Loading...
HomeMy WebLinkAboutResolution - 2743 STATE OF CALIFORNIA ) RESOLUTION NO. 2743 COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 32376, A 337 LOT RESIDENTIAL SUBDIVISION FOR THE WESTERN VILLAGE PUD TO BE LOCATED ON THE NORTH SIDE OF THE RAMONA EXPRESSWAY ON BOTH SIDES OF THE EXTENSION OF SAN JACINTO AVENUE WHEREAS, Silverstone Development Co., Inc. filed an application for Tentative Tract Map No 32376 to create a 339 lot residential Planned Unit Development ("applicant") on a 96.8 acre site comprising property located north of the Ramona Expressway along the extension of San Jacinto Avenue; and WHEREAS, as a result of the Planning Commission review and public hearing, the number of lots was subsequently reduced to 337 lots; and WHEREAS, the map also includes lettered lots for two parks, two pocket parks, other open space, a detention basin, and a flood control channel; and WHEREAS, the property affected by the Application is located within the R- 1 zoning district to which the PUD will be applied; and WHEREAS, the Application was reviewed, studied, and found to comply with the California Environmental Quality Act ("CEQA") as more fully described below; and WHEREAS, on March 24, 2005 the Planning Commission conducted a duly noticed public hearing on the Application, at which time all persons wishing to testify in connection with the Application were heard and the Application was comprehensively reviewed and recommended for approval; and WHEREAS, on May 5, 2005, the City Council conducted a duly noticed public hearing on the Application, at which time all persons wishing to testify in connection with the Application were heard and the Application was comprehensively reviewed, and the matter was continued to May 19, 2005; and WHEREAS, all other legal prerequisites to the adoption of this resolution have occurred. lftw Page ] of 8 NOW, THEREFORE, BE IT RESOLVED, ordered and determined by the w City Council of the City of San Jacinto: SECTION 1. Based on the entire record before the City Council, and all written and oral evidence presented to the City Council, and the findings set forth in this Resolution, the City Council approves Tentative Tract Map No. 32376 as depicted in Exhibit "A", subject to the conditions of approval in Exhibit „B., SECTION 2. Pursuant to California Government Code Section 66410 et seq, based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds as follows: A. The proposed subdivision is designed, to the extent feasible, to provide for passive or natural heating and cooling opportunities because the lot size and orientation does not preclude roof orientation for solar applications or passive applications such as eave design and landscaping used for structural shade. B. The proposed subdivision and the provisions for its design and improvement are consistent with the General Plan for the City of 1%W San Jacinto ("General Plan"), because the proposed land use designation of the site is R-1 and will be developed as a PUD to provide a mix of housing choices as encouraged by the General Plan. C. The subject site is physically suitable for the type and density of development proposed by the tentative tract as determined with the approval of the authorizing Planned Unit Development. D. The subdivision design and type of improvements proposed are not likely to cause substantial environmental damage nor substantially injure fish or wildlife or their habitat because a mitigated Negative Declaration has been approved which includes mitigation measures and a mitigation monitoring and reporting program which reduces potential impacts to a level of insignificance. E. The subdivision design and type of improvements are not likely to cause serious public health problems because all development and public improvements will be performed per the requirements of all applicable standards and codes, including the zoning and building codes. Page 2 of 8 F. The subdivision design and type of improvements proposed will not conflict with easements acquired by the public at large for access through or use of the subject site as dedications for such purposes will be required as part of the conditions of approval. G. The discharge of wastewater from the proposed development into an existing sewer will not cause a violation of existing requirements prescribed by the local water quality control board because units will be required to obtain connection permits before occupancy. SECTION 3. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds the subdivision and improvements proposed are not subject to the provisions of Section 66412.3 of the Government Code as it pertains to meeting its regional housing needs as the proposed project is part of the Western Village PUD which will provide a range of housing types and prices. SECTION 4. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds the nature and extent of the dedications, reservations, impact fees, and other exactions are reasonably related to public needs and roughly proportional to the impacts created by the subdivision and improvements proposed based on studies conducted prior to adopting the development fees. SECTION 5.An environmental analysis has been conducted that has determined that, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent and other effects will be mitigated to a level of less than significant impact. Therefore, a Mitigated Negative Declaration and its associated Mitigation Monitoring and Reporting Flan are hereby adopted. SECTION 6. The location and custodian of the documents and any other material which constitutes the record of proceedings upon which the City Council based its decision is as follows: Community Development Director, City of San Jacinto, Planning Department, 248 East Main Street, San Jacinto, CA 92683, (909) 487-7330 r.. Page 3of8 SECTION 7. Effective Date. This Resolution shall become effective upon its adoption. APPROVED, PASSED, and ADOPTED, at a regular meeting of the City Council on the 19th day of May 2005, by the following vote: Ayes: Ayres, Ritchie, Shaw, Stubblefield, Carlson Buydos Nays: None Absent: None Abstain: None City of San Jacinto by Chris Carlson Buydos, Mayor TTEST: 4'J 11"ard orothy L. ouinard, City Clerk v Page 4 of 8 EXHIBIT "A" r.. LEGAL DESCRIPTION FOR TENTATIVE TRACT MAP 32376 That real property located in the City of San Jacinto and partly located in the unincorporated territory of the County of Riverside, State of California, described as follows: Being portions of Lots 100, 101, 104, 107 and 112 of the Lands of the San Jacinto Land Association filed in Book 8, Page 357 of Maps, together with the Northwest rectangular one-half of Wood Lot "E" and Wood Lot "F", both in portions of the Southwest Quarter of Section 23, Township 4 South, Range 1 West, San Bernardino Meridian as shown on a Partition Map of the Rancho San Jacinto Viejo made under decree of the Superior Court of the State of California, dated November 22, 1882 in Case No 227, all Records of San Diego County, California. Page 5 of 8 EXHIBIT "B" CONDITIONS OF APPROVAL FOR TENTATIVE TRACT NO. 30598 1. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of the City's Subdivision and Zoning Ordinance. 2. This project shall comply with the conditions of approval of the City Engineer's memo dated February 4, 2005. 3. This project shall comply with the conditions of approval of the Fire Department dated December 27, 2004. 4. This project shall comply with the requirements of the EMWD letter dated June 8, 2004. 5. This project shall comply with the conditions of the Riverside County Flood Control and Water Conservation District letter dated January 19, 2005 G. This project shall comply with the recommendations of the Riverside Transit Agency letter dated January 3, 2005. 7. The project shall comply with the development standards of Article 813 of the zoning ordinance (PUD ordinance) except as approved by variance File No. 1-05. 8. The project shall comply with all applicable provisions and mitigation measures of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. 9. The applicant shall agree to indemnify, hold harmless, and defend the City, its officers, agents and employees, from any and all liability or claims that may be brought against the City arising out of its approval of this tentative map, save and except that caused by City's active negligence. 10. The developer shall pay school fees as required by State law to help mitigate the effects of this subdivision on the San Jacinto Unified School District. 11 . Tentative Tract 32376 shall be incorporated into Lighting, Landscape and Park Maintenance District Not. 12. Prior to Final Map approval, the developer/applicant shall prepare CC&R's for City review and approval. The CC&R's shall include a Page 6 of 8 provision allowing the increase of fees to ensure continued �.. maintenance of all common and public areas in the event any assessment district is reduced or eliminated, and the City shall be a party to the CC&R's. 13. Grading of the subject property shall be in accordance with the approved Tentative Tract map, the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. 14, Prior to issuance of any permits, the location of perimeter walls in relation to slopes, and their maintenance shall be resolved. 15. Prior to issuance of Grading Permits the developer shall submit three (3) copies of a comprehensive grading plan. The plan shall be drawn on 24" X 36" Mylar by a registered civil engineer. 16. Prior to issuance of a grading permit, written permission for any off-site grading shall be obtained from the adjacent property owner. 17. A grading permit shall be obtained from the City of San Jacinto prior to the commencement of any grading outside of the City- maintained road right-of-way. 18. Grading and public improvements shall be installed in accordance with city standards and specifications and the approved Specific Plan. 19. During construction and grading, the site shall be watered to control dust. Additionally, regularly sweeping and cleanup of adjacent streets shall be undertaken. All mud and dirt shall be removed from construction equipment and vehicles prior to leaving the site. 20. Construction and grading activities shall be limited to the hours between 7:00 a.m. and 7:00 p.m., Monday through Saturday, except on legal holidays when construction and grading shall also be prohibited. All construction equipment is properly mufflered, and/or surrounded by noise attenuating barriers. 21 . Prior to issuance of Building Permits, the developer shall receive written clearance from the San Jacinto Unified School District. �- 22. Prior to issuance of Building Permits, the appropriate Flood Page 7 of 8 Control Improvement fees shall be paid. 23. Prior to issuance of a Building Permit, all applicable development fees due at that time and effective at the time of issuance shall be paid. 24. Prior to the issuance of a building permit, the developer shall submit landscape and irrigation plans. Landscaping improvements shall be installed prior to the issuance of a Certificate of Occupancy. 25. All existing and new utilities adjacent to and on site shall be located underground as per Ordinance 820. 26. The applicant shall contact the San Jacinto Post Office to determine the appropriate type and location of mailboxes. 27. Prior to issuance Certificate of Occupancy, entry monumentation and parkway landscape treatments shall be installed and approved by the Planning Department. 28. Prior to issuance of Certificate of Occupancy, all utility substructures shall be located and/or screened with landscaping materials so as to minimize visibility from public right-of-way. 29. Prior to issuance of Certificate of Occupancy, contact the Building Department and/or the Fire Department for information pertaining to addressing site and/or lots. 30. Prior to final inspection for occupancy, all applicable development fees due at that time and effective at the time shall be paid. 31. Per Riverside County Flood Control and Water Conservation District letter dated March 9, 2005: "Any work that involves District right of way, easements or facilities will require an encroachment permit from the District. Prior to issuance of an encroachment permit, the applicant must provide the District with written documentation from applicable jurisdiction confirming compliance with the MSHCP, a copy of all applicable CEQA documents and a copy of all regulatory permits. The written document must specifically confirm compliance with applicable provisions of the MSHCP including , but not limited to Sections 6.1.2, 6.1.3, 6.1.4, 6.3 In addition, confirmation of compliance with applicable Area Plan Criteria of the MSHCP Conservation Area (Section 3.0) is required if the project is located within a Criteria Area/Cell. All applicable CEQA and MSHCP documents and regulatory permits must address the construction, operation and maintenance of the 11"W storm drain facility." Page 8of8