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HomeMy WebLinkAbout96-03 CC OrdinanceORDINANCE NO. 96 -03 ' AN ORDINANCE OF TIIE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA95 -0133, ZONING AMENDMENT, CHANGING THE ZONING DESIGNATION FROM COMMUNITY COMMERCIAL TO SERVICE COMMERCIAL ON PROPERTY LOCATED ON THE EASTERLY SIDE OF YNEZ ROAD, APPROXIMATELY 270 FEET NORTHERLY OF SOLANA WAY AND KNOWN AS ASSESSOR'S PARCEL NO. 921 - 680 -007 WHEREAS, Terraton Corporation filed Planning Application No. PA95 -0133 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, Planning Application No. PA95 -0133 was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. PA95 -0133 on January 8, 1996, 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 said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the Commission considered all facts relating to Planning Application No. PA95 -0133; WHEREAS, the City Council conducted a public hearing pertaining to Planning Application No. PA95 -0133 on February 13, 1996, at which time interested persons had opportunity to testify either in support or opposition to Planning Application No. PA95 -0133; WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding Planning Application No. PA95 -0133; NOW, THEREFORE, TIIE CITY COUNCIL OF TIIE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Findings. A. The City Council in approving the proposed Change of Zone, makes the following findings, to wit: I1. The proposal is consistent with all applicable sections of the General Plan. o.aa\� -m , ' 2. The proposal is compatible with surrounding land uses which are existing and future commercial developments. 3. Mitigation measures in contained within the Mitigation Monitoring Program will reduce the impacts of the proposal below a level of significance. 4. The site of the proposal is suitable to accommodate the land uses permitted in the Draft Development Code due to the fact that the development standards as proposed within the Draft Development Code and the mitigation measures within the Negative Declaration ensure orderly development of the site. 5. Said findings are supported by analysis, maps, exhibits, and environmental documents associated with this application and herein incorporated by reference. B. As conditioned pursuant to Section 4, Planning Application No. PA95 -0133, as proposed, is compatible with the health, safety and welfare of the community. Section 2. Environmental Compliance. Pursuant to the California Environmental Quality Act (CEQA), an Initial Study has been prepared for this proposal. The Initial Study determined that although the proposal could have a significant effect on the environment, these ' effects are not considered to be significant due to mitigation measures contained in the project design and the Mitigation Monitoring Program. These will mitigate any potentially significant impacts to a level of insignificance; therefore staff recommends that the Planning Commission recommend that the City Council adopt a Negative Declaration for the proposal. Section 3. Conditions. That the City of Temecula City Council hereby approves Planning Application No. PA95 -0133 to change the zoning on approximately .67 acres of land from Community Commercial to Service Commercial on property located on the easterly side of Ynez Road, approximately 270 feet northerly of the intersection of Ynez Road and Solana Way and known as Assessor's Parcel No. 921 - 680 -007. Section 4. 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. I Ords \9603 2 Section 5. PASSED, APPROVED AND ADOPTED this 27th day of February, 1996. T Aa Pf7�i &—mss, Mayor ATTEST: Jun Oreek, CMC 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. 96 -03 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 13th day of February, 1996, 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 27th day of February, 1996, by the following roll call vote: AYES: 5 COUNCILMEMBERS: Birdsall, Ford, Roberts, Stone, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None�� �) Ju reek, CMC City Clerk ' ora\v6m z