HomeMy WebLinkAbout08-01 CC Ordinance
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ORDINANCE NO. 08-01
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),
AND RESCINDING ORDINANCE NO. 06-01
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Procedural Findinas. The City Council 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 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 70 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.
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.
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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 8,
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
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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. 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 approval of 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 impacts and mitigation
measures for traffic impacts, and did not address potential impacts from underground
methyl tertiary butyl ether (MTBE) plumes potentially generated by three gas stations in
the vicinity that might have the potential to migrate under the site, contaminate the soil
on the site and generate unhealthful gas vapors.
P. The 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. 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.
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S. On January 9, 2008, the Planning Commission considered Planning
Application Numbers 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 ofTemecula
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 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. 08-03, 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 Assessors Parcel No(s). 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; 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 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 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. 08-10,
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,
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ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING
A MITIGATION MONITORING 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 TEMECULA REGIONAL HOSPITAL PROJECT,
LOCATED ON THE NORTH SIDE OF TEMECULA PARKWAY (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)."
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. Rescission of Prior Approval. The City Council of the City of
Temecula hereby rescinds its approval of Ordinance No. 06-01, amending the Official
Zoning Map of the City of Temecula from Professional Office (PO) and Planned
Development Overlay (PDO-B) to Planned Development Overlay-9 (PDO-9) and adding
Sections 17.22.200 through 17.22.206, to the Temecula Municipal Code (PA05-0302).
Section 3. Zone Chanae. 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-B)
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 Assessors Parcel No(s).
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 4. 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).
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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.
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 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.
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Section 6. 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 1ih day of February, 2008.
'-~~
~ Michael. Na gar, Mayor
ATTEST:
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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. 08-01 was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the 22nd day of January, 2008,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 1ih day of February, 2008, by the following
vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
I
n W. Jones, MMC
City Clerk
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