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HomeMy WebLinkAbout15-09 CC Ordinance - Interim UrgencyORDINANCE NO. 15-09 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXTENDING THE TIME FOR COMMENCEMENT OF CONSTRUCTION UNDER CERTAIN EXISTING DEVELOPMENT PERMITS TO DECEMBER 1, 2015 TO ALLOW FOR COMPLETION OF A PERMANENT EXTENSION ORDINANCE; DECLARING THE URGENCY THEREOF; AND FINDING THIS INTERIM ORDINANCE EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CEQA GUIDELINES SECTION 15061(b)(3) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Temecula does hereby find, determine and declare as follows: A. Currently, Chapter 17.05 of the Temecula Municipal Code states that approved development plans have two years to commence construction before the approval for the development plan expires. Additionally, the Director of Community Development can grant up to three (3) individual extensions of one (1) year each as ' long as the development plan still conforms to the Development Code. (Section 17.05.010 G. and H.) B. On November 18, 2014, the City Council directed staff to analyze and prepare a Development Code update that examines the merits of modifying the development plan extension of time regulations. The economic recession beginning in 2008 severely and negatively impacted property owners in the City of Temecula and continues to impair the ability of property owners to finance new development on their properties. The economy of the City and the surrounding areas is strengthened by strong, vibrant and well-planned development of property in order to meet the employment and economic needs of the community. This Ordinance will preserve the status quo of the existing development permits until such time as a permanent ordinance can be completed and considered by the Planning Commission and City Council. In order to preserve the substantial efforts of property owners to develop new projects, the extensive reviews of those projects by the City Staff, Planning Commission and City Council, and strengthen the employment and economic needs of the community, the Council directed Staff to study an extension of the expiration dates of development plans. C. The suggested changes could potentially include creating additional extensions of time that would extend the life of a development plan approval beyond the ' currently allowed two (2) years for initial approval and three (3) individual one (1) year administrative extensions (total of 5 years). The new extension framework is initially Ords 15-09 1 contemplated to require City Council approval before an extension beyond that which is ' currently permitted would be granted. D. Since initial City Council direction on November 18, 2014, Staff has conducted a review of development plan approval regulations in comparable cities throughout Southern California. In addition, a public workshop was held to receive input from the community on potential changes to the City's Municipal Code. In order to complete the review of potential changes to the term of development plans, and avoid the expiration of active development plans, this ordinance would extend the term of approved development plans expiring between November 1, 2014 and December 1, 2015 to December 1, 2015. Section 2. Extension of Development Plans. For any approved Development Plan that has an expiration date between November 1, 2014 and December 1, 2015, the expiration date for commencement of construction shall be extended to December 1, 2015, notwithstanding the provisions of Temecula Municipal Code Section 17.05.010. G. and H. This provision shall apply to the expiration date a Development Plan under Section 17.05.010 G. or to the expiration date of any extension of a Development Plan granted pursuant to Section 17.05.010 H. Section 3. Urgency Findings. The City Council finds and determines that the immediate preservation of the public peace, health or safety requires that this Interim Ordinance be enacted as an urgency ordinance pursuant to Government Code Sections ' 36934 and 36937 and take effect immediately upon adoption. A. As described in Section 1 of this Interim Ordinance, the economic recession beginning in 2008 severely and negatively impacted property owners in the City of Temecula and continues to impair the ability of property owners to finance new development on their properties. Strong, vibrant and well-planned development of property in order to meet the employment and economic needs of the community will strengthen the economy of the City and the surrounding areas. This Ordinance will preserve the status quo of the existing development permits until such time as a permanent ordinance can be completed and considered by the Planning Commission and City Council. In order to preserve the substantial efforts of property owners to develop new projects and the extensive reviews of those projects by the City Staff, Planning Commission and City Council, and strengthen the employment and economic needs of the community the City Council finds it necessary to adopt an interim regulation that both respect property rights and protect the public health, safety and general welfare. B. For the reasons specified in Sections 1 and 3 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 the premature expiration of development permits within the City. Therefore, this Interim Ordinance is ' necessary for the immediate preservation of the public peace, health, safety and welfare and its urgency is hereby declared. Ords 15-09 2 Section 4. CEQA Finding. 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. This Ordinance is a procedural change to the existing development permits. The Ordinance does not add to or modify the various projects that might be affected. All of the development permits to which this ordinance will apply were subject to review under the California Environmental Quality Act at the time of approval. This Ordinance will preserve the status quo of the existing development permits until such time as a permanent ordinance can be completed and considered by the Planning Commission and City Council. 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 pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations. Section 5. Effective Date. This Ordinance shall be effective as of July 28, 2015. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of July, 2015. Jett C;omerchero, Mayor ATTIE T' Randi Johl-Olson, City Clerk [SEAL] Ords 15-09 3 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. 15-09 was duly passed and adopted at a meeting of the City Council of the City of Temecula on the 28th day of July, 2015, by the following vote: AYES: 5 COUNCIL MEMBERS: Edwards, McCracken, Naggar, Rahn, Comerchero NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: Ords 15-09 4 None Randi Johl-Olson, City Clerk