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HomeMy WebLinkAbout10-019 CC Resolution RESOLUTION NO. 10 -19 ' 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 NO. 2 OF APPROXIMATELY 4,510 ACRES, LOCATED TO THE SOUTH AND EAST OF THE EXISTING CITY BOUNDARY (LR09 -0024) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER 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 designations Hillside -Santa Margarita (SM) and Open Space Conservation District — R: /Resos 2010 /Resos 10 -19 1 ' 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 Government Reorganization Act of 2000 commencing with Section 56000 of the California Government Code. R: /Resos 2010 /Resos 10 -19 2 ' 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 ' T argarita Area Annexation No. 2; and (3) approve a zoning Ordinance amending Title 7 of the Temecula Municipal Code and amending the official zoning map of the City of emecula by adopting zoning designations Hillside Residential -Santa Margarita (HR- R:/Resos 2010 /Resos 10 -19 3 ' 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. The City Council of the City of Temecula considered the proposed Amendment, including the General Plan Amendment, Pre - Zoning Ordinance, and Zoning Code Amendment, and all the comments and testimony thereon and the entire record concerning the Santa Margarita Area Annexation No. 2 proposal, and the City Council adopted Resolution No. 10- 19adopting the General Plan Amendment and gave the first reading of the Pre - Zoning Ordinance No. 10 -04 and Zoning Code Amendment Ordinance No. 10 -05. On March 9, 2010, the City held the second readings of and adopted Pre - Zoning Ordinance No. 10 -04 and Zoning Code Amendment Ordinance No. 10 -05. U. 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 (No. 2) into the City's General Plan; The proposed Amendment integrates the Santa Margarita Area Annexation (No. 2) 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 (No. 2) consisting of Hillside Residential (HR) and Open Space (OS). Currently, 384 acres of the 4,510 acres of the Santa Margarita Area Annexation (No. 2) 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 66 acres Hillside Residential (HR). The Amendment will adopt ' the remaining 4,126 acres into the City's General Plan Land Use Map designating 3,966 acres as Open (OS) and 159 acres as Hillside Residential (HR). In total, the Santa Margarita Area Annexation (No. 2) encompasses 4,510 RlResos 2010 /Resos 10 -19 4 ' acres of which 4,284 acres will be designated as Open Space (OS) and 225 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 (No. 2) 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 (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. 1. 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. ' 2. 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). 3. The Open Space Element (Open Space Page OS -26 through Page OS -28) recognizes that topographical features such as the western escarpment and southem 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. 4. 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. 5. 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. R: /Resos 2010 /Resos 10 -19 5 ' 6. 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. 7. 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." The General Plan land use 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. C. The proposed Amendment preserves public lands within the Santa Margarita Area Annexation (No. 2) 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 (No. 2) which will establish the framework to preserve public lands within the Santa Margarita Area Annexation (No. 2) 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 R:/Resos 2010 /Resos 10 -19 6 ' 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 (No. 2) 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 (No. 2). 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 95% of the Santa Margarita Area Annexation (No. 2) 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 California 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 (No. 2) into the Temecula City limits will enable the City to adopt the R: /Resos 2010 /Resos 10 -19 7 ' 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 (No. 2) 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 (No. 2). 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. 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 all or part 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 all or part 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 23rd day of February, 2010. Jeff Comerchero, Mayor ATTEST: Susan . J nes, MMC itC! rk [SEAL] 1 R: /Resos 2010 /Resos 10 -19 8 ' 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. 10 -19 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 23rd day of February, 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 ' Susan . Jones, MMC City Clerk R: /Resos 2010 /Resos 10 -19 9 �..��•r�� ����wi ����� �w.�� `O: oc4d�c q{ 'ro; d . • �' ' C �°'o +l� ! '� 1 \ V '. ��.�` �� .�i ; 1T S •40 ii � t � e "� - �: • 1 1 � r t J':.. III III Santa Margarita Area IPIO RX ME I EXHIBIT 2 GENERAL PLAN AMENDMENT Properties with Hillside Residential (HR) 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) F ` S � .1 I .. -.-. '• _ � IMO .... .::::L' A N .ai"'r� "r .t"r X - _tea X�rX' A X'• w[r Xr ri"' � � _ 'Y - �^ _ '� _• .w ... .w ' :.: a. m •w �. _ _ _ 1 � < y — L ~^ ^ w. - y ..w L •w -. A L. + :X .. a :w ..w^ y... :+." _ .w .,,.w -y. i ' / .w .+ .wR+•w �X w w. r/ �•'� ` S _rte city of Temecula - Santa Margarita Area Anexatlon No. 2 .. qb bTamwuY CspoIaY LMb O�/7 — aaaaY � I / Exhibit 3 Gwwd PY laid Uaa ow7Tbw^+ ® General Plan Amendment a nasarbMwwwnra k—xat- Properties with OS Designation ©06 EXHIBIT 4 GENERAL PLAN AMENDMENT ' Properties with Open Space (OS) designation 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. 918060006 82.31 31 918060002 4.57 918060018 81.77 TOTAL 4284.5