HomeMy WebLinkAbout95-019 CC ResolutionRESOLUTION NO. 95-19
A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY
OF TEMECULA MAKING CERTAIN FINDINGS IN
CONNECTION WITII TIlE AI'I'ROVAL OF THE CITY OF
TEMECULA OUTDOOR VENI)OR'S ORDINANCE AND
ADOPTING TIlE NEGATIVE DECLARATION.
WHEREAS, THE CITY OF TEMECULA prepared the Outdoor Vendor's Ordinance
in accordance with the City of Temecula General Plan and Riverside County Land Use and
Subdivision Ordinances, which the City has adopted by reference;
WHEREAS, The Outdoor Vendor's Ordinance was processed in the time and manner
prescribed by State and local law;
IVHEREAS, the Planning Commission considered tile Outdoor Vendor's Ordinance on
November 7, 1994 and December 5, 1994, at a duly noticed public hearing as prescribed by law,
at which time interested persons had an opportunity to testify either in support or in opposition;
WHEREAS, at the conclusion of the December 5, 1994 Commission hearing, the
Commission recommended approval of said Ordinance;
WHEREAS, the City Council conducted a public hearing pertaining to said Ordinance on
February 28, 1995, at which time interested lYersons had an opportunity to testify either in support
or opposition to said Ordinance;
WHEREAS, the City Council received a copy of tile Commission proceedings and Staff
Report regarding the Ordinance;
NOW, THEREFORE, TIlE CITY COUNCIL OF TIIE CITY OF TEMECULA DOES
RESOLVE, DETERMINE AND ORI)ER AS FOLLOWS:
Section 1. Findings. That the Temect, la City Council hereby makes the following
findings:
A. The City Council in approving the proposed Ordinance, makes the following
findings, to wit:
1. Vendors offer the citizens of the community an alternative service.
2. Vendors will promote the public interest by contributing to an active
pedestrian environment.
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3. The action proposed is consistent with the General Plan Village Center
policies which call for pedestrian oriented uses.
4. The action proposed complies with all other applicable requirements of state
law and local ordinances.
Section 2. Environmental Compliance. The City Council in adopting the Negative
Declaration of environmental impact under the provisions of the California Environmental Quality
Act, specifically finds that the approval of the proposed Outdoor Vendor Ordinance will have a
di minimis impact on fish and wildlife resources. The City Council specifically finds that in
considering the record as a whole, the project involves no potential adverse effect, either
individually or cumulatively, on wildlife as the same is defined in Section 711.2 of the Fish and
Game Code. This is based on the fact that this all vendors will be located on improved
commercial property. The City Council further finds that the City of Temecula is the project
proponent and the site is located Citywide, Temccula, California. Furthermore, the City Council
finds that an initial study has been prepared by the City Staff and considered by the City Council
which has been the basis to evaluate the potential for adverse impact on the environment and
forms the basis for the City Council's determination, including the information contained in the
public hearing records, on which a Negative Declaration of environmental impact was issued and
this di minimis finding is made. In adclition, the City Council finds that there is no evidence
before the City that the proposed project will have any potential for an adverse effect on wildlife
resources, or the habitat on which the wildlife oleicends. Finally, the City Council finds that the
City has, on the basis of subst,'mtial evidence, rebutted the presumption of adverse effect contained
in 14 California Code of Regulations 753.5(d). The Negative Declaration is hereby approved.
Section 3. The City Clerk shall certify the adoption of this Resolution.
Section 4. PASSED, APPROVEI) AND AI)OPTED this 28th day of February, 1995.
ATTEST:
'~ 1 5?frey E. Stone, Mayor
[SEAL]
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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
Resolution No. 95-19 was duly and regularly adopted by tile City Council of the City of Temecula
at a regular meeting thereof, held on the 28th day of February, 1995 by the following vote:
AYES: 5
COUNCILMEMBERS:
Lindemans, Mufioz, Parks, Roberts,
Stone
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBEI~.S: None
~~S. Greek, CMC, City Clerk
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