HomeMy WebLinkAbout93-085 CC Resolution RESOLUTION NO. 93-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMFCULA APPROVING PLANNING APPLICATION
NO. 93-0010, FIRST EXTENSION OF T@ FOR PLOT
PLAN NO. 34 TO CONSTRUCT A 102,243 SQUARE FOOT
OFFICE BUILDING, A 7,872 SQUARE FOOT
RESTAURANT, A 7,000 SQUARE FOOT RESTAURANT
AND A FOUR LEVEL PARKING STRUCTURE ON A 5.51
ACRE PARCEL LOCATED ON THE WEST SI]DE OF R]IDGE
PARK DRIVE APPROX@TELY 70 FEET SOUTH OF
RANCHO CALIFORNIA ROAD AND KNOWN AS
ASSESSOR'S PARCEL NO. 945-130-0003
WHEREAS, Preferred Equities Development, Inc. filed an Planning Application No 93-
0010, for a First Extension of Time for 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 Extension of Time application was processed in the time and friaiiiier
prescribed by State and local law;
WHEREAS, the Planning Commission considered said Extension of Time on June 19,
1993, and August 2, 1993, at which time interested persons had an opportunity to testify either
in support or opposition;
WHEREAS, at the conclusion of the Commission hearing, the Commission approved
said Extension of Time;
WHEREAS, Preferred Equities Development, Inc. filed an Appeal of the Planning
Commission's decision to approve Planning Application No. 93-0010, First Extension of Time
for 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 Appeal application was processed in the time and manner prescribed
by State and local law;
WHEREAS, the City Council conducted a public hearing pertaining to said Appeal on
September 28, 1993, at which time interested persons had opportunity to testify either in support
or opposition to said Appeal; and
WHEREAS, the City Council received a copy of the Staff Report regarding the
Resos 93-85 1
Extension of Time;
NOW, THEREFORE, THE CITY COUNCIIL OF THE CITY OF TEMIECULA
DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Findin2s. 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 theissuance 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 application 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 recommending approval of projects and @ng
Resos 93-85 2
other actions, including the issuance of building permits, pursuant to this title, each of the
following:
a. There is reasonable probability that the said application will be
consistent with the general plan proposal being considered or studied or which will be studied
within a reasonable time since the project is consistent with the existing SWAP and zoning
designation.
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 since the project is compatible with surrounding development.
C. The proposed use or action complies with all other applicable
requirements of state law and local ordinances since it complies with Ordinance No. 348.
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 compatible with the present and future logical development of the surrounding property.
E. The City Council, in recommending approval of the proposed Plot Plan, makes
the following findings, to wit:
1. There is a reasonable probability that PA93-0010, First Extension of Time
for Plot Plan No 34, will likely 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 commercial/office buildings are consistent with the existing Industrial Park zoning and
the Draft General Plan Land Use Designation of Business Park.
2. This project is consistent with the Southwest Area Plan (SWAP) since it
is designated as Restricted Light Industrial on the plan.
3. This project is consistent with the Industrial Park zone since it meets all
the requirements for this zone.
4. This project will not have a significant impact on the environment since
all the impacts have been mitigated to a level of insignificance.
5.The proposed project is suitable for the site since it accommodates all the
Resos 93-@- 3
structures, the necessary parking, landscaping and circulation for the site.
F. As conditioned pursuant to Section 3, the Plot Plan 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 2. Environmental Coml2liance. Adoption of the previously adopted Negative
Declaration for Plot Plan No. 34 is recommended.
Section 3. Conditions. That the City of Temecula City Council hereby approves
Planning Application No. 93-0010, First Extension of Time for Plot Plan 34 to construct a
102,243 square foot office building, a 7,872 square foot restaurant, a 7,000 square foot
restaurant and a four level parldng structure on a 5.51 acre parcel located on the west side of
Ridge Park Drive approximately 70 feet south of Ranch California Road and known as
Assessor's Parcel No. 945-130-003 subject to the following conditions:
A.Attachment No. 3, attached hereto.
Section 4. PASSED, APPROVED AND ADOPTED this 26th day of October, 1993.
J.S"uiioz, Mayor
ATTEST:
Ju@.@reek, City Clerk
[SEAL]
Resos 93-85 4
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA)
I HERIEBY CERTIIFY that the foregoing Resolution was duly adopted by the City
Council of the City of Temecula at a regular meeting thereof, held on the 26th day of October,
1993 by the following vote of the Council:
AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone
Mufioz
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Ju". CTieek, City Clerk
Resos 93-85 5
CITY OF TEMECULA
CONDITIONS OF APPROVAL
PA93-0010, Plot Plan No. 34, First One Year Extension of Time
Project Description: A request for a one year time extension for Plot Plan No. 34, a
seven (7) story office building totaling 102,243 square feet, a 7,872 square foot
restaurant, a four (4) level parking structure containing 134,933 square feet, and a
building pad for a proposed 7,000 square foot restaurant on 5.51 acre site.
Assessor's Parcel No.: 945-130-003
PLANNING DEPARTMENT
GENERAL REQUIREMENTS
1 .PA93-0010, Plot Plan No. 34, First Extension of Time shall comply with all previous
Conditions of Approval for Tentative Map No. 25059 (copies of which are attached)
unless superseded by these Conditions of Approval.
DEPARTMENT OF PUBLIC WORKS
The following are the Department of Public Works additional 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.
PRIOR TO ISSUANCE OF GRADING PERMITS:
2.The Developer must comply with the requirements of the National Pollutant Discharge
Elimination System (NPDES) permit from the State Water Resources Control Board.
No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or
the project is shown to be exempt.
3.Permanent landscape and irrigation plans shall be submitted to the Planning
Department and the Department of Public Works for review.
4.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.
5 .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.
6.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.
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7. All required fees shall be paid.
PRIOR TO ISSUANCE OF BUILDING PERMIT:
8.A Transportation Demand Management Program will be required if there is a potential
for more than 1 00 people to be employed at the site.
9.The underlying Parcel Map 25059 shall be recorded.
10.The Developer shall notify the City's cable TV franchises of the intent to develop.
Conduit shall be installed to cable TV standards.
11.The Developer shall show proof of a recorded written offer to participate in, and waive
all rights to object to the formation of an Assessment District, a Community Facilities
District, or a Bridge and Major Thoroughfare Fee District for the construction of the
proposed 'Western Bypass Corridor". The form shall be subject to the approval of the
City Engineer and City Attorney.
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY
1 2.All existing improvements damaged or broken due to the construction of this project
shall be repaired or removed and replaced as directed by the Department of Public
Works per current City Standards.
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CITY OF TEMECULA
CONDITIONS OF APPROVAL
Plot Plan No: 34
Project Description: 276,312.5 Square Foot
Office/Restaurant Development
Assessor's Parcel Nos.: 940-310-033, 034,
and 037
Planning Department
1.The use hereby permitted by this plot plan is for the development of a
276,312.5 squarefootoffice/restaurantdevelopmentr-ontaining one (i ) seven
(7) story office building (102,243.5 square feet and 91 feet high); one (i )
7,872 square foot restaurant; one (1) four (4) 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.
2.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 cooperatefully in the defense, the
permittee shal I not, thereafter, be responsible to clef end, indemnify, or hold
harmless the City of Temecula.
3.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 January 15, 1993.
4.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.
5.Any outside lighting shall be hooded and directed so as not to shin e directly
upon adjoining property or public rights-of-way.
6.The applicant shall comply with the Engineering Department's Conditions of
Approval which are included herein.
STAFFRPT\PP34 18
u of a
7.Prior to the issuance of grading or b ilding permits, three (3) copies '
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.
B.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 f 1 0) feet of an
entry or exit driveway shall not be permitted to grow higher than thirty 130)
inches.
9.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 I I base.
10.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 ref lectorized sign constructed of porcelain
on steel, beaded text or equal, displaying the International Symbol of
Accessibility. Thesignshallnotbesmallerthan7Osquareinchesinareaand
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
pia--e, at each entrance to the off-street parking facility, not less than 17
inches i:)y 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.
11.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
STAFFRPTNPP34 19
School District
Riverside County Flood Control
Fire Department.
12.A Plot Plan application for a Sign Program shall be submitted and approved by
the Planning Director prior to occupancy.
13.Buil(Ting elevations shall be in substantial conformance with that shown on
Exhibit C.
14.Materials used in the construction of all buildings shall be in substantial
conformance with that shown on Exhibit C (Color Elevations) and Exhibit D
(Materials Board), with the exception of the green monolithic glazing (item
"B") which shall be non-reflective.
15.Roof-mounted equipment for the two (2) proposed restaurants shall be
shielded from ground view. Screening material shall be subject to Planning
Department approval.
16.No roof-mounted equipment shall be permitted for the proposed seven story
office building and four story parking structure within the project site.
17.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.
18.Landscaping plans shall incorporate the use of specimen canopy trees along
streets and within the parking areas.
19.All street lights and other outdoor lighting shall be shown an 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.
20.This project is located within the vc;nitv of a subsidence zone. Prior to
issuance of any building permit by t4e' Delpartment of Building and Safety, a
letter of clearance from the Riverside County Geolc>gist shall be submitted or
a California Licensed Soils Engineer or Geologis-t 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.
21.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.
22.23 Class I bicycle racks shall be provided in convenient locations as approved
by the Planning Director to facilitate bicycle access to the project area.
STAFFRPTNPP34 20
23.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.
24.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 property constructed
and in good working order.
25.All utilities, except electrical lines rated 33kv or greater, shall be installed
underground.
26.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.
27.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 ail monitoring activity cost.
28.All of the foregoing conditions shall be complied with prior to occupancy or
any use allowed by this permit.
29.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.
30.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.Provide or show there exists a water system capable of delivering 2C)OO 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.
33.A combination of on@site and off -site I su er fire hydrants (6lix4lix2 1/2x2 1/2),
p
wi I I be located not less than 25 feet or more than 165 f eet f rom 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.
34.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.
35.Install a complete fire sprinkler system in all buildings requiring a fire f low
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
minimumof25feetfromthebuildingis). Astatementthatthebuilding(s)will
be automatically fire sprinklered must be included on the title page of the
building plans.
36.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.
37.A statement that the building will be automatically fire sprinklered must
appear on the title page of the building plans.
38.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).
39.Certain designated areas will be required to be maintained as fire lanes.
40.1 n sta I I portab I e f i re exti ng u i shers w i th a mi n i mum rati ng of 2A - 1 0 B C. Contact
a -certified extinguisher company for proper placement of equipment.
41.Prior to issuance of building permits, the applir-ant/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.
42.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 atel from the plan check review fee.
43.Building 'IC" must meet highrise life safety requirements per Riverside County
Ordinance 546, Section 801, parking garage install Class I I I standpipe system.
44.Final conditions will be addressed when building plans are reviewed in the
Building and Safety Office.
STAFFRPT\PP34 22
e
53.A drainage study shall be submitted to and approved by the City E,,gin ,r.
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 undersi.dewalk drains.
PRIOR TO ISSUANCE OF BUILDING PERMIT:
55.A precise grading plan shall be submitted to the Engineering Department for
reviewandapproval. Thebuildingpadshalibecertifiedbyareg,'sterecICivil
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 pro ' perty 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 atthetimeaf paymentof thefee. If an interim
or final public facility mitigation fee or district has not been finally
established by the date on which Developer requests its building permits for
the project or any phase thereof, the Developer shall execute the Agreement
for Payment of Public Facility Fee, a copy of which has been provided to
Developer. Developer- understands that said agreement may require the
payment of fees in excess of those now estimated (assuming benefit to the
project in the amount of such fees) and specifically waives its right to protest
such increase.
Transr)or-t;;tinp, r---:neerina
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 orovide for 3001 of left turn storage capacity on westbound
Rancho California Road to southbound Ridge Park Drive.
STAFFRPTNPP34 24