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HomeMy WebLinkAbout91_019 PC ResolutionRESOLUTION NO. 91-019 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVINGTHE SECOND EXTENSION OF TIME FOR PARCEL MAP NO. 22629 TO SUBDIVIDE A 4.83 ACRE PARCEL INTO 4 PARCELS ON THE WEST SIDE OF GREEN TREE LANE, 300 FEET NORTH OF PAUBA ROAD. WHEREAS, Centennial Engineering filed Extension of Time for Parcel Map No. 22629 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, the Planning Commission considered said Extension of Time on March 18, 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 approval of said Extension of Time; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: ~ECTION 1. F_~. 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 land use or action proposed will be consistent with the general plan proposal being considered or STAFFRP~PM22629A 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 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 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 Second Extension of Time for Parcel Map No. 22629 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. STAFFRP~PM22629A 2 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: 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 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. STAFFRPT~PM22629A (2) The Planning Commission in approving the proposed Second Extension of Time for Tentative Parcel Map No. 22629 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 the existing SWAP designations and current zoning on the site. 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 development within the area. 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-R (Rural Residential) zoning for the site. 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. 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 measures necessary to reduce or eliminate potential adverse impacts of the project. f) Parcel Map No. 22629 is compatible with surrounding land uses. The harmony in scale, STAFFRPT~PM22629A 4 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. 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-R, (Rural Residential), and also consistent with the adopted Southwest Area Community Plan (SWAP) designation of 1 acre minimum. h) The project as designed and conditioned will not adversely affect the built or natural environment. i) 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. J) 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. proposed is community. As conditioned pursuant to SECTION 3, the Pamel Map compatible with the health, safety and welfare of the ~ 2. Cc)nditions. That the City of Temecula Planning Commission hereby approves the Second Extension of Time for Parcel Map No. 22629 for the subdivision of a 4.8 acre STAFFRP-r~PM22629A 5 parcel into 4 parcels located on the west side of Green Tree Lane, 300 feet north of Pauba Road subject to the following conditions: A. Exhibit A, attached hereto. SECTION 3. PASSED, APPROVED AND ADOPTED this 18th day of March 1991. CHAIRMAN 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 18th day of March, 1991 by the following vote of the Commission: AYES: 4 PLANNING COMMISSIONERS Fahey, Ford, Hoagland, Chiniaeff NOES: 0 PLANNING COMMISSIONERS None ABSENT: 1 PLANNING COMMISSIONERS Blair STAFFRPT~PM22629A CITY OF TEMECULA CONDITIONS OF APPROVAL Pamel Map No: 22629 Project Description: Four (4) lot Residential Subdivision of 4.8 acres. Assessor's Pamel No.: 946-070-010 The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, Schedule G, 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 four years after the original approval date, unless extended as provided by Ordinance 460. The expiration date is October 13, 1991. 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. Prior to recordation of the final map, the developer or his assignee must conform to the park district Quimby Ordinance, unless waived to time of issuance of a building permit. All utilities, except electrical lines rated 33ky or greater, shall be installed underground. The project must comply with all the Conditions of Approval adopted by the Planning Director and the Board of Supervisors for the original Parcel Map No. 22629. STAFFRP~PM22629A Engineering 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. The Developer shall comply with the State of California Subdivision Map Act, and all applicable City Ordinances and Resolutions. 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: 9. 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. 10. 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, aggregate base and graded road section, A.C. paving and asphalt concrete berm. 11. Condition No. 8 of County Road Letter, dated September 4, 1987, shall be superseded by the following: Fuhrman Court (Via Telesio) shall be improved with 24 feet of asphalt concrete paving on aggregate base to a structural section as determined by a registered soils engineer within a 60 foot dedicated right-of-way. The street improvements shall not be accepted into the City maintained street system until fully upgraded to conform to County Standard No. 105, Section STAFFRP'~PM22629A 8 "A" (60'/36'). Asphalt concrete berm shall be constructed along both sides of the street. Fuhrman Court (Via Telesio) shall terminate with an asphalt concrete offset cul-de-sac, with a turning radius of 34 feet, lined with asphalt concrete berm in accordance with Riverside County Standard No. 800(a). The developer shall waive all rights to protest the formation of an assessment district to construct improvements to Green Tree Road. Interim transition paving from Green Tree Road to Fuhrman Court (Via Telesio) shall be as directed by the City Engineer. 12. Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the City Engineer. 13. 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. PRIOR TO ISSUANCE OF GRADING PERMITS: 14. 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: 15. Construct street improvements including but not limited to, aggregate base and graded road section. 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 mitigation as required under the EIP,/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~PM22629A 9 Transportation Engineering PRIOR TO RECORDATION OF THE FINAL MAP: 17. A signing plan shall be designed by a registered Civil Engineer and approved by the City Engineer for Via Telesio and shall be included on the street improvement plans. 18. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS: 19. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the City Engineer. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 20. All signing shall be installed per the approved signing plan. 21. All Conditions of Approval stated in the County Road Department letter dated September 4, 1987 shall still apply to this project. STAFFRP~PM22629A