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HomeMy WebLinkAbout91-112 CC ResolutionRESOLUTION NO. 91-112 A RF-e~OLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SECOND EXTENSION OF TIME FOR VESTING TENTATIVE TRACT MAP 23125, A 212 RESIDENTIAL SUBDIVISION WITH 13 OPEN SPACE LOTS ON 88.4 ACRES LOCATED ON THE NORTHEAST CORNER OF DE PORTOLA ROAD AND BUTTERFIELD STAGE ROAD AND KNOWN AS ASSESS'S PARCEL NO. 926-330-004 AND 926-070-020. WHEREAS, Sterling Builders, 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, at the conclusion of the Commission hearing, the Commission recommended approval of said Time Extension. WItEREAS, the City Council conducted a public hearing pertaining to said time Extension on November 12, 1991, at which time interested persons had 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: 1. 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: general plan. The city is proceeding in a timely fashion with the preparation of the B. The planning agency finds, in approving projects and taking other Resos 91-112 -1- actions, including the issuance of building permits, each of the following: (1) 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. (2) 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. (3) The proposed use or action complies with all other applicable requirements of state law and local ordinances. 2. 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. 3. 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. The City is proceeding in a timely fashion with a preparation of the other actions, following: B. The Planning Commission finds, in approving projects and taking including the issuance of building permits, pursuant to this rifle, each of the (1) There is 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. (2) 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. (3) The proposed use or action complies with all other applicable requirements of state law and local ordinances. 4. Pursuant to Section 18.30(c), no Time Extension may be approved unless the following findings can be made: Resos 91 - 112 -2- A. The proposed use must conform to all the General Plan requirements and with all applicable requirements of state law and City ordinances. and welfare of the public. The proposed subdivision does not affect the general health, safety, C. The Planning Commission, in approving the proposed Time Extension, makes the following findings, to wit: 1. There is a reasonable probability that this project will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with Sate 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 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. 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 project site's existing land use designation. 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 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. Vesting Tentative Tract Map No. 23125 is compatible with surrounding land uses. The harmony in scale, bulk, height, density and coverage creates a compatible physical relationship with adjoining properties, due to the fact that the proposal is similar in compatibility with surrounding land uses; and adequate area and design features provide for sighting of proposed development in terms of landscaping and internal traffic circulation. 7. 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 proposed zone of the subject site, Resos 91-112 -3- and also consistent with the adopted Southwest Area Community Plan (SWAP) designation. 8. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the Environmental Impact Report 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. 9. 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 two independent access points from De Portola Road which have been determined to be adequate by the City Engineer. 10. 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. 11. Said findings are supported by minutes, maps, exhibits and environmental documents associated with these applicants 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. 5. 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. F. nvironmental Conlpliance. That the City of Temecula City Council hereby determines that the previous environmental determination (Adoption of Environmental Impact Report No. 263) still applies to said Tract Map No. 23125 (Extension of Time). SECTION 3. Conditions. That the City of Temecula City Council hereby approves The Second Extension of Time for Vesting Tentative Tract Map No. 23125 for a 225 residential subdivision on 88.4 acres located on the northeast comer of De Portola Road and Butterfield Stage Road and known as Assessor's Parcel No. 926-330-004 and 926-070-020 subject to the following conditions: 1 Attachment 2 attached hereto. Resos 91-112 -4- PASSED, APPROVED AND ADOPTED this 12th, day of November, 1991. Ronald J. Parks, Mayor ATTEST: [SEAL] 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 No. 91-112 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 12th day of November, 1991, by the following roll call vote; AYES: 5 COUNCIL MEMBERS: Moore, Lindemans, Mufioz, Birdsall, Parks NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None · Greek, City Clerk Resos 91 - 112 -5- ATTACHMENT NO. 2 CONDITIONS OF APPROVAL S\STAFFRPT\23125-2.CC 1 0 ATTACHMENT NO. 2 CITY OF TEMECULA ADDITIONAL CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 23125 Second Extension of Time Commission Approval Date: Expiration Date: 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. The park land dedication requirement shall be a predetermined amount based on the use and number of units proposed. If the Park land requirement cannot be met, the applicant shall be required to pay a predetermined Quimby Act Fee in the amount equal to the fair market value of the required park land acreage (Plus 20% for offsite improvements). No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer's successor's-inointerest 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. This conditionally approved Extension of Time for Vesting Tentative Tract Map No. 23125 will expire one (1) year after the original expiration date, unless extended as provided by Ordinance 460. The expiration date is October 20, 1992. o The subdivider shall comply with the original Conditions of Approval for Tentative Tract Map No. 231 25 (see attached) except as amended herein. Prior to recordation of Vesting Tentative Tract No. 23125, Change of Zone No. 17 shall be effective. The applicant shall comply with the California Department of Fish and Game (Streambed Alteration Agreement 5-381-90) recommendations outlined in the transmittal dated August 18, 1990, a copy of which is attached. The applicant shall comply with the Los Angeles District, Corps of Engineers recommendations outlined in the transmittal dated February 8, 1991, a copy of which is attached. S\STAFFRPT\23125-2.CC 1 1 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. The developer shall comply with all previous Conditions of Approval except as amended by the following conditions. 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. 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; Parks and Recreation Department; and Temecula Community Services District. 10. 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. 11. 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. PRIOR TO ISSUANCE OF GRADING PERMITS 12. 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 Engineer's Office. 13. A grading permit shall be obtained from the Engineering Department prior to commencement of any grading outside of the City-maintained road right-of-way. PRIOR TO BUILDING PERMIT 14. A precise grading plan shall be submitted to the Engineering Department 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. 15. 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. S\STAFFRPT\23125-2.CC 1 2 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 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 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. Concurrently, with executing this Agreement, developer shall post a bond to secure payment of the Public Facility fee. The amount of the bond 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. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY 17. If construction of improvements are phased and completed prior to development occurring on adjacent properties, a 28' wide secondary access road shall be provided within a recorded private road easement as approved by the City Engineer. 18. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Transportation Engineering PRIOR TO RECORDATION OF THE FINAL MAP 19. A signing plan shall be designed by a Registered Civil Engineer and approved by the City Engineer for all internal streets with 66' of right-of-way or less and shall be shown on the street improvement plans. 20. Condition No. 32 of the Riverside County Road letter dated June 28, 1988, shall be deleted. Temecula Community Service District (TCSD) Department 21, The exterior (perimeter) slopes proposed in the Tract Map No. 23125 (lots 213 and 214) may be dedicated to the TCSD by way of an irrevocable offer to dedicate for landscape maintenance purposes, upon compliance to existing standards as approved by the TCSD, and upon completion of the application process. 22. The Parkland Dedication Requirement (Quimby) is 2.75 acres of improved parkland to be dedicated to the TCSD prior to issuance of 63rd Building Permit. 23. Prior to recordation of the final map, the applicant shall offer for dedication 2.75 acres of land (lot 218) and execute with the TCSD and agreement to improve the proposed 2.75 acre park in accordance with TCSD standards at the time of execution for park purposes within the area currently designated as a wetland. In the event that it is determined to be infeasible to provide parkland within the wetland area, applicant shall S\STAFFRPT~23125-2.CC 1 3 provide the required amount of land dedication and improvements at an alternate location within the project site. The responsibility .for the maintenance and improvement of the remaining open space area (lot 217) shall be borne by the applicant and/or homeowners association until such time that improvements as required by State and Federal law are satisfied. 24. Approximately 11.1 acres of undeveloped open space contiguous with the proposed park site identified as Lot 215 and approximately 2.6 acres of wetland identified as Lot 217 shall be dedicated to the TCSD upon completion and acceptance of required improvements, and prior to the issuance of the 63rd Building Permit. 25. All interior slopes (lots 219 through 225)including Lot 216 shall be maintained by an HOA. 26. The exterior slope maintenance areas (lots 213 and 214) proposed to be maintained by the TCSD shall be properly identified on the final map. 27. Riverside County Condition Nos. 18, d and e shall be replaced by the following condition: All non-arterial slopes shall be maintained by the established homeowners association for the subject tract (Vesting Tentative Tract Map No. 231 25). 28. Prior to recordation of the final map, a grading plan for the project shall be approved by the City Engineer. S\STAFFRPT~23125-2.CC 14