HomeMy WebLinkAbout90-109 CC ResolutionRESOLUTION NO. 90-109
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING VESTING TENTATIVE
TRACT MAP NO. 25004 TO SUBDIVIDE A 59 ACRE
PARCEL INTO A 135 UNIT SINGLE FAMILY
SUBDIVISION AT THE NORTHEAST CORNER OF
SERAPHINA ROAD AND RITA WAY
WHEREAS, Brent Dix filed Vesting Tentative Tract Map No. 25004 in accordance with
the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City
has adopted by reference;
WHEREAS, said Tentative Tract Map application was processed in the time and manner
prescribed by State and local law:
WHEREAS, the City Council considered said Vesting Tentative Tract Map on November
13, 1990, at which time interested persons had an opportunity to testify either in support of
opposition;
WHEREAS, at the conclusion of the Council hearing, the Council approval of said
Tentative Tract Map;
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, 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.
Reso8 90-109
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 Tentative Tract 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 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 Vesting Tentative Tract Map No. 25004 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 of 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. Pursuant to Section 6.5, no Tentative Tract Map may be approved unless the
applicant demonstrates the proposed use will not be detrimental to the health safety and welfare
of the community, and further, that any Tentative Tract Map approved shall be subject to such
conditions as shall be necessary to protect the health, safety and general welfare of the
community.
E. As conditioned pursuant to SECTION 3, the Tentative Tract Map 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.
Resoa 90-109
Section 3. Conditions. That the City of Temecula City Council hereby approved
Tentative Tract Map No. 25004 for the subdivision of a 59 acre parcel into a 135 unit single
family subdivision located at the northeast comer of Seraphina Road and Rita Way subject to
the following conditions:
A. Exhibit A, attached hereto.
PASSED, APPROVED AND ADOPTED, this 13th day of November, 1990.
Ronald J. Parks, Mayor
ATTEST:
[SEAL]
Deputy City L'ter~
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA )
I, June S. Greek, Deputy City Clerk of the City of Temecula, HEREBY DO CERTIFY
that the foregoing Resolution No. 90-109 was duly adopted at a regular meeting of the City
Council of the City of Temecula on the 13th day of November, 1990, by the following roll call
vote.
AYES: 5
COUNCILEMBERS:
Birdsall, Lindemans, Mufioz,
Moore, Parks
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
June 5L_gte~, Deputy City Cl'ert~
Resos 90-109
.-'-' CITY OF TEMECULA
CONDITIONS OF APPROVAL
Vestin<j Tentative Tract No. 25004
Council Approval Date:
Expiration Date:
Planninq Department
The tentative subdivision shall comply with the State of California Subdivision
Map Act and to all the requirements of Ordinance 460, Schedule A, unless
modified by the conditions listed below.
This conditionally approved tentative map will expire two years after the City
Council approval date, unless extended as provided by Ordinance 460.
The final map shall be prepared by a licensed land surveyor subject to all the_-
requirements of the State of California Subdivision Map Act and Ordinance_-_
460. *"
The subdivider shall submit one copy of a soils report to the Riverside County '
Surveyor's Office and two copies to the Department of Building and Safety.
The report shall address the soils stability and geological conditions of the
site,
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 County 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.
Subdivision phasing, including any proposed common open space area
improvement phasing, if applicable, shall be subject to Planning Department
approval. Any proposed phasing shall provide for adequate vehicular access
to all lots in each phase, and shall substantially conform to the intent and
purpose of the subdivision approval.
STAFFR PT\VTT250011 1
10.
11.
The applicant shall.'cd/nply with the environmental health recommendations
outlined in the,County Health Department's transmittal dated May 23, 1990, a
copy of whicl~ is attached.
The applicant shall comply with the flood control recommendations outlined in
the Riverside County Flood Control District's letter dated April 11, 1990, a
copy of which is attached. If the project lies within an adopted flood control
drainage area pursuant to Section 10.25 of City of Temecula Land Division
Ordinance ~60, appropriate fees for the construction of area drainage facilities
shall be collected by the City prior to issuance of Occupancy Permits.
12.
The applicant shall comply with the fire improvement recommendations outlined
in the County Fire Department's letter dated September ~, 1990, a copy of
which is attached.
13.
15.
The applicant shall comply with the recommendations outlined in the Building
and Safety Department: Land Use Section's transmittal dated April 13, 1990,
a copy of which is attached.
The applicant shall comply with the recommendations outlined in the Building
and Safety Department: Grading 5ection's transmittal dated May 1, 1990,
copy of which is attached.
All proposed construction shall comply with the California institute of
Technology, Palomar Observatory/Outdoor Lighting Policy, as outlined in the
Southwest Area Plan.
16.
The applicant shall comply with the recommendations outlined in the Eastern
Municipal Water District transmittal dated May 9, 1990, a copy of which is
attached.
17. 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 I Single Family) 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.
18.
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.
19.
Prior to the issuance of GRADING PERMITS the following conditions shall be
satisfied:
Prior to the issuance of grading permits detailed common open space
area landscaping and irrigation plans shall be submitted for Planning
Department approval for the phase of development in process. The
plans shall be certified by a landscape architect, and shall provide for
STAFFRPT\VTT2500tl. 2
20.
the
a. P~rmanent automatic irrigation systems shall be installed on all
landscaped areas requiring irrigation.
All utility service areas and enclosures shall be screened from
view with landscaping and decorative barriers or baffle
treatments, as approved by the Planning Director. Utilities shall
be placed underground.
Parkways shall be landscaped to provide visual screening or a
transition into the primary use area of the site. Landscape
elements shall include earth berming, ground cover, shrubs and
specimen trees. Front yards shall be landscaped and street trees
planted.
ee
Wall plans shall be submitted for the project perimeter and along
Murrieta Hot Springs Road. Wooden fencing shall not be allowed
on the perimeter of the project. All lots with slopes leading down
from the lot shall be provided with gates in the wall for
maintenance access.
Landscaping plans shall incorporate the use of specimen accentS:.--
trees at key visual focal points within the project.
Where street trees cannot be planted within right-of-way of
interior streets and project parkways due to insufficient road
right-of-way, they shall be planted outside of the road right-of-
way.
Landscaping plans shall incorporate native and drought tolerant
plants where appropriate.
All existing specimen trees and significant rock outcroppings on
the subject property shall be shown on the project's grading
plans and shall note those to be removed, relocated and Jot
retained.
All trees shall be minimum double staked. Weaker and Jot slow
growing trees shall be steel staked.
Prior to the issuance of grading permits, a qualified paleontologist shall be
retained by the developer for consultation and comment on the proposed
grading with respect to potential paleontological impacts. Should the
paleontologist find the potential is high for impact to significant resources, a
pt.-grade meeting between the paleontologist and the excavation and grading
contractor shall be arranged. When necessary, the paleontologist or
representative shall have the authority to temporarily divert, redirect or halt
grading activity to allow recovery of fossils.
S'TAFFRPT\VTT2500tl 3
21.
Prior to the issuance...o{. BUI'LDING PERMITS the following conditions shall be
satisfied: ~
a. 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 pubtic 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.
be
Prior to the submittal of building plans to the Department of Building
and Safety an acoustical study shall be performed by an acoustical
engineer to establish appropriate mitigation measures that shall be
applied to individual dwelling units within the subdivision to reduce
ambient interior noise levels to 45 Ldn.
Co
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.
Prior to the issuance of building permits, composite landscaping and
irrigation plans shall be submitted for Planning Department approval.;
The plans shall address all areas and aspects the tract requirinc~¥_
landscaping and irrigation to be installed including, but not limited to,
parkway planting, street trees, slope planting, and individual front-
yard landscaping.
eo
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.
Roof-mounted equipment shall be shielded from view of surrounding
property.
ho
Building separation between all buildings including fireplaces shall not
be less than ten i10) feet.
i. All street side yard setbacks shall be a minimum of ten (10) feet.
j. All front yards shall be provided with land _s~p~, ing and automatic
irrigation.
ke
Applicant shall obtain necessary clearances from the County of
Riverside Airport Land Use Commission. If necessary, the applicant
shall file a White Report with the Department of Real Estate advising
future property owners of potential airport impact. (As amended by
P.C. on 10-15-90.)
STAFFRPT\VTM25004 4
22.
Lots 137, 138,--1~9~-and 1~0 shall be dedicated to the City as unimproved
park sp,ace. *(As amended by P.C. on 10-15-90. )
Prior to issuance of any grading permit, the applicant must submit either a
letter from the Department of Fish and Game which states that the identified
habitat area will not be affected by the proposed development, subject to the
approval of the Planning Director.
23.
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.
Prior to issuance of building permits, applicant shall be required to pay
applicable Quimby Fees in accordance with Section 10.35 of Ordinance 460.
25.
26.
Final landscape plans shall substantially conform to the design guidelines
submitted April, 1990. -~-
Prior to issuance of building permits applicant shall comply with agency letters;¥~-
identified and dated:
County Health Department, May 23, 1990
County Flood Control, April 11, 1990
EMWD, May 9, 1990
County Geologist, March 30, 1990
County Health Department, April 5, 1990
County Fire Department, April 11, 1990
County Road Department, April 24, 1990.
27.
Prior to issuance of any occupancy permits, the applicant shall obtain
approval from the Planning Director, the Temecula Valley Unified School
District, and the City Engineer, of a safe walking path between the subject
tract and Nicolas School. IAs amended by P.C. on 10-15-90. )
28.
Any and all signage andJot sign maintenance proposed for this tract shall be
by separate permit, subject to the approval of the Planning Director.
amended by P.C. on 10-15-90. )
29.
Prior to issuance of any occupancy parmits, maintenance for Lot No. 141 shall
be conveyed to the homeowners association. IAs amended by P.C. on 10-15-
9o. )
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.
STAFFRPT\VTM25004 5
It is understood that the Developer correctly shows all existing easements. traveled
ways, and drainage, couil~ses, and their omission may require the project to be
resubmitted for further consideration.
30.
The Developer shall comply with the State of California Subdivision Map Act.
and all applicable City Ordinances and Resolutions.
PRIOR TO FINAL MAP APPROVAL:
31. 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.
32.
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. ~0.
33~.
All parkways. open areas. and landscaping shall be pe~,,,,,ently maintained'
by a homeowners association or other means acceptable to the City. Such
proof of this maintenance shall be submitted to the Planning and Engineering
Department.
Murrieta Hot Springs Road shall be improved within the dedica[ed right-of-
way in accordance with Riverside County Standard No. 100 186'/110').
35.
In the event that Murrieta Hot Springs Road is not constructed by Asse~m~ent
District 161 prior to final map recordation. the developer shall
construct/bond. for the improvements to provide for improvements per
Riverside County Standard No. 100 186'/110').
36.
B. C. D. and E Streets. "H" Court. and Sandpiper Lane shall be improved
within the dedicated right-of-way in accordance with Riverside County
Standard No. 10~. Section A (~0'/60).
37.
"F" and "G" Streets shall be improved within the dedicated. right-of-way in
accordance with Riverside County Standard No. 103. Section A
38.
Seraphina Road shall be improved with 32 feet of asphalt concrete pavement
within a 36 foot dedicated right-of-way measured from the west tract boundary
line, in accordance with Riverside County Standard No. 103, Section A
(L~'/66).
39.
"A" Street shall be improved with 32 feet of asphalt concrete pavement within
a 60 foot full width dedicatedright-of-way in accordance with modified County
Standard No. 10~. Section A (~0/60).
STA FFR PT\ V TM2500t~ 6
ql.
45.
The subdivider sha~'cb'n~truct or post security guaranteeing the construction
of the follow, ling public improvements in conformance with applicable City
standards.
Street improvements, including, but not limited to:
and gutter, sidewalks, drive approaches, street
striping, and traffic control devices as appropriate.
pavement, curb
lights, signing,
b. Storm drain facilities.
c. Landscaping I street and parks).
d. Sewer and domestic water systems.
The subdivider shall provide bonds and agreement clearances from all
applicable agencies and pay all fees prior to the approval of the map,
The street design and improvement concept of this project shall be coordinated
with adjoining developments.
Street lights shall be provided along streets adjoining the subject site
accordance with the standards of Ordinance No. ~61 and as approved by the--
City Engineer.
Prior to recordation of the final map, the developer shall deposit with the
Engineering Department a cash sum established per lot as mitigation for a
traffic signal impact.
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..
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.
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 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 66~62.5, which shall be at no cost to the City.
A hydrology study shall be submitted to and approved by the City Engineer.
All drainage facilities shall be installed as required by the City Engineer.
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 Enginc~-~s Office,
in addition to any other permits required.
STAFFR PT~VTM2560/4 7
50.
Street improvement pla'ns including parkway trees and street lights prepared
by a Register~ci C~il Engineer and approved by the City Engineer shall be
required for~il public streets prior to issuance of an encroachment permit.
Final plans and profiles shall show the location of existing utility facilities
within the right-of-way.
51.
The subdivider shall notify the City's CATV Franchises of the Intent to
Develop, Conduit shall be installed to CATV Standards prior to issuance of
Certificates of Occupancy,
52.
Corner cutbacks, in conformance with City Standard No. 805. shall be offered
for dedication and sl,own on the final map.
PRIOR TO ISSUANCE OF GRADING PERMIT:
53.
The subdivider shall submit four prSnts 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 2~" x 36" mylar by a Registered Civil
Engineer.
A grading permit shall be obtained from the Engin::ring Department prior t~.'.
commencement of any grading outside of the City-maintained road right-of
way.
55. All lot drainage shall be to the street by side yard drainage swales
independent of any other lot.
56.
A permit from the County Flood Control District is required for work within
its right-of-way.
PRIOR TO CERTIFICATE OF OCCUPANCY:
57.
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 the 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 the developer. Developer understands that said Agreement may
require the payment of fees in excess of those now estimated l assuming
benefit to the project in the amount of such fees) and specifically waives its
right to protest such increase.
58.
Construct full street improvements including but not limited to, curb and
gutter, A.C. pavement, sidewalk, drive approaches, parkway tr:c= and
street lights.
59.
All street improvements shall be installed to the satisfaction of the City
Engineer.
5TAFFRPT\VTM2500~ 8
60.
Asphaitic emulsion {fog seal) shall be applied not less than lt~ days following
placement of th, e as~lhatt 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
9q of the State Standard Specifications.
Transportation Enqineerinq
PRIOR TO RECORDATION:
61.
A signing and striping plan shall be designed by a registered traffic
engineer, and approved by the City Engineer for all streets 66/44 or wider
and shall be includ_,d in the street improvement plans.
62.
Prior to designing any of the above plans, contact Transportation Enginccring
for the design criteria.
PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS:
63.
All signing and striping shall be installed per the City standards and the
approved signing and striping plan.
Left turn pocket on Murrieta Hot Springs Road, for Street "G", shall provid~..'~
for 100' of storage capacity, if not included with Assessment District No.
improvements.
65.
Prior to issuance of occupancy permits, if the ultimate circulation system has
not been constructed Iwith Vesting Tentative Tract No. 23q28). this
development will be responsible for the following:
ao
Widen Nicolas Road to accommodate a 200' minimum. centered. left turn
pocket for Joseph Road or for Primary access point.
STA FFR PT\ V TM2500tl. 9