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HomeMy WebLinkAbout01_013 PC Resolution PC RESOLUTION NO. 2001-013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING THE APPEAL OF PLANNING APPLICATION NO. PA00-0272 (EXTENSION OF TIME-APPEAL), UPHOLDING THE DIRECTOR OF PLANNING'S DECISION TO APPROVE PLANNING APPLICATION NO. PA00-0272 THE FIFTH AND FINAL EXTENSION OF TIME FOR VESTED TENTATIVE TRACT MAP NO. 23143 FOR THE REMAINING 696 SINGLE FAMILY LOTS AT THE SOUTHEAST CORNER OF PAUBA ROAD AND BUTTERFIELD STAGE ROAD, KNOWN AS ASSESSOR'S PARCELS NO. 952-020-009, -012, -013, -015, -016, & -020 AND 952-030-012, -013, &-014. WHEREAS, Crowne Meadows L.P., initiated Planning Application No. PA00-0272 (Extension of Time), in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA00-0272 (Extension of Time) was processed including, but not limited to public notice, in the timely manner prescribed by State and local law; WHEREAS, notice of the proposed Extension of Time was posted at City Hall, Temecula Library, Pujol Street Community Center, and the Temecula Valley Chamber of Commerce; WHEREAS, the Director of Planning considered Planning Application No. PA00-0272 (Extension of Time) on February 15, 2001, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Director's hearing and after due consideration of the testimony, the Director approved PA00-0272 (Extension of Time); WHEREAS,an Appeal was filed on March 2,2001 requesting that Planning Application No. PA00-0272 (Extension of Time - Appeal) be brought before the Planning Commission for their consideration; WHEREAS,the Planning Commission received a copy of the Director's Hearing proceedings and Staff Reports regarding Planning Application No. PA00-0272 (Extension of Time); and, WHEREAS, the Planning Commission conducted a public hearing pertaining to Planning Application No. PA00-0272 (Extension of Time -Appeal)on May 2, 2001, at which time interested persons had an opportunity to,and did testify either in support or opposition to Planning Application No. PA00-0272; WHEREAS,at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission voted to deny the appeal of Planning Application No. 00-0272 (Extension of Time—Appeal) upholding the Director of Planning's approval as conditioned; NOW,THEREFORE,THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: RAE O T\2000\00-0272 tt23143 5th\Appeal Report.doc 6 Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Environmental Compliance.A Notice of Exemption for Planning Application No. 00-0272 was made per the California Environmental Quality Act Guidelines Section 15162. This section applies when an Environmental Impact Report (EIR) has been certified and there are no substantial changes to the project; no new significant environmental effects requiring revision of the EIR; and the EIR is deemed adequate for the project being considered. Section 3. Findings. The Planning Commission, in approving Planning Application No.00- 0272 hereby concludes that the original findings for Vested Tentative Tract Map 23143 still apply. Section 4. Conditions. That the City of Temecula Planning Commission, in denying the Appeal, hereby approves Planning Application No. 00-0272 for an Extension of Time for Vested Tentative Tract Map No. 23143 for the remaining 696 single family lots at the southeast corner of Pauba Road and Butterfield Stage Road, known as Assessor's Parcels No. 952-020-009, -012, - 013, -015, -016, & -020 and 952-030-012, -013, & -014 as conditioned at the Director's Hearing. The Conditions of Approval are contained in Exhibit A. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 2nd day of May 2001. Ron Guerri ro, Chairperson ATTEST: Debbie Ubnoske, Secretary {SEAL} STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss City of Temecula ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certifythat PC Resolution No. 01-013 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 2nd day of May, 2001, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Chiniaeff, Mathewson,Telesio,Webster, and Chairman Guerriero NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None, Debbie Ubnoske, Secretary RAE O T2000\00-0272 tt23143 5thWppeal Report.doc 7 EXHIBIT A PLANNING APPLICATION NO. PA01-0272 FIFTH EXTENSION OF TIME FEBRUARY 15, 2001 CONDITIONS OF APPROVAL RAE O T2000\00-0272 tt23143 5th\Nppeal Report.doc 8 CITY OF TEMECULA CONDITIONS OF APPROVAL 1 Planning Application No. PA00-0272 (Fifth Extension of Time) Project Description: Extension of Time Request for Vesting Tentative Tract Map No.23143 located East of Butterfield Stage Road and south of Pauba Road. Assessor's Parcel No.: 952-020-009, -012, -013, -015, -016, & -020 952-030-012, -013, & -014 Approval Date: February 15, 2001 Effective Date: August 16, 2000 Expiration Date: August 16, 2001 PLANNING DEPARTMENT: General Requirements 1. Vested Tentative Tract Map 23143 has been extended for one year and will expire on August 16, 2001. This is the fifth and final Extension of Time for this map. This map will expire at this time unless it has been recorded in compliance with the Temecula Subdivision Ordinance, Chapter 16.24 of the City of Temecula's Development Code. 2. The applicant shall complywith all underlying conditions of approval for Vesting Tentative Tract Map No.23143 previously applied including but not limited to the original conditions of approval dated August 16, 1988, the Second Extension of Time approved July 16, 1992, the Third } Extension of Time (Planning Application No. PA98-0250) approved September 17, 1998, the Fourth Extension of Time(Planning Application No. PA99-0208)approved September 13, 1999, and/or others unless superseded by these conditions of approval. 3. The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof,and/or any of its officers, employees and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency,appeal board or legislative body including actions approved by the voters of the City, concerning Planning Application No. PA00-0272 (50 Extension of Time). City shall promptly notify the developer/applicant of any claim, action, or proceeding for which indemnification is sought and shall further cooperate fully in the defense of the action. 4. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Chapter 16 of the Development Code unless modified by the conditions listed below. 5. Any delinquent properly taxes shall be paid prior to recordation of the final map. 6. The final map shall conform substantially to Vesting Tentative Tract Map 23143 dated March 13, 1990, and a copy filed with Planning Application No. PA99-0208 dated May 26, 1999. PUBLIC WORKS: The Department of Public Works has reviewed the Conditions of Approval for Vested Tentative Tract Map No. 23143 and finds that the Conditions of Approval for the Second Extension of Time, RAE 0 TN*M72 t@3143 51hZ0A.doc Conditions of Approval PA00-0272 (5.h Extension of Time) VTT 23143 February 15,2001 approved by the City of Temecula Planning Department on July 16, 1992 should be modified as l shown(in their original numbering sequence)with additions in bold and deletions struck as follows: PUBLIC WORKS DEPARTMENT— LAND DEVELOPMENT DIVISION The following Department of Public Works Conditions of Approval are to amend,supersede or to be added to the previously approved development conditions 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 appropriate staff person of the Department of Public Works. It is understood that the Subdivider has correctly shown on the amended 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. 59. The Developer shall comply with the State of California Subdivision Map act, and all applicable City Ordinances and Resolutions. 60. 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 Tn RGCOonATION OF THE FIN'A' MAP- 61. 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. (Added at Directors Hearing on July 16, 1992). 62. Pedestrian access walks with adequate easements shall be provided from the ends of cul-de-sacs or knuckles at the following locations: San Juan Court to Butterfield Stage Road;Swoboda Court to Park Site"D";and Cherokee Way,John Way and Rudy Court, all to Crowne Hill Drive. (Added at Directors Hearing on July 16, 1992). PRIOR TO RECORDATION OF THE FINAL MAP: 63. 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 • Temecula Community Services Department 64. 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. 65. Northshire Circle, Yew Wood Place, Linda Court, Stage Court, Wakeene Circle, Wyandotte Street, Rudy Court, Janda Court, Paola Court, Faber Court, Topeka Court, Gatehead Court, Majestic Court, Regents Hill, Vandamere Court, Esser Court, Monroy R:1E 0 TTO-0272 M3143 Sth=Adoc Conditions of Approval PA00-0272 (e Extension of Time) VTT 23143 February 15,2001 Circle, Hill Street, Pampa Court, Fiji Way,Suva Lane,Stanko Circle, Meade Circle,Oslo Circle, Jolene Circle, Devant Circle, Drennon Court, Sparks Court, Dupont Circle, Swoboda Court,Aden Circle,Tiempo Circle, John Way,Trestle Circle, Drennon Circle, Hussar Court, Trini Court, San Juan Court, Jolla Court, San Jose Court, Pliance Way, "Y"Street, G Circle; Cinnamon Lane,Atchison Drive, Bigh Court, Paraguay Drive, Brsil Lane, Whistle Court, Cherokee Way, Wristle Court, Peppermint Lane, Rainmaker Avenue, Tonga Way, Sam Way, Soko Court, Soko Circle, Corddua Circle, F Circle, Munich Circle, Peru Lane, and Berlin Way shall be improved with 40 Feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City of Temecula Standard No. 104,Section A(40760'). 66. Swartz Way, Lima Street,Crowne Hill Drive,Castle Way,Trestle Street,and Royal Crest Place shall be improved with 44 feet of asphalt concrete pavement, or bonds for the street improvements may be posted,within the dedicated right-of-way in accordance with City of Temecula Standard No. 103, Section A (44'/66'). 67. Pauba Road shall be improved with 32 feet of half street improvement plus one 12'lane, or bonds for the street improvements may be posted,within a 44'dedicated right-of-way in accordance with County Standard No. 102 (64'/88'). 68. Butterfield Stage Road shall be improved with 43 feet of half street improvement plus one 12' lane, or bonds for the street improvements may be posted, within a 55' dedicated right-of-way in accordance with City of Temecula Standard No.100(867110'). 69. In the event that Royal Crest Place, Pauba Road, Butterfield Stage Road, and Crowne Hill Drive are not constructed by Assessment District 159 prior to final map recordation, the developer shall construct or bond for the required improvements.The improvements shall be constructed prior to occupancy. 70. Vehicular access shall be restricted on Pauba Road, Butterfield Stage Road, and Crowne Hill Drive and so noted on the final map. 71. 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: a. Street improvements, including, but not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, striping, traffic signal systems, and other traffic control devices as appropriate. b. Storm drain facilities. c. Sewer and domestic water systems. 72. The street design and improvement concept of this project shall be coordinated with adjoining developments. 73. Street lights shall be provided along streets adjoining the subject site in accordance with the City of Temecula Standard Nos. 800, 801, 802, and 803. 74. The minimum centerline radii shall be 300 feet or as approved by the City Engineer. 75. All street centerline intersections shall be at 90 degrees or as approved by the City Engineer. 76. A minimum centerline street grade shall be 0.50 percent. RAE 0 WO-M72 t1231435th=Adoc Conditions of Approval PA00-0272 (e Extension of Time) VTT 23143 February 15,2001 j 77. The subdivider shall submit four prints of a comprehensive grading plan to the Engineering Department.The plan shall comply with the 78 latest provision of the Uniform Building Code, 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. 78. 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. 79. 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. 80. 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." 81. A drainage easement or a letter of "permission to accept drainage" shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the recorded drainage easement shall be submitted to the City for review prior to the recordation of the final map. 82. The subdivider shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. 83. Prior to final map,the subdivider shall notify the City s CATV Franchises of the Intent to Develop. Conduit shall be installed to CAN Standards at time of street improvements. PRIOR TO ISSUANCE OF GRADING PERMITS: 84. Prior to issuance of a grading permit, developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit form the State Water Resources Control Board. No grading shall be permitted until a NPDES clearance is granted or the project is shown to be exempt. (Added at Directors Hearing on July 16, 1992). 85. 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. 86. 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. 87. 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 BUILDING PERMIT: 88. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by,and in accordance with,Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06 DIF Condition. RAE 0 TOO-0272 U23143 ShCOAAW Conditions of Approval PA00-0272(e Extension of Time) VTT 23143 February 15,2001 89. A precise grading plan shall be submitted to the Engineering Department for review and approval. The building pad shall be approved by a registered Civil Engineer for location and elevation, and the Soil Engineer shall issue a Final Soils Report addressing compaction and site conditions. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 90. 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. 91. 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. CONDITIONS 92 THROUGH 94 WERE ADDED AT DIRECTORS HEARING ON JULY 16, 1992. 92. 1 (Deleted at Directors Hearing on July 16, 1992). PUBLIC WORKS DEPARTMENT—TRANSPORTATION ENGINEERING DIVISION PRIOR TO RECORDATION OF THE FINAL MAP: 93. submittal. (This condition has been revised. See Condition 110 under Prior to Issuance of Occupancy Permits). 95. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public Works and the Riverside Transit Agency(RTA). 96. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the City Engineer for all internal streets with a curb separation of 44' or more. For internal streets with a curb separation of 40' or less, only a signing plan for each tract shall be required. RAE 0 T M72 d23143 SMCOA.doc Conditions of Approval PA00-0272 (e Extension of Time) VTT 23143 February 15,2001-R---#RFf;AId- Stage Read at Gre%AORG Will DOYA These plaRS Shall 198 inGluded lR!he S#89t j impreyeFMRt plans With the G8GGRd plan eheek his condition has been revised. See Condition 110 under Prior to Issuance of Occupancy Permits). 98. When the Tract Map is phased, a minimum of 2 points of all weather vehicular ingress and egress,with a 28'minimum width,shall be required for each phase unless otherwise approved by the City Engineer. 99. Sight distance calculations shall be required for each proposed intersection, and shall conform with the CalTrans sight distance standards. 100. In the event the Rancho Villages Assessment District No. 159 does not fully improve Butterfield Stage Road from Rancho California Road to SR79 South, Royal Crest Place from Butterfield Stage Road to Crowns Hill Drive,Crowns Hill Drive from Pauba Road to Butterfield Stage Road,and Pauba Road from Via Del Monte to Butterfield Stage Road, then the Developer may SR48F We a F8iFAbUFG9FA8R4 agF8eFA8RtWi4h the Gi be eligible for DIF Credits for the amount over the developer's pro rata percentage of the design and construction costs of: A. Signing and striping plans prepared by a registered Civil Engineer and approved by the City Engineer for Butterfield Stage Road from Rancho California Road to SR79 South, Crowne Hill Drive from Pauba Road to Butterfield Stage Road, Royal Crest Place from Butterfield Stage Road to Crowne Hill Drive, and Pauba Road from Via Del Monte to Butterfield Stage Road. B. Traffic signal plans prepared by registered Civil Engineer and approved bythe City Engineer for the ultimate signal locations at Butterfield Stage Road and Rancho California Road: Butterfield Stage Road and Pauba Road; Butterfield Stage Road and De Portola Road; . C. Traffic signal interconnect plans prepared by a registered Civil Engineer and approved by the City Engineer for Butterfield Stage Road from Pauba Road to De Portola Road. D. The raised medians on Butterfield Stage Road from Pauba Road to De Portola Road shall include 250'of left turn storage capacity with 120'of approach transition or as determined by the Director of Public Works during design,for the intersections with Royal Crest Place, Crowns Hill Drive and De Portola Road. All other street improvements including but not limited to asphalt concrete pavement and aggregate base,curb and gutter,sidewalk,street lights,shall be constructed on Butterfield Stage Road between the north and south tract boundary lines. E. The striping plan for Pauba Road to include a left turn land for Crowns Hill Drive. 101. A school zone signing and striping plan shall be prepared by a registered Civil Engineer and approved by the City Engineer for the school site within this project. This will be separate from the street improvement plans and will cover any and all streets necessary to provide the appropriate signing and striping. 102. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. RAE 0 71OD-M72 r23143 ShCOA.doc Conditions of Approval PA00.0272(e Extension of Time) VTT 23143 t 1 February 15,2001 PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS: 102. 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: CONDITIONS 104 AND 105 WERE ADDED AT DIRECTORS HEARING ON JULY 16, 1992. 104. The subdivider shall provide "stop" controls at the intersection of local streets with arterial streets and collector streets as directed by the Department of Public Works. 105. Landscaping shall be limited in the comer cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance. 106. All signing and striping shall be installed per the approved signing and striping plan. 107. All traffic signals shall be installed and operational per the special provisions and the approved traffic signal plan wbea wim;aated as specified under Condition 110 but not later than issuance of occupancy for the final phase. 108. All school zone signing and striping shall be installed per the approved school zone signing and striping plan prior to occupancy of the school site. 109. All traffic signal interconnect conduit and cable along Butterfield Stage Road from Pauba Road to De Portola Road shall be installed per the approved plan at the time of street improvements. 110. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersection of Butterfield Stage Road at Pauba Road and shall be included in the street improvement plans. The traffic signal may be installed at the discretion of the Director of Public Works. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersection of Butterfield Stage Road at Royal Crest Place. A traffic signal shall be installed prior to issuance of the 150' occupancy not including occupancy of Phase 2, 3, and 4, unless additional traffic studies support delaying the installation or whenever Royal Crest Place is constructed to Butterfield Stage Road,whichever comes first. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersection of Pauba Road and Crowne Hill Drive. A traffic signal shall be installed prior to issuance of the 504"' occupancy not including occupancy of Phase 2,3,and 4, unless additional traffic studies support delaying the installation or whenever Crowns Hill Drive is constructed to Pauba Road,whichever comes first. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersection of Butterfield Stage Road at Crowne Hill Drive. A traffic signal shall be installed prior to issuance of the 2e I occupancy on the extension of Crowne Hill Drive.This 21P occupancy is not inclusive of Phase 2, 3, and 4 occupancy. RAE 0 T10D-0272 d23143 5Nl00Adoc Conditions of Approval PA00.0272 (e Extension of Time) VTT 23143 t February 15,2001 t 111. Prior to issuance of grading permits the Public Works and Planning Departments shall Insure that all reasonable methods of dust control and/or soil erosion have been incorporated Into the plan. (Added at Director's Hearing 2115/01) FIRE DEPARTMENT: 7. All previous conditions of approval still apply. COMMUNITY SERVICES DISTRICT: 8. All previous conditions of approval still apply. OTHER AGENCIES: 9. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated July 28, 2000, a copy of which is attached. 10.The applicant shall comply with the recommendations set forth in the California Department of Transportation's transmittal dated August 9, 2000, a copy of which is attached. I have read, understand and accept the above Conditions of Approval. I Applicant's Signature Print Name RAE 0 TO-0272 C231I3 5th=kdoc