HomeMy WebLinkAbout91_039 PC ResolutionRESOLUTION NO. 91-039
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PARCEL MAP NO.
26625 TO SUBDIVIDE A 10.4 ACRE PARCEL INTO 14
PARCELS AT THE NORTHEASTERLY CORNER OF
BUSINESS PARK DRIVE AND RANCHO WAY AND
KNOWN AS ASSESSOR'S PARCEL NOS. 921-020-062
AND 063.
WHEREAS, Hawthorne Development filed Parcel Map No. 26625 in
accordance with the Riverside County Land Use, Zoning, Planning and Subdivision
Ordinances, which the City has adopted by reference;
WHEREAS, said Parcel Map application was processed in the time and
manner prescribed by State and local law;
WHEREAS, the Planning Commission considered said Parcel 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 Commission hearing, the Commission
approval of said Parcel Map;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
~ECTION .1. F_~. 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:
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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.
C. The proposed Pamel Map 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 Parcel Map
No. 26625 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 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
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.
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(2) The Planning Commission in recommending approval
of the proposed Tentative Parcel Map, makes the following findings, to wit:
a)
The proposed Parcel Map will not have a
significant negative impact on the environment,
as determined in the previously adopted
Negative Declaration for the project.
b)
There is a reasonable probability that this
project will be consistent with the General Plan
being prepared at this time.
c)
There is not a likely probability of substantial
detriment to, or interference with, the future
adopted General Plan, if the proposed use is
ultimately inconsistent with the plan, due to the
fact that the proposed project is consistent with
SWAP, as well as Ordinances Nos. 348 and
460.
d)
The proposed use complies with State Planning
. and Zoning Law. The project conforms to the
current zoning for the site and to Ordinance
460, Schedule E.
e)
The site is suitable to accommodate the
proposed land use in terms of the size and
shape of the lot configurations, access, and
density.
f)
The design of the subdivision or the proposed
improvements are not likely to cause substantial
environmental damage or substantial and
avoidable injury to fish or wildlife or their habitat.
g)
The design of the subdivision is consistent with
the State Map Act in regard to future passive
energy control opportunities.
h)
All lots have acceptable access to existing and
proposed dedicated right-of-ways which are
open to, and are useable by, vehicular traffic.
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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 project.
J)
The lawful conditions stated in the project's
Conditions of Approval are deemed necessary
to protect the public health, safety, and general
welfare.
k)
That said findings are supported by minutes,
maps, exhibits, and environmental documents
associated with these applications and herein
incorporated by reference.
E. As conditioned pursuant to SECTION 3, the Pamel Map
proposed is compatible with the health, safety and welfare of the
community.
SECTION ~ Environmental Compliance.
That the City of Temecula Planning Commission hereby determines that
the previous environmental determination (Adoption of Negative Declaration for Plot Plan
No. 11756) still applies to said parcel.
That the City of Temecula Planning Commission hereby approves Parcel
Map No. 11756 for the subdivision of a 10.4 acre pamel into 13 parcels located at the
northeasterly corner of Business Park Drive and Rancho Way and known as Assessor's
Parcel Nos. 921-020-062 and 063 subject to the following conditions:
A. Exhibit A, attached hereto.
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SECTION 4.
PASSED, APPROVED AND ADOPTED this 6th day of May 1991.
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:
5 PLANNING COMMISSIONERS Blair, Fahey, Ford, Hoagland, and
Chairman Chiniaeff
0 PLANNING COMMISSIONERS None
0 PLANNING COMMISSIONERS None
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CITY OF TEMECULA
CONDITIONS OF APPROVAL
Parcel Map No: 26625
Project Description: To create 13 parcels on the
site of an approved commercial industrial plot
plan.
Assessor's Parcel No.: - -
The tentative subdivision shall comply with the State of California Subdivision Map
Act and to all the requirements of Ordinance 460, Schedule E, 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.
This conditionally approved tentative map will expire two years after the approval
date, unless extended as provided by Ordinance 460. The expiration date is May
6, 1993.
3. Any delinquent property taxes shall be paid prior to recordation of the final map.
The applicant shall comply with the environmental health recommendations
outlined in the County Health Department's transmittal dated April 18, 1991, a copy
of which is attached.
5. Lots created by this subdivision shall comply with the following:
Lots created by this subdivision shall be in conformance with the
development standards of the Manufacturing-Service Commercial zone.
The developer shall be responsible for maintenance and upkeep of all slopes,
landscaped areas and irrigation systems until such time as those operations are
the responsibilities of other parties as approved by the Planning Director.
Prior to recordation of the final map, an Environmental Constraints Sheet (ECS)
shall be prepared in conjunction with the final map to delineate identified
environmental concerns and shall be permanently filed with the office of the City
Engineer. A copy of the ECS shall be transmitted to the Planning Department for
review and approval. The approved ECS shall be forwarded with copies of the
recorded final map to the Planning Department and the Department of Building
and Safety.
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10.
11.
12.
The following note shall be placed on the Environmental Constraints Sheet: "This
property is located within thirty (30) miles of Mount Palomar Observatory. All
proposed outdoor lighting systems shall comply with the California Institute of
Technology, Palomar Observatory Outdoor Lighting Policy as outlined in the
Southwest Area Plan.
Prior to the issuance of OCCUPANCY PERMITS the following conditions shall be
satisfied:
All landscaping and irrigation shall be installed in accordance with approved
plans prior to the issuance of occupancy permits. If seasonal conditions do
not permit planting, interim landscaping and erosion control measures shall
be utilized as approved by the Planning Director and the Director of Building
and Safety.
All landscaping and irrigation shall be installed in accordance with approved
plans and shall be verified by City field inspection.
The subdivider shall defend, indemnify, and hold harmless the City of Temecula,
its agents, officer, and employees from any claim, action, or proceeding against
the City of Temecula or its agents, officer, or employees to attach, set aside, void,
or annul an approval of the City of Temecula, its advisory agencies, appeal boards
or legislative body concerning Parcel Map No. 22625, which action is brought
within the time period provided for in California Government Code Section
66499.37. The City of Temecula will promptly notify the subdivider of any such
claim, action, or proceeding against the City of Temecula and will cooperate fully in
the defense. If the City fails to promptly notify the subdivider of any such claim,
action, or proceeding or fails to cooperate fully in the defense, the subdivider shall
not, thereafter, be responsible to defend, indemnify, or hold harmless the City of
Temecula.
All utilities, except electrical lines rated 33ky or greater, shall be installed
underground, with easements provided as required.
No lot or unit in the development shall be sold unless a corporation, association,
property owner's group, or similar entity has been formed with the right to assess
all properties individually owned or jointly owned which have any rights or interest
in the use of the common areas and common facilities in the development, such
assessment power to be sufficient to meet the expenses of such entity, and with
authority to control, and the duty to maintain, all of said mutually available features
of the development. Such entity shall operate under recorded CC&R's which shall
include compulsory membership of all owners of lots and/or dwelling units and
flexibility of assessments to meet changing costs of maintenance, repairs, and
services. Recorded CC&R's shall permit enforcement by the City of Provisions
required by the City as Conditions of Approval. The developer shall submit
evidence of compliance with this requirement to, and receive approval of, the City
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prior to making any such sale. This condition shall not apply to land dedicated to
the City for public purposes.
13.
Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling
unit or lot, either (1) an undivided interest in the common areas and facilities, or (2)
as share in the corporation, or voting membership in an association, owning the
common areas and facilities.
Fngineerin_a 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.
14.
The Developer shall comply with the State of California Subdivision Map Act, and
all applicable City Ordinances and Resolutions.
15.
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.
16.
This project shall be subject to fulfillment of the approved amended conditions of
underlying Plot Plan No. 11756.
PRIOR TO RECORDATION OF THE FINAL MAP:
17.
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 Department;
Riverside County Health Department;
CATV Franchise;
Parks and Recreation Department.
18.
An easement for joint use driveways and parking shall be provided prior to
approval of the Final Map. Said easement shall also provide for public Utilities and
emergency vehicle access.
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19.
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 CC&R'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:
a. The 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
provisions as are required by this approval and as said officials deem
necessary to protect the interest of the City and its residents.
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 shell be provided to the City.
The CC&R's shall provide for the effective establishment, operation,
management, use, repair and maintenance of all common areas and
facilities.
The CC&R's shall provide that the property shall be developed, operated
and maintained so as not to create a public nuisance.
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.
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 property owner'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.
iii.
Reciprocal access easements and maintenance agreements
ensuring access to all parcels and joint maintenance of all roads,
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drives or parking areas shall be provided by CC&R's or by deeds and
shall be recorded concurrent with the map or prior to the issuance of
building permit where no map is involved.
20.
A Notice of Intention to form and/or join the Landscape and Lighting District shall
be filed with the City Council. The engineering costs involved in District
information shall be borne by the developer.
21.
The street design and improvement concept of this project shall be coordinated
with adjoining developments, per the conditions of approval of underlying Plot Plan
No. 11756, as amended by City Council on August 14, 1990.
22.
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. If such impact
fee has been paid by underlying Plot Plan No. 11756, no additional fee will be
required.
23.
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:
24. 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 ISSUANCE OF CERTIFICATES OF OCCUPANCY:
25.
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 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 to the project in the amount of such fees) and specifically
waives its right to protest such increase.
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COUNTY OF RIVERSIDE
DEPARTMENT OF HEALTH
406,5 COUNTY CIRCLE DR, RIVER$16E, CA, 9~50~ (Mlilin~ Address - P.O. Box 7600 9~§t3-7600)
ATTN: Scott Wrxght:
RE: PARCEL MAP NO. 25625: BEING A DIVISION OF PARCELS 5
AND 6, LOT "C' (l'barrxer stFlp) AND PORTIONS OF LOTS "A"
(Busxness Park Drive) AND "B" (Rancho Way) OF PARCEL MAP
19S80 AS SHOWN BY MAP ON FILE IN BOOK 154 OF PARCEL MAPS AT
PAGES 92-96 THEREOF, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA
IN THE TEMECULA RANCHO.
.wc~a:th ~,e;~a. rLmen~ . Perm~nea't ~i'[nt5 ,=,f the plans of the
w&t.~,: ~vstem 5hal] b~ ,3ubmltted ~n LFiDIlCA~e. w~th a
9=:e of the main at the ]unction of the new ~vstem to the
wtr7, Div. ~ , F'a~t 1. Chapter 7 of the California Health and
'.~iafe~v Code. Cal~fo.-n[a Adm]n[strar. lve Code. Tit ~.e 22.
Chapter 16. and GeneTal tl, rd~c No. i03 c,f the F~./bilc
[3t~!lt~e~ Commxg~on of the :~ta~e
~ngineer and water c:DmDany w~h the following
,:er~ lfication: "[ certify the% the ~e~l,~n of ?,he wife:"
City of Temecuia
F'age Two
Attn: Scott Wright
April 1~, [991
be submitted t,D Tie f.7.~TtD.~y. '~%~.~Y~Y,2C"~ ')fficp
the f.~ .map.
Water [~l~trlct a~fee~ng to serve domestic water to each and
'Fhl~ ~ubdlvi~icn l~. war, him the ~a~%ern Munlclmal
~'-t~'~, ~,-~. . , The ~ewec ~vstem shall be installed ~cc~rdin~. ,.,n_
a r, ort=on of the ~waqe Dlan~ and profiles. The olan~
Amril 18, !99!
7'he plan.?
to, ra,~K~w ~t .le~s.t t~:,. !-~e~.$ pK~or ti,. ~.h,~. r~ue~ for the
r~cc, r~atior~ O[ the .f~nal maD,.
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