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HomeMy WebLinkAbout91-008 CC ResolutionRESOLUTION NO. 91-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE PARCEL MAP NO. 25059 TO SUBDIVIDE A 5.51 ACRE PARCEL INTO FOUR (4) PARCELS LOCATED ON RIDGE PARK DRIVE AND KNOWN AS ASSESSOR'S PARCEL NOS. 940-310-033-034,037 WHEREAS, Preferred Equities filed Tentative Parcel Map No. 25059 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 Planning Commission considered said Parcel Map on December 17, 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 Parcel Map; WHEREAS, the City Council conducted a public hearing pertaining to said Parcel Map on January 15, 1991, at which time interested persons had opportunity to testify either in support or opposition to said Parcel Map; and WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding the Parcel 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 requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: 1. The city proceeding in a timely fashion with the preparation of the general plan. Resos 91-08 2. The planning agency findings, 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. CO) 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. © 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 plan. 2. The Planning Commission finds, in approving projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following; (a) Them is reasonable probability that Parcel Map No. 25059 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. Co) Them 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. © The proposed use or action complies with all other applicable requirements of stat 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: Resos 91-08 2 (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. © 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. (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 Tentative Parcel Map, makes the following findings, to wit: (a) There is a reasonable probability that Tentative Parcel Map No. 25059 will be consistent with the City's future General Plan, which will be completed within a reasonable time in accordance with State Law. (b) There is not a likely probability of substantial detriment to or interference with the future and adopted General Plan, if the proposed use or action is ultimately inconsistent with the plan. © 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 circulation patterns, access, and density. Resos 91-08 3 (e) The project as designed and conditioned will not adversely affect the public health or welfare. (f) Tentative Parcel Map No. 25059 is compatible with surrounding land uses. The harmony in scale, bulk, height, density, and coverage is likely to create a compatible physical relationship with adjoining properties. (g) The proposal will not have an adverse affect on surrounding property, because it does not represent a significant change to the present or planned land use of the (h) The property as design and conditioned will not adversely affect the built or natural environment as determined in the Initial Study for this project. (I) That said findings are supported by minutes, maps, exhibits, and environmental documents associated with this application are herein incorporated by reference. (j) The project will not have a significant adverse impact on the environment in that Stepben's Kangaroo Rat Habitat Conversation fees are required and archaeological resources are not likely to be found at the site. (k) The project will not be detrimental to human health or safety in that drainage and flood control measures must be approved by FEMA prior to map recordation, and the potential for liquefaction, differential subsidence, and surface fissuring at the site are very low. A soils report must be submitted to the Building and Safety Department addressing soil stability and geological conditions. 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 approved Tentative Parcel Map No. 25059 for the subdivision of a 5.51 acre parcel into four (4) parcels located on Ridge Park Drive and known as Assessor's Parcel Nos. 940-310-033,034 and 037, subject to the following conditions: A. Exhibit A, attached hereto. Resos 91-08 4 _ SECTION 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED, this 15th day of January, 1991. Ronald J. Parks, Mayor ATTEST: June~~k, Deputy City~-~ [SEAL] 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 15th day of January, 1991 by the following vote of the Council: AYES: 4 COUNCIL MEMBERS: Birdsall, Moore, Mufioz, Lindemans NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAINED: 1 COUNCILMEMBER: Parks eek, Deputy Rcaos 91-08 5 CITY OF TEMECULA CONDITIONS OF APPROVAL Tentative Parcel Map No: 25059 Project Description: Four 14) Lot Industrial Subdivision Assessor's Parcel No.: 940-310-033, 034 and 037 Planning Department The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, Schedule E, 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 January 15, 1993. 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. 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. o 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. o 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. STAFFRPT\PP34 32 10. 11. 12. 13. 14. 15. An Association shall be established for maintenance of Lot 4. Open Space/Common Area and the developer/applicant shall pay for all costs relating to establishment of the Property Owners Association. A copy of the final grading plan shall be submitted to the Planning Department for review and approval. All on-site cut and fill slopes shall: Be limited to a maximum slope ratio of 2 to 1 and a maximum vertical height of thirty (30) feet. Setbacks from top and bottom of slopes shall be a minimum of one-half the slope height. b. Be contour-graded to blend with existing natural contours. c. Be a part of the downhill lot when within or between individual lots. All slopes over three (3) feet in height shall be landscaped and irrigated according to the City Development Code. A detailed landscaping and irrigation plan, prepared by a qualified professional, shall be submitted to the City Planning Department for review and approval prior to issuance of grading permits. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy, as outlined in the Southwest Area Plan. 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 I-P (Industrial Park) 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, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Planning Director. Prior to recordation of the final map. an Environmental Constraints Sheet I ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. 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. STAFFRPT\PP34 33 16. Prior to the issuance of GRADING PERMITS the following conditions shall be satisfied: I1) 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 the following: Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation, bo Landscape screening where required shall be designed to be opaque up to a minimum height of six (6) feet at maturity. Co 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. do Parkways shall be landscaped to provide visual screening or a transition into the primary use area of the site. Landscape elements shall include earth herming, ground cover, shrubs and specimen trees. Front yards shall be landscaped and street trees planted. Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. fo 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/or retained, All trees shall be minimum double staked. Weaker and/or slow growing trees shall be steel staked. STAFFRPT\PP34 34 17. If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. 3. Preliminary pad and roadway elevations. 4. Areas of temporary grading outside of a particular phase. 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: 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 grading permits. a qualified paleontologist shall be retained by the developer for consultation and comment on the proposed grading with respect to potential paleontologicai impacts. Should the paleontologist find the potential is high for impact to significant resources. a pre-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. STAFFRPT\PP34 35 18. 19. 20. 21. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: 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. 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. Co 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 requiring landscaping and irrigation to be installed including, but not limited to, parkway planting, street trees, slope planting, and individual front yard landscaping. Prior to the issuance of OCCUPANCY PERMITS the following conditions shall be satisfied: ao All landscaping and irrigation shall be installed in accordance with approved plans prior to the issuance of occupancy permits. If seasonal conditions do not permit planting. interim landscaping and erosion control measures shall be utilized as approved by the Planning Director and the Director of Building and Safety. All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by City field inspection. Not withstanding the preceding conditions, wherever an acoustical study is required for noise attenuation purposes, the heights of all required walls shall be determined by the acoustical study where applicable. 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. 25059, which action is brought within the time period provided STAFFRPT\PP34 36 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. 22. The developer shall make a good faith effort to acquire the required off-site property interests. and if he or she should fail to do so, the developer shall at least 120 days prior to submittal of the final map for approval. enter into an agreement to complete the improvements pursuant to Government Code Section 66462 at such time as the City acquires the property interests required for the improvements. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. 23. 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 provided. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. Covenants. Conditions and Restrictions/Reciprocal Access Easements: 25. The Covenants. Conditions and Restrictions (CC&R's) shall be reviewed and approved by the Planning Department prior to final approval of the tract maps. The CC&R's shall include liability insurance and methods of maintaining the open space, recreation areas. parking areas. private roads. and exterior of all buildings. 26. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development. such assessment power to be sufficient to meet the expenses of such entity. and with authority to control. and the duty to maintain. all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs. and services. Recorded CC&R's shall permit enforcement by the City of Provisions required by the City as Conditions of Approval. The developer shall submit evidence STAFFRPT\PP34 37 of compliance with this requirement to, and receive approval of. the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 27. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot. either ( 1 ) an undivided interest in the common areas and facilities, or (2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. 28. Maintenance for all landscaped and open areas. including parkways. shall be provided for in the CC&R's. 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 drainacje courses. and their omission may require the project to be resubmitted for further consideration. 29. The Developer shall comply with the State of California Subdivision Map Act. and all applicable City Ordinances and Resolutions. 30. 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 RECORDATION OF THE FINAL MAP: 31. The developer shall receive written clearance from the following acjencies: Rancho California Water District; Eastern Municipal Water District: Riverside County Flood Control district: City of Temecula Fire Bureau; Planning Depart;-~ent; Engineering De/~artment; Riverside County Health Department: and CATV Franchise. CalTrans STAFFRPT\PP34 38 32. 33. 34. A declaration of Covenants, Conditions and Restrictions (CC&R's) shall be prepared by the developer and submitted to the Director of Planning, City Engineer and City Attorney. The CC&R's shall be signed and acknowledged by all parties having any record title interest in the property to be developed, shall make the City a party thereto, and shall be enforceable by the City. The CC&R's shall be reviewed and approved by the City and recorded. The CC&R's shall be subject to the following conditions: a. The CC&R's shall be prepared at the developer's sole cost and expense. be The CC&R's shall be in the form and content approved by the Director of Planning, City Engineer and the City Attorney, and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interest of the City and its residents. The CC&R's and Articles of Incorporation of the Property Owner's Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. The CC&R's shall provide for the effective establishment, operation, management. use, repair and maintenance of all common areas and facilities. The CC&R's shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. The CC&R's shall provide that if the property is not maintained in the condition required by the CC&R's, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&R's or the City ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. Street lights shall be provided along streets adjoining the subject site in accordance with the standards of Ordinance No. 461 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 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. STAFFRPT\PP34 39 PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 35. 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 l 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: 36. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the City Engineer for the intersection of Rancho California Road and Ridge Park Drive. 37. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the City Engineer for the intersection of Rancho California Road and Ridge Park Drive. Based on the Traffic Study, these plans shall be designed to provide for 300' of left turn storage capacity on westbound Rancho California Road to southbound Ridge Park Drive. 38. Credit shall be given toward the developers signal mitigation fees for the design and construction of the signal at Ridge Park Drive and Rancho California Road. 39. The developer shall contribute 46 percentage for the construction costs of the signal at Rancho California Road and Ridge Park Drive. The developer may enter into a reimbursement agreement with the City for the remaining percentage of the construction costs, above his pro rata share, for the signal at Rancho California Road and Ridge Park Drive. Plans for traffic signal interconnect shall be designed by a registered Civil Engineer and approved by the City Engineer along Rancho California Road from Diaz Road to Ridge Park Drive. 42. Prior to designing any of the above plans. contact Transportation Engineering for the design requirements. STAFFRPT\PP34 40 PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: All signing and striping shall be installed per the approved signing and striping plan. The traffic signal at Rancho California Road and Ridge Park Drive shall be installed and operational per the special provisions and the approved traffic signal plan. 45. All traffic signal interconnects shall be installed per the approved plan. STAFFRPT\PP34 41