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Home My WebLink About14-053 CC ResolutionRESOLUTION NO. 14-53 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA12-0133, TENTATIVE TRACT MAP 36479 TO SUBDIVIDE 73 GROSS ACRES INTO 83 LOTS AND ASSOCIATED OPEN SPACE LOCATED AT THE SOUTHEAST CORNER OF VIA LOBO AND NICOLAS ROAD (APNS 919-350-017, 018, 019, 020) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On July 12, 2012, Mr. Lenny Dunn filed Planning Application Nos. PA12- 0131, General Plan Amendment; PA12-0132, Zone Change to a PDO; PA12-0133, Tentative Tract Map 36479; and PA12-0134, Home Product Review application in a manner in accord with the City of Temecula General Plan and Development Code. B. On May 21, 2014, the Planning Commission recommended approval of ' Planning Application Nos. PA12-0131, General Plan Amendment; PA12-0132, Zone Change to a PDO; PA12-0133, Tentative Tract Map 36479; and PA12-0134, Home Product Review. C. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. D. A Mitigated Negative Declaration was prepared for the Project in accordance with the California Environmental Quality Act and California Environmental Quality Act Guidelines (CEQA) and circulated for public review from April 21, 2014 to May 20, 2014 for a 30 -day public review. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590. E. On May 21, 2014, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the Project and any comments received prior to or at the public hearing on May 21, 2014, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the Project and the Mitigated Negative Declaration. F. Following consideration of the entire record before it at the public hearing ' and due consideration of the proposed Project the Planning Commission recommended that the City Council adopt the Mitigated Negative Declaration prepared for the Project. Resos 14-53 1 G. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Project, the Planning Commission recommended that the City Council approve the Project including Planning Application Nos. PA12-0131, General Plan Amendment; PA12-0132, Zone Change to a PDO; PA12-0133, Tentative Tract Map 36479; and PA12-0134, Home Product Review in a manner in accord with the City of Temecula General Plan and Development Code. H. On August 12, 2014, the City Council of the City of Temecula considered the Project and the Mitigated Negative Declaration, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the Mitigated Negative Declaration prior to and at the public hearing. I. Following the public hearing, the Council adopted Resolution No. 14-52 adopting the Mitigated Negative Declaration and Mitigation Monitoring Program. J. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving Tentative Tract Map 36479 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, the Subdivision Ordinance, and the City of Temecula Municipal Code; 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. The 83 -lot subdivision of a 73 gross acre site will result in a density of 1.13 units per acre, which is within the allowable density range of 0.5 to 2.9 units per acre consistent with a PDO based on L -Low Density Standards. B. The Tentative Map does not propose to divide land, which is the subject to a contract entered into pursuant to the California Land Conservation Act of 1965; The proposed property has not been used as agricultural land and has never been entered into any Williamson Act contracts. 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 type and proposed density of development proposed by the Tentative Map. The Initial Study and special reports prepared ' for the project indicate that there will not be any significant impacts to the environment. Resos 14-53 2 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 unavoidably injure fish or wildlife or their habitat; The design of the subdivision and the proposed improvements, with Conditions of Approval, will not likely cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat, because the Initial Study and associated mitigation outlined in the special reports prepared for the project have been incorporated into the Conditions of Approval and a Mitigated Negative Declaration and Mitigation Monitoring Program. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems; The design of the subdivision and the type of improvements are not likely to cause serious public health problems because the proposed development is consistent with all applicable building, development and fire codes, which include provisions to safeguard public health, and will be further reviewed and inspected by City staff for compliance with all applicable building, development and fire codes prior to issuance of any grading, building, or occupancy permits. F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; ' The design of the subdivision provides for future passive or natural heating or cooling opportunities. The project has been designed to ensure that all setbacks have been met and that light and air access is available to the extent possible. In addition, the construction will be required to conform to all state energy efficiency codes as well. 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; The design of the subdivision and the type of improvements have been considered in the design of the subdivision, and will not conflict with existing or future easements acquired by the public at large for access through or use of property within the proposed subdivision. All required easements and dedication are required as Conditions of Approval. H. The subdivision is consistent with the City's parkland dedication requirements (Quimby); The subdivision is consistent with the City's parkland dedication requirements (Quimby), because payment of Quimby fees will be required prior to issuance of ' a building permit. Resos 14-53 3 Section 3. The City Council hereby approves Planning Application no. PA12- ' 0133, Tentative Tract Map 36479, to subdivide 73 gross acres into 83 lots and associated open space located at the southeast corner of Via Lobo and Nicolas Road (APNs 919-350-017, 018, 019, 020) Section 4. The City Clerk shall certify to the adoption of the Resolution and it shall become effective upon its adoption. Resos 14-53 4 PASSED, APPROVED, AND ADOPTED by the City Council of the City of ' Temecula this 12th day of August, 2014. (� Maryann Edwards, Mayor i ATTEST: Randi Johl-Olson, JD, MMC City Clerk [SEAL] Resos 14-53 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl-Olson, JD, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 14-53 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of August, 2014, by the following vote: AYES: 5 COUNCIL MEMBERS NOES: 0 COUNCIL MEMBERS ABSENT: 0 COUNCIL MEMBERS ABSTAIN: 0 COUNCIL MEMBERS Resos 14-53 6 Comerchero, Naggar, Roberts, Washington, Edwards None None None Randi Johl-Olson, JD, MMC City Clerk