HomeMy WebLinkAbout91_083 PC ResolutionRESOLUTION NO. 91-083
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLOT PLAN NO.
230 TO CONSTRUCT A 7,855 SQUARE FOOT
RESTAURANT ON A PARCEL CONTAINING 1.65 ACRES
LOCATED AT 27590 JEFFERSON A AND KNOWN AS
ASSESSOR'S PARCEL NO. 910-130-024-6.
WHEREAS, Paragon Steakhouse Restaurants Inc., filed Plot Plan No. 230
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:
SECTION 1. F_b3dJ[:tl~. 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:
STAFFRPT~230.PP
7
(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. 230 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.
STAFFRPT~2.30.PP
8
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. 230 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
Commercial.
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 Commemial, and the permitted
uses of the surrounding area.
c)
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.
STAFFRPT~?.30. PP
9
d)
e)
f)
g)
h)
i)
J)
k)
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, 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
performed for Plot Plan No. 18.
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.
That said findings are supported by minutes,
maps, exhibits and environmental documents
associated with these applications and herein
incorporated by reference.
STAFFRPT~2.30.PP
lO
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 was performed for this project which determined that
although the proposed project could have a significant effect on the
environment, no significant impact would result to the natural or built
environment in the City because the mitigation measures described in the
Conditions of Approval which have been added to the project, and a
Negative Declaration has been recommended for adoption.
That the City of Temecula Planning Commission hereby approves Plot Plan
No. 230 to construct a 7,855 square foot restaurant located at 27590 Jefferson Avenue
and known as Assessor's Pamel No. 910-130-024-6 subject to the following conditions:
A. Exhibit II, attached hereto.
PASSED, APPROVED AND ADOPTED this 19th day of August 1991.
Gary I, 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~230.PP
11
ATTACHMENT II
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Plot Plan No:
Project Description:
Assessor's Parcel No.:
Construction of a 7855 sq.
ft. restaurant on
approximately 1.34 acres.
The use hereby permitted by this plot plan is for the construction of a Hungry
Hunter restaurant on approximately 1.34 acres located on the east side of
Jefferson Avenue between Winchester Road and Overland Drive and known as
Assessor's Parcel No. 910-130-024-6.
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. 230. 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 230 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 Department's Conditions of
Approval which are included herein.
STAFFRP~2.30.PP
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10.
11.
12.
Water and sewerage disposal facilities shall be installed in accordance with the
provisions set forth in the Riverside County Health Department's transmittal dated
May 21, 1991, a copy of which is attached.
Prior to building occupancy, the applicant shall submit to the Planning Department
a Share Parking Agreement.
Fire protection shall be provided in accordance with the appropriate section of
Ordinance No. 546 and the County Fire Department's transmittal dated July 16,
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 plan for the subject project shall
include pine trees along the east side of the building. 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 three (3) 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 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.
STAFFRPT~2.30.PP
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13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
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 Exhibits
C and D.
Prior to building occupancy, the applicant shall submit to the Planning Department
a request for a Lot Line Adjustment for the northeast property line of the subject
site.
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.
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.
Three (3) 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~230.PP
14
23.
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.
24.
All utilities, except electrical lines rated 33ky or greater, shall be installed
underground.
25.
All of the foregoing conditions shall be complied with prior to occupancy or any use
allowed by this permit.
26.
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).
En_nineerin_o 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 ail 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:
27.
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;
STAFFRPT~230. PP
15
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
Riverside County Health Department;
CATV Franchise; and
Parks and Recreation Department.
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.
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.
A Geological Report shall be prepared by a qualified engineer or geologist and
submitted at the time of application for grading plan check.
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.
No grading shall take place prior to the improvement plans being substantially
complete, appropriate clearance letters and approval by the City Engineer.
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.
All site plans, grading plans, landscape and irrigation plans, and street
improvement plans shall be coordinated for consistency with approved plans.
A lot line adjustment shall be processed and recorded and a copy provided to the
City Engineer.
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.
Existing city roads requiring construction shall remain open to traffic at all times
with adequate detours during construction.
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:
gutter, sidewalks, drive approaches, signing, and
devices as appropriate.
pavement, curb and
other traffic control
STAFFRPT~30.PP
16
b. Drainage facilities.
c. Landscaping (street and parks).
d. Sewer and domestic water systems.
Undergrounding of existing and proposed utility distribution lines if
necessary.
39.
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.
40.
Drainage calculations shall be submitted to and approved by the City Engineer. All
drainage facilities shall be installed as required by the City Engineer.
41.
Adequate provisions shall be made for acceptance and disposal of surface
drainage entering the property from adjacent areas.
42.
All concentrated drainage directed toward the public street shall be diverted
through the undersidewalk drains.
PRIOR TO ISSUANCE OF BUILDING PERMIT:
43.
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.
44.
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.
45.
Private drainage easements for cross-lot drainage shall be required and shall be
recorded.
46. Both access driveways at Jefferson Avenue shall be a minimum of 36' in width.
47.
The developer shall provide an easement for ingress and egress over the property
for shared access with adjacent properties.
48.
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 Certificates of Occupancy.
STAFFRP%230.PP
17
49.
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 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; ¢zr.Q.v. Jc[P~ 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:
A minimum flowline grade shall be 0.50 percent.
50.
Improvement plans per City Standards for the private parking areas and drives
shall be required for review and approval by the City Engineer.
51.
AIl 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).
52.
Street lights shall be provided along streets adjoining the subject site in
accordance with the standards of Ordinance No. 461 and as approved by the City
Engineer.
53.
Concrete sidewalks shall be constructed along all public street frontages in
accordance with Riverside County Standard Nos. 400 and 401.
54.
Improvement plans shall be based upon a centerline profile extending a minimum
of 300 feet beyond the project boundaries at a grade and alignment as approved
by the City Engineer.
55. Parking space overhang shall not be over paved walkway areas.
56.
Construct ali street improvements including but not limited to curb and gutter, A.C.
pavement, sidewalk, drive approaches, parkway trees and street lights per the
approved plans.
STAFFRPT~230.PP
18
TO:
FROM:
RE:
County of Riverside
DEPARTMENT OF HEALTH,,L,..~: :~
DATE:
F'LOT F'LAN ?,!0. 2?0
05-21-91
~rvlce~ ~hc, ttld b~ ~.Villabie ~n %hi~ ac~., Frior to any
building plan submlt%alz, the f~llowing ltem~ w:l! be
"wii~--. :e.-"~"~. !~.tter~ from the i~rc~or~te. .
~,;3%e£ ar.d .~ev,'erir, g agencies,
Three templet~- ~e%~ of plans for each fccd
~s,'.abll~hment will b% ~ubmitted. including a
fi:.:tur~ ~chedule. a flni~h ~,:hedule, and
F'.D: d r
RIVERSIDE COUNTY
FIRE DEPA . TMENT
210 WEST SAN JACINTO AVENUE FERRI$, CALIFORNIA 923'/0
(714) 657-3183
GLEN I. NEWMAN
FIRE CHIEF
.July 16, 1991
TO: CITY OF TEMECULA
ATTN: PLANNING DEPT
RE: PLOT PLAN 230 AMENDED #1
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:
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.
The existing water system, with fire hydrants as shown on the Plot
Plan, will be capable of providing the 2500 GPM fire flow necessary
for the proposed project.
Install a complete fire sprinkler system in all buildings. 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.
Install a supervised waterfow monitoring fire alarm system. Plans
must be submitted to the Fire Department for approval prior to
installation, as per UBC,
5. A statement that the building will be automatically fire sprlnklered
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 signs are required by
Section 3314(a).
7. Install portable fire extinguishers with a minimum rating of 2A-10BC.
Contact a certified extinguisher company for proper placement of equipment.
PLANNING DIVISION
Plot Plan 230AMENDED #1
Page 2
Install a hood duct firs extinguishing system. Contact a certified fire
protection company for proper placement. Plans must be approved by the
Fire Department prior to installation.
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¢ per square foot as mitigation for fire protection impacts. This
amount must be submitted separately from the plan check review fees.
10.
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.
11. Final conditions will be addressed when building plans are reviewed in
the Building and Safety Office.
Ail questions regarding the meaning of conditions shall be referred to
the Planning and Engineering staff.
RAYMOND E. REGIS
Chief Fire Department Planner
By
Micheal E. Gray, Fire Captain Specialist
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