HomeMy WebLinkAbout10-09 CC Ordinance ORDINANCE NO. 10 -09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING A COMPREHENSIVE
AMENDMENT TO THE OLD TOWN SPECIFIC PLAN
(LR10 -0011)
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 February 9, 1994, the City Council of the City of Temecula approved
the Old Town Specific Plan and on February 22, 1994 the City Council of the City of
Temecula adopted the Old Town Specific Plan.
B. Various amendments to the Old Town Specific Plan were adopted by the
City Council of the City of Temecula since February 22, 1994.
C. The proposed amendment to the Old Town Specific Plan is a
comprehensive amendment to replace all sections of the Old Town Specific Plan with
new and updated information. In addition, an amendment to the City's Zoning Map,
General Plan Land Use Policy Map and Specific Plan Area Map modifies the boundary
of the Old Town Specific Plan to incorporate an additional 2.4 acres into the Old Town
Specific Plan located south of First Street along the west side of Old Town Front Street
and excludes 2.3 acres from the Old Town Specific Plan located west of the intersection
of Sixth Street and Pujol Street. An amendment to the General Plan Land Use Policy
Map includes a new land use designation of "Specific Plan Implementation (SPI)"
applied to all properties within the Old Town Specific Plan area. An amendment to the
Land Use Element of the City's General Plan defines the land use designation Specific
Plan Implementation (SPI) to ensure properties within the land use designation Specific
Plan Implementation (SPI) are regulated by the provisions of the Specific Plan. An
amendment to the Circulation Element of the City's General Plan adds a provision
allowing for intersection level of service as identified in a Specific Plan. ( "Project ").
D. The Project was processed including, but not limited to a public notice, in
the time and manner prescribed by State and local law, including the California
Environmental Quality Act.
E. A Draft Environmental Impact Report ( "EIR ") 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
March 1, 2010 through April 14, 2010 for a 45 -day public review. Copies of the
documents have been available for public review and inspection at the offices of the
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Department of Planning, located at City Hall 43200 Business Park Drive, Temecula,
California 92590.
F. The Old Town Local Review Board, at a regular meeting, considered the
Project on April 12, 2010 at which time the public and the Old Town Local Review Board
provided comments to staff and recommended approval of the Project.
G. On April 21, 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 April 21, 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 draft Environmental Impact Report.
H. Following consideration of the entire record before it at the public hearing
and due consideration of the proposed Project the Planning Commission recommended
that the City Council certify the Environmental Impact Report prepared for the Project,
adopt Findings pursuant to CEQA, adopt a Statement of Overriding Considerations, and
adopt a Mitigation Monitoring and Reporting Program for the Project.
I. 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 the Old
Town Specific Plan Amendment, General Plan Amendment and Title 17 Zoning Map
Amendment.
J. On May 11, 2010, the City Council of the City of Temecula considered the
Project and the Environmental Impact Report, 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 Environmental Impact Report prior to and at the
public hearing.
K. Following the public hearing, the Council adopted Resolution No. 10 -36
certifying the Environmental Impact Report, and adopted Findings pursuant to CEQA,
adopted a Statement of Overriding Considerations, and adopted a Mitigation Monitoring
and Reporting Program.
L. 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);
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The proposed Specific Plan Amendment and associated revisions to the General
Plan conform to the existing policies within the City of Temecula General Plan.
The General Plan Land Use Element, as noted page LU -26, anticipates that the
City will provide comprehensive planning of large areas and identifies the Old
Town Specific Plan as a specific plan area. Minor General Plan revisions will
provide that the new provisions of the Old Town Specific Plan are integrated into
the City's General Plan and are required so that the Old Town Specific Plan can
be updated to continue to support the City's General Plan objectives for the area
as outlined on Page LU -29, including preserving historic character, enhancing
economic vitality, improving public facilities and services, circulation, parking and
encouraging infill development. The Project also complies with all applicable
Development Code Standards required for Specific Plan amendments including
Section 17.16.060 (amendments to approved plans) and Section 17.01.040
(relationship to general plan) and is consistent with the City of Temecula General
Plan goals, policies and objectives. Furthermore, the proposed Comprehensive
Amendment to the Specific Plan meets the findings as outlined in the Temecula
Municipal Code Section 17.16.020.
B. The proposed Specific Plan Amendment would not be detrimental to the
public interest, health, safety, convenience or welfare of the City;
The proposed Specific Plan Amendment provides for development standards
that would ensure the public interest, health, safety, convenience or welfare of
the City. Careful deliberation of location, lot dimensions and physical topography
of all properties within the Old Town Specific Plan have been considered for each
designated planning area regarding anticipated uses and development potential.
The Old Town Specific Plan contains design guidelines and development
standards that provide site planning, allowable uses, architectural design,
landscape, street and sidewalk regulations anticipated to enhance the public's
interest, health safety, convenience and welfare of the City. The proposed mixed
use designations will provide additional conveniences for city residents to live,
work and shop within walking distance. The proposed Specific Plan Amendment
has been reviewed pursuant to the City's General Plan and all applicable State
laws and has been found to be consistent with the policies, guidelines, standards
and regulations intended to ensure that development within the Old Town
Specific Plan area will be constructed and function in a manner consistent with
the public health, safety and welfare.
C. The subject property is physically suitable for the requested land use
designations and the anticipated land use developments;
The subject area of the Old Town Specific Plan consists of approximately 153
acres. As outlined in the Land Use Element of the City's General Plan (page LU-
32), the purpose of Specific Plans is to provide a comprehensive planning
document for large areas so that a coordinated planning approach is provided for
all anticipated land use developments. A variety of Land Use Designations have
been applied to various areas within the Specific Plan including Downtown Core
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District (DTC), Downtown Core /Hotel Overlay District (DTC /HO),
Residential/Limited Mixed Use District (R/LMU), Neighborhood Residential
District (NR), Civic District (CV) and Open Space (OS). Careful deliberation of
location, lot dimensions and physical topography of all properties with the Old
Town Specific Plan have been considered for each designated land use district
regarding anticipated uses and development potential. As such, the entire
project area has been reviewed based on existing structures and future build out
potential and is physically suitable for the land use designations provided by the
Amended Old Town Specific Plan.
D. The proposed Specific Plan Amendment shall ensure the development of
desirable character which will be compatible with existing and proposed development in
the surrounding neighborhood;
As identified within the City's General Plan Land Use Element, page LU -30, Old
Town Temecula is a strong identification point for the City and the City desires to
ensure that Old Town remains a focal point for social, cultural, civic, tourist and
economic development activities. The Old Town Specific was originally adopted
to support and complement the desirable character of Temecula's downtown and
the Amended provisions of the Old Town Specific further support its downtown
character. The City's General Plan Land Use Element states that the City will
continue to implement the Old Town Specific Plan and will modify or amend it as
needed to respond to development trends in the area (LU -40). As such, the
Amended Old Town Specific Plan provides guidelines that enhance the area
economically, preserves its historic cultural and ensure the development of a
desirable character compatible with existing and proposed development in Old
Town and the surrounding neighborhood.
Section 3. The City Council hereby amends the existing City of Temecula Old
Town Specific Plan dated February 8, 1994 as amended last on June 13, 2006 in its
entirety with the amended and restated City of Temecula Old Town Specific Plan dated
May 25, 2010 on file with the City of Temecula City Clerk's office.
Section 4. Severability. 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.
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PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 25 day of May, 2010.
Jeff Comerchero, Mayor
ATTEST:
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[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 Ordinance No. 10 -09 was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the 11 day of May, 2010, 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 May, 2010, the following vote:
AYES: 5 COUNCIL MEMBERS: Edwards, Naggar, 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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