RESOLUTION NO xx

Transcription

1 Attachment 10 RESOLUTION NO xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORENO VALLEY, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP (PA ) FOR DEVELOPMENT OF THE 1,529,498 SQUARE FOOT PROLOGIS EUCALYPTUS INDUSTRIAL PARK PROJECT WITHIN THE 84 ACRES OF ASSESSOR S PARCEL NUMBERS , , , , AND Section 1: WHEREAS, the applicant, Prologis, has filed an application for the approval of PA or Tentative Parcel Map No to re-configure the existing five parcels located within the project site into five parcels. WHEREAS, the Planning Commission of the City of Moreno Valley held public hearings on March 13, 2014 and April 24, 2014 to consider the subject application and all of the environmental documentation prepared for the project and recommended City Council approval on April 24, 2014; and WHEREAS, on June 24, 2014, the City Council of the City of Moreno Valley held a public hearing to consider the subject application and all of the environmental documentation prepared for the project; and WHEREAS, on June 24, 2014, the City Council continued the public hearing for this project to the July 8, 2014 City Council agenda; and WHEREAS, on July 8, 2014 the City Council continued the project to the August 26, 2014 City Council agenda at the request of the applicant; and WHEREAS, on August 26, 2014, the City Council continued the project to the October 14, 2014 City Council agenda at the request of the applicant; and WHEREAS, on October 14, 2014, the City Council continued the public hearing for this project to the December 9, 2014 City Council agenda; and WHEREAS, on December 9, 2014, the City Council continued the project to the January 27, 2015 City Council agenda at the request of the applicant; and WHEREAS, on January 27, 2015, the City Council conducted a public hearing to consider the revised project application and all of the environmental documentation prepared for the project; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred; and 1

2 WHEREAS, there is hereby imposed on the subject development project certain fees, dedications, reservations and other exactions pursuant to state law and City ordinances; and WHEREAS, pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that this project is subject to certain fees, dedications, reservations and other exactions as provided herein. NOW, THEREFORE, BE IT RESOLVED, it is hereby found, determined and resolved by the City Council of the City of Moreno Valley as follows: A. This City Council hereby specifically finds that all of the facts set forth above in this Resolution are true and correct. B. Based upon substantial evidence presented to this City Council during the above-referenced meetings on June 24, 2014, July 8, 2014, August 26, 2014, October 14, 2014, December 9, 2014, and January 27, 2015, including written and oral staff reports, and the record from the public hearing, this City Council hereby specifically finds as follows: 1. Conformance with General and Specific Plans That the proposed land division is consistent with applicable general and specific plans. FACT: The proposed tentative parcel map is consistent with the existing General Plan designations (BP, BPX, R15, R5 and RA-2) of the project site as well as the proposed change to Light Industrial. The proposed parcel map will re-configure the existing five parcels located within the project site into five parcels. The proposed land division is consistent with existing goals, objectives, policies and programs of the general plan. 2. Design Conformance with General and Specific Plans That the design or improvement of the proposed land division is consistent with applicable general and specific plans. FACT: The tentative parcel map as designed and conditioned will provide improvements that are consistent with the requirements of the project site s existing General Plan land use designations (BP, BPX, R15, R5 and RA-2) as well as the proposed change to Light Industrial. 3. Physically Suitable for Proposed Development That the site of the proposed land division is physically suitable for the type of development. FACT: The project site is comprised of multiple vacant rectangular shaped parcels that are mostly flat with seasonal washes along the sites eastern and southern boundaries. The project is located on the south side of 2

3 State Route 60 and east of the Moreno Valley Auto Mall. Land uses to the north include the adjacent freeway with Office Commercial, R2 and RA-2 zoned land north of the freeway. Land uses to the east include a mix of Light Industrial and Community Commercial zoned land and RA-2 zoned land with a developed warehouse facility further to the east. Land uses to the south include vacant RA-2 zone with developed tract homes across the channel from the project site. Overall, the project site is well suited for the proposed subdivision. 4. Physically Suitable for Proposed Density That the site of the proposed land division is physically suitable for the proposed density of the development. FACT: The project site is mostly flat with seasonal washes along the sites eastern and southern boundaries. The parcel map is designed in accordance with the provisions of the City s Municipal Code. The project site is physically suitable for the subdivision. 5. Protection of Fish or Wildlife Habitat That the design of the proposed land division or the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. FACT: A Final EIR has been prepared in accordance with the provisions of the California Environmental Quality Act (CEQA), concluding that with mitigation and as conditioned and designed, the proposed subdivision would result in less than significant impacts to Fish and Wildlife resources. The project has also been determined to be consistent with the Multiple Species Habitat Conservation Plan (MSHCP). 6. Health, Safety and Welfare That the design of the proposed land division or the type of improvements are unlikely to cause serious public health problems. FACT: As conditioned, the proposed parcel map would not cause serious public health problems. The Eastern Municipal Water District will provide water and sewer services to the project site. There are no known hazardous conditions associated with the property, the design of the land division or the type of improvements. 7. Easements That the design of the land division or 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. 3

4 Section 2: FACT: The tentative parcel map has been designed to accommodate and not conflict with existing easements on the subject site including utility and storm drain easements. 8. Consistent with Applicable City Ordinances That the proposed land division and the associated design and improvements are consistent with applicable ordinances of the city. FACT: The tentative parcel map is designed in accordance with the provisions of the City s Municipal Code. 9. Passive or Natural Heating and Cooling That the design of the land division provides, to the extent feasible, for future passive or natural heating and cooling opportunities in the subdivision. FACT: The design of this parcel map, to the extent feasible, allows solar access for passive heating and opportunities for placement of shade trees and other vegetation for cooling. 10. Regional Housing That the effect of the proposed land division on the housing needs of the region were considered and balanced against the public service needs of the residents of Moreno Valley and available fiscal and environmental resources. FACT: The project does not exceed the planned density, the associated public service demand, or the demand for environmental resources envisioned by the Moreno Valley General Plan. The project will supplement the City s fiscal resources by paying impact fees for public facilities. FEES, DEDICATIONS, RESERVATIONS, AND OTHER EXACTIONS 1. FEES Impact, mitigation and other fees are due and payable under currently applicable ordinances and resolutions. These fees may include but are not limited to: Development Impact Fee, Transportation Uniform Mitigation Fee (TUMF), Multi-species Habitat Conservation Plan (MSHCP) Mitigation Fee, Stephens Kangaroo Habitat Conservation fee, Underground Utilities in lieu Fee, Area Drainage Plan fee, Bridge and Thoroughfare Mitigation fee (Future) and Traffic Signal Mitigation fee. The final amount of fees payable is dependent upon information provided by the 4

5 applicant and will be determined at the time the fees become due and payable. Unless otherwise provided for by this resolution, all impact fees shall be calculated and collected at the time and in the manner provided in Chapter 3.32 of the City of Moreno Valley Municipal Code or as so provided in the applicable ordinances and resolutions. The City expressly reserves the right to amend the fees and the fee calculations consistent with applicable law. 2. DEDICATIONS, RESERVATIONS, AND OTHER EXACTIONS The adopted Conditions of Approval for PA , incorporated herein by reference, may include dedications, reservations, and exactions pursuant to Government Code Section (d) (1). 3. CITY RIGHT TO MODIFY/ADJUST; PROTEST LIMITATIONS The City expressly reserves the right to establish, modify or adjust any fee, dedication, reservation or other exaction to the extent permitted and as authorized by law. Pursuant to Government Code Section 66020(d)(1), NOTICE IS FURTHER GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to timely follow this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with this project and it does not apply to any fees, dedication, reservations, or other exactions of which a notice has been given similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. 5

6 BE IT FURTHER RESOLVED that the City Council HEREBY APPROVES. APPROVING Tentative Parcel Map No (PA ), subject to the attached conditions of approval included as Exhibit A. APPROVED AND ADOPTED this 27 th day of January, ATTEST: Mayor City Clerk APPROVED AS TO FORM: City Attorney 6

7 RESOLUTION JURAT STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF MORENO VALLEY ) I, Jane Halstead, City Clerk of the City of Moreno Valley, California, do hereby certify that was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 27 th day of January, 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: (Council Members, Mayor Pro Tem and Mayor) CITY CLERK (SEAL) 7