HomeMy WebLinkAbout91_082 PC ResolutionRESOLUTION NO. 91-082
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLOT PLAN NO.
233 TO CONSTRUCT A 3558 SQUARE FOOT
RESTAURANT (BUILDING PAD "K") ON A PAD
CONTAINING .97 ACRES LOCATED ON THE
NORTHWEST CORNER OF RANCHO CALIFORNIA ROAD
AND MARGARITA ROAD AND KNOWN AS ASSESSOR'S
PARCEL NO. 921-250-018.
WHEREAS, Bernard Karcher/BKL, Inc., filed Plot Plan No. 233 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 August 19, 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;
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:
~ .1.. Findings. 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.
STAFFRPT~?.33A,PP
7
(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, pu~:suant to this title, each of the following:
a)
There is reasonable probability that Plot Plan
No. 233 proposed will be consistent with the
general plan proposal being considered or
studied or which will be studied within a
reasonable time.
STAFFRPT~?.33A.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. 233 will be consistent with the City's futura
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
Commercial.
b)
There is not a likely probabiiity 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
STAFFRPT~233A,PP
9
c)
d)
e)
f)
g)
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.
h)
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 Environmental
STAFFRPT~233A. PP
lO
Assessment No. 33126 performed for Plot Plan
No. 10739 and No. 1.
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 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.
~ECTIC)N 2. Environmental Compliane~..
An Environmental Assessment (No. 33126) prepared for Plot Plan No. 18
10739 AMD No. 1 indicated 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 Riverside Board of Supervisors.
Plot Plan No. 233 will not result in additional impacts to the environment; therefore, the
project is exempt from CEQA under Section 15061 (b)(3).
~ 3~ Conditi~n.~.
That the City of Temecula Planning Commission hereby approves Plot Plan
No. 233 to construct a 3558 square foot restaurant (Building Pad "K") located on the
northwest corner of Rancho California Road and Margarita Road and known as
Assessor's Parcel No. 921-250-018 subject to the following conditions:
A. Exhibit II, attached hereto.
STAFFRP~2.33A.PP
11
~CTION 4.
PASSED, APPROVED AND ADOPTED this 19th day of August 1991
GA~Y THORNHtLL
PLANNING DIRECTOR
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
19th day of August, 1991 by the following vote of the Commission:
AYES: 4
NOES: 0
ABSENT: 1
PLANNING COMMISSIONERS
Blair, Chiniaeff, Ford, and
Chairman Hoagland
PLANNING COMMISSIONERS None
PLANNING COMMISSIONERS Fahey
STAFFRPT~233A. PP
12
ATTACHMENTII
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Plot Plan No: 233
Project Description:
Censtructi{3n of a fast food
restaurant on
approximately .97 acres.
Assessor's Parcel No.:
The use hereby permitted by this plot plan is for the construction of a fast food
restaurant on approximately .97 acres located in the Palomar Village situated on
the nodhwest corner of Rancho California Road and Margarita Road.
The permittee shall defend, indemnify, and hold harmless the city of Temecula, its
agents, officem, 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. 233. 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 August 19, 1993.
The development of the premises shall conform substantially with that as shown
on Plot Plan No. 233 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.
STAFFRP'P~233A. PP
13
10.
11.
The applicant shall comply with the Engineering Department's Conditions of
Approval which are included herein.
Water and sewerage disposal facilities shall be installed in accordance with the
previsions set forth in the Riverside County Health Department's transmittal dated
June 13, 1991, a copy of which is attached.
Fire protection shall be provided in accordance with the appropriate section of
Ordinance No. 546 and the County Fire Department's transmittal dated June 5,
1991, a copy of which is attached.
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 for approval. The landscaping plans shall include eucalyptus trees
along the north and east elevation of the subject building inorder to enhance
landscaping and to give character. 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 one (1) handicapped parking space shall be provided as shown on
Exhibit A. Each parking space reserved for the handicapped shall be identified by
a permanently affixed reflectorized sign constructed of pomelain 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 "
STAFFRPT~233A.PP
14
12.
13.
14.
15.
16.
17.
18.
19.
20.
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.
Prior to the issuance of building permits, the applicant shall obtain clearance
and/or permits from the following agencies:
Planning Department
Engineering Department
Environmental Health
Rancho Water District
School District
Riverside County Flood Control
Fire Department
Eastern Municipal Water District
Building elevations shall be in substantial conformance with that shown on Exhibit
E and F.
An Administrative Plot Plan application for signage shall be submitted separately to
the Planning Department for review and approval prior to occupancy.
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.
All 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 appropriate fee 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 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.
6 Class III 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 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.
STAFFRPT~233A. PP
15
21.
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.
22.
All utilities, except electrical lines rated 33ky or greater, shall be installed
underground.
23.
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.
PRIOR TO ISSUANCE OF GRADING PERMITS:
24.
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;
Riverside County Flood Control district;
City of Temecula Fire Bureau;
Planning Department;
Engineering Department;
Riverside County Health Department; and
Parks and Recreation Department.
25.
All site plans, grading plans, landscape and irrigation plans, and street
improvement plans shall be coordinated for consistency with approved plans.
26.
Prior to any work being performed on the private drives, fees shall be paid and a
construction permit shall be obtained from the City Engineer's Office.
27.
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
STAFFRP~2.33A.PP
16
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.
28.
Adequate provisions shall be made for acceptance and disposal of surface
drainage entering the property from adjacent areas.
PRIOR TO ISSUANCE OF BUILDING PERMIT:
29.
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.
30.
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.
31.
The developer shall provide evidence that an easement for ingress and egress
over the adjacent property does exist.
32.
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 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.
Concurrently, with executing this Agreement, 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. 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, developer will waive any right to pretest 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; l;;m3.v. Jde~ that 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:
33. A minimum flowline on all paved areas shall be 0.50 percent.
STAFFRP~233A. PP
17
County of Riverside
I~EPARTMENT OF HEALTH
A~: Richard Ayil~
F~OM: nmental Health Specialist IV
06-13-91
Bt: PLOT PLAN NO. 233
The Environmental Health Services has reviewed Plot Plan No.
233 and has no ob3ectiohs. Sanitary sewer and valet
services should be available in this area. Prior to any
building plan ~eview got Health clearance, the following
iLems are required:
1. "Will~serve" letters from the appropriate
water and severing agencies.
Three complete sets of plans for each food
establishment viii 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) See-S1?2.
SM:dr
RIVERSIDE COUNTY
,.,,. FIRE DEPARTMENT
210 WEST SAN JACINTO AVENUE PERRIS. CALIFORNIA 92370
(714) 657-3183
GLEN J, NEWMAN
FIRE CHIEF
Oune 5~'1991
TO: CITY OF TE}tECULA
ATTN: PLANNING DEPT
RE: PLOT pLAN 233
~ith 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/er
recognized fire protection standards:
The Fire Department is required to set a minimum fire flow for
the remodel or construction of all co~ercisl buildings using the
procedure established in Ordinance 546.
2. The existing on-site water system, with appropriately spaced fire
hydrants, will provide adequate fire flow for the proposed building.
3. Install panic hardware, high and floor level, exit signs as per
Chapter 33 of the Unifo~ Building Code.
Install portable fire extinguishers with a minimum rating of 2A-LOBC.
Contact a certified extinguisher company for proper placement of equipment.
Install a hood duct fire extinguishing system. Contact a certified fire
protec~ion company for proper placement. Plane must be approved by the
Fire Department prior to installation.
Prior to the issuance of buildin8 per~ics, the developer shall deposit,
with the City of Temecula, a check or money order equaling the su~ of
2~¢ per square foot as mitigation for fire protection impacts. This
amount must be submitted separately from the plan check review fees.
?. Final conditions will be addressed when building plans are reviewed in
the Building and Safety Office.
PLANNING DIVISION
r-J TrddECULA OFLqCE
41002 Coun~ C~ntc~ nrl w., Suhc 125, Temc~ula, CA
(714) 694-S070 · FAX (?14) 6945076
PLOT PLAN 233 PAGE 2
All questions regarding the meaning of conditions shall be referred to
the Planning and Engineering staff.
RAYMOND H. REGIS
Chief Fire Department Planner
By
Mlcheal E. Gray, Fire Captain Specialist
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