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Home My WebLink About07-079 CC Resolution D D D RESOLUTION NO. 07-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN TO CONSTRUCT A THREE-STORY, 608,934 SQUARE FOOT INDUSTRIAL DISTRIBUTION BUILDING ON AN APPROXIMATE 32-ACRE SITE GENERALLY LOCATED AT THE NORTHWEST CORNER OF DENDY PARKWAY AND WINCHESTER ROAD, AND A MINOR EXCEPTION TO ALLOW FOR A ONE PERCENT BUILDING HEIGHT INCREASE FROM 50' TO 50'8" (APN 909-370-018 AND 909-370-032) PLANNING APPLICATIONS NO. PA06-0369 AND,PA07-0090 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 Applications No. PA06-0369 and PA07-0090 that consists of a Development Plan with a Minor Exception to construct a three-story, 608,934 square foot industrial distribution building on an approximate 32-acre site generally located at the northwest corner of Dendy Parkway and Winchester Road, and a Minor Exception to allow for a one percent building height increase from 50' to 50'8" (APN 909-370-018 and 909-370-032) (the "Development Plan"). B. The Development Plan 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 Development Plan. D. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended that the City Council approve the Development Plan. E. On September 25, 2007, the City Council held a duly noticed public hearing on the Development Plan 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 Development Plan. R:/Resos 20071Resos 07-79 o o o F. On September 2S, 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 PARKWAY AND 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 after 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 Development Plan and Minor Exception hereby finds, determines and declares that: Develooment Plan (Develooment Code Section 17.0S.010.F) A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other ordinances of the City; The project is consistent with the General Plan and the Development Code because the project has been designed in a manner that it is consistent with the applicable policies and standards for light industrial development. The proposed industrial use is permitted in the land use designation standards contained in the General Plan and Development Code. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the California Environmental Quality Act (CEQA), the Citywide Design Guidelines, ~nd fire and building codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The overall design of the project, including site design, building height, setbacks, parking, circulation, and other associated site improvements is intended to protect the health and safety of those working in and around the site. The project is consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed, and function in a manner consistent with the public health, safety, and welfare. R:/Resos 2007/Resos 07-79 2 o o o l~'~ '.""" Soecial Use Reaulations and Standards. Increase in Floor Area Ratio (Develooment Code Section 17.08.050.A.2) A. The project includes a use which provides outstanding and exceptional benefits to the City with respect to the employment, fiscal, social and economic needs of the community; The project provides exceptional fiscal and economical benefits to the City in that Professional Hospital Supply (PHS) is a major employer within the City, as well as a large generator of sales tax revenue. PHS has experienced substantial growth and their continued growth and expansion within the City will help to meet the fiscal and economic needs of the community. The proposed expansion site requires a four percent floor area ratio increase for a state of the arl distribution facility and office headquarlers large enough to accommodate future growth of PHS operations. Minor Exceotion (Develooment Code Section 17.03.060.0) A. There are practical difficulties or unnecessary hardships created by strict application of the code due to the physical characteristics of the site; There are practical difficulties related to the building construction and architecture that make it difficult to meet the development standards for the Light Industrial (L1) zone without the Minor Exception. In order to provide an appropriate ceiling height for each of the office floors and visually screen roof top equipment the comice along the office porlion of the building must be 50'8" in height, thus requiring a one percent building height increase to meet the development standards of the LI zone. Without the granting of the Minor Exception the building would not meet the current standards, which poses a practical difficulty and unnecessary hardship. B. The Minor Exception does not grant special privileges which are not otherwise available to surrounding properties and will not be detrimental to the public welfare or the property of other persons located in the vicinity; The Minor Exception does not grant special privileges which are not otherwise available to surrounding properlies because the exception is consistent with Development Code, which allows for up to a 15 percent deviation from the LI development standard. The request for the Minor Exception allows for the one percent height increase of 8" and special privileges have not been granted which are not otherwise available by meeting the findings within the Development Code. The granting of this exception will not be detrimental to the public welfare or property of other persons within the vicinity as the height increase is only for the office porlion of the building, which is only 14 percent of the entire building footprint. R:lResos 20071Resos 07-79 3 o o o 'jp C. The Minor Exception places suitable conditions on the property to protect surrounding properties and does not permit uses which are not otherwise allowed in the zone; The Minor Exception to increase the building height places suitable conditions on the property to protect surrounding properties. The proposed project is for an industrial building, which is permitted in the Light Industrial zone. The Minor Exception will allow a one percent height increase, which will not allow for uses which are not otherwise allowed in the zone. Section 3. ADDroval. The City Council hereby approves Planning Applications No. PA06-0369 and PA07-0900 consisting of a Development Plan with a Minor Exception to construct a three-story, 608,934 square foot industrial distribution building on an approximate 32-acre site generally located at the northwest corner of Dendy Parkway and Winchester Road, and a Minor Exception to allow for a one percent building height increase from 50' to 50'8" (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: tJ [SEAL] R:/Resos 2007/Resos 07-79 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. 07-76 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 ABSENT: 0 COUNCIL MEMBERS: None COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None R:/Resos 2007/Resos 07-79 5 W. Jones, MMC City Clerk