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HomeMy WebLinkAbout15-12 CC Ordinance ORDINANCE NO. 15-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE BY EXTENDING THE TIME FOR COMMENCEMENT OF CONSTRUCTION OF CERTAIN DEVELOPMENT PERMITS AND INCREASING THE NUMBER OF EXTENSIONS OF TIME ALLOWED FOR SAID PERMITS (LONG RANGE PLANNING APPLICATION NO. LR15-1285) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. The economic recession that began in 2008 continues to impede a property owners ability to finance new development on their properties. B. During the application review process of a development plan, both the City of Temecula and the project applicant expend substantial resourses to ensure the highest quality project is designed that benefits both the property owner and ensures the quality of life and economic needs of the community are met. C. In order to preserve the substantial efforts of property owners to develop new projects, which in turn strengthen the employement and economic needs of the community, the City Council, on November 18, 2014, directed staff to study an extension of the expiration dates of development plans. D. On July 28, 2015 the City Council of the City of Temecula approved an Interim Ordinance that preserved the status quo of approved development plans with an expiration date between November 1, 2014 and December 1, 2015, and until such time as a permanent ordinance is completed and considered by the Planning Commission and City Council. E. The Planning Commission considered the proposed amendments to Title 17 of the Temecula Municipal Code ("Ordinance") on October 21, 2015, at a duly noticed public hearing as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support of or opposition to this matter. F. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 15- 25, recommending approval of the Ordinance by the City Council. Ords 15-12 1 G. The City Council, at a regular meeting, considered the Ordinance and on November 10, 2015, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. H. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. Section 2. Extension of Development Plans. This Ordinance shall apply to all Development Plans that have an expiration date November 1 , 2014 or later. Section 3. Environmental Findings. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed amendments to Title 17 of the Temecula Municipal Code may have a significant effect on the environment. The Ordinance will have no adverse environmental affects because it will allows for the expiration of approved development plans to be administratively extended up to five years beyond the initial three year term, and allows for additional one year time extensions by approval of the City Council at a public hearing. All existing approved development plans that have not expired, have undergone environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines, and all future development plans are subject to review under CEQA Guidelines prior to their approval. The Planning Commission, therefore, recommends that the City Council of the City of Temecula adopt a Notice of Exemption for the proposed ordinance. Section 4. Section 17.05.010.G and H of Title 17 of the Temecula Muniicpal Code is hereby amended by revising the expiration and extension of time for development plans as follows: "G. Expiration of Development Plans. Within three years of development plan approval, commencement of construction shall have occurred or the approval shall become null and void. H. Time Extensions. The Director of Community Development may, upon an application being filed prior to the expiration, grant a time extension of one year (up to five extensions may be granted). Upon granting the extension, the Director of Community Development shall ensure that the development plan complies with all development code provisions. 1. For any time extension that administratively extends an approval that was originally approved at a public hearing, notice of the Director of Community Development's decision to administratively approve a time extension shall be posted at the site and mailed at least ten days prior to its approval to the applicant and its Ords 15-12 2 representative (as shown on the application); to the property owner (as shown on the latest available equalized assessment roll of the County of Riverside) or the owner's agent; to all persons whose names and addresses appear on the latest available assessment roll of the County of Riverside as owners of property within a distance of six hundred feet from the exterior boundaries of the site for which the application is filed (a minimum of thirty property owners); to anyone filing a written request for notification; and to such other persons whose property might, in the Director of Community Development's judgment, be affected by the establishment of the use or zone requested. Notice shall also be sent to public departments, bureaus, or agencies which are determined by the Director of Community Development to be affected by the application. 2. For matters that are considered to have special significance or impact, the Director of Community Development may refer such items to the Planning Commission for consideration at a noticed public hearing. 3. A request for an extension of time beyond the fifth approval of an extension of time may be granted by the City Council at a public hearing. 4. A modification made to an approved development plan does not affect the original approval date of a development plan. 5. Any development plan which was approved in conjunction with a tentative subdivision map shall expire no sooner than the approved tentative map or any extension of time approved for the tentative map, whichever occurs later." Section 5. Section 17.05.020.G and H of Title 17 of the Temecula Muniicpal Code is hereby amended by revising the expiration and extension of time for administratively approved development plans as follows: "G. Expiration of Administrative Approval. Within three years of administrative approval, commencement of construction shall have occurred or the approval shall become null and void. H. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration and for good cause, grant a time extension of up to five one-year extensions of time. Each extension of time shall be granted in one- year increments only. Upon granting of an extension, the Director of Community Development shall ensure that conditions of the administrative approval comply with all current development code provisions. 1 . For any time extension that administratively extends an approval that was originally approved at a public hearing, notice of the Director of Community Development's decision to administratively approve a time extension shall be posted at the site and mailed at least ten days prior to its approval to the applicant and its representative (as shown on the application); to the property owner (as shown on the Ords 15-12 3 latest available equalized assessment roll of the County of Riverside) or the owner's agent; to all persons whose names and addresses appear on the latest available assessment roll of the County of Riverside as owners of property within a distance of six hundred feet from the exterior boundaries of the site for which the application is filed (a minimum of thirty property owners); to anyone filing a written request for notification; and to such other persons whose property might, in the Director of Community Development's judgment, be affected by the establishment of the use or zone requested. Notice shall also be sent to public departments, bureaus, or agencies which are determined by the Director of Community Development to be affected by the application. 2. A request for an extension of time beyond the fifth approval of an extension of time may be granted by the City Council at a public hearing. 3. A modification made to an approved development plan does not affect the original approval date of a development plan. 4. Any development plan which was approved in conjunction with a tentative subdivision map shall expire no sooner than the approved tentative map or any extension of time approved for the tentative map, whichever occurs later." Section 6. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 7. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. Section 8. Effective Date. This Ordinance shall take effect thirty (30) days after passage. Ords 15-12 4 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 8th day of December, 2015. A ! — �� zi/- Jeff Comerchero, Mayor ATTEST: Randi Johl, Ci Clerk [SEAL] I I Ords 15-12 5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 15-12 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 10th day of November, 2015, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 8th day of December, 2015, 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: None Randi Johl, City Clerk Ords 15-12 6