HomeMy WebLinkAbout16-28 PC Resolution PC RESOLUTION NO. 16-28
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 OF THE CITY OF
TEMECULA APPROVING 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) (PA14-2858)"
Section 1. Procedural Findings. The Planning Commission 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.
C. The Planning Commission, at a regular meeting, considered the Project
and environmental review on October 5, 2016, 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 or in opposition to this matter.
D. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in recommending
approval of the General Plan Amendment Application No. PA14-2858, hereby finds,
determines and declares that: General Plan Amendment Application No. PA14-2858 is
consistent with the General Plan for the City of Temecula and with all applicable
requirements of State law and other Ordinances of the City:
A. The General Plan Amendment is in the public interest.
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 pass by 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, office and restaurant uses,
intentional pedestrian-orient 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
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. Environmental Compliance Findings. The Planning Commission
hereby makes the following environmental findings and determinations in connection
with the approval of General Plan Amendment Application, PA14-2858:
A. Pursuant to the California Environmental Quality Act (CEQA), City staff
determined an Environmental Impact Report (EIR) of the potential
environmental effects of the approval of the Project, including the General
Plan Amendment Application would be necessary.
B. On June 25, 2015, a Notice of Preparation was released to all agencies
and persons that might be affected by the project.
C. On July 22, 2015, a scoping session was held, at which time City staff and
interested persons had an opportunity to determine the extent of issues to
be addressed in the Environmental Impact Report (EIR) for the Project.
D. Thereafter, the City contracted for the independent preparation of a Draft
EIR for the Project, including all necessary technical studies and reports in
support of the Draft EIR. The Draft EIR fully analyzed and disclosed the
Project's potential impacts on the environment, proposed mitigation
measures where appropriate to reduce potentially significant impacts to
the extent possible, and evaluated potential alternatives to the Project.
E. 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 Availability 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 Department of
Community Development, 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.
F. Nine written comments were received prior to the public hearing and a
response to all the comments made therein was prepared, submitted to
the Planning Commission and incorporated into the administrative record
of the proceedings.
G. On October 5, 2016, at a duly noticed public hearing as prescribed by law,
the Planning Commission considered the proposed Project and any
comments received prior to or at the public hearing, 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 proposed Project
and the EIR. The Project has been environmentally reviewed pursuant to
the provisions of CEQA and the State CEQA Guidelines. The Planning
Commission has reviewed and considered the Draft EIR and the Final EIR
and, in the exercise of its independent judgment, recommends that the
City Council certify the Final EIR, make appropriate environmental
findings, adopt a Statement of Overriding Considerations, and adopt a
Mitigation Monitoring and Reporting Program for the Project. The
Planning Commission further recommends that the mitigation measures
set forth therein be made applicable to the Project.
Section 4. Recommendation. The Planning Commission of the City of
Temecula recommends that the City Council adopt a Resolution approving Planning
Application No. PA14-2858, a General Plan Amendment application to revise the
General Plan designations of four existing parcels from Professional Office (PO) to
Community Commercial (CC) in the form attached to this Resolution as Exhibit "A",
attached hereto, and incorporated herein by this reference.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 5th day of October, 2016.
John Telesio, Vice Chairperson
ATTEST:
W A4
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L atsoh
Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby
certify that the forgoing PC Resolution No. 16-28 was duly and regularly adopted by
the Planning Commission of the City of Temecula at a regular meeting thereof held on
the 5th day of October, 2016, by the following vote:
AYES: 4 PLANNING COMMISSIONERS: TELESIO, TURLEY-TREJO, WATTS,
YOUMANS
NOES: 0 PLANNING COMMISSIONERS: NONE
ABSENT: 1 PLANNING COMMISSIONERS: GUERRIERO
ABSTAIN: 0 PLANNING COMMISSIONERS: NONE
Luke Watson
Secretary
EXHIBIT A
CITY COUNCIL RESOLUTION
RESOLUTION NO. 16-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION
PA14-2858, 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)
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 (collectedly "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 Department of Planning, located at City Hall, 41000 Main Street,
Temecula, California 92590; the Temecula Public Library located at 30600 Pauba Road;
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Resolution General Plan Amendment (PA14-2858).docx
Temecula Grace Mellman Community Library located 41000 County Center Drive; and
the City of Temecula website.
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-
recommending that the City Council certify the Final Supplemental 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- 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 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-
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- 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.
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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.
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,
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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
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 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 Landuse 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 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 its adoption.
Section 9. 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.
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PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this day of
Mike S. Naggar, Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
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. - was duly introduced and placed upon its first reading at a
meeting of the City Council of the City of Temecula on the day of I , and
that thereafter, said Resolution was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the day of by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
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EXHIBIT A
AMENDED ZONING MAP/GENERAL PLAN LAND USE MAP
Proposed General Plan Land Use
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