1 Ordinance No. XXXX
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ORDINANCE NO. 2024-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, APPROVING THE 2024 AQUABELLA
SPECIFIC PLAN AMENDMENT DEVELOPMENT AGREEMENT BY AND
BETWEEN T/CAL REALTY II, LLC, A SUBSIDIARY OF HF
PROPERTIES, AND THE CITY OF MORENO VALLEY
RECITALS
WHEREAS, the City of Moreno Valley is a general law city and a municipal corporation of the State of California; and
WHEREAS, the City of Moreno Valley (“City” ) and T/CAL REALTY II, LLC, a Delaware limited liability company (“Applicant”) and subsidiary of HF Properties, a California General Partnership (“Highland Fairview”) agreed to enter into a Development Agreement pursuant to Government Code §65864 et seq. of the Government Code (the “Development Agreement Legislation”); and
WHEREAS, Applicant is the owner of real property consisting of approximately 668.6 acres located at the southwest corner of Cactus Avenue and Nason Street as more particularly described in the Legal Description, shown as an exhibit of the Development Agreement, attached here to as Exhibit A (“Project Site”); and WHEREAS, Developer intends to develop the Project Site as a residential and mixed-use community of 15,000 workforce residential dwelling units, together with 49,900 square feet of commercial development, a 300-room hotel, up to four school sites, a turn- key senior center, and 80 acres of parks and lakes (“Proposed Project”); and WHEREAS, the City is authorized to enter into development agreements with persons having legal or equitable interests in real property for the development of such property pursuant to California State general laws: Article 2.5 of Chapter 4 of Division I of Title 7 of the California Government Code commencing with section 65864 (the “Development Agreement Law”), and Article XI, Section 7, of the California Constitution, together with City ordinances; and
WHEREAS, Title 9, Section 9.02.110 (Development Agreements) of the Moreno Valley Municipal Code acknowledges that the Development Agreement Law permits local agencies and property owners to enter into development agreements as to matters such as the density, intensity, timing and conditions of development of real properties and that development agreements provide an enhanced degree of certainty i n the development process for both the property owner/developer and the public agency; and WHEREAS, the subject Development Agreement will eliminate uncertainty in planning for and secure orderly development of the Project Site, assure progressive installation of necessary improvements, and ensure attainment of the maximum effective utilization of resources within City at the least economic cost to its citizens; and 2 Ordinance No. XXXX
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WHEREAS, the subject Development Agreement provides assurances that the Proposed Project can proceed without disruption caused by a change in City planning and development policies and requirements, which assurance will thereby reduce the actual or perceived risk of planning, financing and proceeding with construction of the Proposed Project; and
WHEREAS, the subject Development Agreement was voluntarily entered into in consideration of the benefits to and the rights created in favor of each of the parties thereto and in reliance upon the various representations and warranties contained therein; and
WHEREAS, City has determined that by entering into the subject Development Agreement: (1) City will ensure the productive use of Project Site and foster orderly growth and quality development in City; (2) development will proceed in accordance with the Proposed Project’s entitlements; (3) City will receive substantially increased property tax and sales tax revenues; (4) City will benefit from the provision of workforce housing; (5) City will benefit from increased employment opportunities for residents of City created by the Proposed Project; and (6) City will receive the Public Community Benefits described in the subject Development Agreement; and
WHEREAS, based on the foregoing recitals, City has determined that the subject Development Agreement is appropriate under the Development Agreement Law and the City’s “Development Agreement” provisions set forth in Title 9, Section 9.02.110 of the Municipal Code; and
WHEREAS, City has undertaken, pursuant to the California Environmental Quality Act (Public Resources Code §21000 et seq. (“CEQA”) and the CEQA Guidelines, the required analysis of the environmental effects that would be caused by the Proposed Project and has determined and imposed feasible mitigation measures which will eliminate, or reduce to an acceptable level, the adverse environmental impacts of the Proposed Project; and
WHEREAS, the environmental effects of the proposed development of the Project Site and Proposed Project were analyzed by the Draft and Final Subsequent EIRs (as defined in Section 1.4.1) certified by City on November 19, 2024, in connection with the Proposed Project; and
WHEREAS, City has also adopted a Mitigation Monitoring and Reporting Program (the “MMRP”) to ensure that the Proposed Project’s design features, and mitigation measures incorporated as part of, or imposed on, the Proposed Project and the Proposed Project’s entitlements are enforced and completed; and
WHEREAS, City has also adopted Findings of Fact and a Statement of Overriding Considerations for adverse environmental impacts of the Proposed Project on Air Quality that cannot be mitigated to an a level of insignificance; and 3 Ordinance No. XXXX
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WHEREAS, City has given the required notice of its intention to adopt the subject Development Agreement and has conducted public hearings thereon pursuant to Government Code § 65867; and
WHEREAS, o n October 24, 2024, the City’s Planning Commission (“Planning Commission”), at a duly noticed public hearing, voted 7-0 to recommend that the City Council approve the subject Development Agreement pursuant to Planning Commission Resolution No. 2024-33.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY DOES ORDAIN AS FOLLOWS:
SECTION 1. RECITALS
That the above Recitals are true and correct and are incorporated as though fully set forth herein.
SECTION 2. CONSISTENCY FINDING
That the City Council finds that based on substantial evidence contained in the administrative record of the proceedings related to the Proposed Project’s entitlements, including without limitation the subject Development Agreement, the terms, conditions and provisions of the subject Development Agreement are consistent with the applicable General Plan and the Aquabella Specific Plan, as amended.
SECTION 3. APPROVAL OF DEVELOPMENT AGREEMENT
That the City Council hereby approves the attached 2024 Aquabella Specific Plan Amendment Development Agreement by and between T/Cal Realty II, LLC, a subsidiary of HF Properties, and the City of Moreno Valley, attached hereto as Attachment B, and authorizes the Mayor to execute the Development Agreement on behalf of the City of Moreno Valley.
SECTION 4. REPEAL OF CONFLICTING PROVISIONS
That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Ordinance, are hereby repealed.
SECTION 5. SEVERABILITY
That the City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of t his Ordinance as hereby adopted shall remain in full force and effect.
SECTION 6. EFFECTIVE DATE OF ORDINANCE
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That this Ordinance shall take effect thirty (30) days after its second reading and adoption by the City Council.
SECTION 7. RECORDATION
That the City Clerk shall , no later than 10 days after the Effective Date of this Ordinance, record a copy of the subject Development Agreement, which shall cause the burdens of the subject Development Agreement to be binding upon, and the benefits of the subject Development Agreement shall inure to, all successors in interest to the parties to the subject Development Agreement.
SECTION 8. CERTIFICATION
That the City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published according to law.
INTRODUCED at a regular meeting of the City Council on November 19, 2024 , and PASSED, APPROVED, and ADOPTED by the City Council on ______ __, ___, by the following vote:
CITY OF MORENO VALLEY
CITY COUNCIL
___________________________________
Ulises Cabrera,
Mayor of the City of Moreno Valley
ATTEST:
__________________________________
M. Patricia Rodriguez, Acting City Clerk
APPROVED AS TO FORM:
__________________________________
Steven B. Quintanilla, City Attorney
5 Ordinance No. XXXX
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ORDINANCE JURAT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
ss. CITY OF MORENO VALLEY)
I, _____________________, City Clerk of the City of Moreno Valley, California, do hereby certify that Ordinance No. 1012 was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the day of , 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Council Members, Mayor Pro Tem, and Mayor)
CITY CLERK
(SEAL)
068373\17909647v5
Exhibit A
Development Agreement