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HomeMy WebLinkAbout91-031 CC ResolutionRESOLUTION NO. 91-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FIRST EXTENSION OF TIME FOR TENTATIVE PARCEL MAP 23335 A SIX (6) PARCEL COMMERCIAL SUBDIVISION OF 10.18 ACRES LOCATED NORTH OF JUNCTION OF WINCHESTER ROAD AND YNEZ ROAD AND KNOWN AS ASSESSOR'S PARCEL NOS. 910-110-029, 031, AND 910-180-018 WHEREAS, Bedford Properties Inc. filed the Time Extension in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Time Extension application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Time Extension on February 25, 1991, 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 Time Extension. WHEREAS, the City Council conducted a public hearing pertaining to said Time Extension on March 26, 1991, at which time interested person had opportunity to testify either in support or opposition to said Time Extension; and opportunity to testify either in support or opposition to said Time Extension; and WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding the Time Extension; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findings. That the Temecula City Council hereby makes the following findings: A. Pursuant to Government Code Section 65360, 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: Resos 91-31 -1- 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: a. There is a reasonable probability that the Time Extension 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 Time Extension is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: general plan. 1. The City is proceeding in a timely fashion with a preparation of the 2. The City Council fmds, in approving projects and taking other actions, including the issuance of building permits, pursuant to this rifle, each of the following: a. There is a reasonable probability that the Time Extension 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 complies with all other applicable requirements of state law and local ordinances. Resos 91-31 -2- D. 1. Pursuant to Section 18.30 (c), no Time Extension 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 proposed subdivision does not affect the general health, safety, and welfare of the public. 2. The City Council, in approving the proposed Time Extension, makes the following findings, to wit: a. There is a reasonable probability that Tentative Parcel Map No. 23335 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 project is consistent with existing site development standards in that it proposes articulated design features and site amenities commensurate with existing and anticipated commercial development standards. b. There is not a likely probability of substantial detriment to or interference with the future and adopted general plan, if the proposed use or action is ultimately inconsistent with the plan, due to the fact that the project is in conformance with existing and anticipated land use and design guidelines standards. c. The proposed use or action complies with state planning and zoning laws, due to the fact that the proposed use conforms with those uses listed as "allowed" within the project sit's existing C-P-S (Scenic Highway Commercial) land use designation. 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 density, due to the fact that; adequate area is provided for all proposed facility structures; adequate landscaping will be provided along the project's public and private frontages; and the internal circulation plan should not create traffic conflicts as design provisions will be in conformance with adopted City standards. e. The project, as designed and conditioned, will not adversely affect the public health or welfare, due to the fact that the conditions stated in the approval are based on mitigation measures necessary to reduce or eliminate potential adverse impacts of the project. f. Tentative Parcel Map No. 23335 is compatible with surrounding land uses. The density creates a compatible physical relationship with adjoining properties, due to the fact that the proposal is similar in compatibility with surrounding land uses; and has adequate area in order to provide for siting of proposed development. Resos 91-31 -3- 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, due to the fact that the proposed project is consistent with the current zoning of the subject site (C-P-S; Scenic Highway Commercial) and also consistent with the adopted Southwest Area Community Plan (SWAP) designation of Commercial. h. The project, as designed and conditioned, will not adversely affect the built or natural environment as determined in the Negative Declaration adopted by the County for the project, due to the fact that impact mitigation is realized by conformance with the project's Conditions of Approval. E. As conditioned pursuant to Section 2, the Time Extension proposed conforms to the logical development of its proposed site, and is compatible with the present and future development of the surrounding property. SECTION 2. Conditions. That the City of Temecula City Council hereby approved The First Extension of Time for Tentative Parcel Map 23335 for a six (6) parcel Commercial Subdivision of 10.18 acres located north of the junction of Winchester Road and Ynez Road and known as Assessor's Parcel Nos. 910-110-029, 031, and 910-180-018 subject to the following conditions: A. Attachment A, attached hereto. SECTION 3. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 26th day of March, 1991. Ronald J. Parks, Mayor ATI'EST: June~~k, City Cle';k -- [SEAL] Resos 91-31 4- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I ItEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 26th day of March, 1991 by the following vote of the Council: AYES: 5 COUNCIL MEMBERS: Birdsall, Moore, Lindemans, Mufioz, Parks NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Jufie_Sd.C~eek, City Clerk Resos 91-31 -5- ATTACHMENTII CITY OF TEMECULA ADDITIONAL CONDITIONS OF APPROVAL Tentative Parcel Map No. 23335 Commission Approval Date: Expiration Date: Planninq Department Unless previously paid, prior to the issuance of a grading permit, the applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forti~ in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Halbitat Conservation Plan as implemented by County ordinance or resolution. o Prior to any construction on the area shown as remainder, the applicant shall file for a Certificate of Compliance with the Planning Department. This conditionally approved extension of time for Tentative Parcel Map No. 23335 will expire one year after the original expiration date, unless extended as provided by Ordinance 460. The expiration date is October 4, 1991. Enqineerinq 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. The Developer shall comply with the State of California Subdivision Map Act, and all applicable City Ordinances and Resolutions. The final map shall be prepared by a licensed land surveyor or registered Civil Engineer, subject to all the requirements of the State of California Subdivision Map Act and Ordinance No. 460. STAFFRPT\TPM23335 9 PRIOR TO RECORDATION OF THE FINAL MAP: 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; CATV Franchise; and CalTrans. o Prior to recordation of the final map, the developer shall provide evidence that Assessment District 161 will construct the improvements on Winchester Road, in accordance with County Standard 100, Section A 1110'/134'1. In the event that the Assessment District 161 will not construct the improvements, the developer shall be required to construct or bond for the required improvements. o Sufficient right-of-way along Winchester Road shall be confirmed to exist or conveyed for public use to provide for a public street for public use to provide for a 67 foot half width right-of-way. Corner property line cut off shall be required per Riverside County Standard No. 805. 10. A declaration of Covenants, Conditions and Restrictions ICCF~R'sl shall be prepared by the developer and submitted to the Director of Planning, City Engineer and City Attorney. The CC&R's shall be signed and acknowledged by all parties having any record title interest in the property to be developed, shall make the City a party thereto, and shall be enforceable by the City. The CC&R's shall be reviewed and approved by the City and recorded. The CC&R's shall be subject to the following conditions: a. The CC&R's shall be prepared at the developer's sole cost and expense. The CC&R's shall be in the form and content approved by the Director of Planning, City Engineer and the City Attorney, and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interest of the City and its residents. Co The CC&R's and Articles of Incorporation of the Property Owner's Association are subject to the approval of the Planning a~d Engineering Divisions and the City Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. STAFFRPT\TPM23335 10 The CC&R's shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas and facilities. eo The CC&R's shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. fo The CC&R's shall provide that if the property is not maintained in the condition required by the CC&R's, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&R's or the City ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives or parking areas shall be provided by CC&R's or by deeds and shall be recorded concurrent with the map or prior to the issuance of building permit where no map is involved. 11. County Road Condition Number 14 shall be deleted. 12. Prior to recordation of the final map, the developer shall deposit with the Engineering Department a cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. 13. The developer shall record an Environmental Constraint Sheet delineating the area within the 100-year floodplain. PRIOR TO ISSUANCE OF GRADING PERMITS: 14. 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. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 15. Construct full street improvements including but not limited to, gutter, A.C. pavement, sidewalk, drive approaches, parkway street lights on all interior public streets. curb and trees and STAFFRPT\TPM23335 11 16. 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 FIR/Negative Declaration for the project, 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. Developer understands that said Agreement may require the payment of fees in excess of those now estimated l assuming benefit to the project in the amount of such feesl and specifically waives its right to protest such increase. Transportation Enqineerinq PRIOR TO RECORDATION OF THE FINAL MAP: 17. A signing and striping plan shall be designed by a registered Civil Engineer and approved by CalTrans and the City Engineer for Winchester Road and Ynez Road, and shall be included in the street improvement plans. 18. Prior to designing any of the above plans, contact CalTrans and City Transportation Engineering for the design requirements. PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS: 19. 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: 20. All signing and striping shall be installed per the approved signing and striping p~an. 21. All Conditions of Approval stated in the County Road Department letter dated June 23, 1988 shall still apply to this project. STAFFRPT\TPM23335 12