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HomeMy WebLinkAbout92-42 CC ResolutionRESOLUTION NO. 92-42 A RF~OLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SECOND EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 22761 TO SUBDIVIDE 28 ACRES INTO 80 SINGLE FAMH.Y RESIDENTIAL LOTS LOCATED IN THE RANCHO HIGHLANDS SPECIFIC PLAN NO. 180, AND KNOWN AS ASSESSOR'S PARCEL NO. 923-020-038 (PORTION). ~, Coleman Homes filed the Second Extension of time for Tentative Tract Map No. 22761 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Second Extension of Time for Tentative Tract Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Second Extension of Time for Tentative Tract Map on December 16, 1991, 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 recommend approval of said Second Extension of Time for Tentative Tract Map; WHEREAS, the City Council considered said Second Extension of Time for Tentative Tract Map on May 26, 1992, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Council hearing, the Council approved said Extension of Time for Tentative Tract Map No. 22761; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findines. findings: That the Temecula City Council hereby makes the following 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 decision be consistent with the general plan, if all of the following requirements are met: Resos 9242 -1- 1. The city is proceeding in a timely fashion with the preparation of the general 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 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 if state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter ~SWAW) 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 Vesting Tentative Tract Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: The City is proceeding in a timely fashion with a preparation of the general 2. 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: a. There is reasonable probability that the Second Extension of Time for Tentative Tract Map No. 22761 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 9242 -2- D. Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be approved unless the following findings are made: specific plans. That the proposed land division is consistent with applicable general and 2. That the design or improvement of the proposed land division is consistent with applicable general and specific plans. 3. That the site of the proposed land division is physically suitable for the type of the development. 4. That the site of the proposed land division is physically suitable for the proposed density of the development. 5. 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. 6. That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. 7. 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 judgement of a court of competent jurisdiction. E. The Council in approving the proposed Second Extension of Time for Tentative Tract Map No. 22761, makes the following findings, to wit: 1. There is a reasonable probability that this proposal 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 residential development standards. 2. There is not a likely 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, due to the fact that the project is in conformance with existing and anticipated land use and design guidelines standards. Rosos 9242 -3- 3. 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 zoning designation of Specific Plan 180. 4. 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 residential structures; adequate landscaping is provided along the project's public and private frontages; and the internal circulation plan should not create traffic conflicts as design provisions are in conformance with adopted City standards. 5. 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. 6. 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. 7. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the Negative Declaration for the project, due to the fact that impact mitigation is realized by conformance with the project's Conditions of Approval. 8. 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 project currently proposes access points from Ynes Road which has been determined to be adequate by the City Engineer. 9. The design of the subdivision, 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 projects, due to the fact that this is clearly represented in the site plan and the project analysis. 10. Said findings are supported by minutes, maps, exhibits and environmental documents associated with this application and herein incorporated by reference, due to the fact that they are referenced in the attached Staff Report, Exhibits, and Conditions of Approval. F. As conditioned pursuant to SECTION 3, the Second Extension of Time for Tentative Tract Map No, 22761 is compatible with the health, safety and welfare of the community. SECTION 2. F. nvironmental Compliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Conditions of 9242 -4- Approval have been added to the project, and a Negative Declaration, therefore, is hereby reaffu-med. SECTION 3. Conditions. That the City Council of the City of Temecula approving the Second Extension of Time for Tentative Tract Map No. 22761 to subdivide 28 acres into 80 Single Family Residential lots located in the Rancho Highlands Specific Plan No. 180, and known as Assessor's Parcel No. 923-020-038 (portion) subject to the following conditions: Riverside County Conditions of Approval dated August 16, 1989. City of Temecula Conditions of Approval dated July 18, 1991. City of Temecula Conditions of Approval dated May 26, 1992. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED AND ADOPTED, this 26th day of May, 1992. Patricia H. Birdsall, Mayor ATTEST: June~a~k, City Clerk [SEAL] Resos 9242 -5- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF TEMECULA ) SS I HEREBY CERTIFY that the foregoing Resolution No. 92-42 was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 26th day of May, 1992 by the following vote of the Council; 4 COUNCILMEMBERS: Lindemans, Moore, Parks, Birdsall NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Mufioz R~aoa 92-42 -6- ATTACHMENT NO. 2 CONDITIONS OF APPROVAL (AM'ENDEI~ BY PLANNING COMMISSION, DECEMBER 16, 1991) S\STAFFRPT~22761-2.CC 9 _ ATTACttMENT NO. 2 CITY OF TEMECULA CONDITIONS OF APPROVAL Tentative Tract Map No. 22761 Second Extension of Time DEPARTMENT OF PUBLIC WORKS 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 Developer has correctly shown on the tentative map all existing easements, traveled ways, and drainage courses, and their omission may require the project to be resubmitted for further review. The Developer shall comply with all Conditions of Approval as previously imposed or amended and with the Conditions noted below. PRIOR TO RECORDATION OF THE FINAL MAP: Prior to recordation of the final map, said agreement shall require construction and completion of the recreation center and private park prior to the issuance of the Certificate of Occupancy on the 250th unit in Specific Plan No. 180 or by July 1, 1993, whichever comes first; a bond in an amount set by the Public Works Department shall be provided; prior to the issuance of a Certificate of Occupancy of any unit in Tentative Tract 22761 or 22762, Ynez Road shall be improved with A/C paving, curb, gutter and sidewalk per the approved plans, and the pertinent Conditions of Approval. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. o Prior to recordation of the final map, the developer shall deposit with the Department of Public Works 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. S\STAFFRPT\22761-2.CC 1 0 PRIOR TO 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. 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. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. 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 f'mal public facility mitigation fee or district has not been f'mally 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 security to secure payment of the Public Facility fee. The amount of the security 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. o Condition No. 12 of the Engineering Department Conditions of the First Extension of Time, approved by Planning Commission on October 1, 1990, shall be deleted. TRANSPORTATION ENGINEERING PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS: 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. sxs~rAmum2276~-2.cc I 1 TEMEC~A COMMUNITY SERVICES DISTRICT: 10. Prior to RECORDATION of the f'mal map the applicant or his assignee shall pay the fair market value of 1.04 acres of required parkland to comply with City Ordinance No. 460.93 (Quimby). The amount to be paid shall be determined by TCSD staff within thirty (30) days prior to recordation of said map. A fifty percent (50%) private recreation credit as defined in City Ordinance NO. 460.93 (Quimby), shall be applied towards the required parkland in lieu fee. 11. Exterior slopes bordering an arterial street shall be offered for dedication to the TCSD for maintenance following compliance to TCSD standards and completion of the application process. sm'^mum227,~-2.cc 12 CITY OF TEMECULA ADDITIONAL CONDITIONS OF APPROVAL Tentative Tract Map No. 22761 First Extension of Time Commission Approval Date: October 1, 1990 Expiration Date: July 18, 1991 Planning 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 forth 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 Habitat Conservation Plan as implemented by County ordinance or resolution. (Amended per Planning Commission October 1, 1990.) The subdivider shall submit to the Planning Director verification that Section 10.35 of Ordinance No. 460 has been previously satisfied or an agreement with CSA 143 which demonstrates to the satisfaction of the City 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 City Council prior to the recordation of the final map. (Amended per Planning Commission October 1, 1990.) No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer's successor's-in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars ($100) per lot/unit shall be deposited with the City as mitigation for public library development. Engineering 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. S\STAFFRPT~22761-2.CC 1 3 5. 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; and CATV Franchise. Prior to f'mal map, the subdivider shall notify the City's CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. 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 Engineefts Office, in addition to any other permits required. PRIOR TO ISSUANCE OF BUILDING PERMIT: The subdivider shall submit four prints of a precise grading plan to the Engineering Department. 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. (Amended per Planning Commission October 1, 1990.) PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: Construct full street improvements including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights on all interior public streets. 10. All street improvements shall be installed to the satisfaction of the City Engineer. 11. Pavement striping, marking, traffic and street name signing shall be installed per requirements of the City Traffic Engineer. 12. 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 the fee. If an interim or f'mal public facility mitigation fee or S\STAFFRPT~22761-2.CC 14 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 (assuming benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. TRANSPORTATION ENGINEERING PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS: 13. Traffic striping, marking and street name signing plans shall be designed as directed by the Department of Public Works. 14. 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. TEMECULA COMMUNITY SERVICES DISTRICT: 15. Prior to RECORDATION of the final map the applicant or his assignee shall pay the fair market value of 1.04 acres of required parkland to comply with City Ordinance No. 460.93 (Quimby). The amount to be paid shall be determined by TCSD staff within thirty (30) days prior to recordation of said map. 16. Exterior slopes bordering an arterial street may be dedicated to the TCSD for maintenance following compliance to TCSD standards and completion of the application process. S\STAFFRPT\22761-2.CC 15