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HomeMy WebLinkAbout90-19 CC OrdinanceORDINANCE NO. 90-19 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING DECISION MAKING AUTHORITY FOR SUBDIVISION AND LAND USE APPLICATIONS WHEREAS, on December 1, 1989, the City of Temecula was established as a duly organized municipal corporation of the State of California; WHEREAS, pursuant to City Ordinance No. 90-04, the City adopted certain portions of the non-codified Riverside County Ordinances, including Ordinance No. 348 ("Land Use Code") and Ordinance No. 460 ("Subdivision Use Code") for the City of Temecula; WHEREAS, both the Land Use Code and the Subdivision Code currently provide for procedures for consideration of approval for various development applications. These land use procedures were designed by the County of Riverside in light of the very large number of development applications that it had to process; consequently, a significant number of applications were delegated to the County Planning Director and County Planning Commission for consideration; WHEREAS, subsequent to the City's incorporation and pursuant to Section 2.06.010 of the Temecula Municipal Code, the City Council established the Temecula Planning Commission which become effective on June 4, 1990; WHEREAS, prior to June 4, 1990, the members of the Riverside County Planning Commission and the Riverside County Planning Director served as members of the interim Planning Agency for the City of Temecula pursuant to the City Ordinance No. 89-13; and, WHEREAS, in recognition of the need for a smooth transition from the County to the City, it is necessary for the efficient operation of the affairs of the City that the City Council establish a clear line of authority for the review and approval process involving development applications; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Riverside County Ordinance No. 348 and Ordinance No. 460, as adopted by City Ordinance No. 90-04, are hereby amended to adopt the following development application procedures: Ords 90-19 SECTION 2. Where combined development applications are submitted for consideration, to the extent any portion of the application would be considered for approval by the highest reviewing body, as set forth in Section 1, then the entire combined application shall be considered by the reviewing body. For example, a combined application for a parcel map under twenty (20) acres and a proposed zone change shall be considered for approval by the City Council as all applications for proposed zone changes are considered for approval by the City Council as provided by law, notwithstanding the Planning Commission's authority to approve parcel maps under (20) acres. SECTION 3. Any application for extension of an approved tentative map, parcel map, or vesting tentative map considered in accordance with the procedures contained at Section 1 (8) or (9), above, shall pay the same fee as if the application were for the original map approval. SECTION 4. Any interested person may file an appeal to a final decision by the Planning Commission to the City Council. Together with the applicable filing fee established by Resolution of the City Council, such appeal must be filed with the City Clerk within ten (10) days of the date the matter was decided by the Planning Commission. For purposes of this Section, any City Council member may appeal a decision by the Planning Commission without payment of any fee for the appeal. SECTION 5. Except as otherwise provided therein, any other land division or development application may be submitted to the City Planning Director for approval. If the Planning Director determines that the proposed application is comparable to one of the approvals described in Section 1, he shall direct that such application be submitted to either the Planning Commission or City Council for consideration pursuant to the procedures set forth at Section 1. SECTION 6. To the extent the provisions of Ordinance Nos. 348 and 460 are not superseded by the provisions of this City Ordinance, including notice and hearing requirements, said remaining provisions shall remain effective. SECTION 7. City Ordinance No. 89-13 provided that all recommendations made by the Riverside County Planning Director or County Planning Commission were not final until they had been accepted by the City Council. For those matters which were reviewed by the Riverside County Planning Director or Commission but which have not yet appeared on the City Council Agenda as of the effective date of this Ordinance, such matters shall be placed on either the planning Commission Agenda or the City Council Agenda to be accepted or set for public hearing and approval, conditional approval or denial in accordance with the classifications of Section 1. SECTION 8. The City Council determines that it is necessary for the protection and preservation of the public peace, health, safety and general welfare, that this Ordinance be adopted as an Urgency Ordinance and that the same take effect immediately upon its adoption. Ords 90~19 SECTION 9. The City Clerk shall certify as to the adoption of this Ordinance and shall cause the same to be posted as required by law. SECTION 10. Effective Date: This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. SECTION 11. Severability. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. PASSED, APPROVED AND ADOPTED this 9th day of October, 1990. Ronald J. Parks, Mayor ATTEST: Jun(~~reek Deputy, City C~~ [SEAL] Ords 90-19 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, Deputy City Clerk of the City of Temecula, do hereby certify that the foregoing Urgency Ordinance No. 90-19 was duly adopted and passed at a regular meeting of the City Council on the 9th day of October, 1990, by the following vote, to wit: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Mufioz, Moore, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None J~reek, Deputy ~lerk Orals 90-19