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HomeMy WebLinkAbout91_030 PC ResolutionRESOLUTION NO. 91-030 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLOT PLAN NO. 228 TO CONSTRUCT A 7,203 SQUARE FOOT RESTAURANT (BUILDING PAD "A") ON A PARCEL CONTAINING 5.1 ACRES LOCATED ON THE NORTHWEST CORNER OF RANCHO CALIFORNIA ROAD AND LYNDIE LANE AND KNOWN AS ASSESSOR'S PARCEL NO. 921-310-011. WHEREAS, El Torito Restaurants, Inc., filed Plot Plan No. 228 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 April 15, 1991, at which time interested pemons 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; WHEREAS, at the conclusion of the Commission Hearing, the Commission approved said Plot Plan; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF. TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTIC)N 'L Findin0s. 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. S~STAFFRPT~228,PP (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: (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. 228 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. S~STAFFRPT~28.PP 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 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, makes the following findings, to wit: a) There is a reasonable probability that Plot Plan No. 228 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 proposed restaurant is consistent with the existing zoning and the SWAP Land Use Designation of Commemial. 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 proposed restaurant is consistent with the existing zoning, the SWAP Land Use Designation of Commercial, and the permitted S~STAFFRPT~228. PP 9 c) d) e) f) g) h) uses of the surrounding area. The proposed use or action complies with State planning and zoning laws, due to the fact that the proposed use complies with Ordinance No. 348. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuration, circulation patterns, access, and intensity of use, due to the fact that the proposed restaurant complies with the standards of Ordinance No. 348. The project as designed and conditioned will not adversely affect the public health or welfare, due to the fact that the Conditions of Approval include mitigation measures. 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 proposed restaurant is consistent with Ordinance No. 348. 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 use is compatible with the surrounding land uses. The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic, due to the fact that the Conditions of Approval include appropriate mitigation measures. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the expanded initial study S~STAFFRPT~22.8. PP lO performed for Pict Plan No. 18. J) 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. k) That said findings are supported by minutes, maps, exhibits and environmental documents associated with these applications and herein incorporated by reference. E. As conditioned pursuant to SECTION 3, the Pict 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 Complianc~, An Initial Study prepared for Pict Plan No. 18 indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Conditions of Approval have been added to the project, and a Negative Declaration was . adopted by the Planning Commission on November 19, 1990. Pict Plan No. 228 will not result in additional impacts to the environment, therefore, the project is exempt from CEQA under Section 15061 (b)(3). Conditions. That the City of Temecula Planning Commission hereby approves Pict Plan No. 228 to construct a 7,203 square foot restaurant(Building Pad "A") located on the northwest corner of Rancho California Road and Lyndie Lane and known as Assessor's Parcel No. 921-310-011 subject to the following conditions: A. Exhibit A, attached hereto. S\STAFFRPT~228.PP 11 PASSED, APPROVED AND ADOPTED this 15th day of April 1991. 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 15th day of April 1991 by the following vote of the Commission: AYES: NOES: ABSENT: 4 PLANNING COMMISSIONERS Blair, Fahey, Ford, and Chiniaeff 0 PLANNING COMMISSIONERS None 1 PLANNING COMMISSIONERS Hoagland S~STAFFRPT~228.PP 12 CITY OF TEMECULA CONDITIONS OF APPROVAL Plot Plan No: 228 Project Description: 7:203 square foot restaurant Assessor's Parcel No.: The use hereby permitted by this plot plan is for the development of a 7,203 square foot restaurant (Building Pad "A") within a 5.1 acre site known as Plot Plan No. 18, Revision No. 1. 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 Plot Plan No. 228. 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 April 15, 1993. The development of the premises shall conform substantially with that as shown on Plot Plan No. 228 marked Exhibit A, 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 Depar/ment's Conditions of Approval which are included herein. Prior to the issuance of grading or building permits, 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. Plans shall meet all requirements of Ordinance No. 348, Section 18.12, and shall be accompanied by the appropriate filing fee. S~STAFFRPT~228. PP 10. 11. 12. 13. 14. 15. 16. 17. 18. All landscaped areas shall be planted in accordance with approved landscape, irrigation, and shading plans prior to the issuance of occupancy permits. 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. Prior to the issuance of building permits, the following additional plans shall be submitted for Planning Department approval: Landscaping, Irrigation, and Shading Plans. A Plot Plan application for a Sign Program shall be submitted and approved by the Planning Director prior to occupancy. Building elevations shall be in substantial conformance with that shown on Exhibit B. Materials used in the construction of all buildings shall be in substantial conformance with that shown on Exhibit B (Color Elevations) and Exhibit E (Materials Board). Roof-mounted equipment shall be shielded from ground view. Screening material shall be subject to Planning Department approval. All trash enclosures shall be constructed prior to the issuance of occupancy permits. Each enclosure shall be six feet in height and shall be made with masonry block and a steel gate which screens the bins from external view. Landscaping plans shall incorporate the use of specimen canopy trees along streets and within the parking areas. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of Riverside County Ordinance No. 655. Unless previously paid, prior to the issuance of grading permits, the applicant shall comply with Ordinance No. 663 by paying the fee required by that ordinance which is based on the gross acreage of the parcels proposed for development. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fees required by Ordinance No. 663, the applicant shall pay the fee required under the Habitat Conservation Plan as implemented by County ordinance or resolution. Prior to the issuance of building permits, performance securities, in amounts to be determined by the Director of Building and Safety to guarantee the installation of plantings, walls, and fences in accordance with the approved plan, and adequate maintenance of the Planting for one year, shall be filed with the Department of S\STAFFRPT~228.PP Building and Safety. 19, Prior to the issuance of occupancy permits, all required landscape planting and irrigation shall have been installed and be in a condition acceptable to the Director of Building and Safety. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 20. Prior to occupancy or any use allowed by this permit, this approval shall comply with all conditions of Plot Plan No. 18, Revision No. 1. 21. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Riverside County. Fire DepartmP. nt 22. The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings using the procedure established in Ordinance 546. 23. Provide or show there exists a water system capable of delivering 2250 GPM for a 2 hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. 24. A combination of on-site and off-site super fire hydrants, on a looped system (6"x4"x2 1/2x2 1/2), will be located not less than 25 feet or more than 165 feet from any portion of the building as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. 25. The required fire flow may be adjusted at a later point in the permit process to reflect changes in design, construction type, area separation or built-in fire protection measures. 26. Applicant/developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and, the system shall meet the fire flow requirements. Plans shall be signed/approved by a registered civil engineer and the local water company with the following certification: "1 certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 27. Install a complete restaurant fire sprinkler system in all building(s). The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from the building(s). A statement that the building(s) will be automatically fire sprinklered must be included on the title page of the building plans. S~STAFFR PT~225.PP 3 28. Install a supervised waterflow monitoring fire alarm system. Plans must be submitted to the Fire Department for approval prior to installation, as per UBC. 29. A statement that the building will be automatically fire sprinklered must appear on the title page of the building plans. 30. Install panic hardware and exit signs as per Chapter 33 of the Uniform Building Code. 31. Certain designated areas will be required to be maintained as fire lanes. 32. Install portable fire extinguishers with a minimum rating of 2A-10BC. Contact a certified extinguisher company for proper placement of equipment. 33. Install a hood duct fire extinguishing system. Contact a certified fire protection company for proper placement. Plans must be approved by the Fire Department prior to installation. 34. Prior to the issuance of building permits, the applicant/developer shall be responsible to submit a check or money order in the amount of $558.00 to the Riverside County Fire Department for plan check fees. 35. Prior to the issuance of building permits, the developer shall deposit, with the City of Temecula, a check or money order equaling the sum of 25 cents per square foot as mitigation for fire protection impacts. This amount must be submitted ~ from the plan check review fees. 36. Final conditions will be addressed when building plans are reviewed in the Building and Safety Office. Riverside County Department of Health Prior to any building plan submittals, the following items will be required: 37. "Will-serve" letters from the appropriate water and sewering agencies. 38. Three complete sets of plans for each food establishment will be submitted, including a fixture schedule, a finish schedule, and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law. For specific reference, please contact Food Facility Plan examiners at (714) 358-5172. 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. S\STAFFRPT~?.28.PP 4 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 GRADING PERMITS: 39. As deemed necessary by the City Engineer or his representative, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; City of Temecula Fire Bureau; Planning Department; Engineering Department; Riverside County Health Department; CATV Franchise; and Parks and Recreation Department. 40. The developer shall submit two (2) 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"x 36" mylar by a Registered Civil Engineer. 41. The developer shall submit two (2) copies of a soils report to the Engineering Department. The report shall address the soils stability and geological conditions of the site. 42. A grading permit shall be obtained from the Engineering Department prior to commencement of any grading outside of the City-maintained road right-of-way. 43. No grading shall take place prior to the improvement plans for Plot Plan No. 18 being substantially complete, appropriate clearance letters and approval by the City Engineer. 44. If grading is to take place between the months of October and April, erosion control plans will be required. Erosion control plans and notes shall be submitted and approved by the Engineering Department. 45. All site plans, grading plans, landscape and irrigation plans, and street improvement plans shall be coordinated for consistency with approved plans. 46. Prior to any work being performed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the City Engineer's Office. 47. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. S\STAFFRPT~.28,PP 48. 49. 50. 51. 52. 53. 54. If construction for street, on-site parking, grading and drainage improvements for Plot Plan No. 18 has not begun, the subdivider shall construct or post security and an agreement shall be executed guaranteeing the construction of the following public improvements in conformance with applicable City standards. Street improvements, including, but not limited to: pavement, curb and gutter, medians, sidewalks, drive approaches, street lights, signing, striping, traffic signal systems, and other traffic control devices as appropriate. b. Storm drain facilities. c. Landscaping (street and parks). d. Sewer and domestic water systems. e. Undergrounding of existing and proposed utility distribution lines. 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. A detailed drainage study will be required to be submitted to and approved by the City Engineer. All drainage facilities shall be installed as required by the City Engineer. This study shall be prepared by a registered Civil Engineer and shall include existing, interim, and proposed conditions, including hydrology and hydraulic calculations. The drainage study shall also address the capacity of existing downstream systems within Parcel Map No. 23687, and a secondary overland drainage escape route. As determined from the drainage study, the developer shall construct or enlarge off-site drainage facilities to mitigate any increase or diversion of existing flows from the project site into adjacent downstream properties. Adequate drainage easements shall be secured if needed. Mitigation shall be as directed by the City Engineer. A drainage channel and/or flood protection wall will be required along the northwesterly property line to protect downstream properties by diverting sheet runoff to Lyndie Lane, or to a storm drain. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. All concentrated drainage directed toward the public street shall be diverted through the undersidewalk drains. S~STAFFRPT~28.PP PRIOR TO ISSUANCE OF BUILDING PERMIT: 55. A precise grading plan shall be submitted to the Engineering Department for review and approval. The building pad shall be cedified by a registered Civil Engineer for location and elevation, and the Soil Engineer shall issue a Final Soils Report addressing compaction and site conditions. 56. 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. 57. Prior to building permit, the subdivider shall notify the City's C.A.T.V. Franchises of the intent to develop. Conduit shall be installed to C.A.T.V. Standards prior to issuance of Cedificates of Occupancy. PRIOR TO ISSUANCE OF CERTIFICATION OF OCCUPANCY: 58. In the event that the improvements per the Margarita Villages Benefit District have not been initiated, the developer shall construct half-width street improvements for Rancho California Road including but not limited to curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights on the public street. 59. 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. Tra nR.nc~datic~n Fn0ineerin_o PRIOR TO ISSUANCE OF BUILDING PERMITS: 60. A signing and striping plan shall be designed by a registered Traffic Engineer and approved by the City Engineer for Rancho California Road with transitions, and shall be included in the street improvement plans. 61. Plans for a traffic signal shall be designed by a registered Traffic Engineer and approved by the City Engineer for the intersection of Rancho California Road and Lyndie Lane and shall be included in the street improvement plans with the second plan check submittal. S\STAFFR P't~2.28.P P 7 62. Plans for traffic signal interconnect shall be designed by a registered Civil Engineer and approved by the City Engineer and shown on the street improvement plans along Rancho California Road from Lyndie Lane east to Moraga Road. 63. Prior to designing any of the above plans, contact Transportation Engineenng for the design requirements. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 64. All signing and striping shall be installed per the City requirements and the approved signing and striping plan. 65. The traffic signal at Rancho California Road and Lyndie Lane shall be installed and operational per the City requirements, special provisions, and the approved traffic signal plan. 66. All traffic signal interconnects shall be installed per the City requirements and the approved plan. 67. The developer shall be responsible for constructing the raised median on Rancho California Road from Via Las Colinas east to Lyndie Lane. 68. No median break for the main driveway on Rancho California Road shall be provided. 69. The developer shall design and construct the signal at the intersection of Rancho California Road and Lyndie Lane and may enter into a reimbursement agreement with the City for a percentage of the total cost of this signal, as determined by the City Engineer, from the future development of the 6.12 acre parcel to the south of this intersection which may utilize this signal for access as specified in the addendum to the Traffic Study dated October 9, 1990 prepared by Robert Kahn, John Kain and Associates. S~STAFFRPT'~2.28. PP 8