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HomeMy WebLinkAbout97-06 CC OrdinanceORDINANCE NO. 97-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE AND THE OLD TOWN SPECIFIC PLAN TO MAKE CHANGES TO TABLE 17.08(a) OF THE DEVELOPMENT CODE AND TABLE 1 OF THE OLD TOWN SPECIFIC PLAN TO ALLOW "FORTUNE TELLING, OR SlMH.AR ACTIV1TY~ AS PERMITI'ED USES RATHER THAN CONDITIONALLY PERMITTED USES THE CITY COUNCIL OF ~ CITY OF TEMECULA, STATE OF CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Temecula hereby makes the following findings: A. That Section 65800 of the Government Code provides for the adoption and administration of zoning laws, ordinances, rules and regulations by cities to implement such general plan as may be in effect in any such city; and B. That there is a need to amend the Development Code and the Old Town Specific Plan to ensure its clarity and completeness; and C. That this Ordinance complies with all the applicable requirements of State law and local ordinances. D. The said uses do not have any special uniqueness or impacts on the surrounding uses to require Conditional Use Permits for them. Section 2. Table 17.08(a) of the Development Code is hereby amended to replace the current line for "Fortune Telling, Spiritualism, or Similar Activity" with the following: Fortune Telling, or Similar Activity NC CC HT SC PO BP P P P P P P Orda\97-06 1 Section 3. Table 1 of the Old Town Specific Plan is hereby amended to replace the current line for "Fortune Telling, Spiritualism, or Similar Activity" with the following: Fortune Telling or Similar Activity TSR HTC OTC TRC TSO CCTS CC -- p -- p P P P Psychic/ Fortune Telling -- P -- P P P P Section 4. Section 5.04.050 (63) of the Temecula Municipal Code is hereby amended by deleting therefrom the last sentence which reads "Additionally, a special permit from the city manager must be obtained". Section 5. Environmental Determination The City Council hereby determines that these amendments to the Development Code and the Old Town Specific Plan do not have the potential to cause a significant impact on the environment. Any potential impacts associated with the Development Code and the Old Town Specific Plan were included in the previous Negative Declarations for the Development Code and Zoning Map and the Old Town Specific Plan, as well as the Final Environmental Impact Report of the City General Plan for the City and its environs. Further, these projects are exempt from California Environmental Quality Act, pursuant to Section 15061(b)(3) of the CEQA Guidelines. This section of the CEQA Guidelines indicates that CEQA applies only to projects which have the potential for causing a significant effect on the environment. It also states, where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. These projects comply with the requirements for this section as there is no possibility that the adoption of these amendments may have a significant effect on the environment. Section 6. Severability The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or Section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 7. Effective Date This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. Ords\97-06 2 Section 8. PASSED, APPROVED, AND ADOPTED this 13th day of May, 1997. Patricia H. Birdsall, Mayor ATTEST: ne~S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 97-06 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 22nd day of April, 1997, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 13th day of May, by the following roll call vote: AYES: 5 COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None June S.(Greelc, CMC/AAE ~ City Clerk Ords\97-06 3