HomeMy WebLinkAbout06_028 PC Resolution
PC RESOLUTION NO. 06-28
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL ADOPT AN ORDINANCE ENTITLED "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING SECTIONS 17.06.030, 17.08.030 AND
17.34.010 OF THE TEMECULA MUNICIPAL CODE,
PROHIBITING THE ESTABLISHMENT OF MEDICAL
MARIJUANA DISPENSARIES WITHIN THE CITY (PLANNING
APPLICATION PA06-0052)"
Section 1. On April 12, 2005, the City Council of the City of Temecula adopted a
comprehensive update to the City General Plan and Certified the Final Environmental Impact
Report.
Section 2. On January 25, 1995, the City Council of the City of Temecula adopted
the City's Development Code.
Section 3. The City has identified a need to amend the adopted Development Code.
Section 4. The Planning Commission considered the proposed amendment on April
5, 2005, at a duly noticed public hearing as prescribed by law, at which time the City staff and
interested persons had an opportunity to, an did testify either in support or opposition to this
matter.
SectIon 5. Recommendation of Aooroval. That the City of Temecula Planning
Commission hereby recommends that the City Council adopt an ordinance amending portions
of Title 17 of the Temecula Municipal Code substantially in the form attached to this resolution
as Exhibit A.
Section 6. Environmental Comoliance. That the City of Temecula Planning
Commission recommends that the City Council finds that City staff prepared an Initial Study of
the potential environmental effects of this Ordinance amending the City's Development Code to
prohibit medical marijuana dispensaries (the 'Project"). Based upon the findings contained in
that Initial Study, City Staff determined that there was no substantial evidence that the Project
could have a significant effect on the environment and a Negative Declaration was prepared.
Thereafter, City Staff provided public notice of the public comment period and of the intent to
adopt the Negative Declaration as required by law. The public comment period commenced on
March 4, 2006 and expired on April 3, 2006. Copies of the documents have been available for
public review and inspection at the offices of the Department of Community Development,
located at City Hall, 43200 Business Park Drive, Temecula, Califomia 92589. The City Council
will review the Negative Declaration and all comments received regarding the Negative
Declaration prior to and at the April 25, 2006 public hearing, and based on the whole record
before it, finds that: (1) 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 judgment and analysis of the City
Council.
R:\Ordinances\Medical MarijuanalPC12PC RESOLUTION Attachment 1.doc1
I.
Section 7. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 5th day of April 2006.
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Ron Guerriero, . airman
ATTEST:
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Debbie Ubnoske, Secretary
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STATE OF cA~Ii=o~N'iA
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COUNTY"OF RIVE~SIDE
CITY;OF TEMECULA
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I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that PC Resolution No. 06-28 was duly and regularly adopted by the Planning Commission of
the City of Temecula at a regular meeting thereof held on the 5th day of April, 2006, by the
following vote of the Commission:
AYES:
NOES:
4 PLANNING COMMISSIONERS:
o PLANNING COMMISSIONERS:
Carey, Chiniaeff, Harter, Telesio
None
ABSENT: 1 PLANNING COMMISSIONERS:
ABSTAIN: 0 PLANNING COMMISSIONERS:
Guerriero
None
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Debbie Ubnoske, Secretary
R:\OrdinanceslMedical MarijuanaIPC\2PC RESOLUTION Attachmenll.d0c2