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HomeMy WebLinkAbout91-068 CC ResolutionRESOLUTION NO. 91-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING SECOND EXTENSION OF TIME FOR PARCEL MAP NO. 21769 AMENDED NO. 3 TO SUBDIVIDE A 94.9 ACRE PARCEL INTO 4 PARCELS LOCATED ON RAINBOW CANYON ROAD IMMEDIATELY SOUTH OF TEMECULA CREEK INN GOLF COURSE AND KNOWN AS ASSESSOR'S PARCEL NO. 922-230-005, 006. WHEREAS, Industrial Commercial Properties filed Tentative Parcel Map No. 21769 Amended. No. 3, Extension of Time in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Tentative Parcel Map Extension application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Tentative Parcel Map Extension on May 20, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WltEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Tentative Parcel Map Extension; WItEREAS, the City Council considered said Tentative Parcel Map Extension on July 2, 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 Extension; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findings. findings: That the Temecula City Council hereby makes the following 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 R¢so 91-68 -1- general plan. (2) The planning agency rinds, 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. (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 Parcel Map 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 rimely fashion with a preparation of the (2) The Planning Commission finds, in recommending approval of projects and taking other actions, including the issuance of building permits, pursuant to this rifle, each of the following: (a) There is reasonable probability that Tentative Parcel Map No. 21769, Extension of Time 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. (c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. Reso 91-68 -2- D. (1) Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be approved unless the following findings are made: a) general and specific plans. That the proposed land division is consistent with applicable 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 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 record or to easements established by judgment of a court of competent jurisdiction. (2) The Council in approving of the proposed Tentative Parcel Map Extension, makes the following findings, to wit: a) The County adopted a Negative Declaration in conjunction with the original approval of Parcel Map No. 21769. b) There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time in that the lots are of sufficient size to conform to the standards of any zone. c) There is not a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed Parcel Map is ultimately Reso 91-68 -3- inconsistent with the Plan. law. d) The proposed use complies with State planning and zoning The project conforms to the current zoning for the site and to Ordinance No. 460, Schedule e) The proposed Parcel Map will be superseded by Revised Parcel Map No. 21769 which will not have a significant detrimental impact on the enforcement in that the revised Parcel Map is a land division for conveyance purposes only and no permits for grading, improvements, or any development related disturbance to the site will be issued prior to the completion of landfill closure requirements and approval of site development plans. f) The design of Revised Parcel Map No. 21769 which will supersede Parcel Map No. 21769 Amended No. 3 is not likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat. g) The design of the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities. h) All lots have acceptable access to existing dedicated rights-or- way which are open to, and are useable by, vehicular traffic. I) The design of the subdivision is such that it is not in conflict with easements for access through or use or the property within the proposed project. j) The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. k) That said findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. E. As conditioned pursuant to SECTION 2, the Tentative Parcel Map Extension is compatible with the health, safety and welfare of the community. SECTION 2. Conditions. That the City of Temecula City Council hereby approves a Second Extension of Time for Tentative Parcel Map No. 21769 for the subdivision of a 94.9 acre parcel into 4 parcels located on Rainbow Canyon Road immediately south of Temecula Creek Inn Golf Course and known as Assessor's Parcel No. 922-230-005,006 subject to the following conditions: A. Exhibit A, attached hereto. Reso 91-68 -4- SECTION 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 2nd day of July, 1991. Ronald J. Parks, Mayor ATTEST: Ju 1 [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I I-IERERY 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 2nd day of July, 1991 by the following roll call vote: AYES: 4 COIJNCILMEMBERS: Birdsall, Moore, Lindemans, Mufioz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Parks Greek, R¢~o 91-68 -5- EXHIBIT "A" CiTY OF TEMECULA CONDITIONS OF APPROVAL Parcel Map No: 21769 Amended No. 3 Project Description: To create 4 parcels on a 94.9 acre site. Assessor's Parcel No.: 922-230-005, 006 Plannin.q Department The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, Schedule _H, 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. The Second Extension of Time will expire four years after the original approval date, unless extended as provided by Ordinance 460. The expiration date is August 21, 1991. e Any delinquent property taxes shall be paid prior to recordation of the final map. 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. 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. 21769, 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. e All existing specimen trees on the subject property shall be preserved. Where they cannot be preserved they shall be relocated or replaced with specimen trees as approved by the Planning Director. A :PM21769 12 Prior to issuance of permits for grading, construction, or improvements on the site, a work plan for the disposal of contaminated soils resulting from previous waste disposal operations conducted on the site shall be approved by the County solid Waste Management Local Enforcement Agency ~ LEA) and shall be implemented to completion and all required post-excavation clearance shall be obtained from LEA and the regional air and water quality agencies. No gradin9. construction or site improvements shall occur prior to approval of specific development plans for the site. 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, These conditions shall either supplement or replace as noted all conditions of the original Tentative Map approval and subsequent amendments, 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, The Developer shall comply with the State of California Subdivision Map Act. and all applicable City Ordinances and Resolutions. 10. 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: 11. As deemed necessary by the City Engineer or his representative. 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; CATV Franchise; and Parks and Recreation Department, 12. All road easements and Jot 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. A:PM21769 13 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, An agreement for the development of a loop road shall be executed for construction of the internal loop road as directed by the City Engineer. 15, 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: 16. Prior to issuance of a grading permit on any parcel. a formal development plan shall be submitted to the Plannin9 Department for formal development review processing. 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 ISSUANCE OF CERTIFICATES OF OCCUPANCY: 18. Prior to issuance of Certificates of Occupancy for any parcel, 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. A: PM21769 14