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HomeMy WebLinkAbout91_035 PC ResolutionRESOLUTION NO. 91-035 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING A FIRST EXTENSION OF TIME FOR VESTING TENTATIVE TRACT MAP NO. 23142 TO SUBDIVIDE A SIX ACRE PARCEL INTO 20 SINGLE FAMILY RESIDENTIAL LOTS LOCATED ON BONNY ROAD NORTH OF ZINFANDEL AVENUE AND KNOWN AS ASSESSOR'S PARCEL NO. 946-060-004 WHEREAS, Costa Construction, Inc. filed a time extension request for Vesting Tentative Tract Map No. 23142 in accordance with the Riverside County Land · Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Tentative Tract Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Extension of Time for Vesting Tentative Tract Map on May 6, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Planning Commission Hearing, the Commission approved said Extension of Time for Vesting Tentative Tract No. 23142; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTIQN .1., Findings, 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. Staffrpt\VTM23142\m b 7 (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 land use or action 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. SWAP and Government The proposed Tentative Tract Map is consistent with the meets the requirements set forth in Section 65360 of the 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 Vesting Tentative Tract Map No. 23142 will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. Staffrpt\VTM23142\m b (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 7.1 of County Ordinance No. 460, no subdivision may be approved unless the following findings are made: a) That the proposed land division is consistent with applicable general and specific plans. b) That the design or improvement of the proposed land division is consistent with applicable general and specific plans. c) That the site of the proposed land division is physically suitable for the type of development. d) That the site of the proposed land division is physically suitable for the proposed density of the development. e) That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. f) That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. g) That the design of the proposed land division or 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 land division. A land division may be approved if it is found that alternate easements for access or for use will be provided and that Staffrpt\VTM23142\mb 9 they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. (2) The Planning Commission in approving the Extension of Time for Vesting Tentative Tract Map 23142, makes the following findings, to wit: The proposed density is consistent with the Southwest Area Plan land use designation. The proposed density of 3.3 units per acre is within range of the SWAP designation of 2-4 units per acre. Vesting Tentative Tract 23142 is compatible with the surrounding zoning and adjacent existing land uses. Adequate public street access will be provided to every lot. The legal owner of record has offered to make all required dedications. Staff finds that site access will be adequate. A second means of access is not required for subdivisions of 35 lots or less. There is a reasonable probability that the project will be consistent with the City's General Plan once adopted, in that the proposed density is consistent with the Southwest Area Plan land use designation, and the revised map is compatible with surrounding zoning, existing land uses in the vicinity, and approved subdivisions. It is unlikely that the proposed revised tentative map will constitute a substantial detriment to the future General Plan if the proposed subdivision is ultimately inconsistent with the plan. Surrounding zoning, existing land uses, and approved subdivisions are all residential. StaffrpflVTM23142\mb 10 The project will not have a significant adverse affect on the environment. The County of Riverside Board of Supervisors adopted a Negative Declaration in conjunction with the approval of Vesting Tentative Tract 23142. The site is physically suitable for the type and density of the development proposed. The proposed project makes adequate provision for future passive or natural solar heating opportunities in that all proposed pamels have adequate southern exposure. 10. The project meets the requirements of Ordinance 348 and 460 in that all lots conform to the minimum size and dimension requirements of the zoning code and abut upon dedicated street. 11. The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the health, safety, and welfare. 12. These findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein associated by reference. E. As conditioned pursuant to SECTION 3, the Tentative Tract Map is compatible with the health, safety and welfare of the community. That the City of Temecula Planning Commission hereby approves a First Extension of Time for Vesting Tentative Tract Map No. 23142 for the subdivision of a 6 acre parcel into 20 single family residential lots located on Bonny Road north of Zinfandel Avenue and known as Assessor's Parcel No. 946-060-004 subject to the following conditions: A. Exhibit A, attached hereto. Staffrpt\VTM23142\mb 11 SECTION 3. PASSED, APPROVED AND ADOPTED this 6th day of May 1991. DENNIS CI~I NI~F~ CHAIRMAN 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 6th day of May 1991 by the following vote of the Commission: AYES: NOES: ABSENT: 4 PLANNING COMMISSIONERS Blair, Ford, Hoagland, & Chiniaeff 1 PLANNING COMMISSIONERS Fahey 0 PLANNING COMMISSIONERS None Staffrpt\VTM23142\mb 12 CITY OF TEMECULA CONDITIONS OF APPROVAL Tentative Tract Map No. 23142 Project Description: To create 20 lots on a R acre site Assessor's Parcel No..' ~ Prior to recordation, the subdivider shall satisfy the requirements of the Quimby Act by payment of fees and/or contribution of land or shall provide an agreement approved by the City Council providing for payment of fees and/or contribution of land. 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 the 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 the Developer. The developer understands that said agreement may require the payment of fees in excess of those now estimat'ed (assuming benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. The first extension of time for Vesting Tentative Tract Map No. 23142 shall expire one year from the expiration of the original approval unless extended as provided by Ordinance 460. The expiration date shall be October 25, 1991. Lot 21 shall be combined with Lot 20 to form one (1) lot, and Lot 22 shall be combined with Lot 1 to form one (1) lot. The slope areas are to be maintained by the individual lot owners. Enoin~.erin~ 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. 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. Staffrpt\VTM23142\mb 11 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. PRIOR TO RECORDATION OF THE FINAL MAP: 7. 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 Department; Riverside County Health Department; CATV Franchise; CalTrans; and Parks and Recreation Department. The following perimeter landscaped parkways are required to be annexed into the landscape maintenance districts: Lots 21 and 22. 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, sidewalks, drive approaches, street lights, signing, striping, and other traffic control devices as appropriate. b. Sewer and domestic water systems. 10. 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. 11. A minimum centerline street grade shall be 0.50 percent. Staffrpt\VTM23142\mb 12 12. The subdivider shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. 13. Developer shall repair and replace any and all damage to adjacent properties along the southerly tract boundary due to erosion and runoff as determined by the City Engineer. All work shall be complete within 45 days of this approval. 14. Developer shall have in place a bond for grading, erosion control and landscaping for slope protection. Any existing bonds shall be continued in force by the developer until acceptance of all improvements by the City Engineer. 15. 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: 16. 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: 17. A precise g.rading 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. 18. The existing brow ditch and energy dissipation along the southerly tract boundary shall be relocated out of lots 40, 41 and 42 of adjacent Tract No. 20879, and onto the developer's property. The brow ditch shall be extended to connect with the existing drainage structure along the northeasterly tract boundary. All reconstruction of the brow ditch and associated grading shall be as approved by the City Engineer. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 19. Construct full street improvements including, but not limited to drainage and erosion control, curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights, including the extension of Bonny Road to Zinfandel Avenue. Staffrpt\VTM23142\mb 13 Transportation Engineering PRIOR TO RECORDATION: 20. A signing plan shall be designed by a registered Civil Engineer and approved by the City Engineer for Bonny Road and shall be included with the street improvement plans. 21. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 22. All signing shall be installed per the approved signing plan. Staffrpt\VTM23142\mb 14 ADDITIONAL CONDITIONS OF APPROVAL PRIOR TO RECORDATION OF THE FINAL MAP' Costa Group shall continue to comply with all conditions of their original grading permit. 2. Costa Group shall have complied with all bonding requirements for Tract 23142. Costa Group shall initiate exploratory work to determine extent of damage within city right-of-way and adjacent properties. Costa Group shall initiate clean up and continue maintenance of all erosion control and drainage devices related to Tract 23142 and protection of all downstream properties. An iron grate shall be firmly installed in place over the existing inlet structure at the end of the brow ditch adjacent to the City right-of-way as directed by the City Engineer. Costa Group shall repair all damage to Mr. Brownell's garage wall and electrical box to homeowner's satisfaction. Costa Group shall repair rear yard damage to the Davis and O'Malley properties, as well as relocate the existing brow ditch onto Tract 23142 and connect it to an adjacent ditch on Marlborough Development's property. Costa Group shall execute new agreement for grading, erosion control and landscaping with the City of Temecula. Costa Group shall landscape the slope at the rear of the Hubert property as directed by the City Engineer and will repair and install a sufficient irrigation system to maintain the landscaping per the original conditions of approval of Tract 20879. 10. Costa Group shall relocate the existing drainage swale within the Hubert property along Merlot Court closer to the existing City right-of-way in conformance with applicable City Ordinance. 11. Costa Group shall complete repair and restoration of all damaged facilities and improvements within the public right-of-way and adjacent properties, as deemed necessary and approved by the City Engineer. Staffrpt\VTM23142\mb