HomeMy WebLinkAbout91_016 PC ResolutionRESOLUTION NO. 91-016
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA RECOMMENDING APPROVAL OF THE FIRST
EXTENSION OF TIME FOR TENTATIVE PARCEL MAP 23335 A
SIX (6) PARCEL COMMERCIAL SUBDIVISION OF 10.18 ACRES
LOCATED NORTH OF JUNCTION OF WINCHESTER ROAD AND
YNEZ ROAD AND KNOWN AS ASSESSOR'S PARCEL NOS. 910-
110-029, 031, AND 910-180-018.
WHEREAS, Bedford Properties Inc. 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;
WHEREAS, 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.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Findin.qs. That the Temecula Planning Commission 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 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
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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:
(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)
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.
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 Planning Commission, in recommending approval of the
proposed Time Extension, makes the following findings, to wit:
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e)
b)
c)
d)
e)
f)
g)
There is a reasonable probability that Tentative
Parcel Map No. 23335 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 commemial development standards.
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.
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 C-P-S
(Scenic Highway Commercial) land use designation.
The site is suitable to accommodate the proposed
land use in terms of the size and shape of the lot
configuration, cimulation patterns, access, and
density, due to the fact that; adequate area is
provided for all proposed facility structures; adequate
landscaping will be provided along the project's
public and private frontages; and the internal
circulation plan should not create traffic conflicts as
design provisions will be in conformance with
adopted City standards.
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 measures necessary to reduce
or eliminate potential adverse impacts of the project.
Tentative Pamel Map No, 23335 is compatible with
surrounding land uses. The density creates a
compatible physical relationship with adjoining
properties, due to the fact that the proposal is similar
in compatibility with surrounding land uses; and has
adequate area in order to provide for siting of
proposed development.
The proposal will not have an adverse effect on
surrounding property because it does not represent a
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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 (C-P-S; Scenic Highway Commemial) 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.
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 will
propose independent access points from Winchester
Road and Possibly Ynez Road which have been
determined to be adequate by the City Engineer.
J)
The design of the subdivision and the type of
improvements 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. Environmental Compliance.
That the City of Temecula Planning Commission hereby determines that the
previous environmental determination (Adoption of Negative Declaration for Environmental
Assessment No. 32718) still applies to said Parcel Map (Extension of Time).
SECTION 3. Conditions.
That the City of Temecula Planning Commission hereby recommends approval of
The First Extension of Time for Tentative Parcel Map 23335 for a six (6) parcel Commemial
Subdivision of 10.18 acres located north of the junction of Winchester Road and Ynez Road and
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known as Assessor's Parcel Nos. 910-110-029, 031, and 910-180-018 subject to the following
conditions:
A. Exhibit A, attached hereto.
SECTION 4.
PASSED, APPROVED AND ADOPTED this 25th day of February 1991
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Planning Commission of the City of Temecula at a regular meeting thereof, held on the 25th day of
February, 1991 by the following vote of the Commission:
AYES: 4 PLANNING COMMISSIONERS Blair, Ford, Hoagland, and Chiniaeff
NOES: 0 PLANNING COMMISSIONERS None
ABSENT: 1 PLANNING COMMISSIONERS Fahey
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~ aTI'a~HMElfl' II
CITY OF TEMECULA
ADDITIONAL CONDITIONS OF APPROVAL
TentaUve Parcel Map Ho. 23335
Cemmissiofl Approval Date:
Expiration Date:
Unless previously paid, prior to the issuance of a grading permit, the applicant shall
comply with the previsions of Ordinance Ho. 663 by paYing the apprepdate fee set foflh in
that ordinance. Should Ordinance No. 663 be suPerseded by the previsions efa Habitat
Conservation Plan prior te the payment ef 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.
Prior te any construction on the area shown as remainder, the applicant shall file for a
6eflJficate ef 6empliance with the Planning Depa~dnenL
This coflditioflaby approved extension of time for Tentative Parcel Map No. 23335 wiD
exPire one Year after the original exPiration date, unless extended as PrOvided by
Ordinance 460. The exPiration date is October 4,1991.
The following are the Engineering Department Conditions ef Approval for this preject, and shall be
completed at ne cost to any Government Agency. All questions regarding the true meaning of the
conditions shall be refe~Ted to the Engineering Deparb#enL
It is understeed that the Developer correctly shown all evisting easements, traveled ways, and
drainage courses, and their omission may rcquire the project to be resubmitted for fufiher
consideration.
4,
The Developer shall comply with the State of California Subdivision Map Act, and ail
applicable City Ordinances and Resolutions.
The final map shall be prepared by a licensed land surveyor or registered Civil Engifleer,
subject te ail the requirements of the State ef California Subdivision MaP Act and
Ordinanee No. 460.
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PRIOR TO RECORDATION OF THE FINAL MAP:
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 DIsMct;
Riverside CountY Flood Control district;
City of Temecula Firs Bureau;
Planning Department;
Engineering DePartment;
Riverside CountY fiealth Deparlment;
BATH Franchise; and
CalTrsns.
Prior te recordafion of the final maP, the developer shall provide evidence that
ASsessment District 161 will construct the improvements on Winchester Road, in
accordance with County Standard 100, Section A [110'/1343.
In the event that the ASsessment District 161 will not construct the improvements, the
develoPer shall be required to construct or bond for the required improvements.
snmcient right-er-way along Winchester Road shall be COlffilmed to exist er conveyed for
public use to PrOvide for a public street for public uso to provide for a 67 foot half width
right-of-way.
9. Comer property line cut off shall be required per Biverside CountY Standard No. 805.
10.
A declaration of Covenants, Conditions and BestrictJons ICC&Il'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 pallJes having any record title interest in
the prsperty to be developed, shall make the CitY a palty thereto, and shall be enforceable
by the CitY. The CC&R's shall be reviewed and appraved by the CitY and recorded. The
CC&B's shall be subject to the following conditions:
a. 11ts CC&R's shall be prepared at the developer's sole cost and expense.
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 previsions as are
required bY this approval and as said officials deem necessary to protect the
interest of the CitY and Its residents.
The CC&B'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
Atloruey. They shall be recorded conculTent with the final map. A recorded copy'
shall be provided to the CitY.
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d. The RC&B's shall provide for the effecflve establishmenL operation, management,
use, repair and maintenance of all common areas and facilifles~
The CC&R's shall provide that the properly shall be developed, operated and
maintained so as not to create a public nuisance.
The CC&R's shall provide that fi the properly is not maintained in the condthon
required by the CC&ii's, then the City, after malting due demand and giving
reasonable notice, may enter the property and perform, at the owner's sole
expense, any maintenance required thereon by the RR&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 premptJy reimbursed.
L
Reciprocal access easements and maintenance agreements ensuring
access ta all parcels and joint maintenance of all roads, drives or parldng
areas shall be PrOvided by CC&R's or by deeds and shall be recorded
concurrent with the map er Prior ta the issuance of building permit where
no map is involved.
11. CountY Boad Condition Number 14 shall be deleted.
12.
Prior to recordafion of the final maP, the develoPer shall dePOSit with the Engineering
Depallment a cash sum as established, Per lot, as miflgafiofl towards traffic signal
imPact~ Should the developer choose to defer the time of payment of t]-affic signal
mifigafion fee, be may enter into a written agreement with the CitY deferring said payment
to the time of issuance of a building permiL
13.
The developer shall record an Envirenmental Const]aint Sheet delineaflng the area within
the lOO-year floodPlain.
PBIOR TO ISSUANCE OF GRADING PERMITS:
A flood miflgafion charge shall be paid. Tile charge shall equal the prevailing Area
Drainage Plan fee rate multiplied by the area of new developmeflL The charge is payable
to the Rood Control District prior to issuance of permits. If the full A~ea Drainage Plan fee
or miflgafion charge bas already credited to this proPerly, no new charge needs to be paid.
PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY:
15.
Construct tho street improvements including but net limited to, curb and gutter, A.C.
pavement, sidewalk, drive approaches, Parkway trees and street lights on all interior
public sUeet~
16.
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 miflgaflon as
required under the EIR/Negaflve Declaration for the project, in the amount in effect at the
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time ef 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 te the preject in the amount of such fees] and specifically
waives its right to protest such increase.
'h"Jne.na_ Hn~fi _nn ItnninP_.p. tin_n
PRIOR TO BECORDATION OFTHE ANAL MAP:
A signing and stflPing Plan shall be designed by a registered Civil Engineer and approved
by CalTrans and the City Engineer for Winchester Road and Ynez Road, and shall be
Included in the street improvement plant
18.
Prior to designing any of the abeve plans, contact CalTrans and City Transpoflatien
Engineering for the design reequirements.
PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS:
19.
A constrdCfion area tramc control plan shall be designed bY a registered Civil Engineer
and appreved by the City Engineer for any street closure and detour or other disrepfion te
tramc circulation as required by the City Engineer.
PRIOR TO THE iSSUANCE OF OCCUPANCY PERMITS:
20. All signing and striping shall be installed per the approved signing and striping plan.
21.
All Conditions ef APProval stated in the County Road Department letter dated June 23,1988
shall still apply to this project.
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