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HomeMy WebLinkAbout17-47 PC Resolution PC RESOLUTION NO. 17-47 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE DEVELOPMENT AGREEMENT WITH AMBIENT COMMUNITIES FOR THE ALTAIR SPECIFIC PLAN #15 ON APPROXIMATELY 270 ACRES GENERALLY LOCATED SOUTH AND WEST OF THE INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER (APNS 922-210-049, 940-310-013, 940-310-015, 940-310-016, 940-310-044 THROUGH 940-310-048, AND 940-320-001 THROUGH 940-320-007" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On November 24, 2014, Rob Honer, representing Ambient Communities filed Planning Application Nos. PA14-0158, a General Plan Amendment; PA14-0159, a Specific Plan; PA14-0160, a Tentative Tract Map; and PA14-0161, a Development Agreement. These applications (collectively "proposed Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The proposed Project consists of a change in the General Plan designation on the proposed Project site from Industrial Park (IP), Open Space (OS), Medium Density Residential (M), High Density Residential (H), and Hillside Residential (HR) to Specific Plan Implementation (SPI) for the Altair Specific Plan. The Altair Specific Plan is a series of standards and regulations that will govern all development on the property. These standards and regulations address land use standards, a form based code, setbacks, building height, and parking requirements. Together, these regulations and standards seek to ensure cohesiveness in the design and aesthetic appearance of the proposed Project site, and compatibility with the surrounding community. In addition to the proposed General Plan Amendment and Specific Plan, the proposed Project also includes a Tentative Tract Map and a Development Agreement. C. The proposed Project 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. D. An Environmental Impact Report (EIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the proposed Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from May 2, 2016 through June 17, 2016. The City published a Notice of Availability for the Draft EIR in the San Diego Union Tribune, a newspaper of general circulation within the City. A Notice of Availability was also sent to adjacent property owners indicating a review period of May 2, 2016 through June 17, 2016. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. E. On November 15, 2017, the Planning Commission considered the Final Environmental Impact Report ("EIR"), Planning Application Nos. PA14-0158, a General Plan Amendment; PA14-0159, a Specific Plan; PA14-0160, a Tentative Tract Map; and PA14-0161, a Development Agreement, 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 in opposition to, this matter. F. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 17-43, "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE ALTAIR PROJECT, CONSISTING OF APPROXIMATELY 270 ACRES GENERALLY LOCATED SOUTH AND WEST OF THE INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER (APNS 922-210-049, 940-310-013, 940-310-015, 940-310-016, 940-310-044 THROUGH 940-310-048, AND 940-320-001 THROUGH 940-320-007)." Resolution No. 17-43 and the findings therein are hereby incorporated by this reference as set forth in full. G. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending approval of the Development Agreement for the Altair Specific Plan #15 No. PA14-0161, hereby finds, determines and declares that: A. The Development Agreement complies with the requirements of California Government Code Sections 65865 through 65869.5 in that the Development Agreement specifies in detail and contains the following: 1. Provisions in Section 9.1 requiring periodic review at least every twelve months, at which time the Applicant shall be required to demonstrate good faith compliance with the terms of the Development Agreement (California Government Code Section 65865.1). 2. Duration of the Development Agreement, as specified in Section 2.3 of the Agreement as being twenty (20) years (Government Code Section 65865.2). 3. The permitted uses of the property, the density and intensity of use, the maximum height and size of the proposed buildings, and provisions for reservation or dedication of land for public purposes in Sections 2, 3, and 7-10 of the Specific Plan (which is incorporated into the Development Agreement and herein by this reference) and in Section 4 of the Development Agreement (Government Code Section 65865.2). 4. Terms and conditions in Section 11 of the Specific Plan (which is incorporated into the Development Agreement by reference), and in Sections 2-4 of the Development Agreement, that require the developer to construct all necessary public improvements necessary to access and improve the property for the proposed use (Government Code Section 65865.2). B. Pursuant to Section 65867.5, the provisions of the Development Agreement are consistent with the City's General Plan and the following goals and policies: The Development Agreement is consistent with the City's General Plan, as amended. The Development Agreement will allow for the construction of up to 1,750 new homes for a range of household sizes, income, and demographics. The Land Use Element identifies the objective for this area which is to "provide complimentary land uses to Old Town that increase the vitality of the area; to increase the range of the housing opportunities west of 1-15; and to encourage sensitive site and building design given the topography of the area." The Development Agreement will allow for the construction of a range of multifamily and detached housing types within walking distance of Old Town that will result in a vibrant combination of uses for the aggregate planning areas. The Development Agreement will satisfy two of the four implementation measures listed in LU-22 of the Land Use Element Implementation Program: "[p]roviding infill residential opportunities within the area and the adjacent Westside Specific Plan to create a nighttime population for the area," and "[I]ocating additional public and community facilities within and surrounding the Old Town area." The Development Agreement is also consistent with Goal 2 of the Circulation Element of the General Plan which is to create a "regional transportation system that accommodates the safe and efficient movement of people and goods to and from the community." The Development Agreement will require the developer to construct a significant portion of the Western Bypass Corridor project connecting SR-79 (Temecula Parkway) to Rancho California Road via Vincent Moraga Drive. The Development Agreement is also consistent with Goal 1 of the Housing Element which is to "provide a diversity of housing opportunities that satisfy the physical, social, and economic needs of existing and future residents of Temecula." Single-family detached houses represent 80% of the existing housing stock in the City. The Development Agreement will allow for the construction of a mixture of housing which is needed in the City. Among other policies in the Housing Element, the Development Agreement implements Policy 1.2 of the Housing Element which is to "[e]ncourage residential development that provides a range of housing types in terms of cost, density and type, and provides the opportunity for local residents to live and work in the same community by balancing jobs and housing types." It also implements Policy 1.3 which is to "[r]equire a mixture of diverse housing types and densities in new developments around the village centers to enhance their people orientation and diversity." The Development Agreement will allow development predominantly east of the Western Bypass, preserving the western portion of the property as natural open space, thus consistent with Policy 1 .5 of the Housing Element which is to "[e]ncourage the use of clustered development to preserve and enhance important environmental resources and open space, consistent with sustainability principles." Further findings of consistency between the Specific Plan, which the Development Agreement implements, and the General Plan can be found in Section 2.6 of the Specific Plan, which is hereby incorporated by this reference. The Development Agreement complies with the goals and objectives of the General Plan by providing extraordinary public benefits in the form of public infrastructure, parks, trails, and a 55-acre civic site for public use to justify the increased density associated with the Altair Specific Plan and Development Agreement. C. Pursuant to Section 65867.5(c), a Development Agreement that includes a subdivision shall not be approved unless the agreement provides that any tentative map prepared for the subdivision will comply with the provisions of Government Code section 66473.7. Section 3.7.5 of the Development Agreement provides that any tentative map prepared for the proposed Project shall comply with California Government Code Section 66473.7. Section 3. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt an Ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE DEVELOPMENT AGREEMENT WITH AMBIENT COMMUNITIES FOR THE ALTAIR SPECIFIC PLAN #15 ON APPROXIMATELY 270 ACRES GENERALLY LOCATED SOUTH AND WEST OF THE INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER (APNS 922-210-049, 940-310-013, 940-310-015, 940-310- 016, 940-310-044 THROUGH 940-310-048, AND 940-320-001 THROUGH 940-320-007" in substantially the same form as attached hereto as Exhibit A, and incorporated herein by this reference. Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 15th day of November, 2017. Joh Telesio, Chairperson ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 17-47- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 15th day of November, 2017, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Guerriero, Telesio, Turley-Trejo, Watts, Youmans NOES: 0 PLANNING COMMISSIONERS: NONE ABSENT: 0 PLANNING COMMISSIONERS: NONE ABSTAIN: 0 PLANNING COMMISSIONERS: NONE Luke Watson Secretary ATTACHMENT 11 PC RESOLUTION DEVELOPMENT AGREEMENT PC RESOLUTION NO. 17- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE DEVELOPMENT AGREEMENT WITH AMBIENT COMMUNITIES FOR THE ALTAIR SPECIFIC PLAN #15 ON APPROXIMATELY 270 ACRES GENERALLY LOCATED SOUTH AND WEST OF THE INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER (APNS 922-210-049, 940-310-013, 940-310-015, 940-310-016, 940-310-044 THROUGH 940-310-048, AND 940-320-001 THROUGH 940-320-007" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On November 24, 2014, Rob Honer, representing Ambient Communities filed Planning Application Nos. PA14-0158, a General Plan Amendment; PA14-0159, a Specific Plan; PA14-0160, a Tentative Tract Map; and PA14-0161, a Development Agreement. These applications (collectively "proposed Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The proposed Project consists of a change in the General Plan designation on the proposed Project site from Industrial Park(IP), Open Space (OS), Medium Density Residential (M), High Density Residential (H), and Hillside Residential (HR) to Specific Plan Implementation (SPI) for the Altair Specific Plan. The Altair Specific Plan is a series of standards and regulations that will govern all development on the property. These standards and regulations address land use standards, a form based code, setbacks, building height, and parking requirements. Together, these regulations and standards seek to ensure cohesiveness in the design and aesthetic appearance of the proposed Project site, and compatibility with the surrounding community. In addition to the proposed General Plan Amendment and Specific Plan, the proposed Project also includes a Tentative Tract Map and a Development Agreement. C. The proposed Project 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. D. An Environmental Impact Report(EIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the proposed Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from May 2, 2016 through June 17, 2016. The City published a Notice of Availability for the Draft EIR in the San Diego Union Tribune, a newspaper of general circulation within the City. A Notice of Availability was also sent to adjacent property owners indicating a review period of May 2, 2016 through June 17, 2016. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. E. On November 15, 2017, the Planning Commission considered the Final Environmental Impact Report ("EIR"), Planning Application Nos. PA14-0158, a General Plan Amendment; PA14-0159, a Specific Plan; PA14-0160, a Tentative Tract Map; and PA14-0161, a Development Agreement, 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 in opposition to, this matter. F. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 17- "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE ALTAIR PROJECT, CONSISTING OF APPROXIMATELY 270 ACRES GENERALLY LOCATED SOUTH AND WEST OF THE INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER (APNS 922-210-049, 940-310-013, 940-310-015, 940-310-016, 940-310-044 THROUGH 940-310-048, AND 940-320-001 THROUGH 940-320-007)." Resolution No. 17- and the findings therein are hereby incorporated by this reference as set forth in full. G. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending approval of the Development Agreement for the Altair Specific Plan #15 No. PA14-0161, hereby finds, determines and declares that: A. The Development Agreement complies with the requirements of California Government Code Sections 65865 through 65869.5 in that the Development Agreement specifies in detail and contains the following: 1. Provisions in Section 9.1 requiring periodic review at least every twelve months, at which time the Applicant shall be required to demonstrate good faith compliance with the terms of the Development Agreement (California Government Code Section 65865.1). 2. Duration of the Development Agreement, as specified in Section 2.3 of the Agreement as being twenty (20) years (Government Code Section 65865.2). 3. The permitted uses of the property, the density and intensity of use, the maximum height and size of the proposed buildings, and provisions for reservation or dedication of land for public purposes in Sections 2, 3, and 7-10 of the Specific Plan (which is incorporated into the Development Agreement and herein by this reference) and in Section 4 of the Development Agreement (Government Code Section 65865.2). 4. Terms and conditions in Section 11 of the Specific Plan (which is incorporated into the Development Agreement by reference), and in Sections 2-4 of the Development Agreement, that require the developer to construct all necessary public improvements necessary to access and improve the property for the proposed use (Government Code Section 65865.2). B. Pursuant to Section 65867.5, the provisions of the Development Agreement are consistent with the City's General Plan and the following goals and policies: The Development Agreement is consistent with the City's General Plan, as amended. The Development Agreement will allow for the construction of up to 1,750 new homes for a range of household sizes, income, and demographics. The Land Use Element identifies the objective for this area which is to "provide complimentary land uses to Old Town that increase the vitality of the area; to increase the range of the housing opportunities west of 1-15; and to encourage sensitive site and building design given the topography of the area." The Development Agreement will allow for the construction of a range of multifamily and detached housing types within walking distance of Old Town that will result in a vibrant combination of uses for the aggregate planning areas. The Development Agreement will satisfy two of the four implementation measures listed in LU-22 of the Land Use Element Implementation Program: "[p]roviding infill residential opportunities within the area and the adjacent Westside Specific Plan to create a nighttime population for the area," and "[I]ocating additional public and community facilities within and surrounding the Old Town area." The Development Agreement is also consistent with Goal 2 of the Circulation Element of the General Plan which is to create a "regional transportation system that accommodates the safe and efficient movement of people and goods to and from the community." The Development Agreement will require the developer to construct a significant portion of the Western Bypass Corridor project connecting SR-79 (Temecula Parkway)to Rancho California Road via Vincent Moraga Drive. The Development Agreement is also consistent with Goal 1 of the Housing Element which is to "provide a diversity of housing opportunities that satisfy the physical, social, and economic needs of existing and future residents of Temecula." Single-family detached houses represent 80% of the existing housing stock in the City. The Development Agreement will allow for the construction of a mixture of housing which is needed in the City. Among other policies in the Housing Element, the Development Agreement implements Policy 1.2 of the Housing Element which is to "[e]ncourage residential development that provides a range of housing types in terms of cost, density and type, and provides the opportunity for local residents to live and work in the same community by balancing jobs and housing types." It also implements Policy 1.3 which is to "[r]equire a mixture of diverse housing types and densities in new developments around the village centers to enhance their people orientation and diversity." The Development Agreement will allow development predominantly east of the Western Bypass, preserving the western portion of the property as natural open space, thus consistent with Policy 1.5 of the Housing Element which is to "[e]ncourage the use of clustered development to preserve and enhance important environmental resources and open space, consistent with sustainability principles." Further findings of consistency between the Specific Plan, which the Development Agreement implements, and the General Plan can be found in Section 2.6 of the Specific Plan, which is hereby incorporated by this reference. The Development Agreement complies with the goals and objectives of the General Plan by providing extraordinary public benefits in the form of public infrastructure, parks, trails, and a 55-acre civic site for public use to justify the increased density associated with the Altair Specific Plan and Development Agreement. C. Pursuant to Section 65867.5(c), a Development Agreement that includes a subdivision shall not be approved unless the agreement provides that any tentative map prepared for the subdivision will comply with the provisions of Government Code section 66473.7. Section 3.7.5 of the Development Agreement provides that any tentative map prepared for the proposed Project shall comply with California Government Code Section 66473.7. Section 3. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt an Ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE DEVELOPMENT AGREEMENT WITH AMBIENT COMMUNITIES FOR THE ALTAIR SPECIFIC PLAN #15 ON APPROXIMATELY 270 ACRES GENERALLY LOCATED SOUTH AND WEST OF THE INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER (APNS 922-210-049, 940-310-013, 940-310-015, 940-310- 016, 940-310-044 THROUGH 940-310-048, AND 940-320-001 THROUGH 940-320-007" in substantially the same form as attached hereto as Exhibit A, and incorporated herein by this reference. Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 15th day of November, 2017. John Telesio, Chairperson ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. - was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 15th day of November, 2017, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson Secretary ATTACHMENT 11.1 CITY COUNCIL ORDINANCE DEVELOPMENT AGREEMENT ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE DEVELOPMENT AGREEMENT WITH AMBIENT COMMUNITIES FOR THE ALTAIR SPECIFIC PLAN #15 ON APPROXIMATELY 270 ACRES GENERALLY LOCATED SOUTH AND WEST OF THE INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER (APNS 922-210-049, 940-310-013, 940-310-015, 940-310-016, 940-310-044 THROUGH 940- 310-048, AND 940-320-001 THROUGH 940-320-007) 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. On November 24, 2014, Rob Honer, representing Ambient Communities filed Planning Application Nos. PA14-0158, a General Plan Amendment; PA14-0159, a Specific Plan; PA14-0160, a Tentative Tract Map; and PA14-0161, a Development Agreement. These applications (collectively "Project') were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The proposed Project consists of a change in the General Plan designation on the proposed Project site from Industrial Park(IP), Open Space(OS), Medium Density Residential (M), High Density Residential (H), and Hillside Residential (HR) to Specific Plan Implementation (SPI) for the Altair Specific Plan. The Altair Specific Plan is a series of standards and regulations that will govern all development on the property. These standards and regulations address land use standards, a form based code, setbacks, building height, and parking requirements. Together, these regulations and standards seek to ensure cohesiveness in the design and aesthetic appearance of the proposed Project site, and compatibility with the surrounding community. In addition to the proposed General Plan Amendment and Specific Plan, the proposed Project also includes a Tentative Tract Map and a Development Agreement. C. The proposed Project 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. D. An Environmental Impact Report(EIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the proposed Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from May 2, 2016 through June 17, 2016. The City published a Notice of Availability for the Draft EIR in the San Diego Union Tribune, a newspaper of general circulation within the City. A Notice of Availability was also sent to adjacent property owners indicating a review period of May 2, 2016 through June 17, 2016. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ron H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. E. On November 15, 2017, the Planning Commission considered the Final Environmental Impact Report ("EIR"), Planning Application Nos. PA14-0158, a General Plan Amendment; PA14-0159, a Specific Plan; PA14-0160, a Tentative Tract Map; and PA14-0161, a Development Agreement, 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 in opposition to, this matter. F. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 17- "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE ALTAIR PROJECT, CONSISTING OF APPROXIMATELY 270 ACRES GENERALLY LOCATED SOUTH AND WEST OF THE INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER (APNS 922-210-049, 940-310-013, 940-310-015, 940-310-016, 940-310-044 THROUGH 940-310-048, AND 940-320-001 THROUGH 940-320-007)." G. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 17- "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED `AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE DEVELOPMENT AGREEMENT WITH AMBIENT COMMUNITIES FOR THE ALTAIR SPECIFIC PLAN #15 ON APPROXIMATELY 270 ACRES GENERALLY LOCATED SOUTH AND WEST OF THE INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER (APNS 922-210-049, 940-310-013, 940-310-015, 940-310-016, 940-310-044 THROUGH 940-310-048, AND 940-320-001 THROUGH 940-320-007)."' H. On , the City Council of the City of Temecula considered the proposed Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The City Council considered all the testimony and any comments received regarding the proposed Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. I. Following the public hearing, the Council adopted Resolution No. 17- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE ALTAIR PROJECT, CONSISTING OF APPROXIMATELY 270 ACRES, GENERALLY LOCATED SOUTH AND WEST OF THE INTERSECTION OF RIDGE PARK DRIVE AND VINCENT MORAGA; WEST OF PUJOL STREET AND MURRIETA CREEK; AND NORTH OF SANTA MARGARITA RIVER (APNS 922-210-049, 940-310-013, 940-310-015, 940-310-016, 940-310-044 THROUGH 940-310-048, AND 940-320-001 THROUGH 940-320-007)." Resolution No. 17- and the findings therein are hereby incorporated by this reference as set forth in full. J. All legal preconditions to the adoption of this Ordinance have occurred. Section 2. Legislative Findings. The City Council in approving the Development Agreement with Ambient Communities for the Altair Specific Plan hereby makes the following findings: A. The Development Agreement complies with the requirements of California Government Code Sections 65865 through 65869.5 in that the Development Agreement specifies in detail and contains the following: 1. Provisions in Section 9.1 requiring periodic review at least every twelve months, at which time the Applicant shall be required to demonstrate good faith compliance with the terms of the Development Agreement (California Government Code Section 65865.1). 2. Duration of the Development Agreement, as specified in Section 2.3 of the Agreement as being twenty (20) years (Government Code Section 65865.2). 3. The permitted uses of the property, the density and intensity of use, the maximum height and size of the proposed buildings, and provisions for reservation or dedication of land for public purposes in Sections 2, 3, and 7-10 of the Specific Plan (which is incorporated into the Development Agreement and herein by this reference) and in Section 4 of the Development Agreement (Government Code Section 65865.2). 4. Terms and conditions in Section 11 of the Specific Plan (which is incorporated into the Development Agreement by reference), and in Sections 2-4 of the Development Agreement, that require the developer to construct all necessary public improvements necessary to access and improve the property for the proposed use (Government Code Section 65865.2). B. Pursuant to Section 65867.5, the provisions of the Development Agreement are consistent with the City's General Plan and the following goals and policies: The Development Agreement is consistent with the City's General Plan, as amended. The Development Agreement will allow for the construction of up to 1,750 new homes for a range of household sizes, income, and demographics. The Land Use Element identifies the objective for this area which is to "provide complimentary land uses to Old Town that increase the vitality of the area; to increase the range of the housing opportunities west of 1-15; and to encourage sensitive site and building design given the topography of the area." The Development Agreement will allow for the construction of a range of multifamily and detached housing types within walking distance of Old Town that will result in a vibrant combination of uses for the aggregate planning areas. The Development Agreement will satisfy two of the four implementation measures listed in LU-22 of the Land Use Element Implementation Program: "[p]roviding infill residential opportunities within the area and the adjacent Westside Specific Plan to create a nighttime population for the area," and "[I]ocating additional public and community facilities within and surrounding the Old Town area." The Development Agreement is also consistent with Goal 2 of the Circulation Element of the General Plan which is to create a "regional transportation system that accommodates the safe and efficient movement of people and goods to and from the community." The Development Agreement will require the developer to construct a significant portion of the Western Bypass Corridor project connecting SR-79 (Temecula Parkway)to Rancho California Road via Vincent Moraga Drive. The Development Agreement is also consistent with Goal 1 of the Housing Element which is to "provide a diversity of housing opportunities that satisfy the physical, social, and economic needs of existing and future residents of Temecula." Single-family detached houses represent 80% of the existing housing stock in the City. The Development Agreement will allow for the construction of a mixture of housing which is needed in the City. Among other policies in the Housing Element, the Development Agreement implements Policy 1.2 of the Housing Element which is to "[e]ncourage residential development that provides a range of housing types in terms of cost, density and type, and provides the opportunity for local residents to live and work in the same community by balancing jobs and housing types." It also implements Policy 1.3 which is to "[r]equire a mixture of diverse housing types and densities in new developments around the village centers to enhance their people orientation and diversity." The Development Agreement will allow development predominantly east of the Western Bypass, preserving the western portion of the property as natural open space, thus consistent with Policy 1.5 of the Housing Element which is to "[e]ncourage the use of clustered development to preserve and enhance important environmental resources and open space, consistent with sustainability principles." Further findings of consistency between the Specific Plan, which the Development Agreement implements, and the General Plan can be found in Section 2.6 of the Specific Plan, which is hereby incorporated by this reference. The Development Agreement complies with the goals and objectives of the General Plan by providing extraordinary public benefits in the form of public infrastructure, parks, trails, and a 55-acre civic site for public use to justify the increased density associated with the Altair Specific Plan and Development Agreement. C. Pursuant to Section 65867.5(c), a Development Agreement that includes a subdivision shall not be approved unless the agreement provides that any tentative map prepared for the subdivision will comply with the provisions of Government Code section 66473.7. Section 3.7.5 of the Development Agreement provides that any tentative map prepared for the proposed Project shall comply with California Government Code Section 66473.7. Section 3. Consistency with General Plan. On the City Council adopted Resolution No. , which amended the Land Use Element and Circulation Element of the General Plan, in conformity with Government Code section 65300.5. Therefore, the foregoing amendments outlined in this Ordinance are consistent with the goals and policies of the General Plan for the City of Temecula. Section 4. Approval of the Development Agreement. The City Council hereby approves the Development Agreement between the City of Temecula and Temecula West Village, LLC, in substantially the form presented to the City Council and authorizes the Mayor to execute the Development Agreement on behalf of the City. Upon execution by all parties, an original shall be kept on file in the Office of the City Clerk. Section 5. 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 6. Effective Date. This Ordinance shall take effect thirty(30) days after its adoption. Section 7. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , Maryann Edwards, Mayor ATTEST: Randi Johl, City Clerk [SEAL] 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. - was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the day of , ,and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk