The URL can be used to link to this page

Home My WebLink About08-011 CC Resolution I I I R:/Reses ZOOB/Reses OB.11 1 ~'"':' '~~'r """ .1 I I I F. A Draft Envirollmerltal Imp~ctReport was prepatedlin accordance with the California Environmental Quality Act and theCalifornia6nvi~onmental Quality Act Guidelines and circulated for public review from September 28, 2005 through October 8, 2005. G. On November 16, 2005, and again on January 5, 2006, the Planning Commission considered the Project at duly noticed public hea~ings 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 consic!leration of.the entire record of information received at the public hearings, the Planning Commission adopted Resolution No. 06-001 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 ofthe entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adl:lpted Resolution No. 06.002, recommending approval of a General Plan Amendment (PA04-0462). J. On January 24, 2006, the City Council held a dulYinoticed 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 Couricil 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 NOS. PA04-0462 (GENERAL PLAN AMENDMENT), PA05-0302 (ZONE CHANGE), PA04-04tb (CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN) AND PA04-0571 (TENTA1J"IVE PARCEL MAP) AND RELATED ACTIONS, AND ADOPTING THE FINDJNGSPURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEME;NT OF OVERRIDING CONSIDERATIONS, AND A MITIGAT,ION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE PROPEI~.TY CONSISTING OF APPROXIMATELY 35.31 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMP"TELY 700 FEET WEST OF MARGARITA R0AD, KNOWN AS ASSESSORSPAF{CEl ~O(S). 959-080-0Q1 THROUGH 959-080-004 AND 959-080-007 THROUGH 1959-080-Q10 (PA04-0462, PA05-0302, PA04-0463, PA04-0571)." L On January 24, 2006, the City Council consideted the General Plan Amendment at a duly noticed public hearing as prescribed by 'aw~ 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. R:/Reses 200B/Reses OB.l1 z -"ie -, u I.. ~ I I I M. Following consideration of the entire record of infor~ation received at the public hearings and due consideration o~ the proposed Project, th~City Council adopted Resolution No. 06-06, approving the General Plan Amendment (plA04-0462). N. Two lawsuits were timely filed seeking to set aside the certification of the Final EIR and approval of the Project by the City Council of the City of Temecula. The lawsuit filed by Petitioners California Nurses Association (Riverside County Superior Court Case No. RIC 445394) was filed on February 24, 2006. The second suit, by Petitioners Citizens Against Noise and Traffic (Riverside County Superior Court Case No. RIC 445411), was filed on February 24, 2006. O. On May 3, 2007, the Riverside County Superior Court (hereafter, the "Court") ordered that the City of Temecula set aside its approvaljof the Project, and its certification of the Final EIR. In its Order, the Court concluded: that the EIR failed to adequately address construction noise impacts, siren noise irhpacts and mitigation measures for traffic impacts, and did not address potential imp~cts from underground methyl tertiary butyl ether (MTSE) plumes potentially generated I:ly three gas stations in the vicinity that might have the potential to migrate under the sit$, contaminate the soil on the site and generate unhealthful gas vapors. P. The Court also held that the Final Environmentalljnpact Report properly addressed: (1) cumulative noise, light and glare, and aesthetic inipacts; (2) landscaping mitigation deferral; (3) biological resources; (4) geology and sQilS mitigation; and (5) land use consistency. All other aspects of the Final EIR were unchallenged during the challenge period, and thus are presumed to be adequate along with those aspects specifically upheld by the Court. Q. On July 12, 2007, a scoping session was held to determine the extent of issues to be addressed in the Draft Supplemental Environmental Impact Report ("Draft SEIR") for the Project. R. In response to the Riverside County Superior Court's decision, a Draft Supplemental 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), PA07J0199 (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 Assessors Parcel No(s). 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 R/Reses ZOOB/Reses OB-11 3 I I I time the City staff and interested persons had an opportunity to, and did testify either in support of or opposition to this matter. 1. 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 Final Supplemental Environmental Impact Report for the Project, adopt a Statement of Overriding Considerations, 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. 08-02, recommending approval of the General Plan Amendment (PA07-0198). 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 Oevelopment 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 Assessors Parcel No(s). 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 General Plan Amendment (PA07-0198) 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. 08-10, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING A SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITO~ING AND REPORTING PROGRAM IN CONNECTION THEREWITH; AND RESCINDING THE PRIOR APPROVAL OF THE PROJECT AND CERTIFICATION OF A FINAL ENVIRONMENTAL IMPACT REPORT PURSUANT TO A COURT ORDER, ALL FOR THE TEM~CULA REGIONAL HOSPITAL PROJECT, LOCATED ON THE NORTH SIDE OF TEMECULA PARI<MJAY (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 (PA07-0198, PA07-0199, PA07-0202, PA07-0200 and PA07-0201)." R:/Reses ZOOB/Reses 08-11 4 I I I Y. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findinas. The City Council of the City of Temecula hereby makes the following findings: A. The amendment is consistent with the direction, goals and policies of the adopted General Plan. The goals and policies in the Land Use Element of the General Plan encourage "A diverse and integrated mix of residential, commercial, industrial, recreational, public and open space land uses (Goal 1)," "A City of diversified development character, where rural and historical areas are protected and co-exist with newer urban development (Goal 3)," and "A City compatible and coordinated with regional land use and transportation patterns (Goal 8)." The Project provides a regional use that is needed in the community and surrounding region. There is currently a lack of medical treatment facilities in the community capable of providing adequate medical care for the general population. The Project integrates public medical facilities necessary for the demand of the current and future population. The Project is situated adjacent to residential uses and a state highway. The Project has been designed to mitigate various potentially significant impacts via an environmental assessment in which circulation, noise, light and glare, biological and air quality has been reviewed and conditions of approval have been imposed so the Project can co-exist with the surrounding rural residential area. The Project is consistent with the purpose and intent of the Professional Office (PO) designation, which allows low and mid rise structures that provide uses such as community facilities. In addition, the Project is consistent with the development standards of the Development Code and associated Planned Development Overlay (PDO-9), including setbacks, parking, landscaping, lighting, lot coverage and height. The site is therefore properly planned and zoned and found to be physically suitable for the type of proposed use. The Project as conditioned is also consistent with other applicable requirements of State law and local ordinance, including the California Environmental Quality Act (CEQA). B. The amendment will not have a significant impact on the character of the surrounding area. The amendment is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures. The Project allowed by the amendment is compatible with the nature, condition and development of adjacent uses, buildings, and structures and as designed and conditioned the proposed conditional use will not adversely affect the adjacent uses, buildings or structures because there was an initial study prepared, which identified potentially significant environmental impacts and a mitigation monitoring program was adopted that mitigates potentially significant impacts such as traffic, air quality, noise, light and glare, and biological to a less than significant level. For example, access points have been designed to reduce the amount of traffic leaving the Project site towards residential areas by eliminating left turn options and focusing the primary access points along the state highway. Additional landscaping and berming are included in the conditions of approval to screen the height and reduce noise. The tallest buildings were relocated closer to the state highway, away from the residential area to reduce the appearance of height; this will also reduce the noise from the emergency room area. There are R/Resos 200B/Rases 08-11 5 j" - I I I conditions in place requiring helicopters arriving and leaving the Project site to utilize commercial and state highway corridors rather than residential areas. Emergency vehicles are required to turn off sirens upon entry to the project site, and sirens may only be used in emergency situations. The Project is a conditionally permitted use as has been designed and conditioned (including mitigation measures) in a manner that will reduce any potentially significant impacts to the surrounding neighborhood. The building and the site are designed to respect the surrounding area and uses and therefore will not adversely affect the adjacent uses, buildings or structures. C. The nature of the Project allowed by the amendment is not detrimental to the health, safety and general welfare of the community. The Project is a 320-bed hospital and a helipad. The nature of this use, as conditioned, is not detrimental to the health, safety and general welfare of the community because the Project is providing a service that is needed in the community and region and it has been designed to minimize any adverse impacts, including health, safety and general welfare to the surrounding community. The Project will actually contribute to the long term viability and longevity of the community by providing additional medical care facilities. In addition, prior to the issuance of any building permit, the California Office of Statewide Health and Planning Development (OSHPOD) as well as the City of Temecula Building Department and Fire Department will review the construction plans for compliance with the Uniform Building Code and Uniform Fire Code. D. The heliport is consistent with the requirements described in subsection 2 and 3 of Section 17.10.020.P of the Temecula Development Code. The proposed helipad facility is consistent with the requirements described in Section 17.10.020.P of the City of Temecula Development Code, including setbacks from parks, school and residentially zoned parcels. Section 3. Amendments to the General Plan Text. The City Council hereby amends the Land Use Element of the General Plan to remove eight subject parcels from the Z "Future Specific Plan" overlay designation and corresponding two-story height restriction for a site located on the north side Highway 79 South, approximately 700 feet west of Margarita Road, generally known as Assessor Parcel Numbers 959- 080-001 through 959-080-004 and 959-080-007 through 959-080-010 (Amending Figure LU-4 of the Land Use Element of the General Plan as shown on Exhibit A, Existing General Plan; Exhibit B Proposed General Plan attached hereto and incorporated herein as though set forth in full.) Section 4. Severability. The City Council hereby declares that the provisions of this Resolution are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Resolution to be invalid, such decision shall not affect the validity of the remaining parts of this Resolution. R:/Reses ZOO8lReses OB.11 6 . I I I Section 5. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of January, 2008. ATTEST: [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) ~~~MaYOr I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 08-11 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22nd day of January, 2008, by the following vote: AYES: 5 COUNCIL MEMBERS: NOES: 0 COUNCIL MEMBERS: ABSENT: 0 COUNCIL MEMBERS: COUNCIL MEMBERS: ABSTAIN: 0 R:/Reses ZOOB/Reses OB.l1 Comerchero, Edwards, Roberts, Washington, Naggar None None None . Jones, MMC City Clerk 7 - I &_<:I.7l." t~1. ' . ~~ I I land Use Exhibil A - Existing Figure LU-4 Specific Plan Areas C1T'IOF TfMECUtA GENERAL PUN Approved Bpoclnc PI.n. $1'. I fI~" 5P'211l1f!C11O~ :~::~~$ol iiiI'. ~OiIlaiwri (1'. 6 c...v.a. SP.1. ~_~Gef-I. sp.lJ ~.:4&ij'~lIiadrl7kn SP.t~ $1'.10 Wl~ SP.lt ~fWdI .sP.12'\WCtMk' SP-13........c:. P00-4 T~o..ill.Wago POO-$ AMdlo,PUiebb' .,oe Ndt~ 111&4 -'fItil!il:rioOllllVIM .2'3~~""'u.h:rwlt ':26SIo;t!:~ . 264 GWMOol.igo .286 ~-'IDO .231 c.olliifMy\Mlol U1:tMoi!ilnHlf FldllNlIptclnc P..... y 'I**PIM"-V Z Ipeicei::IlllnAtMl \ 'i l. ^ N D LI S E. ..---- - ----- / \ ,~ \. / / .,. J -_.../" ~...--- AU ---- ....._u..TAgS --~'7;:A.o ~~--- .--. ---- .~-----" _-w-----=:..,..__.-~------ ~ \ \ " _._ TiIl'MOMlCity~ .._.. ~d,"",*-=-~ - PIItflirQN.- ......:r_......c. ., "" -. -~~.::.:"lJ w*. 0 250 500 - S 'Feel L- -" ..__ _ u __. (. y <., I r r \\ r ( II l. :\ (, " I I( .\ l. I" I. \ " t 1 r ..Ii': . I I I <1;~.'i;. ~~,,,: L A N D u S E Figure LU-4 Specific Plan Areas CITY OF TENECULA GENERAL PLAN Approved Spoclllc PI... $P.I ~... p. 2 ft.-:tll:l........ p.:, w.rg...YJIigt ""4 '....~,0lIl6c! IP- 5 Qi:tTOM'i SP- &, c.poI,vw. sr. r .........~c.w... sp.. .......,.__..OWTblIln SPo' ......... CPoUt v.&bVl 11'.11 ~hlch aP-12 WilIe__ IP.13 PaWIIOft JlOO.4 t.....CnlMV.. POO-I Rm::tlI)P...... .,oe OIMItWlge 8'14 ~....".. .2IS~~ ,211& IknI Mpn _21M ~,OOl..llQO ._~11lXl '231 '~-"-\'IIItO .)1~ ....Hi1 Futuro lIpocllli: ...... y ~P'ItIAtMy l ,,**,...,Ntill .. ----7 ____1-/ 1--.- /.-. --- - // \ ~/ \ e ) _~_~_ I1l ----'^-"p,o _____ \ .:::::~_.~~::::::::~-'~~-_/ -.- '-""-~ ...__... lFiWIot~~ --- -~~--~~~~~ \_':._-_.~^-_.- --- ~ - N _---.~~- ___ '* 0 2IlO 500 ----~----- w s e.~ --~Z l y \.'\ I Land Use Exhibit B . Proposed T r il I l 1I l. ,\ (, ". I,. ;\ L ,'- I .-.\. , itl);;: