HomeMy WebLinkAbout18-02 CC Ordinance ORDINANCE NO. 18-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE DEVELOPMENT
AGREEMENT WITH AMBIENT COMMUNITIES FOR THE
ALTAIR SPECIFIC PLAN #15 ON APPROXIMATELY 270
ACRES GENERALLY LOCATED SOUTH AND WEST OF
THE INTERSECTION OF RIDGE PARK DRIVE AND
VINCENT MORAGA; WEST OF PUJOL STREET AND
MURRIETA CREEK; AND NORTH OF SANTA
MARGARITA RIVER (APNS 922-210-049, 940-310-013,
940-310-015, 940-310-016, 940-310-044 THROUGH
940-310-048, AND 940-320-001 THROUGH 940-320-007)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Procedural Findings. The City Council of the City of Temecula does
hereby find, determine and declare that:
A. On November 24, 2014, Rob Honer, representing Ambient Communities
filed Planning Application Nos. PA14-0158, a General Plan Amendment; PA14-0159, a
Specific Plan; PA14-0160, a Tentative Tract Map; and PA14-0161, a Development
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Agreement. These applications (collectively "Project") were filed in a manner in accord
with the City of Temecula General Plan and Development Code.
B. The proposed Project consists of a change in the General Plan designation
on the proposed Project site from Industrial Park(IP), Open Space (OS), Medium Density
Residential (M), High Density Residential (H), and Hillside Residential (HR) to Specific
Plan Implementation (SPI) for the Altair Specific Plan. The Altair Specific Plan is a series
of standards and regulations that will govern all development on the property. These
standards and regulations address land use standards, a form based code, setbacks,
building height, and parking requirements. Together, these regulations and standards
seek to ensure cohesiveness in the design and aesthetic appearance of the proposed
Project site, and compatibility with the surrounding community. In addition to the proposed
General Plan Amendment and Specific Plan, the proposed Project also includes a
Tentative Tract Map and a Development Agreement.
C. The proposed 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 proposed
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
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required by law. The public comment period commenced via the State Clearing House
from May 2, 2016 through June 17, 2016. The City published a Notice of Availability for
the Draft EIR in the San Diego Union Tribune, a newspaper of general circulation within
the City. A Notice of Availability was also sent to adjacent property owners indicating a
review period of May 2, 2016 through June 17, 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
Ron 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 November 15, 2017, the Planning Commission considered the Final
Environmental Impact Report ("EIR"), Planning Application Nos. PA14-0158, a General
Plan Amendment; PA14-0159, a Specific Plan; PA14-0160, a Tentative Tract Map; and
PA14-0161, a Development Agreement, 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 in opposition to, this matter.
F. Following consideration of the entire record of information received at the
public hearing, the Planning Commission adopted Resolution No. 17-43
"A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA
RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION 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 ALTAIR PROJECT, CONSISTING OF
APPROXIMATELY 270 ACRES GENERALLY LOCATED SOUTH AND WEST OF THE
INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL
STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER
(APNS 922-210-049, 940-310-013, 940-310-015, 940-310-016, 940-310-044 THROUGH
940-310-048, AND 940-320-001 THROUGH 940-320-007)."
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. 17-46 "A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN
ORDINANCE ENTITLED 'AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE DEVELOPMENT AGREEMENT WITH AMBIENT
COMMUNITIES FOR THE ALTAIR SPECIFIC PLAN #15 ON APPROXIMATELY 270
ACRES GENERALLY LOCATED SOUTH AND WEST OF THE INTERSECTION OF
RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL STREET AND
MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER (APNS 922-210-
049, 940-310-013, 940-310-015, 940-310-016, 940-310-044 THROUGH 940-310-048,
AND 940-320-001 THROUGH 940-320-007)."
UH. On December 12, 2017, the City Council of the City of Temecula considered
the proposed Project and the EIR, Mitigation Monitoring and Reporting Program, and
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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 City Council considered all the testimony and any comments received
regarding the proposed 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. 17-86
"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 ALTAIR PROJECT, CONSISTING OF
APPROXIMATELY 270 ACRES, GENERALLY LOCATED SOUTH AND WEST OF THE
INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL
STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER
(APNS 922-210-049, 940-310-013, 940-310-015, 940-310-016, 940-310-044 THROUGH
940-310-048, AND 940-320-001 THROUGH 940-320-007)." Resolution No. 17-86 and
the findings therein are hereby incorporated by this reference as set forth in full.
J. All legal preconditions to the adoption of this Ordinance have occurred.
Section 2. Legislative Findings. The City Council in approving the Development
Agreement with Ambient Communities for the Altair Specific Plan hereby makes the
following findings:
A. The Development Agreement complies with the requirements of California
Government Code Sections 65865 through 65869.5 in that the
Development Agreement specifies in detail and contains the following:
1. Provisions in Section 9.1 requiring periodic review at least every
twelve months, at which time the Applicant shall be required to
demonstrate good faith compliance with the terms of the
Development Agreement (California Government Code Section
65865.1).
2. Duration of the Development Agreement, as specified in Section 2.3
of the Agreement as being twenty (20) years (Government Code
Section 65865.2).
3. The permitted uses of the property, the density and intensity of use,
the maximum height and size of the proposed buildings, and
provisions for reservation or dedication of land for public purposes in
Sections 2, 3, and 7-10 of the Specific Plan (which is incorporated
into the Development Agreement and herein by this reference) and
in Section 4 of the Development Agreement (Government Code
Section 65865.2).
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4. Terms and conditions in Section 11 of the Specific Plan (which is
incorporated into the Development Agreement by reference), and in
Sections 2-4 of the Development Agreement, that require the
developer to construct all necessary public improvements necessary
to access and improve the property for the proposed use
(Government Code Section 65865.2).
B. Pursuant to Section 65867.5, the provisions of the Development Agreement
are consistent with the City's General Plan and the following goals and
policies:
The Development Agreement is consistent with the City's General Plan, as
amended. The Development Agreement will allow for the construction of up
to 1,750 new homes for a range of household sizes, income, and
demographics. The Land Use Element identifies the objective for this area
which is to "provide complimentary land uses to Old Town that increase the
vitality of the area; to increase the range of the housing opportunities west
of 1-15; and to encourage sensitive site and building design given the
topography of the area." The Development Agreement will allow for the
construction of a range of multifamily and detached housing types within
walking distance of Old Town that will result in a vibrant combination of uses
for the aggregate planning areas. The Development Agreement will satisfy
two of the four implementation measures listed in LU-22 of the Land Use
Element Implementation Program: "[p]roviding infill residential opportunities
within the area and the adjacent Westside Specific Plan to create a
nighttime population for the area," and "[I]ocating additional public and
community facilities within and surrounding the Old Town area."
The Development Agreement is also consistent with Goal 2 of the
Circulation Element of the General Plan which is to create a "regional
transportation system that accommodates the safe and efficient movement
of people and goods to and from the community." The Development
Agreement will require the developer to construct a significant portion of the
Western Bypass Corridor project connecting SR-79 (Temecula Parkway)to
Rancho California Road via Vincent Moraga Drive.
The Development Agreement is also consistent with Goal 1 of the Housing
Element which is to "provide a diversity of housing opportunities that satisfy
the physical, social, and economic needs of existing and future residents of
Temecula." Single-family detached houses represent 80% of the existing
housing stock in the City. The Development Agreement will allow for the
construction of a mixture of housing which is needed in the City. Among
other policies in the Housing Element, the Development Agreement
implements Policy 1.2 of the Housing Element which is to "[e]ncourage
' residential development that provides a range of housing types in terms of
cost, density and type, and provides the opportunity for local residents to
live and work in the same community by balancing jobs and housing types."
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It also implements Policy 1.3 which is to "[r]equire a mixture of diverse
' housing types and densities in new developments around the village
centers to enhance their people orientation and diversity." The
Development Agreement will allow development predominantly east of the
Western Bypass, preserving the western portion of the property as natural
open space, thus consistent with Policy 1.5 of the Housing Element which
is to "[e]ncourage the use of clustered development to preserve and
enhance important environmental resources and open space, consistent
with sustainability principles."
Further findings of consistency between the Specific Plan, which the
Development Agreement implements, and the General Plan can be found
in Section 2.6 of the Specific Plan, which is hereby incorporated by this
reference. The Development Agreement complies with the goals and
objectives of the General Plan by providing extraordinary public benefits in
the form of public infrastructure, parks, trails, and a 55-acre civic site for
public use to justify the increased density associated with the Altair Specific
Plan and Development Agreement.
C. Pursuant to Section 65867.5(c), a Development Agreement that includes a
subdivision shall not be approved unless the agreement provides that any tentative map
prepared for the subdivision will comply with the provisions of Government Code section
U
66473.7.
Section 3.7.5 of the Development Agreement provides that any tentative
map prepared for the proposed Project shall comply with California
Government Code Section 66473.7.
Section 3. Consistency with General Plan. On December 12, 2017, the
City Council adopted Resolution No. 17-87, which amended the Land Use Element and
Circulation Element of the General Plan, in conformity with Government Code section
65300.5. Therefore, the foregoing amendments outlined in this Ordinance are consistent
with the goals and policies of the General Plan for the City of Temecula.
Section 4. Approval of the Development Agreement. The City Council hereby
approves the Development Agreement between the City of Temecula and Temecula
West Village, LLC, in substantially the form presented to the City Council and authorizes
the Mayor to execute the Development Agreement on behalf of the City. Upon execution
by all parties, an original shall be kept on file in the Office of the City Clerk.
Section 5. 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.
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Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after
its adoption.
Section 7. Notice of Adoption. The City Clerk shall certify to the adoption of this
Ordinance and cause it to be published in the manner required by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 9th day of January, 2018.
Matt Rahn, Mayor
ATTE
Randi y Clerk
[SEAL]
1
Ords 18-02 6
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
Ordinance No. 18-02 was duly introduced and placed upon its first reading at a meeting of
the City Council of the City of Temecula on the 12th day of December, 2017, and that
thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at
a meeting thereof held on the 9th day of January, 2018, by the following vote:
AYES: 3 COUNCIL MEMBERS: Comerchero, Edwards, Rahn
NOES: 1 COUNCIL MEMBERS: Stewart
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Na;•.
/r
.0,1r
dir Randi Johl, City Clerk
Ords 18-02 7