PUBLIC NOTICE OF ORDINANCE ADOPTION
Notice is hereby given that the Murrieta City Council introduced the following Ordinance at a Regular meeting on November 16, 2021 and adopted the Ordinance at a Regular meeting on December 7, 2021, commencing at 6:00 p.m., City Council Chambers, 1 Town Square, Murrieta, CA 92562.
Said Ordinance is on file in the office of the City Clerk at 1 Town Square, Murrieta, CA 92562, and may be viewed on the City website at www.murrietaca.gov/. If you would like a copy of this Ordinance including exhibits, please contact the City Clerk’s office at (951) 461-6030.
ORDINANCE NO. 569-21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MURRIETA APPROVING AND ADOPTING DEVELOPMENT AGREEMENT 2018-1631 FOR THE MURRIETA HILLS PROJECT LOCATED ON APPROXIMATELY 972 ACRES WEST OF I-215, SOUTH OF KELLER ROAD, IMMEDIATELY NORTH OF THE GREER RANCH COMMUNITY, ABUTTING THE CITIES OF MENIFEE TO THE NORTH AND WILDOMAR TO THE WEST, IN THE COUNTY OF RIVERSIDE, CALIFORNIA
WHEREAS, the City Council of the City of Murrieta has found that development agreements strengthen the public planning process, encourage private participation in comprehensive planning by providing a greater degree of certainty in that process, reduce the economic costs of development, allow for the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved, and
WHEREAS, pursuant to Government Code Sections 65864 et seq., the City is authorized to enter into development agreements providing for the development of land under terms and conditions as set forth therein, and
WHEREAS, in order to obtain a greater degree of certainty as to the Applicant’s ability to expeditiously and economically develop the Project and provide the City with various public benefits, Pulte/BP Murrieta LLC (the “Applicant”) has duly filed an application for a development agreement in accordance with the State of California’s Development Agreement Statute (California Government Code Sections 65864 – 65869.5) on February 27, 2018 for Development Agreement No. 2018-1631 (“Development Agreement”) in conjunction with the Murrieta Hills Project (“Project”), and
WHEREAS, the term of the Development Agreement will commence upon the Effective Date and will continue for an initial term of ten (10 years), plus two (2) automatic extension of five (5) additional years each if necessary, for the successful development of the Murrieta Hills Project; and
WHEREAS the Project site is generally located west of I-215, south of Keller Road, immediately north of the Greer Ranch community, abutting the cities of Menifee to the north and Wildomar to the west, in the County of Riverside; and
WHEREAS, a public hearing was duly noticed for the Planning Commission meeting of May 12, 2021, by mailing a notice to property owners within a one-half mile radius of the site on April 30, 2021, publishing the notice in the Press Enterprise newspaper on May 2, 2021, and posting the Project site on April 30, 2021; and
WHEREAS, on May 12, 2021, the Planning Commission of the City of Murrieta held a duly noticed public hearing on the Project EIR, the Project, the Development Agreement and considered all written and oral reports of staff, public testimony on the matter, and written and oral testimony provided by the Applicant and such other matters as are reflected in the record of this matter; and
WHEREAS the Planning Commission used its independent judgment and considered all the reports, recommendations, and testimony set forth above; and
WHEREAS, on May 12, 2021, the Planning Commission recommended that the City Council certify the Final Environmental Impact Report (“FEIR”), including the Facts, Findings, and Statement of Overriding Considerations, and Mitigation Monitoring and Report Program for the Project by Planning Commission Resolution; and voted (5-0) to recommend approval of the Development Agreement to the City Council; and
WHEREAS, a public hearing on the matter was duly noticed as provided in Murrieta Development Code section 16.78.050 for the City Council meeting of November 16, 2021; and
WHEREAS, the City Council held a duly-noticed public hearing on November 16, 2021, at which time, the City Council considered the Planning Commission recommendations, staff report and public comments, both oral and written.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Murrieta, in accordance with Section 16.54 of the Murrieta Municipal Code, and based upon the facts and statements of public and city staff, and information of record provided at the public hearing in this matter, the City Council of the City of Murrieta makes the following findings regarding Development Agreement 2018-1631:
SECTION 1: Findings for Approval of the Murrieta Hills Development Agreement (2018-1631)
- As of the Effective Date, the Development Agreement is consistent with the Existing Land Use Regulations including without limitations the City’s General Plan, the City’s Municipal Code and the Murrieta Hills Specific Plan.
FACTS: The Development Agreement is consistent with the objectives, policies, general land uses, intensity of uses and programs of the City, the City General Plan, the Murrieta Hills Specific Plan, the Project Approvals that consist of General Plan Amendment 012-3165, Specific Plan Amendment 012- 3164, Change of Zone 013-3312 and Tentative Tract 35853 and all other Applicable Laws. Furthermore, the Development Agreement is compatible with the uses authorized in, and the regulations prescribed for the area in which the Property is located; is in conformity with and will promote public convenience, general welfare and good land use practice; will not be detrimental to the public health, safety and general welfare; will not adversely affect the orderly development of property or the preservation of property values in the immediate neighborhood and general surrounding area; and will promote and encourage the development of the Property by providing a greater degree of requisite certainty.
- The proposed project will result in a generation of municipal revenue, public infrastructure facilities and the enhancement of the quality of life including a variety of housing opportunities for present and future residents of the City and is therefore in the best interests of the City.
FACTS: The public benefits to the City and Applicant contemplated by development of the Project generally include, but are not limited to the following items: provide a variety of housing opportunities to serve the existing and future housing needs in the City, consistent with the goals and policies established in the Murrieta General Plan Land Use, Housing, Healthy Communities, Economic Development, and Safety Elements; provide an opportunity for neighborhood commercial development that will serve the Project and surrounding residents, while also generating sales tax revenue for the City and reducing overall vehicle trips and vehicle miles traveled; construct and dedicate to the City, a 4.7 acre public park for the benefit of all residents of the City; permanently preserve approximately 615 acres of natural open space under the Western Riverside County MSHCP, which exceeds the conservation requirements for the site; create and maintain a linear natural open space area to provide open space and protect environmentally sensitive areas by preserving oak woodland and riparian habitat areas. Enhance circulation in the Project area by providing a new connection via the proposed McElwain Road connection, improving Keller Road, and dedicating right-of-way for the proposed Keller Road/I-215 interchange improvements; enhance existing infrastructure to serve the Project and planned nearby development, including increasing the Eastern Municipal Water District’s (“EMWD”) water storage, service capacity and sewer capacity, as well as enhancing fire flow availability for fire protection purposes.
- The development agreement is in compliance with the provisions of the California Environmental Quality Act (CEQA).
FACTS: Pursuant to CEQA, a Draft Final Environmental Impact Report (SCH#2014-031045) was prepared and circulated for a 45-day public review and comment period. Public comments were received, and the City provided responses to the comments. The City Council has reviewed the Final Environmental Impact Report (“FEIR”) and has used its independent judgment and considered all the reports, recommendations, and testimony related to the FEIR in accordance with CEQA, including adopting a Statement of Facts and Findings, a Statement of Overriding Considerations and a Mitigation Monitoring & Reporting Program. Furthermore, none of the corrections or additions to the FEIR constitute significant new information or substantial project changes requiring recirculation of the EIR, as defined by Section 15088.5 of the CEQA Guidelines.
SECTION 2: APPROVAL
A. The Murrieta Hills Development Agreement attached as Attachment O1 to the Agenda Report is hereby adopted and incorporated herein by reference. [available upon request from the City Clerk’s Department],
SECTION 3: Notice of Adoption
The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in a manner prescribed by law. This Ordinance shall take effect thirty (30) days after the date of its adoption.
Introduced at a regular meeting of the City Council of the City of Murrieta, California, held on this 16th DAY OF NOVEMBER 2021.
PASSED, APPROVED AND ADOPTED THIS 7th day of December 2021 by the City Council of the City of Murrieta, State of California.
Scott Vinton, Mayor
Cristal McDonald, City Clerk
APPROVED AS TO FORM
Leslie E. Devaney, City Attorney
I, Cristal McDonald, City Clerk of the City of Murrieta, California do hereby certify under penalty of perjury that the foregoing Ordinance was duly and regularly introduced at a meeting of the City Council on the 16th of November, 2021 and that thereafter said Ordinance was duly and regularly adopted at a meeting of the City Council on the 7th day of December 2021 by the following roll call vote:
AYES: Ingram, DeForest, Stone, White, Vinton
DATED: December 7, 2021
Cristal McDonald, City Clerk
Published: December 16, 2021
A copy of the Ordinance, including exhibits, can be provided at no cost by contacting the City Clerks Department at (951) 461-6031 or [email protected]