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HomeMy WebLinkAbout92-12 CC ResolutionRESOLUTION NO. 92-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLOT PLAN NO. 242 TO PERMIT CONSTRUCTION OF THREE (3) INDUSTRIAL BUILDINGS TOTALLING 104,577 SQUARE FEET LOCATED AT THE SOUTHEAST CORNER OF RANCHO WAY AND BUSINESS PARK DRIVE WHEREAS, Coastline Equity, Inc. filed Plot Plan No. 242 in accor~ce with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WlffEREAS, said Plot Plan application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Plot Plan on January 27, 1992, at which time interested persons had an opportunity to testify either in support or opposition; WItEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Plot Plan; WB1ZREAS, the City Council conducted a public hearing pertaining to said Plot Plan on February 25, 1992, at which time interested persons had opportunity to testify either in support or opposition to said Plot Plan; and WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding the Plot Plan; WHEREAS, as the conclusion of the City Council hearing, the City Council recommended approval of said Plot Plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION findings: 1. Findings That the Temecula City Council hereby makes the following 1. 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: R¢~o92-12 -1- A. The city is proceeding in a timely fashion with the preparation of the general plan. B. The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: (1) 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. (2) 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. (3) The proposed use or action complied with all other applicable requirements of state law and local ordinances. 2. 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 or 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. 3. The proposed Plot Plan is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: general plan. The City is proceeding in a timely fashion with a preparation of the B. The City Council finds, in approving projects and taking other actions, including the issuance of building permits, pursuant to this rifle, each of the following: (1) There is reasonable probability that Plot Plan No. 242 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (2) 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. Re~o92-12 -2- (3) The proposed use or action complies with all other applicable requirements of state law and local ordinances.. 4. 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. findings, to wit: The City Council, in approving the proposed Plot Plan, makes the following A. There is a reasonable probability that Plot Plan No. 242 will be consistent with the City's future adopted General Plan, which will be completed in a reasonable time and in accordance with State law. Plot Plan No. 242 is a industrial project. The proposed site is designated as Light Industrial by SWAP. 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. If the proposed use is inconsistent, it will not be detrimental because of the industrial nature of surrounding uses. C. The proposed use or action complies with State planning and zoning laws. The proposed use complies with local planning and zoning laws which are prepared in conformance with State planning and zoning laws. D. 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. The proposed plot plan is in conformance with Ordinance 348. E. The project as designed and conditioned will not adversely affect the public health or welfare. Potential impacts are mitigated to a level of non-significance under the Initial Study and Conditions of Approval. Rcso92-12 -3- F. 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, through appropriate building mass reduction techniques and landscape installation, and distance from planned adjacent structures. G. 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 to the existing M-SC zoning and SWAP Light Industrial designation. H. The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic. The project will take access from Rancho Way and Business Park Drive. I. The design of the project, the type of improvements, and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project. The project has adequate circulation throughout the entire site. CC&R's will be recorded which will ensure access. J. Said findings are supported by minutes, maps, exhibits and environmental documents associated with these applications and herein incorporated by reference. This Staff Report contains mapping, Conditions of Approval, and an Initial Study which support the Staff recommendation. 6. As conditioned pursuant to SECTION 3, the Plot Plan proposed conforms to the logical development of its proposed site, and its compatible with the present and future development of the surrounding property. SECTION 2. Environmental Compliance An Initial Study prepared for this project indicates that the proposed project will not have a significant impact on the environment, and a Negative Declaration, therefore, is hereby granted. SECTION 3. Conditions That the City of Temecula City Council hereby approves Plot Plan No. 242 for the operation and construction of three (3) industrial buildings totalling 104,577 square feet located at the southeast comer of Rancho Way and Business Park Drive subject to the following conditions: 1. Attachment No. 2, attached hereto. Re~o92-12 4- SECTION 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 25th day of February, 1992. Patricia H. Birdsall, Mayor ATTEST: u~~. Greek, City CI~~ [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 92-12 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 25th day of February, 1992, by the following roll call vote. AYES: 5 COUNCILMEMBERS: Parks, Lindemans, Munoz, Moore, Birdsall None None NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: reek, City ~'lerk R¢~o92-12 -5- ATTACHMENT NO. 2 CONDITIONS OF APPROVAL S\STAFFRPT\26664-2.CC 9 CITY OF TEMECULA CONDITIONS OF APPROVAL Plot Plan No. 242 Project Description: An application to construct three (3) buildings totalling 104,577 square feet Assessor's Parcel No. 921-020-037 PLANNING DEPARTMENT The use hereby permitted by this plot plan is for the construction of three industrial buildings totalling 104,577 square feet. 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 board, or legislative body concerning Plot Plan No. 242. The City of Temecula will promi~dy 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 25, 1994. The development of the premises shall conform substantially with that as shown on Plot Plan No. 242 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. 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. The applicant shall comply with the Engineering Department's Conditions of Approval which are included herein. S\STAFFRPT~26664- 2.CC 1 0 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 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 Public Works Department Environmental Health Rancho Water District School District Riverside County Flood Control Fire Department Eastern Municipal Water District A Plot Plan application for a Sign Program shall be submitted and approved by the Planning Director prior to occupancy construction of any sign. (Condition amended at the Planning Commission meeting on January 27, 1992.) Building elevations shall be in substantial conformance with that shown on Exhibit "F". Materials used in the construction of all buildings shall be in substantial conformance with that shown on Exhibit "F" (Color Elevations). 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. This project is located within a subsidence or liquefaction zone. Prior to issuance of any building permit by the Department of Building and Safety, a California Licensed Soils Engineer or Geologist shall submit a report to the Building and Safety Department identifying the potential for liquefaction or subsidence. Where hazard of liquefaction or subsidence is determined to exist, appropriate mitigation measures must be demonstrated. 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) (the number of single family residential units on lots which are a minimum of one-half (1/2) gross acre in size). 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. Twelve Class II bicycle racks shall be provided in convenient locations as approved by the Planning Director to facilitate bicycle access to the project area. S~STAFFRPT~26664- 2.CC 1 2 25. 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. 26. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. 27. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 28. The developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the developer shall at least 1 20 days prior to submittal for building permit, enter into an agreement to complete the improvements pursuant to Government Code Section 66462 at such time as the City acquires the property interests required for the improvements. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the project. Security for a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. 29. 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). 30. A six (6) foot high painted concrete wall located on the eastern portion of the site shall be a continuous wall whose length shall be that of the eastern property line. A wall plan shall be submitted to the Planning Department for approval. (Condition added at the Planning Commission meeting on January 27, 1992.) PUBLIC WORKS DEPARTMENT The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the appropriate staff person of the Department of Public Works. It is understood that the Subdivider has correctly shown on the tentative map all existing and proposed easements, traveled ways, improvements constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. S\STAFFRPT~26664- 2.CC 1 3 PRIOR 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. TO ISSUANCE OF GRADING PERMITS: Prior to issuance of a grading permit, developer must obtain a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES permit is granted or the project is shown to be exempt. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control District; City of Temecula Fire Bureau; Planning Department; Department of Public Works; Riverside County Health Department; CATV Franchise; General Telephone; Southern California Edison Company; and Southern California Gas Company. The developer shall submit two (2) prints of a comprehensive grading plan to the Department of Public Works. The plan shall comply with the Uniform Building Code, Chapter 70, and 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 Department of Public Works. 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 as directed by the Department of Public Works at the time of application for grading plan check. A grading permit shall be obtained from the Department of Public Works 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 Department of Public Works. If grading is to take place between the months of October and April inclusive, erosion control runoff mitigation plans will be required. All plans shall be submitted with appropriate notes as directed and approved by the Department of Public Works. All site improvement plans, grading plans, landscape and irrigation plans, shall be coordinated for consistency with adjacent projects. Prior to any work being performed on the private streets or drives, fees shall be paid and a construction permit shall be obtained from the Department of Public Works. S'~STAFFRP~26664--2.CC 1 4 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. Prior to any work being performed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the Department of Public Works. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Traffic control plans shall be provided as directed by the Department of Public Works and shall be prepared by a Registered Civil Engineer. Design criteria for all turning radius movements for onsite driveways shall be submitted with improvement plans. The developer shall construct or post security and an agreement shall be executed guaranteeing the construction of the following public improvements in conformance with applicable City standards. C. D. E. Any removal and replacement of improvements, including, but not limited to: pavement, curb and gutter, sidewalks, drive approaches, signing, striping, and other traffic control devices as appropriate. Storm drain facilities. Landscaping (parkway). Sewer and domestic water systems. Undergrounding of 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. If necessary, the developer shall obtain any necessary letters of approval for offsite work performed on adjacent properties as directed by the Department of Public Works. Complete drainage calculations shall be submitted to and approved by the Department of Public Works. All drainage facilities shall be installed as required by the Department of Public Works. Drainage and flood protection facilities will be required to protect all structures by diverting sheet runoff to streets, or to a storm drain, as directed by the Department of Public Works. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. The site is in an area identified on the flood hazards maps as Flood Zone B. All structures shall be protected from this hazard. S~STAFFRPT~2§§ §4- 2.CC I 5 51. PRIOR 52. 53. 54. 55. PRIOR 56. 57. 58. 59. The developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. TO ISSUANCE OF BUILDING PERMIT: A precise grading plan shall be submitted to the Department of Public Works 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. 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. 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. 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; provided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. TO ISSUANCE OF CERTIFICATION OF OCCUPANCY: A minimum flowline grade within P.C.C. gutters shall be 0.50 percent. Improvement plans per City Standards for the private streets or drives shall be required for review and approval by the Depa':..~ent of Public Works. All driveways shall conform to the applicable County of Riverside standards and shall be shown on the improvement plans in accordance with County Standard 400 and 401 (curb sidewalk). 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. S\STAFFRPT~2(~664- 2.CC 1 6 60. All driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. 61. Construct all improvements as shown on the approved plans, including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, and all artsite improvements. 62. A dcclaration of Covcnantc, Conditions and Rcstrictions (CC&R's) shall bc prcparcd by thc dcvclopor and submitted to thc Dircctor of Planning, City Enginccr and City Attorncy. The CC&R's shall bc ~igncd and acknowlcdgcd by all pertics having any record title intoroc, t in the property to bc developed, slyall makc the City a party thcrcto, and shall bc cnforccablc by the City. Thc CC&R's shall bc rcvicwcd and approved by the City and rccordcd. Thc CC&R's shall bc subjcct to thc following conditions: A. The CC&R's shall bc prepared at the dcvclopcr's solc cost and cxpcnsc. The CC&R's shall bc in the form and content approved by the Dircctor of Planning, City Engineer and the City Attorncy, and shall includc such provisions as arc rcquirod by this approval and as said officials dccm necessary to protect the intcrost of the City and its residents. Go The CC&R's and Articlcs of Incorporation of the ~oporty Owncr's Association are ,~Jbjoot to the approval of Planning, Department of Public Works, and thc City Attorney. A rccordcd copy shall bc providcd to the City. The CC&R's shall providc for thc cffcctivc cstablishmcnt, opcration, management, usc, rcpair and maintcnancc of all common areas, drainagc, and rclatcd facilitics. Thc CC&R'= shall providc that thc propcrty shall be dcvclopcd, opcratcd and maintained so as not to create a publie nuicancc. Fo The cc&n's shall provide that if the property is not maintained in the condition required by the CC&R's, then the City, after making duc demand and giving reasonable noticc, may cntcr thc property and pcrform, at thc owncr's solo cxpcnsc, any maintenance rcquircd thcrcon by the CC&R's or thc City ordinances. Thc property shall bc subject to a licn in favor of thc City to sccurc any such cxpcnsc not promptly rcimburscd. (1) All parkways, opcn areas, and landscaping shall bc pcrmancntly maintained by property owner's association or othcr moans acccptabic to thc City. Such proof of this maintcnanco shall bc submitted to Planning and the Dcpartmcnt of Publie Works prior to issuance of building permits. S\STAFFRP'~26664- 2.CC 1 7 (2) Rociprooal 3oco=s ca~cmcnt= and maintcnancc 3grccmcnt= onsuring acccss to 311 perccl= and joint maintcnanco of all roads, drivc= or perking aro.~s ch.~11 bc providcd by CC&R's or by docd= and =hall bc rccordcd prior to thc i,~,~uancc of building pcrmit whcrc no map is involvcd. (Delete this condition and replace with the following condition per Planning Commission meeting of January 27, 1992). Prior to the issuance of building permits, the developer shall submit proof of provision for maintenance and repair of all on-site drainage facilities and landscaped parkways as directed by the Department of Public Works. This condition shall be superseded by the recording of alternate C.C. & R.'s with the final map. TRANSPORTATION ENGINEERING PRIOR TO ISSUANCE OF BUILDING PERMITS: 63. Developer shall execute an agreement with the City of Temecula to contribute a fair share portion of the total construction costs for traffic signals at the following percentages: 1% for the traffic signal at Rancho California Road and Ridge Park Drive; 6% for the traffic signal at Rancho California Road and Vincent Moraga Drive. 64. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the City Engineer for Rancho Way from Diaz Road to Business Park Drive and shall be included in the street improvement plans. 65. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMtTS: 66. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the City Engineer. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 67. All signing and striping shall be installed per the approved signing and striping plan. 68. The development shall provide "stop" controls at the intersection of Rancho Way and Business Park Drive as directed by the department of Public Works. 69. Provide limited landscaping in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance visibility. S\STAFFRPT~26664- 2.CC 1 8