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HomeMy WebLinkAbout91_031 PC ResolutionRESOLUTION NO. 91-031 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING THE FIRST EXTENSION OF TIME FOR VESTING TENTATIVE TRACT MAP NO. 23102 TO SUBDIVIDE A 16.4 ACRE PARCEL INTO 37 SINGLE FAMILY RESIDENTIAL LOTS, LOCATED WEST OF BUTTERFIELD STAGE ROAD AND NORTH OF LA SERENA WAY AND KNOWN AS ASSESSOR'S PARCEL NO. 923-200-019. WHEREAS, Marlborough Development Corporation filed 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 Extension of Time application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Extension of Time on April 15, 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 approved said Extension of Time; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION _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. A:VTM23102 7 (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 Generel 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 Extension of Time is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: (1) The city is preceeding 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, pureuant to this title, each of the following: (a) There is reasonable probability that First Extension of Time for Vesting Tentative Tract Map No. 23102 preposed will be consistent with A:VTM23102 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 7.1 of County Ordinance No. 460, no subdivision or extension of time 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. A:VTM23102 9 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 Planning Commission in approving the proposed Extension of Time, 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 Specific Plan No. 199 (Low Density Family Housing) land use designation. A:VTM23102 10 d) e) f) g) 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 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. 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. Vesting Tentative Tract Map No. 23102 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. 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 (Specific Plan No. 199), and also consistent with the adopted Southwest Area Community Plan (SWAP) designation of Specific Plan. A:VTM23102 11 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 currently proposes an independent access point from La Serena Way which has 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. 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 3, the Tentative Tract Map is compatible with the health, safety and welfare of the community. SECTION 2. Environmental CompliancP.. That the City of Temecula Planning commission hereby determines that the previous Environmental Determination (Adoption of Negative Declaration for Environmental Assessment No. 32534) still applies to said tract map. An Initial Study prepared for this project indicates that although the proposed project could have a A:VTM23102 12 significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in EIR Nos. 107 and 202 and in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby granted. That the City of Temecula Planning Commission hereby approves the First Extension of Time for Vesting Tentative Tract Map No. 23102 for the subdivision of a 16.4 acre parcel into 37 single family residential lots located west of Butterfield Stage Road and north of La Serena Way and known as Assessor's Parcel No. 923-200-019 subject to the following conditions: A. Exhibit A, attached hereto. PASSED, APPROVED AND ADOPTED this 15th day of April 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 15th day of April 1991 by the following vote of the Commission: AYES: 4 PLANNING COMMISSIONERS Blair, Fahey, Ford, and Chiniaeff NOES: 0 PLANNING COMMISSIONERS None ABSENT: 1 PLANNING COMMISSIONERS Hoagland A:V'FM23102 13 ATTACHMENTII CITY OF TEMECULA ADDITIONAL CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 23102 Commission Approval Date: Expiration Date: 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 satisfied regarding payment of parks and recreation fees in accordance with Section 10.35 of Ordinance No. 460. Verification shall be submitted prior to issuance of any certificate of occupancy. No building 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. 23102 will expire one (1) year after the original expiration date, unless extended as provided by Ordinance 460. The expiration date is November 8, 1991. The subdivider shall comply with the original Conditions of Approval for Tentative Tract Map No. 23102 (see attached) except as amended herein. 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. A:VTM23102 12 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: As deemed necessary by the City Engineer or his representative, the developer shall receive written clearance from the following agencies: Metropolitan Water District; 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. 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. Easements, when required for roadway slopes, landscape easements, 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. 11. A declaration of Covenants, Conditions and Restrictions (CC&R'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 parties having any record title interest in the property to be developed, shall make the City a party thereto, and shall be enforceable by the City. The CC&R's shall be reviewed and approved by the City and recorded. The CC&R's shall be subject to the following conditions: a. The 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 provisions as are required by this approval and as said officials deem necessary to protect the interest of the City and its residents. A:VTM23102 The CC&R'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 Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. The CC&R's shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas and facilities. The CC&R's shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. The CC&R's shall provide that if the property is not maintained in the condition required by the CC&R's, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&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 promptly reimbursed. The declaration shall contain language prohibiting further subdivision of any lots, whether they are lettered lots or numbered lots. ii. All parkways, open areas, and landscaping shall be permanently maintained by homeowner's association or other means acceptable to the City. Such proof of this maintenance shall be submitted to the Planning and Engineering Divisions prior to issuance of building permits. 12. The developer, or the developer's successor, shall execute a current Public Facilities Agreement with the City of Temecula which provides for the payment of the sum of money per residential unit then established by Resolution of the City Council, prior to the issuance of any building permits for any individual lots. 13. 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, traffic signal systems, and other traffic control devices as appropriate. b. Storm drain facilities. c. Landscaping (street and parks). d. Sewer and domestic water systems. e. Undergrounding of existing and proposed utility distribution lines. A:VTM23102 14. The street design and improvement concept of this project shall be coordinated with adjoining developments. 15. 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. 16. Prior to recordation of the final map, the developer shall deposit with the Engineering Department a cash sum as established, per lot, as mitigatipn 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. 17. A minimum centerline street grade shall be 0.50 percent. 18. All driveways shall be located a minimum of two (2) feet from the property line. 19. 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. 20. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 21. 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. 22. A drainage study shall be submitted to and approved by the City Engineer. All drainage facilities shall be installed as required by the City Engineer. 23. On-site drainage facilities, located outside of road right-of-way, shall be contained within drainage easements shown on the final map. A note shall be added to the final map stating "Drainage easements shall be kept free of buildings and obstructions." 24. A copy of the improvement plans, grading plans and final map, along with supporting hydrologic and hydraulic calculations should be submitted to the Riverside County Flood Control District for review. 25. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 26. 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. A:VTM23102 15 PRIOR TO ISSUANCE OF GRADING PERMITS: 27. Prior to any work being performed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the City Engineer's Office. 28. A grading permit shall be obtained from the Engineering Department prior to commencement of any grading outside of the City-maintained road right-of-way. 29. 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: 30. 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. 31. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 32. 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. 33. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. 34. Asphaltic emulsion (fog seal) shall be applied not less than 14 days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. 35. 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 A:VTM23102 (assuming benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. Transportation Engineering PRIOR TO RECORDATION OF THE FINAL MAP: 36. A signing plan shall be designed by a registered Civil Engineer and approved by the City Engineer for Streets "A" through "D" and shall be shown on the street improvement plans. 37. Condition No. 5 in the County of Riverside Road letter dated July 22, 1988 shall be deleted. 38. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. 39. Condition No. 27 in the County of Riverside Road letter dated July 22, 1988 shall be modified to read: A signing and striping plan shall be designed by a registered Civil Engineer and approved by the City Engineer for La Serena Way and shall be included with the street improvement plans. PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS: 40. 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: 41. All signing and striping shall be installed per the approved signing and striping plans. Building & Raft. ry. Depadment 42. 43. 44. Submit approved tract map to the Department of Bui'lding and Safety for addressing prior to submittal for Structural Plan Review. Obtain Land Use and Building Department clearance. School Fees shall be paid to Temecula Unified School District prior to issuance of permits. A:VTM23102 17