HomeMy WebLinkAbout92-44 CC ResolutionRESOLUTION NO. 92-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING TENTATIVE PARCEL MAP
NO. 27336 FOR REVERSION TO ACREAGE OF ELEVEN
(11) PARCELS ON APPROXIMATELY 11.5 ACRES
LOCATED NORTHERLY OF WINCHESTER ROAD
BETWEEN CALLE EMPLEADO AND DIAZ ROAD AND
KNOWN AS ASSESSOR'S PARCEL NO. 909-310-24
THROUGH 28 AND 41 THROUGH 46.
WHEREAS, Rancho California Water District fried Tentative Parcel Map No. 27336 in
accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances,
which the City has adopted by reference;
WIIEREAS, 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 April 20, 1992,
at which time interested persons had an opportunity to testify either in support or opposition;
WI~RF_,AS, 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 May 26, 1992, 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 T]~MECULA DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section I. Findirtgs. 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 92-44 - 1-
The city is proceeding in a timely fashion with the preparation of the general
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 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 ordinances.
B. The Riverside County General Plan, as amended by the Southwest Area Community
Plan, (hereinafter *SWAW) 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:
The city is proceeding in a timely fashion with a preparation of the general
2. The City Council finds, in approving 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 Parcel Map No. 27336 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.
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D. Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be
approved unless the following findings are made:
1. That the proposed land division is consistent with applicable general and
specific plans.
2. That the design or improvement of the proposed land division is consistent
with applicable general and specific plans.
3. That the site of the proposed land division is physically suitable for the type
of development.
4. That the site of the proposed land division is physically suitable for the
proposed density of the development.
5. 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.
6. That the design of the proposed land division or the type of improvements
are not likely to cause serious public health problems.
7. 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.
8. The City Council in approving the proposed Tentative Parcel Map, makes
the following findings, to wit:
a. As conditioned pursuant to SECTION III, the Parcel Map proposed
is compatible with the health, safety and welfare of the community.
b. There is a reasonable probability that Tentative Parcel Map No.
27336 will be consistent with the City's future General Plan, which will be
completed in a reasonable time and in accordance with State law. The project, as
conditioned, conforms with existing applicable city zoning ordinances and
development standards. Further, the proposal is characteristic of similar
development approved by the City to date and anticipated in it's vicinity based on
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current development trends.
c. There is not a likely probability of substantial detriment to, or
interference with the City's future General Plan, if the proposed use is ultimately
inconsistent with the Plan. The project is compatible with existing development
standards which will likely be included in the City's future General Plan.
d. The proposed use or action as conditioned complies with State
planning and zoning laws. Reference local Ordinances No. 348, 460; and
California Governmental Code Sections 65000-66009 (Planning and Zoning Law).
e. The project as designed and conditioned will not adversely affect the
public health or welfare.
f. The proposal will not have an adverse effect on surrounding
properties which are vacant now. It does not represent a significant change to the
present or planned land use of the area and the SWAP designation of Light
Industrial. As conditioned, the project conforms with applicable land use and
development regulations.
g. The project has acceptable access to dedicated rights-of-way which
are open to, and useable by, vehicular traffic. The project draws access from
Winchester Road and Avenida de Ventas, improved dedicated City rights-of-way.
Project access, as designed and conditioned, conforms with applicable City
Engineering standards and ordinances.
h. The project as designed and conditioned will not adversely affect the
built or natural environment as determined in the Environmental Analysis for this
project.
i. Said f'mdings are supported by minutes, maps, exhibits and
environmental documents associated with these applications 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.
Section 1I. 1%vironmental Corapliance. Pursuant to applicable portions of the California
Environmental Quality Act (CEQA), an Initial Study was prepared for Plot Plan No. 239 which
determined the project in question will not have a significant impact on the built or natural
environment; a Negative Declaration was adopted for the project. This Negative Declaration is
reaffirmed for Tentative Parcel Map No. 27336.
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Section Ill. Conditions. That the City of Temecula City Council hereby approves Tentative
Parcel Map No. 27336 for the Reversion to Acreage of eleven (11) parcels located northerly of
Winchester Road between Calle Empleado and Diaz Road and known as Assessor's Parcel No.
909-310-024 through 28 and 41 through 46 subject to the following conditions:
1. Attachment No. 2, attached hereto.
Section IV. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 26th day of May, 1992.
Patricia H. Birdsall, Mayor
ATTEST:
[SEAL]
Resos 92-44 -5-
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) $S
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 May, 1992 by the
following vote of the Council:
4 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Parks
NOES:
0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Mufioz
Greek, City CI~rk
Resos 92-44 -6-
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Tentative Parcel Map No. 27336
Project Description: Reversion to Acreage of eleven (11) parcels
Assessor's Parcel No.: 909-310~024 through 28 and 41 through 46
PLANNING DEPARTMENT
The tentative subdivision shall comply with the State of California Subdivision Map Act
and to all the requirements of Ordinance 460, Article XVI, 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
Any delinquent property taxes shah be paid prior to recordation of the f'mal map.
The applicant shall comply with the environmental health recommendations outlined in
the County Health Department's transmittal dated March 25, 1992, a copy of which is
attached.
The applicant shall comply with the recommendations outlined in the Rancho Water
District transmittal dated March 12, 1992, a copy of which is attached.
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 (ECS) shall
be prepared in conjunction with the final map to delineate identified environmental
concerns and shall be permanently fred 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.
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All utility systcms including gas, clectric, tclephonc, watcr, scwcr, and cablc TV shall
be provided for underground, with oasemc, nts provided as required,
and designed and constructed in accordanec with City Codcs and thc utility providcr.
Tclophonc, cablc TV, and/or security systcms shall be pro wired in the rcsidenec. "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 provider." (Amended
at Planning Commission Meeting on April 20, 1992)
9. All utilities, except electrical lines rated 33kv or greater, shall be installed underground.
DEPARTMENT OF PUBLIC WORKS
The following are the Department of Public Works Conditions of Approval for this Parcel Map,
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 appropriate staff person of the Department of
Public Works.
It is understood that the Subdivider has correctly shown on the tentative map all existing and
proposed easements, traveled ways, improvements constraints and drainage courses, and their
omission may require the project to be resubmitted for further review and revision.
PRIOR TO RECORDATION OF THE FINAL MAP:
10.
Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of
an existing Assessment District must comply with the requirements of said section.
11.
As deemed necessary by the Department of Public Works, the developer shall receive
written clearance from the following aeencies:
Rancho California Water District;
Eastern Municipal Water District;
Riverside County Flood Control district;
City of Temecula Fire Bureau;
Planning Department;
Department of Public Works;
Riverside County Health Department;
CATV Franchise;
Parks and Recreation Department;
General Telephone;
Southern California Edison Company; and
Southern California Gas Company.
12.
Easements for sidewalks for public uses shall be dedicated to the City where sidewalks
meander through private property.
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13.
The boundary and easements as shown on this map shall be consistent and shall be
coordinated with adjoining developments, and be consistent with the conditions of
approval for Plot Plan 239.
14.
On site drainage facilities, located outside of road right of way, shall bc contained within
drainage easomcnts shown on the fmal map. A note shall be added to the final map
stating "Drainage casements shall bc kept free of buildings and obstructions." "As
deemed necessary by the Department of Public Works, onsite underground drainage
facilities, located outside of road right-of-way, shah be contained within drainage
easements shown on the final map. A note shah be added to the f'mal map stating
'Drainage easements shah be kept free of buildings and obstructions.'" (Amended
at Planning Commission meeting on April 20, 1992)
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.
16.
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.
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