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HomeMy WebLinkAbout91_101 PC Resolution BESALgTION NO. 91-101 A RESOLUTION OF THE PUUINING COMMISSION OF THE CITY OF 1TMECULA RECOMMENDING APPROVAL OF THE SECOND EXTENSION OF TIME FOR VESTING ITNTA11VE TRACT MAP 23125-A 225 RESIDENTIAL SUBDIVISION ON ARA ACRES LOCATED ON THE NOBTHEAST CORVEB OF DE PORTOIA ROAR ARD BOTITRFIELD STAGE ROAR AND KNOWN AS ASSESSORS PARCEL NO. 926-330- 004 ARD 926-070-020. WIIEBESS, Sterling Builders, Inc. filed the Time Extension in accordance with the Riverside County Land Use, Zenlng, Planning and Subdivision Ordiuances, which the City has adopted by reference: WBFOEAS, said Time Extension applicatJon was processed in the time and manner prescribed by State aud local law: WBEBEAS, the Planning Commission considered said Time Extension on Octeber 21,1991, at which time interested persons had an opportunity to testily either in support or opposition: WflEBEAS, at the conclusion of the Commission hearing, the Commission appreved said Time Extension. NOW, THEREFORE, THE PIJUINING COMMISSION OF THE CiTY OF TEMFOUIA DOES BESOLVL DETERMIVEARD ORDER AS FOLLOWS: 8ECflIN L Rndlngs. 111at the Temecula Planning Commission hereby makes the following findings: 1. 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 fime, the city is not subject to the requiremeut that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if ali of the following requirements are mst: A. The city is preceeding in a timely fashion with the preparafion of the general plan. B. The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: [1] 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. (2] There is little or no probability of substantial de.merit to or intederence with the future adopted general plan if the proposed use or acifon is uiifmately inconsistent with the plan. [3] The proposed use or action complied with all other applicable requirements of state law and local ordinances. S\STAFFRPT~?.3125BVTM 7 Tile Riverside County General Plan, as amended by the Southwest Area Community Plan, thereinaiter 'SWAP'3 was adopted prior to the Incorporation of Temecula as the General Plan for the sonthwest portJon of Riverside County, including the area now within the boundaries of the City. At this tJme, 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. The proposed Time Extension is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wi~ Jl. Tile City is proceeding in a timely fashion with a preparation of the general plan. The Planning Commission finds, in approving projects and taldng other actions, including the issuance of building permits, pursuant to this title, each of the following: [11 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. [2l Thera 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. [3) The proposed use or action complies with all other applicBble raqulrements of state law and local ordinances, Pursuant to Section 18.30[c), no Time Extension may be approved unless the following findings can be made: The proposed use must conform to ail the General Plan requirameuts and with all applicable requirements of state law and City ordinances, The proposed subdivision does not affect the general health, safety, and welfare of the public. The Plaflnlng Commission, in approving the proposed Time Extension, makes the following findings, to wit: There is a reasonable probability that this Project will be consistent with the City's future General Plan, which will be completed in a reasenable ffme 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 anitcipated residentJal development standards. There is not a likely probability of substantial detriment to er intederence 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 anffcipatod land use and design guidelines standards. S'~STAFFRPT'~23125B.VTM F. The proposed uso 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 land use designafion. The site is suitable to accommodate the PrOPOSed land use in terms of the size and shape of the lot configuration, ciroulatJon patteros, access, and density, due to the fact that: adequate area is provided for all proposed residenfial Stnlcteres; adequate landscaping is provided along the project's public and private frontages; and the intaroal cJroulatJon plan should not create ti-amc conflicts as design provisions are in conformance with adopted Ci~ standards. 1he project as designed and csudifioned will not adversely affect the public health or welfare, due to the fact that the conditions stated in the approval are based on mitigaiton measures necessaryto reduce or eliminate potentJal adverse impacts of the projecL VestJng Tentaitve Tract Map No. 23125 is cemPatJble 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 compatJbility with sufTounding land uses; and adequate area and design features provide for siting of proposed development in terms of landscaping and interoal tromc circulafion. The proPosal will not have an adverse effect on surrounding Property because it does not ropresent a significant change ta the Present or planned land use of the area, due to the fact that the proposed project is consistent with the proposed zoning of the subject site, and also consistent with the adoPted Southwest Area Community Plan [SWAP] designation. The project as designed and conditioned will not adversely affect the built or naterol environment as determined in the Environmental Impact Report adopted by the County for the project, due to the fact that impact mifigatJon is realized by conformance with the project's Conditions of APproval. 11to prelect 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 two independent access points from De Portola Road which has been determined to be adequate by the City Engineer. The design of the subdivision, the type of improvements and the rosulitng ~eet 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 ropresentad In the site Plan and the Project analysis. Said findings are supported by minutes, maps. exhibits and environmentei documents associated with these applicants and herein incorporated by reference, due to the fact that they are referenced in the attached Staff BePorL Exhibits, Environmental Assessment, and Conditions of APproval S\STAFFRPT~.3125B.VTM 9 6. As conditioned pursuant to SECTIOH II, the Time Extension Proposed conforms to the logical development of its proposed site, and is compatible with the present and fnture development of toe surrounding properly. SECi10N IL Emdronmeatal Compliance. 111at the City of Temecula Planning Commission hereby detonnines that the provious environmental determination [Adoption of Environmentoi Impact Report No. 263] still applies to said Tract Map [Extension of Time]. SECTiON IlL ClndlUons~ 111at the City of Temecula Planning Commission hereby approves the Second Extension of Time for Vesting Tentative Tract Map Ho. 23125 for a 225 residential lot subdivision on 88.4 acres located on the northeast corner of De Pmlela Road and Bntteflield Stage Road and known as Assessor's Parcel No. 926-330-004 and 926-070-020 subject to the following conditions: 1. Attachment III, attached bereto. SECIIAN IV. PASSED, APPROVED AND ADOPTED this 21st day of October 1991 GarYThernhill Planning Director 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 21st day of October 1991 by the following vote of the Commission: AYES: 4 PiNIHING COMMISSIOHERS Blair, Chiniaeff, Fabey, Ford NOES: I PlANNiNG COMMiSSiONERS Hoagland ABSENT:O PLANNING COMMISSIONERS Hone S~STAFFRPT~23125B.VTM lO AI'i'ACBMENT NO. 2 COHDITIONS OFAPPROVAL S~STAFFRPT~23125B.VTM 11 AI'rAODMENT 2 CITY OF TEMECULA ADBIflINAL DINDI111NS IF APPBIVAL Vesting Tentative Tract Map Ho. 23125 Second Extension of Time Commission Approval Data: October 21,1991 Expiration Date: Octaber 21,1993 Planning Degament Unless previously paid, prior to the issuance of a grading permiL the applicant shall comply with the previsions of Ordinance No. 663 by paying the appropdata 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. No building permits shall be issued by the City for any residential lot/unit within the preject boundary until the developer's successors-in-intarest 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 developmenL This conditionallY approved Extension of Time for Vesting Tentative Tract Map No. 23125 will expire one [1] year after the original expiration date, unless extended as provided by Ordinance 460. The expiration date is October 20,1992. 4, The subdivider shall comPlY with the original Conditions of Approval for Tentative Tract Map No. 23125 [see attached] except as amended herein. 5. Prior to recordatJonof Vesting Tentative Tract Ho. 23125, Change of Zone No. 17 shall be effective. = The applicant shall complY with the Califoreia Department of Fish and Dame [Streambed Alteration Agreement 5-381-90] recommendations outfined in the uansmittal dated August 18,1990, a copy of which is attached. The applicant shall comPlY with the Los Angeles DistricL Corps of Engineers recommendafions outfined in the Uansmiual dated February 8,1991, a copy of which is attached. rnglneedug Department The following are the Engineering Department Conditions of Appreval for this project, and shall be completed at no cost to any Govenlment Agency. All questions regarding the tnle meaning of the condJfions shall be referred to the FJigineedng Departmenl. 1he developer shall complY with all prexteus Aunditions of Approval except as amended by the following conditions. S~STAFFRPT~?.3125B.VTM 12 It is ufldersteod that the Developer correctly shows 811 existing easements, traveled ways, and drainage courses, and their omission mav require the project to be resubmitted for further consideration. PBIIB TO BECDBDA11BN OF TIlE RNAL MAP As deemed necessary by the City Engineer or his representathJe, the developer shall receive written clearance from the foDowing agencies: Bancho California Water DisU'ict; Eastere Municipal Water District; Riverside County Flood Control district; City of Temecula Fire Bureau: Planning Department; Engineering Depart]nent; Biverside County Health Department; CAIV Franchise; Parks and Recreation Department; and Temecula Community Services DiWicL et Prior to final map, the subdivider shall notify the City's CATT/Franchises of the Intent to Develop. Conduit shall be Installed to CAW Standards at time of sUeet improvement~ 10. 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. PBIIB TO ISSgANCE IF GBADING PEBMITS 11. Prior to any work being pedormed in public right-er-way, fees shall be paid and an encroachment permit shall be ebteined from the City Engineer's Office. 12. A grading permit shall be obtained h'om the Engineering Department prior to commencement of any grading outside of the City-maintained road right-of-way. PBIBR TI BglLDING PEBMIT 13. A precise grading plan shall be submitted to the Engineering Department for review and approval. The building pad shall be cerfifled by a registered Civil Engineer for location and elevafion, and the Soil Engineer shall Issue a Final Soils Report addressing compaction and site conditions. Grading of the subject properly 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. 15. 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 raft.gaf.on as required under the EiB/Negative Declaration for the projeeL The fee te be paid shad be 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 ter the project or any phase thereof,the developer shall execute the Agreement for payment of Public Enciiity fee, a coPy of which bas been provided to developer. Concurrent.Y, with executing this S\STAFFRPT~23125BV'rM 13 Agreement. developer shall post a bond to secure payment ef the Public Facility fee. The amount of the bond shall be $2.00 per square toot. not to exceed $10,000. Developer understands that said Agreement may require the payment ef fees in excess of these new estimated [assuming benefit to the project in the amount of such fees]. By execution of this Agreement. developer will waive any right to protest the provisions of this CondiUon, of this Agreement. the formaUon of any traffic impact fee district, or the process, levy, or coilecUon of any uaffic miUgation or traffic impact fee for this project; .nrnufded that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. PBIIB TI IssgJUleE IF CEB11ReAITS IF ICCDPANCY 16. If constructJon of improvements are phased and completed prier to development occurring on adjacent propertJes, a 28' wide secondary access read shall be Provided within a recorded private road easement as approved by the City Engineer. 17. Exlsfing City roads requiring construcUon shall remain open ts traffic at all tJmes with adequate detaurs during construction. Trensperthtlen Engtoeedng PBIIB TO BECOBDATION OF TOE FINJU. MAP 18. A signing plan shall be designed by a Registered Civil Engineer and approved by the City Engineer for all internal streets with 66' of dght-ef-wny or less and shall be shown on the street improvement plans. 19. Condition 8o. 32 of the Riverside County Boad letter dated June 28,1988, shall be deleted. Temecula Community Service Ols~lct FICSD) DePafuuent 20. 1he exterior [perimeter] slopes proposed in the Tract Map No. 23125 may be dedicated th the TCSD by way of an irrevocable offer to dedicate for landscape maintenance purposes, upon compliance to existing standards as approved by the TCSD, and upon completion of the application process. 21. 1he Parkland DedicaUon Requirement [Quimby] is 2.75 acres of imProved parkland to be dedicated to the TCSD prior to issuance of 63rd Building PenniL 22. Prior to recordaUon of the final map, the applicant sfiall offer for dedication 2.75 acres of land (lot "A'I and execute with the TOSD and agreement to improve the proposed 2.75 acre park in accordance with TCSD standards at the time of execuUon for park purposes within the area currently designated as a wetland, in the event that it is determined to be infeasible to provide parkland within the wetland area, applicant shall provide the required amount of land dedication and Improvements at an alternate Iocsfion within the Project site. 1he responsibility for the maintenance and improvement of the remaining open space area {lot 'T'] shall be borne by the applicant and/or homeowners association until such Ume that improvements as required by State and Federal law are satisfied. 23. Approximately 12 acres of undeveloped open space contiguous with the proposed park site identified as Let "e" and approximately 2.6 acres of wetland identified as Lot'S" sfiali be dedicated to the TCSD upon complefion of required Improvements, and prior to the issuance of the 63rd S'~STAFFRP~2.3125B.VTM 1,4 24. 2§. 26. 27. Building Permit. All Interior slopes including Lot T shall be maintained by an BOA, 111e exterior slope maintenance areas proposed to be maintained by the TCSD shall be Properly identified on the final map. Biverside County ConditJen Bos, 18, d and e shall be rePlaced by the following conditJen: Ail non-arterial slopes shall be maintained by the established homeowners association for the subject tract [1/esting Tentative Tract Map No. 23125). Prior to recordation of the final map, a grading plan for the project shall be approved by the City Engineer. S\STAFFRPT~23125B,VTM 15 · 7F~ ' f,~r ~he ~mpac~$ t.~ the va~er¢our~e -.,~ ,.~ :Ti&.) ':..-Z~-~02{., ::' .'.~, ,~ke -,~...nv~ -_d,:tre?.. A~)I~ I~BAIEDINf) ~OPOSED $~ C~ LAK~ ~L,~T[ON .above, bhi$ Agreemen~ i'. no l.:.nger :'~lid and a r, ev :.~nd :r ~r~r~y, n~r deem -si: -yr:eaenr, beccmes cf recurve ~,,~ .?.-.~.e cf '?oer:~.,sr': ::r,..~:".':~;~.n .:nlv_. Thi~areemen~.~all remmzn :n effe~:.-~ fr.-~?..'-~- · '.e._-e::'--', t..~ :~,t~fv ~he r..erm~/¢cnd~e,~..-me ,'..f ~.hi,. ,',-r~r_~e~ent.. Tf..'.'-'.'.~.~, ~ree-_en.. 'hi'J A~reeraen~ -.h~ll ~e votded. CONCU:=--NCE Fi'.h ~nd ( a t 9na~,,~e ) (da~e) ( e igna~ta-e ) (da~e) ~ -.~dis~rb~l fireman prnr ~o initiation of p~oje~ a¢c~vtc~e~, a dalai[ed plantmg F~Le%te · nd f;ve ye~r~. If C~ msnLmum grovch ~ no~ a~hiev~ ~F~n t~ '~r~ Arr~y~ ~il:~w PB 5 f~ lO f~ 15 h ! gallon ~ f~ LO fu 15 f~ 8yes:ore I gallon 20 f~ $ f~ g fb ~' 15 gallon 25 f~ lO f~ I~ f~ I gall.m * ? f~ 12 ft g. Th..e Operator shall comply vtth all litter mhd pollution l~wm, AIl 13. :-,e Ocer~tor shall orovide m cow of bhia Aareemen~ to ail contracr~r~, a~ree~ene m~ll ~ readily available ae work ai~s aC'all Sizes d~i~ office of the Chief Regulatory Branch DEPARTMENT OF THE ARMY February 8, 1991 Sterling Builders c/o PJ%NPAC Corp. ATTN: John R. Easton 27447 Enterprise Circle West Temecula, California 92390 ~: File Number 91-201-MJ Gentlemen: This is in reply to your application dated June 29, 1991 for a Department of the Army Permit to place 20,000 c.y. of fill materiel in 0.56 acre of waters of ~he United States, cf which 0.15 acre of wetland habitat. As mitigation, 0.3 acre of wetland habitat will be created on-site. The project is located in the streambed of an unnamed tributary of Temecula Creek, approximately 6000' west-northwest of State Highway 79 bridge crossing over Temecula Creek, in the city and county of Riverside, California. Regulations for our permit program, published in the Federal Register, include Part 330 - Nationwide Permits (see the enclosure). The Corps of Engineers has determined that your proposed activity complies wi~h the terms and conditions of the nationwide permit at Part: 330.5(a)(26) for discharges of dredged or fill material into waters of the United States, including wetlands, that are located above the headwaters or are isolated waters and which would cause loss or substantial adverse modification of less than one acre of such waters. As long as you comply with the nationwide permit conditions described in Part 330.5(b) and submit mitigation site reports to the Corps every year for the next three years after mitigation has been completed, an individual permit is not required. This letter of verification is valid until the nationwide permit is modified, reissued, or revoked. All the nationwide permits are scheduled to be modified, reissued or revoked prior to 13 January 1992. It is incumbent upon you to remain informed of changes to the nationwide permits. We will issue a public notice announcing the changes when they occur. Furthermore, if you commence or are under contract to commence this activity before the date the nationwide permit is modified or revoked, you will have twelve months from the date of the modification or revocation ~o -2- complete the activity under the present terms and conditions of this nationwide permit. A nationwide permit does not grant any property rights or exclusive privileges. Also, it does not authorize any injury to the property or rights of others or authorize interference with any existing or proposed Federal project. Furthermore, i~ does not obviate ~he need to obtain o~her Federal, state, or local authorizations required by law. If you have any questions please contact Mike Jewel1 of my staff at (213) 894-5606. Sincerely, Diane I~. Noda ~ o C' Acting Chief, Southern S~ction Enclosure INTER-DEPARTMENTAL MEMORANDUM OOG1CTY OF RIVERSIDE xoad and Survey D~partmeflt May 11, 1988 RIYF. h~.,,. ~dNTY PLANNING DEPART&lENT ~O~ lee Johnmon, Principal Engineering Technician FROA~ Edwin Studor, Transporcstion Planner REt Tentative Tract 23125 (Sterling Ranch) - Traffic Study We have reviewed the Traffic Study for Tentative Tract 23125, lsd generally agree with the analysis relative to traffic and circulat£on. bled upon our rsviaw of this proposal, it is recom~eflded that the following considerations be given in develop£flg conditions of approval for this pro~sct. The pro~ect proponent shall participate in the Traff£c Signal Kltigation Program al approved by tho Board of Supervisors. Butterfiald Stage Road and De Portola Road, adjacent to the pro~ect~ should be improved to &n arterial hiph~ay (1~0' foot right-of-ray), A 15~ Esot left turn pocket should be provided for traffic on Butterfield ~:~e Road and De Portola desiring to turn left into each project entrance, cc: Planning DelMrtmant Subdivision March 8, 1988 RIVERS;DE COUN'FY PLANNING DEPA~TMF' '- B~cba~d D. S~effey J-mm A. Dm'by Sr. V~ ~ph D~ly ~ug Kul~ Jou A, Lun~n Jefr~y ~ Mi~er T.C. ~'e Riverside County Planning Department 4080 Lemon Street, 9th Floor Riverside, California 91501-3657 Subject: Water Availability Reference: Vms=lng Tract 23125 Gentlemen: Please be advised l~hat the above-referenced property ia located within the boundaries of Rancho california Water District. Water service, ~herefore, would be available upon completion of financial arrangements between RCWD and the proper~y owner. Water availability would bm contingent upon the property owner signing an Agency Agreement which assigns water management rights, if any, to RCWD. Sites for additional water production facilities may be required within the proposed development depending upon the loyal of increased demand created by the proposal. If RCWD can be of further eeL"~ice to you, please contact this office. Very truly yours, RANCHO CALIFORNIA WATER DISTRICT Senga P. Dohe~cy Engineering Services Representative F011/dpt84 R A N CH O C A L I FO R N I A W A TE R D I S T R I C ~ 28061 DIAZ ROAD · POST OFFICE BOX 174 * TEMECULA, CA 9239~0114 · (714) 6?64101 * FAX i?141 676~61: