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Home My WebLink About08-14 CC Ordinance ORDINANCE NO. 08-14 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA FOR THE SANTA MARGARITA AREA ANNEXATION PRE-ZONING APPROXIMATELY 4,997 ACRES, LOCATED IMMEDIATELY SOUTHWEST OF THE PRE-EXISTING CITY OF TEMECULA BOUNDARY LINE, WEST OF INTERSTATE 15 AND NORTH OF THE SAN DIEGO COUNTY AND RIVERSIDE COUNTY BOUNDARY (PA07-0225) WITH ZONING DESIGNATIONS HILLSIDE RESIDENTIAL-SANTA MARGARITA (HR-SM) AND CONSERVATION DISTRICT-SANTA MARGARITA (OS-C- SM) 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 January 23, 2007, the City of Temecula City Council directed staff to initiate a feasibility study of an Annexation and Sphere of Influence Expansion of ' approximately 4,600 acres westerly of Interstate 15 southerly of the Santa Margarita River and northerly of San Diego County (the "Santa Margarita Area Annexation"). B. On March 6, 2007, the City of Temecula City Council adopted Resolution No. 07-23 to initiate proceedings for the Santa Margarita Area Annexation. C. On August 1, 2007, the City of Temecula initiated Planning Application No. PA07-0225 (a General Plan and Change of Zone Amendment) and Planning Application No. PA07-0226 (a Sphere of Influence Expansion and Annexation) in a manner in accord with the City of Temecula General Plan and Development Code which applications are hereby incorporated by reference, for the property consisting of approximately 4,997 acres located immediately southwest of the City of Temecula boundary, west of Interstate 15 and north of the San Diego County and Riverside County boundary (collectively the "Amendment'). D. The Amendment 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 ' September 22, 2008 through November 5, 2008 for a 45-day public review. RJOrds 2008/Ords 08-14 1 F. The Planning Commission, at a regular meeting, considered the Project and environmental review on November 19, 2008, at a duly noticed public hearing as prescribed by law, 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 this matter. G. Following consideration of the entire record before it at the public hearing and due consideration of the proposed Amendment the Planning Commission adopted Resolution No. 08-52 recommending that the City Council certify the EIR prepared for the Santa Margarita Area Annexation, adopt Findings pursuant to CEQA, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the Amendment. H. At the conclusion of the 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 Amendment, the Planning Commission adopted Resolution No. 08-53 recommending that the City Council approve the Project, including the Pre-Zoning. 1. On December 9, 2008, the City Council of the City of Temecula considered the project and the Final EIR, at a duly noticed public hearing as prescribed by law, and certified the Final EIR prepared for the Santa Margarita Area Annexation, adopted Findings pursuant to CEQA, adopted a Statement of Overriding Considerations, and adopted a Mitigation Monitoring and Reporting Program. J. On December 9, 2008, the City Council of the City of Temecula held a duly noticed public hearing on the proposed Pre-Zone and Zoning Amendment at which time all persons interested in the proposed Amendment had the opportunity to, and did, address the City Council on these matters. Following receipt of all public testimony the City Council closed the hearing. Section 2. Legislative Findings. The City Council in approving the Pre- Zoning, hereby finds, determines and declares that: A. The Proposed Amendment implements the direction, goals and policies of the City's General Plan. The proposed Pre-Zone implements the proposed and existing General Plan Land Use Designations, which ultimately implements the direction, goals and policies outlined within the City of Temecula General Plan. The Pre-Zone applies Zoning Districts within the Development Code to match the boundaries of the proposed General Plan Land Use Designations for the Santa Margarita Area Annexation. The Santa Margarita Area Annexation encompasses approximately 4,997 acres of which 4,284 acres propose Conservation-Santa Margarita (OS-C- SM) as the Zoning District to implement the Open Space (OS) General Plan Land Use Designation and 713 acres propose Hillside Residential-Santa R: Ords 2008rords 08-14 2 Margarita (HR-SM) as the Zoning District to implement the Hillside Residential (HR) General Plan Land Use Designation. The proposed Pre-Zoning for the Santa Margarita Area Annexation are consistent with goals, policies and implementation programs as outlined in the adopted City of Temecula General Plan including, but not limited to, the General Plan Land Use Policies identified within Table 3.4-3 of the EIR and the General Plan Goals, Policies and Implementation Programs as follows: -The Open Space Element (Water Resources Pages OS-23 and OS-24) calls for the protection of the Santa Margarita River from development impacts supported by Goal OS-2, Policies 2.1 and 2.9. -The Open Space Element (Biological Resources Pages OS-25 and OS- 26) emphasizes permanent dedication of open spaces in and around the community aimed to conserve resources of significance and safeguard viable ecological connections between significant natural areas supported by Goal OS- 3, Policies 3.1-3.7 (Policy 3.7 specifically indicates the City's policy to maintain and enhance the resources of the Santa Margarita River to ensure the long term viability of the habitat, wildlife and wildlife movement corridors). -The Open Space Element (Open Space Page OS-26 through Page OS- 28) recognizes that topographical features such as the western escarpment and ' southern ridgelines, as well as natural drainage courses and states that the environmental resources of the Santa Margarita River should be protected from insensitive development and activities, supported by Goal OS-5, Policies 5.1-5.3, and 5.8. -The Open Space Implementation Programs of the City of Temecula General Plan including OS-9; OS-10; OS-11; OS-12; OS-13; OS-14, OS-19; OS- 20, OS-21; OS-22; OS-25; OS-33; OS-34; OS-35. -The Land Use Element (Natural Resources and Community Aesthetics Page LU-47) indicates the importance of hillsides, which form an aesthetic backdrop for the community, and is supported by Goal LU-6, Policies 6.1, 6.3 and 6.4. -The Land Use Implementation Programs of the City of Temecula General Plan including LU-14; LU-18, LU-20; and LU-21. The propose Hillside Development Standards specifically address LU-19 which states, "Promote preservation of hillsides surrounding the community through the following actions: (1) Enforce hillside grading standards to naturalize the effects of grading; (2) Require the preservation of unique natural features; (3) Encourage a broad range of architectural and site planning solutions; and (4) Develop hillside development standards that consider site constraints in determining location, ' type and intensities of new development along the western escarpment and other surrounding hillside areas. RJOrds 20081Ords 08-14 3 The Zoning is contingent upon the ultimate approval by LAFCO approved. if ' approved, the proposed amendment will establish the framework to ensure development within the project area implements the directions, goals and policies related to the protection and preservation of natural and sensitive resources, habitat and the hillsides area as outlined within the City of Temecula General Plan. The General Plan Policies referenced herein are hereby incorporated into this Resolution by reference as if set forth in full. B. The proposed Amendment protects the research value of the Santa Margarita Ecological Reserve by prohibiting incompatible land uses within adjacent properties. The proposed zoning and development standards would protect the research value of the Santa Margarita Ecological Reserve ("SMER') by prohibiting incompatible land uses within adjacent properties. The majority of the project area is undisturbed and is in a pristine natural area, of which approximately 85% of the Santa Margarita Area Annexation boundary has been conserved as part of the SMER. Section 3. Pre-Zoning. ' A. The property as shown on Exhibit 1, and described in Exhibit 2, is hereby pre-zoned Hillside Residential - Santa Margarita (HR-SM), which shall become the zoning upon annexation of the property to the City. B. The property as shown on Exhibit 3 and described in Exhibit 4, is hereby pre-zoned Open-Space Conservation Santa Margarita (OC-C-SM), which shall become the zoning upon annexation of the property to the City. 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 S. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption, but will not become effective unless and until the Annexation of the Santa Margarita Area Annexation is approved by the Riverside County Local Agency Formation Commission. Section 6. The City Clerk shall certify to the adoption of this Ordinance and ' cause it to be published in the manner required by law. RJOrds 2008/Ords 08-14 4 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula ' this 16th day of December, 2008. Michael S. ag ar, Mayo ATTEST: QSusanW..[SEAL] 1 1 R:/Ords 2008/Ords 08-14 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. 08-14 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 9th day of December, 2008, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 16th day of December, 2008, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Roberts, Washington, Naggar NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None 1 Sus W. Jones, MMC City Clerk RJOrds 2008/Ords 08-14 6 Sa7YaMapaNaAnaAmexaMon ! 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