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HomeMy WebLinkAbout96-031 CC Resolution RESOLUTION NO. 96-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 95-0113 TO DELETE CONDITIONS OF APPROVAL FOR PARCEL MAP 23969 KNOWN AS ASSESSOR'S PARCEL NO. 940-310-044, 045, 046, 047, & 048 VMEREAS, First Pacific National Bank filed Planning Application No. PA 95-0113 in accordance with the City of Temecula General Plan and Riverside County Land Use and Subdivision Ordinances, which the City has adopted by reference; VMEREAS, Planning Application No. PA95-0113 was processed in the time and manner prescribed by State and local law; V,;HEREAS, the City Council previously approved Tentative Parcel Map 23969 on September 25, 1990 at a duly noticed public hearing as prescribed by law, at which time interested persons had an opportunity to testify either in support or opposition; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findinp-s. A. The City Council in approving Planning Application No. PA95-0113, makes the following findings, to wit: 1 . That the conditions of approval to improve Pujol Street, which are proposed to be deleted, do not provide a direct benefit to the property owner of record. 2. That the conditions of approval to improve Pujol Street, that are proposed to be deleted, would riot typically be required by the City of Temecula. 3 . That the proposal to delete said conditions of approval would not create a situation that would be inconsistent with the General Plan for the City of Temecula. 4. That the proposal to delete said conditions of approval is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 5. That the proposal to delete said conditions of approval is not likely to cause serious public health problems. Resos%96-31 6. That the proposal to delete said conditions of approval is not likely to cause conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. B. As conditioned pursuant to Section 3, Planning Application No. 95-0113, as proposed, is compatible with the health, safety and welfare of the community. Section 2. Environmental Compliance. An Initial Environmental Assessment was prepared for this project and it was determined that the project would have no effect on the environment and was therefore exempt from requirements of the California Environmental Quality Act per Section 15061(3). Section 3. Conditions. That the City of Temecula City Council hereby approves Planning Application No. PA95-0113 to delete condition of approval No. 21, 22, and 23 for Parcel Map 23969 on property known as Assessor's Parcel Nos. 940-310-044, 045, 046, 047, 048. A. Exhibit A, attached hereto, and incorporated herein by this reference and made a part hereof. Section 4. The City Clerk shall certify the adoption of this Resolution. Section 5. PASSED, APPROVED AND ADOPTED this 12th day of March, 1996. Karel F. Lindemans, Mayor ATTEST: Ju@S) Greek, CMC City Clerk [SEAL] Resos\96-31 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) 1, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the Resolution No. 96-31 was duly and regularly adopted by the City Council of the City of Temecula at an adjourned regular meeting thereof, held on the 12th day of March, 1996, by the following vote, to wit: AYES: 4 COUNCILMEMBERS: Birdsall, Ford, Stone, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Roberts City Clerk R"m\96-31 3 CITY OF TEMECULA CONDITIONS OF APPROVAL Parcel Map No. 23969 Commission Approval Date: Expiration Date: Planninq Department The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officers, and employees from any claim, action, or proceedin9 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 o'r- legislative body concerning Tentative Parcel Map No. 23969, which action is brought within the time period provided for in California Government Code Section 66499.:37. The City of Temecula will promptly notify the subdivider 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 subdivider of any such claim, action, or proceedin9 or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. The tentative parcel map shall conform to the requirements of Ordinance ~60, Schedule E, unless modified by the conditions listed below. This approved tentative parcel map will expire two years after the City Council approval date unless extended as provided by Ordinance ~60. o The final map shall be prepared by a registered civil engineer or licensed land surveyor subject to all the requirements of the State of California Subdivision Map Act, Subdivision .Ordinance ~60. All road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such offers. All dedications shall be free from .all encumbrances as approved by the City Engineer. Street names shall be subject to approval of the City Engineer. Easements, when required for roadway slopes, drainage facilities, utilities, etc., shall be shown on the final map if within the land division boundary. All offers of dedication shall provide for nonexclusive public road and utility access. All easements, offers of dedication and conveyances shall be submitted and recorded as directed by the City Engineer. o Legal access as required by Ordinance ~60 shall be provided from the parcel map boundary to a City maintained road. All delinquent property taxes shall be paid prior to recordation of the final map. Prior to any grading, a Grading Plan in compliance with the Uniform Building Code shall be submitted to the City Department of Building and Safety. STFRPT\PM23969. A 1 The subdivider shall comply with the street improvement recommendations outlined in the Office of Road Commissioner and County Surveyor's letter dated April 2, 1990, a copy of which is attached. All items of the letter shall comply except for No.'s 3 and 6. 10. 11. The subdivider shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated May 22, 1989. a copy of which is attached. The subdivider shall comply with the flood control recommendations 0utlined in the Riverside County Flood Control District's letter dated June 7, 1989, a copy of which is attached. If the land division lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula L-and Division Ordinance 460, appropriate fees for the construction of area drainacje facilities shall be collected by the City prior to recordation of the final map or waiver of parcel map. 12. The subdivider shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated March 3, 1990, a copy of which is attached. 13. The subdivider shall comply with the recommendations outlined in the Building and Safety Department: Land Use Section's transmittal dated March 8, 1990, a copy of which is attached. 15. The subdivider shall comply with the recommendations outlined in the Building and Safety Department: Grading Section's transmittal dated July 14, 1989, a copy of which is attached. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy, as outlined in the Southwest Area Plan. 16. The subdivider shall comply with the recommendations outlined in the Eastern Municipal Water District transmittal dated May 16, 1989, a copy of which is attached. 17. The subdivider shall comply with the recommendations outlined in the Southern California Edison Company transmittal dated May 24, 1989, a copy of which is attached. 18. Prior to recordation of this map, a reciprocal access acjrccment shall be recorded for Parcels 2 and 3. 19. Prior to recordation of this map, a signing and striping plan along with a street improvement plan shall be approved by the City Engineer. 20. Prior to 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, in the amount in effect at the time of payment of STFRPT\PM23969. A 2 21. 22. GR^D 25. 26, 27. 28. 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 buildin9 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 l assumincj benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. Prior to occupancy, Pujol Street shall be improved with concrete curb and gutter, (on the south side) located 16 feet from centerline with 32 feet of asphalt concrete paving in accordance with Riverside County Standard 106, Section "A" (32'/50). Dedication shall be made on Pujol Street to provide for a full 50 foot right-of- way in accordance with Riverside County Standard 106. Section "A" [32'/50) prior to final map. Prior to occupancy. a Riverside County Standard 810 barricade shall be constructed at the west end of Pujol Street. The applicant shall not be required to construct a sidewalk on Pujol Street adjacent to Parcel Map No. 23969. INC: Prior to the issuance of grading permits, the applicant shall comply with Ordinance No. 663 by payin9 the fee required by that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fees required under the Habitat Conservation Plan as implemented by City Ordinance or resolution. Grading plans shall conform to the Hillside Development Standards as presented in the Riverside County Comprehensive General Plan. All cut and/or fill slopes, Or individual combinations thereof. which exceed ten feet in vertical height shall be modified by an appropriate combination of a special terracing {benchin9) plan, increased slope ratio {e.g. 3:1). retain walls. and/or slope plantin9 combined with irrigation. All driveways shall not exceed a 15% grade. Prior to the issuance of grading and/or building permits, all proposed new structures on parcels shall be limited to slopes less than 26% unless otherwise approved by the Planning Director. All grading and building plans/permits shall reflect the utilization of post and beam foundations or the appropriate combination of split level pads and post and beam foundations when development is proposed on slopes of 15% or greater measured over a horizontal distance of 30 feet. All driveways shall not exceed a 15% average grade. STFRPT\PM23969.A 3 DEVELOPMENT STANDARDS: Prior to the issuance of building permits, the applicant shall obtain clearance and/or permi.ts from the following agencies- Road Department Environmental Health Riverside County Flood Control Fire Depart~ment Written evidence of compliance shall be presented to the Planning Department of Building and Safety. 30. Lots created by this subdivision shall be in conformance with the development standards of the I-P zone. 31. All lots created by this land divisi~3n shall have a minimum area of 20,000 square feet. 32. When lots are crossed by major public utility easements, each lot shall have a net usable area of not less than 3,600 square feet, exclusive of the utility easement. 33. All lot length to width ratios shall be in conformance with Section 3.8C of Ordinance [t60. 34. Prior to recordation of the final map the land divider shall execute a certificate of noncontiguous ownership. 35. Concrete sidewalks shall be constructed in this subdivision in accordance with the Standards No. [tOO and ~,01, except that sidewalk shall not be required on the south side of Pujol Street. PRIOR TO THE RECORDATION OF THE FINAL MAP: 36. Prior to the recordation of the Final Map, the following condition{s) shall be compiled with: The subdivider shall annex Tentative Parcel Map No. 23969 into the City of Temecula's Recreation and Parks District. The subdivider shall submit to the Planning Director an agreement with the City of Temecula Recreation and Parks District which demonstrates to the satisfaction of the County that the land divider has provided for the payment of parks and recreation fees in accordance with Section 10.35 of Ordinance No. 460. The agreement shall be approved by the Board of Supervisors prior to the recordation of the final map. A copy of the Environmental Constr,aints Sheet (ECS) shall be transmitted to the Planning Department for review and approval. STFRPT\PM23969, A 4 ENVIRONMENTAL CONSTRAINT SHEET CONDITIONS: 37. An Environmental Constraints Sheet IECS) shall be prepared with the final map to delineate identified environmental concerns and shall be permanently filed with th6 City. Prior to the recordation of the final map, a copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. The following notel s) shall be placed on the Environmental Constraints Sheet. "Surface alteration shall not be allowed in the delineated constraint area without additional archaeological investigation or mitigation as directed by the City of Temecula Planning Department. "This property is located within thirty {30) miles of Mount Palomar Observatory. Light and glare may adversely impact operations at the Observatory. Outdoor lighting shall be from low pressure sodium lamps that are oriented and shielded to prevent direct illumination above the horizontal plane passing through the luminare." Indicate the availability of domestic water services to the subject property as of the date of recordation of the final map. de The following note shall be placed on the final map: "Constraints affecting this property are shown on the accompanying Environmental Constraints Sheet, the original of which is on file at the office of the Riverside County Surveyor. No building permits shall be issued by the City of Temecula for any building in Parcel Map No. 23969 until the developer or the developer's successors-in-interest or assignees, provides evidence of compliance with the terms of said agreement for the financing of public facilities. STF R PT\PM23969. A 5 811~tTw[ I[~VlCti Riverside ¢ount~ ~oad ~epartme~t P.O. Box 1090 Riverside, CA 92502 May 24. 1989 ArCh: Subdivision Section: SUBJECT: Tentative Parcel Map No. 23'969 Please be advised that the division of the property shown on Tentative Parcel Map No. 23969 will not unreasonably interfere with the free and complete exercise of any easement(s) held by -outhem California Edison Company within the boundaries of said entative parcel map. This letter should not be construed as a subordination of the Company's rights, title and interest in and to said easement(s), nor should this letter be construed as a waiver of any of the provisions contained in said easement(s) or a waiver of costs for relocation of any affected facilities. In the event that the development requires teloration of facil- ities, on the subject property, which facilities exist by right of easement or otherwise. the owner/developer will be requested to bear the cost of such teloration and provide Edison with suitable replacement rights. Such costs and replacement rights are required prior to the performance of the teloration. If additional information is required in connection.vi~h the above mentioned subject, please call me at (213) 491-2644. REGIONAL M.AN. AGE~ Real Properties Agent 18455pmh Riverside County Planning Dept. Markham & Associates ATTN: Patti Nahill