HomeMy WebLinkAbout91_032 PC ResolutionRESOLUTION NO. 91-032
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA RECOMMENDING APPROVAL OF THE FIRST
EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 23103
TO SUBDIVIDE A 29.2 ACRE PARCEL INTO 18 SINGLE FAMILY
RESIDENTIAL LOTS, LOCATED WEST OF BU'I-rERFIELD
STAGE ROAD BETWEEN LA SERENA WAY AND RANCHO
CALIFORNIA RAOD KNOWN AS ASSESSOR'S PARCEL NO. 923-
210-010.
WHEREAS, Marlborough Development Corporation filed a 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 Tentative Tract Map on
April I5, 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. Findinqs. 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 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
R:'d~aulXPC Resolution 91-032.doc
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 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 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 First Extension of
Time for Vesting Tentative Tract Map No. 23103
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 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.
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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 Planning Commission in recommending approval of 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.
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c)
d)
e)
g)
h)
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.
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;
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. 23103 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 (Sp(~cific Plan No. 199), and also consistent with
the adopted Southwest Area Community Plan
(SWAP) designation of Specific Plan.
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.
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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.
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 3, the Tentative Tract Map is
compatible with the health, safety and welfare of the community.
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. 32535) still applies to said tract map. An Initial Study prepared for this project
indicates that although the proposed project could have a 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.
SECTION 3. Conditions.
That the City of Temecula Planning Commission hereby recommends approval for
the First Extension of Time for Vesting Tentative Tract Map No. 23103 for the subdivision of a 29.2
acre parcel into 18 single family residential lots located west of Butter[ield Stage Road between La
Serena Way and Rancho California Road and known as Assessor's Parcel No. 923-210-010
subject to the following conditions:
A. Exhibit A, attached hereto.
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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:
NOES:
ABSENT:
4 PLANNING COMMISSIONERS Blair, Fahey, Ford, and Chiniaeff
0 PLANNING COMMISSIONERS None
1 PLANNING COMMISSIONERS Hoagland
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ATTACHMENT 2
CITY OF TEMECULA
ADDITIONAL CONDITIONS OF APPROVAL
Vesting Tentative Tract Map No. 23103
Commission Approval Date:
Expiration Date:
Planninq Department
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. Lt60 has been satisfied regarding payment of parks and
recreation fees in accordance with Section 10.35 of Ordinance No. u,60.
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. 23103 will expire one {1) year after the original expiration date,
unless extended as provided by Ordinance ~60. 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.
Enclineering 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.
STAFFRPT\VTM23103 13
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 alt 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. ~60.
Submit letter from adjacent property owner that the proposed drainage on
their property is acceptable to them.
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 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.
10.
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.
11.
Vehicular access shall be restricted on Butterfleld Road and so noted on the
final map.
12.
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.
13.
A declaration of Covenants, Conditions and Restrictions {CCF, R~s) shall be
prepared by the developer and submitted to the Director of Planning, City
Engineer and City Attorney. The CCF, 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 CCF, R's shall be reviewed and approved by the City and recorded. The
CCSRIs shall be subject to the following conditions:
STAFFRPT\VTM23103 1u,
a. The CC~,R's shall be prepared at the developer's sole cost and expense.
bo
The CCSR~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.
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 CCSR~s shall provide for the effective establishment, operation.
management, use, repair and maintenance of all common areas and
facilities.
The CCSR~s shall provide that the property shall be developed,
operated and maintained so as not to create a public nuisance.
The CCSR~s shall provide that if the property is not maintained in the
condition required by the CCF, R's, then the City, after making due
demand and giving reasonable notice, may enter the property an~l
perform, at the owner's sole expense, any maintenance required
thereon by the CCSR~s or the City ordinances. The property shall be
subject to a llen 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 homeownerts 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.
The developer, or the developer's successor, shall execute a current Public
Facilitles 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.
15.
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.
ae
Street improvements, including, but not limited to: pavement, curb
and gutter, medians, sidewalks, drive approaches, street lights,
STAFFRPT\VTM23103 15
16.
17.
18.
signing, striping, traffic signal systems, and other traffic control
devices as appropriate.
b. Storm drain facilities.
c. Landscaping Istreet and parks).
d. Sewer and domestic water systems.
e. Undergrounding of existing and proposed utility distribution lines.
The street design and improvement concept of this project shall be coordinated
with adjoining developments.
Street lights shall be provided along streets adjoining the subject site in
accordance with the standards of Ordinance No. q61 and as approved by the
City Engineer.
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.
19. A minimum centerline street grade shall be 0.50 percent.
20.
21.
22.
23.
All driveways shall be located a minimum of two 12) feet from the property
line.
The subdivider shall submit four prints of a comprehensive grading plan to
the Englneerlng Department. Theplan 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 2~~ x 36~ mylar by a Registered Civil
Engineer.
A geological report shall be prepared by a qualified engineer or geologist and
submitted at the time of application for grading plan check.
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.
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.
STAFFRPT\V~M23103 16
25.
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."
26.
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.
27.
Adequate provisions shall be made for acceptance and disposal of surface
drainage entering the property from adjacent areas.
28.
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:
29.
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.
30.
A grading permit shall be obtained from the Engineering Department prior te
commencement of any grading outside of the City-maintained road right-of-
way.
31.
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:
32.
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.
33.
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:
34.
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.
STAFFRPT\VTM23103 17
35.
Existing city roads requiring construction shall remain open to traffic at all
times with adequate detours during construction.
36.
Asphaltic emulsion (fog seal) shall be applied not less than lU, 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
gu, of the State Standard Specifications.
37.
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 'n effect at the time of payment of the fee. If an i?,terjm
or final public facility mitigation fee or district has not been fma~ly
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.
Transportation Enqlneering
PRIOR TO RECORDATION OF THE FINAL MAP:
38.
A signing plan shall be designed by a registered Civil Engineer and approved
by the City Engineer for Chenin Cllnet and Placer Loudeaonne and shall be
included in the street improvement plans.
39.
Condition No. 7 in the County of Riverside Road letter dated July 22, 1988
shall be deleted.
u,0. Prior to designing any of the above plans, contact Transportation Engineering
for the design requirements.
Condition No. 28 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 Butterfield
Stage Road and shall be included with the street improvement plans.
PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS:
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:
All signing and striping shall be installed per the approved signing and
striping plans.
STAFFRPT\VTM23103 18
Building F, Safety Department
Submit approved tract map to the Department of Building and Safety for
addressing prior to submittal for Structural Plan Review.
45. Obtain land Use and Building Department clearances.
u,6. School fees shall be paid to Temecula Unified School District.
STAFFRPT\VTM23103 19