HomeMy WebLinkAbout91_030 PC ResolutionRESOLUTION NO. 91-030
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLOT PLAN NO.
228 TO CONSTRUCT A 7,203 SQUARE FOOT
RESTAURANT (BUILDING PAD "A") ON A PARCEL
CONTAINING 5.1 ACRES LOCATED ON THE
NORTHWEST CORNER OF RANCHO CALIFORNIA ROAD
AND LYNDIE LANE AND KNOWN AS ASSESSOR'S
PARCEL NO. 921-310-011.
WHEREAS, El Torito Restaurants, Inc., filed Plot Plan No. 228 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 April 15, 1991, at which time interested pemons 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;
WHEREAS, at the conclusion of the Commission Hearing, the Commission
approved said Plot Plan;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF.
TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTIC)N 'L Findin0s. 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.
S~STAFFRPT~228,PP
(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
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 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. 228 proposed will be consistent with the
general plan proposal being considered or
studied or which will be studied within a
reasonable time.
S~STAFFRPT~28.PP
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. (1) Pursuant 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. 228 will 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
restaurant is consistent with the existing zoning
and the SWAP Land Use Designation of
Commemial.
b)
There is not a likely probability of substantial
detriment to or interference with the future
General Plan, if the proposed use is ultimately
inconsistent with the plan, due to the fact that
the proposed restaurant is consistent with the
existing zoning, the SWAP Land Use
Designation of Commercial, and the permitted
S~STAFFRPT~228. PP
9
c)
d)
e)
f)
g)
h)
uses of the surrounding area.
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.
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 restaurant complies
with the standards of Ordinance No. 348.
The project as designed and conditioned will not
adversely affect the public health or welfare,
due to the fact that the Conditions of Approval
include mitigation measures.
The project is compatible with surrounding land
uses. The harmony in scale, bulk, height,
intensity, and coverage creates a compatible
physical relationship with adjoining properties,
due to the fact that the proposed restaurant is
consistent with Ordinance No. 348.
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, due to the
fact that the proposed use is compatible with
the surrounding land uses.
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 Conditions of Approval include appropriate
mitigation measures.
The project as designed and conditioned will not
adversely affect the built or natural environment
as determined in the expanded initial study
S~STAFFRPT~22.8. PP
lO
performed for Pict Plan No. 18.
J)
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.
k)
That said findings are supported by minutes,
maps, exhibits and environmental documents
associated with these applications and herein
incorporated by reference.
E. As conditioned pursuant to SECTION 3, the Pict Plan
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 Complianc~,
An Initial Study prepared for Pict Plan No. 18 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 was
. adopted by the Planning Commission on November 19, 1990. Pict Plan No. 228 will not
result in additional impacts to the environment, therefore, the project is exempt from
CEQA under Section 15061 (b)(3).
Conditions.
That the City of Temecula Planning Commission hereby approves Pict Plan
No. 228 to construct a 7,203 square foot restaurant(Building Pad "A") located on the
northwest corner of Rancho California Road and Lyndie Lane and known as Assessor's
Parcel No. 921-310-011 subject to the following conditions:
A. Exhibit A, attached hereto.
S\STAFFRPT~228.PP
11
PASSED, APPROVED AND ADOPTED this 15th day of April 1991.
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
15th day of April 1991 by the following vote of the Commission:
AYES:
NOES:
ABSENT:
4 PLANNING COMMISSIONERS Blair, Fahey, Ford, and Chiniaeff
0 PLANNING COMMISSIONERS None
1 PLANNING COMMISSIONERS Hoagland
S~STAFFRPT~228.PP
12
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Plot Plan No: 228
Project Description: 7:203 square foot restaurant
Assessor's Parcel No.:
The use hereby permitted by this plot plan is for the development of a 7,203
square foot restaurant (Building Pad "A") within a 5.1 acre site known as Plot Plan
No. 18, Revision No. 1.
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. 228. 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 April 15, 1993.
The development of the premises shall conform substantially with that as shown
on Plot Plan No. 228 marked Exhibit A, 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 Depar/ment's Conditions of
Approval which are included herein.
Prior to the issuance of grading or building permits, three (3) copies of a 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.
S~STAFFRPT~228. PP
10.
11.
12.
13.
14.
15.
16.
17.
18.
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.
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
B.
Materials used in the construction of all buildings shall be in substantial
conformance with that shown on Exhibit B (Color Elevations) and Exhibit E
(Materials Board).
Roof-mounted equipment shall be shielded from ground view. Screening material
shall be subject to Planning Department approval.
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.
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.
Unless previously paid, 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.
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
S\STAFFRPT~228.PP
Building and Safety.
19,
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.
20.
Prior to occupancy or any use allowed by this permit, this approval shall comply
with all conditions of Plot Plan No. 18, Revision No. 1.
21.
All of the foregoing conditions shall be complied with prior to occupancy or any use
allowed by this permit.
Riverside County. Fire DepartmP. nt
22.
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.
23.
Provide or show there exists a water system capable of delivering 2250 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.
24.
A combination of on-site and off-site super fire hydrants, on a looped system
(6"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.
25.
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.
26.
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."
27.
Install a complete restaurant fire sprinkler system in all building(s). 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 building(s). A statement
that the building(s) will be automatically fire sprinklered must be included on the
title page of the building plans.
S~STAFFR PT~225.PP
3
28. Install a supervised waterflow monitoring fire alarm system. Plans must be
submitted to the Fire Department for approval prior to installation, as per UBC.
29.
A statement that the building will be automatically fire sprinklered must appear on
the title page of the building plans.
30.
Install panic hardware and exit signs as per Chapter 33 of the Uniform Building
Code.
31. Certain designated areas will be required to be maintained as fire lanes.
32.
Install portable fire extinguishers with a minimum rating of 2A-10BC. Contact a
certified extinguisher company for proper placement of equipment.
33.
Install a hood duct fire extinguishing system. Contact a certified fire protection
company for proper placement. Plans must be approved by the Fire Department
prior to installation.
34.
Prior to the 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
Riverside County Fire Department for plan check fees.
35.
Prior to the issuance of building permits, the 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
~ from the plan check review fees.
36.
Final conditions will be addressed when building plans are reviewed in the Building
and Safety Office.
Riverside County Department of Health
Prior to any building plan submittals, the following items will be required:
37. "Will-serve" letters from the appropriate water and sewering agencies.
38.
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. For
specific reference, please contact Food Facility Plan examiners at (714) 358-5172.
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.
S\STAFFRPT~?.28.PP
4
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:
39.
As deemed necessary by the City Engineer or his representative, the developer
shall receive written clearance from the following agencies:
Rancho California Water District;
Eastern Municipal Water District;
City of Temecula Fire Bureau;
Planning Department;
Engineering Department;
Riverside County Health Department;
CATV Franchise; and
Parks and Recreation Department.
40.
The developer shall submit two (2) 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"x 36" mylar by a Registered Civil
Engineer.
41.
The developer shall submit two (2) copies of a soils report to the Engineering
Department. The report shall address the soils stability and geological conditions
of the site.
42.
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.
43.
No grading shall take place prior to the improvement plans for Plot Plan No. 18
being substantially complete, appropriate clearance letters and approval by the
City Engineer.
44.
If grading is to take place between the months of October and April, erosion
control plans will be required. Erosion control plans and notes shall be submitted
and approved by the Engineering Department.
45.
All site plans, grading plans, landscape and irrigation plans, and street
improvement plans shall be coordinated for consistency with approved plans.
46.
Prior to any work being performed in public right-of-way, fees shall be paid and an
encroachment permit shall be obtained from the City Engineer's Office.
47.
Existing city roads requiring construction shall remain open to traffic at all times
with adequate detours during construction.
S\STAFFRPT~.28,PP
48.
49.
50.
51.
52.
53.
54.
If construction for street, on-site parking, grading and drainage improvements for
Plot Plan No. 18 has not begun, the subdivider 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.
Street improvements, including, but not limited to: pavement, curb and
gutter, medians, sidewalks, drive approaches, street lights, signing, striping,
traffic signal systems, and other traffic control devices as appropriate.
b. Storm drain facilities.
c. Landscaping (street and parks).
d. Sewer and domestic water systems.
e. Undergrounding of existing and proposed utility distribution lines.
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.
A detailed drainage study will be required to be submitted to and approved by the
City Engineer. All drainage facilities shall be installed as required by the City
Engineer. This study shall be prepared by a registered Civil Engineer and shall
include existing, interim, and proposed conditions, including hydrology and
hydraulic calculations. The drainage study shall also address the capacity of
existing downstream systems within Parcel Map No. 23687, and a secondary
overland drainage escape route.
As determined from the drainage study, the developer shall construct or enlarge
off-site drainage facilities to mitigate any increase or diversion of existing flows
from the project site into adjacent downstream properties. Adequate drainage
easements shall be secured if needed. Mitigation shall be as directed by the City
Engineer.
A drainage channel and/or flood protection wall will be required along the
northwesterly property line to protect downstream properties by diverting sheet
runoff to Lyndie Lane, or to a storm drain.
Adequate provisions shall be made for acceptance and disposal of surface
drainage entering the property from adjacent areas.
All concentrated drainage directed toward the public street shall be diverted
through the undersidewalk drains.
S~STAFFRPT~28.PP
PRIOR TO ISSUANCE OF BUILDING PERMIT:
55.
A precise grading plan shall be submitted to the Engineering Department for
review and approval. The building pad shall be cedified 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.
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.
57.
Prior to building permit, the subdivider shall notify the City's C.A.T.V. Franchises of
the intent to develop. Conduit shall be installed to C.A.T.V. Standards prior to
issuance of Cedificates of Occupancy.
PRIOR TO ISSUANCE OF CERTIFICATION OF OCCUPANCY:
58.
In the event that the improvements per the Margarita Villages Benefit District have
not been initiated, the developer shall construct half-width street improvements for
Rancho California Road including but not limited to curb and gutter, A.C.
pavement, sidewalk, drive approaches, parkway trees and street lights on the
public street.
59.
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.
Tra nR.nc~datic~n Fn0ineerin_o
PRIOR TO ISSUANCE OF BUILDING PERMITS:
60.
A signing and striping plan shall be designed by a registered Traffic Engineer and
approved by the City Engineer for Rancho California Road with transitions, and
shall be included in the street improvement plans.
61.
Plans for a traffic signal shall be designed by a registered Traffic Engineer and
approved by the City Engineer for the intersection of Rancho California Road and
Lyndie Lane and shall be included in the street improvement plans with the second
plan check submittal.
S\STAFFR P't~2.28.P P
7
62.
Plans for traffic signal interconnect shall be designed by a registered Civil Engineer
and approved by the City Engineer and shown on the street improvement plans
along Rancho California Road from Lyndie Lane east to Moraga Road.
63.
Prior to designing any of the above plans, contact Transportation Engineenng for
the design requirements.
PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS:
64.
All signing and striping shall be installed per the City requirements and the
approved signing and striping plan.
65.
The traffic signal at Rancho California Road and Lyndie Lane shall be installed and
operational per the City requirements, special provisions, and the approved traffic
signal plan.
66.
All traffic signal interconnects shall be installed per the City requirements and the
approved plan.
67.
The developer shall be responsible for constructing the raised median on Rancho
California Road from Via Las Colinas east to Lyndie Lane.
68.
No median break for the main driveway on Rancho California Road shall be
provided.
69.
The developer shall design and construct the signal at the intersection of Rancho
California Road and Lyndie Lane and may enter into a reimbursement agreement
with the City for a percentage of the total cost of this signal, as determined by the
City Engineer, from the future development of the 6.12 acre parcel to the south of
this intersection which may utilize this signal for access as specified in the
addendum to the Traffic Study dated October 9, 1990 prepared by Robert Kahn,
John Kain and Associates.
S~STAFFRPT'~2.28. PP
8