HomeMy WebLinkAbout90-113 CC ResolutionRESOLUTION NO. 90-113
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING PLOT PLAN NO. 11609 TO
CONSTRUCT AN 18,453 SQUARE FOOT RETAIL AND
FURNITURE SHOWROOM COMMERCIAL CENTER
WHEREAS, Jeff Hardy & Associates filed Plot Plan No. 11609 in accordance with the
Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has
adopted by reference;
WHEREAS, said Plot Plan application was processed in the time and manner prescribed
by State and local law;
WHEREAS, the Planning Commission conducted a public hearing pertaining to said Plot
Plans on October 1, 1990, at which time interested persons had an opportunity to testify either
in support or opposition to said Plot Plan; and
WHEREAS, the Planning Commission denied said Plot Plan, and the applicant appealed
the decision to the City Council;
WHEREAS, the City Council conducted a public hearing on said Plot Plan on October
30, 1990, at which interested persons had an opportunity to testify either in support or
opposition to said Plot Plan;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA
DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Findings. The Temecula City Council finds as follows:
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 is 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 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.
Resos 90-113 I
(b) There is little or no probability of substantial detriment to or interference with
the future adopted general plan if the proposed use or action is ultimately inconsistent with the
plan.
(c) The proposed use or action complied with all other applicable requirements
of state law and local ordinances.
B. The Riverside County General Plan, as amended by the Southwest Area Community
Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General
Plan for the southwest portion of Riverside County, including the area now within the boundaries
of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the
City is proceeding in a timely fashion with the preparation of its General Plan.
C. The proposed Plot Plans are consistent with the SWAP and meet the requirements
set forth in Section 65360 of the Government Code, to wit:
(1) The City is proceeding in a timely fashion with a preparation of the general plan.
(2) The 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. 11509 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. 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. As conditioned pursuant to SECTION 3, the Plot Plans proposed conform to the
logical development of its proposed site, and is compatible with the present and future
Rems 90-113 2
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 on this case because the mitigation measures described on
attached sheets and 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 Council of the City of Temecula hereby approves
Plot Plan No. 11609 to construct an 18,453 square foot retail and furniture showroom
commercial center subject to the following conditions:
A. Exhibit A, attached hereto.
B. Applicant shall submit revised plans for approval by the Planning Director indicating
the relocation of the trash enclosure to the rear of the lot and enhanced landscaping along the
Winchester Road Frontage.
Section 4. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED, this 13th day of November, 1990.
R on ald~J. P~~ks,~May c~ c~r
ATTEST:
Jun~.S~J_ff~eek, Deputy ~V~y-CIerk
[SEAL]
Resos 90-113 3
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF TEMECULA )
SS
I, June S. Greek, Deputy City Clerk of the City of Temecula, HEREBY DO CERTIFY that
the foregoing Resolution No. 90-113 was duly adopted at a regular meeting of the City Council
of the City of Temecula on the 13th day of November, 1990, by the following roll call vote.
AYES: 5
C OUNCILMEMBERS:
Birdsall, Lindermans, Mufioz,
Moore, Parks
NOES: 0
COUNCILMEMBERS: None
ABSENT: 0
COUNCILMEMBERS: None
Jun~.~S~.:ff'eek, Deputy City
Resos 90-113 4
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Plot Plan No. 11609
Commission Approval Date:
Expiration Date:
P!anninq Department
This approval shall be used within two {;2) years of the Planning Commission
approval date; otherwise it shall become null and void and of no effect
whatsoever. By this approval within the two 12) year period which is
thereafter diligently pursued to completion, or the beginning of substantial
utilization contemplated by this approval.
Prior to the issuance of building permits, the following agencies shall provide
verification to the Building and Safety Department that all pertinent
Conditions of Approval and applicable have been met:
A. Planning Department
B. Temecula Union School District
C. Fire District
D. Engineering Department
E. Rancho California Water District
F. Department of Building and Safety
G. Riverside County Department of Environmental Health Services I DEHS)
H. CATV Franchise.
Architectural elevations of all proposed structures shall be submitted for
review and approval by the Planning Department prior to issuance of building
permits. The elevations shall substantially conform to those approved by the
Planning Commission.
Prior to the issuance of grading or building permits, the applicant shall
submit seven 17) copies of perking, landscaping, shading and irrigation plot
plan to the Planning Department and shall be accompanied by a filing fee as set
forth in Section 18.37 of Ordinance No. 348.
STAFFRPT\PP11609 1
o
10.
11.
12.
13.
15.
All site amenities, including landscaping and irrigation, as shown on plans
approved by the Planning Department, shall be installed prior to issuance of
the Certificate of Occupancy. Landscaping shall utilize drought tolerant
landscaping wherever feasible. An automatic sprinkler system shall be
installed and all landscaped areas shall be maintained in a viable growth
condition, planting within ten 110) feet of an entry or exit driveway shall not
be permitted to grow higher than thirty 130) inches.
Landscaping plans shall incorporate the use of the specimen canopy trees
along the streets and within the parking areas.
The owner/developer shall agree to defend at his sole expense, any action
brought against the City, its agents, officers, or employees because of the
issuance of such approval, or, in the alternative, to relinquish such approval.
The owner/developer shall reimburse the City, its agents, officers or
employees for any Court costs and attorney's fees which the City, its acjents
officers or employees may be required by a court to pay as a result of such
action. The City may, at its sole discretion, participate at its own expense in
the defense of any such action, but such participation shall not relieve the
owner/developer of his obligations under this condition. (Amended)
Applicant shall submit the site plan as approved by the Planning Department
to the Department of Building and Safety concurrent with application for
building permits. The development of the premises shall conform substantially
with that as shown on Plot Plan No. 11759 or as amended by these conditions.
All parking stalls shall be clearly striped and permanently maintained with
double or hairpin lines on the surface of the facility.
Any lights used to illuminate the site shall be designed so as to reflect away
from adjoining properties and public thoroughfares. All street lights and
other outdoor lighting shall comply with the requirements of Riverside County
Ordinance No. 655 and the Southwest Area Plan.
Signs shall be reviewed under separate application.
All necessary permits shall be obtained from the Riverside County Department
of Health Services prior to Certificate of Occupancy.
In the event the use hereby permitted ceases operation for a period of one 11 )
year, this approval shall become null and void.
Roof-mounted equipment shall be shielded from ground view. Screening
material shall be subject to Planning Department approval.
All utilities, except electrical lines rated 33kv or greater, shall be installed
underground.
STAFFRPT\PP11609 2
16.
17.
18.
19.
20.
21.
Prior to the issuance of a grading or building permit, the applicant shall
comply with the provisions of Ordinance No. 663 by paying the appropriate
fees set forth in that ordinance. Should Ordinance No. 663 be superseded by
the provisions of a Habitat Conservation Plan prior to the payment of the fee
required by Ordinance No. 663, the applicant shall pay the fee required by
the Habitat Conservation Plan as implemented by County ordinance or
resolution. Said fee shall not apply to the entire site, but rather to the new
building and parking structure.
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 Director of Building and Safety.
Prior to 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.
A minimum of ~7 parking spaces shall be provided, in accordance with Section
18.12, Riverside County Ordinance No. 3~8. The parking area shall be
surfaced with asphaltic concrete paving to a minimum depth of three (3)
inches on four (q) inches of Class II base.
A minimum of 2 handicapped parking spaces shall be provided. 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 ~ ~ the parking space at a minimum of height of 80 inches from the bottom
of the sign to 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 in size with lettering not
less than one 11 ) inch in height, which clearly and conspicuously states the
following:
"Unauthorized vehicles not displaying distinguishing
placards or license plates issued for physically
handicapped persons may be towed away at owner's
expense.
In addition to the above requirements, the surface of each parking place shall
have surface identification sign dupli~aUng the symbol of accessibility in blue
paint of at least three {3) square feet in size.
Commercial Units A and B shall be occupied by furniture, drapery, plumbing,
floor covering, and appliance stores only.
STAFFRPT\PP11609 3
22.
Commercial Units C through F shall not be occupied by restaurant tentants
unless additional parking is provided,
Enqineerinq 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:
23. 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,
Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains
shall be installed to City Standards,
25.
The developer shall submit four (~) copies of a soils report to the Engineering
Department, The report shall address the soils stability and geological
conditions of the site,
26.
The developer shall submit four I q) prints of a comprehensive grading plan
to the Engineering Department. The plan shall comply with the Uniform
Building Code and Chapter 70 as may be additionally provided for in these
Conditions of Approval, The plan shall be drawn on 2~"x36" mylar by a
Registered Civil Engineer.
27,
The final grading plans shall be completed and approved prior to issuance of
building permits,
28.
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\PP11609
PRIOR TO BUILDING PERMIT
29.
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:
30.
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/Necjative 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.
31.
The area shown as 30'x 50' ingress and egress on the Plot Plan shall be
improved with A.C. pavement to the same standards as the on-site parking lot
or as provided by the CCF, R's already established for the site. I Amended)
Riverside County Department of Health
32. "Will-serve" letters from the water and sewering agencies.
33.
if there. are to be any hazardous materials; a clearance letter from the
Environmental Health Services Hazardous Materials Management Branch I Jon
Mohoroski, 358-5055), will be required indicating that the project has been
cleared for:
a. Underground storage tanks.
b. Hazardous Waste Generator Service.
c. Hazardous Waste Disclosure l in accordance with AB 2185).
d. Waste reduction management.
Fire Department
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.
35.
Provide or show there exists a water system capable of delivering 3500 GPM
for a 3 hour duration at 20 PSI residual operating pressure, which must be
available before any combustible material is placed on the job site.
STAFFRPT\PP11609 5
36.
37.
38.
39.
A combination of on-site and off-site super fire hydrants 16"x4"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.
Applicant/developer shall furnish one copy of the water system plans to the
Fire Department for review. Plans shall conform to the fire hydrant types,
location and spacing, and, the system shall meet the fire flow requirements.
Plans shall be signed/approved by a registered civil engineer and the local
water company with the following certification: "1 certify that the design of
the water system is in accordance with the requirements prescribed by the
Riverside County Fire Department."
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 buildingl s). A statement that the buildingl 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.
submitted to the Fire Department for approval prior to
required by the Uniform Building Code.
Plans must be
installation, as
A statement that the building will be automatically fir sprinklered must appear
on the title page of the building plans.
Occupancy separ'ation will be required as per the Uniform Building Code,
Section 503.
Install panic hardware and exit signs as per Chapter 33 of the Uniform
Building Code.
Certain designated areas will be required to be maintained as fire lanes.
Install a dust collecting system as per the Uniform Building Code, Section 908.
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 $413.00 to the
Riverside County Fire Department for plan check fees.
STAFFRPT\PP11609 6
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.
Final conditions will be addressed when building plans are reviewed in the
Building and Safety Office.
Buildinq ~, Safety Department
50.
The applicant shall fill out an application for final inspection. Allow two 12)
weeks processing time to obtain all required clearances prior to the final
inspection,
Temecula Unified School District
51. This project is subject to State law requirements for School impact mitigation.
Eastern Municipal Water District
52.
Any and all necessary regionally sized on-site and off-site gravity sewers and
appurtenant works that might include monitoring manholes, lift stations, force
mains, and effluent disposal/use. Sewers will not be allowed along lot
lines/private land. Fee payment and participation in regional sewers,
treatment, and effluent disposal must be met. Only wastes acceptable to
EMWD regulations will be allowed.
Rancho California Water District
53.
The proposed project is located within the boundaries of Rancho California
Water District. Water service will be available te the site upon completion of
financial arrangements between RCWD and the property owner. Water
availability will be contingent upon the property owner signing and Agency
Agreement which assigns water management rights, if any, to RCWD.
STAFFRPT\PP11609 7