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HomeMy WebLinkAbout91_012 PC ResolutionRESOLUTION NO. 91-012 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLOT PLAN NO. 138 REVISED PLOT PLAN NO. 9683 TO ALLOW FOR A 2,160 SQUARE FOOT MODULAR CLASSROOM IN CONJUNCTION WITH AN EXISTING DAY CARE CENTER ON A PARCEL CONTAINING 0.86 ACRES LOCATED ON THE SOUTH CORNER OF MERCEDES AND THIRD STREET AND KNOWN AS ASSESSOR'S PARCEL NO. 922- 040-014 AND 922-040-015 WHEREAS, Mr. and Mrs. John McCusker filed Plot Plan No. 138 Revised Plot Plan No. 9683 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Plot Plan application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission conducted a public hearing pertaining to said Plot Plan on February 25, 1991, at which time interested persons had opportunity to testify either in support or opposition to said Plot Plan; and WHEREAS, the Planning Commission received a copy of the Staff Report regarding the Plot Plan; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: .gECTION 1. EJ~. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code SectiOn 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan. (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: S\STAFFR PT~138. PP (a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (C) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Plot Plan is consistent with the SWAP and meet the requirements set forth in Section 65360 of the Government Code, to wit: (1) The City is proceeding in a timely fashion with a preparation of the general plan. (2) The Planning Commission finds, in approving projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: a) There is reasonable probability that Plot Plan No. 138 Revised Plot Plan No. 9683 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. S~STAFFRPT~138.PP c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. (1) Pursuant to Section 18.30(c), no plot plan may be approved unless the following findings can be made: a) The proposed use must conform to all the General Plan requirements and with all applicable requirements of state law and City ordinances. b) The overall development of the land is designed for the protection of the public health, safety and general welfare; conforms to the logical development of the land and is compatible with the present and future logical development of the surrounding property. (2) The Planning Commission, in approving the proposed Plot Plan, m. akes the following findings, to wit: a) There is a reasonable probability that Plot Plan No. 138 Revised Plot Plan No. 9683 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law, due to the fact that the project is consistent with existing site development standards in that it proposes articulated architectural features and site amenities commensurate with existing and anticipated commercial development standards. b) There is not a likely probability of substantial detriment to or interference with the future General Plan, if the proposed use is ultimately inconsistent with the plan, due to the fact that the project is in conformance with existing and anticipated land use and design guidelines and recommendations as discussed in the project analysis. c) The proposed use or action complies with State planning and zoning laws, due to the fact that the proposed use conforms with those uses listed as "allowed" within the project site's S~STAFFRPT~138.PP d) e) f) g) h) existing C-1/C-P (General Commercial land use designation. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuration, cimulation patterns, access, and intensity of use, due to the fact that adequate area is provided for all proposed structures; area for adequate landscaping is provided along the projects public and private frontages; and the internal ciroulation/parking plan should not create traffic conflicts as design provisions include driveways and parking areas in conformance with adopted City standards. The project as designed and conditioned will not adversely affect the public health or welfare, due to the fact that the conditions stated in the approval are based on mitigation measures necessary to reduce or eliminate potential adverse impacts of the project as discussed in the above Findings, Facts, and body of the Staff Report. The project is compatible with surrounding land uses. The harmony in scale, bulk, height, intensity, and coverage creates a compatible physical relationship with adjoining properties, due to the fact that the proposal is similar in compatibility with surrounding land uses. Commemial facilities are currently existing adjacent to the proposal. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the present or planned land use of the area, due to the fact that the proposed project is consistent with the current zoning of the subject site (C-I/C-P; General Commercial), and also consistent with the adopted Southwest Area Community Plan (SWAP) designation of commercial. The project has acceptable access to a dedicated right-of-way which is open to, and S~TAFFRP%I38.PP useable by, vehicular traffic, due to the fact that the project currently proposes a cimular driveway accessing Mercedes Street which have been determined to be adequate by the City Engineer. i) The design of the project and the type of improvements are such that they are not in conflict with easements for access through or use of the property within the proposed project, due to the fact that this is clearly represented in the site plan and the project analysis. J) That said findings are supported by minutes, maps and exhibits referenced in the attached Staff Report, Exhibits, and Conditions of Approval. k) The approval of the modular building is consistent with other buildings already approved on the site, and is no way intended to set a precedent to exclude historical amhitectural theme of the Temecula Old Town area. E. As conditioned pursuant to SECTION 3, the Plot Plan proposed conforms to the logical development of its proposed site, and is compatible with the present and future development of the surrounding property. SECTION 2. Environmental Compliance. Pursuant to Section 15303 of the California Environmental Quality Act, the project is categorically exempt from the requirement for environmental review. SECTION ~ Conditi~n.~. That the City of Temecula Planning Commission hereby approves Plot Plan No. 138, Revised Plot Plan No. 9683 to allow for a 2,160 square foot modular classroom in conjunction with an existing day-care center located on the south corner of Mercedes and Third Street and known as Assessor's Pamel No. 922-040-014 and 922-040-015 subject to the following conditions: A. Exhibit A, attached hereto. S~TAFFRP%138.PP SECTION 4. PASSED, APPROVED AND ADOPTED this 25th day of February 1991 DENNIS CHII~.~ CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 25th day of February, 1991 by the following vote of the Commission: AYES: NOES: ABSENT: 4 PLANNING COMMISSIONERS Blair, Ford, Hoagland, Chiniaeff 0 PLANNING COMMISSIONERS None 1 PLANNING COMMISSIONERS Fahey S~STAFFRP%138.PP lO CITY OF TEMECULA CONDITIONS Of APPROVAL Plot Plan No: 138. Ra. vi.~a.d Plot Plan No. 9683 Project Description: 2:1~0 Square Foot Modular Assessor's Parcel No.: 922-040-014 and 015 The use hereby permitted by this revised plot plan is for the placement of a 2,160 square foot portable classroom located on the south corner of Mercedes and Third Street. The permittee shall defend, indemnify, and hold harmless the City of Temecula, its agents, officers, and employees from any claims, action, or proceeding against the City of Temecula or its agents, officers, or employees to attack, set.aside, void, or annul, an approval of the City of Temecula, its advisory agencies, appeal boards, or legislative body concerning Revised Plot Plan No. 138. The City of Temecula will promptly notify the permittee of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the permittee of any such claim, action or proceeding or fails to cooperate fully in the defense, the permittee shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. This approval shall be used within two (2) years of approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. This approval shall expire on March 8, 1993. The development of the premises shall conform substantially with that as shown on Plot Plan No. 138, Revised Plot Plan No. 9683 marked Exhibit C, or as amended by these conditions. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. The applicant shall comply with the Engineering Department's Conditions of Approval which are included herein. S~TAFFRP~138.PP 10. 11. 12. 13. 14. 15. 16. All existing and proposed trash bins shall be located off-street and enclosed. A certificate of Parcel Merger shall be recorded by the County Recorder through the Planning Department for Assessor's Parcel Nos. 922-040-014 and 922-040- 015 within 90 days of the approval date. (Amended per Planning Commission February 4, 1991 .) Within 15 days of the approval date, three (3) copies of a Parking, Landscaping, Irrigation, and Shading Plans shall be submitted to the Planning Department of approval. The location, number, genus, species, and container size of the plants shall be shown. (Amended per Planning commission February 4, 1991 .) All landscaped areas shall be planted in accordance with approved landscape, irrigation, and shading plans within 60 days of the approval date. An automatic sprinkler system shall be installed and all landscaped areas shall be maintained in a viable growth condition. Planting within ten (10) feet of an entry or exit driveway shall not be permitted to grow higher than thirty (30) inches. (Amended per Planning Commission February 4, 1991 .) A minimum of 5 parking spaces shall be provided in accordance with Section 18.12, Riverside County Ordinance No. 348. Five (5) parking spaces shall be provided as shown on the Approved Exhibit C. The parking area shall be surfaced with asphaltic concrete paving to a minimum depth of 3 inches on 4 inches of Class II base. Prior to the issuance of building permits, the applicant shall obtain clearance and/or permits from the following agencies: Planning Department Engineering Department Environmental Health School District Fire Department Building elevations shall be in substantial conformance with that shown on Exhibits A and B. Materials used in the construction of all buildings shall be in substantial conformance with that shown on Exhibits A and B (Color Elevations). No roof-mounted equipment shall be permitted on any building within the project site. Landscape screening shall be designed to be opaque up to a minimum height of six (6) feet at maturity along Mercedes. S~TAFFRP%138.PP 17. All existing specimen trees on the subject property shall be preserved wherever feasible. Where they cannot be preserved they shall be relocated or replaced with specimen trees as approved by the Planning Director. 18. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 19. After the 5th year from the Planning Commission approval date, the applicant shall do one of the following: Remove the modular classroom; Replace the modular classroom with a permanent structure; or Seek approval from the Old Town Temecula Architectural Control Committee to maintain the modular classroom. Engineering Department The following are the Engineering Department Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the Engineering Department. It is understood that the Developer correctly shows all existing easements, traveled ways, and drainage courses, and their omission may require the project to be resubmitted for further consideration. PRIOR TO ISSUANCE OF BUILDING PERMITS:' 20. The developer shall receive written clearance from the following agency as determined by the City Engineer or his designee: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control district; City of Temecula Fire Bureau; Planning Department; Engineering Department; Riverside County Health Department; CATV Franchise; and Parks and Recreation Department. 21, The developer shall submit four (4) prints of a comprehensive grading plan to the Engineering Department. The plan shall comply with the Uniform Building Code and Chapter 70 as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 24"x36" mylar by a Registered Civil Engineer. S\STAFFRPT~138,PP 22. The developer shall submit four (4) copies of a soils report to the Engineering Department. The report shall address the soils stability and geological conditions of the site. 23. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already credited to this property, no new charge needs to be paid. PRIOR TO ISSUANCE OF BUILDING PERMIT: 24, A precise grading plan shall be submitted to the Engineering Department for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soil Engineer shall issue a Final Soils Report addressing compaction and site conditions. 25. Prior to issuance of a building permit, the developer shall deposit with the Engineering Department a cash sum as established per acre as mitigation for traffic signal impact. PRIOR TO ISSUANCE OF CERTIFICATION OF OCCUPANCY: 26. Corner property line cut off shall be required per Riverside County Standard No. 805. 27. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project, in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which Developer requests its building permits for the project or any phase thereof, the Developer shall execute the Agreement for Payment of Public Facility Fee, a copy of which has been provided to Developer. Developer understands that said agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. 28. Provide documentation that alley has been vacated. Building ~nd ~afe~ De.nRrtmP. nt For submittal of plans for Plan Review, the following information will be required: S\STAFFRPT~138, PP 14 29. Conditions No. 28(a) through (e) shall be submitted to the Building and Safety Department for plan review within 30 days of the approval date. (Amended per Planning commission February 4, 1991.) a. Provide fully dimensioned plans for Plan Review (2 sets). Provide engineered wet stamped plans for permanent foundation with consideration to Seismic Zone No. 4. c. Provide reflected ceiling plan. d. Provide Manufacturers Specification Manual. e. Provide site grade differentials for handicapped. 30. The applicant shall fill out an Application for Final Inspection, allow two weeks processing time to obtain all required clearances prior to final inspection. Riverside County Fire Department 31. The existing water mains and fire hydrants located along the property frontage will provide sufficient fire flow for the additional building. 32. The existing fire alarm system shall be updated to provide manual pull stations in each room with alarm bells located so as to be audible from any space within all buildings. Periodic fire alarms will be conducted with records maintained for fire department review. 33. Within 30 days of the approval date, the applicant shall have received clearance for the increased occupant load and certification of a fire safety inspection for the facility. (Amended per Planning Commission February 4, 1991.) S\STAFFRPT~138.PP