HomeMy WebLinkAbout10-008 CC Resolution RESOLUTION NO. 10 -08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA EXTENDING THE TERM OF CERTAIN
LAND USE ENTITLEMENTS TO PERMIT THE
BEGINNING OF SUBSTANTIAL CONSTRUCTION OF THE
TEMECULA REGIONAL HOSPITAL PRIOR TO JANUARY
22, 2011 (PLANNING APPLICATION NO. PA09 -0362)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Findings. The City Council does hereby find, determine and
declare that:
A. On January 22, 2008, the City Council held a public hearing and approved
certain land use entitlements for a 320 -bed regional hospital "Hospital and ancillary
medical facilities consisting of two medical buildings, a cancer center and an fitness
rehabilitation center "Ancillary Facilities on approximately 35.31 acres north west of
the intersection of Temecula Parkway (formerly Highway 79 South) and Margarita
Road. The entitlements were issued to Universal Health Services of Rancho Springs,
Inc. "UHS Specifically the City Council on January 22, 2008 adopted the following
resolutions and introduced the following ordinance specifically describing the Hospital
and Ancillary Facilities and approving their construction;
1. Resolution No. 08 -10 "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TEMECULA TO CERTIFY THE SUPPLEMENTAL
ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE TEMECULA REGIONAL
HOSPITAL, ADOPT FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND
ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM IN
CONNECTION THEREWITH 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 -202; PA07- 0201)."
2. Resolution No. 08 -11 "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TEMECULA AMENDING THE GENERAL PLAN LAND USE
ELEMENT TO REMOVE EIGHT SUBJECT PARCELS FROM THE Z "FUTURE
SPECIFIC PLAN" OVERLAY DESIGNATION AND CORRESPONDING TWO STORY
HEIGHT RESTRICTION FOR A SITE ON THE NORTH SIDE OF HIGHWAY 79
SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD, AND KNOWN
AS ASSESSOR'S PARCEL NOS. 959 080 -001 THROUGH 959 080 -004 AND 959 -080-
007 THROUGH 959 080 -010 (PA07- 0198)."
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3. Resolution No. 08 -12 "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TEMECULA APPROVING CONDITIONAL USE PERMITS TO
ESTABLISH A 320 -BED HOSPITAL FACILITY AND A CONDITIONAL USE PERMIT
FOR A HELIPAD FOR A SITE LOCATED ON THE NORTH SIDE OF HIGHWAY 79
SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD, KNOWN AS
ASSESSOR'S PARCEL NOS. 959 080 -001 THROUGH 959 080 -004 AND 959 080 -007
THROUGH 959 080 -010 (PA07- 0202)."
4. Resolution No. 08 -13. "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN TO
CONSTRUCT A 408,160 SQUARE FOOT HOSPITAL, A HELIPAD, TWO MEDICAL
OFFICE BUILDINGS TOTALING 140,000 SQUARE FEET, A 10,000 SQUARE FOOT
CANCER CENTER AND AN 8,000 SQUARE FOOT FITNESS REHABILITATION
CENTER ALL TOTALING APPROXIMATELY 566,160 SQUARE FEET ON 35.31
ACRES, LOCATED ON THE NORTH SIDE OF TEMECULA PARKWAY (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- 0200)."
5. Resolution No. 08 -14. "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TEMECULA APPROVING TENTATIVE PARCEL MAP NO. 32468,
TO CONSOLIDATE EIGHT LOTS TOTALING 35.31 ACRES INTO ONE PARCEL,
LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700
FEET WEST OF MARGARITA ROAD AND KNOWN AS ASSESSOR'S PARCEL NOS.
959 080 -001 THROUGH 959 080 -004 AND 959 080 -007 THROUGH 959 080 -010
(PA07- 0201)."
6. Ordinance No. 08 -01 (Adopted on February 12, 2008). "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
ASSESSORS PARCEL NOS. 959 080 -001 THROUGH 959 080 -004 AND 959 -08 -007
THROUGH 959 080 -010 (PA07- 0199), AND RESCINDING ORDINANCE NO. 06 -01"
(adopted on February 12, 2008."
B. Condition No. 9 of the Conditional Use Permit approved by Resolution No.
08 -12 for the establishment of the 320 -bed hospital facility and Hospital helipad
"Hospital CUP provides that:
"This approval shall be used within two years of the approval date; otherwise it
shall become null and void. By use is meant the beginning of substantial
construction contemplated by this approval within the two -year period, which is
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thereafter diligently pursued to completion, or the beginning of substantial
utilization contemplated by this approval."
C. Condition No. 5 of the Development Plan approved by Resolution No. 08-
13 for the establishment of a 408,160 square foot hospital, a helipad, two medical office
buildings totaling 140,000 square feet, a 10,000 square foot cancer center and an 8,000
square foot fitness rehabilitation center "Hospital Development Plan provides that:
"This approval shall be used within two years of the approval date; otherwise it
shall become null and void. By use is meant the beginning of substantial
construction contemplated by this approval within the two -year period, which is
thereafter diligently pursued to completion, or the beginning of substantial
utilization contemplated by this approval."
D. The Hospital CUP and the Hospital Development Plan were approved on
January 22, 2008 and, therefore, the Hospital CUP and Hospital Development Plan
would expire on January 22, 2010 unless extended by the City Council pursuant to
Temecula Municipal Code 17.05.010.H. which section provides:
"The approving authority may, upon an application being filed within thirty days
prior to the expiration, grant a time extension of one year (up to three extensions
may be granted). Upon granting the extension, the approving body shall ensure
that the development plan complies with all development code provisions."
E. On December 30, 2009 UHS filed an application with the City seeking an
Extension of Time pursuant to 17.05.010.H. for the Hospital CUP and Hospital
Development Plan to allow it to construct the Hospital during 2010. UHS subsequently
filed a document that included a "Justification for Extension of Time" and 'Temecula Medical
Campus Development Timeline" as part of its application for extension.
F. In order to construct the Hospital, UHS was required to obtain the
approval of the plans for the Hospital from the California Office of Statewide Health
Planning and Development "OSHPD
1. On October 11, 2005, UHS filed its application with OSHPD for
State approval of the Hospital.
2. On December 17, 2009 OHSPD approved the plans for 178 beds
for the Hospital.
G. Until the OSHPD approval was received UHS could not begin construction
of the Hospital.
H. The OSHPD approval at the end of the two -year period has delayed
construction of the Ancillary Facilities as well as the Hospital itself;
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1. The Hospital CUP and the Hospital Development Plan provide that
Ancillary Facilities are dependent on the completion of the Hospital and cannot be
developed without the Hospital.
2. Moreover, the Statement of Overriding Considerations approved in
Resolution No. 08 -10 as part of the certification of the Final Environmental Impact
Report acknowledges the significant and unavoidable adverse environmental impacts
consisting of short term and long term air quality impacts, noise impacts, and direct and
cumulative traffic impacts associated with the Hospital and Ancillary Facilities. The
Statement of Overriding Considerations approved by Resolution No. 08 -10 found,
however, that the substantial benefits to the community of the development of the health
care facilities provided by the Hospital in a region grossly underserved by hospital
facilities would outweigh the adverse environmental impacts described in the EIR. The
CEQA approval of the Ancillary Facilities is conditioned on the completion of the
Hospital.
3. The Ancillary Facilities, therefore, cannot be constructed without
the concurrent or prior construction of the Hospital.
With the approval of the Hospital by OSHPD, there are no further
impediments to the beginning of substantial construction of the Hospital in 2010 and
UHS is now fully able to diligently pursued construction of the Hospital to completion.
J. The development plans approved by Resolution Nos. 08 -12 and 08 -13,
described in Section 1(a) of this Resolution, continue to comply with all development
code provisions.
K. As described in Section 1(a)(1), the City Council adopted Resolution No.
08 -01 on January 22, 2008 that certified the Final Environmental Impact Report and
Mitigation Monitoring Program for the Hospital and the Ancillary Facilities on January
22, 2008 "EIR There are no new significant effects, no increase in the severity of
previously identified effects, no new mitigation measures and no change in the
mitigation measures previously approved by Resolution No. 08 -01. The City Council
finds pursuant to Sections 15162 and 15163 of the California Environmental Quality Act
Guidelines (14 Cal. Code Regs. 15000 et seq.) that a supplemental or subsequent
EIR need not be prepared, and that the City may rely on the EIR in approving the
extension of the Hospital CUP and the Hospital Development Plan. The Director of
Planning and Redevelopment shall file a Notice of Exemption as required by the
California Environmental Quality Act.
Section 2. Extension of Land Use Approvals.
A. In consideration of the findings set forth in this Resolution, the City Council
hereby extends from January 22, 2010 to January 22, 2011 the period for beginning
substantial construction of the Hospital and the Ancillary Facilities as described in
Condition of Approval No. 9 of Resolution No. 08 -12 and Condition of Approval 5 of
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Resolution No. 08 -13. In construing the phrase "beginning of substantial construction
contemplated by this approval" as used in Condition No. 9 of Resolution No. 08 -12 and
Condition No. 5 of Resolution No. 08 -13 the Council will consider the following schedule
of actions required to begin substantial construction of the Hospital in 2010: (1) the
submission by UHS of all documents required for the City to issue a grading and a
building permit for the Hospital on or before April 30, 2010; (2) the award of a
construction contract for the Hospital by July 1, 2010; (3) commencement of actual
construction of the Hospital foundations by October 1, 2010; and (4) diligent progress
on the construction of the Hospital thereafter.
B. In approving the extension of the land use entitlements for the Hospital
and Ancillary Facilities as provided in Section 2(a), the City Council does not approve
the "Temecula Medical Campus Development Timeline" described in UHS' application
for an extension. In order to implement a phasing program, UHS will need to file for a
major modification of the entitlements described in Section 1. of this Resolution and
fulfill all requirements of such a major modification, including, without limitation,
fulfillment of the requirements of the California Environmental Quality Act. Nothing in
this Resolution is intended to nor shall be construed as any approval or endorsement of
such a timeline.
Section 3. Certification. The City Clerk shall certify to the adoption of this
Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 26th day of January, 2010.
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Jeff Comerchero, Mayor
ATTEST:
At
Susan W Jo es, MMC
City Cler.
[SEAL]
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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 Resolution No. 10 -08 was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 26th day of January, 2010, by the
following vote:
AYES: 5 COUNCIL MEMBERS: Edwards, Nagger, Roberts, Washington,
Comerchero
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
Susan Jones, MMC
City Clerk
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