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Home My WebLink About07-078 CC Resolution o o o RESOLUTION NO. 07-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A TENTATIVE TRACT MAP (TTM 35181) TO SUBDIVIDE AN APPROXIMATE 84- ACRE SITE INTO FIVE PARCELS, FOUR DEVELOPABLE LOTS AND ONE SLOPE AND EASEMENT PARCEL, LOCATED AT THE NORTHWEST CORNER OF DENDY PARKWAY AND WINCHESTER ROAD (APN 909-370-018 AND 909-370-032) PLANNING APPLICATION NO. PA06- 0370 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findinas. The City Council of the City of Temecula finds and determines that: A. On September 5,2007, the Planning Commission recommended that the City Council approve Planning Application No. PA06-0370 that consists of a Tentative Tract Map to subdivide an approximate 84-acre site into five parcels located at the northwest comer of Dendy Parkway and Winchester Road (APN 909-370-018 and 909- 370-032) (the "Tentative Tract Map"). B. The Tentative Tract Map was processed in the time and manner prescribed by State and local law. C. On September 5, 2007, the Planning Commission held a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support of or in opposition to the Tentative Tract Map. D. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended that the City Council approve the Tentative Tract Map. E. On September 25, 2007, the City Council held a duly noticed public hearing on the Tentative Tract Map as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to the Tentative Tract Map. F. On September 25, 2007 the City Council adopted Resolution No. 07-76 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A MITIGATED NEGATIVE DECLARATION FOR THE TEMECULA PROPERTIES LLC/PROFESSIONAL HOSPITAL SUPPLY PROJECT ON AN 84-ACRE SITE LOCATED AT THE NORTHWEST CORNER OF DENDY PARt<WAY AND R:/Resos 2007/Resos 07-78 D D o )",.w, WINCHESTER ROAD AS A FUTURE SPECIFIC PLAN AREA (APN 909-370-018 AND 909-370-032) WHICH CONSISTS OF PLANNING APPLICATIONS NO. PA07-0048, A GENERAL PLAN AMENDMENT, PA07-0220, A DEVELOPMENT AGREEMENT; PA06- 0370, A TENTATIVE MAP, AND PA06-0369 AND PA07-0090, A DEVELOPMENT PLAN WITH A MINOR EXCEPTION." G. At the conclusion of the City Council hearing and atter due consideration of the testimony and the administrative record, the City Council adopted this Resolution. H. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findinas. The City Council, in approving the Tentative Tract Map hereby finds, determines and declares that: A. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, and the City of Temecula Municipal Code; Tentative Tract Map No. 35181 is consistent with the General Plan, the Subdivision Ordinance, the Development Code, and Municipal Code because the project has been designed in a manner that is consistent with the policies and standards in the General Plan, Subdivision Ordinance, Development Code, and Municipal Code. B. The Tentative Map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain agricultural use; The subject parcels do not propose to divide land which is subject to a contract entered into pursuant to the Califomia Land Conservation Act of 1965. The subject property has not been designated for conservation or agricultural land and is not subject to the California Land Conservation Act of 1965. C. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map; The site is physically suitable for the proposed industrial development because the proposed use is consistent with the General Plan and Development Code. The proposed Tentative Tract Map (TTM 35181) meets the minimum lot size requirements contained within the Development Code, and is consistent with all of the requirements found within City of Temecula General Plan and the City of Temecula Subdivision Ordinance. The subdivision (TTM 35181) is therefore consistent with the Light Industrial zone. R/Resos 2007/Resos 07.78 2 o o o D. The design of the subdivision and the proposed improvements, with Conditions of Approval are not likely to cause significant environmental damage or . substantially and avoidably injure fish or wildlife or their habitat; The proposed project site does contain sensitive habitat. The project impacts will be mitigated to a level of insignificance based upon the identified mitigation measures and the Conditions of Approval and will not therefore cause significant environmental damage or substantially and avoidably injure fish or wildlife in their habitat. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems; The project, as conditioned by the Fire Prevention Bureau, the Public Worns Department, and the Building and Safety Department, will comply with the applicable improvement requirements designed to prevent serious public health problems. Furthermore, provisions are made in the General Plan and the Development Code to ensure that the public health, safety and welfare are safeguarded. The project is consistent with these documents. F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; Prior to any issuance of building permits for the subject subdivision, and prior to any construction, the applicant will be required to submit building plans to the City of Temecula Building Department. These plans will be required to comply with all applicable Uniform Building Codes, which also include requirements for energy conservation. Therefore, the construction plans will comply with all applicable building codes and State energy guidelines. G. The design of the subdivision and 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 subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided; The required right-of-way easements, including the future Westem Bypass and Cherry Street alignments, are included on the Tentative Tract Map (TTM 35181). The City has reviewed these easements and the design of altemate easements, and determined the type of improvements will not conflict with the easements acquired by the public at large for access through or use of property within the proposed subdivision. H. The subdivision is consistent with the City's parkland dedications requirements (Quimby); The subdivision is consistent with the dedication requirement. R:/Resos 2007/Resos 07-78 3 o o o ~, ;". " " , Section 3. Approval. The City Council hereby approves Planning Application No. PA06-0370 consisting of a Tentative Tract Map to subdivide an approximate 84- acre site into five parcels located at the northwest comer of Dendy Parkway and Winchester Road (APN 909-370-018 and 909-370-032). Section 4. Certification. The City Clerk shall certify to the adoption of this Resolution. This Resolution shall take effect upon its adoption PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 25th day of September, 2007. Washington, Mayor ATTEST: [SEAL] R:/Resos 2007/Resos 07-78 4 o o o STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 07-78 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 25th day of September, 2007, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Roberts, Washington NOES: 0 COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: None None None ABSENT: 0 ABSTAIN: 0 Susan W. Jones, MMC City Clerk R:lResos 2007/Resos 07-78 5