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Home My WebLink About16-64 CC Resolution RESOLUTION NO. 16-64 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A GENERAL PLAN AMENDMENT APPLICATION TO REVISE THE GENERAL PLAN DESIGNATIONS OF FOUR PARCELS FROM PROFESSIONAL OFFICE (PO) TO COMMUNITY COMMERCIAL (CC) (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PA14-2858) THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY FINDS, DETERMINES AND RESOLVE AS FOLLOWS: Section 1 . Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-0167, a Zone Change/Planned Development Overlay. On November 3, 2014, Tony and Amir Dehbozorgi filed Planning Application Nos. PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; and PA14-2709, a Conditional Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2710, a Conditional Use Permit for a drive-thru facility. ' On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application PA14- 2858, a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985, a Sign Program. On January 21 , 2016, Sherrie Munroe, on behalf of B&P Oil Services, filed Planning Application PA16-0090, a Development Plan. These applications (collectively "Project') were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. 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. C. An Environmental Impact Report (EIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from May 31 , 2016 through July 14, 2016. A Notice of Completion was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have been available for public review and inspection at the offices of the Community Development Department, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public ' Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. Resos 16-64 1 D. On October 5, 2016, the Planning Commission considered Planning ' Application Nos. PA14-0167, a Zone Change and Planned Development Overlay; PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; PA14-2709, a Conditional Use Permit for a gas station; PA14-2710, a Conditional Use Permit for a drive-thru facility; PA15-0985, a Sign Program; PA16-0090, a Development Plan; PA14- 2858, a General Plan Amendment, and the Final Environmental Impact Report ("EIR"), 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. E. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 16-27 recommending that the City Council certify the Final Environmental Impact Report for the Project, adopt a Statement of Overriding Considerations, and approve a Mitigation Monitoring Program for the Project. F. 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. 16-28 recommending that the City Council adopt Planning Application No. PA14-2858, A General Plan Amendment Application to Revise the General Plan Designation of Four Existing Parcels from Professional Office (PO) to Community Commercial (CC) (APN 922-170-014, 922-170-015, 922-170-013, and 922- , 170-012). G. On November 15, 2016, the City Council of the City of Temecula considered the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations, 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 EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. H. Following the public hearing, the Council adopted Resolution No. 16-63 certifying the EIR, adopting a Mitigation Monitoring and Reporting Program and a Statement of Overriding Considerations, and adopting findings pursuant to CEQA. Resolution No. 16-63 and the findings therein are hereby incorporated by this reference as set forth in full. I. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Project hereby finds, determines and declares that: General Plan Amendment ' A. The General Plan Amendment is in the public interest. Resos 16-64 2 The current General Plan designation for the proposed project area is Professional Office (PO). The proposed amendment would change this to Community Commercial (CC). The revised designation will allow the project area to be consistent with the overall commercial character of the Temecula Parkway corridor. The General Plan Amendment is in the public interest because it provides for additional commercial service options that are consistent with the Temecula Parkway corridor, for citizens, as well as passby traffic on Interstate 15. B. The General Plan Amendment is compatible with the health, safety and welfare of the community. The General Plan Amendment is compatible with the health, safety, and welfare of the community. The General Plan Amendment will ensure compliance with all Building, Fire, and Development Codes. These codes set policies and standards that protect the health, safety and welfare of the community. In addition, the General Plan Amendment is tied to a Planned Development Overlay that establishes specific building design guidelines and standards that ensure compatibility and interface with the surrounding community. Therefore, the General Plan Amendment is compatible with the health, safety and welfare of the community. C. The General Plan Amendment is compatible with existing and surrounding uses. The proposed General Plan Amendment is compatible with surrounding land uses. The current land uses north, east and west of the project area consist primarily of commercial, residential, and a park and ride facility. The project would provide for a mix of commercial land uses that can be utilized by the surrounding residential. D. The amendment will not have an adverse effect on the community and are consistent with the goals and policies of the adopted General Plan. The proposed General Plan Amendment is consistent with the direction, goals and policies of the General Plan. The General Plan amendments will implement the goals and policies of the City's General Plan, provide balanced and diversified land uses, and impose appropriate standards and requirements with respect to land development and use in order to maintain the overall quality of life and the environment within the City. The goals and policies in the Land Use Element of the General Plan encourage "a complete and integrated mix of residential, commercial, industrial, public and open space land uses" (Goal 1), and "a City of diversified development character, where rural and historical areas are protected and co-exist with newer urban development" (Goal 3). The project's land use mix will include commercial, retail and restaurant uses, intentional pedestrian-oriented design of pathways and sidewalks that will maximize the connectivity of the area. This will ensure that locally-owned and operated business and services will continue to thrive, side-by-side with the new wave ' of entrepreneurial ventures. The proposed General Plan Amendment will result in compatible future development, which will meet the recommended land use and Resos 16-64 3 circulation pattern, maximum density and intensity of development, a desired mix of uses and other factors consistent with the goals and policies of the General Plan. Section 3. Amendment to General Plan Text. The City Council approves and amends the Land Use Element of the General Plan to revise the existing General Plan designation from Professional Office (PO) to Community Commercial (CC) and amends Figure LU-11 of the Land Use Element of the General Plan as shown on Exhibit A, "Proposed General Plan" attached hereto and incorporated herein as though set forth in full. Section 4. City Manager Authorization. The City Manager is hereby authorized and directed to take all steps necessary to implement this General Plan Amendment. Section 5. Consistency with General Plan. The Land Use Element of the General Plan, as amended by this Resolution, is consistent with the other elements of the General Plan, consistent with Government Code Section 65300.5. Insofar as other portions of the General Plan need to be revised to effectuate this General Plan Amendment, the City Clerk is hereby authorized and directed to make all necessary revisions to effectuate this General Plan Amendment. Section 6. Severability. If any portion, provision, section, paragraph, ' sentence, or word of this Resolution 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 Resolution 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 Resolution. Section 7. Effective Date. This Resolution shall take effect upon its adoption. Section 8. Notice of Adoption. The City Clerk shall certify to the adoption of this Resolution and cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 15th day of November, 2016. A, 1 Michael S. Naggar, Mayor ATT Rands City Clerk [SEAL] Resos 16-64 4 STATE OF CALIFORNIA ) ' COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 16-64 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 15th day of November, 2016, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, McCracken, Rahn, Naggar NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk Resos 16-64 5 Proposed General Plan Land Use �s VL VL 1 11 VL 1 ' + 1 J� IR�1 AW =1+ 5 _ HT o PO t,. Proposed Zoning �d VL VL e �I° VL