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HomeMy WebLinkAbout91_016 PC ResolutionRESOLUTION NO. 91-016 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF THE FIRST EXTENSION OF TIME FOR TENTATIVE PARCEL MAP 23335 A SIX (6) PARCEL COMMERCIAL SUBDIVISION OF 10.18 ACRES LOCATED NORTH OF JUNCTION OF WINCHESTER ROAD AND YNEZ ROAD AND KNOWN AS ASSESSOR'S PARCEL NOS. 910- 110-029, 031, AND 910-180-018. WHEREAS, Bedford Properties Inc. 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 February 25, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Time Extension. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findin.qs. That the Temecula Planning Commission 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 plan. (2) The planning agency finds, in approving projects and taking 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 R:q~aul',PC Resolution 91-016.doc 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 plan. (2) The Planning Commission finds, in approving projects and taking other actions, including the issuance of building permits, pursuant to this title, 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. 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 Planning Commission, in recommending approval of the proposed Time Extension, makes the following findings, to wit: R:'~kaul~P(2 Resolution 91-016,doc 2 e) b) c) d) e) f) g) There is a reasonable probability that Tentative Parcel Map No. 23335 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 commemial development standards. 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. 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 C-P-S (Scenic Highway Commercial) land use designation. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuration, cimulation patterns, access, and density, due to the fact that; adequate area is provided for all proposed facility structures; adequate landscaping will be provided along the project's public and private frontages; and the internal circulation plan should not create traffic conflicts as design provisions will be in conformance with adopted City standards. 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. Tentative Pamel Map No, 23335 is compatible with surrounding land uses. The density creates a compatible physical relationship with adjoining properties, due to the fact that the proposal is similar in compatibility with surrounding land uses; and has adequate area in order to provide for siting of proposed development. The proposal will not have an adverse effect on surrounding property because it does not represent a R:Xkaul~PC Resolution 91-016.doc 3 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 (C-P-S; Scenic Highway Commemial) and also consistent with the adopted Southwest Area Community Plan (SWAP) designation of Commercial. 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. 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 will propose independent access points from Winchester Road and Possibly Ynez Road which have been determined to be adequate by the City Engineer. J) The design of the subdivision and the type of improvements 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 that they are referenced in the attached Staff Report Exhibits, Environmental Assessment, 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. Environmental Compliance. That the City of Temecula Planning Commission hereby determines that the previous environmental determination (Adoption of Negative Declaration for Environmental Assessment No. 32718) still applies to said Parcel Map (Extension of Time). SECTION 3. Conditions. That the City of Temecula Planning Commission hereby recommends approval of The First Extension of Time for Tentative Parcel Map 23335 for a six (6) parcel Commemial Subdivision of 10.18 acres located north of the junction of Winchester Road and Ynez Road and R:~kaul~C Resolution 91-016.doc 4 known as Assessor's Parcel Nos. 910-110-029, 031, and 910-180-018 subject to the following conditions: A. Exhibit A, attached hereto. SECTION 4. PASSED, APPROVED AND ADOPTED this 25th day of February 1991 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 25th day of February, 1991 by the following vote of the Commission: AYES: 4 PLANNING COMMISSIONERS Blair, Ford, Hoagland, and Chiniaeff NOES: 0 PLANNING COMMISSIONERS None ABSENT: 1 PLANNING COMMISSIONERS Fahey R:~kaulWC Resolution 91-016.doc 5 ~ aTI'a~HMElfl' II CITY OF TEMECULA ADDITIONAL CONDITIONS OF APPROVAL TentaUve Parcel Map Ho. 23335 Cemmissiofl Approval Date: Expiration Date: Unless previously paid, prior to the issuance of a grading permit, the applicant shall comply with the previsions of Ordinance Ho. 663 by paYing the apprepdate fee set foflh in that ordinance. Should Ordinance No. 663 be suPerseded by the previsions efa Habitat Conservation Plan prior te 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. Prior te any construction on the area shown as remainder, the applicant shall file for a 6eflJficate ef 6empliance with the Planning Depa~dnenL This coflditioflaby approved extension of time for Tentative Parcel Map No. 23335 wiD exPire one Year after the original exPiration date, unless extended as PrOvided by Ordinance 460. The exPiration date is October 4,1991. The following are the Engineering Department Conditions ef Approval for this preject, and shall be completed at ne cost to any Government Agency. All questions regarding the true meaning of the conditions shall be refe~Ted to the Engineering Deparb#enL It is understeed that the Developer correctly shown all evisting easements, traveled ways, and drainage courses, and their omission may rcquire the project to be resubmitted for fufiher consideration. 4, The Developer shall comply with the State of California Subdivision Map Act, and ail applicable City Ordinances and Resolutions. The final map shall be prepared by a licensed land surveyor or registered Civil Engifleer, subject te ail the requirements of the State ef California Subdivision MaP Act and Ordinanee No. 460. STAFFRPT~TPM23335 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 DIsMct; Riverside CountY Flood Control district; City of Temecula Firs Bureau; Planning Department; Engineering DePartment; Riverside CountY fiealth Deparlment; BATH Franchise; and CalTrsns. Prior te recordafion of the final maP, the developer shall provide evidence that ASsessment District 161 will construct the improvements on Winchester Road, in accordance with County Standard 100, Section A [110'/1343. In the event that the ASsessment District 161 will not construct the improvements, the develoPer shall be required to construct or bond for the required improvements. snmcient right-er-way along Winchester Road shall be COlffilmed to exist er conveyed for public use to PrOvide for a public street for public uso to provide for a 67 foot half width right-of-way. 9. Comer property line cut off shall be required per Biverside CountY Standard No. 805. 10. A declaration of Covenants, Conditions and BestrictJons ICC&Il's] shall be prepared by the developer and submitted to the Director of Planning, City Engineer and CitY Attorney. The CC&R's shall be signed and acknowledged by all pallJes having any record title interest in the prsperty to be developed, shall make the CitY a palty thereto, and shall be enforceable by the CitY. The CC&R's shall be reviewed and appraved by the CitY and recorded. The CC&B's shall be subject to the following conditions: a. 11ts CC&R's shall be prepared at the developer's sole cost and expense. The CC&R's shall be in the form and content approved by the Director of Planning, City Engineer and the CitY Attorney, and shall include such previsions as are required bY this approval and as said officials deem necessary to protect the interest of the CitY and Its residents. The CC&B'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 Atloruey. They shall be recorded conculTent with the final map. A recorded copy' shall be provided to the CitY. STAFFRPT~TPM23335 d. The RC&B's shall provide for the effecflve establishmenL operation, management, use, repair and maintenance of all common areas and facilifles~ The CC&R's shall provide that the properly shall be developed, operated and maintained so as not to create a public nuisance. The CC&R's shall provide that fi the properly is not maintained in the condthon required by the CC&ii's, then the City, after malting due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the RR&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 premptJy reimbursed. L Reciprocal access easements and maintenance agreements ensuring access ta all parcels and joint maintenance of all roads, drives or parldng areas shall be PrOvided by CC&R's or by deeds and shall be recorded concurrent with the map er Prior ta the issuance of building permit where no map is involved. 11. CountY Boad Condition Number 14 shall be deleted. 12. Prior to recordafion of the final maP, the develoPer shall dePOSit with the Engineering Depallment a cash sum as established, Per lot, as miflgafiofl towards traffic signal imPact~ Should the developer choose to defer the time of payment of t]-affic signal mifigafion fee, be may enter into a written agreement with the CitY deferring said payment to the time of issuance of a building permiL 13. The developer shall record an Envirenmental Const]aint Sheet delineaflng the area within the lOO-year floodPlain. PBIOR TO ISSUANCE OF GRADING PERMITS: A flood miflgafion charge shall be paid. Tile charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new developmeflL The charge is payable to the Rood Control District prior to issuance of permits. If the full A~ea Drainage Plan fee or miflgafion charge bas already credited to this proPerly, no new charge needs to be paid. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 15. Construct tho street improvements including but net limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, Parkway trees and street lights on all interior public sUeet~ 16. 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 miflgaflon as required under the EIR/Negaflve Declaration for the project, in the amount in effect at the STAFFRP'~TPM23335 12 time ef 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 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 te the preject in the amount of such fees] and specifically waives its right to protest such increase. 'h"Jne.na_ Hn~fi _nn ItnninP_.p. tin_n PRIOR TO BECORDATION OFTHE ANAL MAP: A signing and stflPing Plan shall be designed by a registered Civil Engineer and approved by CalTrans and the City Engineer for Winchester Road and Ynez Road, and shall be Included in the street improvement plant 18. Prior to designing any of the abeve plans, contact CalTrans and City Transpoflatien Engineering for the design reequirements. PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS: 19. A constrdCfion area tramc control plan shall be designed bY a registered Civil Engineer and appreved by the City Engineer for any street closure and detour or other disrepfion te tramc circulation as required by the City Engineer. PRIOR TO THE iSSUANCE OF OCCUPANCY PERMITS: 20. All signing and striping shall be installed per the approved signing and striping plan. 21. All Conditions ef APProval stated in the County Road Department letter dated June 23,1988 shall still apply to this project. STAFFRPT~TPM23335 13