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HomeMy WebLinkAbout92-53 CC ResolutionRESOLUTION NO. 92-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING APPEAL NO. 23, TO ELIMINATE CONDITION NO. 12 FOR THE THIRD EXTENSION OF TIME FOR TENTATIVE PARCEL MAP NO. 22515 LOCATED ON THE NORTHEAST SIDE OF THE SOUTHERLY TERMINUS OF FRONT STREET. WHEREAS, Sam McCann, fried Appeal No. 23 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; ~, said Appeal application was processed in the time and manner prescribed by State and local law; WHEREAS, the City Council conducted a public hearing pertaining to said Appeal on June 9, 1992, at which time interested persons had opportunity to testify either in support or opposition to said Appeal; and WB$'REAS, the City Council received a copy of the Staff Report regarding the Appeal; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section I. Findings. That the Temecula City Council hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: The city is proceeding in a timely fashion with the prepmarion of the general 2. The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: a. There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. Reao92-53 -1- b. There is litfie or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c. The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. Ce to wit: The City Council in approving the Appeal, makes the following additional findings, 1. This project as designed does not include common areas that will need to be maintained. 2. The requirement of Covenants, Conditions and Restrictions (CC&R' s) is not necessary to insure proper development and maintenance of the common areas. Section II. Conditions. That the City of Temecula City Council hereby approves Appeal No. 23, to eliminate Condition No. 12 for the Third Extension of Time for Tentative Parcel Map No. 22515, located at the northeast side of the southerly terminus of Front Street. PASSED, APPROVED AND ADOPTED this 9th day of June, 1992. Patricia H. Birdsall, Mayor ATTEST: J ~~e~l~, City ~lerk~ ~ [S} AL] Reso92-53 -2- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) $S CITY OF TEMECULA ) I BERERY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 9th day of June, 1992 by the following vote of the Council: AYES: 5 COUNCILMEMBERS: Lindemans, Moore, Munoz, Parks, Birdsall NOES: 0 COUNCILMEMBERS None ABSENT: 0 COUNCILMEMBERS None Reso92-53 -3-