HomeMy WebLinkAbout11-008 CC Resolution RESOLUTION NO. 11-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ADOPTING A MITIGATED NEGATIVE
DECLARATION, AND MITIGATION MONITORING
PROGRAM FOR THE CONSTRUCTION AND OPERATION
OF A 946-SQUARE FOOT DRIVE-THRU CAR WASH AT
THE EXISTING ARCO AM/PM GAS STATION LOCATED
AT THE SOUTHEAST CORNER OF WINCHESTER AND
NICOLAS ROADS, ADDRESSED AS 40212 WINCHESTER
ROAD (APN 920-100-048)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. The City Council of the City of Temecula does hereby find,
determine and declare that:
A. On August 4, 2009, Mr. Gregory Hann filed Planning Application No.
PA09-0246, Specific Plan Amendment and on September 22, 2009 Planning
Application Nos. PA09-0287, Conditional Use Permit and PA09-0288, Development
Plan. in a manner in accord with the City of Temecula General Plan and Development
Code ("Project").
B. On November 3, 2010, the Planning Commission recommended approval
of Planning Application Nos. PA09-0246, Specific Plan Amendment; PA09-0287,
Conditional Use Permit; and PA09-0288 Development Plan
C. The Project was processed, including but not limited to all public notices,
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 3, 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 3, 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 Mitigated Negative Declaration.
F. The Planning Commission reviewed the Mitigated Negative Declaration
and all comments received regarding the Mitigated Negative Declaration prior to and at
the November 3, 2010 public hearing, and based on the whole record before it finds
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that: (1) the Mitigated 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) Mitigated Negative Declaration reflects the independent judgment
and analysis of the Planning Commission.
G. On January 11, 2011, 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 an 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 judgement and ana�ysis 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 the Resolution, the City Council hereby
adopts the Mitigated Negative Declaration prepared for the Project. The Director of
Community Development is authorized and directed to a file a Notice of Determination
in accordance with CEQA.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 11 day of January, 2011.
Ron Roberts, Mayor
ATTEST:
�'y�
Susan . Jones, MC
ity CI rk
[SEAL]
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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. 11-08 was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 11 t " day of January, 2011 by the
following vote:
AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Naggar,
Washington, Roberts
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
,��
Susan . Jones, MMC
City Clerk
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