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HomeMy WebLinkAboutResolution - 3205 (3) STATE OF CALIFORNIA ) RESOLUTION NO. 3205 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, DENYING TENTATIVE TRACT MAP NO. 33080, AN 18-LOT SUBDIVISION LOCATED AT THE SOUTHWEST CORNER OF RAMONA BOULEVARD AND YOUNG STREET: FILE NO. TR 33080 WHEREAS, Pelican Homes filed an application on January 31, 2005, revised August 2. 2006, for Tentative Tract Map No. 33080 (the "Application") to subdivide 9.42 acres located at the southwest corner of Ramona Boulevard and Young Street (the "Subject Site"), into 18 single-family lots, as more particularly described in Exhibit "A" (`Tentative Map"); and WHEREAS, the Suhject Site is zoned RAAB Residential Aqriculture Accessory Business; and WHEREAS, the Tentative Map, as presented to the City Council of the City of San Jacinto ("City Council"), proposes the use of septic disposal systems rather than connection of the residential units in the proposed project to the City's sewer system; and WHEREAS, the Tentative Map, as presented to the City Council, proposes the use of detention basins on individual lots rather than the creation of a single detention basin for the project, as required by the City Engineer's Office; and WHEREAS, on August 7, 2008 the City Council conducted a duly noticed public hearing on the Application, at which time all persons wishing to testify in connection with the Application were heard and the Application was comprehensively reviewed; and WHEREAS, at the public hearing the City Council expressed its concern regarding the proposed use of septic disposal systems and individual detention basins as shown on the Tentative Map; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO RESOLVES AS FOLLOWS: Pagc 1 of 4 SECTION 1. Based on the entire record before the City Council, all written and oral evidence presented to the City Council, and the findings set forth in this Resolution, the City Council denies Tontativo Tract Map No. 33080. SECTION 2. Pursuant to California Government Code Section 66410 et sec., based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds as follows: A. Pursuant to Government Code section 66474.2(b), if the City finds that the proposed map or the design of the improvements of the subdivision is not consistent with the City's General Plan for the City of San Jacinto ("General Plan") the City must deny the Tentative Map. 1. The City Council found that the Tentative Tract Map, as presented, is inconsistent with the General Plan. (i) The provisions for design and improvements of the Subject Site, as shown on the Tentative Map, specifically, the use of septic systems and detention basins on individual lots, do not promote the goals and objectives of the General Plan as infrastructure facilities for sewer and flood control on and around the Subject Site will not be maintained or expanded to meet the future growth of the community. B. Pursuant to Government Code section 66474.2(f), if the City finds that the proposed map or the design of the improvements are likely to cause serious public health problems the City must deny the Tentative Map. 1. The City Council found that the subdivision design and improvements proposed in the Tentative Map, specifically, the use of septic systems and detention basins on individual lots, are likely to cause serious public health problems. (i) The Tentative Map shows 14 of the proposed 18 lots with septic leach fields as part of a proposed subsurface septic disposal system in lieu of connecting to the City's sewer system. Septic system back up or failure can occur for numerous reasons including failure to properly install or maintain the system. Septic system failure can cause effluent to rise to the surface causing unpleasant odors and the leaching of effluent into surface water. The leaking of improperly treated waste can spread disease such as dysentery and hepatitis. Mosquitoes and flies can also breed in areas where effluent reaches the ground surface. Chemical or nutrient poisoning can also result from leaching of effluent from septic systems. Page 2of4 (ii) The Tentative Map shows individual detention basins on each lot, which is inconsistent with the City Engineer's Office requirement for a single detention basin for the project, and which raises public health concerns regarding individual property owner maintenance of detention basins, standing water, vector control, and child safety issues, such as the risk of drowning, if the basins are not properly maintained. C. Pursuant to Government Code section 66474.6, if the City finds that the Tentative Map may cause a violation of existing requirements prescribed by the local water quality control board (the 'Board") it may deny the Application. 1. As proposed on the Tentative Tract Map, all dwellings would not be required to obtain sewer connection permits prior to occupancy. This may cause a violation of Board requirements. SECTION 3. Effective Date. This Resolution shall become effective upon adoption. APPROVED, PASSED and ADOPTED at a regular meeting of the City Council of the City of San Jacinto on this 4th day of September, 2008. Ayes: Mansperger, Potts, Stubblefield, Ayres Nays: None Absent: Carlson Abstain; None CITY OF SAN JACINTO i Jim Ayr , Mayor ATTEST: 'Fb,r-A,J orothy L. ouinard, City Clerk Page 3 of 4 Tentative Tract No. 33080 CITY OF SAN JACINTO County of Riverside,State of California 1 �JF WIF c r hy.cr Puea . • _� _ .. 1..Rrw Trtl M 4MB"! I