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HomeMy WebLinkAbout94-068 CC ResolutionRESOLUTION NO. 94-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TI~VIECULA APPROVING PLANNING APPLICATION NO. PA94-0019- APPEAL, REVERSING THE DECISION OF THE PLANNING COMMI~qSION TO DENY THE CONSTRUCTION OF A 10,200 SQUARE FOOT RESTAURANT ON A PARCEL CONTAINING 1.9 ACRES LOCATED ON THE NORTHWESTERLY CORNER OF YNEZ ROAD AND RANCHO CALIFORNIA ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 921- 270-047 WHEREAS, Troy McClellan, on behalf of ARG, Inc., filed Planning Application No. PA94-0019 in accordance with the City of Temecula General Plan and Riverside County Land Use and Subdivision Ordinances, which the City has adopted by reference; WIIERE~, Planning Application No. PA94-0019 was processed in the time and manner prescribed by State and local law; WI:!lq~EAS, the Planning Commission considered Planning Application No. PA94-0019 on June 6, 1994, at a duly noticed public bearing as prescribed by law, at which time interested persons had an opportunity to testify either in support or in opposition; WHEREAS, at the public hearing, upon hearing and considering all testimony and arguments, if any, of all persons deserving to be heard, the Commission considered all facts relating to Planning Application No. PA94-0019; WHEREAS, at the conclusion of said hearing, the Commission denied Planning Application No. PA 94-0019; WHEREAS, the City Council considered the appeal of Planning Application No. PA94- 0019 on June 28, 1994, at a duly noticed public hearing as prescribed by law, at which time interested persons had an opportunity to testify either in support or in opposition; WHEREAS, at the public hearing, upon hearing and considering all testimony and arguments, if any, of all persons deserving to be heard, the Council considered all facts relating to Planning Application No. PA94-0019; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: 94-68 1 Section 1. That the above recitations are true and correct. Section 2. Findings. The City Council, in approving Planning Application No. PA94- 0019 makes the following findings: A. 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 compatible with the present and future logical development of the surrounding property. B. The City Council, in approving proposed Planning Application No. PA94-0019, makes the following specific findings, to wit: 1. PA94-0019, Plot Plan is consistent with the City's General Plan due to the fact that the restaurant use is consistent with the General Plan Land Use designation of Highway Tourist Commercial. 2. The proposed project is consistent with Ordinance No. 348 since it meets all the requirements of Ordinance No. 348. 3. The project as designed and conditioned will not adversely affect the public health or general welfare of the community due to the fact that the project meets the criteria prescribed under Ordinance No. 348, Sections 9.1 and 18.30. 4. The proposal will not have an adverse effect on surrounding property, because the use does not represent a significant change to the present or planned land use of the area and the use is similar to the surrounding commercial uses. 5. 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 and the action complies with State Planning Laws. 6. 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 development complies with the standards of Ordinance No. 348. Ream 9448 2 7. 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 interior circulation is suitable and connects with Ynez Road. 8. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the initial study performed for this project due to the fact that the Conditions of Approval provide for the necessary mitigation for the project. 9. 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 as represented on the site plan. C. As conditioned pursuant to Section 4, Planning Application No. PA94-0019, as proposed, conforms to the logical development of its proposed site, and is compatible with the present and future development of the surrounding property. Section 3. 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 4. Conditions. That the City of Temecula City Council hereby approves Planning Application No. PA94-0019 to construct a 10,200 square foot building for a Black Angus Restaurant located on the northwesterly corner of Ynez Road and Rancho California Road and known as Assessor's Parcel No. 921-270-047 subject to the following conditions: A. Exhibit A, attached hereto. Section 5. PASSED, APPROVED AND ADOPTED this 28th day of June, 1994. Ron Roberts, Mayor AT'FEST: J n~~ek, Ciiy C~j [SEt L] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I HERERY 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 28th day of June, 1994 by the following vote of the City Council: 4 COUNCILMEMBERS: Birdsall, Parks, Stone, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAINED: 1 COUNCILMEMBERS: Mufioz Greek, City Clerk 4 Exhibit "A " CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA94-0019, Plot Plan Project Description: The construction and operation of a 10,200 square foot Black Angus restaurant, wall signage and one on-site monument sign Assessor's Parcel No.: 921-270-047 Approval Date: Expiration Date: PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project The applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of One Thousand Three Hundred Twenty-Eight Dollars ($1,328.00), which includes the One Thousand Two Hundred Fifty Dollars ($1,250.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(2) plus the Seventy-Eight Dollars ($78.00) County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 California Code of Regulations Section 15075. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). General Requirements 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 attach, set aside, void, or annul, an approval of the City of Temecula, its advisory agencies, appeal boards, or legislative body concerning Planning Application No. PA94-0019. 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 the 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. The development of the premises shall conform substantially with Exhibit "A", and approved with Planning Application No. PA94-0019, or as amended by these conditions. R:\STAFFRPT\lgPA94CC.COA 6/20/94 klb Building elevations shall conform substantially with Exhibits "D" & "E", or as amended by these conditions. Colors and materials used shall conform substantially with Exhibit "C", or as amended by these conditions. (color elevations and material board). Materials: Stucco Stucco-Accent Metals Awning Roof Wood Truss Neon Tube Colors: Amarillo White Frazee 5444 D (Grey) Frazee 6285 R (Rust) Sunbrella Burgundy 4631 Maxi Tile - Slate Grey Olympic Espresso Red Signage for the proposed project shall comply with exhibit "F", or as amended by these conditions. The proposed monument sign shall not include advertisement for of-site businesses. A minimum of 118 parking spaces shall be provided in accordance with Section 18.12, Riverside County Ordinance No. 348. 118 parking spaces shall be provided as shown on Exhibit "A". A minimum of 3 handicapped parking spaces shall be provided as shown on Exhibit 10. 4 Class II bicycle racks shall be provided. 11. Deliveries to the building shall be limited to the hours of 6:00 am to 10:00 am. In addition, the drive aisle to adjacent to the northerly side of the building, between the restaurant and the service station shall be posted "No Parking at Any Time." 12. At no time shall delivery vehicles be parked within the drive aisle adjacent to the northerly side of the building, between the restaurant and the service station. 13. The water feature on the corner of Rancho California Road and Ynez Road shall not be constructed with-in the ultimate right-of-way of Rancho California Road. 14. All existing trees along Rancho California Road shall be preserved on site. A notation on the construction landscape plans shall state that all existing trees shall be preserved on site. Prior to the Issuance of Building Permits 1 5. Roof-mounted equipment shall be inspected to ensure it is shielded from ground view. 16. The applicant shall make application and pay applicable application fee for Consistency Check with the Department of Building and Safety. 17. Three (3) copies of a Landscaping, Irrigation, and Construction Plans shall be submitted to the Planning Department for approval and shall be accompanied by the appropriate filing fee. The location, number, genus, species, and container size of the plants shall R:\STAFFRPT\19PA94CC.COA 6/20/94 klb be shown. Plans shall incorporate the use of specimen canopy trees along streets and within the parking areas. Prior to the Issuance of Occupancy Permits 18. Roof-mounted equipment shall be inspected to ensure it is shielded from ground view. 19. All landscaped areas shall be planted in accordance with approved landscape, irrigation, and shading plans, except as amended herein. 20. Performance securities, in amounts to be determined by the Director of Planning to guarantee adequate maintenance of the Planting for one year, shall be filed with the Department of Planning. 21. 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. 22. Additional landscaping shall be required to provide sufficient screening, if deemed necessary by the Director of Planning. 23. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. BUILDING AND SAFETY DEPARTMENT 24. Comply with applicable provisions of the 1991 edition of the Uniform Building, .Plumbing and Mechanical; 1990 National Electrical Code; California Administrative Code Title 24 Energy and Handicapped Regulations and the Temecula Code. 25. Submit at time of plan review, a complete exterior site lighting plan in compliance with Ordinance Number 655 for the regulation of light pollution. 26. Obtain all building plan and permit approvals prior to the commencement of any construction work. R:\STAFFRP1~19PA94CC .COA 6/20/94 27. Obtain street addressing for all proposed buildings prior to submittal for plan review. 28. All buildings and facilities must comply with applicable handicapped accessibility regulations. 29. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. 30. Restroom fixtures, number and type, shall be in accordance with the provisions of the 1991 edition of the uniform plumbing code, Appendix C. 31. Provide appropriate stamp of a registered professional with original signature on plans submitted for plan review. 32. Provide electrical plan including load calcs and panel schedule, plumbing schematic and mechanical plan for plan review. PUBLIC WORKS DEPARTMENT The following are the Department of Public Works 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 appropriate staff person of the Department of Public Works. It is understood that the Developer correctly shows on the tentative site plan all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. General Requirements 33. A Grading Permit for either rough or precise (including all on-site flat work and improvements) grading shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right-of-way. 34. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 35. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. 36. All plans shall be submitted on standard 24" x 36" City of Temecula mylars. R:\$TAFFRPT~19PA94CC.COA 6/20/94 klb Prior to Issuance of Grading Permits 37. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: State Water Resources Control Board; San Diego Regional Water Quality Control Board; Riverside County Flood Control and Water Conservation District; Planning Department; Department of Public Works; Riverside County Health Department; Community Services District; General Telephone; Southern California Edison Company; and Southern California Gas Company. 38. A Precise Grading Plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works. The plan shall comply with the Uniform Building Code, Chapter 70, City Standards, and as additionally required in these Conditions of Approval. 39. A Soils Report prepared by a registered Soils Engineer shall be submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 40. An erosion control plan in accordance with City Standards shall be designed by a registered Civil Engineer and approved by the Department of Public Works. 41. Permanent landscape and irrigation plans shall be submitted to the Planning Department, the Community Services District, and the Department of Public Works for review. (Including the parkways in addition to private landscaping). 42. 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 Riverside County Flood Control and Water Conservation District prior to issuance of any permit. If the full Area Drainage Plan fee or mitigation charge has been already credited to this property, no new charge needs to be paid. 43. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. 44. Graded but undeveloped land shall be maintained in a weedfree condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Department of Public Works. 45. Concentrated on-site runoff shall be conveyed in concrete ribbon gutters or underground storm drain facilities to an adequate outlet as determined by the Department of Public Works. R:\$TAFFRPT~19PA94CC.COA 6/20/94 klb 46. The Developer shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including upgrading or upsizing existing facilities or by securing a drainage easement or obtaining a letter of approval as directed by the Department of Public Works. The adequacy of the capacity of existing downstream drainage facilities shall be verified. 47. A drainage easement or a letter of approval shall be obtained from affected property owners for the release of concentrated or diverted storm flows onto adjacent property. A copy of the drainage easement, prior to recordation, or the letter of approval shall be submitted to the Department of Public Works for review. The location of the recorded easement shall be delineated on the grading plan. 48. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. 49. The following criteria shall be observed in the design of the precise grading plans to be submitted to the Department of Public Works: Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. Prior to the Issuance of Encroachment Permits 50. All necessary grading permit requirements shall have been accomplished to the satisfaction of the Department of Public Works. 51. The Developer 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 and subject to approval by the Department of Public Works. a. Landscaping (slopes, medians, and parkways). b, Erosion control and slope protection. 52. All landscaping within the parkways along Ynez Road and Rancho California Road, adjacent to Tower Plaza, shall be completed. Plans shall be designed in compliance with City Standards and approved by the Planning Department. R:\STAFFRPT\19PA94CC.COA 6/20/94 Prior to Issuance of Building Permit 53. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: Riverside County Fire Department; Planning Department; Department of Public Works; and The Community Services District. 54. All necessary construction or encroachment permits have been submitted/accomplished to the satisfaction of the Department of Public Works. 55. All building pads 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. The Developer shall deposit with the Engineering Department a cash sum as established per acre as mitigation for traffic signal impact. 57. The Developer shall notify the City's cable TV Franchises of the intent to develop. Conduit shall be installed to cable TV Standards prior to issuance of Certificates of Occupancy. 58. The 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 the 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 the Developer. Concurrently, with executing this Agreement, the 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. The 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, the Developer will waive any right to protest 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; provided that the 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 59. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; General Telephone; Southern California Edison; R:\$TAFFRPT~lgPA94CC.COA 6120/94 klb Southern California Gas; Planning Department; and Department of Public Works. 60. All on-site improvements and landscape improvements including the landscaping within the parkways along Ynez Road and Rancho California Road, adjacent to Tower Plaza, shall be constructed and completed per the approved plans and City standards. 61. Adjacent to Tower Plaza, Rancho California Road is classified as an Urban Arterial Highway with a 134 foot full width right-of-way, per the Circulation Element of the City of Temecula General Plan. There is an existing 55 foot of half width right-of-way and an additional 12 foot of dedication is required. Therefore, an additional 12 foot offer of dedication shall be made to the City of Temecula on Rancho California Road along Tower Plaza. 62. All drainage facilities shall be installed as required by the Department of Public Works. 63. The existing improvements shall be reviewed. Any appurtenance damaged or broken due to the construction operations of this project shall be repaired or removed and replaced to the satisfaction of the Department of Public Works. 64. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. OTHER AGENCIES 65. The applicant shall comply with the recommendations outlined in the Riverside County Geologist transmittal dated April 21, 1994, a copy of which is attached. 66. The applicant shall comply with the recommendations from the Riverside County Department of Environmental Health. 67. Fire protection shall be provided in accordance with the appropriate section of Ordinance No. 546 and the County Fire Warden's transmittal dated March 29, 1994, a copy of which is attached. 68. The applicant shall comply with the recommendations set forth in the Rancho California Water District transmittal dated March 25, 1994, a copy of which is attached. 69. The applicant shall comply with the recommendations outlined in the Eastern Municipal Water District transmittal dated March 25, 1994, a copy of which is attached. R:\STAFFRPT~19PA94CC.COA 6/20194 klb