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