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HomeMy WebLinkAboutResolution - 2744 STATE OF CALIFORNIA ) RESOLUTION NO. 2744 ,,` 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. 32582, A 192 LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION TO BE LOCATED BETWEEN ALESSANDRO AVENUE AND VERNON STREET, NORTH OF CYPRESS AVENUE WHEREAS, the J. D. Pierce Company ("applicant') filed an application for Tentative Tract Map No 32582 to create a 192 lot single family detached residential subdivision on a 48.86 acre site comprising property located between Alessandro Avenue And Vernon Street, north of Cypress Avenue; and WHEREAS, the map also includes lettered lots for two parks, a paseo, other open space, and a detention basin; and WHEREAS, the property affected by this Application is located within an area pre-zoned by the City in 1991 as R-1; and WHEREAS, the property lies within an area designated as the Alessandro Neighborhood and a change to the R-2 zone has been requested to take advantage of provisions of the Alessandro Neighborhood development standards; and WHEREAS, this project lies within unincorporated territory, and no approval will be effective until and unless the property is annexed to the City; 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 April 28, 2005 the Planning Commission of the City of San Jacinto held a duly noticed public hearing on the Application and recommended City Council approval of Tentative Tract No_ 32582; and WHEREAS, on May 19, 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 rr.. Page t of 8 WHEREAS, all other legal prerequisites to the adoption of this resolution have occurred. NOW, THEREFORE, BE IT RESOLVED, ordered and determined by the 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. 32582 as described in Exhibit "A", subject to the conditions of approval in Exhibit I.g" 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 r.. 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, which encourages a mix of housing choices. 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 insignificanre. 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 N%OW 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 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 Plan are recommended. 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 SECTION 7. Effective Date. This Resolution shall become effective upon its adoption. Page 3 of 8 APPROVED, PASSED, and ADOPTED, at a regular meeting of the City Council on the 191h 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 Ca on Buydos, Mayor TTEST: /v�/ t] rothy L. C uinard, City Clerk Page 4of8 r.. EXHIBIT "A" LEGAL DESCRIPTION FOR TENTATIVE TRACT NO. 32582 All that real property located in the unincorporated territory of the County of Riverside, State of California, described as follows: Parcel 1: The North Half of Farm Lot 92 of Lands of the San Jacinto Land Association, as shown by map on file in Book 8, Page 357 of Maps, Records of San Diego County, California. Parcel 2: Lots 1 through 10 of S. J. Meads Subdivision of the South-Half of Farm Lot 92 of Lands of the San Jacinto Land Association, as shown by map on file in Book 1, Page 40 of Maps, Records of San Diego County, California. Parcel 3: The North Half of Lot 88 of Lands of the San Jacinto Land Association, as shown by map on file in Book 8, Page 357 of Maps, Records of San Diego County, California; Excepting therefrom the West 30 feet as conveyed to the County of Riverside for a right of way for public highway and public utility purposes, be Deed recorded October 31 , 1939 in Book 435, page 572 of Official Records of Riverside County. Parcel 4: Farm Lot 90 of Lands of the San Jacinto Land Association, as shown by map on file in Book 8, Page 357 of Maps, Records of San Diego County, California. Excepting therefrom a strip of land 30 feet in width for street purposes over the North side and East side thereof, as conveyed to the City of San Jacinto by Deed recorded March 2, 1894, in Book 11, page 158 of Deeds, Records of Riverside County. Page 5of8 EXHIBIT "B" CONDITIONS OF APPROVAL FOR TENTATIVE TRACT NO. 32582 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 January City Engineer's memorandum dated January 4, 2005 3 This project shall comply with the Riverside County Flood Control District memorandum dated January 19, 2005 4. This project shall comply with the Fire Department memorandum dated November 24, 2004, 5. The project shall comply with the development standards of Article 4.04, Residential Development Standards for the Alessandro, Heritage and �- Ramona Neighborhoods. 6 The project shall comply with the development standards of Article 4.06, standards and design criteria for Development plans. 7 The project shall comply with all applicable provisions and mitigation measures of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. 8 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. 9 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. 10 Tentative Tract 32582 shall be incorporated into Lighting, Landscape and Park Maintenance District No.2. 11 Prior to Final Map approval, the developerlapplicant shall prepare CC&R's for City review and approval. The CC&R's shall include a 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 Page 6 of 8 City shall be a party to the CC&R's. 12 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. 13 Prior to issuance of any permits, the location of perimeter walls in relation to slopes, and their maintenance shall be resolved. 14 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. 15 Prior to issuance of a grading permit, written permission for any off-site grading shall be obtained from the adjacent property owner. 16 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. 17 Grading and public improvements shall be installed in accordance with city standards and specifications and the approved Specific Plan. 18 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. 19 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. 20 Prior to issuance of Building Permits, the developer shall receive written certification of compliance from the San Jacinto Unified School District. 21 Prior to issuance of Building Permits, the appropriate Flood Control Improvement fees shall be paid. 22 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. 23 Prior to the issuance of a building permit, the developer shall submit landscape and irrigation plans for the individual lots. Landscape improvements for the individual lots shall be installed prior to the issuance of a Certificate of Occupancy. Page 7of8 Nftw 24 All existing and new utilities adjacent to and on site shall be located underground as per Ordinance 820. 25 The applicant shall contact the San Jacinto Post Office to determine the appropriate type and location of mailboxes. 26 Prior to issuance Certificate of Occupancy, entry monumentation and parkway landscape treatments shall be installed and approved by the Planning Department. 27 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. 28 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. 29. Prior to final inspection for occupancy, all applicable development fees due at that time and effective at the time shall be paid. 140W NOW Page 8 of 8