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HomeMy WebLinkAbout92-44 CC ResolutionRESOLUTION NO. 92-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE PARCEL MAP NO. 27336 FOR REVERSION TO ACREAGE OF ELEVEN (11) PARCELS ON APPROXIMATELY 11.5 ACRES LOCATED NORTHERLY OF WINCHESTER ROAD BETWEEN CALLE EMPLEADO AND DIAZ ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 909-310-24 THROUGH 28 AND 41 THROUGH 46. WHEREAS, Rancho California Water District fried Tentative Parcel Map No. 27336 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WIIEREAS, said Parcel Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Parcel Map on April 20, 1992, at which time interested persons had an opportunity to testify either in support or opposition; WI~RF_,AS, at the conclusion of the Commission hearing, the Commission recommended approval of said Parcel Map; WHEREAS, the City Council conducted a public hearing pertaining to said Parcel Map on May 26, 1992, at which time interested persons had opportunity to testify either in support or opposition to said Parcel Map; and WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding the Parcel Map; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF T]~MECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section I. Findirtgs. That the Temecula City Council hereby makes the following findings: 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 decisions be consistent with the general plan, if all of the following requirements are met: Resos 92-44 - 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 of 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 Parcel 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 Parcel Map No. 27336 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. R¢~oa 92-44 -2- D. Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be approved unless the following findings are made: 1. That the proposed land division is consistent with applicable general and specific plans. 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 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 judgment of a court of competent jurisdiction. 8. The City Council in approving the proposed Tentative Parcel Map, makes the following findings, to wit: a. As conditioned pursuant to SECTION III, the Parcel Map proposed is compatible with the health, safety and welfare of the community. b. There is a reasonable probability that Tentative Parcel Map No. 27336 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law. The project, as conditioned, conforms with existing applicable city zoning ordinances and development standards. Further, the proposal is characteristic of similar development approved by the City to date and anticipated in it's vicinity based on R¢~oa 92-44 -3- current development trends. c. There is not a likely probability of substantial detriment to, or interference with the City's future General Plan, if the proposed use is ultimately inconsistent with the Plan. The project is compatible with existing development standards which will likely be included in the City's future General Plan. d. The proposed use or action as conditioned complies with State planning and zoning laws. Reference local Ordinances No. 348, 460; and California Governmental Code Sections 65000-66009 (Planning and Zoning Law). e. The project as designed and conditioned will not adversely affect the public health or welfare. f. The proposal will not have an adverse effect on surrounding properties which are vacant now. It does not represent a significant change to the present or planned land use of the area and the SWAP designation of Light Industrial. As conditioned, the project conforms with applicable land use and development regulations. g. The project has acceptable access to dedicated rights-of-way which are open to, and useable by, vehicular traffic. The project draws access from Winchester Road and Avenida de Ventas, improved dedicated City rights-of-way. Project access, as designed and conditioned, conforms with applicable City Engineering standards and ordinances. h. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the Environmental Analysis for this project. i. Said f'mdings are supported by minutes, maps, exhibits and environmental documents associated with these applications and herein incorporated by reference, due to the fact that they are referenced in the attached Staff Report, Exhibits, Environmental Assessment, and Conditions of Approval. Section 1I. 1%vironmental Corapliance. Pursuant to applicable portions of the California Environmental Quality Act (CEQA), an Initial Study was prepared for Plot Plan No. 239 which determined the project in question will not have a significant impact on the built or natural environment; a Negative Declaration was adopted for the project. This Negative Declaration is reaffirmed for Tentative Parcel Map No. 27336. Resos 92-44 -4- Section Ill. Conditions. That the City of Temecula City Council hereby approves Tentative Parcel Map No. 27336 for the Reversion to Acreage of eleven (11) parcels located northerly of Winchester Road between Calle Empleado and Diaz Road and known as Assessor's Parcel No. 909-310-024 through 28 and 41 through 46 subject to the following conditions: 1. Attachment No. 2, attached hereto. Section IV. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 26th day of May, 1992. Patricia H. Birdsall, Mayor ATTEST: [SEAL] Resos 92-44 -5- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) $S CITY OF TEMECULA ) I HEREBY 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 May, 1992 by the following vote of the Council: 4 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Mufioz Greek, City CI~rk Resos 92-44 -6- CITY OF TEMECULA CONDITIONS OF APPROVAL Tentative Parcel Map No. 27336 Project Description: Reversion to Acreage of eleven (11) parcels Assessor's Parcel No.: 909-310~024 through 28 and 41 through 46 PLANNING DEPARTMENT The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, Article XVI, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. This conditionally approved tentative map will expire two years after the approval date, unless extended as provided by Ordinance 460. The expiration date is Any delinquent property taxes shah be paid prior to recordation of the f'mal map. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated March 25, 1992, a copy of which is attached. The applicant shall comply with the recommendations outlined in the Rancho Water District transmittal dated March 12, 1992, a copy of which is attached. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Planning Director. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently fred with the office of the City Engineer. 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. sx~omsx~s-~,~-^.cc 10 All utility systcms including gas, clectric, tclephonc, watcr, scwcr, and cablc TV shall be provided for underground, with oasemc, nts provided as required, and designed and constructed in accordanec with City Codcs and thc utility providcr. Tclophonc, cablc TV, and/or security systcms shall be pro wired in the rcsidenec. "All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider." (Amended at Planning Commission Meeting on April 20, 1992) 9. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. DEPARTMENT OF PUBLIC WORKS The following are the Department of Public Works Conditions of Approval for this Parcel Map, 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. PRIOR TO RECORDATION OF THE FINAL MAP: 10. 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. 11. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following aeencies: 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; Parks and Recreation Department; General Telephone; Southern California Edison Company; and Southern California Gas Company. 12. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. S\FOR.MS\R.~S-PM-A. CC 11 13. The boundary and easements as shown on this map shall be consistent and shall be coordinated with adjoining developments, and be consistent with the conditions of approval for Plot Plan 239. 14. On site drainage facilities, located outside of road right of way, shall bc contained within drainage easomcnts shown on the fmal map. A note shall be added to the final map stating "Drainage casements shall bc kept free of buildings and obstructions." "As deemed necessary by the Department of Public Works, onsite underground drainage facilities, located outside of road right-of-way, shah be contained within drainage easements shown on the final map. A note shah be added to the f'mal map stating 'Drainage easements shah be kept free of buildings and obstructions.'" (Amended at Planning Commission meeting on April 20, 1992) 15. Prior to final 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. 16. 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. S\FORMS\RES-PM-A.CC 12