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HomeMy WebLinkAbout10-090 CC Resolution RESOLUTION NO. 10-90 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. 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 ("Project"). 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 all 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. 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. F. The Planning Commission reviewed the Negative Declaration and all comments received regarding the Negative Declaration prior to and at the November 17, 2010 public hearing, and based on the whole record before it finds that: 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. G. On December 14, 2010, 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 R:/Resos 2010/Resos 10-90 1 comments received regarding the Project and the Negative Declaration prior to and at the public hearing and based on the whole record before it finds that: 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. H. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Based on the findings set forth in this Resolution, the City Council hereby adopts the Negative Declaration for the Project. The Director of Community Development is authorized and directed to file a Notice of Determination in accordance with CEQA . PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14 day of December, 2010. ,.. / ; , � �-, �, .� , ' Jeff Comerchero, Mayor ATTEST: Susan W Jo es, MMC City Cler [SEAL] R:/Resos 2010/Resos 10-90 2 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. 10-90 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14 day of December, 2010, by the following vote: AYES: 5 COUNCIL MEMBERS: Edwards, Naggar, Roberts, Washington, Comerchero NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None Susan W Jones, MMC City Clerk R:/Resos 2010/Resos 10-90 3