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HomeMy WebLinkAbout91_109 PC ResolutionA BESOLU110N OF THE PUINHING COMMISSION OF THE CITY OF ITMECUIA BECOMMENDING APPROVAL OF THE FIRST EXTENSION OF TIME FOR VESTING TENTATIVE TRACT MAP 23372-A 66 LOT RESIDENTIAL SUBDIVISION ON 46.9 ACRES AND KNOWN AS A PORTION OF ASSESSORS PARCEL NO. 923-210-014. WIEIFJiS, The Buie Coq]oration filed the TIme Extension in accordance with the Riverside County Land Use, Zening, Planning and Subdivision Ordinances, which the City has adopted by reference; WIEBEAS, said TIme Extension application was processed in the time and manner prescribed bYState and local law: WIESEAS, the Plannfug Commission considered said TIme Extension on November 4,1991, at which Ume interested persons had an opportunity to tesUly either in support or opposition; WBEAPJLS, at the conclusion of the Commission hearing, the Commission recemmended approval ef said TIme Extension. NOW, THEBEFOBL THE PiALINING COMMISSION OF THE CITY OF TEMECULA DOES BESOLI/E, DETERMINE AND ORDER AS FOllOWS: SEI111N L RlilllS That the Temecula Planning Commission hereby makes the following findings: Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty [30] months folfuwing incorPoration. During that 30-nlonth 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 reel: 6. The city is proceeding in a Umely fashion with the preparation of the general plan. The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: [11 There is a reasonable probability that the TIme Extension PrePosed will be consistent with the general Plan ProPosal being considered or studied or which will be StUdied within a reasonable time. 121 There is little or no prebability of substanfial detriment to or intelference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. [3] The proposed use or action complied with all other applicable requirements of state law and local ordinances. The Riverside County General Plan, as amended by the Southwest Area Community Plan, [hereinafter '$WAP"J was adopted prior to the inCOlllOration ef Temecula as the General Plan for hie southwest portion of Riverside County, including the area now within the boundaries of the S~STAFFBPTT23372.V~ 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. The proposed Time Extensien is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: A. The City is proceeding in a timely fashion with a preparation of the general plan. The Planning Commission finds, in approving projects and teldng 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. (2] There is litUe or no probability of substantial detriment to or interference with the future adepted general plan if the proposed use or actJen is ulUmately inconsistent with the plan. (31 The proposed use or action complies with all other applicable requirements of state law and local ordinances. Pursuant to Section 18.301c), no Time Extension may be approved unless the following findings can be made: The nrepesed use must cenform to all the General Plan requirements and with ali applicable requirements of state law and City ordinances. The proposed subdivision does not affect the general health, safety, and welfare of the Public. The Planning Commission, in recommending approval of the proposed Time Extension, makes the following findings, to wil: 11) 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 time and in accordance with State law, due th the fact that the project is consistent with exi~ng site development standards in that it proposes articulated design features and site ameniUes commensurate with existing and anticipated residential development standards. [21 There is not a likely Probability of substanUal 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. [31 The proposed use or acUon complies with state planning and zoning laws, due to the fact that the proposed use conforms with those uses listed as "allowed"wiUlin the zoning designation of Specific Plan 199. S~STJURTPT~23372.VTM The site is suitable to accommodate the proposed laud use in terms of tho size and shape of the lot configuration, circulation patterns, access, and density, due to the fact thai; adequate area is provided for afl proposed residenital stl~lCtUres; adequate landscaping is Provided along the project's Public and private frontages; and the internal circulation plan shouJd not create traffic conflicta as design provisions are in conformance with adopted City standards, [5) The project as designed and cendiitoned will not adversely affect the Public health or welfare, due te the fact that the conditions stated in the approval are based on mitigation measures necessary to reduce or eliminate potential adverse impacts of the projecL [6) ~i6 hz.F,.;;;;~ i~ ~:~ ....... -'- ' -':-;~.~i~v i~G/,~ia~ ................ ' ' ;.:;:.;,:--~:.iiib................................... .........;--: :: i~ ~I[I ~ll& .... ].II~ lllll l~ll:' IIII~ I~I~III llll iilI~ ..... ...... ' ...... - ' '"- i,]i~,..illiJuu [Par Marl gbaadas aitor tho PO ml~ The PrnPOSal 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. [8! The project as designed and conditioned will not adversely affect the built or natural environment as detslmined in the EIR for the projeci; due te the fact that impact mitigation is realized by conformance with the project's Conditions of APpreval. (9) 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 access Points from Kaiser Parkway which have been determined to be adequate by the City Engineer. [10] The design of the subdivision, the type of improvements and the resulting street laYOllt 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, [11) Said findings are supported by mimltes, maps, exhibits and environmental documents associated with is applJcafion and herein incorporated by reference, due to the fact that they are referenced in the attached Staff Report, Exhibits. and Conditions of Approval. As condnfoned PUrsuant to SEC110N 2, the lime Extension proposed conferms to the logical development of its proposed site, and is compatible with the present and fnture development of the surrounding Preperty. U SEC111N IL Elvirenmeltal CllpllllCl. 1hat the City of Temecula Planning Commission hereby determines that the previous environmental detenuination Adoption ef EIR No. 202 still applies to said Tract Map [Extension of l~me]. SE~Tllll IlL ClldltillS. That the City ot Temecula Planning Commission hereby recommends that the Cby Council approve the Rrst Extension of ~me for Vesting Tentative Tract Map No. 23372 for a 66 Lot residential subdivision off 4~.0 acres and known as a portion of Assessors Parcel No. subject to the following conditions: 1. Exhibit A, attached hereto. SE~11111 IV. PASSED, APPROVED ADD ADO PTED this 4th day of November, 1991. ~ Gal~'ThorehHI, Planning Director I HEREBY CES11FY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held en the 4th day of llovember 1991 by the following vote of the Commission: AYES: 5 NOES: 0 ABSENT: 0 PLANNING COMMISSIONERS PLANNING COMMISSIONERS PLANNING COMMISSIONER Blai~ChiniaeKFaheLFord, andChairmanHoagland None None S~STAi~BP~23372.gTM GNIIITA CONDITIONS 6F APPROVAL S~ST~FBPTT23372,1~fl in EXHIBITA CITY OFTEMECULA 6INImllIS IF JiPPBIgliL Vesting Tentative Tract Map No. 23372 First Extension of Time Cemmission APprsval Data: November 4,1991 Expiration Date: November 4,1993 FIIIBIll glpntglllt Unless previously paid, prior to the issuance of a grading permit, the applicant shall comply with the previsions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the previsions of a Habitat Conservation Plan prior to the payment ef 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 let/unit within the project boundal~ until the developer's successor's-in-intarest PrOvides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars [$100] per IoUunit shall be deposited with the City as mitigaiton for public iibral~ developmenL lllnt'illt If hillC Wilts Tile follewing are the Department of Public Works Conditions of APproval for this Project, and shall be completed at no cost to any Govenlment Agency. All questions regarding the Ulle meaning of the conditions shall be referred to the apprepriate staff Person of the DePartment of Public Works. it is understood that the Developer has CoITeCtiY shown on the tentative map all existing easements, traveled ways, and drainage courses, and their omission may require the project to be resubmJttad for further review. Tile Developer shall comply with all Conditions of Approval as previously imposed er amended and with the Conditions noted below. PRfOR TO RECORDATION OF THE HNAL MAP: 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. Delete Condition No. 24 of Riverside County Bond Commissioner letter dated September, 30, 1988, and replace it with the following: Prior to recordation of the final map, the developer shall deposit with the Department oi Public Works a cash sum as established, Per IoL as mitigation towards traffic signal impact~ Shostd the developer choose to defer the time of Payment of t~amc signal mitigation fee, he may enter into ii S~STJmPT~23372.VTI4 II written agreement with the City deferriflg said payment to the tJme of issuance of a building permiL An erosion control and slope protection plan shall be submitted to the Department of Public Works for review and approval. The installation shall be certified by a registored Civil Engineer .ur location and elevation, and site cond~ons shall be maintained to protect adjacent properties from damage due to runoff and erosion. Developer shall post a performance bond for erosion control and slope protection in an amount approved by the Department of Public Works. A flood mitJgaUon charge shall be Paid. The charge shall equal the prevailing Area Dreluage Plan fee rate multiplied by the area of new develoPmenL The charge is payable to the Rood Control District prior to issuance of permits. If the lull Area Drainage Plan fee or miUgation charge has already credited to this property, no new charge needs to be paid. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: Rancho California Water Distric~ Eastern Municipal Water District; Riverside County Rood Control District; City of Temecula Rre Bureau; Planning Department; Department of Public Works; Riverside County Health Depallment; and CA1V Franchise. Community Services Prior to final map, the subdivider shall notify the City's CATO Franchises of the Intent to Develop. Conduit shall be installed to CATO Standards at time of street improvements, Prior to any work being Pedormed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the City Engineer's Office, in addition to any other permits required. PRIOB TO ISSUANCE OF BUILDING PERMIT: Developer shall Pay any capital fee for road improvements and public lucilitJes imposed upon the property of project, including that for traffic and public facility mitJgaUon as required for the projecl, The fee te be paid shall be In the amount in effect at the time of Payment of fee. If an interim or final Public facility miUgation fee or district has not been finally established by the date on which develoPer requests its building Permits for the project or ally Phase thereof, the developer shall execute the Agreement for payment of Public Facility fee, a coPY of which has been provided to developer. Cencurrentfy, with execuffng this AgreemenL developer shall post security to secure payment of the Public Facility fee. The amount of the security shall be $2.00 per square fool net to exceed $10,000. Developer understands that said Agreement may require the payment of fees in excess of those now estimatod [assuming benefit to the project in the amount of such fees]. By execution of this AgreemenL developer will waive any right to protest the provisions from this CondiUon, of this Agreement. the formation of any tramc impact fee district, or the process, levy, or collecUon of any traffic mitigaUon or traffic impact fee for this project; plmdAnd that developer Js not waiving Its right to protest the reasonableuess of any traffic impact fee, and the amount thereof. S~STAFRIPl~23372.V1'M PRIOR TO ISSUANCE 6F CERtifiCATES OF OCCUPANCY: 19. eonsmlct full streut improvements including but not limited to, curb and gutter, A.C. pavemenL sidewalk, drive approaches, parkway trees and street lights on all interior Public street. I1. All Beet improvements striping, marking and signing shall be installed per the approved plans and to the satisfaction of the Departmeut of Public Works. liAIISFIITAflIN ENGINEERING PRIOR TO 111E ISSUANCE OF ANY ENCROACHMENT PERMITS: 12. Delete Condition No. 36 of Alverside County Road Commissioner letter dated September 30,1988. 13. Traffic striping, marking and street name signing plans shall be designed as directed by the Department of Public Works. Said plans shall include Rancho California Road, Margarita Road and all st~eeta cendiGoned under this subdivision. 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 diSnlptJon to traffic circulation as required bythe City Engineer. ITJIEIIIA Cllilllllll'~ SEIlfflES BISTOICT: 15. Pdor to recordation of the final map the applicant or his assignee shall pay the fair market value ef 5~19 acres of required parkland to cemply with City Ordinance No. 460.93 [Quimby). The amount to be Paid shall be determined by TCSD staff within thirty [30] days Prior to recordation of said map. 16. Exterior slopes bordering an arterial street may be dedicated to the TOSD for maintenance following compliance to TCSD standards and completion of the application process.