HomeMy WebLinkAbout15-04 CC Ordinance - Interim Urgency INTERIM ORDINANCE NO. 15-04
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TEMECULA TEMPORARILY PROHIBITING
CERTAIN USES AND CONSTRUCTION IN THE
PROPOSED UPTOWN JEFFERSON SPECIFIC PLAN
AREA PENDING CITY COUNCIL CONSIDERATION OF
THE PROPOSED UPTOWN JEFFERSON SPECIFIC PLAN
AND FINDING THE ACTION EXEMPT FROM CEQA
PURSUANT TO SECTION 15061(B)(3) OF THE CEQA
GUIDELINES
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1 . Legislative Findings.
A. On April 2, 2015 the Community Development Department of the City of
Temecula released for public comment a draft of the Draft Environmental Impact Report
("DEIR") for the Uptown Jefferson Specific Plan. The public review period for the DEIR
is from April 2, 2015 through May 18, 2015. A draft of the proposed Specific Plan is
anticipated to be released for public review in early May 2015. A public hearing on the
111 Uptown Jefferson Specific Plan is tentatively scheduled for June 2015 before the
Planning Commission of the City of Temecula and for July 2015 before the City Council
of the City of Temecula. Such dates may change, however, depending on comments
received during the public review process.
B. The area that will be subject to the Uptown Jefferson Specific Plan is
described and depicted on Exhibit A, Uptown Jefferson Specific Plan Area, ("Uptown
Jefferson Specific Plan Area").
C. The Uptown Jefferson Specific Plan will create a unique destination place
within the City of Temecula through the careful planning of land uses, public spaces,
development standards and public transportation.
1. By peering through a visionary lens, Uptown Jefferson will be
Temecula's newest "destination." Vibrant, sophisticated and unique, the area will
be home to a diverse mix of residents of all ages, experiences and interests,
living in eclectic, up-and-coming neighborhoods. These neighborhoods in
Uptown Jefferson will provide a unique metropolitan experience, rivaled by no
other place in the city or region. The neighborhoods will be upscale and culturally
robust, each with a distinct character and identity, offering a mix of homes,
shops, offices, restaurants and other locally-serving uses. Complemented by an
expanded mix of new locally-owned and corporate businesses, collectively they
will provide high quality jobs, as well as goods and services to local residents.
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2. The urban neighborhoods in Uptown Jefferson are located within
walking distance to a hub of quality and thriving businesses, technologically
innovative employment centers, and higher-education facilities. The vibe of
Uptown Jefferson will foster creativity, stimulate innovation, and provide a place
for community members to work, learn and refashion the world around them. And
historically important, locally-owned and operated business and services will
continue to thrive, side-by-side with the new wave of entrepreneurial ventures.
Uptown Jefferson will also contribute to the local tourism industry with expanded
hotel offerings, restaurants and shops. In addition to expanding its service to
traditional weekend-oriented tourism, the stronger presence of businesses and
corporations will fill hotel rooms and support small conventions and events that
occur during the week.
3. Aesthetically enhanced and interconnected street networks will
provide expanded mobility options to residents, workers and visitors. In addition,
one-stop parking combined with efficient transit, tree lined sidewalks and safe
bikeways will create the feeling of "complete streets." These expanded networks
of bicycle paths, sidewalks, and multi-use trails will connect neighborhoods,
businesses, and recreation areas. Trails along Murrieta Creek will connect active
play fields and parks in the northern area, Old Town to the south, the business
park to the west, and Promenade Mall and other neighborhoods to the east.
4. Uptown Jefferson has been designed and will be built from the
collective, shared efforts of public participation, private development, and public
investments. These efforts are driven by a community-based vision and priorities
for strategic, feasible and flexible revitalization.
D. The Draft Uptown Jefferson Specific Plan provides for certain permitted
and conditionally permitted land uses within the area comprising the Draft Uptown
Jefferson Specific Plan in order to accomplish the impacts described in Subsection (c).
E. The City has received several inquires about the development of land
uses and construction of buildings and structures in Uptown Jefferson Specific Plan
Area that would be inconsistent with the proposed land uses and development
standards proposed as part of the Uptown Jefferson Specific Plan and would impede
the development of the Uptown Jefferson Specific Plan when approved.
F. Therefore, for these reasons, and based on all evidence in the record, it
would be detrimental to the public welfare if, in the interim time necessary to complete
the processing of the DEIR and public hearings before the Planning Commission and
City Council for approval of the Uptown Jefferson Specific Plan, land uses, buildings or
structures were established, commenced, or constructed that could prevent the
accomplishment of the purposes and goals of the Uptown Jefferson Specific Plan,
impede the implementation of the Uptown Jefferson Specific Plan, and eliminate
opportunities to maintain the balanced and vital land uses and public spaces so vital to
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the accomplishment of the purposes and goals of the proposed Uptown Jefferson
Specific Plan.
Section 2. Authority.
Pursuant to Government Code Section 65858, the City Council may adopt as an
urgency measure, an Interim Ordinance that prohibits any uses that may be in conflict
with a contemplated zoning proposal which a legislative body, Planning Commission, or
Community Development Department is considering or studying or intends to study
within a reasonable period of time.
Section 3. Urgency Findings.
The City Council finds and determines that the immediate preservation of the
public health, safety, and welfare requires that this Interim Ordinance be enacted as an
urgency ordinance pursuant to Government Code Section 65858 and take effect
immediately upon adoption.
A. As described in Section 1 of this Interim Ordinance, the Uptown Jefferson
Specific Plan will be a very unique area of the City. The City Council finds that
continued development of land uses in the Uptown Jefferson Specific Plan Area that
would be prohibited by the Uptown Specific Plan during the City's review and
consideration of the proposed Uptown Jefferson Specific Plan will erode the unique
character that is proposed for the Uptown Jefferson Specific Plan Area and frustrate the
goals and purpose of the Uptown Jefferson Specific Plan and the land use regulations
ultimately adopted with respect to the Uptown Jefferson Specific Plan.
B. To ensure that activity within the proposed Uptown Jefferson Specific Plan
Area during this period of study is consistent with the goals and objectives of protecting
the proposed Uptown Jefferson Specific Plan Area, as reflected in the quality and
diversity of its stores, hotels, restaurants, and offices, and maintaining the quality of life
in the proposed Uptown Jefferson Specific Plan Area, the City Council finds it necessary
to adopt interim regulations that both respect property rights and protect the public
health, safety and general welfare.
C. Absent the passage of this Interim Ordinance, continued development of
area of the proposed Uptown Jefferson Specific Plan poses a current and immediate
threat to the public health, safety, or general welfare. If this Interim Ordinance does not
become effective immediately, but instead becomes effective thirty (30) days after a
second reading, there is a risk that further harm will be done to prevent the
implementation of the Uptown Jefferson Specific Plan if approved by the City Council
and any protections recommended by the adopted policies can be implemented.
D. For the reasons specified in Section 1 of this Interim Ordinance and all the
evidence in the record, the City Council finds that there is a current and immediate
threat to the public health, safety and welfare caused by potential development that
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would inconsistent with the goals of the Uptown Jefferson Specific Plan. Therefore, this
Interim Ordinance is necessary for the immediate preservation of the public peace,
health, safety and welfare and its urgency is hereby declared.
Section 4. Adoption as Urgency Interim Zoning Ordinance.
This Interim Ordinance is adopted as an urgency interim zoning ordinance
pursuant to the provisions of Government Code Sections 36934, 36937 and 65858(a),
and shall be effective immediately upon its adoption. Based upon the findings set forth
in Sections 1 and 3 of this Interim Ordinance, the City Council finds and determines that
the adoption of this Interim Ordinance as an urgency ordinance is necessary for the
immediate preservation of the public peace, health or safety pursuant to the
requirements of Government Code Sections 36934 and 36937, and is necessary to
protect the public safety, health, and welfare pursuant to the requirements of
Government Code Section 65858(a).
Section 5. Moratorium established and defined.
The City of Temecula hereby establishes an interim moratorium on development
within the proposed Uptown Jefferson Specific Plan Area as follows:
A. Within the Uptown Jefferson Specific Plan Area, no person shall construct
or develop any of the following land uses, buildings or structures and no application for
a building permit, conditional use permit, variance, design review, temporary use permit
or any other entitlement for the construction of a new building or structure or the
expansion of an existing building or structure shall be accepted or issued by the City for
of any of the following uses, buildings or structures during the term of this Interim
Ordinance notwithstanding any other ordinance or provision of the Temecula Municipal
Code:
1. Any new use that is not permitted by right, as identified in Table
17.08.030 of Title 17 of the Temecula Municipal Code, within the current zoning
designation, and is not permitted by right as identified in Table 3-9 Land Use
Matrix of the draft Uptown Jefferson Specific Plan (Exhibit B);
2. Any new building or structure with a floor area ratio (FAR) of
greater than 0.30 within the Community Commercial, Highway Tourism or
Service Commercial zoning districts, or a FAR of greater than 0.40 within the
Business Park or Light Industrial zoning districts; or
3. Any new building or structure with a height greater than 40 feet
within the Light Industrial zoning district, a height greater than 50 feet in the
Business Park, Service Commercial or Community Commercial zoning districts,
or a height greater than 75 feet within the Highway Tourism zoning district;
B. Any building or portion of a building that is lawfully and currently occupied
as of the date of this Interim Ordinance with a land use prohibited by Section 5.(a) of
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this Interim Ordinance may continue to be occupied as such the term of this Interim
Ordinance, provided, however, there is no physical expansion of the land use, building
or structure during the term of this Interim Ordinance.
C. The provisions of this Section 4 of this Interim Ordinance shall not apply to
any of the following:
1. Tenant interior improvements;
2. Building repairs necessary to protect public health and safety as
determined by the Director of Community Development; and
3. Repairs or construction ordered by, or undertaken by, the City or its
agents.
Section 6. Interim Conditional Use Permit.
Notwithstanding the provisions of Section 5 of this Interim Ordinance, the City of
Temecula may accept and process applications for conditional use permits for
development or use of property otherwise subject to the prohibitions of Section 5 of this
Interim Ordinance if the City Council finds, after receipt of recommendation from the
Planning Commission, that the owner of the subject property will be deprived of all
economically viable use of his or her land unless the property owner is allowed to
develop or use the property notwithstanding the provisions of Section 5 of this Interim
Ordinance, or that the law of California or of the United States otherwise requires the
City to approve an application for a permit or an entitlement for the development or use;
provided that, whether or not a conditional use permit would otherwise be required by
the Temecula Municipal Code, a conditional use permit is issued for development or
use of the property.
Section 7. CEQA Findings.
The City Council hereby finds that it can be seen with certainty that there is no
possibility that the adoption and implementation of this Interim Ordinance may have a
significant effect on the environment. This Interim Ordinance does not authorize
construction and, in fact, imposes greater restrictions on certain development in order to
protect the public health, safety and general welfare. These findings are premised on
the fact that the adoption of this urgency Interim Ordinance will maintain the current
environmental conditions arising from the current land use regulatory structure as
adopted by the City without change or alteration. This Interim Ordinance is therefore
exempt from the environmental review requirements of the California Environmental
Quality Act (CEQA) pursuant to Section 15061(b)(3) of Title 14 of the California Code of
Regulations.
1
Ords 15-04 5
Section 8. Written Report.
Pursuant to Government Code Section 65858(d), City staff shall prepare and
submit for City Council adoption, at least ten (10) days prior to the expiration of this
Interim Ordinance, or any extension hereof, a written report describing the measures
taken to alleviate the conditions which led to the adoption of this Interim Ordinance.
Section 9. Extension of Time.
The Director of Community Development and the City Clerk shall undertake all
actions legally necessary to extend this Interim Ordinance in the event the report
desired by this City Council will not be concluded on or before the forty-fifth (45th) day
subsequent to the adoption of this Interim Ordinance.
Section 10. Severability.
If any section, subsection, subdivision, sentence, clause, phrase, or portion of
this Interim Ordinance or the application thereof to any person or place, is for any
reason held to be invalid or unconstitutional by the final decision of any court of
competent jurisdiction, the remainder of this Interim Ordinance shall be and remain in
full force and effect.
' Section 11. Immediate Effect.
This Interim Ordinance, being an Interim Ordinance adopted as an urgency
measure for the immediate protection of the public safety, health, and general welfare,
containing a declaration of the facts constituting the urgency, and passed by a minimum
four-fifths (4/5) vote of the City Council, shall take effect immediately upon its adoption
and shall continue in effect for a period of not longer than forty-five (45) days; provided,
however, that after notice pursuant to Section 65090 of the California Government Code
and public hearing, the City Council may extend the effectiveness of this Interim
Ordinance as provided in Government Code Section 65858.
Section 12. Termination.
The requirements of this Interim Ordinance shall cease upon the latest of the
effective dates of for the ordinances and/or resolutions approving the Uptown Jefferson
Specific Plan.
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PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 28 day of April, 2015,
1L�L1 Jeff Comerchero, Mayor
ATTEST:
Randi Johl-Olso(, Ci y Clerk
[SEAL]
Ords 15-04 7
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl-Olson, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 15-04 was duly introduced at a meeting of the City Council of the
City of Temecula on the 25th day of April, 2015, and said Ordinance was duly adopted by
the City Council of the City of Temecula on the 28th day of April, 2015, by the following
vote:
AYES: 4 COUNCIL MEMBERS: Edwards, Naggar, Rahn, Comerchero
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
AP
Randi Johl-Olson, City Clerk
I
I
Ords 15-04 8
EXHIBIT A
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Exhibit B
Proposed Uptown Jefferson Specific Plan
Land Use Matrix
Table 3-9
Land Use Matrix 1
List of Uses
UHT US UA WH-RO CV CV-CO MCR-
OS
Adult entertainment business - - - - - - -
Alcoholic beverages sales See Municipal Code Section 17.10.020-Supplemental Development Standards
Alcoholism or drug abuse
recovery or treatment facility - - - - P - - -
(six or fewer)2
Alcoholism or drug abuse
recovery or treatment facility - - - - C - - -
(seven to twelve)2
Art studio (with or without a P C P P - P P -
gallery)
Auditorium, community
assembly space, conference C C C C - - - -
facility
Automobile sales (indoor only) C - C C - - C -
Automotive service
station/gas station (with or C C C - - - - -
without a convenience store) 6
Automotive maintenance/light
repairs C - C C - - - -
Automotive repair(heavy
repair)
- -
epair) - - -
Bar, cocktail lounge, night
club, live entertainment C C C C - C C -
(indoor only)
Car wash b C C C C - - - -
Community care facility 2 - - C C - - - -
Day care/preschool
(commercial) 2 P P P P C C P -
Drive-thru b C C C C - - - -
Educational institutions C C C C - - - -
Facilities for mentally
disordered, disabled, or - _ C
dependent or neglected - - - - -
children (seven to twelve) 2
Farmer's market(outdoor) C C C C - C C -
Grocery store P P P P - P P -
Health, fitness, dance, martial
arts studio C C C C - C C -
Home occupations P P P P P P P -
Hospital C - C - - - - -
Hotel P P' P P - - p -
Kennel/cattery/pet day care
facility s C C C C C -
Light manufacturing (indoor C - C C -
o
--
nly)
Multi-purpose trail P P P P P p p p
Nature center/exhibits - - - - - - - P
Office (administrative/
professional/medical/ P P P P - - P4 -
government)
Parking lots/parking
structures (standalone)6 C C C C - C - -
Performing arts venue, C C C C - C C
theatre, cinema, museum
Private smoking C C C C - - C
lounge/hookah lounge
I Residential P P' P P P P P'
Residential care facilities (six
or fewer) 2 P -
Residential care facilities
- -
(seven to twelve) 2 - - - - C
Residential care facilities for
the elderly(six or fewer) 2 - P - - -
Residential care facilities for
the elderly (seven to twelve)2 - C - - -
Residential-live/work - - P P - P - -
Restaurant(with or without the p P P P P P
sale of beer and wine)
Restaurant(with the sale of C C C C C C
distilled spirits)
Religious institutions (with or C C C C C C C
without a daycare or school)
Retail P P P p - P P -
Transit Center - - C - - - - C
Transitional housing - - - - P - - -
Service—general P P P - - P -
' Service—personal P P P P . P P -
Sports and recreation facility C - C C - - C P
(indoor only)
Sports and recreation facility C P
-
- -(outdoor)
Swap meet(indoor only) - - - C - - - -
Wine tasting facility (Type 02 P P P P P
ABC license only)
Wine/micro-brewery tasting C C C C - C C
facility
FOOTNOTES:
'The land uses listed in Table 3-9 below shall be permitted in one or more of the specific plan districts as indicated
in the corresponding column.Where indicated with the letter"P"the use shall be permitted by right within the
district.Where indicated with the letter"C"the use shall be permitted with the approval of a Conditional Use
Permit.Where indicated with the symbol "-"the use shall be prohibited within the district.
2 Subject to the State of California Department of Social Services licensing requirements.
' Full service hotels (see definition in appendix) of up to 8 stories in height are permitted by right in the Uptown
Hotel/Tourism District and are not subject to the public improvements/public benefits incentives program outlined
in Chapter 3.
Office uses are permitted above the first floor only. However, office uses may be permitted on the first floor when
the office use does not directly front onto any street included any future street.
5 Residential uses are permitted above the first floor only.
1 6Subject to the Standards for Specific Uses outlined in Section 3.1.
I