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HomeMy WebLinkAbout10-10 CC Ordinance ORDINANCE NO. 10 -10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A ZONE CHANGE TO AMEND THE CITY'S ZONING MAP (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 Department of Planning, located at City Hall 43200 Business Park Drive, Temecula, California 92590. RJOrds 2010 /Ords 10 -10 1 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 Zone Change hereby finds, determines and declares that: A. The proposed Zone Change is consistent with the General Plan and Development Code; The proposed Zoning Map Amendment conforms to the City of Temecula General Plan, The General Plan Land Use Element specifically anticipates that parcels south of Santiago along Old Town Front Street would be zoned to allow for a mixed use overlay in place of its Service Commercial Zoning District. As R: /Ords 2010 /Ords 10 -10 2 such, rezoning 2.4 acres of this area from Service Commercial Zoning as part of the Downtown Core Zoning District of the Old Town Specific Plan conforms to the General Plan Land Use Element since the provisions of the proposed Downtown Core Zoning District of the Old Town Specific Plan encourage and promote development of mixed use projects. In addition, as part of this Project, the removal of 2.3 acres from the Specific Plan of territory located west of the Pujol StreeVSixth Street intersection is also consistent with the General Plan since the territory will retain its General Plan Land Use Designation of High Density Residential (H) and the parcels will be rezoned High Density Residential (H). This Zoning Amendment is also consistent with Development Code Section 17.02.020 "Consistency between the General Plan and Zoning Districts" matrix which provides guidelines for zoning consistency. The Zoning Map Amendment complies with all applicable policies, guidelines, standards and regulations of the General Plan and Development Code. B. The proposed Zone Change would not be detrimental to the public interest, health, safety, convenience or welfare of the City; The provisions of the proposed Old Town Specific Plan that will regulate 2.4 acres being rezoned into the Old Town Specific Plan, as well as the provisions of Title 17 of the Temecula Municipal Code that will regulate 2.3 acres being rezoned as High Density Residential, will govern the development of the properties including site design, building height, setbacks, parking, circulation, and other associated site improvements and these provisions are intended to protect the health and safety of those working in and around the site. The project is consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed, and function in a manner consistent with the public health, safety, and welfare. C. The subject property of the Zone Change is physically suitable for the requested land use designations and the anticipated land use developments; The proposed zone change has been analyzed as physically suitable for the anticipated land uses and development projects that are permitted to occur for the subject properties. The 2.3 acres being rezoned as High Density Residential will allow for the same residential density (12 -20 units per acre) development potential as exists under its current zoning designation. Multifamily residential development is anticipated on this property by its existing High Density Residential zoning designation. While the topography of the 2.3 acres is rolling hills, the property is physically capable of accommodating multifamily with the appropriate site design and a variety of building types that would be able to be constructed on the site. In addition, its location would provide residences extraordinary views of Temecula. The 2.4 acres that is being rezoned from Service Commercial Zoning into the Old Town Specific Plan designated as Downtown Core is primarily vacant flat land currently used as a U -haul truck storage area. The property is located at the entrance of the Old Town Specific Plan area and is capable of development that could accommodate commercial or R: /Ords 2010 /Ords 10 -10 3 residential units with a variety of building types as permitted by the proposed Downtown Core Zoning Designation. The standards within each proposed zone for both areas being rezoned provides guidelines that are suitable for their anticipated land use developments. D. The proposed Zone Change shall ensure the development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood; The proposed zone change will remove 2.3 acres from the existing Old Town Specific Plan (SP -5) /High Density Residential Zoning Designation and rezone the parcels as City of Temecula Zoning Map /High Density Residential which provides substantially the same the land use development capability as contemplated by its current zoning and is compatible with existing and anticipated high density residential development in the surrounding neighborhood. The proposed zone change will also integrate 2.4 acres into the Downtown Core Zoning District of the Old Town Specific Plan which will ensure that the character of future development is compatible with the area and the south entrance of the Old Town Specific Plan area. Section 3. The City Council hereby amends the City's Zoning Map, as described and illustrated in Exhibit 1, attached hereto and incorporated herein as though set forth in full, to modify the boundaries of SP -5 (Old Town Specific Plan) to incorporate an additional 2.4 acres located south of First Street along the west side of Old Town Front Street into the Old Town Specific Plan to be zoned SP -5 (Old Town Specific Plan) and exclude 2.3 acres located west of the intersection of Sixth and Pujol from the Old Town Specific Plan to be zoned as High Density Residential (H). 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. RJOrds 2010 /Ords 10 -10 4 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 25 day of May, 2010. Jeff Comerchero, Mayor ATTEST: Susan . Jones MMC i Cl k [SEAL] R:JOrds 201 Words 10 -10 5 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 -10 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 RJOrds 2010 /Ords 10 -10 6 EXHIBIT 1 I An F -CALIFORNIA RD u Y- BAR - sT 3 - Zoning Map CITY OF TEI4ECULA l: SPECIFIC PLAN (SP -5) VERY LOW DENSITY RESIDENTIAL (Vl) 0 Q LOW DENSffY RESIDENTIAL (L -1) ® LOW DENSITY RESIDENTIAL (L -2) b LOW MED DENSITY RESIDENTIAL ( LM) -- THRD T MEDIUM DENSITY RESIDENTIAL (M) - HIGH DENSITY RESIDENTIAL (H) - HILLSIDE RESIDENTIAL (HR) ® BUSINESS PARK (BP) E O D S LIGHT INDUSTRIAL (1-0 - COMMUNITY COMMERCIAL (CC) _ HIGHVWY/TOURIST COMMERCIAL (HT) PROFESSIONAL OFFICE (PO) _ NEIGHBORHOOD COMMERCIAL (NC) FRET-S - SERVICE COMMERCIAL (SC) ®, PUBLIC INSTITUTIONAL (PI) - PLANNED DEVELOPMENT OVERLAY (PDO) - SPECIFIC PLAN (SP) `� SPACE (OS) - PUBLIC PARK / RECREATION (PR) - CONSERVATION (OS-C) TRIBAL TRUST 0 75 150 300 450 600 Feet cprW�crgo p4+us'iYnr Ml b.- ramp b 0. a h & —d