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Home My WebLink About10-024 PC Resolution PC RESOLUTION NO. 10-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A NEGATIVE DECLARATION IN CONNECTION WITH A ZONING AMENDMENT APPLICATION TO CHANGE THE ZONING OF A PARCEL LOCATED AT 42210 LYNDIE LANE FROM HIGH DENSITY RESIDENTIAL (H) TO COMMUNITY COMMERCIAL (CC) (APN 921-310-018) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On July 13, 2010, David Ashcroft filed Planning Application No. PA10- 0210, a Zoning Amendment Application, in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on November 17, 2010, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA10-0210 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Zoning Amendment Application to change the zoning of a parcel located at 42210 Lyndie Lane from High Density Residential (H) to Community Commercial (CC), which is the site's current General Plan designation: A. Pursuant to California Environmental Quality Act ("CEQA), City staff prepared an Initial Study of the potential environmental effects of the approval of the Land Use Amendment Application, as described in the Initial Study ("the Project"). Based upon the findings contained in that study, there is no substantial evidence that the Project could have a significant effect on the environment and a Negative Declaration has been prepared. B. 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 October 5, 2010, and expired on October 25, 2010. Copies of the documents have been available for public review and inspection at the offices of the Department of Planning, located at City Hall 43200 Business Park Drive, Temecula, California 92590. C. No written comments were received prior to the public hearing. D. The Planning Commission has reviewed the Negative Declaration prior to and at the November 17, 2010 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 Planning Commission. E. Based on the findings set forth in the Resolution, the Planning Commission hereby recommends adoption the Negative Declaration prepared for this project. Section 3. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 17th day of November 2010. Car Carey, Chairman ATTEST: Patrick Richardson, Secretary , _- . . - ��SEAL� .� �, , ` _ � ._'' _� --;� ; e .. , - - �.. ' �' ; :� - .._ :�. �--=- - ��. :; -, �STATE C�F CHLIFORNIA ) COUNTY n��RIVERSIDE )ss �' �- CITY:O� TEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 10-24 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 17th day of November 2010, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Carey, Guerriero, Kight, Telesio NOES: 0 PLANNING COMMISSIONERS None ABSENT: 1 PLANNING COMMISSIONERS Harter ABSTAIN: 0 PLANNING COMMISSIONERS None Patrick Richardson, Secretary i EXHIBIT A DRAFT CC RESOLUTION � RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A NEGATIVE DECLARATION . IN CONNECTION WITH A ZONING AMENDMENT. APPLICATION TO CHANGE THE ZONING OF A PARCEL LOCATED AT 42210 LYNDIE LANE FROM HIGH DENSITY RESIDENTIAL (H) TO COMMUNITY COMMERICAL (CC) (APN 921-310-018) Section 1. Procedural Findings. The City Council of the City of Temecula � does hereby find, determine and declare that: A. On July 13, 2010, Mr. David Ashcroft filed Planning Application No. PA10- 0210, a Zoning Amendment application, in a manner in accord with the City of Temecula General Plan and Development Code. B. On November 17, 2010, the Planning Commission recommended approval of Planning Application No. PA10-0210, Zoning Amendment � C. The Project was processed including, but not limited to a public notice, 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. A Negative Declaration was prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA") and circulated for public review from October 5, 2010 through October 25, 2010 for a 20-day public review. Copies of the documents have been available for public review and inspection at the offices of the Department of Planning, located at City Hall 43200 Business Park Drive, Temecula, California 92590. F. No written comments were received prior to the public hearing. G. On November 17, 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 17, 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 Negative Declaration. H. Following consideration of the entire record before it at the public hearing and due consideration of the proposed Project the Planning Commission recommended that the City Council adopt the Negative Declaration prepared for the Project. I. On , 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 and at the public hearing. �J. Following the public hearing, the Council adopted Resolution No. 10- adopting the Negative Declaration. K. All legal preconditions to the adoption of this Resolution have occurred. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 17th day of November, 2010. Jeff Comerchero , Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] 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. 10- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the , day of , 2010, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk