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HomeMy WebLinkAbout91-023 CC Resolution RESOLUTION NO. 91-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE PARCEL MAP NO. 24038 TO SUBDIVIDE A 4.99 ACRE PARCEL INTO 3 COMMERCIAL PARCELS LOCATED ON THE SOUTH SIDE OF MORENO ROAD, BETWEEN MERCEDES STREET AND 1-15 AND KNOWN AS ASSESSOR' S PARCEL NO. 921-070-022 WHEREAS, Massaro and Welsh filed Tentative Parcel Map No. 24038 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WltEREAS, said Tentative Parcel Map application was processed in the time and manner prescribed by State and local law: WHEREAS, the Planning Commission considered said Tentative Parcel Map on January 28, 1991, 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 Tentative Parcel Map. WHEREAS, the City Council considered said Tentative Parcel Map on February 26, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Council hearing, the Council approved said Tentative 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 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 Resos 91-23 - 1 - plan. 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. (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 ordinance. 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 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 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 Tentative Parcel Map No. 24038 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. 1. Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be approved unless the following findings are made: Resos 91-23 -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. (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. (e) That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidable injure fish or wildlife or their habitat. (f) That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. (g) That the design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternate easements for access or 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 record or to easements established by judgment of a court of competent jurisdiction. 2. The Council in approving of the proposed Tentative Parcel Map, makes the following findings, to wit: Code. (a) The proposed division is consistent with the Southwest Area Plan and Zoning A. There is no minimum lot size in the commercial zone, and the area is identified by SWAP as commercial. (b) The lot design is logical and meets the approval of the City's Planning and Engineering Departments. A. The lot design facilitates parking, access, and site design. (c) The legal owner of record has offered to make all dedications requirements. A. Conditions of Approval require dedication prior to final map Resos 91-23 -3- recordation. (d) The project will not have a significant adverse affect on the environment. A Negative Declaration is recommended and all impacts will be reduced to insignificant levels through recommended conditions of approval. all impacts. A. An Initial Study was prepared including mitigation which will alleviate (e) There is a reasonable probability that the project will be consistent with the City's General Plan once adopted, based on analysis contained in the Staff Report. A. The surrounding area currently supports commercial projects, and is identified by SWAP as commercial. (f) There is not likely probability of substantial detriment to or interference with the future General Plan, if the proposed use is ultimately inconsistent with the plan. A. If the proposed use is inconsistent, it will not be detrimental because of the commercial nature of surrounding uses. (g) The project as proposed provides adequate provisions for future passive or natural solar heating or cooling opportunities. A. All Three (3) proposed parcels include sufficient southern exposure. (h) That said findings are supported by minutes, maps, exhibits and environmental documents associated with these applicants and herein incorporated by reference. A. This Staff Report contains mapping, Conditions of Approval, and an Initial Study which support the Staff recommendation. E. As conditioned pursuant to SECTION 3, the Tentative Parcel 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. SECTION 3. Conditions. That the City of Temecula Planning Commission hereby approves Tentative Parcel Map No. 24038 for the subdivision of a 4.99 acre parcel into 3 Resos 91-23 -4- commercial parcels located on the south side of Moreno Road, Between Mercedes Street and 1-15 and known as Assessor's Parcel No. 921-070-022 subject to the following conditions: A. Exhibit A, attached hereto· SECTION 4. The City Clerk shall certify the adoption of this Resolution· PASSED, APPROVED AND ADOPTED this 26th day of February, 1991. ATTEST: Ronald J. Parks, Mayor City Clerk [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 26th day of February, 1991 by the following vote of the Council: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Moore · Greek, City ETerlr Resos 91-23 -5- CITY OF TEMECULA CONDITIONS OF APPROVAL Tentative Parcel Map No: 24038 Planninq 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 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 City Engineer 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 City maintained road. All road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the City Engineer. Street names shall be subject to approval of the City Engineer. Easements, when required for roadway slopes, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the City Engineer. STAFFRPT\PP76 1 10. 11. 12. 13. 15. Prior to the recordation of the Final Map, the following agencies shall provide written verification to the Engineering Department that all pertinent Conditions of approval and applicable regulations have been met: Planning Department Temecula Valley School District Fire District Engineer Department County Health Department Water District Flood Control District Easter Municipal Water District. 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. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated September 25, 1989, a copy of which is attached. The applicant shall comply with the flood control recommendations outlined in the Riverside County Flood Control District's letter dated November 14, 1989, 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 460, appropriate fees for the construction of area drainage facilities shall be collected by the City prior to issuance of Grading Permits. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated November 29, 1989, a 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. STAFFRPT\PP76 2 16. 17. 18. 19. 20. 21. The applicant shall comply with the recommendations outlined in the Eastern Municipal Water District transmittal dated October 6, 1988, a copy of which is attached. 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 C-P-S ( Scenic Highway Commercial) zone. be 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 IECS) 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. The following note shall be placed on the Environmental Constraints Sheet: "This property is located within thirty 130) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendation. 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 the following: ao 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. STAFFRPT\PP76 3 ee fo jo ko 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. Wall plans shall be submitted for the project perimeter. 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 accent trees at key visual focal points within the project. 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, 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. 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. Existing pine trees adjacent to the southwesterly property line of proposed Parcel No. 3 shall remain, and shall be reflected on future proposed landscape plans. If it is proven that it is impossible to retain the existing trees, then final landscape plans shall indicate the replacement of trees which are 36" box or greater. STAFFRPT\PP76 4 22. 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 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. 23. 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. 24038, 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. 24. 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. 25. Within forty-eight ~48) hours of the approval of the project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of One Thousand, Two Hundred, Seventy-Five Dollars ($1,275.00), which includes the One Thousand, Two Hundred, Fifty Dollars ( $1,250.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(2) plus the Twenty- Five Dollar ($25.00) County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). 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\PP76 5 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. 26. The Developer shall comply with the State of California Subdivision Map Act, and all applicable City Ordinances and Resolutions. 27. 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: 28. 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. CalTrans 29. Moreno Road shall be dedicated to 44' from centerline on the final map. 30. 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. bo 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. do The CC&R's shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas and facilities. STAFFRPT\PP76 6 ee The CC&R's shai~l provide that the property shall be developed, operated and maintained so as not to create a public nuisance. fo 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. i. The declaration shall contain language prohibiting further subdivision of any lots, whether they are lettered lots or numbered lots. ii. All parkways, open areas, and landscaping shall be permanently maintained by an association or other means acceptable to the City. Such proof of this maintenance shall be submitted to the Planning and Engineering Divisions prior to issuance of building permits. III. Reciprocal access easements and maintenance agreements including access between Parcel Nos. 2 and 3 as shown on Plot Plan No. 76 ensuring access to all parcels and joint maintenance of all roads, drives or parking areas shall be provided by CC&R's or by deeds and shall be recorded concurrent with the map or prior to the issuance of building permit where no map is involved. 31. 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. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 32. 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. STAFFRPT\PP76 7