2010-71 Agreement with KB r
ORDINANCE NO. 2010-71
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE
APPROVING A DEVELOPMENT AGREEMENT WITH KB HOME COASTAL INC.
The City Council of the City of Menifee ordains as follows:
SECTION 1. The City Council finds that:
(a) The City Council has adopted Menifee Municipal Code Section 9.75 which
authorizes the City Council to enter into development agreements pursuant to state law (Govt.
Code Section 65864 through 65869.5);
(b) On October 15, 2009, KB HOME Coastal Inc. applied to the City of Menifee for
the approval of a development agreement for its Hidden Hills project, (Tract Map 30142) which
now consists of 511 single-family homes, an improved park containing approximately 5.3 acres,
10 open space/regional trail/paseo lots, 3 storm drain flood control lots and accompanying
infrastructure and other improvements (the "Project') on approximately 116.2 gross acres within
the City;
(c) The development agreement provides for the transfer of approximately 20 acres
of property to the City for public purposes (the "Civic Site") in exchange for certain vested
development rights such as a freeze on development fees and zoning changes;
(d) On February 9, 2010, the Planning Commission held a duly noticed public
hearing in order to make a recommendation to the City Council on whether the development
agreement is consistent with the general plan and in compliance with other applicable laws,
considered public testimony and materials in the staff report and accompanying documents;
(e) The Planning Commission by Resolution No. PC10-34 found that the
development agreement met the criteria set out in Chapter 9.75 and specifically that the
development agreement is consistent with the General Plan Land Use Map and applicable
General Plan objectives, policies, and programs;
(f) The Planning Commission further recommended that the City Council approve
the development agreement by the appropriate ordinance after receipt of a cost-benefit analysis
of the acquisition of the Civic Site acceptable to the Council; and
(g) On February 16, 2010, the City Council held a duly noticed public hearing at
which it considered all public testimony pro and con as well as materials in the staff report and
accompanying documents, all of which materials constitute the record of such hearing and which
find that:
1. The property involved in the proposed development agreement is
designated Community Development: Medium Density Residential (CD: MDR)
(2-5 dwelling units per acre). The property is not within a Specific Plan.
Ordinance No. 2010-71
KB Development Agreement
2. The proposed development agreement is consistent with the General Plan
Land Use Map and applicable General Plan objectives, policies and programs and
fulfills the following General Plan Policies:
a. Land Use Policy 8.3 (LU 8.3): "Incorporate open space,
community greenbelt separators, and recreational amenities into
Community Development areas in order to enhance recreational
opportunities and community aesthetics and improve quality of life."
b. Land Use Policy 19.2 (LU 19.2): "Provide for a balanced
distribution of recreational amenities in Open Space, Rural and
Community Development General Plan land uses."
C. Land Use Policy 19.3 (LU 19.3): "Require that park facilities be
accessible to the community, regardless of age, physical limitation or
income level."
d. Land Use Policy 22.5 (LU 22.5): "Integrate a continuous network
of parks, plazas, public squares, bicycle trails, transit systems, and
pedestrian paths to provide both connections within each community and
linkages with surrounding features and communities.
e. Land Use Policy 22.8 (LU 22.8): "Establish activity centers within
or near residential neighborhoods that contain services such as child or
adult-care, recreation, public meeting rooms, convenience commercial
uses or similar facilities."
f. Open Space 20.4 (OS 20.4): "Provide for the needs of all people in
the system of County recreation sites and facilities, regardless of their
socioeconomic status, ethnicity, physical capabilities or age."
g. Open Space 20.5 (OS 20.5): "Require that development of
recreation facilities occurs concurrently with other development in the
area."
h. Open Space 20.6 (OS 20.6): "Require new development to provide
implementation strategies for the funding of both active and passive parks
and recreational sites."
i. Circulation 16.3 (C 16.3): "Require that trail alignments either
provide access to or link scenic corridors, schools, parks and other natural
areas.
j. Circulation 18.1 Acquisition (C 18.1): "a. Promote public/private
partnerships for trail acquisitions."
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KB Development Agreement
3. The proposed development agreement is compatible with the uses
authorized in and the regulations prescribed for the zoning district in which the
real property is or will be located.
4. The zoning of the property involved in the proposed development
agreement is One Family Dwellings (R-1), Planned Residential (R-4) and Open
Area Combining Zone —Residential developments (R-5). The zoning designation
allows for public parks and public playgrounds with approval of a plot plan
application. The purpose of the development agreement is for the City to acquire
the Civic Site for a future park. The park use would be consistent with the
allowed uses of the Residential Agricultural zone.
5. Surrounding zoning includes Residential Agricultural to the north and east
and One-Family Dwellings (R-1), Planned Residential (R-4) and Open Space
Combining Zone Residential Developments (R-5). The proposed development
agreement which will provide the Civic Site to be used for a park will provide a
use in the area that is compatible with the surrounding zoning.
6. The proposed development agreement is in conformity with and will
promote public convenience, general welfare and good land use practice.
7. As identified in the previous findings, the development agreement is
consistent with General Plan land use policies to provide recreational amenities to
the community. The addition of a park to this community will provide a
convenience to the surrounding residents and Paloma Valley High School;
promote the general welfare of the community by providing an asset to the area
and the addition of parks in residential areas is good land use practice.
8. The proposed development agreement will not be detrimental to the
health, safety and general welfare within the City.
9. The proposed development agreement will not adversely affect the orderly
development of the property or the preservation of property values.
10. The addition of a recreational facility or park within this community may
increase property values within the surrounding area.
11. The proposed development agreement will promote and encourage the
development of the proposed project by providing a greater degree of requisite
certainty for the developer.
(h) The Planning Commission adopted Resolution No. PC 10-35 regarding CEQA
review and the City Council separately has adopted its Resolution No. 10-133 providing that no
additional CEQA review is required.
SECTION 2. Environmental Impact Report No. 445, certified by the Board of Supervisors of
Riverside County on October 26, 2004, prior to the City's incorporation, as having been prepared
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Ordinance No. 2010-71
KB Development Agreement
in compliance with the California Environmental Quality Act (the `BIR") analyzed the
environmental impacts which would result from the development of the Hidden Hills project.
The EIR identified several impacts which could not be mitigated into insignificance. The Board
of Supervisors adopted a statement of overriding considerations through adoption of its
Resolution 2004-408, a copy of which is attached as Exhibit A, incorporated as if fully set out
herein, explaining the basis for its approval of the Hidden Hills project. The City Council hereby
adopts the Board of Supervisors' statement of overriding considerations in full and, further, adds
the benefits which will result from the City's acquisition of the Civic Site, an acquisition which
would not be possible without the development agreement.
SECTION 3. The City Council approves the Development Agreement by and between the
City of Menifee and KB Home Coastal; Inc. Regarding the Hidden Hills Project, as set out in
Exhibit B, attached and incorporated as if fully set forth herein and which the Mayor is
authorized to sign it on behalf of the City.
SECTION 4. Effective Date: This ordinance and the development agreement adopted by it
shall take effect 30 days from the date of the adoption of this Ordinance.
PASSED, APPROVED AND ADOPTED THIS 2ND day of March, 2010.
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7;a ace Edgerton, Ma r
ATTEST:
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Kathy Bennett, City Clerk
Approved as to form:
ElizabetteMartyin, City Attorney
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