. The third and largest portion of our proposal is the
construction of a new two-story classroom structure. The added classrooms are 'intended
to fulfill a need for a consolidated facility for religious education. Presently, the parish
conducts its religious education classes in whatever spaces are available, in a chaotic and
inefficient manner.
It is important to note the following about the attached proposal. In large part, the goal of
this project is to handle an existing classroom and staffing need ra~ther than respond to a
growing parish population. It is also significant, that the parking needs for the parish will
not change. The church remains the biggest assembly space on the campus and generates
all of the parking needs. The other assembly facilities on campus are not used
simultaneously with services in the church. On Sundays, the classrooms will be used for
religious education but the students are all below driving age and attend classes while their
parents are in the church. ,Thus there is no increase in the need for parking spaces. In
summary, the proposed project is entirely compatible with the existing uses on the campus
and will have a negligible affect upon the existing traffic or developments in the area. The
parish will, in the long run be more appropriately organized and efficient than it is at the
present.
Justification Letter
03-03~3
page 2
Previously, we have met with Tony Chu and Annie Bostre-le in the Public Works
Department. It was determined that we needed to provide a preliminary geotechnical
report, which is provided with this submittal. It was also determined that no letter of
permission for off-site grading or drainage, a drainage analysis, and traffic analysis were
not going to be needed with this submittal.
If there are any questions please call our office and we will address your concerns
promptly.
Cc: Rev. John Wagner
ITEM #4
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
September 17, 2003
APPLICANT:
REPRESENTATIVE:
PROPOSAL:
LOCATION:
EXISTING ZONING:
SURROUNDING ZONING:
Planning Application No. PA03-0162 (Minor Conditional Use Permit)
Prepared by: Dan Long, Associate Planner
1. Adopt a Notice of Exemption for Planning Application No. PA03-0162 pumuant to Section
15301 of the California Environmental Quality Act Guidelines.
2. Adopt a Resolution entitled:
PC RESOLUTION NO. 2003-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION NO.
~' ;PA03-0162 A MINOR CONDITIONAL USE PERMIT TO ESTABLISH
A 1,980 SQUARE FOOT COMPUTER NETWORK AND INTERNET
GAMING FACILITY AT 27911 JEFFERSON AVENUE, SUITE 103
KNOWN AS ASSESSORS PARCEL NO. 921-050-012
APPLICATION INFORMATION
Monkey Feet Gaming, An Mai
An Mai and Jacques Cattell
To operate a computer network and an Internet gaming facility
27911 Jefferson Avenue, Suite 103
Community Commemial (CC)
North: Community Commercial (CC)
South: Community Commercial (CC)
East: Community Commercial (CC)/Highway 15
West: Light Industrial (LI)
Community Commercial (CC)
Shopping Center
GENERAL PLAN:
EXISTING LAND USE:
SURROUNDING LAND
USES:
North: Industrial Building
South: Commercial Office Building
East: Commercial Retail Building
West: Industrial Building
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BACKGROUND
The City Attorney has determined that the proposed use is similar to an arcade use and shall be
subject to any/all requirements for amades. Section 17.10 of the Development Code allows amades
subject to Planning Commission approval of a Minor Conditional Use Permit
The proposed computer network and gaming facility is currently operating. Code Enforcement
Division has cited the facility for operating without a Minor Conditional Use Permit.
An application for a Minor Conditional Use Permit was submitted to the Planning Department on
Mamh 20, 2003. Staff requested additional information on Apdl 3, 2003. The applicant submitted the
requested information on May 2, 2003. Staff has since conducted reseamh on the commemial
center to determine the extent of potential nuisances within the shopping center.
PROJECT DESCRIPTION
The applicant is requesting a Minor Conditional Use Permit to operate a computer network and
Intemet gaming facility. The facility is proposed on the west side of Jefferson Avenue, approximately
260 feet south of Via Montezuma. The proposed computer network and Internet gaming facility
includes approximately 50 computer stations for internet and personal use, custom computer
building and repair, web page design and graphic design. In addition, the project facility will provide
periodic computer training classes on and off-site.
The applicant has proposed the hours of operation to be Monday through Friday 2:00 P.M. to
midnight and Saturday and Sunda~, 10:00 A.M. to midnight. The applicant has requested the
flexibility for extended summer and holiday hours, however no exact times have been proposed. If
the applicant requests extended hours of operation for summer and/or holidays, a Temporary Use
Permit will be required. The internal facility will be continuously recorded via camera surveillance
and an on-site security guard will be provided.
ANALYSIS
Use
The Planning Commission has the discretion to apply operational conditions deemed necessary to
make the findings of approval, including, but not limited to the following:
Need for adult supervision,
· Hours of operation,
· Inside and outside security measures,
· Noise attenuation,
· Bicycle facilities, and
· Interior waiting area.
The primary concerns of staff include the potential violations of curfew for minors, viewing of adult
material, hours of operation, access to and from the building, and loitering. The project is required to
implement the City curlew Ordinance for minors; which prohibits minors or any person under the age
of 18 years old to loiter, idle, wander, stroll, play or be present in or upon public streets, highways,
roads, alleys, parks, playgrounds, places or buildings between the hours of 10:00 P.M. and 5;00
RNVl C U P~2003~03-0162 Monkey Feet Gaming~Staff Report.doc
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A.M. Staff has discussed the City curlew Ordinance with the Police Department and the Police
Department has indicated that this facility will be patrolled similar to night clubs and barn. The Police
Department will perform periodic field investigations to determine if there ara any problems, or in this
case, if minors are in violation of the City curfew Ordinance. This is a standard operation procedure
performed by the Police Department, which ensures compliance with the City curfew Ordinance.
Staff has also been in discussion with the applicant concerning adult oriented material. As a
condition of approval the viewing of adult material is not permitted within the facility. The applicant
has assured staff that all computers within the facility maintain a filter system and any attempt by
customers to view such material will automatically alert the stora personnel. City of Temecula Police
Department has reviewed the proposed project and concurs with the requested hours of operation.
They ara as follows:
Monday- Friday: 2:00 P.M. - 12:00 A.M.
Saturday and Sunday: 10:00 A.M. - 12:00 A.M.
The applicant has indicated in the statement of operations, that a security guard will be provided in
addition to. recorded camera surveillance. At a minimum, the Conditions of Approval require an
adult, no less than 21 years of age to be prasent during hours of operation from Sunday through
Thursday and two adult supervisors on Friday and Saturday. Staff has included a condition of
approval that the rear door is to be used for emergency purposes only and shall not be used for daily
customer use. The applicant is raquired to post "No Loitering" signs throughout the shopping center.
ENVIRONMENTAL DETERMINATION
Staff has reviewed the project for compliance with the California Environmental Quality Act. Based
on staff's review, the proposed project is eligible for a CEQA exemption (Class 1- Existing Facilities)
pursuant to Section 15301 of the CEQA Guidelines.
SUMMARY/CONCLUSIONS
Staff believes the raquired findings necessary to approve a computer network and Internet gaming
facility in the Community Commercial zoning district can be made. The project, as proposed and as
conditioned, complies with all applicable development standards of the Community Commercial
zoning district. Staff believes the proposed computer network and Internet gaming facility is
compatible with the surrounding environment. The City ordinance pertaining to curfew for minors will
be in effect, raasonable hours of operation have been applied, no loitering on-site will be permitted,
viewing of adult material is prohibited, on-site security will be provided and access to and from the
rear of the building will be limited during normal business hours.
FINDINGS
Conditional Use Permit (17.04.010E)
The proposed conditional use is consistent with the General Plan and the development
code.
Staff has reviewed the proposal and finds that the proposed conditional use permit is
consistent with the City of Temecula General Plan and the applicable sections of the
Development Code, because the proposed use is permitted in the Community Commercial
Zone with the approval of a Conditional Use Permit.
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3
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.
As conditioned, the computer network and Internet gaming facility is compatible with the
nature, condition and adjacent buildings because the project site is zoned Community
Commercial and the surrounding uses include commercial office, retail and industrial uses.
The proposed conditional use will not adversely affect the adjacent uses, buildings or
structures because the building is existing and the proposed use is required to maintain
hours of operation to avoid adverse affects on the surrounding area.
The site for the proposed conditional use is adequate in size and shape to accommodate the
yards, walls, fences, parking and loading facilities, buffer area, landscaping and other
development features prescribed in the Development Code and required by the Planning
Commission or Council in order to integrate the use with other uses in the neighborhood.
The site is adequate in size and shape to accommodate the yards, walls, fences, parking
and loading facilities, buffer area, landscaping and other development features proscribed in
the Development Code and required by the Planning Commission in order to integrate the
use with other uses in the neighborhood because the proposed use is within an existing
building in an existing shopping center with all improvements including yards, walls, fences,
parking and loading facilities, buffer area, landscaping and all other features as required in
the Development Code and by Planning Commission.
The nature of the proposed conditional use is not detrimental to the health, safety, and
welfare of the community.
The nature of the proposed conditional use is not detrimental to the health, safety and
we/fare of the community because the project provides a service of technology to the
community that is in demand and the conditions of approval, including hours of operation
have been limited and the viewing of adult material will not be permitted within the project
site.
The decision to conditionally approve the conditional use permit is based on substantial
evidence in view of the record as a whole before the Planning Commission or City Council.
The project has been completely reviewed, as a who/e, in reference to all applicable codes
and ordinances before the Planning Commission.
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4
Attachments
1. PC Resolution No. 2003-
¸2.
o
__- Blue Page 6
Conditions of Approval - Exhibit A - Blue Page 10
Exhibits for PA03-0162 (Minor Conditional Use Permit) - Blue Page 15
A. Vicinity Map
B, Zoning Map
C. General Plan Map
D. Site Plan
E. Floor Plan
Statement of Operations - Blue Page 20
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A'R'ACHMENT NO. 1
PC RESOLUTION NO. 2003-
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6
PC RESOLUTION NO. 2003-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION NO.
PA03-0162 A MINOR CONDITIONAL USE PERMIT TO OPERATE
A 1,980 SQUARE FOOT COMPUTER NETWORK AND INTERNET
GAMING FACILITY AT 27911 JEFFERSON AVENUE, SUITE 103
KNOWN AS ASSESSORS PARCEL NO. 921-050-012
WHEREAS, An Mai and Jacques Cattell, representing Monkey Feet, filed Planning
Application No. PA03-0162, in a manner in accord with the City of Temecula General Plan and
Development Code;
WHEREAS, Planning Application No. PA03-0162 was processed including, but not limited to
a public notice, in the time and manner prescribed by State and local law;
WHEREAS, the Planning Commission, at a regular meeting, considered Planning
Application No. PA03-0162 on September 17, 2003, 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;
WHEREAS, at the conclusion of the Commission hearing and after du~ consideration of the
testimony, the Commission approved Planning Application No. PA03-0162 subject to the conditions
after finding that the project proposed in Planning Application No. PA03-0162 conformed to the City
of Temecula General Plan and Development Code;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES
HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct and are hereby incorporated
by reference.
Section 2. Findinqs. The Planning Commission, in approving Planning Application No.
03-0162 (Minor Conditional Use Permit) hereby makes the following findings as required by Section
17.04.010.E and Section 17.05.010.F of the Temecula Municipal Code:
Conditional Use Permit (17.04.010E)
A. The proposed conditional use is consistent with the General Plan and the
development code.
Staff has reviewed the proposal and finds that the proposed conditional use permit is
consistent with the City of Temecula General Plan and the applicable sections of the
Development Code because the proposed use is permitted in the Community Commercial
Zone with 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.
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As conditioned, the computer network and Intemet gaming facility is compatible with the
nature, condition and adjacent buildings because the project site is zoned Community
Commercial and the surrounding uses include commercial office, retail and industrial uses.
The proposed conditional use will not adversely affect the adjacent uses, buildings or
structures because the building is existing and the proposed use is required to maintain
hours of operation to avoid adverse affects on the surrounding area.
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 area, landscaping and
other development features prescribed in the Development Code and required by the Planning
Commission or Council in order to integrate the use with other uses in the neighborhood.
The site is adequate in size and shape to accommodate the yards, walls, fences, parking
and loading facilities, buffer area, landscaping and other development features prescribed in
the Development Code and required by the Planning Commission in order to integrate the
use with other uses in the neighborhood because the proposed use is within an existing
building in an existing shopping center with all improvements including yards, walls, fences,
parking and loading facilities, buffer area, landscaping and all other features as required in
the Development Code and by Planning Commission.
D. The nature of the proposed conditional use is not detrimental to the health, safety,
and welfare of the community.
The nature of the proposed conditional use permit is not detrimental to the health, safety and
welfare of the community be, cause the project provides a service of technology that is in
demand and the conditions of approval, including the hours of operation have been limited
and the viewing of adult material will not be permitted within the project site.
E. The decision to conditionally approve the conditional use permit is based on
substantial evidence in view of the record as a whole before the Planning Commission or City
Council.
The project has been completely reviewed, as a whole, in reference to all applicable codes
and ordinances before the Planning Commission.
Section 3. Environmental Compliance. A Notice of Exemption for Planning Application
No. 03-0162 was made per the California Environmental Quality Act Guidelines Section 15301
(Existing Facilities, Class 1).
Section 4. Conditions. That the City of Temecula Planning Commission hereby
conditionally approves Planning Application No. PA03-0162 (Minor Conditional Use Permit) a
request to operate a 1,980 square foot computer network and intemet gaming facility located at
27911 Jefferson Avenue, Suite 103, as set forth in Exhibit A and known as Assessors Parcel No.
921-050-012.
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Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Commission this 17th day of September 2003.
ATTEST:
Dennis Chiniaeff, Chairperson
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that
PC Resolution No, 2003- was duly and regularly adopted by the Planning commission of the City
of Temecula at a regular meeting thereof held on the 17u' day of September, 2003, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
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EXHIBIT A
CONDITIONS OF APPROVAL
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EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No: PA03-0162 (Minor Conditional Use Permit)
Project Description:
A Minor Conditional Use Permit to operate a 1,980 square
foot computer network and Internet gaming facility
located at 27911 Jefferson Avenue, Suite 103
DIF Category:
Commercial
Assessor's Parcel No: 92i-050-012
Approval Date:
Expiration Date:
September 17, 2003
September 17, 2005
PLANNING DEPARTMENT
Within Forty-Eight (48) Hours of the Approval of this Project
The applicant shall deliver to the Community Development Department- Planning Division 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 Resoumes Code Section 21108(b) and California Code
of Regulations Section 15062. If within said forty-eight (48) hour period the applicant has
not delivered to the Community Development Department - Planning Division 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).
General Requirements
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 Ci~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.
This approval shall be used within two (2) 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 (2) year period, which is thereafter diligently
pursued to completion, or the beginning of substantial utilization contemplated by this
approval.
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11
4. All conditions shall be complied with pdor to any occupancy or use allowed by this
conditional use permit.
This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the Cites
Development Code.
The permittee shall obtain City approval for any modifications or revisions to the approval of
this Conditional Use Permit.
The development of the premises shall substantially conform to the approved Exhibits D
(Floor Plan), contained on file with the Community Development Department - Planning
Division.
The applicant shall comply with their Statement of Operations dated 3/30/03, on file with the
Community Development Department - Planning Division, unless superceded by these
conditions of approval.
The regular hours of operation shall be as follows:
Monday- Friday ~ 2:00 pm - 12:00 am
Saturday - Sunday 10:00 am - 12:00 am
10.
The applicant shall post at least three (3) "No Loitering" signs throughout the project site
subject to approval by the Planning Director (Business and Profession Code 26501).
11.
At least one adult providing on-site supervision and security shall be provided on the
premises during all hours of operation.
12. The applicant shall maintain an interior waiting area for no less than five (5) customers.
13.
The rear door shall be used for emergency purposes only and shall not be used for
customers as exit/entrance privileges.
14.
The applicant shall fumish one (1) bicycle rack (4 total spaces) on the project si.t~e, subject to
approval by the Planning Director.
POLICE DEPARTMENT
15.
Currently, the Temecula Police Department concurs with the requested hours of operation,
as indicated in the statement of operations. However, if any recurring problems should occur
where the need for police response is needed due to the late hours of operations or for any
other reasons, the Temecula Police Department, at it's discretion, reserves the right to
approach the City's Planning Commission and request the hours of operation be amended.
16.
17.
The sales and/or use of any alcoholic beverages on premises and surrounding area of
responsibility is prohibited in accordance with City Ordinance 97-07, (9.14.010 TMC series)
Applicant will ensure no loitering, disorderly house (Business and Profession Code 26501 )
occurs on or adjacent to its premises during hours of operation.
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18. 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 TMC.
19.
Applicant will familiarize employees with City Municipal Code 9.12.010 TMC, curfew for
minors.
20.
Applicant will ensure that at least one adult supervision (age twenty-one years or older) be
on the premises at all times during hours of operation from Sunday through Thursday and
two adult supervision on Friday and Saturday. The Temecula Police Department concurs
with applicants' Letter of Justification in providing a security guard on premises dudng hours
of operation. If Secudty officer(s) are provided, they must be identified in uniform. Secudty
officer will not be armed with any type of firearms (weapon). This does not include mace or
pepper spray.
21.
Applicant will be responsible for any cost incurred by the Police Department if additional
officers are required because of traffic problems/congestions, public disturbance or where
the need for police presence is required.
BUILDING AND SAFETY DEPARTMENT
22.
All design components shall comply with applicable provisions of the 2001 edition of the
California Building, Plumbing and Mechanical Codes; 1998 National Electrical Code;
California Administrative Code, Title 24 Energy and Disabled Access Regulations and the
Temecula Municipal Code.
23.
Obtain all building plans and permit approvals prior to commencement of any construction
work.
24.
All building and facilities must comply with applicable disabled access regulations. Provide
all details on plans. (California Disabled Access Regulations effective April 1, 1998)
25.
Restroom fixtures, number and type, to be in accordance with the provisions of the 2001
edition of the California Building Code Appendix 29.
26.
Provide appropriate stamp of a registered professional with original signature on plans prior
to permit issuance.
27.
Provide electrical plan including load calculations and panel schedule, plumbing schematic
and mechanical plan for plan review for any improvements proposed.
FIRE DEPARTMENT
33.
Final fire and life safety conditions will be addressed when the Fire Prevention Bureau
reviews building plans. These conditions will be based on occupancy; use, the California
Building Code {CBC), California Fire Code (CFC), and related codes, which are in fome at
the time of building, plan submittal.
34.
Prior to issuance of a Certificate of Occupancy, a "Knox Box" shall be provided, or a key
provided for the common Knox Box. The Knox Box shall be installed a minimum of 6 feet in
height and located to the right side of the main entrance door (CFC 902.4).
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13
35.
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 105)
36.
it is the responsibility of the applicant and owner of the establishment to keep the fire lanes
open and passable at all times.
By placing my signature below, I confirm that I have read, understand, and accept all the above
Conditions of Approval I further understand that the property shall be maintained in conformance
with these conditions of approval and that any changes I may wish to make to the project shall be
subject to Community Development Department approval.
Applicant Printed Name
Applicant Signature
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ATrACHMENT NO. 2
EXHIBITS
RNvl C U P~.003~;)3-0162 Monkey Feet Gaming\Staff Report.doc
15
CITY OF TEMECULA
Site
CASE NO. - PA03-0162
EXHIBIT - A
PLANNING COMMISSION DATE - September 17, 2003
VICINITY MAP
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16
CITY OF TEMECULA
9ct Site
EXHIBIT B - ZONING MAP
Community Commercial (CC)
EXHIBIT C - GENERAL PLAN
DESIGNATION - Community Commercial (CC)
CASE NO.- PA03-0162
PLANNING COMMISSION DATE - September 17, 2003
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17
CITY OF TEMECULA
m' 'llll llllll
Jefferson Ave.
~CASE NO. - PA03-0162 EXHIBIT- D
PLANNING COMMISSION DATE - September 17, 2003
SITE PLAN
R:~I C U F~2003~03-0162 Monkey Feet Gaming~taff Report.doc
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CITY OF TEMECULA
CASE NO. - PA03-0162
EXHIBIT - E
PLANNING COMMISSION DATE -September 17, 2003
FLOOR PLAN
R:~Jt C tJ P~2003'~03-O162 Monkey Feet Gaming\Staff Report.doc
ATTACHMENT NO. 3
STATEMENT OF OPERATIONS
R:~VI C U 1:~2003~-O162 Monkey Feet Gaming~Staff Report.doc
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MONkEy FEET
Statements of Operations
03/30/03
The goal of Monkey Feet is to provide a one-stop location for all the computer
related needs.
Monkey Feet plans to target 3 main areas:
40% of which will target the home, small and medium business computing
market, by offering custom built computer systems, PC repairs/upgrades,
and networking needs. Training classes to end-users, and network design
and installation to local business infrastructure.
40% will focus on the need to offer computers or internet access on a
rental-by-hour basis for students or others who need more powerful
machines to run any graphic-intensive softwares. For clients'
convenience, color printing, copying, scanning, and faxing are also
available. We also offer assistance to those who want to expand on their
computer skills.
The final 20% will target the "E-commerce" by offering web page design,
web hosting and graphic designs.
The store will be able to accommodate approx. 50 computer systems to offer
the following:
· Computer rentals
High-speed Internet usage, such as checking your E-Mail, Web browsing,
etc.
· MS-Office application.
· 2 computers will be Macintosh G4 systems, which are designed to handle
the massive requirements of today's graphics and desktop publishing
programs. '
· Copy machine, scanner, printers and a fax machine
· Main computer (server) room
The machines (excluding the Mac's) are to be quality Fireboxes, computers
made and assembled by the parent company, Inhomefirewire.com. All machines
will contain the latest hardware to meet the needs of today's memory intensive
programs, which are driven by highly detailed graphic images and sound. All
Fireboxes (excluding the Mac's) will be manufactured, setup, and supported by
Inhomefirewire.com. All computer systems will have access to an in-house
network as well as to the Internet.
.:, . Monkey Feet Stat.emepts of Operations
Other amenities include color Laser printer, scanner, and a copier, fax
machine.
Monkey Feet will constantly work with its clients to make sure we stay
consistent with today's needs in computer technology. This will be accomplished
through feedback such as questionnaires or the good old-fashioned suggestion
box..
For security reasons, the entire premises wilt be under continuous recorded
camera surveillance, and a security guard. The regular operating hours will be
M-F 2pm - midnight; and Sat/Sun lOam-midnight. Summer hours or holiday
hours may be longer. The computer usage fee will be $2/hour; there will be a
one-time membership fee of $10.
Monkey Feet Statements of Operations
· ,' , ; :.~', '. ....... i~"."!:~' . . . ·
ITEM #5
STAFF REPORT- PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
September 17, 2003
Planning Application No. PA02-0701 (Minor Conditional Use Permit)
Prepared by: Thomas Thornsley, Associate Planner
RECOMMENDATION: The Planning Department Staff recommends the
Commission:
1.
Planning
Adopt a Notice of Exemption for Planning Application No. PA02-0701 pursuant to Section
15301 of the California Environmental Quality Act'Guidelines.
Adopt a Resolution entitled:
PC RESOLUTION NO. 2003-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CFFY
OF TEMECULA APPROVING PLANNING APPLICATION NO.
PA02-0701, A MINOR CONDITIONAL USE PERMIT TO OPERATE
AN 1,800 SQUARE FOOT AN INTERNET ARCADE/CAFI5 AT
27309 JEFFERSON AVENUE, SUITE 104 KNOWN AS
ASSESSORS PARCEL NO. 909-281-031
APPLICATION INFORMATION
APPLICANT:
PROPOSAL:
LOCATION:
EXISTING ZONING:
SURROUNDING ZONING:
GENERAL PLAN:
EXISTING LAND USE:
Landwerx/PC Gaming, James Chert
A Minor Conditional Use Permit proposal to operate an Internet
arcade/caf6 in a commercial center that provides entertainment for
customers primarily between 15-25 years of age
27309 Jefferson Avenue, Suite 103
Highway Tourist (HT)
North: Service Commercial (SC)
South: Highway Tourist (HT) and Community Commercial (CC)
East: Highway Tourist (HT)
West: Business Park (BP)
Highway Tourist (HT)
A two acre Commemial Center
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SURROUNDING LAND
USES:
North: Flood Control Channel and Vacant
South: Commercial Center
East: Commercial Center
West: Industrial Building
PROJECT STATISTICS
Leased Floor Area:
1,920 square feet
BACKGROUND
The application was submitted to the Planning Department on December 20, 2002 after the
business was cited for operating without a Conditional Use Permit. Code Enforcement in
cooperation with the Planning Department has permitted this business to operate pending the
outcome of this application. The application was deemed incomplete and the requested material
was not provided until March 3, 2003. A study of the property was conducted by the Police
Department in March to assess the clientele attending the facility. Staff has since conducted
research on similar businesses to determine the extent of potential nuisances that may accompany
this use within the commercial center.
PROJECT DESCRIPTION
The applicant is requesting a Minor Conditional Use Permit to operate an Internet arcade/caf~ in a
commercial center that provides entertainment for customers primarily between 15-25 years of age.
This facility will offer the customers a supervised place to browse the Internet and to play in
multiplayer games against each other. The proposed facility will have approximately 70 computer
stations. The facility is proposed on the west side of Jefferson Avenue, approximately 600 feet north
of Winchester Road.
The applicant has proposed the hours of operation of Sunday through Thursday 10:00 A.M. to 2:00
A,M. and Friday and Saturday 10:00 A.M. to 4 A.M, The expected peak hours of operation are
between 6:30 P.M. and 2:00 A.M. when most other business in this small center are either closed or
near closing for the evening. An adult supervisor will be in attendance at all times and the facility will
operate surveillance cameras for security purposes.
ANALYSIS
Use
The City Attorney has determined that the proposed use is similar to an arcade use and shall be
subject to any/all requirements for arcades. Section 17.10 of the Development Code allows arcades
subject to the approval of a Conditional Use Permit by the Planning Commission. The Planning
Commission has the discretion to apply any condition deemed necessary including the following:
· Need for adult supervision
· Hours of operation
· Inside and outside security measures
· Noise attenuation
· Bicycle facilities
· Interior waiting area
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The primary concerns of staff include the potential violations of curfew for minors, viewing of adult
material, hours of operation, access to and from the building and loitering. The project is required to
implement the City Ordinance curfew for minors, which prohibits the "presence of minors (any
person under the age of 18 years old) in or upon public or private streets, 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 10:00 P.M. and the time of sunrise of the
following day." The City Ordinance sets forth exceptions and permits a minor's presence '~vhen
engaged in or going directly to or returning directly form any lawful activity with written permission
from a custodial person over the age of eighteen years of age."
Staff has been in discussion with the applicant concerning adult oriented material. As a condition of
approval, the viewing of adult material is not permitted within the facility. The applicant has assured
staff that all computers within the facility maintain a filter system and any attempt by customers to
view such material will automatically alert the store personnel.
City of Temecula Police Department surveyed this facility in March of this year. They assessed the
number of individuals utilizing the facility at various late night hours. They found that all late night
patrons (those after 11:20 p.m.) were adults with the exception the time period that coincided with
the school district's spring break (See Attachment 3). The Police Department is willing to accept the
applicant's requested hours of operation based on their knowledge the of late night activity and the
fact that the police have not been summoned to this facility since it opened. However, the Police
Department has included a condition they may request the Planning Commission amend the hours
of operation should the department be involved with recurring problems at this facility.
ENVIRONMENTAL DETERMINATION
Staff has reviewed the project for compliance with the California Environmental Quality Act. Based
on staff's review, the proposed project is eligible for a CEQA exemption (Class 1- Existing Facilities)
pursuant to Section 15301 of the CEQA Guidelines.
SUMMARY/CONCLUSIONS
Staff believes the required findings necessary to approve an Internet/arcade caf~ in the Community
Commercial zoning district can be made. The project, as proposed and as conditioned, complies
with all applicable development standards of the Community Commercial zoning district. Staff
believes the proposed InternetJarcade caf6 is compatible with the surrounding business. The City
ordinance pertaining to curfew for minors will be in effect, reasonable hours of operation have been
applied, no loitering on-site will be permitted, viewing of adult material is prohibited, and on-site
supervision and security will be provided.
FINDINGS
Conditional Use Permit (17.04.010E)
The proposed conditional use is consistent with the General Plan and the development
code.
Staff has reviewed the proposal and finds that the proposed conditional use permit is
consistent with the City of Temecula General Plan and the applicable sections of the
Development Code, because the proposed use is permitted in the Community Commercial
Zone with the approval of a Conditional Use Permit.
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=
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.
As conditioned, the computbr network and InternetJarcade caf~ is compatible with the
nature, condition and adjacent buildings because the project site is zoned Community
Commercial and the surrounding uses include commercial retail and restaurant uses. The
proposed conditional use will not adversely affect the adjacent uses, buildings or structures
because the building exists and the proposed use is required to maintain hours of operation
to avoid adverse affects on the surrounding area.
The site for the proposed conditional use is adequate in size and shape to accommodate the
yards, walls, fences, parking and loading facilities, buffer area, landscaping and other
development features prescribed in the Development Code and required by the Planning
Commission or Council in order to integrate the use with other uses in the neighborhood.
The site already developed and was adequately designed in size and shape to
accommodate the yards, walls, fences, parking and loading facilities, buffer area,
landscaping and other development features prescribed in the Development Code and
required by the Planning Commission in order to integrate the use with other uses in the
neighborhood. Theproposeduseiswithinanexistingbuildingandwillnotalterthecurrent
condition of the existing center.
The nature of the proposed ~onditional use is not detrimental to the health, safety, and
welfare of the community.
The nature of the proposed conditional use and its operating practices are not detrimental to
the health, safety and we/fare of the community because the project provides adult
supervision and security, operates within set hours, and the conditions of approval, including
hours of operation have been limited and the viewing of adult material will not be permitted
within the project site.
The decision to conditionally approve the conditional use permit is based on substantial
evidence :in view of the record as a whole before the Planning Commission or City Council.
The project has been completely reviewed, as a who/e, in reference to all applicable codes
and ordinances before the Planning Commission.
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Attachments
1. PC Resolution - Blue Page 6
Exhibit A - Conditions of Approval - Blue Page 10
2. Exhibits for PA02-0701 (Minor Conditional Use Permit) - Blue Page 15
A. Vicinity Map
B. Zoning Map
C. General Plan Map
D. Site Plan
E. Floor Plan
3. Police Department's Activity Survey - Blue Page 20
4. Applicants Response To Police Department Concerns- Blue Page 21
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A3-1'ACHMENT NO. 1
PC RESOLUTION NO. 2003-
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PC RESOLUTION NO. 2003-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION NO.
PA02-0701, A MINOR CONDITIONAL USE PERMIT TO OPERATE
AN 1,800 SQUARE FOOT COMPUTER NETWORK AND
INTERNET GAMING FACILITY AT 27309 JEFFERSON AVENUE,
SUITE 104 KNOWN AS ASSESSORS PARCEL NO. 909-281-031
WHEREAS, James Chen, representing Landwerx/PC Gaming, filed Planning Application No.
PA02-0701, in a manner in accord with the City of Temecula General Plan and Development Code;
WHEREAS, Planning Application No. PA02-0701 was processed including, but not limited to
a public notice, in the time and manner prescribed by State and local law;
WHEREAS, the Planning Commission, at a regular meeting, considered Planning
Application No. PA02-0701 on September 3, 2003, 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;
WHEREAS, at the conclusion of the Commission hearing and after due consideration of the
testimony, the Commission approved Planning Application No. PA02-0701 subject to the conditions
after finding that the project proposed in Planning Application No. PA02-0701 conformed to the City
of Temecula General Plan and Development Code;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES
HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct and are hereby incorporated by
reference.
Section 2. Findinqs. The Planning Commission, in approving Planning Application No.
PA02-0701 (Minor Conditional Use Permit) hereby makes the following findings as required by
Section 17.04.010.E of the Temecula Municipal Code:
Conditional Use Permit (17.04.010E)
A. The proposed conditional use is consistent with the General Plan and the
development code.
Staff has reviewed the proposal and finds that the proposed conditional use permit is
consistent with the City of Temecula General Plan and the applicable sections of the
Development Code, because the proposed use is permitted in the Community Commercial
Zone with 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.
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As conditioned, the computer network and Internet/arcade caf6 is compatible with the
nature, condition and adjacent buildings because the project site is zoned Community
Commercial and the surrounding uses include commercial retail and restaurant uses. The
proposed conditional use will not adversely affect the adjacent uses, buildings or structures
because the building exists and the proposed use is required to maintain hours of operation
to avoid adverse affects on the surrounding area.
C. The site for the proposed conditional use is adequate in size and shape to
accommodate the yards, walls, fence's, parking and loading facilities, buffer area, landscaping and
other development features prescribed in the Development Code and required by the Planning
Commission or Council in order to integrate the use with other uses in the neighborhood.
The site already developed and was adequately designed in size and shape to
accommodate the yards, walls, fences, parking and loading facilities, buffer area,
. landscaping and other development features prescribed in the Development Code and
required by the Planning Commission in order to integrate the use with other uses in the
neighborhood. Theproposeduseiswithinanexistingbuildingandwillnotalterthecurrent
condition of the existing center.
D. The nature of the proposed conditional use is not detrimental to the health, safety,
and welfare of the community.
The nature of the proposed conditional use and its operating practices are not detrimental to
the health, safety and welfare of the community because the project provides adult
supervision and security, operates within set hours, and the conditions of approval, including
hours of operation have been limited and the viewing of adult material will not be permitted
within the project site.
E. The decision to conditionally approve the conditional use permit is based on
substantial evidence in view of the record as a whole before the Planning Commission or City
Council.
The project has been completely reviewed, as a whole, in reference to all applicable codes
and ordinances before the Planning Commission.
Section 3. Environmental Compliance. A Notice of Exemption for Planning Application
No. 02-0701 was made per the California Environmental Quality Act Guidelines Section 15301
(Existing Facilities, Class 1 ).
Section 4. Conditions. That the City of Temecula Planning Commission hereby
conditionally approves Planning Application No. 02-0701 (Minor Conditional Use Permit) a request
to operate an 1,800 square foot Internet arcade/caf& in a commercial center that provides
entertainment for customers primarily between 15-25 years of age, located at 27309 Jefferson
Avenue, Suite 104 and known as Assessors Pamel No. 909-281-031.
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Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Commission this 17th day of September 2003.
ATTEST:
Dennis Chiniaeff, Chairperson
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that
PC Resolution No. 2003- was duly and regularly adopted by the Planning commission of the City
of Temecula at a regular meeting thereof held on the 17th day of September 2003, by the following
vote:
AYES:
PLANNING COMMISSIONERS:
NOES:
PLANNING COMMISSIONERS:
ABSENT:
PLANNING COMMISSIONERS:
ABSTAIN:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
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EXHIBIT A
CONDITIONS OF APPROVAL
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EXHIBIT A
CiTY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No: PA02-0701 (Minor Conditional Use Permit)
Project Description:
A Minor Conditional Use Permit to operate an 1,800
square foot Internet arcade/caf~ that provides
entertainment for customers located at 27309 Jefferson
Avenue, Suite 104
Assessor's Parcel No: 909-281-031
Approval Date:
September 17, 2003
Expiration Date:
September 17, 2005
PLANNING DEPARTMENT
Within Forty-Eight (48) Hours of the Approval of this Project
The applicant shall deliver to the Planning Department a cashiers check or money order
made payable to the County Clerk in the amount of sixty-four Dollam ($64.00) for the County
administrative fee, to enable the City to file the Notice of Exemption as provided under Public
Resources Code Section 21108(b) and California Code of Regulations Section 15062. If
within said forty-eight (48) hour period the applicant has not delivered to the Community
Development Department - Planning Division 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).
General Requirements
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.
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o
This approval shall be used within two (2) 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 (2) year period, which is thereafter diligently
pursued to completion, or the beginning of substantial utilization contemplated by this
approval.
All conditions shall be complied with prior to any occupancy or use allowed by this
conditional use permit.
This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's
Development Code.
°
The permittee shall obtain City approval for any modifications or revisions to the approval of
this Conditional Use Permit.
The development of the premises shall substantially conform to the approved Exhibits D
(Floor Plan), contained on file with the Planning Department.
The applicant shall comply with their Statement of Operations, on file with the Planning
Department, unless superceded by these conditions of approval.
Regular hours of operations Shall be as follows;
Sunday through Thursday: 10:00 a.m.- 2:00 a.m.
Friday and Saturday:, 10:00 a.m. - 4:00 a.m.
10.
The applicant shall post at least three (3) "No Loitering" signs throughout the project site
subject to approval by the Planning Director (Business and Profession Code 26501).
11.
At least one adult providing on-site supervision and security shall be provided on the
premises during all hours of operation.
12. The applicant shall maintain an interior waiting area for no less than five (5) customers.
13.
The rear door shall be used for emergency purposes only and shall not be used for
customers as exit/entrance privileges.
14.
The applicant shall furnish one (1) bicycle rack (4 total spaces) on the project site, subject to
approval by the Planning Director.
POLICE DEPARTMENT
15.
Currently, the Temecula Police Department concurs with the hours of operations as
indicated bythe applicant. However, if any recurring problems should occur where the need
for police response is needed due to the late hours of operations or for any other reasons,
the Temecula Police Department, at it's discretion, reserve the right to approach the City's
Planning Commission and request the hours of operation be amended.
16.
The sales and/or use of any alcoholic beverages on premises and surrounding area of
responsibility is prohibited in accordance with City Ordinance 97-07, (9.14.010 TMC series)
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17. Applicant will ensure no loitering, disorderly house (Business and Profession Code 26501 )
occurs on or adjacent to its premises during hours of operation.
18.
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 TMC.
19.
Applicant will familiarize employees with City Municipal Code 9.12.010 TMC, curfew for
minors.
20.
Applicant will ensure that at least one adult supervision (age twenty-one years or older) be
on the premises at all times during hours of operation from Sunday through Thursday and
two adult supervision on Friday and Saturday.
21.
Applicant will be responsible for any cost incurred by the Police Department if additional
officers are required because of traffic problems/congestions, public disturbance or where
th.~e need for police presence is required.
BUILDING AND SAFETY DEPARTMENT
22.
All design components shall comply with applicable provisions of the 2001 edition of the
California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code;
California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access
Regulations, and the Temecula Municipal Code.
23.
Obtain all building plans and permit approvals prior tO commencement of any construction
work.
24.
All building and facilities must comply with applicable disabled access regulations. Provide
all details on plans. (California Disabled Access Regulations effective April 1, 1998)
25.
Restroom fixtures, number and type, to be in accordance with the provisions of the 2001
edition of the California Building Code Appendix 29.
26.
Provide appropriate stamp of a registered professional with original signature on plans prior
to permit issuance.
27.
Provide electrical plan including load calculations and panel schedule, plumbing schematic
and mechanical plan for plan review for any improvements proposed.
FIRE DEPARTMENT
28.
Final fire and life safety conditions will be addressed when building plans for any alteration
are reviewed by the Fire Prevention Bureau, or a field inspection is performed. 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.
29.
Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be
provided, or a key provided for the common Knox Box. The Knox-Box shall be installed a
minimum of six (8) feet in height and be located to the right side of the main entrance door.
(CFC 902.4)
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30.
Fire lanes are existing/identified and will not require alteration by this tenant. It is however
the responsibility of the owner/operators of this establishment to keep the fire lanes open
and passable at all times.
31.
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,
or any change of use for this business. These changes shall be submitted to the Fire
Prevention Bureau for review and approval per the Fire Code and is subject to inspection.
(CFC 105)
By placing my signature below, confirm that I have read, understand and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in conformance
with these conditions of approval and that any changes I may wish to make to the project shall be
subject to Planning Commission approval.
Applicant's Signature
Name printed
Date
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ATTACHMENT NO, 2
EXHIBITS
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CITY OF TEMECULA
CASE NO. - PA02-0701
EXHIBIT - A
PLANNING COMMISSION DATE- September 17, 2003
VICINITY MAP
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CITY OFTEMECULA
EXHIBIT B -
Community Commercial (CC)
ZONING MAP
EXHIBIT C -
DESIGNATION - Community Commercial (CC)
CASE NO. - PA02-0701
PLANNING COMMISSION DATE - September 17, 2003
GENERAL PLAN
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CiTY OF TEMECULA
CASE NO. - PA02-0701
EXHIBIT - D
~PLANNING COMMISSION DATE - September 17, 2003
SITE PLAN
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CITY OF TEMECULA
Door
SOin
1301n
~30in
~ GOin 1201n 60in
CASE NO. - PA02-0701
EXHIBIT- E
PLANNING COMMISSION DATE - September 17, 2003
FLOOR PLAN
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ATrACHMENT NO. 3
POLICE DEPARTMENT'S ACTIVITY SURVEY
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Date:
Subject:
Case Planner:
Applicant:
City of Temecula
Police Crime Prevention & Plans Unit
27540 Ynez Road, Suite J-9, Temecula, CA 92591
(909) 506-2626 Fax: (909) 506-2838
MINOR CONDITIONAL USE PERMIT
April 3, 2003
Minor Conditional Use Permit No. PA02-0701
Thomas Thornsley
Landwerx/PC Gaming Amade, James Chen
27309 Jefferson Avenue, Suite 104
The following is a survey conducted by the Temecula Police patrol officers regarding
attendance of adults and juveniles during the following time periods:
Thursday, March 6, 2003:
Friday, March 7, 2003:
Saturday, March 8, 2003:
Sunday, March 9, 2003:
Monday, March 10, 2003:
Tuesday, March 11,2003:
Wednesday, March 12, 2003:
2345 hours
0008 hours
0143 hours
0257 hours
2320 hours
0222 hours
0114 hours
0100 hours
0130 hours
0118 hours
0050 hours
10 adults, 0 juveniles
10 adults, 0 juveniles
4 adults, 0 juveniles
Closed
36 adults, 0 juveniles
7 adults, 0 juveniles
29 adults, 0 juveniles
7 adults, 32 juveniles
0 adults, 9 juveniles
0 adults, 7 juveniles
1 adult, 22 juveniles
It must be noted that during the period of 03/09/03 to 03/12/03, the Temecula Valley
Unified School District was on spring break.
Lynn N. Fanene, Sr.
Crime Prevention and Plans Officer
ATrACHMENT NO. 4
APPLICANTS RESPONSE TO POLICE DEPARTMENT CONCERNS
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City of Temecula
Polic~ Crime Prevention Unit
27540 Ynez Road, Suite J-9
Temeeula, CA 92591
Jamcs Chen
LanWerx PC Gaming
27309 Jefferson Ave Ste. 104
~femecula, CA 92591
To Whom R May Concern:
Th~s letter is in regards to the Minor Conditional Use Permit No. PA02-0701.
We respectfully ask that condition I regarding the hours of operation be reconsidered for
our establishment. Condition 1 states that the hours of operation shall be as follows:
Sunday through Thuxsday: 10:00am- 1 l:00pm
Friday and Saturday:. 10:00am-midnight
We are asking to keep our current hours of operation. Please note that the following
hours have been in effect since LanWerx' opening in November of 2001.
Sunday
Monday through Thursday
Friday and Saturday:
10:00am-2:00am
12:00pm-2:00am
10:00am- 4:00am
Please b~ aware that we have enforced that no minors are allowed without adult
supervision ai~erl0:00pm everyday.
Please consider allowing these hours, as it is vital to our business survival. LanWerx has
provided a safe source of entertainment since its opening on November 15, 2001.
LanWerx has been a positive influence in the Temeeula community, and has brought
revenue to its surrounding businesses. There have been no complaints filed against
LanWerx, and any issues brought to our attention have been/will be resolved
immediately.
Thank you for your time and consideration.
Sincerely,
lames Chen