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HomeMy WebLinkAbout91-035 CC ResolutionRESOLUTION NO. 91-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING TENTATIVE PARCEL MAP NO. 25607 TO SUBDIVIDE A 1.4 ACRE PARCEL INTO 2 PARCELS AT THE SOUTHEAST CORNER OF ESTERO STREET AND ORMSBY ROAD WltEREAS, Robert Paine filed Tentative parcel Map No. 25607 in accordance with the Riverside County Land Use, Zoning, Planning and subdivision Ordinances, which the City has adopted by reference; WI-1EREAS, said Tentative Parcel Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the City Council considered said Tentative Parcel Map on February 26, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Council hearing, the Council denied said Tentative Parcel Map; 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: 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: general plan. 1. The city is proceeding in a timely fashion with the preparation of the 2. The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: 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 Resos 91-35 -1- a reasonable time. There is not a 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. 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 Tentative Parcel Map is consistent with the SWAP. However, the SWAP designation for the property that is the subject of this proposed Tentative Parcel Map (hereafter the "Property") is inconsistent with the future General Plan, to wit: 1. The City Council finds, in denying the application that: There is a reasonable probability that Tentative Parcel Map No. 25607 proposed will not be consistent with the general plan proposal which will be studied within a reasonable time. Do There is a 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 Section 7.1 of the County Ordinance No. 460, any subdivision may be denied if any of the following findings are made: That the proposed land division is not consistent with applicable general and specific plans. That the design or improvement of the proposed land division is not consistent with applicable general and specific plans. That the site of the proposed land division is not physically suitable for the type of development. That the site of the proposed land division is not physically suitable for the proposed density of the development. Resos 91-35 -2- That the design of the proposed land division or proposed improvements are likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. following findings: 2. The Council in denying the proposed Tentative Parcel Map, makes the There is a reasonable probability that this project may be inconsistent with the General Plan being prepared at this time. The project does not propose the proper infrastructure for the proposed density with use of subsurface sewage disposal and lack of adequate paved access. Do The proposed use complies with State planning and zoning law. The project conforms to the current zoning for the site and to Ordinance No. 460, Schedule G. The site is not suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access, and density. The project does not have appropriate off-site access and does not provide sewer service. The design of the subdivision or the proposed improvements will not cause substantially and avoidable injure fish or wildlife or their habitat, due to the fact that the site has been previously graded under County approved grading permits. The design of the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities. The lots are large enough to provide sufficient southern exposure. All lots have access to existing and proposed dedicated rights-of-way which are one to, vehicular traffic, access is provided from Estero Street, although access through Ormsby and Santiago Roads are not currently improved. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project as conditioned. The project will not interfere with any easements. Resos 91-35 -3- That said findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and therein incorporated by reference. SECTION 2. The City of Temecula City Council hereby denies Tentative Parcel Map No. 25607 for the subdivision of a 1.8 acre parcel into 2 parcels located at the southeast comer of Estero Street and Ormsby Road based on the above findings. PASSED, APPROVED AND ADOPTED, this 9th day of April, 1991. Ronald J. Parks, Mayor ATTEST: Ju~reek, City cer~~k [SEALI Resos 91-35 -4- 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 9th day of April, 1991 by the following vote of the Council: AYES: 3 COUNCILMEMBERS: Birdsall, Moore, Mufioz NOES: 1 COUNCILMEMBERS: Lindemans ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Parks Resos 91-35 -5-