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Home My WebLink About02-125 CC ResolutionRESOLUTION NO. 02-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA WAIVING CONDUCTING AUTHORITY PROCEEDINGS TO REORGANIZE THE JURISDICTIONAL BOUNDARIES OF CERTAIN UNINHABITED TERRITORY DESCRIBED AS A 640 ACRE PORTION THE RORIPAUGH RANCH SPECIFIC PLAN AREA TO INCLUDE THIS AREA WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF TEMECULA AND THE TEMECULA COMMUNITY SERVICES DISTRICT AND TO DETACH SAID TERRITORY FROM CSA 143 AND THE RIVERSIDE COUNTY WASTE MANAGEMENT DISTRICT (PLANNING APPLICATION NO. PA94-0075, RORIPAUGH RANCH SPECIFIC PLAN) WHEREAS, the proposed annexation territory is uninhabited within the meaning of California Government Code section 56046; and WHEREAS, California Government Code provides for a waiver of conducting authority proceedings provided that, inter alia, "...all affected local agencies that will gain territory as a result of the change of organization or reorganization have consented in writing to a waiver of conducting authority proceedings;" and WHEREAS, the owners of the affected proper/y wish to make application to the Riverside County Local Formation Commission ("LAFCO") for the annexation of certain parcels of unincorporated territory as shown on Exhibit A which is attached hereto; and WHEREAS, said area is entirely within the City of Temecula's Sphere of Influence and is contiguous to the existing City boundary; and WHEREAS, on November 9, 1993, the City Council of the City of Temecula adopted a General Plan for the City of Temecula and whereas the analysis within the General Plan includes said areas; and WHEREAS, the City Council considered Planning Application No. PA94-0075 and other related application, Roripaugh Ranch Project, on November 26, 2002, at a duly noticed public hearing as prescribed by law, the Council approved Planning Application No. PA94-0075 and all related applications; and WHEREAS, it is the desire of the City Council to request waiving Conducting Authority proceedings to reorganize the jurisdictional boundaries for the City of Temecula and within the Temecula Community Services District and to detach said territory from County Service Area 143 and County Service Area and the Riverside County Waste Management District pursuant to Part 3 of Division 3 of Title 5 of the California Government Code; and WHEREAS, notice of the proposed adoption of this Resolution was posted at City Hall, the County Library - Rancho California Branch, the Temecula Community Center, and the Temecula Valley Chamber of Commerce, was published in the Californian; and NOW, THEREFORE, THE CITY OF TEMECULA CITY COUNCIL DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: R:/Resos 2002/Resos 02o125 1 Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. That the City Council, pursuant to Government Code section 56837(c)(3), does hereby consent to a waiver of conducting authority proceedings for the purpose of expediting the reorganization of the jurisdictional boundaries of certain inhabited territory described in Exhibit "A", attached hereto and by this reference incorporated herein, and known as Roripaugh Ranch Specific Plan area, to include said territory within the corporate boundaries of the City of Temecula and within the Temecula Community Services District and to detach said territory from County Service Area 143 and from the Riverside County Waste Management District. Section 3. Findinqs. That the City Council, in adopting a Resolution requesting the commencement of proceedings to reorganize the jurisdictional boundaries of the territory herein referred to as a portion of the Roripaugh Ranch Specific Plan Area to include said territory within the corporate boundaries of the City of Temecula and within the Temecula Community Services District; and the detachment of said territory from County Service Areas (CSA) 143 and the Riverside County Waste Management District (approving Planning Application No. PA94-0073) hereby makes the following findings: 1. The proposed annexation area is entirely within the City of Temecula's Sphere of Influence and is contiguous to the City's corporate boundary. The area is substantially surrounded by the City's existing corporate boundary. 2. The territory within the proposed annexation area is within a developing area which will continue to develop. The proposed annexation area is not prime agricultural land (as defined by Section 56064 of the Government Code), and is designated for urban growth by the City of Temecula's General Plan. 3. The project is consistent with the City's General Plan. 4. The project is consistent with the goals, policies, and implementation programs contained in the General Plan. 5. The Final Environmental Impact Report that was certified by the City Council on November 26, 2002 considered the environmental impacts of this project. A Mitigation Monitoring Program, Findings, and Statement of Overriding Considerations were adopted which also apply to this project. 6. The project is being proposed on behalf of Ashby USA, LLC who controls the interest for the entire subject territory in order that the City may provide community services to the residents of said territory in a more responsive and efficient manner. 7. The project will have a negligible fiscal impact on the City budget. 8. Said findings are supported by the Staff Report analysis, maps, exhibits, and the attachments associated with this application and herein incorporated by reference. R:/Resos 2002/Resos 02-125 2 Section4. Environmental Compliance. The Final Environmental Impact Report that was certified by the City Council on November 26, 2002 considered the environmental impacts of this project. A Mitigation Monitoring Program, Findings, and Statement of Overriding Considerations were adopted which also apply to this project. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 17th, day of December, 2002. '~Mayor 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. 02-125 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 17th day of December, 2002, by the following vote: AYES: 4 COUNCILMEMBERS: Comerchero, Naggar, Pratt, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Roberts ABSTAIN: 0 COUNCILMEMBERS: None R:/Resos 2002/Resos 02-125 3 EXHIBIT A LEGAL DESCRIPTION OF THE ANNEXATION AREA R:/Resos 2002/Resos 02-125 4 ~-15-2~1 II:AgAM FROM TKC PLANNING DCPT. 911~ ~ ~'21~ P. 2 EXHIBIT "A" REORGANIZATION TO INCLUDE CONCURRENr ANNEXATION # TO THE CITY OF TEMECUL.A, & THE TEMECULA COMMUNITY SERVICES DISTRICT (subsidim-7) & SPHERE OF INFLUI~CE AMENDMENT (removal) TO VALLEY WIDE RECREATION AND PARKS DISTRICT & CONCURRENT DETACHMENTS FROM VALLEY WIDE RECREATION. AND PARKS DISTRICT & THE RIVERSIDE COUNTY WASTE RESOURCES MANAGF_A4HNT DISTRICT & COUNTY SERVICE ARF_,A 152-NPDES LAFCO 99-XX-3 Section 21, Township 7 South, Range 2 West. Sim Bcmardino Meridian, in the Counly of Riverside, Slate of California, according to the offic/ai plat of said land filed in the ~ct Land Office, described as follows: Beglm~ing at the northwest comer of-~aid Section 2 I; thence alung thc north line of said Section, North 88°29'37" Eazt, 5296,39 feet to thc northeast corner of ~aid Section; thence along the east line of said Section, South 0°59, 15" West, 2664.97 feet to the East quarter comer 0f said Section; thence continuing along said east line, South 00°21'34" West, 2636.07 feet to the southeast comer of said Section; thence along thc south linc of said Section, North 89°39, 13" West, 5282.88 feet to the southwest ~com~r of said Section end the easterly linc ofth~ ~ City of Temecola boundary as desc~ib~l in a document recorded December 9, 1994 as Instrument No. 461244 of Official .Records in the office of the County Recorder of said county; thence along the west line of said Section ~nd the east li~e of said City of Temecala Boundary, lqo~h 0033'47'' East, $$09.85 feet lo the soutl~ast comer of the No~h one-half of the Ninth one-~,-If of geotion 20, Township 7 South, Range 2 West, San Bemardino Meridian; thence continuing along said west and east line, NoCth 0°34'31" East, 1319.80 feet to the Point of B¢~nnin~. Area contains approximately 791 ac~s. DAVID EVANS AND ASSOCIATF_~, INC. Clifford ~. ~imenlal, P.L.S. Date L.$. Ho. $022 F. xpire~:12-31-2001 {~--15-2{~1 11 :,SI~)AM FROH TKC PLANNING DE~T. ~ 653 221.& P. 3 EXHIB/T "A" N P.O.$. APN 958-260-001 * E CITY OF TEMECULA L~CO 99-XX-3