HomeMy WebLinkAbout05-11 CC Ordinance
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ORDINANCE NO. 05-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE ZONING MAP OF THE CITY OF
TEMECULA FROM PUBLIC INSTITUTIONAL (PI) TO PLANNED
DEVELOPMENT OVERLAY (PDO-10) AND ADOPTING
SECTIONS 17.22.210 THROUGH 17.22.218 INCLUDING THE
PDO-10 TEXT AND DEVELOPMENT STANDARDS FOR A SITE
GENERALLY LOCATED AT THE NORTHWEST CORNER OF
DiAl ROAD AND DENDY PARKWAY, KNOWN AS ASSESSOR
PARCEL NO. 909-370-002
WHEREAS, Gary Wiggle, representing AGK Group, LLC, filed Planning Application Nos.
PA04-0582, Zone Change and Development Plan; and PA05-0070, a Tentative Parcel Map for
the property consisting of approximately 40.0 acres generally located at the northwest corner of
Diaz Road and Dendy Parkway, known as Assessor Parcel No. 909-370-002; and
WHEREAS, the applications for the Project were processed and an environmental
review was conducted as required by law, including the California Environmental Quality Act;
and
WHEREAS, the Planning Commission of the City of Temecula held a duly noticed public
hearing on May 4, 2005 to consider the applications for the Project and environmental review, at
which time the City staff and interested persons had an opportunity to, and did testify either in
support or opposition to this matter; and
WHEREAS, following consideration of the entire record of information received at the
public hearings and due consideration of the proposed Project, the Planning Commission
adopted Resolution No. 2005-29, recommending that the City Council approve a Zone Change
to amend the land use designation from Public Institutional (PI) to Planned Development
Overlay (PDO-10) and adopt Sections 17.22.210 through 17.22.218, including the PDO-10 text
and development standards for property generally located at the northwest corner of Diaz Road
and Dendy Parkway, known as Assessor Parcel No. 909-370-002; and
WHEREAS, on June 28, 2005 the City Council of the City of Temecula held a duly
noticed public hearing on the Project at which time all persons interested in the Project had the
opportunity and did address the City Council on these matters; and
WHEREAS, at the conclusion of the City Council hearing and after due consideration of
the testimony, the City Council approved the Zone Change for the Project subject to and based
upon the findings set forth hereunder;
WHEREAS, all legal preconditions to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES
HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct and are hereby
incorporated by reference.
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Section 2. The City Council, in approving the Zone Change proposed in Planning
Application PA04-0582, hereby makes the following findings:
A. The proposed Zone Change conforms to the General Plan and the proposed
uses are in conformance with the goals, policies, programs and guidelines of the elements of
the General Plan. The proposed Zone Change allows for a diversity of uses desired in the
General plan and will create a balanced community with additional educational and housing
opportunities available to the community.
Section 3. Environmental Compliance. A Final Environmental Impact Report for the
Temecula Education Complex (Environmental Assessment EA-097) was approved by the City
Council on March 16, 2004. Per Section 15162 of the State CEQA Guidelines, when an EIR
has been certified for a project, no subsequent EIR shall be prepared for that project unless the
lead agency determines that substantial changes are proposed or will occur, or that new
information of substantial importance is available. The proposed project substantially conforms
to the conceptual plans for the Temecula Education Complex Final EIR and no new information
of substantial importance regarding the environmental review of the project has arisen since the
EIR was approved. Therefore, the City Council finds that the proposed project is consistent with
the Final EIR for the Temecula Education Complex.
Since the adoption of the Final EIR, the Riverside County Multiple Species Habitat Conservation
Plan (MSHCP) has gone into effect. Consistent with the MSHCP, a Habitat Acquisition and
Negotiation Strategy (HANS) report is being prepared for the project. The applicant will be
required to meet the requirements, if any, of that report prior to issuance of a grading permit.
Section 4. The City of Temecula City Council hereby approves the Zone Change
proposed in Planning Application PA04-0582 to amend the Zoning Map (Exhibit A) of the City of
Temecula from Public Institutional (PI) to Planned Development Overlay (PDO-10) and to adopt
sections 17.22.210 through 17.22.218 including the PDO-10 text and development standards
(Exhibit B) for a site generally located at the northwest corner of Diaz Road and Dendy
Parkway, known as Assessor Parcel No. 909-370-002, in the form attached to this Ordinance as
Exhibit B.
Section 5. Severabilitv. If any sentence, clause or phrase of this Ordinance is for
any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the
validity of the remaining provisions of this ordinance. The City Council hereby declares that the
provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction
shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision
shall not affect the validity of the remaining parts of this Ordinance.
Section 6. Notice of Adoption. The City Clerk shall certify to the adoption of this
Ordinance and shall cause the same to be posted as required by law.
Section 7. Effective Date. This Ordinance shall be in full force and effect thirty (30)
days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause
copies of this Ordinance to be posted in three designated posting places.
Section 8. This Ordinance shall be in full force and effect thirty (30) days after its
passage; and within fifteen (15) days after its passage, together with the names of the City
Council members voting thereon, it shall be published in a newspaper published and circulated
in said City.
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PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this
12th day of July, 2005.
ATTEST:
Jeff Comerchero, Mayor
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
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I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 05-10 was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the 28'h day of June, 2005 and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 12'h
day of July, 2005, by the following vote:
AYES:
5
COUNCILMEMBERS: Edwards, Naggar, Roberts, Washington,
Comerchero
NOES:
ABSENT:
o
COUNCILMEMBERS: None
o
COUNCILMEMBERS: None
ABSTAIN:
o
COUNCILMEMBERS: None
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EXHIBIT A
ZONING MAP
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EXHIBIT B
TEMECULA EDUCATION CENTER PDO.10
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Temecula Education Center Planned Development Overlay District
17.22.210
TITLE
Sections 17.22.210 through 17.22.218 shall be known as "PDO-10" (Temecula Education
Center Planned Development Overlay District).
17.22.212
PURPOSE AND INTENT
The Temecula Education Center (TEC) planned development overlay district (PDO-10) is
intended to provide regulations for the safe and efficient operation, and creative design of a
unique commercial area within the city. The area is unique in its location and mix of proposed
uses. This special overlay zoning district regulation is intended to permit a range of higher
educational uses, along with high density residential both for sale and for rent, and a range of
neighborhood and project serving commercial uses. Supplemental performance standards
have also been provided to ensure compatibility with the adjacent neighborhoods and to protect
adjoining uses from excessive noise, odor, smoke, toxic materials, and other potentially
objectionable impacts. It is the intent of the city to use these special regulations to supplement
the regulations of land uses and development already existing within the adopted development
code.
17.22.214
RELATIONSHIP WITH THE DEVELOPMENT CODE AND CITYWIDE DESIGN
GUIDELINES
A.
The list of permitted, conditionally permitted, and prohibited uses for the
Temecula Education Center planned development overlay district is contained in
Table 17.22.216.
B. Except as modified by the provisions of Section 17.22.218, the following rules
and regulations shall apply to all planning applications in this area:
1. The development standards in the development code that would apply to
any development within the public/institutional zoning district that are in
effect at the time an application is deemed complete;
2. The approval requirements contained in the development code that are in
effect at the time an application are deemed complete;
3. Any other relevant rule, regulation or standard that is in effect at the time
an application is deemed complete.
17.22.216
USE REGULATIONS
The list of permitted land uses for the T emecula Education Center planned development overlay
district is contained in Table 17.22.216. Where indicated with a letter "P" the use shall be a
permitted use. A letter "e" indicates the use shall be conditionally permitted subject to the
approval of a conditional use permit. Any use not specifically listed may be determined to be
permitted or conditionally permitted at the discretion of the Planning Director.
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Table 17.22.216.B
Schedule of Permitted Uses
Temecula Education Center
Planned DeveloDment Overlav District
DescrlDtlon of Use PDO-10
A
Adult Continuino Education (Public and Private) P
Aerobics/dance/ovmnastics/iazzercise/martial arts studios P
Alcoholic beveraoe sales /in association with a restaurant) C1
Animal hosoital !indoor onlv) . e
Apparel and accessorv shops P
Arcades (oinball and video oames) p
Art nallerv P
Art suoolv stores P
Auditoriums and conference facilities P
B
Bakerv retail P
Banks and financial institutions P
Sarber and beauty shops P
Bicvcle (sales, rentals, services) P
Billiard oarlor/oool hall C
.
Blueorint and duolicatino and coov services P
Bookstores p
C
Camera shon (sales/minor repairs) P
eandv/confectionerv sales P
Caterinn services C
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ehurches, temnles, relicious institutions e
Clothino sales P
Coins, ourchase and sales P
Collenes and universities (Private and Public) P
Communications and microwave installations p2
Communitv health clinics P
Comnuter sales and service P
Convenience market P
Costume rentals P
D
Data orocessinn Anuipment and svstems P
Dav care centers P
Dav care health center P
Delicatessen P
Drv cleaners P
E
Reserved
F
Financial, insurance, real estate offices P
Fire and Dolice stations (Storefront onlv) P
Florist shop P
Fortune tellinn, spiritualism, or similar activitv P
G
Garanes, public Darkinc P
General merchandise/retail store less than 10,000 so. ft. P
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H
Health and exercise clubs P
Health care facilitv P
Health food store P
Helioad or heliport e
Hobbv supolv shoo P
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Ice cream oarlor P
J
Reserved
K
Reserved
L
Laboratories, film, medical, research or testino centers P
Laundromat p
Libraries, museums and oalleries (private) P
Librarv p
M
Museum p
Musical and recordino studio p
N
Reserved
0
Office eauiomenVsupplies, sales/service P
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Offices, professional services including, but not limited to, business P
law, medical, dental, veterinarian, chiropractic, architectural,
enaineerina, real estate, insurance (less than 10,000 SF)
p
Parcel deliverv services (Retail) P
Parking lots and parking structures P
Performing arts, theaters and places of Dublic assemblv P
Personal service shops P
Photooraphic studio P
Postal services P
Printino and publishino (newspapers, periodicals, books, etc.) -
Private utilitv facilities (regulated bv the Public Utilities eommission> P
Q
Reserved
R
Radio and broadcastino studios, offices P
Recvclino collection facilities C
Relioious facilities P
Relioious institution, with a dav care P
Religious institution, with a private school C
Relioious institution, without a dav care or orivate school C
Residential, multiple-family housinc P
Residential--senior housino C
Restaurants and other eating establishments p
Restaurants with lounoe or live entertainment C
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S
Schools, business and orofessional p
Schools, private (kinderaarten throuQh Qrade 12)) P
Scientific research and development offices and laboratories P
Senior citizen housino (see also conQreQate care) C
Sports and recreational facilities C
T
Tailor shop p
Tile sales p
Trade or vocational schools p
U
Reserved
V .
Reserved
W
Watch repair p
y
Reserved
Z
Reserved I
1. The CUP will be subject to Section 17.10.020(B), special standards for the sale of
alcoholic beverages.
2. Subject to citywide antenna standards.
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17.22.218
A.
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SUPPLEMENTAL DESIGN AND SETBACK STANDARDS
In addition to the standard setback of the Public Institutional Zone contained in
Chapter 17.12, the following special provisions will be allowed:
Minimum lot size
Other than condominium develo ment
7,000 sq. ft.
50 ft.
100 ft.
50%
Floor area ratio a
Setbacks:
2.0
Yards ad'acent to Public Streets 20 ft.
lines 0 ft.
Residential 50 feet
Retail Uses 40 feet
Educational Uses 100 feet
25%
B.
Hei ht of Fences, Hed es and Walls
Within street side setback areas other 8 feet
than corner visibili areas
Within corner visibili areas 3 feet
a. Due to the type of lots created for this development, the allowable
Floor Area Ratio is higher than typically allowed. The building
sites that would have this ratio do not have on-site parking within
the property lines, thus the density of development on the
individual lot is artificially higher than a site that includes its own
parking.
In addition to the standard requirements for Parking Facility Layout and
Dimensions contained in Chapter 17.24.050.3 and 4, the following special
landscape provisions will be allowed: .
In lieu of landscape planter fingers between the parking spaces, a continuous
planter at the head of the parking row is allowed. These planters shall have an
inside dimension width of five feet and shall have a length equal to the width of
the adjoining parking spaces. It is the intent of this layout to provide a continuous
row of trees to screen the views across the open parking areas. At a minimum,
. the required number of trees will be maintained.
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e.
In lieu of the maximum density allowed within the H residential District, the
density allowed for the residential portions of the Temecula Education eenter
planned development overlay district is 27 DU per acre.
D. Due to the unique nature of this education project, the use of turf within the
common areas of the commercial portions of the project is a benefit to the
campus nature of the plan. Therefore, in addition to the requirements in Section
17.12.060, the quantity of turf areas will be allowed to exceed the typical
quantities inferred in the requirements and standards for the commercial
common areas only including the Amphitheater.
E. In lieu of the standard requirements for Private Open Space Per Unit, contained
in Chapter 17.06.040, the following private open space areas will be allowed per
unit type';
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MIN. DECK sa % OF UNIT
UNIT NUMBER UNIT SQ FT FT2 SIZE
10 611 72 12%
11 669 118 18%
12 667 93 14%
13 542 89 16%
14 586 95 16%
15 616 95 15%
16 722 70 10%
17 753 192 25%
18 651 90 14%
20 816 101 12%
21 798 88 11%
22 981 61 6%
23 1021 93 9%
24 1045 129 12%
25 987 142 14%
26 1265 129 10%
27 1282 129 10%
30 1458 90 6%
31 1509 90 6%
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1.
In addition to these Private Open Spaces, Public
Open Spaces are located within the buildings
that are usable by all residents. These facilities
are in addition to the recreation facilities on site.
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2. Due to various locations of particular units within
the buildings, the areas shown are minimums.
Some of the locations will have larger deck/patio
areas.
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