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
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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.
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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
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