HomeMy WebLinkAbout91_009 PC ResolutionRESOLUTION NO, 91-009
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLOT PLAN NO.
216 TO CONSTRUCT 12,067 +/- GROSS SQUARE FEET
OF COMMERCIAL/OFFICE BUILDING ON A PARCEL
CONTAINING 1.03 ACRES LOCATED APPROXIMATELY
NORTHEASTERLY OF RIO NEDO AND VIA INDUSTRIA
AND KNOWN AS ASSESSOR'S PARCEL NO. 909-290-024.
· WHEREAS, Ballatore Construction filed Plot Plan No. 216 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 Plan on February 4, 1991, at which time interested persons had
opportunity to testify either in support or opposition to said Plot Plan; and
WHEREAS, the Planning Commission received a copy of the Staff Report
regarding the Plot Plan;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION ~ F_~. That the Temecula Planning Commission hereby
makes the following findings:
A. Pursuant to Government Code Section 65360, a newly
incorporated city shall adopt a general plan within thirty (30) months
following incorporation. During that 30-month period of time, the city is not
subject to the requirement that a general plan be adopted or the
requirements of state law that its decisions be consistent with the general
plan, if all of the following requirements are met:
(1) The city is proceeding in a timely fashion with the
preparation of the general plan.
(2) The planning agency finds, in approving projects and
taking other actions, including the issuance of building
permits, each of the following:
(a)
There is a reasonable probability that the land
use or action proposed will be consistent with
the general plan proposal being considered or
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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 Plot Plan is 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 Planning Commission finds, in recommending
approval of projects and taking other actions, including the
issuance of building 3ermits, pursuant to this title, each of the
following:
a)
There ~s reasonable probability that Plot Plan
No. 216 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.
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2
D. (1) Pumuant to Section 18.30(c), no plot plan may be
approved unless the following findings can be made:
a)
The proposed use must conform to all the
General Plan requirements and with all
applicable requirements of state law and City
ordinances.
b)
The overall development of the land is designed
for the protection of the public health, safety and
general welfare; conforms to the logical
development of the land and is compatible with
the present and future logical development of
the surrounding property.
(2) The Planning Commission, in approving the proposed
Plot Plan, makes the following findings, to wit:
a)
There is a reasonable probability that Plot Plan
No. 216 will be consistent with the City's future
General Plan, which will be completed in a
reasonable time and in accordance with State
law. The project, as proposed, conforms with
existing applicable city zoning and development
ordinances. Further, the proposal is
characteristic of similar development approved
by the City to date.
b)
There is not a likely probability of substantial
detriment to, or interference with the City's
future General Plan, if the proposed use is
ultimately inconsistent with the plan. The
project is of insignificant scale in context of the
broad goals and directives anticipated in the
City's General Plan.
c)
The proposed use or action complies with State
planning and zoning laws. Reference local
Ordinances No. 348, 460; and California
Governmental Code Sections 65000-66009
(Planning and Zoning Law).
d)
The site is suitable to accommodate the
proposed land use in terms of the size and
shape of the lot configuration, cimulation
patterns, access, and intensity of use.
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e)
f)
g)
h)
Adequate site cimulation, parking, and
landscaping are provided; as well as sufficient
area to appropriately construct the proposed
structure, reference Exhibits D and F.
The project, as designed and conditioned, will
not adversely affect the public health or welfare;
nor will it adversely impact the built or natural
environment as determined in the Initial
Environmental Assessment of this proposal.
Reference the attached project Conditions of
Approval and Initial Environmental Study,
Attachments 2 and 3 respectively.
The proposal will not have an adverse effect on
surrounding property, because it does not
represent a significant change to the present or
planned land use of the area. The project
conforms with applicable land use and
development regulations, and reflects design
aspects currently existing in the proposal's
general vicinity.
The project has acceptable access to a
dedicated right-of-way which is open to, and
useable by, vehicular traffic. The project site's
primary frontage is on Via Industria, a dedicated
City right-of-way currently undergoing necessary
improvements prior to its acceptance within the
City Maintained Road System.
The design of the project together with the type
of supporting improvements are such that they
are not in conflict with easements for access
through, or use of the property within the
proposed project. Reference the approved
parcel map design (Exhibit G) vis-b.-vis the
project site plan in question (Exhibit D).
That said findings are supported by minutes,
maps, exhibits and environmental documents
associated with these applications and herein
incorporated by reference. Supporting.
documentation is attached.
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4
E. As conditioned pursuant to SECTION 3, the Plot Plan
proposed conforms to the logical development of its proposed site, and is
compatible with the present and future development of the surrounding
property.
.~ECTION 2- Environmental Compliance.
An Initial Study prepared for this project indicates that although the
proposed project could have a significant impact on the environment, there will not be a
significant effect in this case because the mitigation measures described in the
Conditions of Approval have been added to the project, and a Negative Declaration,
therefore, is hereby granted.
That the City of Temecula Planning Commission hereby approves Plot Plan
No. 216 to construct 12,067 +/- square feet of commercial/office building located
approximately northeasterly of Rio Nedo and Via Industria and known as Assessor's
Parcel No. 909-290-024 subject to the project Conditions of Approval, Attachment No. 2,
attached hereto.
PASSED, APPROVED AND ADOPTED this 4th day of February 1991
-- DENNIS CH~,~ECF
CHAIRMAN
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Planning Commission of the City of Temecula at a regular meeting thereof, held on the
4th day of February, 1991 by the following vote of the Commission:
AYES: 4 PLANNING COMMISSIONERS Blair, Ford, Hoagland, Chiniaeff
NOES: 0 PLANNING COMMISSIONERS None
ABSENT: 0 PLANNING COMMISSIONERS None
ABSTAIN: 1 PLANNING COMMISSIONERS Fahey
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ATTACHMENT NO. 2
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Plot Plan No: 216
Project Description: Request to construct a 2-
~tory 120~7 squ~re foot commercial/office
structure on a 44.770 square foot site.
Assessor's Parcel No.: ~
The use hereby permitted by this plot plan is for construction of a 2-story 12,067
+/- square foot commemial/office structure.
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. 216. 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 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 February 15, 1993.
The development of the premises shall conform substantially with that as shown
on Plot Plan No. 216 marked Exhibit D, or as amended by these conditions.
Any outside lighting shall be hooded and directed so as not to shine directly upon
adjoining property or public rights-of-way.
The applicant shall comply with the Engineering Department's Conditions of
Approval which are included herein.
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10.
11.
12.
The applicant shall comply with the Building and Safety Department's Conditions
of Approval which are included herein.
Fire protection shall be provided in accordance with the appropriate section of
Ordinance No. 546 and the County Fire Depadment's transmittal dated November
29, 1990, which are included herein.
Prior to the issuance of grading or building permits, three (3) copies of Parking,
Landscaping, Irrigation, and Shading Plans shall be submitted to the Planning
Department of approval. The location, number, genus, species, and container size
of the plants shall be shown. Plans shall meet all requirements of Ordinance No.
348, Section 18.12, and shall be accompanied by the appropriate filing fee.
All landscaped areas shall be planted in accordance with approved landscape,
irrigation, and shading plans prior to the issuance of occupancy permits. An
automatic sprinkler system shall be installed and all landscaped areas shall be
maintained in a viable growth condition. Planting within ten (10) feet of an entry or
exit driveway shall not be permitted to grow higher than thirty (30) inches.
A minimum of 44 parking spaces and 1 loading zone shall be provided. Parking
shall be provided as shown on the Approved Exhibit D. The parking area shall be
surfaced with asphaltic concrete paving to a minimum depth of 3 inches on 4
inches of Class II base.
A minimum of 2 handicapped parking spaces shall be provided as shown on
Exhibit D. 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.
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13.
14.
15.
16.
17.
18.
19,
20.
21.
22.
23.
Prior to the issuance of building permits, the applicant shall obtain clearance
and/or permits from the following agencies:
Planning Department
Engineering Depaitment
Environmental Health
School District
Fire Department
Prior to the issuance of building permits, the following additional plans shall be
submitted for Planning Department approval:
Landscaping, Irrigation, and Shading Plans.
A Plot Plan application for a Sign Program shall be submitted and approved by the
Planning Director prior to occupancy.
Building elevations shall be in substantial conformance with that shown on Exhibit
H.
Materials used in the construction of all buildings shall be in substantial
conformance with that shown on Exhibit H, 1.1, and 1.2 (Elevations, Color/Materials
Exhibits).
Any proposed roof-mounted equipment shall be screened in accordance with
materials/methodologies approved by the City Planning Department.
All trash enclosures shall be constructed prior to the issuance of occupancy
permits. As a minimum, each enclosure shall be six feet in height and shall be
made with masonry block and a steel gate which screens the bins from external
view.
Landscaping plans shall incorporate the use of specimen canopy trees along
streets and within the parking areas.
All street lights and other outdoor lighting shall be shown on electrical plans
submitted to the Department of Building and Safety for plan check approval and
shall comply with the requirements of Riverside County Ordinance No. 655.
Three (3) Class II bicycle racks shall be provided in convenient locations as
approved by the Planning Director to facilitate bicycle access to the project area.
Prior to the issuance of grading permits, and unless previously paid in conjunction
with approvals/permits issued for Pamel Map No. 21382, 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 pamels proposed for development. Should
Ordinance No. 663 be. superseded by the provisions of a Habitat Conservation
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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.
24.
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.
25.
Prior to the issuance of occupancy permits, all required landscape planting and
irrigation shall have been installed and be in a condition acceptable to the Director
of Building and Safety. The plants shall be healthy and free of weeds, disease, or
pests. The irrigation system shall be properly constructed/and in good working
order.
26.
All utilities, except electrical lines rated 33ky or greater, shall be installed
underground.
27.
Within forty-eight (48) hours of the approval of the 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, Two Hundred, Seventy-Five
Dollars ($1,275.00), 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 Twenty-Five Dollar ($25.00) County administrative fee
to enable the City to file the Notice of Determination required under Public
Resources Code Section 21152 and 14 Cal. Code of Regulations 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).
28.
All of the foregoing conditions shall be complied with prior to occupancy or any use
allowed by this permit.
Engineering 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.
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PRIOR TO ISSUANCE OF GRADING PERMITS:
29. 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.
30.
The developer shall submit four (4) 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 24"x36" mylar by a Registered Civil
Engineer.
31.
The developer shall submit four (4) copies of a soils report to the Engineering
Department. The report shall address the soils stability and geological conditions
of the site.
32.
A grading permit shall be obtained from the Engineering Department prior to
commencement of any grading outside of the City-maintained road right-of-way.
33.
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.
34.
All concentrated drainage directed toward the public street shall be diverted
through the undersidewalk drains.
PRIOR TO ISSUANCE OF BUILDING PERMIT:
35.
A precise grading plan shall be submitted to the Engineering Department for
review and approval. The building pad. shall be certified by a registered Civil
Engineer for location and elevation, and the Soil Engineer shall issue a Final Soils
Report addressing compaction and site conditions.
36.
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.
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PRIOR TO ISSUANCE OF CERTIFICATION OF OCCUPANCY:
37.
All driveways shall conform to the applicable County of Riverside standards and
shall be shown on the street improvement plans in accordance with County
Standard 400 and 401 (curb sidewalk).
38.
Developer shall pay any capital fee for road improvements and public facilities
imposed upon the property or project, including that for traffic and public facility
mitigation as required under the EIR/Negative Declaration for the project, in the
amount in effect at the time of payment of the fee. If an interim or final public
facility mitigation fee or district has not been finally established by the date on
which Developer requests its building permits for the project or any phase thereof,
the Developer shall execute the Agreement for Payment of Public Facility Fee, a
copy of which has been provided to Developer. Developer understands that said
agreement may require the payment of fees in excess of those now estimated
(assuming benefit to the project in the amount of such fees) and specifically
waives its right to protest such increase.
Department of Building and Safety.
39.
The applicant shall fill out an application for final inspection. Allow two (2) weeks
processing time to obtain all required clearances prior to final inspection.
40. Applicable school fees shall be paid prior to issuance of building permits.
With respect to the Conditions of Approval regarding the above referenced plot plan, the
Fire Department recommends the following fire protection measures be provided in
accordance with Riverside County Ordinances and/or recognized fire protection
standards:
41.
The Fire Department is required to set a minimum fire flow for the remodel or
construction of all commercial building using the procedure established in
Ordinance 546.
42.
Provide or show there exists a water system capable of delivering 2000 GPM for a
two (2) hour duration at 20 PSI residual operating pressure, which must be
available before any combustible material is placed on the job site.
43.
The required fire flow shall be available from a super fire hydrant
(6"x4"x21/2"x21/2") located at the driveway entrance.
44.
Applicant/Developer shall be responsible to submit written Certification from the
water company noting the location of the existing fire hydrant and that the existing
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45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
water system is capable of delivering 2000 GPM fire flow for a two (2) hour
duration at 20 PSI residual operating pressure. If a water system currently does
not exist, the applicant/developer shall be responsible to provide written
certification that financial arrangements have been made to provide them.
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 fifty (50) feet of a hydrant, and a minimum of 25 feet
from the building(s). A statement that the building(s) will be automatically fire
sprinkled must be included on the title page of the building plans.
install a supervised water flow monitoring fire alarm system. Plans must be
submitted to the Fire Department for approval prior to installation, as required by
the Uniform Building Code.
In lieu of fire sprinkler requirements, building(s) must be area separated into
square foot compartments, approved by the Fire Department, as per Section 505
(e) of the Uniform Building Code.
A statement that the building will be automatically fire sprinkled must appear on the
title page of the building plans.
Install panic hardware and exit signs as per Chapter 33 of the Uniform Building
Code. Low-level Exit Signs, where exit sign are required by Section 3314 (a).
Certain designated areas will be required to be maintained as fire lanes.
Install portable fire extinguishers with a minimum rating of 2A-10BC. Contact a
certified extinguisher company for proper placement of equipment.
Prior to issuance of building permits, the applicant/developer shall be responsible
to submit a check or money order in the amount of $558.00 to the City of
Temecula for plan check fees.
Prior to the issuance of building permits, the applicant/developer shall deposit with
the City of Temecula, 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.
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7
55.
Blue-dot reflectors shall be mounted in private streets and driveways to indicate
location of fire hydrants. They shall be mounted in the middle of the street directly
in line with fire hydrants.
56.
Final conditions will be addressed when building plans are reviewed in the Building
and Safety Office.
The Environmental Health Services has reviewed Plot Plan No. 216 and has no
objections. Prior to building plan approval, the following are required:
57. "Will - serve" letters from the appropriate water and sewer districts.
58.
If there are to be any food establishments, three complete sets of plans for each
food establishment will be submitted including a fixture schedule, a finish schedule,
and a plumbing schedule in order to ensure compliance with the California Uniform
Retail Food Facilities Law.
59.
If there are to be any hazardous materials, a ~ from the
Environmental Health Services Hazardous Materials Management Branch (Jon
Mohoroski, 358-5055) will be required indicating that the project has been cleared
for:
a. Underground storage tanks.
b. Hazardous Waste Generator Services.
c. Hazardous Waste Disclosure (in accordance with AB 2185).
d. Waste reduction management.
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