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09-74 Resolution No. 09-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE APPROVING TENTATIVE PARCEL MAP #2008-024 (COUNTY OF RIVERSIDE MAP #36171) Whereas, in January 29, 2009, the applicant, Jerry Voukelatos for Olive Tree Properties, Inc., filed a formal application with the City of Menifee for Tentative Parcel Map#2008-024 (County of Riverside Map#36171) to subdivide the 4.43 net acre lot into three parcels to accommodate one each of the three commercial buildings that make up the Encanto Mixed Use project ; and Whereas, on April 21, 2009, the City Council held a duly noticed public hearing on Tentative Parcel Map#2008-024, considered public testimony and materials in the staff report and accompanying documents, which hearing was publicly noticed by a publication in the newspaper of general,circulation, an agenda posting, and notice to property owners within 1,000 feet of the project site boundaries; and Whereas, on April 21, 2009, the City Council made the following findings for Tentative Parcel Map#2008-024: 1. The proposed parcel map is exempt from environmental review, per section 15315 of the California Environmental Quality Act Guidelines, regarding minor land divisions, in that the proposal consists of the division of property in an urbanized area zoned for commercial use into four or fewer parcels and the division is: (a) In conformance with the general plan; (b) In conformance with the zoning; (c) Does not require any variances or exceptions; (d) Has all services and access to the proposed parcels available to local standards; (e) Was not involved in a division of a larger parcel within the previous two years; and (f) Does not have an average slope greater than 20 percent; and 2. The related County of Riverside-approved Plot Plan #22517 received approval of a Mitigated Negative Declaration on September 8, 2008, which analyzed and mitigated all potential environmental impacts from the development of the subject Encanto Mixed Use project; and 3. The tentative parcel map is consistent with the General Plan Land Use Map and applicable General Plan objectives, policies, and programs; and 4. The tentative parcel map is compatible with or provides adequate buffering of adjoining uses, in that the properties to the north and south are commercially zoned and the areas to the east are single-family homes; and 5. The tentative parcel map would not be detrimental to the public welfare or injurious to property or improvements in the neighborhood. Resolution No. 09-74 Approval of Tentative Parcel Map #2008-024 (County Map#36171) NOW, THEREFORE, the City Council of the City of Menifee resolves and orders as follows: 1. The Findings set out above are true and correct. 2. Tentative Parcel Map#2008-024 is hereby approved and is subject to the Conditions of Approval in Exhibit "A" to this resolution. PASSED, APPROVED AND ADOPTED this 21St day of April, 2009, by the following vote: AYES: / / NOES:vel ABSENT:OUALU ABSTAIN:vY1.1 rJ---, Wallace W. dgerton, Mcvr Attest: A&M04-1 Kathy Bennett, City Clerk Resolution No. 09-74 Approval of Tentative Parcel Map#2008-024 (County Map#36171) EXHIBIT "A" CONDITIONS OF APPROVAL -STANDARD General 1. Zoning Compliance. The project shall conform to the Scenic Highway Commercial (C-P-S)zoning regulations, and as subsequently amended. (Standard County condition, 10.Planning) 2. Approved Plans. The project shall be developed in substantial conformance with the plans, colors, and materials.approved by the Riverside County Planning Director on September 8, 2008, and as amended by these conditions. Any deviation shall require the appropriate Planning Department review and approval in advance of implementation. (Standard County condition, 10.Planning) 3. County Approved Conditions. The County approved conditions of approval for Plot Plan #22517, adopted on September 8, 2008, shall remain in full force and effect for the project site. 4. Signs Not Approved. Other than signage approved by the Riverside County Planning Director on September 8, 2008 as part of Plot Plan#22517, signage is not a part of this approval. A comprehensive sign program shall be submitted for Planning Department review and approval prior to the installation of any business signs at the project site. (Menifee standard condition) 5. Phasing. Any Phasing Plan shall be reviewed and approved by the Planning Department in advance of such phasing. (Menifee standard condition) 6. Building Official. The proposed project shall adhere to all requirements of the Building Official. Construction drawings shall be in compliance with the 2007 California Building Code, or as subsequently updated by the State Building Standards Commission. Water, gas, sewer, electrical transformers, power vaults and separate fire/water supply lines (if applicable) must be shown on the final set of construction plans pursuant to the requirements of the Building Official. (Standard County condition, 10.Planning) 6. Fire Marshal. The proposed project shall adhere to all requirements of the Fire Marshall. Fire hydrants shall be located on the project site pursuant to the Building Official. The applicant shall submit a fire access and fire underground plan prior to construction drawings, if required. (Standard County condition, 10.Planning) 7. Truck and Construction Related Activities. Truck and construction-related activities shall be restricted to between the hours of 7:00 a.m. and 7:00 p.m. Monday-Saturday (excluding federal and state holidays). Exceptions to these standards may be allowed only with written consent of the Building Official per City Ordinance. (Standard County condition, 10.Planning) Resolution No. 09-74 Approval of Tentative Parcel Map#2008-024 (County Map #36171) 8. Indemnification. The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and County and any agency or instrumentality thereof, and/or any of its officers, employees and agents (collectively the "City and County") from any and all claims, actions, demands, and liabilities arising or alleged to arise as the result of the applicant's performance or failure to perform under this Tentative Parcel Map or Plot Plan #22517 or the City's and County's approval thereof, or from any proceedings against or brought against the City or County, or any agency or instrumentality thereof, or any of their officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an action by the City or County, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning Tentative Parcel Map#2008-024 and Plot Plan #22517. (Standard County condition, 10.Planning) 9. Payment of Future Fees. The City of Menifee is a new City incorporated on October 1, 2008; the City is studying and adopting its own processing and development impact fee structure. In the future the City of Menifee will identify and put in place various processing fees to cover the reasonable cost of the services provided. The City also will identify and fund mitigation measures under CEQA through development impact fees. Such fees may include, but are not limited to, processing fees for the costs of providing planning services when development entitlement applications are submitted, which fees are designed to cover the full cost of such services, and development impact fees to mitigate the impact of the development on public improvements. The developer acknowledges it is on notice of the development and future imposition of such fees and understands that such fees will apply at the levels in effect at the time the service is provided or prior to the issuance of building permit fees, except as otherwise provided. To the extent that Menifee may develop future financing districts to cover the costs of maintenance of improvements constructed by development, the developer agrees to petition for formation of, annexation to, or inclusion in, any such financing district and to pay the cost of such formation, annexation or inclusion. Prior to Approval of the Final Parcel Map 10. Notice of Project Restrictions. The property owner shall record a "Notice of Project Restrictions" for each parcel in the official records of the County of Riverside and provide proof of such recordation to the City prior to issuance of any building permit. The Notice of Project Restrictions shall provide a description of the subject property, shall identify the Planning Application name and number and any accompanying subdivision or parcel map, including book and page and recorded document number, if any, and be signed and notarized by each property owner of record and shall state the following: "This Notice of Project Restrictions is for the purpose of informing interested persons of the fact that development approvals have been given by the City of Menifee regarding the herein described property and that such approvals are conditioned upon compliance with certain restrictions that run with the land and are binding upon subsequent owners of the property. For more Resolution No. 09-74 Approval of Tentative Parcel Map#2008-024 (County Map #36171) information about the restrictions applicable to this property, contact the Planning Department of the City of Menifee regarding Tentative Parcel Map #2008-024, commonly referred to as Encanto Mixed Use development." For purposes of determining the record owner of the property, the applicant shall provide the City with evidence in the form of a report from a title insurance company indicating that the record owner(s) are the person(s) who have signed the Notice of Project Restrictions. (Menifee standard condition) 11. Conditions, Covenants and Restrictions. The property owner/developer shall submit and receive approval from the City of the Conditions, Covenants and Restrictions for the parcel map. Said approved CC&Rs shall be recorded on the property as part of the Final Map. 12. Community Service Area 152. The property owner/developer shall annex to CSA 152, the countywide street sweeping entity.