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Home My WebLink About00-024 CC ResolutionRESOLUTION NO. 2000-24 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA FOR PLANNING APPLICATION NO. PA99-0243 FOR TENTATIVE TRACT NO. 29286 FOR THE SUBDIVISION OF 9.75 ACRES INTO 38 RESIDENTIAL LOTS FOR THE PROPERTY LOCATED ON THE EAST SIDE OF MARGARITA ROAD AT THE NORTHERN CITY LIMIT AND KNOWN AS ASSESSOR'S PARCEL NUMBER 911-640-003. WHEREAS, Lennar Communities filed Planning Application No. PA99-0243 (Tentative Tract Map No. 29286) in accordance with the City of Temecula General Plan, Development Code and City's Subdivision Ordinance, which the City has adopted by reference; WHEREAS, Planning Application No. PA99-0243 (Tentative Tract Map No. 29286) was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, notice of the proposed Resolution was posted at City Hall, Temecula Library, Pujol Street Community Center, and the Temecula Valley Chamber of Commerce; and, WHEREAS, the Planning Commission considered Planning Application No. PA99-0243 (Tentative Tract Map No. 29286) on December 8, 1999, at 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 or opposition to this matter; WHEREAS, at the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended approval of Planning Application No. PA99-0243 (Tentative Tract Map No. 29286); WHEREAS, the City Council conducted a public hearing pertaining to Planning Application No. PA99-0243 (Tentative Tract Map No. 29286) on March 28, 2000, at 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 or opposition to this matter; WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding Planning Application No. PA99-0243 (Tentative Tract Map No. 29286); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section I. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findings. That the Temecula City Council, in approving Planning Application No. PA99-0243 (Tentative Tract Map No. 29286) hereby makes the following findings as required in Section 16.09.140 of the City of Temecula Subdivision Ordinance. A. The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, General Plan, any applicable specific plan and the City of Temecula Municipal Code. The project is compatible with the existing R:Resos 2000-24 General Plan Land Use Designation and zoning standards of Low Medium Density Residential. Tentative Tract Map No. 29286 proposes thirty eight (38) residential lots which comply with the minimum average net lot size requirement of 7,200 square feet and the unit density of 3-6 units per acre. 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 their agricultural use. The subject site is not part of the California Land Conservation Act of 1965 or any conservation contract. All proposed parcels are for residential home sites and comply with the Low Medium (LM) Density standards and requirements of the Development Code and General Plan. The site is physically suitable for the type and proposed density of development proposed by the tentative map. The project is compatible with the existing General Plan Land Use Designation and zoning standards of Low Medium Density Residential. Tentative Tract Map No. 29286 proposes thirty eight (38) residential lots which comply with the minimum average net lot size requirement of 7,200 square feet and the unit density of 3-6 units per acre. The proposed subdivision is being developed below the General Plan and Development Code target density of 4.5 dwelling units per acre, with a density of 3.9 dwelling unit per acre. Thus, the subject site is suitable to accommodate the proposed density. D. The design of the subdivision and the proposed improvements, with conditions of approval, are either: a. Not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat; or b. An environmental impact report has been prepared and a finding has been made, pursuant to Public Resources Code Section 21081 (a) (3), finding that specific economic, social, or other considerations make infeasible mitigation measures or project alternatives identified in the environmental impact report; An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Mitigation Monitoring Program and the Conditions of Approval that have been added to the project. Therefore, a Mitigated Negative Declaration will be adopted. The design of the proposed land division or the type of improvements is not likely to cause serious public health problems. The project has been reviewed for conformance with the City's General Plan, Development Code and Subdivision Ordinance. The project proposes one street access from Margarita Road that is restricted to right-in, right-out only. The project is consistent with these documents and conditions of approval have been placed on the project accordingly to assure that the development conforms to City Standards. Therefore, serious public health problems are not likely to occur as a result of the proposed subdivision. R:Resos 2000-24 2 The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. The future single family homes will have roofs that can accommodate solar panels to permit future passive or natural heating or cooling opportunities. 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 project will take direct access from Margarita Road and will not obstruct any easements. The subdivision is consistent with the City's parkland dedication requirements (Quimby). The project is conditioned to satisfy the City's parkland dedication requirement through the payment of an in-lieu fee equivalent to the dedication of .49 acres of land. The fee shall be calculated by multiplying the required amount of parkland by the City's then current appraised land valuation as established by the City Manager, Section 3. Environmental Compliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Conditions of Approval have been added to the project, and a Mitigated Negative Declaration, therefore, is hereby adopted. Section 4. Conditions. That the City of Temecula City Council hereby conditionally approves Planning Application No. PA99-0243 (Tentative Tract Map No. 29286) for the subdivision of a 9.75 acres into 38 residential parcels located on the east side of Margarita Road at the northern City limit and known as Assessor's Parcel Number 911-640-003, subject to the project specific conditions set forth on Exhibit A, attached hereto, and incorporated herein by this reference, A. All lots of Tentative Tract Map 29286 shall have language recorded on the Department of Real Estate Report (White Report) which states the following: "Date Street has been designated as a major roadway on the General Plan and is expected to connect State Highway 79 at Murrieta Hot Springs Road with an interchange on Interstate 15." B. An acoustical analysis shall be required prior to the issuance of the building permit to ensure compliance with extedor and interior residential noise levels contained in the General Plan residential noise standards R:Resos 2000-24 3 Section 5. PASSED, APPROVED AND ADOPTED, this 28th day of March 2000. ATTEST: "~/J~ef~re~ayor STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC/AAE, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 2000-24 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 28th day of March, 2000 by the following roll call vote: AYES: 5 COUNCILMEMBERS: Comerchero, Naggar, Pratt, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Stone san W MC/AAE ty Clerk R:Resos 2000-24 4