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HomeMy WebLinkAbout90-126 CC ResolutionRESOLUTION NO. 90-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FIRST EXTENSION OF TIME FOR TENTATIVE PARCEL MAP 23430 REVISED NO. 1 A NINE (9) PARCEL COMMERCIAL SUBDIVISION OF 44.6 ACRES LOCATED AT THE SOUTHWEST CORNER OF YNEZ AND WINCHESTER ROADS. WHEREAS, Bedford Properties 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, the Planning Commission considered said Time Extension on December 3, 1990, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Time Extension. WHEREAS, the City Council conducted a public hearing pertaining to said Time Extension on December 18, 1990, 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: 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. Resos 90-126 1 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 Time Extension 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 "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 Time Extension 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 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 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. 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 18.30(c), no Time Extension may be approved unless the following findings can be made: a. The proposed use must conform to all the General Plan requirements and with all applicable requirements of state law and City ordinance. b. The proposed subdivision does not affect the general health, safety, and welfare of Rems 90-126 2 the public. 2. The City Council, in approving the proposed Time Extension, makes the following findings, to wit: a. There is a reasonable probability that this project will be consistent with City's future General Plan, which will be completed in a reasonable time and in accordance with State law. b. There is not a likely probability of substantial detriment to or interference with the future and adopt general plan, if the proposed use or action is ultimately inconsistent with the plan. c. The proposed use or action complies with state planning and zoning laws. d. 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. e. The project as designed and conditioned will not adversely affect the public health or welfare. f. Parcel Map No. 23430 is compatible with surrounding land uses. The harmony in scale, bulk, height, density and coverage creates a compatible physical relationship with adjoining properties. g. 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. h. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the Negative Declaration adopted by the County for the project. i. The design of the subdivisions consistent with the state map act in regard to the future passive energy control opportunities. Units have significant southern exposure which allows for passive heating opportunities. Deciduous landscaping can be utilized to allow solar penetration in winter and shading in summer. j. 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. k. That said findings are supported by minutes, maps, exhibits and environmental documents associated with these applicants and herein incorporated by reference. E. 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 Resos 90-126 3 development of the surrounding property. Section 2. Conditions. That the City of Temecula City Council hereby approves The First Extension of Time for Tentative Parcel Map 23430 Revised No. 1 for a nine (9) parcel Commercial Subdivision of 44.6 located at the Southwest comer of Ynez and Winchester Roads subject to the following conditions: A. Exhibit A, attached hereto. Section 3. The City shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED, this 18th day of December, 1990. ATTEST: Ronald J. Parks, Mayor June S~ 0x~ek, Deputy City Clerk [SEAL] Resos 90-126 4 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 Temecula at a regular meeting thereof, held on the 18th day of December, 1990 by the following vote of the Council: AYES: 4 COUNCILMEMBERS: Birdsall, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Lindemans Ju ek, Deputy City-Clerk Resos 90-126 5 CITY OF T~M~CDI~ CONDITIONS OF APPROVAL REVISED TENTATIV~ PARCEL MAP NO. 23430 CITY COUNCIL APPROVAL DATE:7/13/9 ORIGINAL EXPIRATION DATE: 8/16/90 EXTENSION EXPIRATION DATE: 8/16/9 o 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 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. 23430, REVISED PERMIT NO. 1, AMENDED NO. 2, 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 E unless modified by the conditions listed below. This approved tentative parcel map will expire two years after the Board of Supervisors 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 County Road Commissioner. Street names shall be subject to approval of the Road Commissioner. 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 Riverside County Surveyor. Legal access as required by Ordinance 460 shall be provided from the parcel map boundary to a City maintained road. All delinquent property taxes shall be paid prior to recordation of the final map. Prior to any grading, a Grading Plan in compliance with the Uniform Building Code, Chapter 70, as amended by Ordinance 457, shall be submitted to the City Department of Building and Safety. T~NTATIV~ PARCEL MAP NO. 23430 REVISED PF~MIT NO. 1 AMP/~DED NO. 2 Conditions of Approval Page 2 The subdivider shall comply with the street improvement reco~m~endations outlined in the County Road Department's letter dated 2-14-90, a copy of which is attached. 10. The subdivider shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated 12-06-89, a copy of which is attached. 11. The subdivider shall comply with the flood control reconmzendations outlined in the Riverside County Flood Control District's letter dated 12-06-89, 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 Co~issioner prior to recordation of the final map or waiver of parcel map. 12. The subdivider shall comply with the fire improvement recommendations outlined i the County Fire Department's letter dated 12-04-89, a copy of which is attached. 13. The subdivider shall comply with the recon~,endations outlined in the Building and Safety Department: Land Use Section's transmittal dated 12-13-89, a copy of which is attached. 14. The subdivider shall comply with the recommendations outlined i the Building and Safety Department: Grading Section's transmittal dated 10-12-89, a copy of which is attached. 15. The subdivider shall comply with the recommendations outlined County Geologic Report No. 418 update and in the County Geologist transmittal dated 8-15-89, a copy of which is attached. D~fF_./~PMF, NT STANDAI~DS: 16. Lots created by this land division shall be in conformance with the development standards of the C-P-S zone. PRIOR TO RECORD~TION OF T~ FINAL MAP 17. Prior to the recordation of the Final Map, the following condition shall be complied with: So A copy of the Environmental Constraints Sheet (ECS) shall be transmitted to the Planning Department for review and approval. TENTATIVE pA~CF.?. MAP NO. 23430 REVISED PEP~IT NO. 1 AMENDED NO. 2 Conditions of Approval Page 3 ENVIRONMF_NTAL CONSTRAINT S}~-~.T CONDITIONS 18. An Environmental Constraints Sheet (ECS) shall be prepared with the final map to delineate identified environmental concerns and shall be permanently filed with the Office of the County Surveyor. Prior to the recordation of the final map, 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. The following notes shall be placed on the Environmental Constraints Sheet. "The notice appearing in Section 6.a. of Ordinance No. 625, the Riverside County Right-to-Farm Ordinance, shall be placed on the Environmental Constraints Sheet, with Lots No. 1 thru 9 identified therein, the manner provided in said Section 6.a., as being located partly or wholly within, or within 300 feet of, land zoned for primarily agricultural purposes by the County of Riverside." Do "County Archaeological Report No. 1203 was prepared for this property on 3-28-88 by Christopher Drover, and is on file at the County of Riverside Planning Department." Co "County Biological Report No. 195 was prepared for this property in March 1988 by the Planning Center, and is on file at the Riverside County Planning Department." do "County Geological Report No. 418-update was prepared for this property on April 14, 1989 by Highland Geotechnical Consultants and is on file at the Riverside County Planning Department. Specific items of concern in the report are as follows: liquefaction. "This property is located with 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." 19. 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 Riverside County Surveyor. These constraints affect all parcels. 20. Prior to the issuance of grading permits, the applicant shall comply with Ordinance No. 663 by paying fees required by that ordinance which is based on the gross acreage of the parcels proposed for development. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fees required by Ordinance No. 663. the applicant shall pay the fee required under the Habitat Conservation Plan as implemented by City ordinance or resolution. TENTATI~ PARCEL M~P NO. 23430 REVISED PER~IT NO. 1 AMENDED NO. 2 Conditions of Approval Page 4 21. This project is located within a Subsidence Report Zone. Prior to issuance of any building permit by the City of Temecula Department of Building and Safety, a Caiifornia Licensed Structural Engineer shall certify that the intended structure or building is safe and structurally integrated. This certification shall be based upon, but not be limited to, the site specific seismic, geologic and geotechnical conditions. Where hazard of subsidence or fissure development is determined to exist, appropriate mitigation measures must be demonstrated.