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HomeMy WebLinkAbout90-101 CC ResolutionRESOLUTION NO. 90-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLOT PLAN NO. 11345 TO PERMIT CONSTRUCTION OF 1,800 SQUARE FEET OF COMMERCIAL RETAIL SHOPS, SOUTH SIDE OF MAIN STREET, APPROXIMATELY 200 FEET WEST OF FRONT STREET ("THE EMPORIUM"). WHEREAS, Mr. Henry D. Testasecca filed Plot Plan No. 11345 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; WItEREAS, the Riverside County Planning Director considered said Plot Plan on April 23, 1990, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Director's hearing, the Director recommended approval of said Plot Plan; WHEREAS, September 25, 1990, or opposition to said the City Council conducted a public heating pertaining to said Plot Plan on at which time interested persons had opportunity to testify either in support Plot Plan; and WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding the Plot Plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findings. That the Temecula City Council 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. Resos 90-101 I (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. Co) 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 meets 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 City Council 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. 11345 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. Co) 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. Pursuant to Section 18.30(c), no plot plan may be approved unless the following findings can be made: (1) The proposed use must conform to all the General Plan requirements and with all applicable requirements of state law and City ordinances. (2) 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 Rems 90-101 2 compatible with the present and future logical development of the surrounding property. 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. An Initial Study prepared for this project indicates that the proposed project will not have significant impact on the environment, and a Negative Declaration, therefore, is hereby granted. Section 3. Conditions. That the City of Temecula City Council hereby approves Plot Plan No. 11345 for the operation and construction of commercial retail shops located on the south side of Main Street, approximately 200 feet west of Front Street subject to the following conditions: A. Exhibit A, attached hereto. Section 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED, this 25th day of September, 1990. ATTEST: Ronald J. Parks, Mayor Deputy City~ Re~o~ 90-101 3 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, Deputy City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 90-101 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 25th day of September, 1990, by the following roll call vote. AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Mufioz, Moore, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ek, Deputy-~-~-y~Clerk Resos 90-101 4 William Perry 28636 Front St. Temecula, CA 92390 RIVERSIDE COUNTY PLANNING DEPARTMENT CONDITIONS OF APPROVAL PLOT PLAN NO. 11345, Amended No. 2 Project Description: Existing furniture store and an 1800 square foot addition Assessor's Parcel No.: 922-045-019 District/Area: Temecula The use hereby permitted by this plot plan is for an existing furniture store and an 1800 square foot addition. The permittee shall defend, indemnify, and hold harmless the County of Riverside, its agents, officers, and employees from any claims, action, or proceeding against the County of Riverside or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the County of Riverside, its advisory agencies, appeal boards, or legislative body concerning PLOT PLAN NO. 11345, Amended No. 2. The County of Riverside will promptly notify the permittee of any such claim, action, or proceeding against the County of Riverside and will cooperate fully in the defense. If the County 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 County of Riverside. This approval shall be used within two (2) years of approval date; otherwise it shall become null and void and of no effect whatsoever. 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. The development of the premises shall conform substantially with that as shown on plot plan marked Exhibit A, Amended No. 2, or as amended by these conditions. In the event the use hereby permitted ceases operation for a period of one (1) year or more, this approval shall become null and void. 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 street improvement recommendations outlined in the County Road Department's transmittal dated 12-04-89, a copy of which is attached. Water and sewerage disposal facilities shall be installed in accordance with the provisions set forth in the Riverside County Health Department's transmittal dated 02-27-90, a copy of which is attached. PLOT PLAN NO. 11345, Amended No. 2 Conditions of Approval Page 2 10. 11. 12. 13. 14. 15. 16. 17. Flood protection shall be provided in accordance with the Riverside County Flood Control District's transmittal dated 01-24-90, 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 Warden's transmittal dated 11-03-89, a copy of which is attached. The applicant shall comply with the recommendations set forth in the Department of Building and Safety - Land Use Section's transmittal dated 12-20-90, a copy of which is attached. The applicant shall comply with the recommendations set forth in the Department of Building and Safety - Grading Section's transmittal dated 12-14-89, a copy of which is attached. The applicant shall comply with the recommendations set forth in the Riverside County Geologist's transmittal dated 04-17-90, a copy of which is attached. 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, six (6) copies of a Parking, Landscaping, Irrigation, and Shading Plans shall be submitted to the Planning Department for 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 a filing fee as set forth in Section 18.37 of Ordinance No. 348. The irrigation plan shall be in accordance with Ordinance No. 348, section 18.12 and include a rain shut-off device. In addition, the plan will incorporate the use of in-line check valves, or sprinkler heads with incorporated check valves to prohibit low head drainage. A minimum of TEN (10) parking spaces shall be required in accordance with Section 18.12, Riverside County Ordinance No. 348. TEN (10) parking spaces shall be provided as shown on the Approved Exhibit A. The parking area shall be surfaced with asphaltic concrete paving to a minimum depth of 3 inches on 4 inches of Class II base. PLOT PLAN NO. 11345, Amended No. 2 Conditions of Approval Page 3 18. 19. 20. 21. A minimum of ONE (1) handicapped parking spaces 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 porcelain 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 of 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, 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 telephoning ." 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: Road Department Riverside County Flood Control Environmental Health Fire Department Building & Safety - Grading Written evidence of compliance shall be presented to the Land Use Division of the Department of Building and Safety. If additional signage is proposed other than that which is pre - existing to this approval, a separate plot plan accompanied by the appropriate fees as set forth in Ordinance No. 348 shall be submitted and approved by the Planning Department prior to sign installation. Materials used in the construction of all buildings shall be in substantial conformance with that shown on Exhibit M-1 (Materials Board) and Exhibit M-2 (Color Elevations). 22. Roof-mounted equipment shall be shielded from ground view. material shall be subject to Planning Department approval. Screening PLOT PLAN NO. 11345, Amended No. 2 Conditions of Approval Page 4. 23. 24. 25. 26. 27. 28. 29. 30. 31. Prior to the final building inspection approval by the Building and Safety Department, a six foot high solid wood fence shall be constructed along the east, south, and west property lines. The required fence shall be subject to the approval of the Director of the Department of Building and Safety. A total of ONE (1) trash enclosure which is adequate to enclose a total of ONE (1) bin shall be located within the project, and shall be constructed prior to the issuance of occupancy permits. The enclosure shall be six feet in height and shall be made with masonry block and a gate which screens the bin from external view. Landscape screening shall be designed to be opaque up to a minimum height of six (6) feet at maturity. Landscaping plans shall incorporate the use of specimen canopy trees along streets and within the parking areas. 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. 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 and the Riverside County Comprehensive General Plan. This project is located within a Subsidence Report Zone. Prior to issuance of any building permit by the Riverside County Department of Building and Safety, a geotechnical report shall be submitted for review and approval. This report shall be based upon, but not be limited to, the site specific seismic, geologic and geotechnical conditions incorporating an analysis of potential for subsidence or ground fissuring. Where hazard of subsidence or fissure development is determined to exist, appropriate mitigation measures must be demonstrated. Prior to the issuance of grading permits, the applicant shall comply with the provisions of Ordinance No. 663 by paying the fee required by that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required under the Habitat Conservation Plan as implemented by County ordinance or resolution. A total of FOUR (4) Class II bicycle racks shall be provided in convenient locations to facilitate bicycle access to the project area. PLOT PLAN NO. 11345, Amended No. 2 Conditions of Approval Page 5 32. 33. 34. 35. 36. Prior to 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. 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. All utilities, except electrical lines rated 33kV or greater, shall be installed underground. Prior to any use allowed by this plot plan, the applicant shall obtain clearance from the Department of Building and Safety - Land Use Section that the uses found on the subject property are in conformance with Ordinance No. 348. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. JA:jsa 03-07-90 MEMORANDUM TO: FROM: DATE: SUBJECT: City C~uncil/City Manager Engineering Department September 18. 1990 Additional Conditions of Approval for Plot Plan No. 11345 ADD THE FOLLOWING CONDITION: Prior to Occupancy: 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 EIRJNegative 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 l assuming benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. JM:ks STAFFRPT\PPl1345