HomeMy WebLinkAbout91-059 CC Resolution- RESOLUTION NO. 91-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TENIECULA APPROVING THE FIRST EXTENSION OF TIME FOR
VESTING TENTATIVE TRACT MAP 23103 A 18 LOT
RESID~L SUBDIVISION OF 29.2 ACRES LOCATED WEST
OF B~LD STAGE ROAD BETWEEN LA SERENA WAY
AND RANCHO CALIFORNIA ROAD AND KNOWN AS
ASSESSOR'S PARCEL NO. 923-210-010
WHEREAS, Marlborough Development Corporation filed the Time Extension in
Accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances,
which the City has adopted by reference;
WHEREAS, said Time Extension application was processed in the time and manner
prescribed by State and local law;
WHEREAS, the Planning Commission considered said Time Extension on April 15, 1991,
at which time interested persons had an opportunity to testify either in support or opposition;
WHEREAS, as the conclusion of the Commission hearing, the Commission recommended
approval of said Time Extension.
WHEREAS, the City Council conducted a public hearing pertaining to said Time
Extension on May 28, 1991, at which time interested persons had opportunity to testify either in
support or opposition to said Time Extension; and
~, the City Council received a copy of the Commission proceedings and Staff
Report regarding the Time Extension;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Findirlgs. That the Temecula City Council 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
Resos 91-59 -1-
plan.
2. The planning agency finds, in approving projects and taldng other actions,
including the issuance of building permits, each of the following:
a. 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.
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 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 Time Extension 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
2. The City Council finds, in approving projects and taking other actions,
including the issuance of building permits, pursuant to this rifle, each of the following:
a. 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.
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.
Resos 91-59 -2-
D. 1. Pursuant to Section 18.30(c), no Time Extension may be approved unless the
following findings can be made:
a. The proposed use must conform to all the General Plan requirements and
with all applicable requirements of state law and City ordinances.
b. The proposed subdivision does not affect the general health, safety, and
welfare of the public.
2. The City Council, in approving the proposed Time Extension, 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.
c. 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.
d. The site is suitable to accommodate the proposed land use in terms of
the size and shape of the lot configuration, circulation patters, access, and density, due to the fact;
adequate area is provided for all proposed residential structures; 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.
e. 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.
f. 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.
Resos 91-59 -3-
g. 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
(Specific Plan No. 199), and also consistent with the adopted Southwest Area Community Plan
(SWAP) designation of Specific Plan.
h. 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.
I. 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 Butterfield Stage Road 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 they are referenced in the attached Staff Report, Exhibits, Environmental
Assessments, and Conditions of Approval.
E. As conditioned pursuant to SECTION 2, the Time Extension proposed conforms to the
logical development of its proposed site, and is compatible with the present and future
development of the surrounding property.
SECTION 2. Conditions. That the City of Temecula City Council hereby approves the
First Extension of Time for Vesting Tentative Tract MAP 23103 for A 18 lot residential
subdivision of 29.2 acres located west of Butterfield Stage Road between La Serena Way and
Rancho California Road and known as Assessor's Parcel No. 923-2104)10 subject to the following
conditions:
A. Attachment II, attached hereto.
SECTION 3. The City Clerk shall certify the adoption of this Resolution.
Resos 91-59 4-
PASSED, APPROVED AND ADOPTED this 11th day of 1une, 1991.
Ronald 1. Parks, Mayor
ATTEST:
[SEAL]
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA )
I I-IEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council
of the City of Temecula at a regular meeting thereof, held on the 11th day of June, 1991 by the
following vote of the Council:
AYES:
4 COUNCILMEMBERS: Lindemans, Moore, Mufioz, Parks
NOES:
0 COUNCILMEMBERS: None
ABSENT: 1
COUNCILMEMBERS: Bird sail
~~~e S. Greek, ~2'ity le'~~~
Re,os 91-59 -5-
ATTACHMENT II
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. 460 has been satisfied regarding payment of parks and
recreation fees in accordance with Section 10.35 of Ordinance No. 460.
Verification shall be submitted prior to issuance of any certificate of
occupancy.
e
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 460. The expiration date is
November 8, 1991.
o
The subdivider shall comply with the original Conditions of Approval for
Tentative Tract Map No. ;23102 (see attached) except as amended herein.
Enqineerinq 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.
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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 all 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. 460.
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 Oepartment;
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 Butterfield 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 (CC&R's) shall be
prepared by the developer and submitted to the Director of Planning, City
Engineer and City Attorney. The CCSR'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 CC&R's shall be reviewed and approved by the City and recorded. The
CC&R's shall be subject to the following conditions:
STAFFRPT\VTM23103 2
a. The CCSR's shall be prepared at the developer's sole cost and expense.
be
The CC&R's shall be in the form and content approved by the Oirector
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.
Co
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.
do
The CC&R's shall provide for the effective establishment, operation,
management, use, repair and maintenance of all common areas and
facilities.
eo
The CC&R's shall provide that the property shall be developed,
operated and maintained so as not to create a public nuisance.
fo
The CC&R's shall provide that if the property is not maintained in the
condition required by the CC&R's, then the City, after making due
demand and giving reasonable notice, may enter the property and
perform, at the owner's sole expense, any maintenance required
thereon by the CC&R's or the City ordinances. The property shall be
subject to a lien in favor of the City to secure any such expense not
promptly reimbursed.
i. 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 homeowner's 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
Facilities 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.
Street improvements, including, but not limited to: pavement, curb
and gutter, medians, sidewalks, drive approaches, street lights,
STAFFRPT\¥TM23103
16.
17.
18.
19.
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. 461 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.
A minimum centerline street grade shall be 0.50 percent.
20.
21.
22.
23.
All driveways shall be located a minimum of two (2~ feet from the property
line.
The subdivider shall submit four prints of a comprehensive grading plan to
the Engineering Department. The plan 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 24" 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'TM23103
Z5.
On-site drainacje 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:
:79.
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 to
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
5
35.
Existing city roads requiring construction shall rem-~in open to traffic at all
times with adequate detours during construction.
36.
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.
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 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 Oeveloper 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 Enqineerinq
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 Clinet 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.
40.
Prior to designing any of the above plans, contact Transportation Engineering
for the design requirements.
41.
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:
42.
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:
43.
All signing and striping shall be installed per the approved signing and
striping plans.
STAFFRPT\VTM23103
6
Buiidinq & 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.
46. School fees shall be paid to Temecula Unified School District.
STAFFRPT\VTM23103