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HomeMy WebLinkAbout91-014 CC ResolutionRESOLUTION NO. 91-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF REVISED VESTING TENTATIVE TRACT MAP 23143 AMENDED NO. 4 AND CHANGE OF ZONE 5535 TO SUBDIVIDE A 459 ACRE PARCEL INTO 1,026 SINGLE FAMILY RESIDENTIAL LOTS AND 68 OPEN SPACE LOTS LOCATED SOUTH OF PAUBA ROAD AND EAST OF BUTTERFIELD STAGE ROAD AND KNOWN AS ASSESSOR'S PARCEL NOS. 926-760-001 through 005 AND 926-770- 001 THROUGH 003 WHEREAS, Taylor-Woodrow Homes Filed Revised Vesting Tentative Tract Map No. 23143 and Change of Zone No. 5535 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Tentative Tract Map and Change of Zone application was processed in the time and manner prescribed by State and local law; WItEREAS, the Planning Commission considered said Tentative Tract Map on December 17, 1990, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission heating, the Commission recommended approval of said Tentative Tract Map and Zone Changes; WHEREAS, the City Council considered said Tentative Tract Map on January 22, 1991, at which time interested persons had an opportunity testify either in support or opposition; WItF. REAS, at the conclusion of the Council heating, the Council approved said Tentative Tract Map and Change of Zone; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLE, DETERMINE AND ORDER AS FOLLOWS: 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 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. Resos 91-14 -1- 2. The City Council 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 Tentative Tract Map and Change of Zone are consistent with the SWAP and meets 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 City Council finds, in recommending approval of 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 Revised Vesting Tentative Tract Map No. 23143 and Change of Zone No. 5535 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 complies with all other applicable requirements of state law and local ordinances. D. 1. Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be approved unless the following findings are made: a. That the proposed land division is consistent with applicable general and specific Resos 91-14 -2- plans. b. That the design or improvement of the proposed land division is consistent with applicable general and specific plans. c. That the site of the proposed land division is physically suitable for the type of development. d. That the site of the proposed land division is physically suitable for the proposed density of the development. e. That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. f. That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. g. That the design of the proposed land division or the type of improvements will not 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. 2. The City Council in recommending approval of the proposed Tentative Tract Map, makes the following findings, to wit: Revised Vesting Tentative Tract Map No. 23143 Amended No. 4 a. The proposed density is consistent with the Southwest Area Plan land use designation. The proposed density of 3.1 units per acre is within the range of the SWAP designation of 2-4 units per acre. b. The proposed Revised Vesting Tentative Tract Map is compatible with surrounding zoning, existing land uses in the vicinity, and approved projects. The proposed R-4 portions of the project, which includes the smaller lots, abuts Specific Plan No. 219, 2-5 dwelling units per acre west of the site. The lots abutting the R-A zone north of the site are substantially larger than 7,200 square foot minimum lot size in the R-1 zone (11,000 square feet or more) and a large open space area provides a buffer 150-300 feet deep along the north side of the site. Future development of the remainder portion on the east side of the site will conform to R-A- 2 1/2 acre and R-A-5 acre zoning to ensure compatibility with the R-A-5 acre zoning to ensure compatibility with the R-A zone to the east. Resos 91-14 -3- c. That lot design and internal street layout are acceptable to the City Planning and Engineering Departments. All lots conform to the standards of their respective zones, and proposed street alignments are adequate to accommodate projected traffic volumes. d. Adequate public street access will be provided to every lot. The legal owner of records has offered to make all required dedications. e. Staff finds that site access will be adequate. Assessment District 159 will provide for street improvements on Pauba Road and Butterfield Stage Road, and seven (7) access points to the site are shown on the map. f. There is a reasonable probability that the project will be consistent with the City's General Plan once adopted, in that the proposed density is consistent with the Southwest Area Plan land use designation, and the revised map is compatible with surrounding zoning, existing land uses in the vicinity, and approved subdivisions. g. It is unlikely that the proposed revised tentative map will constitute a substantial detriment to the future General Plan if the proposed subdivision is ultimately inconsistent with the plan. Surrounding zoning, existing land uses, and approved subdivisions are all residential. h. The project will not have a significant adverse affect on the environment. The County of Riverside Board of Supervisors certified EIR No. 230 in conjunction with the approval of Vesting Tentative Tract Map No. 23143 Amended No. 3. Revised Vesting Tentative Tract Map 23143 Amended No. 4 and Change of Zone No. 5535 will not result in any new or substantially increased environmental impacts. I. The proposed project makes adequate provision for future passive or natural solar heating opportunities in that all proposed parcels have adequate southern exposure. j. The project meets the requirements of Ordinance 348 and 460 in that all lots conform to the minimum size and dimension requirements of the zoning code and abut upon dedicated street. k. The proposed project includes adequate dedication for public parks in that it provides for 10.2 acres of public parks and 15.3 acres of private parks which will include some facilities open to the public. 1. The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety, and welfare. m. These findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. Resos 91-14 -4- 3. The City Council in recommending approval of the Change of Zone makes the following findings, to wit: Change of Zone No. 5535 a. The proposed R-l, R-4, and R-5 zoning is consistent with the Southwest Area Plan land use designation of 2-4 dwelling units per acre. b. All proposed lots meet or exceed the minimum lot width, depth, and are requirements in the appropriate zone. c. All proposed lots have adequate building pad area and will be able to accommodate structures and meet setback requirements. d. The proposed R-4 portions of the projects are compatible with the adjacent R-1 zone Specific Plan No. 219, 2-5 dwelling units per acre, and SWAP density of 2-4 dwelling units per acre. e. The proposed zone change will not result in any significant impacts to the environment in that the revised map will have 66 fewer residential lots than Vesting Tentative Tract Map No. 23143. f. The proposed zone change is reasonable and beneficial in that the proposed R-4 lots will have an average lot size substantially greater than the minimum lot size and will be compatible with the adjacent R-1 lots. g. There is reasonable probability that the proposed zone change will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. h. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposal is ultimately inconsistent with the plan. SECTION 2. Environmental Compliance. The County of Riverside Board of Supervisors certified EIR No. 230 in conjunction with the approval of Vesting Tentative Tract Map No. 23143 Amended No. 3. Revised Vesting Tentative Tract Map. No. 23143 Amended No. 4 and Change of Zone 5535 will not result in any new or substantially increased environmental impacts. An addendum to EIR No. 230 is hereby adopted. SECTION 3. Conditions. That the City of Temecula City Council hereby approves Revised Vesting Tentative Tract Map No. 23143 Amended No. 4 and Change of Zone No. 5535 for the subdivision of a 332 acre parcel into 1,026 single family residential lots and 68 open space lots located south of Pauba Road and east of Butterfield Stage Road and known as Assessor's Resos 91-14 -5- Parcel No. 926-760-001 through 005 and 926-770-001 through 003 subject to the following conditions: 91-05. ATTEST: A. Exhibit A, attached hereto. SECTION 4. This resolution shall not take effect until the effective date of Ordinance No. PASSED, APPROVED AND ADOPTED this 29th day of January, 1991. Ronald J. Parks, Mayor JunC~k, City Clerk~~') Resos 91-14 -6- 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 91-14 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 29th day of January, 1991, by the following vote: AYES: 5 C OUNCILMEMBERS: Birdsall, Lindemans, Moore Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Resos 91-14 -7-