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HomeMy WebLinkAbout92-15 CC ResolutionRF~OLUTION NO. 92-15 A RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF TEMECULA OVERRULING THE AIRPORT LAND USE COMMIgSION DECISION DENYING VESTING TENTATIVE TRACT MAP NO. 25004 TO SUBDIVIDE 59.0 ACRES INTO 135 RESIDENTIAL LOTS AND CHANGE OF ZONE NO. 5611. GENERAL LOCATION OF SAID MAP BEING THE NORTHEAST CORNER OF RITA WAY AND SERAPHINA ROAD WHEREAS, Dix Development, Inc. filed an Appeal of the Airport Land Use Commission decision denying Vesting Tentative Tract Map No. 25004; WHEREAS, in accordance with Section 21675.1 of the Public Utilities Code, the City Council considered said Appeal on March 10, 1992, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the City Council hearing, the Council overruled the decision of the Airport Land Use Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findings. That the Temecula City Council hereby makes the following findings in overruling the Airport Land Use Commission decision denying Vesting Tentative Tract Map No. 25004. 1. The Riverside County Airport Land Use Commission is making substantial progress toward the completion of the French Valley Airport Land Use Plan required by State Law. 2. There is reasonable probability that the Change of Zone No. 5611 and Vesting Tentative Tract Map No. 25004 will be consistent with the plan being considered by the Airport I.and Use Commission, because the airport studies prepared for the site indicate that airport related impacts would be negligible, and meet the requirements of all Federal, State and Local Laws. 3. There is lit fie or no probability of substantial detriment to or interference with the Future Adopted Airport Land Use Plan if the action, regulation, or permit is ultimately inconsistent with the Future Adopted Plan, because of the existing, previously approved and expanding nature of residential development which lie between the project site and the airport facility. 4. According to studies prepared for the site which portion of said studies are incorporated herein by reference, and attached hereto, the residents of this proposed residential subdivision will Resos 92-15 -1- not be exposed to excessive noise because expected noise impacts from operations at the French Valley Airport will not exceed generally accepted noise standards applicable to residential uses in the vicinity of airports. 5. The subject property is a relatively small site which is part of a larger area that has already been approved for and is being developed for residential uses similar to this proposed residential subdivision. Because of the significant amount of residential development which has already been approved and which is taking place in the vicinity of the project site, the subject project cannot reasonably be expected to impact the orderly expansion of the French Valley Airport. 6. The orderly expansion of the French Valley Airport and the interests of the prospective purchasers of homes within the proposed residential subdivision will be further protected by burdening the subject property with an aviation easement for the benefit of the French Valley Airport. 7. The proposed residential subdivision will not result in the construction of structures which would interfere with navigable airspace. 8. According to studies pretnu'ed for the site which portion of said studies are incorporated herein by reference, and attached hereto, the probability of an aircraft operation at the French Valley Airport resulting in the collision of an aircraft with any portion of the proposed residential subdivision is so remote as to be insignificant in terms of risk to the public health, safety or welfare. 9. The City Council, having considered the appeal of Dix Development, Inc., with respect to the Riverside County Airport Uses Commission decision relative to Vesting Tentative Tract No. 25004, and having considered all the evidence offered with respect to the appeal, finds and determines that good cause exists for overruling the decision of the Airport Land Use Commission. The City Council further finds and determines that overruling the decision of the Airport Land Use Commission is consistent with the purposes of Article 3.5 (commencing with Section 21670) of Chapter 4 of Part 1 of Division 9 of the Public Utilities Code. SECTION 2. Environmental Corrtpliance. A negative declaration was adopted at the time the project was initially approved. No further environmental determination is required at this time. The proposed action is exempt from the CEQA guidelines. Rems 92-15 -2- SECTION 3. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 10th day of March, 1992. ATTF_3T: Patricia H. Birdsall, Mayor [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 92-15 adopted by the City Council of the City of Temecula, at a regular meeting thereof, held on the 10th day of March, 1992. AYES: 5 COUNCILMEMBERS: Birdsall, Moore, Lindemans, Mufioz Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Resos 92-15 -3-