HomeMy WebLinkAbout90-121 CC Resolution RESOLUTION NO. 90-121
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING OF PARCEL MAP NO. 25212
TO SUBDIVIDE A $.02 ACRE PARCEL INTO FOUR
PARCELS AND TO CHANGE THE EXISTING ZONING
FROM R-R-2.S TO R-R-1 LOCATED AT THE NORTHEAST
CORNER OF NICOLAS AND LIEFER ROADS AND
KNOWN AS ASSESSOR'S PARCEL NO. 914-280-012
WHEREAS, Durango Development filed Parcel Map No. 25212 and Change of Zone
No. 5663 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision
Ordinances, which the City has adopted by reference;
WHEREAS, said Parcel Map and Zone Change application was processed in the time
and manner prescribed by State and local law;
WHEREAS, the City Council considered said Parcel Map and Zone Change on
December 11, 1990, 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 Parcel
Map and Zone Change;
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, 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 plan.
2. The planning agency finds, in approving project and taking other actions, 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 90-121 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 and Zone Change 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 plan.
2. The City Council finds, in approving project 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. 25212 and Change of Zone No.
5663 proposed will be consistent with the general plan proposal being considered or studied or
which will be studies 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:
(a) That the proposed land division is consistent with applicable general and specific
plans.
(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 type of
development.
(d) That the site of the proposed land division is physically suitable for the proposed
density of the development.
Resos 90-121 2
(e) 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.
(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 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
records or to easements established by judgment of a court of competent jurisdiction.
2. The City Council in approving the proposed Parcel Map and Zone Change, makes
the following findings, to wit:
Change of Zone No. 5663
a. The proposed zone change will not have a significant adverse effect on the
environment, as determined in the initial study performed for this project. A Negative
Declaration is recommended for adoption.
b. There is a reasonable probability that the zone change from R-R 2.5 to R-R will be
consistent with the future General Plan. Further, densities and uses proposed are similar to
existing densities and uses in the vicinity of the project site.
c. There is not a reasonable 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. The project is not of significant scope.
d. The proposed change in district classification is reasonable and beneficial at this time
as it is a logical expansion of residential uses which exist adjacent to, and in the vicinity of, the
project site.
e. The proposed change in district classification will likely be consistent with the goals,
policies and action programs which will be contained in the General Plan when it is ultimately
adopted. The density and land use proposed are consistent with the Southwest Area Plan.
f. The Site of the proposed change in district classification is suitable to accommodate
all the land uses currently permitted in the proposed zoning district as it is of adequate size and
shape for the proposed residential use. Possible land use conflicts are not likely to arise as the
project proposes residential uses similar to those existing in the general vicinity of the subject
site.
Re,os 90-121 3
g. Adequate access exists for the proposed residential land use from Nicolas and Liefer
Roads. Additional internal access and required road improvements to proposed lots will be
designed and constructed in conformance with Riverside County standards.
h. That said findings are supported by analysis, minutes, maps, exhibits, and
environmental documents associated with this application and herein incorporated by reference.
Tentative Parcel Map No. 25212
a. The proposed Tract Map will not have a significant negative impact on the
environment, as determined in the Initial Study performed for the project. A Negative
Declaration is recommended for adoption.
b. There is a reasonable probability that this project will be consistent with the future
General Plan.
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.
d. The proposed use complies with State planning and zoning law. The project
conforms to the proposed zoning for the site and to Ordinance No. 460, Schedule H.
e. The site is suitable to accommodate the proposed land use in terms of the size and
shape of the lot configurations, access, and density.
f. The design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage or substantially and unavoidably injure fish or wildlife or
their habitat.
g. The design of the subdivision is consistent with the State Map Act in regard to future
passive energy control opportunities.
h. all lots have acceptable access to existing and proposed dedicated right-of-ways which
are open to, and are useable by, vehicular traffic.
i. The design of the subdivision, the type of improvement 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.
j. The lawful conditions stated in the project's Conditions of Approval are deemed
necessary to protect the public health, safety and general welfare.
k. That said findings are supported by minutes, maps, exhibits, and environmental
documents associated with these applications and herein incorporated by reference.
Resos 90-121 4
E. As conditioned pursuant to SECTION 3, the Parcel Map and Zone Change 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 Change
of Zone No. 5663 to change the existing zoning from R-R-2.5 to R-R-l; and further approves
Parcel Map No. 25212 for the subdivision of a 5.02 acre parcel into four parcels located at the
northeast comer of Nicolas and Liefer Roads and known as Assessor's Parcel No. 914-280-012
subject to the following conditions:
A. Exhibit A, attached hereto.
PASSED, APPROVED AND ADOPTED, this 1 lth day of December, 1990.
ATTEST:
Ronald J. Parks, Mayor
June S.~sr~ k, Deputy City Cler~
[SEAL]
Resos 90-121 5
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF RIVERSIDE )
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 11th day of
December, 1990 by the following vote of the Council:
AYES:
4 COUNCILMEMBERS: Birdsall, Moore, Mufioz, Parks
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Linderoans
Jutl.e,'S~..-Greek, Deputy City Clerk
Resos 90-121 6
CITY OF TEMECULA
PLANNING DEPARTMENT
CONDITIONS OF APPROVAL
Tentative Parcel Map No. 25212
Council Approval Date:
Expiration Date:
Planning Department
The subdivider shall defend, indemnify, and hold harmless the City of
Temecula, its agents, officers, and employees from any claim, action, or
proceeding against the City of Temecula or its agents, officers, or employees
to attack, 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. 25212, 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.
The tentative parcel map shall conform to the requirements of Ordinance 460,
Schedule H unless modified by the conditions listed below. This approved
tentative parcel map will expire two years after the Planning Commission
approval date unless extended as provided by Ordinance 460.
The final map shall be prepared by a registered civil engineer or licensed land
surveyor subject to all the requirements of the State of California Subdivision
Map Act, Riverside county Subdivision Ordinance 460.
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.
Street names shall be subject to approval of the City of Temecula.
o
Easements, when required for roadway slopes, drainage facilities, utilities,
etc., shall be shown on the final map if within the land division boundary. All
offers of dedication shall provide for nonexclusive public road and utility
access. All easements, offers of dedication and conveyances shall be
submitted and recorded as directed by the City of Temecula.
Legal access as required by Ordinance 460 shall be provided from the parcel
map boundary to a City maintained road.
STAFFR PT\PM25212 1
10.
11.
12.
13.
14.
15.
16.
All delinquent property taxes shall be paid prior to recordation of the final
map.
The subdlvider shall comply with the environmental health recommendations
outlined in the County Health Department's transmittal dated April 27, 1990,
a copy of which is attached.
The subdivider shall comply with the flood control recommendations outlined
in the Riverside County Flood Control District's letter dated March 28, 1990,
a copy of which is attached. If the land division lies within an adopted flood
control drainage area pursuant to Section 10.25 of Riverside County Land
Division Ordinance 460, appropriate fees for the construction of area drainage
facilities shall be collected by the Road Commissioner prior to recordation of
the final map or waiver of parcel map.
The subdivider shall comply with the County Road Commissioner's
recommendations outlined in the Office of Road Commissioners and County
Surveyor's transmittal dated May 7, 1990.
The subdivide, shall comply with the fire improvement recommendations
outlined in the County Fire Department's letter dated March 9, 1990, a copy
of which is attached.
The subdivider shall comply with the recommendations outlined in the Building
and Safety Department: Grading Section's transmittal dated May 7, 1990, a
copy of which is attached.
The subdivider shall comply with the recommendations set forth in the Airport
Land Use Commission letter dated October 24, 1990, a copy of which is
attached.
The subdivider shall comply with the recommendations outlined in the County
Geologist's letter dated March 29, 1990, a copy of which is attached.
Prior to issuance of building permits, applicant shall be required to pay
applicable Quimby fees in accordance with Section 10.35 of Ordinance 460.
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.
Lots created by this subdivision shall be in conformance with the development
standards of the R-R zone.
STA FFR PT\ PM25212 2
17.
An Environmental Constraints Sheet (ECSI shall be prepared with the final
map to delineate identified environmental concerns and shall be permanently
filed with the office of the City Engineer. Prior to the recordation of the final
map, a copy of the ECS shall be forwarded with copies of the recorded final
map to the Planning Department and the Department of Building and Safety.
The following note(s) shall be placed on the Environmental Constraints Sheet.
ao
"This property is located within thirty (30) miles of Mount Palomar
Observatory. Light and glare may adversely impact operations at the
Observatory. Outdoor lighting shall be from low pressure sodium lamps
that are oriented and shielded to prevent direct illumination above the
horizontal plane passing through the luminare."
b°
Indicate the availability of domestic water services to the subject
property as of th~ date of recordation of the final map.
The following note shall be placed on the final map: Constraints
affecting this property are shown on the accompanying Environmental
Constraints Sheet, the original of which is on file at the office of the
City Engineer. These constraints affect all parcels.
18.
Parcel Map No. 25212 cannot be recorded until Change of Zone No. 5663 is
approved and effective.
19.
Prior to the issuance of BUILDING PERMITS the following condition 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.
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.
20.
The Developer shall comply with the State of California Subdivision Map Act,
and all applicable City Ordinances and Resolutions.
STA FFR PT\PM25212 3
21.
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.
PRIOR TO FINAL MAP APPROVAL:
22. 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.
23.
Street "A" shall be a private street, not to be maintained by the City, and
shall be constructed 24 feet in width, with an acceptable aggregate base 10.33'
thick) on a 32 foot graded section, with a 38' radius turn-a-round. County
Road Department Condition Nos. 3 and 14 shall be deleted.
24.
Liefer Road shall be improved with 22 feet of half street improvement plus one
12' lane. or bond for the street improvement may be posted per Condition No.
26. within a 33 dedicated right-of-way in accordance with County Standard
No. 103. Section A (~4'/66'). County Condition Nos. 5 and 13 shall be
deleted.
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.
The subdivider shall construct or post security and an agreement 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, drive approaches, signing, striping, and other traffic
control devices as appropriate.
b. Domestic water systems.
27. A minimum centerline street grade shall be 0.50 percent.
28.
All driveways shall be located a minimum of two (2) feet from the property
line.
STAFFRPT\PM25212 4
29.
The subdivider shall submit four 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.
30.
The subdivider shall submit four copies of a soils report to the Engineering
Department. The report shall address the soils stability and geological
conditions of the site.
31.
Adequate provisions shall be made for acceptance and disposal of surface
drainage entering the property from adjacent areas.
32.
Prior to final map, the subdivider shall notify the City's CATV Franchises of
the Intent to Develop. Conduit shall be installed toCATV Standards at time
of street improvements.
PRIOR TO ISSUANCE OF GRADING PERMITS:
33.
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,
in addition to any other permits required.
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.
35.
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 BUILDING PERMIT:
36.
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.
37.
The developer shall enter into an agreement with the City stating that the
developer or any future owner of the parcels contained within Parcel Map No.
25212 will not protest any Assessment District formed for the purpose of
constructing the public street improvements for Nicolas Road on the frontage
of this map.
STA FFR PT\ PM25212 5
PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY:
38.
Construct full street improvements including but not limited to, curb and
gutter, A.C. pavement, drive approaches, and parkway trees on all interior
public streets.
39.
All street improvements shall be installed to the satisfaction of the City
Engineer.
40.
Asphaltic emulsion Ifog 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.
41.
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 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 {assuming benefit to the
project in the amount of such fees) and specifically waives its right to protest
such increase.
Transportation Enqineerinq
PRIOR TO RECORDATION:
A signing and striping plan shall be designed by a registered Traffic Engineer
and approved by the City Engineer for Liefer Road and Street "A", and shall
be included in the street improvement plans.
43.
Prior to designing any of the above plans, contact Transportation Engineering
for the design requirements.
PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS:
44.
A construction area traffic control plan shall be designed by a registered
Traffic 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:
45.
All signing and striping shall be installed per the City requirements and the
approved signing and striping plan.
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CHANGE OF ZONE FROM R-R-2.5 TO R-R-1 ON 5.02 ACRES LOCATED
AT '[HE NORTHEAST CORNER OF NICOLAS ROAD AND LIEFER ROAD.
R-R-1 ' RURAL RESIDENTIAL - ONE ACRE
MINIMUM LOT SIZE