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HomeMy WebLinkAbout91-069 CC ResolutionRESOLUTION NO. 91-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUSTAINING IN PART AND DENYING IN PART THE APPEAL OF REVISED PARCEL MAP NO. 21769 BY ADDING CONDITIONS OF APPROVAL TO THE APPROVAL OF THE MAP BY THE COUNTY PLANNING COMMISSION. WHEREAS, J.C. Resorts Group filed Appeal No. 2 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WIAEREAS, 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 July 2, 1991, at which time interested persons had opportunity to testify either in support or opposition to said Appeal; and WHEREAS, the City Council received a copy of the Staff Report regarding the Appeal; NOW, TI-IEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findings. findings: That the Temecula City Council hereby makes the following 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: (1) The city is proceeding in a timely fashion with the preparation of the general plan. (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. (b) There is little or no probability of substantial detriment to or Reso 91-69 -1- interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. © 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. C. The proposed Revised Parcel Map is inconsistent with the SWAP and meet the requirements set forth in Section 65360 of the Government Code, to wit: general plan. (1) The City is proceeding in a timely fashion with a preparation of the (2) each of the following: The City Council finds, in approving projects pursuant to this title, a) There is reasonable probability that Revised Parcel Map No. 21769 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) There is little 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. D. (1) Pursuant to Ordinance 460 Section 7.1, a land division may be denied if any of the following findings can be made: general and specific plans. The proposed land division is not consistent with applicable b) The design of the proposed land division or proposed improvements are likely to cause substantial environmental damage. c) The site of the proposed land division is not suitable for the proposed type or intensity of development. (2) The City Council makes the following findings, to wit: Reso 91-69 -2- (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. (b) There is little 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. © The proposed use or action complied with all other applicable requirements of state law and local ordinances. (d) The proposed action will not cause environmental damage in that the action does not authorize any grading, improvements, or construction on the site. SECTION 2. Conditions. That the City of Temecula City Council hereby sustains in part and denies in part the Appeal of Revised Parcel Map No. 21769 by adding Conditions of Approval to the approval of the map by the County Planning Commission. SECTION 3. PASSED, APPROVED AND ADOPTED this 2nd day of July, 1991. Ronald J. Parks, Mayor ATrF_ST: [SEt L] 9149 -3- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I HEREBY 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 2nd day of July, 1991 by the following roll call vote: AYES: 4 COUNCILMEMBERS: Birdsall, Moore, Lindemans, Mufioz NOES: 0 C OUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Parks Reso 91-69 -4-