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HomeMy WebLinkAbout91_095 PC ResolutionTE-VTM23125 RESOLUTION NO. 91-095 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF THE FIRST EXTENSION OF TIME FOR VESTING TENTATIVE TRACT MAP 23125 A 215 RESIDENTIAL SUBDIVISION ON 88.4 ACRES LOCATED ON THE NORTHEAST CORNER OF DE PORTOLA ROAD AND BUTTERFIELD STAGE ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 926-330-004 AND 926-070-020. WHEREAS, Sterling Builders, 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 October 7, 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 approved said Time Extension. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: ~ECTION 1. ~. 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 S~STAFFRPT~23125A.VTM 2O TE-VTM23125 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 podion 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. S\STAFFRPT~23125A.VTM 21 TE-VTM23125 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 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) Thera 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 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, cimulation patterns, access, and density, due to the fact that; adequate area is provided for all proposed residential structures; adequate landscaping is provided along the project's public and private frontages; and the internal circulation plan should not create traffic conflicts as design S\STAFFRPT~23125A,VTM 22 TE-VTM23125 e) f) g) h) provisions are 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. Vesting Tentative Tract Map No. 23125 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. 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, and also consistent with the adopted Southwest Area Community Plan (SWAP) designation. 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 currently proposes two independent access points from De Portola Road which has been determined to be adequate by the City Engineer. S\STAFFRPT~2.3125A.VTM 23 TE-VTM23125 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 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 Environmental Impact Report No. 263) still applies to said Tract Map (Extension of Time). That the City of Temecula Planning Commission hereby approves The First Extension of Time for Vesting Tentative Tract Map No. 23125 for a 215 residential subdivision on 88.4 acres located on the northeast corner of De Portola Road and Butterfield Stage Road and known as Assessor's Parcel No. 926-330-004 and 926-070- 020 subject to the following conditions: A. Exhibit A, attached hereto. PASSED, APPROVED AND ADOPTED this 7th day of October 1991. G~'ry Thornhill Planning Director S\STAFFRPT~2.3125A.VTM 24 TE-VTM23125 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 7th day of October 1991 by the following vote of the Commission: AYES: 4 NOES: 1 ABSENT: 0 PLANNING COMMISSIONERS PLANNING COMMISSIONERS PLANNING COMMISSIONERS Blair, Chiniaeff, Fahey, and Ford Chairman Hoagland None S\STAFFRPT~23125A.VTM 25 EXHIBIT A CITY OF TEMECULA ADDITIONAL CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 23125 Commission Approval Date: October 7, 1991 Expiration Date: October 7, 1993 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 park land dedication requirement shall be a predetermined amount based on the use and number of units proposed. If the park land requirement cannot be met, the applicant shall be required to pay a predetermined Quimby Act Fee in the amount equal to the fair market value of the required park land acreage (Plus 20% for offsite improvements). 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. 23125 will expire one (1) year after the original expiration date, unless extended as provided by Ordinance 460. The expiration date is October 20, 1991. The subdivider shall comply with the original Conditions of Approval for Tentative Tract Map No. 23125 (see attached) except as amended herein. 6. Prior to recordation, Change of Zone No. 17 shall be effective. S\STAFFRPT~2.3125A.VTM 26 The applicant shall comply with the California Department of Fish and Game (Streambed Alteration Agreement 5-381-90) recommendations outlined in the transmittal dated August 18, 1990, a copy of which is attached. The applicant shall comply with the Los Angeles District, Corps of Engineers recommendations outlined in the transmittal dated February 8, 1991, a copy of which is attached. Engineering Depadment 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. The developer shall comply with all previous Conditions of Approval except as amended by the following conditions. 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. 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 Department; Riverside County Health Department; CATV Franchise; Parks and Recreation Department; and Temecula Community Services District. 10. 11. IN S'~STAFFRPT~2.3125A.VTM 27 12. 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. 13. 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 ISSUANCE OF GRADING PERMITS: 14. 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. 15. 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. PRIOR TO BUILDING PERMIT: 16. 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. 17. 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. 18. 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. The fee to be paid shall be 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. Concurrently, with executing this Agreement, developer shall post a bond to secure payment of the Public Facility fee. The amount of the bond shall be $2.00 per square foot, not to exceed $10,000. 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). By execution of this Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; ~ that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. S\STAFFRPT~23125A.VTM 28 PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 19. If construction of improvements are phased and completed prior to development occurring on adjacent properties, a 28' wide secondary access road shall be provided within a recorded private road easement as approved by the City Engineer. 20. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Transpodation Engineering PRIOR TO RECORDATION OF THE FINAL MAP: 21. A signing plan shall be designed by a Registered Civil Engineer and approved by the City Engineer for all internal streets with 66' of right-of-way or less and shall be shown on the street improvement plans. 22. Condition No. 32 of the Riverside County Road letter dated June 28, 1988, shall be deleted. Temecula Community. Service District (TCSD) Department 23. The exterior (perimeter) slopes proposed in the Tract Map No. 23125 may be dedicated to the TCSD by way of an irrevocable offer to dedicate for landscape maintenance purposes, upon compliance to existing standards as approved by the TCSD, and upon completion of the application process. 24. The Parkland Dedication Requirement (Quimby) is 2.75 acres of improved parkland to be dedicated to the TCSD prior to issuance of 63rd Building Permit. 25. Approximately 12 acres of undeveloped open space contiguous with the proposed park site identified as Lot "C" and approximately 2.6 acres of wetland identified as Lot "B" shall be dedicated to the TCSD upon completion of required improvements, and prior to the issuance of the 63rd Building Permit. 26. All interior slopes including Lot "D" shall be maintained by an HOA. 27. The exterior slope maintenance areas proposed to be maintained by the TCSD shall be properly identified on the final map. 28. Riverside County Condition Nos. 18, d and e shall be replaced by the following condition: All non-arterial slopes shall be maintained by the established homeowners association for the subject tract (Vesting Tentative Tract Map No. 23125). S\STAFFRPT"23125A.VTM 29 ~o ¥~11 v~d yo~- rl~h~ to 3rbicr~tic.n. I~ :¢ recommended ~h~ you ::nc~'r~nce, ~therv~e, c~ange~ !hall vot,t o,~ · 270 i~ re~mir"~d f.:r ~he ~mpac~ c.: the ~a~erc~.~-~e ~fa~ bisects Davxd P. _'rake [nvtt'cnmen~ai ~GI~w~FI,d~IT ~GA~DINI) PROPOSED STI~M CI~ LAKE ~L1":RATION ~5,)~, !~93.5, 55~0, 5~2, 59~7 and .~.~ may re~ul~ in Fi'.h and Game :=l=i'..' '..?,st .'.ha ,3perat.:r t'. r.re¢!u.Sed ."r:a 5.:.lng -.,,,Nar ?..~zvttl~.-., .*~ .'..he vtthin a ri~rimn an~ sandy vm*h habitat, f:ll .:.6 ~ ~mml~ r:par~n ~rea and :ieic.-i~'.e.d ,:w In ~he ~l~n.- .*nd/or :!,-~vln,:~.- *.,.~i:.m~=r..ed l:.y .'.}',e CF.,er'.:::', ~c';~e.~ utah ~anl:~¢'~ Jack E~cn. ~i~e ~!or~ and t.:e .:f ~io~e~ ~hall ~ =~. ."ill :lope. e along r~he uemtern ~.~*-r:=e~er .>f Tract 23125, L.=~ 1, shall o. .:,e Op..r~tor shall t,Yom~t .:.: the rer.-ar.:r~en'~ f,:r reviav and lK. prcvml, pr{:r So ~n~tiation o~' proJ~t a~t[v[t[et, .m del.mi[ed ~ian~.in~ pmie~be For :a~nter, anc~ pi.an f.:.r :h* mztl.;at;.:n ~r~ :?~ ;'~ll :ni,~ a m~n:=,~ .:~ ZO% t,~.'~vsl .after ~ fir*t yesr'~ .)rcvth and i00% for year9 ~uo cht:,Jgh five. f.sr sr.y c:It occurr~ d,~ng ~ha revegesatl:,n er in !ubseq,Jent ::rre.cslve 3PEC]Z~ 8I~E AT FLANTI!!O HEIGHT PLANTING CENT'S..8 i year*- ~ year~ Arr~7~ ~/llav p) ) ft I0 f~ 15 ft L gallon 20 ft 5 ft 9 f~ 5 gallon 22.5 ft ? ft l~ ft 15 gallon 25 f~ 10 ft IB f~ gall.:n · 7 ft 12 ft gallon · 9 fB 15 ft gallon · 13 f~ 20 ft TF.e ,'perstor .-hsll ~'Jbm~t to the ~e~rc.:en~ .;:r rev:eu --nd =_pprovai vxth:n ~nnu-.il7 r~heres£r..~r ~.h~:lU~h year f~ve. ?. .--ne Ope. rs~or sh~ll reccr.~ a .:gn=.erv~tz.:n e-.-.emenr. :n L;~ :, :n the name ~r:=e~er .:,~ Lc~ I. ~roof-:.f records:att.~n th~il l:e p:-av~:ied :.:. plan: removal program dur:ng ~.he mm:ntenanoe t:rogr.'-m. g. .m'..e Operator *~l~ll ,:omply u~th all litter end pollution laws. All shall ~e the re~oon~.~blitv of Bhe Operator r.o insure ~.he~r :omplianoe. 10. ~:,) e~u~omen: =a~nbenance t~ll ~e ,~ne ,:han~el or lake mara~n where ~trole~ ~roducts or o~her ~llu~ants ~rom ~h~ e~u~oment ~a¥ enter ~he~e areas ,~der any Il, .'i:e :eoar~ent re:erve~ the rioht ~o enter t. he cro.)e¢:.::te st ~nv ~l,~a Oe~r'~oen~ reserves ~he rioht to ~us~nd an~/or revoke ~h~ the Deo~rc~ent deter~ne~ ~F~ :h4 c:r:'~ances warrant. :he. foll.:vxna: ~ar~e:en~/No:~icat::n is de:cfm:ned by :he ~eo~r~:en~ ~o k~ ~er:~:¢::ndx~icns of :his A.~reemen~. cond:~,;n~ ~ec~:n,m Fish ~nd ui/~li~e reeo,~ces c~nae. 13. ~qe Or, e-tabor shall orovide a coov of thia Aareement bo all contractors, subcontracta~ra, and the O~erator'e Dro. Je~ au~ervtaora. ~4)oiea o~ ~he aareement s~ll ~ ~adily available a~ york mi~e~ a~ all ti~m d~i~ or enfcrcemen~ ~reo~el f~m anot~r aaencv u~n demand. F~sh ~nd ~}ame Au~u.~= i~. lg90 Office of the Chief Regulatory Branch DEPARTMENT OF THE ARMY February 8, 1991 Sterling Builders c/oRANPAC Corp. ATTN: John R. Easton 27447 Enterprise Circle West Temecula, California 92390 RE: File Number 91-201-MJ Gentlemen: This is in reply to your application dated June 29, 1991 for a Department of the Army Permit to place 20,000 c.y. of fill material in 0.56 acre of waters of the United states, of which 0.15 acre of wetland habitat. As mitigation, 0.3 acre of wetland habitat will be created on-site. The project is located in the streambed of an unnamed tributary of Temecula Creek, approximately 6000' west-norl:hwest of State Highway 79 bridge crossing over Temecula Creek, in the city and county of Riverside, California. Regulations for our permit program, published in the Federal Register, include Part 330 - Nationwide Permits (see the enclosure). The Corps of Engineers has determined that your proposed activity complies with the terms and conditions of the nationwide permit at Part 330.5(a)(26) for discharges of dredged or fill material into waters of the United States, including wetlands, that are located above the headwaters or are isolated waters and which would cause loss or substantial adverse modification of less than one acre of such waters. As long as you comply with the nationwide permit conditions described in Part 330.5(b) and submit mitigation site reports to the Corps every year for the next three years after mitigation has been completed, an individual permit is not required. This letter of verification is valid until the nationwide permit is modified, reissued, or revoked. All the nationwide permits are scheduled to be modified, reissued or revoked prior to 13 January 1992. It is incumbent upon you to remain informed of changes to the nationwide permits. We will issue a public notice announcing the changes when they occur. Furthermore, if you commence or are under contract to commence this activity before the date the nationwide permit is modified or revoked, you will have twelve months from the date of the modification or revocation to -2- complete the activity under the present terms and conditions of this nationwide permit. A nationwide permit does not grant any property rights or exclusive privileges. Also, it does not authorize any injury to the property or rights of others or authorize interference wi~h any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain other Federal, state, or local authorizations required by law. If you have any questions please contact Mik~ Jewel1 of my staff at (213) 894-5606. Sincerely, Diane K. Node ~o ~ Acting Chief, Southern Section Enclosure INTElq-DEPARTMENTAL KF.~ORANDUM ~O~IITY OF RIv~SIDp- Road and Survey Department Nay 11, 1988 Lee Johnson, Principal Engineering Technician MAY 1 19,88 PLANNING DEPARTMENT Edwin Studor, Transportation Planner RE: Tentative Tract 23125 (Sterling Ranch) - Traflic Study We have reviewed the Ttalfic Study for Tentative Tract 23125, and generally agree with the analysis relative to traEfic and circulation. ·aaed upon our review mi this proposal, it is recommended the following considerations be given in developing conditions o£ approval for this project. The project proponent shall participate in the Tr&ffic Signal Mitigation Program as approved by the Board of Supervisors. Butteriield Stage Road and De Portola Road, adjacent to the project, should be improved to an arterial highway (ll0' £oot right-si-way). A 1S0. foot lelt turn pocket should be provide~ for traffic on Butterfield ~;e Road and De Portola desiring to turn le£t into each ptolect entrance. ES:A.E::19 cc: Planning Department Subdivision file March 8, 1988 ~' ,/"_~ RIVERS;DE COUNTY PLANNING DEPAFITMENT Officer*: Start T. Mills PhlllJp L. For~ N~au L ~omu D~T ~ ~raU~s D~r d ~.~ - D~ ~ ~u~ ud Riverside County Planning Department 4080 Lemon Street, 9th Floor Riverside, California 92501-3657 Subject: Water Availability Reference: Vesting Tract 23125 Gentlemen: Please be advised that ~he above-referenced property is located within the boundaries of Rancho California Water District. Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. Water availability would be contingent upon the property owner signing an Agency Agreement which assigns water management rights, if any, to RCWD. Sites for additional water production facilities may be required within the proposed development depending upon T/~e level of increased demand created by the proposal. If RCWD can be of further service to you, please contact this office. Ver~ truly yours, RANCHO CALIFORNIA WATER DISTRICT ssnga P. Dohe~cy Engineering Services Representative F011/dpt84 RANCHO CALIFORNIA WATER DISTRICT 28061 DIAZ ROAD · POST OFFICE BOX 1T4 · TEMECULA, CA 92390~174 · (T14) 676-4101 · FAX (714) $76-0615