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HomeMy WebLinkAbout11-008 CC Resolution RESOLUTION NO. 11-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING PROGRAM FOR THE CONSTRUCTION AND OPERATION OF A 946-SQUARE FOOT DRIVE-THRU CAR WASH AT THE EXISTING ARCO AM/PM GAS STATION LOCATED AT THE SOUTHEAST CORNER OF WINCHESTER AND NICOLAS ROADS, ADDRESSED AS 40212 WINCHESTER ROAD (APN 920-100-048) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. On August 4, 2009, Mr. Gregory Hann filed Planning Application No. PA09-0246, Specific Plan Amendment and on September 22, 2009 Planning Application Nos. PA09-0287, Conditional Use Permit and PA09-0288, Development Plan. in a manner in accord with the City of Temecula General Plan and Development Code ("Project"). B. On November 3, 2010, the Planning Commission recommended approval of Planning Application Nos. PA09-0246, Specific Plan Amendment; PA09-0287, Conditional Use Permit; and PA09-0288 Development Plan C. The Project was processed, including but not limited to all public notices, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, Public Resources Code § 21000, et seq. and the California Environmental Quality Act Guidelines, 14. Cal. Code Regs. § 15000 et seq. (collectively referred to as "CEQA") D. Pursuant to CEQA, the City is the lead agency for the Project because it is the public agency with the authority and principal responsibility for approving the Project. E. On November 3, 2010, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the Project and any comments received prior to or at the public hearing on November 3, 2010, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the Project and the Mitigated Negative Declaration. F. The Planning Commission reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the November 3, 2010 public hearing, and based on the whole record before it finds R:/Resos 2011/Resos 11-08 1 that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. G. On January 11, 2011, the City Council of the City of Temecula considered the Project and the Negative Declaration, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the Negative Declaration prior to an at the public hearing and based on the whole record before it finds that: the Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Negative Declaration reflects the independent judgement and ana�ysis of the City Council. H. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Based on the findings set forth in the Resolution, the City Council hereby adopts the Mitigated Negative Declaration prepared for the Project. The Director of Community Development is authorized and directed to a file a Notice of Determination in accordance with CEQA. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 11 day of January, 2011. Ron Roberts, Mayor ATTEST: �'y� Susan . Jones, MC ity CI rk [SEAL] R:/Resos 2011/Resos 11-08 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 11-08 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 11 t " day of January, 2011 by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Washington, Roberts NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ,�� Susan . Jones, MMC City Clerk R:/Resos 2011/Resos 11-08 3