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HomeMy WebLinkAbout91-007 CC ResolutionRESOLUTION NO. 91-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLOT PLAN NO. 34 TO CONSTRUCT A 276,312.5 SQUARE FOOT OFFICE/RESTAURANT DEVELOPMENT ON A PARCEL CONTAINING 5.51 ACRES LOCATED ON RIDGE PARK DRIVE AND KNOWN AS ASSESSOR'S PARCEL NOS. 940- 310-033, 034 AND 037. WHEREAS, Preferred Equities filed Plot Plan No. 34 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 considered Plot Plan on December 17, 1990, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission heating, the Commission recommended approval of said Plot Plan; WHEREAS, the City Council conducted a public hearing pertaining to said Plot Plan on January 15, 1991, at which time interested persons had opportunity to testify either in support or opposition to said 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. 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 Resos 91-07 I 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 actions 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 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 masonable probability that Plot Plan No. 34 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 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 City Council, in approving the proposed Plot Plan, makes the Resos 91-07 2 following findings, to wit: a) There is a reasonable probability that Plot Plan No. 34 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 building height is consistent with the zoning ordinance; and Change of Zone Nos. 6 and 7 are recommended for approval. 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 and approval os such a building height within the I-P (Industrial Park) zone may be consistent with the goals and/or policies of the City's Future General Plan. c) The proposed use or action complies with State planning a zoning laws, due to the fact that the proposed project may be consistent with the City's future General Plan. d) 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, since the proposed building height of ninety-one (91') feet does not comply with Section 10.4(b) of the zoning ordinance, as amended. e) The project as designed and conditioned will not adversely affect the public health or welfare, due to the fact that the proposed project may be consistent with the City's future General Plan. f) The project is compatible with surrounding land uses. The harmony in scale, bulk and height creates an incompatible physical relationship with adjoining properties, due to the fact that the adjoining developments do not exceed two stories in height; and the subject property is located on a major topographic feature, within the City of Temecula, which is a very prominent hillside and is a visual feature from 1-15, which is a scenic corridor through the City. However, the project is consistent with the zoning ordinance. g) 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 height is consistent with the zoning ordinance. h) The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic. I) The project as designed and conditioned will not adversely affect the built or natural environment as determined in the expanded initial study performed for this project, due to the fact that the proposed project is compatible with the surrounding land uses. 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. Resos 91-07 3 E. As conditioned pursuant to SECTION 3, 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 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, therefore, is hereby granted. SECTION 3. Conditions. That the City of Temecula City Council hereby approves Plot Plan No. 34 to construct a 276,312.5 square foot office/restaurant development containing one (1) 7.872 square foot restaurant; one (1) four-story parking structure (134,933 square feet and 418 parking spaces); and a future building pad only for a proposed 7,000 square foot restaurant on a 5.51 acre site located on Ridge Park Drive and known as Assessor's Parcel Nos. 940-310- 033,034, and 037 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 15th day of January, 1991. Ronald J. Parks, Mayor ATTEST: [SEAL] Resos 91-07 4 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE)SS CITY OF TEMECULA) I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 15th day of January, 1991 by the following vote of the Council: AYES: 4 COUNCILMEMBERS Birdsall, Moore, Lindemans, Mufioz NOES: 0 COUNCILMEMBERS 0 ABSENT: 0 COUNCILMEMBERS 0 ABSTAINED: 1 COUNCILMEMBERS Parks J e~~k, Deputy City C~-~ Resos 91-07 5 CITY OF TEMECULA CONDITIONS OF APPROVAL Plot Plan No: 34 Project Description: 276,312.5 Square Foot Office/R estaurant Development Assessor's Parcel Nos.: 940-310-033, 034, and 037 Planninq Department The use hereby permitted by this plot plan is for the development of a 276,312.5 square foot office/restaurant development containing one t 1 ) seven (7) story office building (102,243.5 square feet and 91 feet high); one ll) 7,872 square foot restaurant; one ~1) four 14) story parking structure (134,933 square feet); and a future building pad only for a proposed 7,000 square foot restaurant on a 5.51 acre site. 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. 34. 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 12) 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 January 15, 1993. The development of the premises shall conform substantially with that as shown on Plot Plan No. 34 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 Department's Conditions of Approval which are included herein. STAFF R PT\PP34 18 10. 11. Prior to the issuance of grading or building permits, three 13) 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 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 571 parking spaces shall be provided in accordance with Section 18.12, Riverside County Ordinance No. 348. 571 parking spaces shall be provided as shown on the Approved Exhibit B. The parking area shall be surfaced with asphaltic concrete paving to a minimum depth of 3 inches on 4 inches of Class II base. A minimum of 8 handicapped parking spaces shall be provided as shown on Exhibit B. 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 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 " 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 School District Riverside County Flood Control Fire Department. STAFFRPT\PP34 19 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 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 C. Materials used in the construction of all buildings shall be in substantial conformance with that shown on Exhibit C I Color Elevations) and Exhibit D (Materials Board), with the exception of the green monolithic glazing (Item "B") which shall be non-reflective. Roof-mounted equipment for the two (2) proposed restaurants shall be shielded from ground view. Screening material shall be subject to Planning Department approval. No roof-mounted equipment shall be permitted for the proposed seven story office building and four story parking structure within the project site. 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. This project is located within the vicinity of a subsidence zone. Prior to issuance of any building permit by the Department of Building and Safety, a letter of clearance from the Riverside County Geologist shall be submitted or a California Licensed Soils Engineer or Geologist shall submit a report to the Building and Safety Department identifying the potential for subsidence. Where hazard of subsidence is determined to exist, appropriate mitigation measures must be demonstrated. If determined to be within the Habitat Conservation Plan Study Area, 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. 23 Class I bicycle racks shall be provided in convenient locations as approved by the Planning Director to facilitate bicycle access to the project area. STAFFRPT\PP34 20 23. 25. 26. 27. 28. 29. 30. 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, 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 the sale of any structure as shown on Exhibit D. a land division shall be recorded in accordance with Riverside County Ordinance No. 460 and any other pertinent ordinance, Prior to the issuance of grading permits and/or building permit, the developer or his successor's interest shall submit a mitigation monitoring program which shall describe how compliance with required mitigation measures will be met and the appropriate monitoring timing of the mitigation. The applicant shall reimburse the City for all monitoring activity cost. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. The developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the developer shall at least 120 days prior to submittal for building permit, enter into an agreement to complete the improvements pursuant to Government Code Section 66462 at such time as the City acquires the property interests required for the improvements. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the project. Security for a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. Prior to the issuance of building permits. a certificate of Parcel Merger or Lot Line Adjustment shall be approved by the Engineering Department. Riverside County Fire Department 31. 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. STAFFRPT\PP34 21 32, 33. 35, 36. 37. 38. 39. ~0. 41. 42, 43. 44. Provide or show there exists a water system capable of delivering 2000 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. A combination of on-site and off-site super fire hydrants ( 6"xq"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. 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, Install a complete fire sprinkler system in all buildings requiring a fire flow of 1500 GPM or greater, 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, Install a supervised waterflow monitoring fire alarm system. Plans must be submitted to the Fire Department for approval prior to installation, as required by the Uniform Building Code. A statement that the building will be automatically fire sprinklered must appear on the title page of the building plans, Install panic hardware and exit signs as per Chapter 33 of the Uniform Building Code. Low-level exit signs, where exit signs are required by Section 3314(a). Certain designated areas will be required to be maintained as fire lanes. Install portable fire extinguishers with a minimum rating of 2A-10BC. Contact a certified extinguisher company for proper placement of equipment, Prior to 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. Prior to the issuance of building permits. the developer shall deposit with the Riverside County Fire Department. 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 separately from the plan check review fee. Building "C" must meet highrise life safety requirements per Riverside County Ordinance 546, Section 801, parking garage install Class I I I standpipe system. Final conditions will be addressed when building plans are reviewed in the Building and Safety Office. STAFFRPT\PP34 22 En.clineerinq 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: 45. 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 CATV Franchise. 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. 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. 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. 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. 50. The developer shall provide clearance from all applicable agencies and pay all fees prior to the approval of plans. 51. All work done within the City right-of-way shall have an encroachment permit. 52. 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. STAFFRPT\PP34 23 53, A drainage study shall be submitted to and approved by the City Engineer. All drainage facilities shall be installed as required by the City Engineer, 54. All concentrated drainage directed toward the public street shall be diverted through the undersidewalk drains. 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 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, 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. PRIOR TO ISSUANCE OF CERTIFICATION OF OCCUPANCY: 57. Street lights shall be provided along streets adjoining the subject site in accordance with the standards of Ordinance No. 461 and as approved by the City Engineer. 58. 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 l assuming benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. Transportation Enqineerinq PRIOR TO ISSUANCE OF BUILDING PERMITS: 59. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the City Engineer for the intersection of Rancho California Road and Ridge Park Drive, 60. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the City Engineer for the intersection of Rancho California Road and Ridge Park Drive. Based on the Traffic Study, these plans shall be designed to provide for 300' of left turn storage capacity on westbound Rancho California Road to southbound Ridge Park Drive. STAFFRPT\PP34 24 61. The developer shall contribute 46 percentage for the construction costs of the signal at Rancho California Road and Ridge Park Drive. 62, The developer may enter into a reimbursement agreement with the City for the remaining percentage of the construction costs, above his pro rate share, for the signal at Rancho California Road and Ridge Park Drive. 63. Credit shall be given toward the developer's signal mitigation fees for the design and construction of the signal at Ridge Park Drive and Rancho California Road. 64. Plans for traffic signal interconnect shall be designed by a registered Civil Engineer and approved by the City Engineer along Rancho California Road from Diaz Road to Ridge Park Drive. 65. Prior to designing any of the above plans. contact Transportation Engineering for the design requirements, PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 66, All signing and striping shall be installed per the approved signing and striping plan. 67. The traffic signal at Rancho California Road and Ridge Park Drive shall be installed and operational per the special provisions, and the approved traffic signal plan, 68. All traffic signal interconnects shall be installed per the approved plan. STAFFRPT\PP34 25