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HomeMy WebLinkAbout15-05 CC Ordinance - Interim UrgencyINTERIM ORDINANCE NO. 15-05 ' AN URGENCY ORDINANCE EXTENDING THE INTERIM ORDINANCE OF THE CITY OF TEMECULA PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 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 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 the Draft Environmental Impact Report ("Draft EIR") for the Uptown Jefferson Specific Plan. The Draft EIR is currently being circulated for formal public comment, with comments due by July 6, 2015. The Draft Uptown Jefferson Specific Plan was released for public review on May 14, 2015. Public hearings on the Draft Uptown Jefferson Specific Plan and Draft EIR will be held before ' the Planning Commission and City Council and are tentatively set for July and August 2015. 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"), attached hereto and incorporated herein by this reference. C. The proposed 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. Ords 15-05 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 Uptown Jefferson Specific Plan Area in order to accomplish the goals described in Subsection (C) above. E. The City has received several inquires about the development of land uses and construction of buildings and structures in the 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. At its meeting on April 28, 2015, the City Council adopted Interim Ordinance No. 15-04, an Interim Ordinance of the City of Temecula pursuant to California Government Code Section 65858 that temporarily prohibited certain uses and construction in the proposed Uptown Jefferson Specific Plan Area pending City Council consideration of the proposed Uptown Jefferson Specific Plan. Said ordinance was adopted so that City staff, the City Council, and the citizens of the City would have sufficient time to consider a comprehensive ordinance adopting the Uptown Jefferson ' Specific Plan Area. Ordinance No. 15-04 was effective immediately upon its adoption and remains in effect for a period of forty-five (45) days, pursuant to Government Code Sections 36934, 36937, and 65858(a). Ords 15-05 2 G. Under state law, the City may twice extend an interim ordinance that ' imposes a temporary moratorium on the approval of applications while contemplated zoning and permitting proposals are being considered upon a finding that there is a current and immediate threat to the public health, safety, or welfare. Pursuant to Government Code Section 65858(a), this first extension of the interim ordinance must first be adopted by not less than a four-fifths vote of this City Council and will be in effect for an additional ten (10) months and fifteen (15) days from its adoption. The City Council may consider one additional one-year extension to the interim ordinance, pursuant to all legal requirements, if necessary. H. Therefore, for these reasons, and based on all evidence in the record, there is a current and immediate threat to the public health, safety and welfare if, in the interim time necessary to complete the processing of the Draft EIR and Draft 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 necessary to the accomplishment of the purposes and goals of the proposed Uptown Jefferson Specific Plan. I. The Director of Community Development and the City Clerk find that additional time is needed to process the Draft EIR and the Draft Uptown Jefferson ' Specific Plan to allow the Planning Commission and the City Council to consider a comprehensive ordinance regarding the adoption of the Uptown Jefferson Specific Plan, pursuant to Government Code Section 65858. The comprehensive ordinance and other resolutions needed for the implementation of the Uptown Jefferson Specific Plan, together with the necessary public outreach, legal research, and City processes for consideration of such enactments, will require, at minimum, ten (10) months and fifteen (15) days. J. Pursuant to Government Code Section 65858, a duly noticed public hearing was held on June 9, 2015 at 7 p.m. in the City Hall Council Chambers, 41000 Main Street, Temecula California. Notice of the time, place and purpose of the aforesaid hearing was duly given as required by law. K. Evidence, both written and oral, was duly presented to and considered by the City Council of the City of Temecula at the aforesaid public hearing. 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. Ords 15-05 3 Section 3. Urgency Findinqs. ' 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, Uptown Jefferson 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 in the proposed Uptown Jefferson Specific Plan Area 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 before 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 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, extending Interim Ordinance No. 15-04, 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 Ords 15-05 4 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), and is necessary to provide additional time to prepare the necessary documents in order to consider a comprehensive ordinance adopting the Jefferson Park Specific Plan. Section 5. Moratorium established and defined. The City of Temecula hereby extends the 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, 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 this Interim Ordinance may continue to be occupied as such during 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 5 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; 3. Repairs or construction ordered by, or undertaken by, the City or its agents; and ords 15-05 5 4. Any application for a conditional use permit on property within the Uptown Jefferson Specific Plan Area that was submitted to and deemed complete by the City's Community Development Department on or before April 28, 2015, provided that, the conditional use permit for the project must be approved, denied or conditionally approved by the City Council following a recommendation from the Planning Commission, and, provided further, that the City Council may impose reasonable conditions on the conditional use permit in order to mitigate the impact of the project that would otherwise be incompatible with the allowable uses and development standards under the proposed Uptown Jefferson Specific Plan, including, without limitation, the duration of the incompatible use and architectural design of the project. 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. 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. Ords 15-05 6 The Director of Community Development and the City Clerk shall undertake all actions legally necessary to extend this Interim Ordinance in the event the documents desired by this City Council, including the Final EIR and Uptown Jefferson Specific Plan, will not be finalized on or before the tenth (10th) month and fifteenth (15th) days 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 ten (10) months and fifteen (15) days from the date of adoption; 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. Ords 15-05 7 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of June, 2015. J r/ Jeff Comerchero, Mayor .i ATT ES 1 11 o on, City Clerk [SEAL] Ords 15-05 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. 15-05 was duly introduced at a meeting of the City Council of the City of Temecula on the 9th day of June, 2015, and said Ordinance was duly adopted by the City Council of the City of Temecula on the 9th day of June, 2015, by the following vote: AYES: 4 COUNCIL MEMBERS NOES: 0 COUNCIL MEMBERS ABSTAIN: 0 COUNCIL MEMBERS ABSENT: 1 COUNCIL MEMBERS orris '.5-05 9 Edwards, McCracken, Rahn, Comerchero None None Naggar andi Johl-Olson, City Clerk EXHIBIT A WEINN III ■•: R _ 1 �I SOON! r Elf.' OL ": Iprur Exhibit B Proposed Uptown Jefferson Specific Plan Land Use Matrix Table 3-9 Land Use Matrix' List of Uses WFi-RO 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)Z Alcoholism or drug abuse recovery or treatment facility C (seven to twelve)z 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) B Automotive maintenance/light C C C - repair Automotive repair (heavy repair) Bar, cocktail lounge, night club, live entertainment C C C C C C (indoor only) Car wash 5 C C C C Community care facility C C Day care/preschool P P P P C C P (commercial) Drive-thru6 C C C C Educational institutions C C C C Facilities for mentally disordered, disabled, or C dependent or neglected children (seven to twelve) Z Farmer's market (outdoor) C C C C C C Grocery store P P P P P P Health, fitness, dance, martial C C C C C C arts studio Home occupations P P P P P P P Hospital C C Hotel P P P P P Kennel/cattery/pet day care C C C C C facility 6 Light manufacturing (indoor C C C only) Multi-purpose trail P P P P P P P P Nature center/exhibits P Office (administrative/ professional/medical/ P P P P P° government) Parking lots/ parking C C C C C structures (standalone) 6 Performing arts venue, C C C C C C theatre, cinema, museum Private smoking C C C C C lounge/hookah lounge Residential P Pb P P P P P Residential care facilities (six P or fewer) 2 Residential care facilities C (seven to twelve) 2 Residential care facilities for P the elderly (six or fewer) 2 Residential care facilities for C the elderly (seven to twelve) 2 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. 3 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. 6Subject to the Standards for Specific Uses outlined in Section 3.1.