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HomeMy WebLinkAbout02-091 CC ResolutionRESOLUTION NO. 02-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA00-0152 - TENTATIVE PARCEL MAP NO. 29140 RE- SUBDIVIDING THE SITE FROM 3 LOTS INTO 8 LOTS, GENERALLY LOCATED SOUTH OF RANCHO CALIFORNIA ROAD, WEST OF COSMIC ROAD AND EAST OF THE MORAGA ROAD INTERSECTION OF RANCHO CALIFORNIA ROAD KNOWN AS ASSESSORS PARCEL NO(S). 944-290-012, 013, AND 014. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. declare that: The City Council of the City of Temecula does hereby find, determine and MJW Property Group filed Planning Application Nos. PA00-01'38, General Plan Amendment, PA00-0139, Zone Change, PA00-0140, D&velopment Plan, and PA00-0152, Tentative Parcel Map, for the property consisting of approximately 23 acres generally located south of Rancho California Road, west of Cosmic Road and east of the Moraga Road intersection of Rancho California Road known as Assessors Parcel No(s). 944-290-01 2, 013, AND 014 ("Project"). The applications for the Project were processed and an environmental review was conducted as required by law, including the California Environmental Quality Act. The Planning Commission of the City of Temecula held a duly noticed public hearing on February 20, 2002 to consider the applications for the Project and environmental review. Do Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 2002-003 recommending approval of a Mitigated Negative Declaration and Mitigation Monitoring Plan for the Project, a General Plan Amendment, a Zone Change, a Development Plan and a Tentative Parcel Map. On September 17, 2002 and October 8,2002, the City Council of the City of Temecula held a duly noticed public hearing on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. R:/Resos 2002./Resos 02-91 1 Section 2. findings: Section 3. declare that: On October 8, 2002, the City Council of the City of Temecula approved a Mitigated Negative Declaration and a Mitigation Monitoring Program for the Project when it adopted Resolution No. 02-88, Resolution No. 02-89 approving a General Plan Amendment, Ordinance No. 02-05 approving a Zone Change, and Resolution No. 02-90 approving a Development Plan. The City Council of the City of Temecula hereby makes the following The Project, including the Tentative Map, is compatible with the health, safety and welfare of the community. The Project, including the Tentative Map, has been reviewed and determined to be in conformance with the City's General Plan. These documents set policies and standards that protect the health, safety and welfare of the community. Access and circulation are adequate for emergency vehicles. The Project, including the Tentative Map, is compatible with surrounding land uses. The Project, including the Tentative Map, will not have an adverse effect on the community because it remains consistent with the goals and policies of the adopted General Plan. The Project does not represent a significant change to the planned land uses for the site and represents a relocation of existing land uses. The City Council of the City of Temecula does hereby find determine and The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code and General Plan. Each lot will conform to the minimum lot size requirement of the original zoning district, and as permitted by the Planned Development Overlay zone, may have parcels with access across other parcels created on the same site. Conditions of approval will ensure that the common-use facilities such as parking, sidewalks, and landscaping are maintained by a Property Owner's Association. The tentative map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 The site is physically suitable for the type and proposed density of development proposed by the tentative map. Based on environmental documents submitted with the application and an Initial Study which was prepared by staff in accordance with the California Environmental Quality Act, it has been determined that the site is physically suitable for the type and density of development being proposed. Conditions of approval have been added to ensure that final soils reports are submitted with the construction plans. R:/Resos 2002/Resos 02-91 2 The design of the subdivision and the proposed improvements, with conditions of approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Based on the Initial Study, a Mitigated Negative Declaration and Mitigation Monitoring Plan has been prepared which will provide conditions and requirements to reduce the impacts of the project to a less than significant level. City staff will ensure compliance of the mitigation measures as provided in the Monitoring Plan. The design of the proposed land division or the type of improvements is not likely to cause serious public health problems. All phases of construction will be inspected by appropriate City staff to ensure compliance with all construction and fire codes. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. The project has been conditioned to comply with the Uniform Building Code, which contains requirements for energy conservation. The design of the subdivision and 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 subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided. As conditioned, the project will be required to provide access easements across each lot to provide for parking and on-site circulation. The subdivision is consistent with the City's parkland dedication requirements (Quimby). Section 4. The City Council of the City of Temecula hereby approves Tentative Parcel Map No. 29140, Application No. PA 00-0152, subdividing the existing 3 lots into 8 lots, for the property generally located south of Rancho California Road, west of Cosmic Road and east of the Moraga Road intersection of Rancho California Road known as assessors parcel no(s). 944-290-012, 013, and 014 subject to the specific conditions set forth in Exhibit A, attached hereto, and incorporated herein by this reference as though set forth in full. Section 5. The City Clerk shall certify to the adoption of this Resolution. R:/Resos 2002/Resos 02-91 3 Ron Roberts, Mayor A'I-I'EST: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 02-91 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting held on the 8th day of October, 2002, by the following vote: AYES: 5 COUNCILMEMBERS: Comerchero, Naggar, Pratt, Stone, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNClLMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: Susan V~. Jones, OMC ~..~ ~ CityClerk R:/Resos 2002./Resos 02-91 4 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No, Project Description: Development Impact Fee Category: Assessor's Parcel No.: Approval Date: Expiration Date: PA00-0182 Tentative Parcel Map PA00-0152 Tentative Parcel Map subdividing the current three parcels, which are a portion of lot 24 of Tract 3334, into 8 individual parcels. Residential Attached and Retail Commercial 944-290-012, 013,and 014. October 8, 2002 October 8, 2004 PLANNING DIVISION Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicant shall deliver to the Community Development Department- Planning Division a cashier's check or money order made payable to the County Clerk in the amount of One thousand three hundred and fourteen dollars ($1314.00) for the County administrative fee, to enable the City to file the Notice of Determination required under Public Resources Code Section 21108(b) and California Code of Regulations Section 15075. If within said forty- eight (48) hour period the applicant has not delivered to the Community Development Department - Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition [Fish and Game Code Section 711.4(c)]. General Requirements 2. The parcel map shall comply with the State of California Subdivision Map Act and to all the requirements of the City of Temecula's Subdivision Ordinance, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. 3. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend with Legal Counsel of the City's own selection, the City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, void, annul, seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the 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 the Planning Application. City shall promptly notify the both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves its right to take any and all action the City. ~ R:~D P~000~00-0140 Village of Temecula~Parcel Map COAs CC.doc deems to be in the best interest of the City and its citizens in regards to such defense. 4. The project and all subsequent projects within this site shall comply with all mitigation measures contained in the Mitigation Monitoring Program and conditions set forth. Parcel Map Prior to Approval of the Parcel Map, unless other timing is indicated, the Developer shall complete the following or have plans submitted and approved, subdivision improvement agreements executed and securities posted: 5. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Rancho California Water District c. Eastern Municipal Water District d. Riverside County Flood Control and Water Conservation District e. City of Temecula Fire Prevention Bureau f. Planning Department g. Department of Public Works h. Cable TV Franchise i. Community Services District j. Vedzon k. Southern California Edison Company I. Southern California Gas Company 6. The Developer shall construct the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works: a. Improve Rancho California Road (Arterial Highway Standards - 110' R/VV) to include installation of sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), 14' raised landscaped median, deceleration lane. (i) The Developer shall reimburse the City the cost for the construction of half width of the raised landscape median (yet to be built along Rancho California Road) at a rate not to exceed $50.00 per lineal foot. (ii) The Developer is to reimburse the City for their fair sham of the cost of the existing median built by adjoining properties along Rancho California Road. The Developer is responsible for the frontage along their property. b. Install a 200' long deceleration lane on Rancho California Road at the proposed main entrance, as approved by the Department of Public Works. Dedicate an additional 10' of right-of-way for the deceleration lane. c. Provide an easement at the main entrance for the maintenance of traffic signal equipment, loops, and interconnect. d. Design and install a traffic signal at the intersection of Rancho California Road and the main entrance. 7. All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans standards for transition to existing street sections. 8. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: a. Street centedine grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. R:'~D P~.000~0-0140 Village of Temecula~Parcel Map COAs CC.doc Driveways shall conform to the applicable City Standard Nos. 207, 207A and/or 208. Street lights shall be installed along the public streets shall be designed in accordance with City Standard Nos. 800, 801,802 and 803. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400, 401 and 402. All street and ddveway centerline intersections shall be at 90 degrees. All concentrated drainage directed towards the public street shall be conveyed through curb outlets per City Standard No. 301,302 and/or 303. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided underground. Easements shall be provided as required where adequate right-of-way does not exist for installation of the facilities. All utilities shall be designed and constructed in accordance with City Codes and the utility provider. All utilities, except electrical lines rated 33ky or greater, shall be installed underground. Design of street improvements shall extend a minimum of 300 feet beyond the project boundaries to ensure adequate continuity of design with adjoining properties. 9. Private roads shatl be designed to meet City public road standards. Unless otherwise approved the following minimum criteria shall be observed in the design of private streets: a. Street "A" (private street) shall have a minimum paved width of 28-ft within a 50-ft. rig ht-of-way. b. The driveway at the main entrance shall have a minimum paved width of 76-ft. with a 6' sidewalk for each. c. The easterly ddveway shall have a minimum paved width of 30-ft. with a 6' sidewalk on each side. d. The driveway leading to the residential section shall have a minimum paved width of 28-ft. with a 5' sidewalk on each side. e. Cul-de-sac geometries shall meet current City Standards. f. 90 parking immediately adjacent to the private streets shall be located a minimum safe distance from intersections. g. Identify whether gates will be proposed at entrances to project. If so, configuration, stacking distance, and turn-around ability will need to be reviewed and approved by the Fire Department and the Department of Public Works. h. All intersections shall be perpendicular (90). i. All driveways providing access to two or more buildings shall be designed as a cul- de-sac or a loop road. 10. A construction area Traffic Control Plan shall be designed by a registered Civil Engineer and reviewed by the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. 11. Relinquish and waive right of access to and from Rancho California Road on the Parcel Map with the exception of three (3) openings, as delineated on the approved Tentative Parcel Map. a. The westerly and eastedy driveways shall be restricted to right-in/right-out. The main driveway shall have full turning movements. 12. Corner property line cut off for vehicular sight distance and installation of pedestrian facilities shall be provided at all street intersections in accordance with Riverside County Standard No. 805. 13. All easements and/or right-of-way dedications shall be offered for dedication to the public or R:~D Pt2000~00-0140 Village of Terneculat.marcel Map COAs CC.doc other appropriate agency 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 Department of Public Works. 14. 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. Prior to City Council approval of the Parcel Map, the Developer shall make an application for reapportionment of any assessments with appropriate regulatory agency. 15. Any delinquent property taxes shall be paid. 16. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Parcel Map to delineate identified environmental concerns and shall be recorded with the map. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The following information shall be on the ECS: a. The delineation of the area within the 100-year floodplain. b. Special Study Zones. c. Geotechnical hazards identified in the project's geotechnical report. d. Archeological resources found on the site. 17. The Developer shall comply with all constraints, which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. 18. The Developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the Developer shall, prior to submittal of the Parcel Map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall provide for payment by the Developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the Developer, at the Developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. 19. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. 20. The Developer shall notify the City's cable TV Franchises of the Intent to Develop. Conduit shall be installed to cable TV Standards at time of street improvements. 21. A bus bay within the property frontage will be provided on Rancho California Road, as determined by the Department of Public Works. 22. A minimum 24' easement shall be dedicated for public utilities and emergency vehicle access for all pdvate streets and drives. 23. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the final map. 24. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. 25. An easement for a joint use driveway shall be provided prior to approval of the Parcel Map or issuance of building permits, whichever occurs first. 26. A reciprocal ingress/egress access easement shall be provided for the review and approval of the Department of Public Works. 27. Easements, when required for roadway slopes, landscape easements, drainage facilities, R:~D p~2000~0-0140 Village of Temecula~°arcel Map COAs CC.d, oc utilities, etc., shall be shown on the final map if they ara located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and racorded as diracted by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating, "Drainage easements shallbe kept free of buildings and obstructions." Prior to Issuance of Building Permits 28. Parcel Map shall be approved and racorded. OUTSIDE AGENCIES 29. The applicant shall comply with all the mitigation measuras identified in the attached Mitigation Monitoring Plan. (Environmental Mitigation Measures) 30. The applicant shall comply with all the raquiraments set forth in the letter from the United States Department of the Intedor Fish and Wildlife Services dated May 31,2000. (Attached letter) 31. The applicant shall comply with all the raquiraments set forth in the letter from the Pechanga Cultural Resources dated January 10, 2002. (attached letter) By placing my signatura below, I confirm that I have raad, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance v/Ah these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date Name printed R:~D P~2000~C~0140 Village of Temecula~Parcel Map COAs CC.doc