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HomeMy WebLinkAbout91-095 CC ResolutionRESOLUTION NO. 91-95 A RESOLUTION OF THE CITY COUNCIL APPROVING OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF PARCEl. MAP NO. 26488 TO SUBDIVIDE A 4.5+ ACRE PARCEL INTO 4 ONE GROSS ACRE (MINIMUM) RESIDENTIAL PARCELS; GENERAL LOCATION OF SAID MAP BEING THE SOUTHEAST CORNER OF WALCOTT LANE AND CALLE CHAPOS. WHEREAS, Mr. Jay Vanderwal filed Parcel Map No. 26488 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Parcel Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the City Council considered said Parcel Map on September 10, 1991, 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 of said Parcel Map; NOW, TI-1EREFORE, THE CITY COUNCIL OF THE CITY OF TEMECLU_~ 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, 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: 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. Resos 91-95 -1- 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 Parcel Map is 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 2. The City Council finds, in approving 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 Parcel Map No. 26488 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. D. 1. Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be approved unless the following findings are made: specific plans. a. That the proposed land division is consistent with applicable general and 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 Reaoa 91-95 -2- 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 unavoidable 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 fur 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 records or to easements established by judgment of a court of competent jurisdiction. 2. The City Council in approving the proposed Tentative Parcel Map, makes the following findings, to wit: a. the proposed Parcel Map will not have significant negative impact on the environment, as determined in the Initial Environmental Assessment prepared for Tentative Parcel Map No. 26488. A Negative Declaration is recommended for adoption. b. There is a reasonable probability that this proposal will be consistent with the General Plan being prepared at this time. The map together with the attendant zone change request are consistent with applicable subdivision and land use ordinances, and conform with the City's Southwest Area Plan (SWAP) guidelines affecting the subject property. c. There is not a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan. The project is consistent with surrounding development, and does not logically have the potential to generate significant adverse environmental impacts. d. The proposed use or action complies with the City and State planning and zoning laws. Reference local Ordinances No. 348, 460, California Governmental Code Sections 65000-66009 (Planning Zoning Law), and Government Code Title 7, Division 2. e. The site is suitable to accommodate the proposed land use in terms of the size and shape of parcel configurations, access, and density. The project has access to public Rems 91-95 -3- rights-of-way, and is designed with sufficient parcel acreage following appropriate building pad sittings. f. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the initial study prepared for this project. Reference the attached Initial Environmental Study and Conditions of Approval for Tentative Parcel Map No. 26488. g. 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 project as conditioned. Easement dedications are not evident in grant deeds describing the property. h. The site for the proposed use is provided legal access via Walcott Lane and Calle Chapos public rights-of-way. Development of these roads shall comply with City Engineering Conditions of Approval contained herein. I. The proposed project will not inhibit or restrict future ability to use active or passive solar energy systems. Adequate lot areas and exposures are provided for these alternatives. j. The proposed use will not have a substantial adverse affect on abutting properties or the permitted use thereof. The proposed map provides for residential development similar in character and densities evident on vicinity properties. Land use incongruities and associated adverse affects arising from implementation of this proposal are unlikely. E. As conditioned pursuant to SECTION 3, the Parcel Map proposed is compatible with the health, safety and welfare of the community. SECTION 2. Environmental 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 Approval have been added to the project, and a Negative Declaration, therefore, is hereby granted. SECTION 3. Conditions. That the City of Temecula City Council hereby approves of Parcel Map No. 26488 for the subdivision of a 4.5+ acre parcel into 4 parcels, generally located at the southeast comer of Walcott Lane and Calle Chapos subject to the following conditions: A. Attachment 4, attached hereto. Rcsos 91-95 -4- PASSED, APPROVED AND ADOPTED this 10th day of September, 1991. Ronald J. Parks, Mayor reek, City Cler'k'~'--~-~ ' ~r J STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS 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 10th day of September, 1991 by the following vote: AYES: 5 COUNCIL MEMBERS: Birdsall, Moore, Lindemans, Mufioz Parks NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Resos 91-95 -5- ATTACHMENT NO. 4 CITY OF TEMECULA CONDITIONS OF APPROVAL Tentative Parcel Map No: 26488 Project Description: R-1-1 residential subdivision of 4.5 gross acres into 4 parcels Assessor's Parcel No.: 914-300-049 Planning Department The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, Schedule H, 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 shall be paid prior to recordation of the final map. Legal access as required by Ordinance 460 shall be provided from the tract map boundary to a City maintained road. All road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the City Engineer. Street names shall be subject to approval of the City Engineer. Easements, when required for roadway slopes, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the City Engineer. A:PM26488 18 10. 11. 12. 13. 14. 15. The applicant shall comply with the environmental health recommendations outlined in the Riverside County Health Department's Conditions of Approval, contained herein. The applicant shall comply with the fire improvement recommendations outlined in the Riverside County Fire Department's Conditions of Approval, contained herein. The applicant shall comply with the recommendations outlined in the City Building and Safety Department's Conditions of Approval, contained herein. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy, as outlined in the Southwest Area Plan. Prior to final recordation of Tentative Parcel Map No. 26488, Change of Zone No. 15 shall be in effect. The applicant shall comply with the recommendations outlined in the Eastern Municipal Water District's Conditions of Approval, contained herein. Lots created by this subdivision shall comply with the following: Lots created by this subdivision shall be in conformance with the development standards of the R-1-1 (Single Family Residential, 1 Acre Minimum Parcel Size) zone. Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Director of Building and Safety. The developer shall be responsible for maintenance and upkeep of all slopes until such time as those operations are the responsibilities of other parties as approved by the Planning Director. Prior to the issuance of GRADING PERMITS the following conditions shall be satisfied: ao All cut slopes located adjacent to ungraded natural terrain and exceeding ten (10) feet in vertical height shall be contour-graded incorporating the following grading techniques: A:PM26488 19 16. The angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. Angular forms shall be discouraged. The graded form shall reflect the natural rounded terrain. The toes and tops of slopes shall be rounded with curves with radii designed in proportion to the total height of the slopes where drainage and stability permit such rounding. Where cut or fill slopes exceed 300 feet in horizontal length, the horizontal contours of the slope shall be curved in a continuous, undulating fashion. Prior to the issuance of grading permits, the developer shall provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: 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. All building plans for all new structures shall incorporate, all required elements from the subdivision's approved fire protection plan as approved by the County Fire Marshal. All dwellings to be constructed within this subdivision shall be designed and constructed with fire retardant (Class A) roofs as approved by the Fire Marshal. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Department approval. Building separation between all buildings including fireplaces shall not be less than ten (10) feet. A:PM26488 20 17. 18. 19. 20. 21. 22. f. All street side yard setbacks shall be a minimum of ten (10) feet. 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 subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative Parcel Map No. 26488, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. 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. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. Prior to recordation of the Final Map, the developer or his assignee must conform to the park district Quimby Ordinance, unless waived to time of issuance of a building permit. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. Within forty-eight (48) hours of the approval of the project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of One Thousand, Two Hundred, Seventy-Five Dollars ($1,275.00), which includes the One Thousand, Two Hundred, Fifty Dollars ($1,250.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 715.4(d)(2) plus the Twenty- Five Dollar ($25.00) County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21552 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour A:PM26488 21 period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 715.4(c). Riverside County Department of Health - Environmental Health Services Division 23. Prior to map recordation, "will serve" letters from Rancho California Water District and Eastern Municipal Water District shall be provided to the Environmental Health Services Division of the Riverside County Department of Health. City of Temecula 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. PRIOR TO RECORDATION OF THE FINAL MAP: 24. As deemed necessary by the City Engineer or his representative, the developer shall receive written clearance from the following agencies: San Diego Regional Water Quality; 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 Parks and Recreation Department. 25. All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the City Engineer. 26. Calle Chapos shall be improved with 32 feet of asphalt concrete pavement plus A:PM26488 22 27. 28. 29. 30. 31. 32. 33. 33. one 12 foot lane, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with County Standard No. 103, Section A (66'/32'). Walcott Lane shall be improved with 32 feet of asphalt concrete pavement plus one 12 foot lane, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with County Standard No. 103, Section A (66'/32'). Street "A" shall be improved with 36 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right- of-way in accordance with County Standard No. 105, Section A (60'/36'). A cul-de-sac per County Standard No. 800 shall be constructed at the terminus. Calla Chapos shall be paved with 24 feet of A.C. paving from Walcott Lane to Riverton Lane to provide all-weather access to the property, or bonds shall be posted, within the dedicated right-of-way and as directed by the Public Works Department. In the event road or off-site right-of-way are required to comply with these conditions, such easements shall be obtained by the developer; or, in the event the City is required to condemn the easement or right-of-way, as provided in the Subdivision Map Act, the developer shall enter into an agreement with the City for the acquisition of such easement at the developer's cost pursuant to Government Code Section 66462.5, which shall be at no cost to the City. Corner property line cut off shall be required per Riverside County Standard No. 805. Private drainage easements for cross-lot drainage, if required, shall be delineated or noticed on the final map. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the City Engineer. ^ Noticc of Intcntion to form or anncx into thc Tcmocula Community $crvicc District, scrvicc Icvcl "C" (Landscapc Maintcnancc), shall bc submittcd to thc TSCD. Thc cnginccring costs involvcd in District formation or anncxation shall bc bornc by thc dcvclopcr. A · :~M26488 23 34. The subdivider shall construct or post security and an agreement shall be executed guaranteeing the construction of the following public improvements in conformance with applicable City standards. ao Street improvements, including, but not limited to: pavement, curb and gutter, sidewalks, drive approaches, signing, striping, and other traffic control devices as appropriate. b. Storm drain facilities. c. Landscaping (street and parks). d. Sewer and domestic water systems. e. Undergrounding of existing and proposed utility distribution lines. 35. The street design and improvement concept of this project shall be coordinated with adjoining developments. 36. 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. 37. All street centerline intersections shall be at 90 degrees or as approved by the City Engineer. 38. Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the City Engineer. 39. A minimum centerline street grade shall be 0.50 percent. 40. All driveways shall conform to the applicable County of Riverside standards and shall be shown on the street improvement plans in accordance with County Standard 400 and 401 (curb sidewalk). 41. All driveways shall be located a minimum of two (2) feet from the property line. A:PM26488 24 42. The subdivider shall submit two (2) prints of a comprehensive 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. 43. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 44. The subdivider shall submit two (2) copies of a soils report to the Engineering Department. The report shall address the soils stability and geological conditions of the site. 45. Drainage calculations shall be submitted to and approved by the City Engineer. All drainage facilities shall be installed as required by the City Engineer. 46. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 47. The subdivider shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. 48. 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. PRIOR TO ISSUANCE OF GRADING PERMITS: 49. 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. 50. 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. 51. 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. A:PM26488 25 PRIOR TO BUILDING PERMIT: 52. 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. 53. 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: 54. Construct full street improvements including but not limited to, curb and gutter, A.C. pavement, sidewalk, and drive approaches. 55. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. 56. Asphaltic emulsion (fog seal) shall be applied not less than 14 days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. A:PM26488 26 Transportation Enaineering PRIOR TO RECORDATION OF THE FINAL MAP: 57. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the City Engineer for Calle Chapos and Walcott Lane and shall be included in the street improvement plans. Riverside County Fire Department (RCFD) With respect to the conditions of approval for the above referenced land division, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: FIRE PROTECTION: 58. Schedule H fire protection. An approved standard fire hydrant (6"x4"x2 1/2") shall be located so that no portion of the frontage of any lot is more than 500 feet from a fire hydrant. Minimum fire flow shall be 1000 GPM for 2 hours duration at 20 PSI. 59. The applicant/developer shall provide written certification from the appropriate water company that the required fire hydrants are either existing or that financial arrangements have been made to provide them. 60. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. MITIGATION: 61. Prior to the recordation of the final map, the developer shall deposit with the City of Temecula, a cash sum of $400.00 per lot/unit as mitigation for fire protection impacts. All questions regarding the meaning of Conditions shall be referred to the RCFD Planning and Engineer Staff. Temecula Community Service District 62. The Subdivider shall submit to the Planning Director an agreement with the Temecula Community Services District (TCSD) which demonstrates to the satisfaction of the TCSD Board of Directors, and the City that upon the request A:PM26488 27 63. of a BUILDING PERMIT for construction of RESIDENTIAL structures on one or more of the parcels WITHIN FOUR YEARS following approval of a tentative map, parcel map, or planned development, real estate development, stock cooperative community apartment project and condominium for which a tentative map or parcel map is filed, a predetermined Quimby Act fee in the amount equal to the fair market value of required acreage (Plus 20% for offsite improvements) shall be paid by the owner of each such parcel(s) as a condition to the issuance of such permit as authorized by City of Temecula Ordinance No. 460.93. The following chart has been prepared to assist staff in calculating requirements of the existing Quimby Ordinance: Persons Per Acres Dwellings Type Dwelling Unit Required * l(ea) Single Family (Detached Garage) 2.98 .01490 l(ea) Single Family (Attached Garage) 2.59 .01295 1 (ea) Mobile Home 2.64 .01360 2(ea) Dwelling Units Per Structure 2.48 .01320 3 or 4(ea) Dwelling Units Per Structure 2.34 .01240 5 or More Dwelling Units Per Structure 2.72 .01570 * Plus 20% for offsite improvements. A:PM26488 28