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Home My WebLink About11-01 CC Ordinance ORDINANCE NO. 11-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AMENDMENT TO THE RORIPAUGH ESTATES SPECIFIC PLAN TO ALLOW AUTOMOBILE SERVICE STATIONS WITH OR WITHOUT A CAR WASH IN PLANNING AREA 10 UTILIZING THE DEVELOPMENT STANDARDS OF THE NEIGHBORHOOD COMMERCIAL ZONING DISTRICT ' THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On November 3, 2010, the Planning Commission recommended approval of Planning Application Nos. PA09-0246, Specific Plan Amendment; PA09-0287, Conditional Use Permit; and PA09-0288 Development Plan B. The proposed amendment to the Roripaugh Estates Specific Plan will amend the permitted uses and development standards for Planning Area 10 to the standards of the Neighborhood Commercial zoning district with the addition to allow automobile service stations with or without and automated car wash. In addition, the Specific Plan Amendment application is accompanied by a Conditional Use Permit and Development Plan application. C. The Project was processed including, but not limited to a public notice, in the time and manner prescr.ibed 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 the California Environmental Quality Act Guidelines ("CEQA") and circulated for public review from ' October 12, 2010 through November 1, 2010 for a 20-day public review. Copies of the documents have been available for public review and inspection at the offices of the Department of Planning, located at City Hall 43200 Business Park Drive, Temecula, California 92590. E. On November 3, 2010, 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 November 3, 2010, 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 R:/Ords 2011/Ords 11-01 1 that the City Council adopt the Mitigated Negative Declaration and adopt a Mitigation Monitoring and Reporting Program for the Project. 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 No's. PA09-0246, Specific Plan Amendment; PA09-0287, Conditional Use Permit; and PA09-0288, Development Plan. H. On January 11, 2011, 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. 11-08 adopting the Mitigated Negative Declaration and adopted a Mitigation Monitoring and Reporting Program. J. All legal preconditions to the adoption of this Ordinance have occurred. Section 2. Legislative Findings. The City Council in approving the Project hereby finds, determines and declares that: A. The proposed Specific Plan Amendment is consistent with the General Plan and Development Code [Subsection 17.16.20 (Procedures) of Chapter 17.16 (Specific Plan Zoning District) of Title 17 of the Temecula Municipal Code]. B. The proposed Specific Plan Amendment is consistent with the General Plan and Development Code; The Specific Plan Amendment identifies a car wash as requiring a Conditional Use Permit and clarifies that the property will be subject to the Development Standards identified for the NC-Neighborhood Commercia/ zoning district. Car washes are a common ancillary use for a gas station and this proposal meets the development standards for car washes under section 17.08.040.D of the Development Code. The project has been reviewed and conditioned for approval by Building and Safety, Fire, Police, Public Works, and P/anning through the Development Review Process (DRC) to ensure compliance with the General Plan, Development Code and all applicab/e requirements of State law and other Ordinances of the City. C. The proposed Specific Plan Amendment would not be detrimental to the public interest, health, safety, convenience or we/fare of the City; R:IOrds 2011/Ords 11-01 2 The Specific Plan Amendment has been reviewed and conditioned by Building and Safety, Fire, Police, Public Works and Planning to ensure that the use will not be detrimental to the health, safety, and general we/fare of the community. Furthermore, the project is consistent with the requirements of the General Plan and Development Code, which contain provisions to protect the health, safety, and general we/fare of the community. D. The subject property is physically suitable for the requested land use designations and the anticipated land use developments; The Specific Plan Amendment would facilitate development of an automated car wash attached to an existing gas station. The site is adequate in size and shape to accommodate the car wash. Loading, parking, and vehicular circulation will not be adversely affected by the project. The project will adhere to all other development features described in the Development Code. E. The proposed Specific Plan Amendment shall ensure development of a desirable character which will be compatible with existing and proposed development in the surrounding neighborhood; The Specific Plan Amendment would allow a car wash to be located within Planning Area 10 of the Roripaugh Estates Specific Plan, which is within a heavily trave/ed commercial corridor that is fully developed. Surrounding uses include a high school, commercial and residential development. An Initial Study has been prepared and mitigation measures have been included to address noise impacts from the car wash blowers on surrounding commercial and residential development. With these and other mitigation measures identified, the project will not adversely affect adjacent uses, buildings or structures. Section 3. The City Council hereby amends the Roripaugh Estates Specific Plan to allow automobile service stations with or without a car wash in Planning Area 10 subject to the development standards of the Neighborhood Commercial Zoning District of the Specific Plan and in accordance with the revised Specific Plan on file with in the City of Temecula City Clerk's Office. Section 4. Severabitity. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. Section 6. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in the manner required by law. R:/Ords 2011/Ords 11-01 3 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 25� day of January, 2011. M Ron Roberts, Mayor ATTEST: ` Susan . Jone', MMC City CI k [SEAL] R:/Ords 2011/Ords 11-01 4 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 Ordinance No. 11-01 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 11 th day of January, 2011, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 25 day of January, 2011, the following vote: AYES: 4 COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Roberts NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Washington ABSTAIN: 0 COUNCIL MEMBERS: None Susan . Jones, MMC City Clerk R:/Ords 2011/Ords 11-01 5