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HomeMy WebLinkAbout10-04 CC Ordinance ORDINANCE NO. 10 -04 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA FOR THE SANTA MARGARITA AREA ANNEXATION NO. 2 PRE - ZONING APPROXIMATELY 4,510 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 WITH ZONING DESIGNATIONS HILLSIDE RESIDENTIAL -SANTA MARGARITA (HR -SM) AND CONSERVATION DISTRICT -SANTA MARGARITA (OS -C -SM) (LR09 -0024) 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 December 9, 2008, the City Council adopted Resolution No. 08 -110 certifying the Final Environmental Impact Report prepared for the Santa Margarita Area Annexation (No. 1), a proposed expansion of the City of Temecula's Sphere of Influence ' and Annexation to the City of Temecula and the Temecula Community Services District of approximately 4,997 acres located immediately southwest of the City of Temecula Boundary line, west of Interstate -15. The City Council also adopted findings pursuant to the California Environmental Quality Act, adopted a statement of overriding considerations and adopted a mitigation monitoring and reporting program in connection therewith (collectively, "Certified Final Environmental Impact Report" or "Certified Final EIR "). B. On December 9, 2008, the City Council adopted Resolution Nos. 08 -111 and 08 -112 to apply to the Local Agency Formation Commission ( "LAFCO ") for an expansion of the City of Temecula's Sphere of Influence and Annexation to the City of Temecula and the Temecula Community Services District of approximately 4,997 acres located immediately southwest of the City of Temecula Boundary line, west of Interstate -15 ( "Santa Margarita Annexation Area ") C. On December 9, 2008, the City Council adopted Resolution No. 08 -113 amending the General Land Use Map within the Santa Margarita Area Annexation, contingent upon LAFCO's approval of the annexation. D. On December 9, 2008, the City Council adopted Ordinance No. 08 -14 prezoning the territory of the Santa Margarita Area Annexation, contingent upon ' LAFCO's approval of the annexation. E. On December 9, 2008, the City Council adopted Ordinance No. 08 -15 amending the official zoning map of the City of Temecula by adopting zoning R: /Ords 201 Words 10 -04 1 designations Hillside -Santa Margarita (SM) and Open Space Conservation District — Santa Margarita (OS -C -SM) and adopting Hillside Development Standards for the Santa Margarita Area Annexation, contingent upon LAFCO's approval of the annexation. F. Thereafter, the City of Temecula submitted to LAFCO a Sphere of Influence Amendment Application and Annexation Application along with requisite application submittal documents in connection therewith for the Santa Margarita Area Annexation proposal ( "LAFCO Applications "). G. On May 12, 2009, the City Council adopted Resolution No. 09-42 confirming that the proposal for the Santa Margarita Area Annexation was pursuant to the Cortese - Knox - Hertzberg Local Government Reorganization Act of 2000, commencing with Section 56000 of the California Government Code. H. On June 4, 2009, LAFCO denied the LAFCO Applications made by the City for the Santa Margarita Area Annexation proposal and approved the City's Municipal Service Review; and adopted resolutions in connection therewith on June 25, 2009. I. On July 23, 2009, the City of Temecula submitted an Application for Reconsideration by LAFCO of the LAFCO Applications for the Santa Margarita Area Annexation proposal. The City's proposal removed approximately 487 acres of the southeast corner of the uninhabited 4,997 -acre Santa Margarita Area Annexation ' territory, and included revised boundaries of the Sphere of Influence expansion from 4,443 acres to 4,126 acres to match the boundaries of the area to be annexed to the City of Temecula and the Temecula Community Services District comprising of 4,510 acres of that certain uninhabited territory located immediately southwest of the City of Temecula boundary line, west of Interstate 15, and north of the San Diego /Riverside County boundary as depicted on the maps attached hereto as Exhibits 1 and 3, and incorporated herein as though set forth in full ( "Santa Margarita Area Annexation No. 2 "). J. On September 24, 2009 LAFCO denied the City's Application for Reconsideration and determined the City of Temecula must file a new LAFCO Sphere of Influence Amendment Application and a new LAFCO Annexation Application to proceed with the Santa Margarita Area Annexation No. 2 proposal. K. On December 3, 2009 LAFCO voted unanimously to waive the one -year waiting period to allow the City to proceed with LAFCO Sphere of Influence Amendment and Annexation Applications for the Santa Margarita Area Annexation No. 2 proposal and LAFCO approved a reduction in the application fees by fifty percent. L. On January 12, 2010, the City Council adopted Resolution No. 10 -03 authorizing the preparation of documents and actions necessary to proceed with a ' Sphere of Influence Amendment and Annexation Application for the Santa Margarita Area Annexation No. 2 proposal pursuant to the Cortese - Knox - Hertzberg Local RdOrds 2010 10rds 10 -04 2 Government Reorganization Act of 2000 commencing with Section 56000 of the ' California Government Code. M. The City of Temecula proceeded with the preparation of documents associated with the Santa Margarita Area Annexation No. 2 proposal including a General Plan amendment to the Land Use Map, zoning amendment to Title 17 of the Temecula Municipal Code including hillside development standards and pre- zoning designations, and Sphere of influence and Annexation applications (LR09 -0024) in a manner in accord with the City of Temecula General Plan and Municipal Code and are hereby incorporated by reference, for the property consisting of approximately 4,510 acres located immediately southwest of the City of Temecula boundary, west of Interstate 15 and north of the San Diego County /Riverside County boundary referred to as the Santa Margarita Area Annexation No. 2 proposal (collectively, the "Amendment'). N. 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 and pursuant to the Cortese - Knox - Hertzberg Local Government Reorganization Act of 2000 commencing with section 56000 of the California Government Code. O. An Addendum to the Certified Final EIR was prepared for the Santa Margarita Area Annexation No. 1 ( "Addendum ") in accordance with the California ' Environmental Quality Act and the California Environmental Quality Act Guidelines ( "CEQA ") to address the reduced boundaries of the Santa Margarita Area Annexation proposal that comprise the Santa Margarita Annexation Area No. 2 proposal. P. The Planning Commission considered the Addendum to the Certified Final EIR and the various components of the Amendment on February 3, 2010, 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. Q. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Amendment and Addendum to the Certified Final EIR, the Planning Commission adopted Resolution No. 10 -02 recommending that the City Council approve the Addendum to the Certified Final EIR, adopt findings pursuant to the California Environmental Quality Act, adopt a Statement of Overriding Considerations and adopt a Mitigation Monitoring and Reporting Program. R. 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 Amendment, the Planning Commission adopted Resolution No. 10 -03 recommending that the City Council approve the Amendment including: (1) approve a Resolution amending the General ' Plan Land Use Element to incorporate Hillside Residential (HR) and Open Space (OS) as the General Plan Land Use Designations within the Santa Margarita Area Annexation No 2; (2) approve a pre- zoning Ordinance for the pre - zoning of the Santa R: /Ords 2010 /Ords 10-04 3 Margarita Area Annexation No. 2; and (3) approve a zoning Ordinance amending Title ' 17 of the Temecula Municipal Code and amending the official zoning map of the City of Temecula by adopting zoning designations Hillside Residential -Santa Margarita (HR- SM) and Conservation District -Santa Margarita (OS -C -SM) and adopting Hillside Development Standards for a pre - zoning of the Santa Margarita Area Annexation No. 2. S. On February 23, 2010, the City Council of the City of Temecula considered the Addendum to the Certified Final EIR and the various components of the Amendment, 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. After considering all the testimony and comments and the entire record concerning the components of the Amendment and the Addendum to the Certified Final EIR, the City Council adopted Resolution No. 10 -16, approving the Addendum to the Certified Final EIR, adopting findings pursuant to the California Environmental Quality Act, adopting a Statement of Overriding Considerations and adopting a Mitigation Monitoring and Reporting Program. T. On February 23, 2010, the City Council of the City of Temecula held a duly noticed public hearing on the proposed 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 (No. 2). The Santa Margarita Area Annexation (No. 2) encompasses approximately 4,510 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 225 acres propose Hillside Residential — Santa 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 (No. 2) 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: RJOrds 201010rds 10 -04 4 -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 westem 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 westem escarpment and other surrounding hillside areas. -The Community Design Implementation Programs of the City of Temecula General Plan including CD -6 Viewshed Preservation which states, `Establish a program to acquire, or permanently protect, critical hillside areas from development, including critical escarpment and major hillside areas on the west and south edges of the City. This should include working with the County of ' Riverside to protect surrounding hillside areas from inappropriate grading and development. " R: /Ords 2010 /Ords 10 -04 5 The Pre - Zoning designations shall not be effective unless or until such time as any of the properties are annexed to the City. 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 within the City of Temecula. The majority of the project area is undisturbed and is in a pristine natural area, of which approximately 95% of the Santa Margarita Area Annexation No. 2 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 all or part 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 all or part 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 5. 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 or the Santa Margarita Area Annexation No. 2, or any territory within it, 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. R:10rds 201 Words 10 -04 6 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula ' this 9 day of March, 2010. � Jeff Comerchero ,Mayor ATTEST: Susan . J nes, MMC City C rk [SEAL] 1 1 R: /Ords 201 Words 10 -04 7 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 -04 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 23 day of February, 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 g` day of March, 2010, by 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 G�J• � ' Susan W. Jones, MMC City Clerk 1 R: /Ords 2010 /Ords 10-04 8 . u .q� 1 p 4� EXHIBIT 2 PRE - ZONING Properties with Hillside Residential - Santa Margarita (HR -SM) Zoning Designation APN ACRES 918060009 20.91 918060010 20.78 918060021 9.44 918060024 9.64 918060013 39.32 918060023 9.81 918060022 9.38 918060011 24.14 918060008 15.77 918080008 30.12 918080009 35.89 Total: 225.2 Santa Margarita Area Annexation (No. 2) ` _� �.� ...... • v .J % � ,�:� ! �` \ 'w;y� � _ + °w^ rwy r .Zy w^" �t'y �:fl::::::.'•' 1 W �--{ �Lw irC i�f w w�,Lw .�. ..+.ii'L'w� �y Y' Lw: � �' i��:•�' :.w wif _ �:w �:w"h'w"•� :t �r."Lw �w'r / A� i.w .� P• / ^i^^ 1w.wA wi ���� ^^ �t w� ♦� .� r I J _ V � tiw ly n • ^/• �w �w ^ 1 YA W A ^w .w � •� w •w � � t ' �sem City of Temecula - Santa Margarita Area Anexation No. z ayOT« Uo M%Um Nnib Exhibit 3 r**V D=Wmb + ® Pro- Zoning Amendment e " "' - C-w " °°k "" dq0 Prop with OS-CSM Desi nation Q ascs\e 9 EXHIBIT 4 PRE - ZONING ' Open Space - Conservation -Santa Margarita (OS -C -SM) Properties APN ACRES 940260001 20.34 940260005 7.11 940260004 14.84 940260003 4.04 940250002 3.76 918080011 225.73 918080003 122.5 918080007 168.41 940250003 5.03 940250006 24.02 918080010 328.68 918070018 86.6 940260002 17.04 918070019 68.38 918070014 97.71 918050008 40.23 918070012 38.99 918070011 38.88 940280006 22.27 918050005 80.16 ' 918080002 38.24 918080006 252.03 918050002 253.53 918080001 78.18 918050006 39.87 918050007 39.97 918050003 5.53 918050004 39.77 918070008 24.02 918050009 72.09 918060017 39.81 918060003 12.16 918060004 7.13 918060020 2.67 918060007 248.86 918040003 40.7 918040004 326.05 918060016 0.91 918050001 326.75 918060019 57.34 918060015 40.04 918040011 122.07 918060001 468 918060014 84.19 ' 918040012 81.22 918060006 82.31 918060002 4.57 918060018 81.77 TOTAL 4284.5