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Home My WebLink About08-113 CC Resolution RESOLUTION NO. 08-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE GENERAL PLAN LAND USE MAP TO INCORPORATE HILLSIDE RESIDENTIAL (HR) AND OPEN SPACE (OS) AS THE GENERAL PLAN LAND USE DESIGNATIONS WITHIN THE SANTA MARGARITA AREA ANNEXATION OF APPROXIMATELY 4,997 ACRES, LOCATED IMMEDIATELY SOUTHWEST OF THE EXISTING CITY OF TEMECULA BOUNDARY LINE, WEST OF INTERSTATE 15 AND NORTH OF THE SAN DIEGO COUNTY AND RIVERSIDE COUNTY BOUNDARY (PA07-0225) 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 the 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. F. The Planning Commission, at a regular meeting, considered the Amendment 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 R:/Resos 2008/Resos 08-113 1 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 General Plan Amendment. 1. On December 9, 2008, 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. J. 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, and by adoption of Resolution No. 08-110 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. K. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Amendment, hereby finds, determines and declares that: A. The proposed Amendment integrates the Santa Margarita Area Annexation into the City's General Plan. The proposed Amendment integrates the Santa Margarita Area Annexation into the City's General Plan by amending the City's General Plan Land Use Map to adopt General Plan Land Use Designations for the Santa Margarita Area Annexation consisting of Hillside Residential (HR) and Open Space (OS). Currently, 554 acres of the 4,997 acres of the Santa Margarita Area Annexation are located within the City's Sphere of Influence and are already designated on the City's General Plan Land Use Map with 318 acres as Open Space (OS) and 236 acres Hillside Residential (HR). The Amendment will adopt the remaining ' 4,443 acres into the City's General Plan Land Use Map designating 3,966 acres as Open (OS) and 477 acres as Hillside Residential (HR). In total, the Santa Margarita Area Annexation encompasses 4,997 acres of which 4,284 acres will R:/Resos 2008/Resos 08-113 2 be designated as Open Space (OS) and 713 acres will be designated as Hillside ' Residential (HR). The Amendment is contingent upon the ultimate approval by Riverside County Local Agency Formation Commission ("LAFCO') and, if approved, the proposed General Plan Amendment will integrate the Santa Margarita Area Annexation into the City's General Plan. B. The proposed Amendment implements the direction, goals and policies of the City's General Plan. The proposed Amendment implements the direction, goals and policies outlined within the City of Temecula General Plan. 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 Margarita (HR-SM) as the Zoning District to implement the Hillside Residential (HR) General Plan Land Use Designation. -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 R:/Resos 2008/Resos 08-113 3 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. The Amendment 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. C. The proposed Amendment preserves public lands within the Santa Margarita Area Annexation in natural open space while retaining the existing residential and agricultural character of privately owned lands. The proposed Amendment includes proposed Hillside Development Standards for the Santa Margarita Area Annexation which will establish the framework to preserve public lands within the Santa Margarita Area Annexation in natural open space while retaining the existing residential / agricultural character of privately- owned lands. Hillside Development Standards will facilitate and permit the orderly development of private and public properties within the HR-SM (Hillside Residential-Santa Margarita) and OS-C-SM (Conservation-Santa Margarita) Zoning Districts of the Santa Margarita Area Annexation. The implementation of the Zoning Districts would allow no more than one dwelling unit per ten acres within the HR-SM zone (and limited development within the OS-C-S zone). In conjunction with the proposed Zoning Districts, the Hillside Development Standards will effectively preserve the rural character of the area. It will also protect and preserve natural and biological resources by carefully considering the size, type, location, density and intensity of development based on available infrastructure, the geographic steepness of terrain, presence of unique geographic conditions and constraints, and presence of environmentally sensitive resources and habitat. Furthermore, the development standards will ensure sensitive site design related to grading, landscape architecture and architecture. These standards would be added to the City's Municipal Code, and made applicable to the Annexation Area contingent upon approval of the Santa Margarita Area Annexation by LAFCO. If approved, the proposed Amendment ' will establish the framework to retain the existing residential and agricultural character of privately owned lands within the Santa Margarita Area Annexation. R:/Resos 2008/Resos 08-113 4 D. The proposed Amendment protects the research value of the Santa ' Margarita Ecological Reserve by prohibiting incompatible land uses within adjacent properties. The proposed Amendment includes proposed zoning and development standards, which 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. To maintain protection of the SMER, the City's proposes to zone this area as OS-C-SM (Conservation-Santa Margarita), which limits development. The Santa Margarita Ecological Reserve is designed to serve as a living laboratory or an open classroom. All field stations are within natural areas and scientific monitoring stations are installed at various locations within the Santa Margarita Ecological Preserve Area to assist SDSU with continual research and educational programs. The pristine nature of the project area, as well as the property located within the Santa Margarita Ecological Reserve, has made this area a valuable resource for ecological and environmental research. The need to keep an intact ecosystem for study and education of current and future generations of students also requires buffer lands around the SMER. The Annexation, if approved, in conjunction with associated Amendments to support the General Plan, will preserve the SMER and its surroundings, which is an integral part of preserving and protecting the entire Santa Margarita River. This vital ecological feature is one of the last free flowing rivers in the coastal southern Califomia region. As such, the annexation represents a significant area of value for native wildlife, and a great variety of sensitive biological resources that are known to exist, or potentially exist, within the undeveloped portions of the Santa Margarita Area. Furthermore, the research potential and unique ecological value of the Santa Margarita Ecological Reserve is an objective of the City's request for the annexation of this area. The integration of the Santa Margarita Area Annexation into the Temecula City limits will enable the City to adopt the proposed Amendment and maintain consistency and compatibility with the City's goals for this area, including preserving natural conditions and resources as well as the scenic hillsides. Ultimate approval of the Santa Margarita Area Annexation is by LAFCO. If approved, the proposed Amendment will establish the framework to retain the existing residential and agricultural character of privately owned lands within the Santa Margarita Area Annexation. This action will enable the City to limit land uses within and surrounding properties adjacent to the Santa Margarita Ecological Reserve, that are incompatible with this biologically sensitive and ecologically rich property. 1 R:/Resos 2008/Resos 08-113 5 Section 3. General Plan Amendment. ' A. The property as shown on Exhibit 1, and described in Exhibit 2, is hereby designated as Hillside Residential (HR), which shall become the General Plan Land Use Designation upon annexation of the property to the City. B. The property as shown on Exhibit 3 and described in Exhibit 4, is hereby designated as Open-Space (OS), which shall become the General Plan Land Use Designation upon annexation of the property to the City. Section 4. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of December, 2008. Michael S. gar, Mayor ATTEST: Susan W. ones, MMC City Cler [SEAL] R:/Resos 2008/Resos 08-113 6 ' 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 Resolution No. 08-113 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the gth 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 Lit ' usan W. J nes, MMC City Clerk R:/Resos 2008/Resos 08-113 7 Santa Margarita Ana Annexation ~ x...,e i ° ° r L.:: ::i':. +t is :h:::: clf~• R HR r xMeral"County r VNIAxaW1A any S9nolp co" V : h1 ; OW yq~ Poaxourufx msr g •~AO0.Pa ~ ~ M mrx wTM a ^xRxo City of Temecula - Santa Margarita Area Annexation xpM.MwVwul9n warw~xxo«o«x .9:ru Exhibit 1 .R General Plan Amendment Properties with HR Designation aw.x PxnlaY u..owaYOm xl f•.9arY 411ri11bNY M11YMb1. ®WWIx. R.YbM91 (xR) iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliillillim- ' Exhibit 2 Assessor Parcel Numbers with General Plan Amendment Hillside Residential (HR) Designation 918090016 918090001 918090039 918100004 918090012 918090006 918090036 918100007 918090026 918090005 918090031 918100006 918090028 918090017 918060022 918090008 918090011 918120044 918060021 918090021 918090024 918090023 918080008 918090013 918060013 918090019 918090043 918090007 918100003 918090010 918060010 918110001 918090002 918100005 918060009 918060008 918090003 918090014 918090033 918090034 918090004 918100008 918090042 918090040 918090025 918090018 918130031 918090037 918110002 918090027 918110028 918090030 ' 918100001 918090009 918100002 918090038 918100012 918090032 918090015 918090035 918090020 918130043 918090029 918060011 918090022 918060023 918080009 918060024 r S t..~.. Saida Margadfa Area Annexation •ir - ~:::i_i;:?:i°•i: iv r" J a° z •:::{::jff:~~ I i Mvenido cowry wruioxw.. A,~y ~ Sn DMpe Cowry tel. 013T avcn[[K ~ g 47,E woxarturn tlt t ' vsT"ouaq mrn h g am ~«m t ~cn City of Temecula -Santa Margarita Area Annexation Exhibit3 CIry JTmwYCaprMrtuu. nIN CaWT~~~Y General Plan Amendment Properties with OS Designation ' Exhibit 4 Assessor Parcel Numbers with General Plan Amendment Open Space (OS) Designation 940250002 918070014 940260005 940250003 918070011 940260002 940260003 918050009 940260004 940280006 918070019 918060018 940250006 918080011 918040011 918060014 918050003 918050008 918080007 918080010 918060019 918050006 918050002 918050001 918060007 918070012 918070018 918040003 918070008 918080001 918060001 918050005 918080003 918040004 918060017 918050007 918060020 918060015 918060002 918060003 918080002 918050004 ' 918060006 918040012 918080006 918060016 918060004 940260001