2011-90 Town Center Specific Plan Ordinance No. 2011-90
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MENIFEE, CALIFORNIA, APPROVING THE DEVELOPMENT
AGREEMENT BY AND BETWEEN CITY OF MENIFEE AND
STARK MENIFEE LAND, LLC FOR THE TOWN CENTER
SPECIFIC PLAN PROJECT.
WHEREAS, Stark Menifee Land, LLC submitted an application for a Development
Agreement related to the Town Center Specific Plan (Specific Plan) as set forth on Exhibit "1" of this
Resolution, and
WHEREAS, following input from and direction from special counsel, City staff developed
and negotiated a draft Development Agreement by and between City of Menifee and Stark
Menifee Land, LLC for the Specific Plan (Development Agreement) for consideration.
WHEREAS, the City Council has reviewed this matter and prepared a report
containing a detailed description and analysis of the proposed Development Agreement, (a copy
of the report is on file with the City Clerk and incorporated herein by this reference as if set
forth in full); and
WHEREAS, the Development Agreement has been prepared, processed, reviewed,
heard, and approved in accordance with applicable law, including but not limited to Section
65864 et seq. of the Government Code; and
WHEREAS, an Environmental Impact Report (SCH #2009091022) relating to the
Menifee Town Center Specific Plan was prepared and was found to be complete and
adequate in scope and was considered by the City Council in its consideration of this
matter by Resolution No. 11-195; and
WHEREAS, the City Council, on January 18, 2011, by Resolution No. 11-196 has
approved a General Plan Amendment to the Land Use Element to provide consistency
with the Specific Plan and proposed Development Agreement and the Development
Agreement is consistent with the General Plan, as amended; and
WHEREAS, the City Council by Ordinance No. 2011-89 has approved the
Specific Plan and the Development Agreement is consistent with, and incorporates by
reference, the Specific Plan; and
WHEREAS, the Development Agreement would promote the public convenience,
general welfare, and good land use practices, and is in the best interest of the community; and
WHEREAS, the Development Agreement would not adversely affect the orderly
development of property and surrounding area, or the preservation of property values; and
WHEREAS, the Development Agreement would promote and encourage the
development of the proposed project by providing a greater degree of requisite certainty; and
City of Menifee Ordinance No.2011-90
Town Center Development Agreement
WHEREAS, the Development Agreement strengthens the public planning process,
encourages private participation in comprehensive planning, and reduces the economic costs of
development uncertainty; and
WHEREAS, the Development Agreement is compatible with the uses authorized in, and
the regulations prescribed for, the land use district in which the real property is or will be
located, including any policy plan overlay applicable to the property; and
WHEREAS, approval of the Development Agreement could provide a substantial benefit
to the community; and
WHEREAS, the Development Agreement would not be detrimental to the public health,
safety, or welfare of the community; and
WHEREAS, the City Clerk has caused notice to be duly given of a public hearing
in this matter in accordance with law, as evidenced by the affidavit of publication and
the affidavit of mailing on file with the City Clerk; and
WHEREAS, a copy of the report and said EIR have been on file in the Office of the
City Clerk and available for examination during regular business hours by any interested person,
at all times since the date of giving notice in this matter; and
WHEREAS, on December 14, 2010, the Planning Commission held a duly noticed
public hearing at which the Planning Commission considered the proposed Development
Agreement; and those persons desiring to be heard on said matters were heard and evidence
in said matters received; and
WHEREAS, at its December 14, 2010 public hearing, the Planning Commission
adopted Resolution No. PC10-063 recommending approval to the City Council of an
ordinance approving the Development Agreement; and
WHEREAS, on January 4, 2011 and January 18, 2011, the City Council held duly
noticed public hearings regarding the proposed Development Agreement and those persons
desiring to be heard on said matters were heard and evidence in said matters received; and
on each said date the hearing was opened, held; and continued; and
WHEREAS, on April 5, 2011, the City Council held a duly noticed public hearing at
which the City Council introduced Ordinance No. 2011-90 regarding the proposed
Development Agreement; and those persons desiring to be heard on said matters were heard
and evidence in said matters received; and on said date the hearing was opened, held and
closed.
NOW, THEREFORE, the City Council hereby makes the following findings:
1. The Findings set out above are true and correct.
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City of Menifee Ordinance No. 2011-90
Town Center Development Agreement
2. The Development Agreement set forth on Exhibit "1" is found to be consistent
with the goals and policies of the General Plan, including the General Plan Amendment
approved by the City Council by Resolution No. 11-196.
3. The applicable provisions of the California Environmental
Quality Act (CEQA) and the State CEQA Guidelines have been duly observed in conjunction
with said hearing in the consideration of this matter and all of the previous proceedings
relating thereto.
4. The City Council approves the Development Agreement set forth in Exhibit 1"
of this Resolution, subject to the Conditions of Approval set forth in Exhibit "2" of this
Resolution, despite the existence of certain significant environmental effects identified in said
EIR, and hereby makes and adopts the findings with respect to each thereof set forth in
Resolution No. 11-195 and made apart hereby by reference, pursuant to section 15091 of the
State CEQA Guidelines (Title 14, California Code of Regulations) and section 21081 of the
Public Resources Code (CEQA) and declares that it considered the evidence described in
connection with each such finding. Pursuant to Public Resources Code section 21081(b) and
section 15093 of the State CEQA Guidelines, the City Council hereby finds that the
Development Agreement, as approved, is consistent with the project analyzed in the EIR and
described in Resolution No. 11-195 and adopts the "Statement of Overriding Considerations"
set forth in Exhibit "B" to Resolution No. 11-195 and made a part hereby by reference and
finds that the impacts of the project which remain significant and unavoidable are outweighed
by the project's overriding benefits.
5. The Development Agreement is applicable to the area of the City of Menifee as
legally described in the Development Agreement.
6. The City Manager, or his or her delegee, is directed and authorized to do all of
the following:
a. to cause a Notice of Determination to be filed as provided by CEQA and the
CEQA Guidelines:
b. prepare a final version of the Development Agreement for execution and
recording that fully reflects the action of the City Council in adopting the Development
Agreement;
c. make all necessary and appropriate clerical, typographical, and formatting
corrections to the adopted Development Agreement prior to execution and recording; and
d. to implement the Development Agreement, in accordance with its terms
including, but not limited to (1) the Mitigation Measures, which are referenced and described in
Resolution No. 11-195 (Resolution Certifying the Final Environmental Impact Report, Making
Findings Of Fact, Adopting a Statement of Overriding Considerations and Adopting the
Mitigation Monitoring and Reporting Program for the Specific Plan, with Exhibits) and further
described in the EIR for the Specific Plan; and (2) the Mitigation Monitoring and Reporting
Program.
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City of Menifee Ordinance No.2011-90
Town Center Development Agreement
7. This Ordinance shall take effect and be in force thirty (30) days from and after its
adoption.
This Ordinance was introduced and read on the 5th day of April and PASSED,
APPROVED AND ADOPTED this 19th day of April, 2011.
Wallace W. Edgerton, Mayor
ATTEST:
Kathy Bennett, City Clerk
Approved as to form: j
Thomas P. Clark Jr., Spedial Counsel
Exhibit "'I": Development Agreement by and between Stark Menifee Land, LLC and the City of
Menifee related to the Menifee Town Center Specific Plan Project
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G� c3h
I-tAENIFEE
Wallace W.Edgerton
Mayor STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
Fred Twyman
Vice Mayor CITY OF MENIFEE )
John V.Denver I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the
Councilmember foregoing Ordinance No. 2011-90 was duly adopted by the City Council of the
City of Menifee at a meeting thereof held on the 19'h day of April, 2011 by the
Darcy Kuenzi
Councilmember following vote:
Thomas Fuhrman Ayes: Denver, Edgerton, Kuenzi, Mann, Twyman
Councilmember Noes: None
Absent: None
Abstain: None
Kathy Bennett, City Clerk
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.679.3843
www.cityofrnenifee.us