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HomeMy WebLinkAbout17-60 CC Resolution RESOLUTION NO. 17-60 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A GENERAL PLAN AMENDMENT APPLICATION TO REVISE THE GENERAL PLAN DESIGNATION OF THREE EXISTING PARCELS FROM PROFESSIONAL OFFICE (PO) TO MEDIUM DENSITY (M) RESIDENTIAL IN CONNECTION WITH THE CYPRESS RIDGE PROJECT (APNS: 961-450-003, 961-450-012, 961-450-013) (PA15-1894) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On December 21, 2015, John Fitzpatrick filed Planning Application Nos. PA15-1894, a General Plan Amendment; PA15-1895, a Zone Change/Planned Development Overlay; PA15-1893, a Tentative Tract Map; and PA15-1892 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. Collectively, the Project consists of a change in the General Plan designation on the site from Professional Office (PO) to Medium Density (M) residential and a rezone of the site from Professional Office (PO) to Cypress Ridge Planned Development Overlay District (to be known as PDO-15). PDO-15 is a series of standards and regulations that will govern all development on the property. These standards and regulations address architectural style, setbacks, and building height. Together, these regulations and standards seek to ensure cohesiveness in the design and aesthetic appearance, and compatibility with the surrounding community. In addition to the proposed PDO-15, the Project also includes a General Plan Amendment, Tentative Tract Map, and a Development Plan for the construction of 245 residential market rate units consisting of detached and attached cluster units and duplex/triplex units, the converstion of 0.67-acres of an off-site existing concrete drainage ditch into a landscaped infiltration basin, improvements to Pala Park and additional off-site landscape improvements north of the Project site along Pechanga Parkway. C. 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. D. 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 Resos 17-60 1 ' 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 March 2, 2017 through April 17, 2017. A Notice of Availability was also sent to adjacent property owners indicating a review period of March 2, 2017 through April 17, 2017. 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. E. On August 2, 2017, the Planning Commission considered the Final Environmental Impact Report (EIR), Planning Application Nos. PA15-1894, a General Plan Amendment; PA15-1895, a Zone Change/Planned Development Overlay; PA15- 1893, a Tentative Tract Map; and PA15-1892, a Development Plan, 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. F. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 17-24, "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE ENVIRONMENTAL IMPACT REPORT, ADOPT ENVIRONMENTAL FINDINGS PURSUANT TO THE ' CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE CYPRESS RIDGE PROJECT, CONSISTING OF APPROXIMATELY 22.73 ACRES GENERALLY LOCATED ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (APNS: 961-450-003, 961-450-012, 961-450-013)." G. 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. 17-25, "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL FO THE CITY OF TEMECULA APPROVING A GENERAL PLAN AMENDMENT APPLICATION TO REVISE THE GENERAL PLAN DESIGNATION OF THREE EXISTING PARCELS FROM PROFESSIONAL OFFICE (PO) TO MEDIUM DENSITY (M) RESIDENTIAL IN CONNECTION WITH THE CYPRESS RIDGE PROJECT (APN 961-450-003, 961-450- 012, 961-450-013). H. On August 2, 2017, 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 Resos 17-60 2 ' the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. I. Following the public hearing, the Council adopted Resolution No. 17-59 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE CYPRESS RIDGE PROJECT, CONSISTING OF APPROXIMATELY 22.73 ACRES, GENERALLY LOCATED ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (APNS: 961-450-003, 961-450-012, 961-450-013)." Resolution No. 17-59 and the findings therein are hereby incorporated by this reference as set forth in full. J. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Provisions for Fiscal Impact Payments The City and owner estimate that the increased costs to the City of providing public safety and other municipal services to the area resulting from the General Plan Amendment and change of zone for the Project will substantially exceed the municipal revenue from the Project ("City Services Deficit'). The City has received a Fiscal Impact ' Analysis, dated as of July, 2017 ("FIA"), documenting the City Services Deficit. The owners of the property within the Project, and their successors in interest, shall pay the City the sum of four hundred thirty nine dollars ($439) per residential dwelling unit within the Project each year as mitigation for the City Services Deficit. This amount is subject to an annual inflator of 5.6%. Owner and its successors to the property within the Project may fulfill this obligation through a community facilities district established by the City pursuant to the Mello-Roos Community Facilities District Act of 1982, Government Code Section 53311, et seq., or other appropriated financing mechanism approved by the City; provided, however, the obligation of each owner and their successors to pay the City Services Deficit payment under this obligation remains an obligation of the owner and its successors regardless of the financing mechanism used to pay it and regardless of whether there is a financing mechanism to pay it. Section 3. The City Council in approving the General Plan Amendment hereby finds, determines and declares that: General Plan Amendment A. The General Plan Amendment is in the Public Interest; The current General Plan designation for the Project area is Professional Office (PO). The amendment would change this to Medium Density (M) residential. The revised ' designation will allow the Project area to be consistent with the overall residential character of the Pechanga Parkway corridor. The General Plan Amendment is in the Resos 17-60 3 ' public interest because it provides for additional residential options, enhancements to Pala Park, inclusion of landscaping to a portion of Pechanga Parkway to beautify this area, and connectivity of trails in this portion of the city. 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 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 residential, and a public park. The project would provide for additional residential units that are in character with the surrounding built environment. ' 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 amendment will implement the goals and policies of the City's General Plan, provide for residential uses in an area comprised of residential development, and impose appropriate standards and requirements with respect to land development 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 land use pattern that protects and enhances residential neighborhoods" (Goal 5). The Project site is surrounded by existing residential and the current the Land Use designation is Professional Office (PO). A commercial office complex can be constructed on the Project site with the current land use designation. This type of use would be out of context with the residential of the surrounding area. The General Plan Amendment will allow for a market rate residential project to be located on the site by revising the land use designation to Medium Density (M) residential. Allowing residential development to occur in an area comprised of residential development will protect and enhance the existing neighborhoods. Section 4. Amendment to the Land Use Policy Map. The Land Use Policy Map Figure LU-3 in the Land Use Element of the General Plan is hereby amended to identify that the designation of Parcels APNs 961-450-003, 961-450-012 and 961-450-013 is changing from Professional Office (PO) to Medium Density (M) Residential as provided Resos 17-60 4 in Exhibit 'A" attached hereto incorporated herein by this reference as though set forth in ' full. Section 5. City Manager Authorization. The City Manager is hereby authorized and directed to take all steps necessary to implement this General Plan Amendment. Section 6. 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, in conformity 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 7. 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 8. Effective Date. This Resolution shall take effect upon the effective date of Ordinance No. 17-06 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA ZONING CODE TO ADD A NEW ARTICLE XVI (CYPRESS RIDGE PLANNED DEVELOPMENT OVERLAY DISTRICT 15) TO CHAPTER 17.22 (PLANNED DEVELOPMENT OVERLAY ZONING DISTRICT) ON A 22.73 ACRE SITE GENERALLY LOCATED ON THE NORTHEAST CORNER OF PECHANGA PARKWAY AND LOMA LINDA ROAD (APNS: 961-450-003, 961-450-012, 961-450-013) AND AMENDING THE TEMECULA ZONING MAP (PA15- 1895)." Section 9. Notice of Adoption. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 5th day of September, 2017. aryann Edwards, Mayor ATTEST• ' Randi Johl, City Clerk [SEAL] Resos 17-60 5 ' 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. 17-60 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 5th day of September, 2017, by the following vote: AYES: 3 COUNCIL MEMBERS: Naggar, Rahn, Edwards NOES: 1 COUNCIL MEMBERS: Stewart ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Comerchero Randi Johl, City Clerk Resos 17-60 6 Exhibit A PO I,��1• `,111 �.•• �• i 0. • Project Site `, . . 11 ` � ■ , 1 ►� CLU HO SEOR 10 Feet 1A, 1,000. OLF CREEK DR IV Proposed