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.
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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
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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.
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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.
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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.
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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.
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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;
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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.
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