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HomeMy WebLinkAbout91-030 CC ResolutionRESOLUTION NO. 91-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FIRST EXTENSION OF TIME FOR VESTING TENTATIVE TRACT MAP 22627 A 220 LOT RESIDENTIAL SUBDIVISION OF 53 ACRES LOCATED NORTH OF NICOLAS ROAD AND EAST OF GENERAL KEARNY ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 919-350-022,024 AND 025 WItEREAS, Van Daele 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; WItE~S, The Planning Commission considered said Time Extension on February 25, 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 Time Extension. WHEREAS, the City Council conducted a public hearing pertaining to said Time Extension on March 26, 1991, at which time interested persons had opportunity to testify either in support or opposition to said Time Extension; and WItEREAS, 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: Resos 91-30 -1- 1. The City is proceeding in a timely fashion with the preparation of the general plan. 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: general plan. 1. The City is proceeding in a timely fashion with a preparation of the 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. Resos 91-30 -2- 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 ordinances. b. The proposed subdivision does not affect the general health, safety, and welfare of 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 the City's future General Plan, which will be completed in a reasonable time and in accordance with State law, due to the fact that the project is consistent with existing site development standards in that it proposes articulated design features and site amenities commensurate with existing and anticipated residential development standards. 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, due to the fact that the project is in conformance with existing and anticipated land use and design guidelines standards. c. The proposed use or action complies with state planning and zoning laws, due to the fact that the proposed use conforms with those uses listed as "allowed" within the project site's existing R-2 (Multiple Family Dwellings) land use designation. 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, due to the fact that; adequate area is provided for all proposed residential structures; adequate landscaping is provided along the project's public and private frontages; and the internal circulation plan should not create traffic conflicts as design provisions are in conformance with adopted City standards. e. The project as designed and conditioned will not adversely affect the public health or welfare, due to the fact that the conditions stated in the approval are based on mitigation measure necessary to reduce or eliminate potential adverse impacts of the project. f. Vesting Tentative Tract Map No. 22627 is compatible with surrounding land uses. The harmony in scale, bulk, height, density and coverage creates a compatible physical relationship with adjoining properties, due to the fact that the proposal is similar in compatibility with surrounding land uses; and adequate area and design features provide for siting of proposed development in terms of landscaping and internal traffic circulation. Rems 91-30 -3- 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, due to the fact that the proposed project is consistent with the current zoning of the subject site (R-2; Multiple Family Residential), and also consistent with the adopted Southwest Area Community Plan (SWAP) designation of commercial. 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, due to the fact that impact mitigation is realized by conformance with the project's Conditions of Approval. I. The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic, due to the fact that the project currently proposes two independent access points from Nicolas Road and North General Kearny Road which have been determined to be adequate by the City Engineer. 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, due to the fact that this is clearly represented in the site plan and the project analysis. k. That said findings are supported by minutes, maps, exhibits and environmental documents associated with these applicants and herein incorporated by reference, due to the fact that they are referenced in the attached Staff Report, Exhibits, Environmental Assessment, and Conditions of Approval. 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 development of the surrounding property. SECTION 2. Conditions. That the City of Temecula City Council hereby approves The First Extension of Time for Vesting Tentative Tract Map 22627 for a 220 lot residential subdivision of 53 acres located north of Nicholas Road and east of General Kearny Road and known as Assessor's Parcel No. 919-350-022,024, and 025 subject to the following conditions: A. Attached II, attached hereto. SECTION 3. The City Clerk shall certify the adoption of this Resolution. Resos 91-30 -4- PASSED, APPROVED AND ADOPTED, this 26th day of March, 1991. Ronald J. Parks, Mayor ATEEST: [SEXL] 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 March, 1991 by the following vote of the Council: AYES: 5 COUNCILMEMBERS: Birdsall, Moore, Lindemans, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None , City Clerk Rcao. 91-30 -5- ATTACHMENT II CiTY OF TEMECULA ADDITIONAL CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 22627 Commission Approval Date: Expiration Date: Planninq Department Unless previously paid, 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 submit to the Planning Director verification that Section 10.35 of Ordinance No. 460 has been d~-~-~~-~-~he satisfied reqardinq payment of parks and recreation fees in accordance with Section 10.35 of Ordinance No. 460. ~N~-~~ap= Verification shall be submitted prior to issuance of any certificate of occupancy. (Amended per Planning Commission Meeting 2-25- 91) No buildin9 permits shall be issued by the City for any residential lot/unit within the project boundary until the developer's successor's-in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars ($100) per lot/unit shall be deposited with the City as mitigation for public library development. This conditionally approved Extension of Time for Vesting Tentative Tract Map No. 22627 will expire one (1) year after the original expiration date, unless extended as provided by Ordinance 460. The expiration date is September 14, 1991. T~3d'rv+cle~shaiF~bmi~to-t~e Plam~il~-Bir~:tor an-ag~eenwen~ w~t~he ~th~o~ r35~.~n an~o:~-~he~ement~aH~p~ved~y ~he-g~-~~-pr~~ ~l~io~-~he-~-~= (Deleted per Plannin9 Commission Meetin9 2-25-91 ) STAFFRPT\VTM22627 10 Enqineerinq Department The following are the Engineering Department Conditions of Approval for this project. and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the Engineering Department. It is understood that the Developer correctly shows all existing easements, traveled ways, and drainage courses, and their omission may require the project to be resubmitted for further consideration. o The Developer shall comply with the State of California Subdivision Map Act, and all applicable City Ordinances and Resolutions. o 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: The developer shall receive written clearance from the following agencies a~s determined necessary by the City Enqineer or his desiqnated Representative: (Amended per Planning Commission Meeting 2-25-91) 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; CATV Franchise; and Parks and Recreation Department. o All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the City Engineer. 10. 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 or 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 66462.5, which shall be at no cost to the City. STAFFRPT\VTM22627 11 11. The subdivider shall construct or post security and an agreement shall be executed guaranteeing the construction of the following public improvements in conformance with applicable City standards. Street improvements, including, but not limited to: pavement, curb and gutter, medians, sidewalks, drive approaches, street lights, signing, striping, and other traffic control devices as appropriate. b. Storm drain facilities. c. Sewer and domestic water systems. 12. 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. 13. 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. 14. The subdivider shall submit four prints of a comprehensive grading plan to the Engineering Department. The plan shall comply with the Uniform Building Code, Chapter 70, and as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 24" x 36" mylar by a Registered Civil Engineer. 15. 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. 16. Prior to final map, the subdivider shall notify the City's CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. PRIOR TO ISSUANCE OF GRADING PERMITS: 17. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. if the full Area Drainage Plan fee or mitigation charge has already credited to this property, no new charge needs to be paid. PRIOR TO BUILDING PERMIT: STAFFRPT\VTM22627 12 PRIOR TO BUILDING PERMIT: 18. The site is in an area identified on the Flood Hazard Maps as Flood Zone A subject to flooding of undetermined depths. P~r-~r~.h~ app~ovaF~l:-arry I~ans; ;~This project shall comply with the rules and regulations of FEMA for development within a Flood Zone "A" whi~-h-ma~nch~de-obt~ah~i~-tet-t~r-of mal~S~~ rEMS, (Amended per Planning Commission Meeting 2-25- 91) 19. A precise grading plan shall be submitted to the Engineering Department for review and approval, The building pad shall be certified by a registered Civil Engineer for location and elevation. and the Soil Engineer shall issue a Final Soils Report addressing compaction and site conditions, PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 20. Construct full street improvements including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights on all interior public streets. 21. De~elope~sheH-pay-an~-capi~a+ ~ee-f~m- road-im13~ov ¢rr~nt~J-and-pa!~i~FacH i~i es estabfis~~t~date~ wh~~e~~~~ pcm~its for ~e ~ay~ ~ ~H c-Fac~ -Fee; - a-co~ ~-~ ~ ~ -pro~e~ to su~ereaser Prior to Issuance of Certificate of Occupancy the developer shall pay either ( 1 ) a public facility mitiqation fee for road improvements and public facilities imposed upon the property or project, includin~ that for traffic and public facility mitiqation as required under the EIR)Neqative Declaration for the project. in the amount in effect at the time of payment of the fee; or, (2) the current development mitiqation fee with the applicable Reqional Statistical Area as set forth in Ordinance No. 659. whichever is less at the time of payment, (Amended per Planning Commission Meeting 2-25-91 ) Transportation Enqineerinq PRIOR TO RECORDATION OF THE FINAL MAP: 22. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the City Engineer for North General Kearny Road. and shall be included in the street improvement plans, STAFFRPT\VTM22627 13