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HomeMy WebLinkAbout08_003 PC Resolution . PC RESOLUTION NO. 08-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TEMECULA FROM PROFESSIONAL OFFICE (PO) AND PLANNED DEVELOPMENT OVERLAY (PDO-8) TO PLANNED DEVELOPMENT OVERLAY-9 (PDO-9) AND ADDING SECTIONS 17.22.200 THROUGH 17.22.206, TO THE TEMECULA MUNICIPAL CODE FOR A SITE GENERALLY LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD AND KNOWN AS ASSESSOR'S PARCEL NUMBERS 959-080-001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080-010 (PA07-0199)" Section 1. Procedural Findinqs. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. Universal Health Services of Rancho Springs, Inc. ("UHS"), filed Planning Application Numbers PA04-0462, General Plan Amendment; PA05-0302, Zone Change to PDO-9 (Planned Development Overlay-9); PA04-0463, Conditional Use Permit and Development Plan; and PA04-0571, Tentative Parcel Map in a manner in accord with the City of Temecula General Plan and Development Code, which applications are hereby incorporated by reference, for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road, known as Assessor's Parcel Numbers 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010 ("Project"). B. The Project was processed including, but not limited to, public notice in the time and manner prescribed by State and local law, including the California Environmental Quality Act. C. On April 6, 2005, the Planning Commission considered the Project 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 of or opposition to this matter. D. The Planning Commission, based on testimony presented by the general public, determined that an Environmental Impact Report would be required for this Project. G:\Planning\2007\PA07-0198 Temecula Regional Hospital GPA, SEIR\PJanning\Planning Commission\Draft Resolutions\PC\Zone Change Resolution (01-09-2008).DOC . E. On April 20, 2005, a scoping session was held before the Planning Commission to determine the extent of issues to be addressed in the Environmental Impact Report for the Project. F. A Draft Environmental Impact Report was prepared in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines and circulated for public review from September 28, 2005 through October 28, 2005. G. On November 16, 2005, and again on January 5, 2006, the Planning Commission considered the Project at duly noticed public hearings 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 opposition to this matter. H. Following consideration of the entire record of information received at the public hearings, the Planning Commission adopted Resolution No. 06-01 recommending that the City Council certify the Final Environmental Impact Report for the Project and approve a Mitigation Monitoring Program for the Project. I. 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. 06-03, recommending that the City Council approve a Zone Change to amend the land use designation from Professional Office and Planned Development Overlay (PDO-8) to Planned Development Overlay (PDO-9) and adopt Sections 17.22.200 through 17.22.206, including the PDO text and development standards for property generally located north of Highway 79 South, approximately 700 feet west of Margarita Road, known as Assessor's Parcel Numbers 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010 (PA05- 0302). J. On January 24, 2006, the City Council held a duly noticed public hearing as prescribed by law on the Final Environmental Impact Report at which time all persons interested had the opportunity to present oral and written evidence on the Final Environmental Impact Report. K. On January 24, 2006, following consideration of the entire record of information received at the public hearings before the Planning Commission and the City Council, and due consideration of the Project, the City Council adopted Resolution No. 06-05, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR PLANNING APPLICATION NUMBERS PA04-0462 (GENERAL PLAN AMENDMENT), PA05-0302 (ZONE CHANGE), PA04-0463 (CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN) AND PA04-0571 (TENTATIVE PARCEL MAP) AND RELATED ACTIONS, AND ADOPTING THE FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE PROPERTY CONSISTING OF G:\Planning\2007\PA07-0198 Temecula Regional Hospital GPA, SEIR\Planning\Planning Commission\Draft Resolutions\PC\Zone Change Resolution (01-09-2008).DOC 2 . APPROXIMATELY 35.31 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD, KNOWN AS ASSESSOR'S PARCEL NUMBERS 959-080-001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080-010 (PA04-0462, PA05-0302, PA04-0463, PA04-0571 )." L. On January 24, 2006, the City Council considered the Zone Change 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 of or opposition to this matter. M. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the City Council adopted Ordinance No. 06-01, amending the Official Zoning Map of the City of Temecula from Professional Office (PO) and Planned Development Overlay (PDO-8) to Planned Development Overlay-9 (PDO-9) and adding Sections 17.22.200 through 17.22.206, to the Temecula Municipal Code (PA05-0302). N. On February 24, 2006, the California Nurses Association and Citizens Against Noise and Traffic each filed a separate petition challenging the City of Temecula's approval of the Project proposed by Universal Health Services, Inc. O. On May 3, 2007, the Riverside County Superior Court ordered that the City of Temecula set aside its approval of the Project, including without limitation, its certification of the Final Environmental Impact Report and all related approvals and permits, until the City of Temecula has taken the actions necessary to bring the Project into compliance with the California Environmental Quality Act ("CEQA"). The Riverside County Superior Court ruled in favor of the California Nurses Association and Citizens Against Noise and Traffic, holding that: (1) the MTBE plume was not properly analyzed in the Final Environmental Impact Report; (2) the siren noise at the hospital was significant and should have been mitigated; and (3) not all feasible traffic mitigation measures were adopted for cumulative traffic impacts. P. The Riverside County Superior Court also held that the Final Environmental Impact Report properly addressed: (1) cumulative noise, light and glare, and aesthetic impacts; (2) landscaping mitigation deferral; (3) biological resources; (4) geology and soils mitigation; and (5) land use consistency. Q. On July 12, 2007, another scoping session was held to determine the extent of issues to be addressed in the new Environmental Impact Report for the Project. R. In response to the Riverside County Superior Court's decision, a new Draft Environmental Impact Report was prepared in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines and circulated for public review from November 5,2007 through December 5,2007. G:\Planning\2007\PA07-0198 Temecula Regional Hospital GPA, SEIR\Planning\Planning Commission\Draft Resolutions\PC\Zone Change Resolution (01-09-2008).DOC 3 . S. On January 9, 2008, the Planning Commission considered Planning Application Nos. PA07-0198 (General Plan Amendment), PA07-0199 (Zone Change), PA07-0202 (Conditional Use Permits), PA07-0200 (Development Plan) and PA07-0201 (Tentative Parcel Map) in a manner in accordance with the City of Temecula General Plan and Development Code, which applications are hereby incorporated by reference, for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road, known as Assessor's Parcel Numbers 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010, 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 of or opposition to this matter. T. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 08-01 recommending that the City Council certify the new Final Environmental Impact Report for the Project and approve a Mitigation Monitoring Program for the Project. U. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended that the City Council approve the proposed Zone Change, Planning Application No. PA07-0199, subject to and based upon the findings set forth hereunder. V. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findinqs. The Planning Commission, in recommending approval of the Zone Change, Planning Application No. PA07-0199, hereby finds, determines and declares that: A. The proposed Zone is consistent with the land use designation of the General Plan of the City of Temecula in which the use is located, as shown on the Land Use Map. The proposed Zone Change is consistent with the related General Plan Amendment, the site is physically suitable for the type of uses that will occur in this area, and the proposed Zone Change would further the City's long-term economic development goals. B. The proposed Zone Change conforms to the General Plan and the use is in conformance with the goals, policies, programs and guidelines of the elements of the General Plan. The proposed Zone Change allows for a use that will provide the diversity of uses desired in the General Plan and will create a balanced community with additional public services available to the community. Section 3. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council amend the Official Zoning Map of the City of Temecula by changing the zoning designation from Professional Office (PO) and Planned Development Overlay (PDO-8) to Planned Development Overlay (PDO-9), adopt Sections 17.22.200 through 17.22.206 including the PDO text and development standards and change the official Zoning Map to show the boundaries of the proposed G:\PJanning\2007\PA07-0198 Temecula Regional Hospital GPA, SEIR\Planning\Planning Commission\Draft Resolutions\PC\Zone Change Resolution (01-09-2008).DOC 4 . PDO-9 in the form attached to this Resolution as Exhibit A, draft City Council Ordinance, for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road, and specifically known as Assessor's Parcel Numbers 959-080-001 through 959-080- 004 and 959-080-007 through 959-080-010. Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 9th day of January 2008. Jo n Telesio, Chairman ATTEST: 1)rJh~ U6AN ~ Debbie Ubnoske, Secretary .-' / ..-~ -..... -.. "- ... '- 7"~ , .._~~ [SEAL] ~ , ..... .... .,./ ~ ,'" /..... STATE OF CALIFORNIA ) COUf\lqy"tiF RIV-ERSIDE ) ss CITY OF'TEMECU(A ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 08-03 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 9th day of January 2008, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 1 PLANNING COMMISSIONERS: Chiniaeff ~~ tt~~ Debbie Ubnoske, Secretary G:\Planning\2007\PA07-0198 Temecula Regional Hospital GPA, SEIR\Planning\Planning Commission\Draft Resolutions\PC\Zone Change Resolution (01-09-2008).DOC 5 . EXHIBIT A DRAFT CITY COUNCIL ORDINANCE G:\Planning\2007\PA07-0198 Temecula Regional Hospital GPA, SEIR\PJanning\Planning Commission\Draft Resolutions\PC\Zone Change Resolution (01-09-2008).DOC 6 . ORDINANCE NO. 08-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TEMECULA FROM PROFESSIONAL OFFICE (PO) AND PLANNED DEVELOPMENT OVERLAY (PDO-8) TO PLANNED DEVELOPMENT OVERLAY-9 (PDO-9) AND ADDING SECTIONS 17.22.200 THROUGH 17.22.206, TO THE TEMECULA MUNICIPAL CODE FOR A SITE GENERALLY LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD AND KNOWN AS ASSESSOR'S PARCEL NUMBERS 959-080-001 THROUGH 959- 080-004 AND 959-080-007 THROUGH 959-080-010 (PA07-0199) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findinos. The City Council of the City of T emecula does hereby find, determine and declare that: A. Universal Health Services of Rancho Springs, Inc. ("UHS"), filed Planning Application Nos. PA04-0462, General Plan Amendment; PA05-0302, Zone Change to PDO-9 (Planned Development Overlay-9); PA04-0463, Conditional Use Permit and Development Plan; and PA04-0571, Tentative Parcel Map in a manner in accord with the City of Temecula General Plan and Development Code, which applications are hereby incorporated by reference, for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road, known as Assessors Parcel Numbers 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010 ("Project"). B. The Project was processed including, but not limited to, public notice in the time and manner prescribed by State and local law, including the California Environmental Quality Act. C. On April 6, 2005, the Planning Commission considered the Project 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 of or opposition to this matter. D. The Planning Commission, based on testimony presented by the general public, determined that an Environmental Impact Report would be required for this Project. E. On April 20, 2005, a scoping session was held before the Planning Commission to determine the extent of issues to be addressed in the Environmental Impact Report for the Project. 1 . F. A Draft Environmental Impact Report was prepared in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines and circulated for public review from September 28, 2005 through October 28, 2005. G. On November 16, 2005, and again on January 5, 2006, the Planning Commission considered the Project at duly noticed public hearings 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 opposition to this matter. H. Following consideration of the entire record of information received at the public hearings, the Planning Commission adopted Resolution No. 06-01 recommending that the City Council certify the Final Environmental Impact Report for the Project and approve a Mitigation Monitoring Program for the Project. I. 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. 06-03, recommending that the City Council approve a Zone Change to amend the land use designation from Professional Office and Planned Development Overlay (PDO-8) to Planned Development Overlay (PDO-9) and adopt Sections 17.22.200 through 17.22.206, including the PDO text and development standards for property generally located north of Highway 79 South, approximately 700 feet west of Margarita road, known as Assessor's Parcel Numbers 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010 (PA05- 0302). J. On January 24, 2006, the City Council held a duly noticed public hearing as prescribed by law on the Final Environmental Impact Report at which time all persons interested had the opportunity to present oral and written evidence on the Final Environmental Impact Report. K. On January 24, 2006, following consideration of the entire record of information received at the public hearings before the Planning Commission and the City Council, and due consideration of the Project, the City Council adopted Resolution No. 06-05, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR PLANNING APPLICATION NUMBERS PA04-0462 (GENERAL PLAN AMENDMENT), PA05-0302 (ZONE CHANGE), PA04-0463 (CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN) AND PA04-0571 (TENTATIVE PARCEL MAP) AND RELATED ACTIONS, AND ADOPTING THE FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE PROPERTY CONSISTING OF APPROXIMATELY 35.31 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD, KNOWN AS ASSESSOR'S PARCEL NUMBERS 959-080-001 THROUGH 959-080-004 2 . AND 959-080-007 THROUGH 959-080-010 (PA04-0462, PA05-0302, PA04-0463, PA04-0571 )." L. On January 24, 2006, the City Council considered the Zone Change 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 of or opposition to this matter. M. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the City Council adopted Ordinance No. 06-01, amending the Official Zoning Map of the City of Temecula from Professional Office (PO) and Planned Development Overlay (PDO-8) to Planned Development Overlay-9 (PDO-9) and adding Sections 17.22.200 through 17.22.206, to the Temecula Municipal Code (PA05-0302). N. On February 24, 2006, the California Nurses Association and Citizens Against Noise and Traffic each filed a separate petition challenging the City of Temecula's approval of the Temecula Regional Hospital project proposed by Universal Health Services, Inc. O. On May 3, 2007, the Riverside County Superior Court ordered that the City of Temecula set aside its approval of the Project, including without limitation, its certification of the Final Environmental Impact Report and all related approvals and permits, until the City of Temecula has taken the actions necessary to bring the Project into compliance with the California Environmental Quality Act ("CEQA"). The Riverside County Superior Court ruled in favor of the California Nurses Association and Citizens Against Noise and Traffic, holding that: (1) the MTBE plume was not properly analyzed in the Final Environmental Impact Report; (2) the siren noise at the hospital was significant and should have been mitigated; and (3) not all feasible traffic mitigation measures were adopted for cumulative traffic impacts. P. The Riverside County Superior Court also held that the Final Environmental Impact Report properly addressed (1) cumulative noise, light and glare, and aesthetic impacts; (2) landscaping mitigation deferral; (3) biological resources; (4) geology and soils mitigation; and (5) land use consistency. Q. On July 12, 2007, another scoping session was held to determine the extent of issues to be addressed in the new Environmental Impact Report for the Project. R. In response to the Riverside County Superior Court's decision, a new Draft Environmental Impact Report was prepared in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines and circulated for public review from November 5, 2007 through December 5,2007. S. On January 9, 2008, the Planning Commission considered Planning Application Nos. PA07-0198 (General Plan Amendment), PA07-0199 (Zone Change), PA07-0202 (Conditional Use Permits), PA07-0200 (Development Plan) and PA07-0201 3 . (Tentative Parcel Map) in a manner in accordance with the City of Temecula General Plan and Development Code, which applications are hereby incorporated by reference, for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road, known as Assessor's Parcel Numbers 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010 ("Project"), 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 of or opposition to this matter. T. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 08-01 recommending that the City Council certify the new Final Environmental Impact Report for the Project and approve a Mitigation Monitoring Program for the Project. U. 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. 08-04, recommending that the City Council approve a Zone Change to amend the land use designation from Professional Office and Planned Development Overlay (PDO-8) to Planned Development Overlay (PDO-9) and adopt Sections 17.22.200 through 17.22.206, including the PDO text and development standards for property generally located north of Highway 79 South, approximately 700 feet west of Margarita road, known as Assessor's Parcel Numbers 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010 (PA07- 0199). V. On January 22, 2008, the City Council rescinded and invalidated its approvals of Planning Application Nos. PA04-0462, General Plan Amendment; PA05- 0302, Zone Change to PDO-9 (Planned Development Overlay-9); PA04-0463, Conditional Use Permit and Development Plan; and PA04-0571, Tentative Parcel Map for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road, known as Assessor's Parcel Numbers 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010. W. On January 22, 2008, the City Council considered the Zone Change (PA07-0199) 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 of or opposition to this matter. X. Following consideration of the entire record of information received at the public hearings before the Planning Commission and the City Council, and due consideration of the proposed Project, the City Council adopted Resolution No. 08- , entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR PLANNING APPLICATION NUMBERS PA07-0198 (GENERAL PLAN AMENDMENT), PA07-0199 (ZONE CHANGE), PA07-0202 (CONDITIONAL USE PERMITS), PA07-0200 (DEVELOPMENT PLAN), PA07-0201 (TENTATIVE PARCEL 4 . MAP) AND RELATED ACTIONS, AND ADOPTING THE FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE PROPERTY CONSISTING OF APPROXIMATELY 35.31 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD, KNOWN AS ASSESSOR'S PARCEL NUMBERS 959-080-001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080-010 (PA04-0462, PA05-0302, PA04-0463, PA04-0571)." The new Final Environmental Impact Report (FEIR) and mitigation monitoring reporting program accurately addresses the impacts associated with the adoption of this Resolution. Y. The proposed Zone Change is consistent with the proposed land use designation for the General Plan and the related General Plan text amendment. The PDO text, as proposed is also consistent with the General Plan and related General Plan Amendment Z. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Zone Chanqe. The City Council of the City of Temecula hereby amends the Official Zoning Map of the City of Temecula by changing the zoning designation from Professional Office (PO) and Planned Development Overlay (PDO-8) to Planned Development Overlay (PDO-9) for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 700 feet west of Margarita Road, and specifically known as Assessor's Parcel Numbers 959-080-001 through 959-080-004 and 959-080-007 through 959-080-010 (Amending the official Zoning Map as shown on Exhibit A, Existing Zoning; Exhibit B Proposed Zoning attached hereto and incorporated herein as though set forth in full.). Section 3. Zone Text Amendment. The City Council of the City of Temecula hereby adds Sections 17.22.200 through 17.22.206 to read as follows: "TEMECULA HOSPITAL PLANNED DEVELOPMENT OVERLAY DISTRICT 17.22.200 TITLE. Sections 17.22.200 through 17.22.206 shall be known as "PDO-9" (Temecula Hospital Planned Overlay District). 17.22.202 PURPOSE AND INTENT. The Temecula Hospital planned development overlay district is intended to provide for design flexibility with regards to the building height of hospital projects. Other aspects of this PDO will be consistent with the land use designations that are described in the land use element of the Temecula General Plan. 5 . 17.22.204 RELATIONSHIP WITH THE DEVELOPMENT CODE AND CITYWIDE DESIGN GUIDELINES. Except as modified by the provisions of Section 17.22.206, 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 in a Professional Office zoning district that are in effect at the time an application is deemed complete. 2. The Citywide Design Guidelines that are in effect at the time an application is deemed complete. 3. The approval requirements contained in the Development Code that are in effect at the time the application is deemed complete. 4. Any other relevant rule, regulation or standard that is in effect at the time the application is deemed complete. 17.22.206 DEVELOPMENT STANDARDS. The development standards set forth in Chapter 17.08 apply to this PDO with the exception of the following modification to allowable building heights. The maximum allowable building heights, as defined in Chapter 17.34 for hospital buildings in the Temecula Hospital PDO District shall be limited as follows: No more than 30% of the total roof area of the hospital building may exceed the 75-foot building height limit. The maximum building height for those portions of the hospital building within the 30% area may not exceed 115 feet. For the purposes of this PDO, roof area is defined as that portion of the roof above occupied conditioned spaces bound by the inside face of the parapet wall that defines the roof area." Section 4. 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. 6 - Section 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of January, 2008. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] 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. 08-_ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 22nd day of January, 2008 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 22nd day of January, 2008 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk 7 . EXHIBIT A EXISTING ZONING 8 zonrll9 _Hll.deR~~ m:I~~o.~_w,.IIN\J _Lowo.ra.,~~i(l;:" _lDoI'~R""'I(l..Z) [::l....M..,U'Il~R.........(LJ.l) _........,.o.n,,"~1N) _~o-~R""""'Ct1} _ ~ t1:MldIIo...,RR) _"~~INC) _O:l......-.,e-ra.al~) _~ourIlt.ICOn~(Nl') _e.r,.;.~(SC. _PfoIw...",.~DtlPO) _o-..~(lIPJ I:::2J14/(I...,..(U1 [2] NIIlC .....1ianm1Pl1 _...._.(00) _ Nii'Il;Pn&R~nIPRJ _0.-_.,.;..,,' E:l........o..........".", _Oio-.........,_ _'SI**P1~~" mIr,...TN.tICln Zone Change Exhibit A - Exislina . EXHIBIT B PROPOSED ZONING 9 . Zonl"ll _ttlUdeR........~J ~...,LowOe/'ot.~A........(VU _\,(M~~LL:') _l.IINlI~Il___{W) c:::J Lo. 'hdun D-Itrf;' RtI..... (\.M) _........,O"lItw~.......C04) -.....,...,-.. _ Ru...Il.......lRR) _~~lt'oOd~(NC) _~'Y~~} _~t~.(Wl) _ s.wc.C--rl;lel(5C) _~tlQl\"OIb(poJ _e....U~dt~ I;;] UgNf..'....(lJI J]CJ N:k 1ftsIll.l\iOne/{J'l] _---IOS) _PIiliIc;~&~lIOn~ _eo.-....an(OS.Cl (:l"""'" o-ID",*" o..rl., _~pt",(SI"l~ _~CptWl~ ~Tr6.r....tt(Tl) . :f orR'''''' _....""~J;e ~-_"'f(~?,.._- Zone Change Exhibit B - Proposed