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HomeMy WebLinkAbout91_082 PC ResolutionRESOLUTION NO. 91-082 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLOT PLAN NO. 233 TO CONSTRUCT A 3558 SQUARE FOOT RESTAURANT (BUILDING PAD "K") ON A PAD CONTAINING .97 ACRES LOCATED ON THE NORTHWEST CORNER OF RANCHO CALIFORNIA ROAD AND MARGARITA ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 921-250-018. WHEREAS, Bernard Karcher/BKL, Inc., filed Plot Plan No. 233 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 August 19, 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; 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: ~ .1.. Findings. 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. STAFFRPT~?.33A,PP 7 (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, pu~:suant to this title, each of the following: a) There is reasonable probability that Plot Plan No. 233 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. STAFFRPT~?.33A.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. 233 will be consistent with the City's futura 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 Commercial. b) There is not a likely probabiiity 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 STAFFRPT~233A,PP 9 c) d) e) f) g) 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. h) 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 Environmental STAFFRPT~233A. PP lO Assessment No. 33126 performed for Plot Plan No. 10739 and No. 1. 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 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. ~ECTIC)N 2. Environmental Compliane~.. An Environmental Assessment (No. 33126) prepared for Plot Plan No. 18 10739 AMD No. 1 indicated 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 Riverside Board of Supervisors. Plot Plan No. 233 will not result in additional impacts to the environment; therefore, the project is exempt from CEQA under Section 15061 (b)(3). ~ 3~ Conditi~n.~. That the City of Temecula Planning Commission hereby approves Plot Plan No. 233 to construct a 3558 square foot restaurant (Building Pad "K") located on the northwest corner of Rancho California Road and Margarita Road and known as Assessor's Parcel No. 921-250-018 subject to the following conditions: A. Exhibit II, attached hereto. STAFFRP~2.33A.PP 11 ~CTION 4. PASSED, APPROVED AND ADOPTED this 19th day of August 1991 GA~Y THORNHtLL PLANNING DIRECTOR 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 19th day of August, 1991 by the following vote of the Commission: AYES: 4 NOES: 0 ABSENT: 1 PLANNING COMMISSIONERS Blair, Chiniaeff, Ford, and Chairman Hoagland PLANNING COMMISSIONERS None PLANNING COMMISSIONERS Fahey STAFFRPT~233A. PP 12 ATTACHMENTII CITY OF TEMECULA CONDITIONS OF APPROVAL Plot Plan No: 233 Project Description: Censtructi{3n of a fast food restaurant on approximately .97 acres. Assessor's Parcel No.: The use hereby permitted by this plot plan is for the construction of a fast food restaurant on approximately .97 acres located in the Palomar Village situated on the nodhwest corner of Rancho California Road and Margarita Road. The permittee shall defend, indemnify, and hold harmless the city of Temecula, its agents, officem, 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. 233. 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 August 19, 1993. The development of the premises shall conform substantially with that as shown on Plot Plan No. 233 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. STAFFRP'P~233A. PP 13 10. 11. The applicant shall comply with the Engineering Department's Conditions of Approval which are included herein. Water and sewerage disposal facilities shall be installed in accordance with the previsions set forth in the Riverside County Health Department's transmittal dated June 13, 1991, a copy of which is attached. Fire protection shall be provided in accordance with the appropriate section of Ordinance No. 546 and the County Fire Department's transmittal dated June 5, 1991, a copy of which is attached. 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 for approval. The landscaping plans shall include eucalyptus trees along the north and east elevation of the subject building inorder to enhance landscaping and to give character. 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. 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. A minimum of one (1) handicapped parking space shall be provided as shown on Exhibit A. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of pomelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height if 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following; "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at owner's expense. Towed vehicles may be reclaimed at or by telephone " STAFFRPT~233A.PP 14 12. 13. 14. 15. 16. 17. 18. 19. 20. In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 square feet in size. 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 Rancho Water District School District Riverside County Flood Control Fire Department Eastern Municipal Water District Building elevations shall be in substantial conformance with that shown on Exhibit E and F. An Administrative Plot Plan application for signage shall be submitted separately to the Planning Department for review and approval prior to occupancy. 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. All 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 appropriate fee set forth in that Ordinance. 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. 6 Class III bicycle racks shall be provided in convenient locations as approved by the Planning Director to facilitate bicycle access to the project area. 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 Building and Safety. STAFFRPT~233A. PP 15 21. 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. 22. All utilities, except electrical lines rated 33ky or greater, shall be installed underground. 23. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 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 GRADING PERMITS: 24. 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; Riverside County Flood Control district; City of Temecula Fire Bureau; Planning Department; Engineering Department; Riverside County Health Department; and Parks and Recreation Department. 25. All site plans, grading plans, landscape and irrigation plans, and street improvement plans shall be coordinated for consistency with approved plans. 26. Prior to any work being performed on the private drives, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office. 27. 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 STAFFRP~2.33A.PP 16 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. 28. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. PRIOR TO ISSUANCE OF BUILDING PERMIT: 29. 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. 30. 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. 31. The developer shall provide evidence that an easement for ingress and egress over the adjacent property does exist. 32. 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. The fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which 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. Concurrently, with executing this Agreement, developer shall post a bond to secure payment of the Public Facility fee. The amount of the bond shall be $2.00 per square foot, not to exceed $10,000. 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). By execution of this Agreement, developer will waive any right to pretest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; l;;m3.v. Jde~ that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. PRIOR TO ISSUANCE OF CERTIFICATION OF OCCUPANCY: 33. A minimum flowline on all paved areas shall be 0.50 percent. STAFFRP~233A. PP 17 County of Riverside I~EPARTMENT OF HEALTH A~: Richard Ayil~ F~OM: nmental Health Specialist IV 06-13-91 Bt: PLOT PLAN NO. 233 The Environmental Health Services has reviewed Plot Plan No. 233 and has no ob3ectiohs. Sanitary sewer and valet services should be available in this area. Prior to any building plan ~eview got Health clearance, the following iLems are required: 1. "Will~serve" letters from the appropriate water and severing agencies. Three complete sets of plans for each food establishment viii 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) See-S1?2. SM:dr RIVERSIDE COUNTY ,.,,. FIRE DEPARTMENT 210 WEST SAN JACINTO AVENUE PERRIS. CALIFORNIA 92370 (714) 657-3183 GLEN J, NEWMAN FIRE CHIEF Oune 5~'1991 TO: CITY OF TE}tECULA ATTN: PLANNING DEPT RE: PLOT pLAN 233 ~ith respect to the conditions of approval regarding the above referenced plot plan, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/er recognized fire protection standards: The Fire Department is required to set a minimum fire flow for the remodel or construction of all co~ercisl buildings using the procedure established in Ordinance 546. 2. The existing on-site water system, with appropriately spaced fire hydrants, will provide adequate fire flow for the proposed building. 3. Install panic hardware, high and floor level, exit signs as per Chapter 33 of the Unifo~ Building Code. Install portable fire extinguishers with a minimum rating of 2A-LOBC. Contact a certified extinguisher company for proper placement of equipment. Install a hood duct fire extinguishing system. Contact a certified fire protec~ion company for proper placement. Plane must be approved by the Fire Department prior to installation. Prior to the issuance of buildin8 per~ics, the developer shall deposit, with the City of Temecula, a check or money order equaling the su~ of 2~¢ per square foot as mitigation for fire protection impacts. This amount must be submitted separately from the plan check review fees. ?. Final conditions will be addressed when building plans are reviewed in the Building and Safety Office. PLANNING DIVISION r-J TrddECULA OFLqCE 41002 Coun~ C~ntc~ nrl w., Suhc 125, Temc~ula, CA (714) 694-S070 · FAX (?14) 6945076 PLOT PLAN 233 PAGE 2 All questions regarding the meaning of conditions shall be referred to the Planning and Engineering staff. RAYMOND H. REGIS Chief Fire Department Planner By Mlcheal E. Gray, Fire Captain Specialist MEG/tm