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HomeMy WebLinkAbout98-082 CC ResolutionRESOLUTION NO. 98-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA98-0235-THE COMMENCEMENT OF ACTIONS NECESSARY TO DETACH CERTAIN REAL PROPERTY FROM THE CITY OF TEMECULA AND WAIVING CONDUCTING AUTHORITY PROCEEDINGS PER SECTION 56837 OF THE GOVERNMENT CODE, FOR PROPERTY LOCATED ON THE NORTH SIDE OF WINCHESTER ROAD, AT THE ClTY'S NORTHERN CITY LIMIT AND KNOWN AS ASSESSOR PARCEL NO. 911-140-007 WHEREAS, the Planning Commission has conducted studies and reviews of certain real property under the jurisdiction of the City of Temecula in furtherance of its charge to ensure the currency and viability of the General Plan of the City of Temecula. ,As an element of such analysis specific real property owned by Mr. Sonny Salkind (Owner) was reviewed at a duly noticed meeting of the Planning Commission. The subject real property is more particularly described and identified in Exhibit ,A hereto; WHEREAS, City staff and Owner presented oral and written evidence regarding the nature and circumstances attendant to the subject real property. The evidence demonstrates that the Owner owns a greater amount of real property. Upon incorporation of the City, approximately one-half of the Owner's real property holdings were incorporated into the City with the adjacent remainder continuing under County of Riverside jurisdiction. The General Plan and zoning designation are inconsistent for the two adjoining parcels, thus making the beneficial development of the real property difficult; WHEREAS, the Planning Commission concluded that the City interests were not served by attempting to conform the City's General Plan and zoning to a designation harmonious with that applied by the County to the remainder real property. The Owner solicited input from the County of Riverside Local Agency Formation Commission (LAFCO). LAFCO presented several options to the Owner; the Owner's preference was to detach from the City to regain consistent County zoning on both parcels. The Planning Commission, after review of the General Plan, concluded that detachment would be an appropriate course of action; WHEREAS, LAFCO has requested that the City Council manifest its consent prior to the commencement of the actions required to complete the one parcel detachment. The Planning Commission recommends the City Council issue such consent; WHEREAS, the City Council consents to the commencement of the actions required to complete the one parcel detachment; WHEREAS, all legal prerequisites to the approval of this Resolution have occurred; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Resos\98-82 I Section 2. The City Council of the City of Temecula directs the Community Development Director and City Clerk to undertake all actions necessary to commence and complete the detachment of the subject real property, subject to any legislative actions that may be required by the City Council. Section 3. The City Council of the City of Temecula determines that there is no possibility that the activity in question may have a significant effect on the environment pursuant to Section 15061 (b)(3) of the California Environmental Quality Act Guidelines. Section 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 1 lth day of August, 1998. ATTEST: V. Jones, (CMC Oity_C~rk ~ [SEAL] Resos\98-82 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA) I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 98-82 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 11th day of August, 1998, by the following vote: AYES: 4 COUNCILMEMBERS: Comerchem, Lindemans, Stone, Roberts NOES: 0 ABSENT: 1 COUNCILMEMBERS: None COUNCILMEMBERS: Ford k. ~ :5usa~ W. Jor es, CMC ~ \,~.,/City Clerk Resos\98-82 3