HomeMy WebLinkAbout99_019 PC ResolutionPC RESOLUTION NO. 99-019
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A
REVISED SUBDIVISION ORDINANCE.
WHEREAS, THE CITY OF TEMECULA prepared the Subdivision Ordinance in accordance with
the City of Temecula General Plan and The State Subdivision Map Act;
WHEREAS, The Subdivision Ordinance was processed in the time and manner prescribed by
State and local law;
WHEREAS, the Planning Commission considered the Subdivision Ordinance on July 7, 1999, 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 deserving to be heard, the Commission considered all facts relating to the
Subdivision Ordinance;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct.
Section 2. Findings.
A. The Planning Commission in recommending approval of the City of Temecula's
Subdivision Ordinance, makes the following findings, to wit:
1. Section 66411 of the Government Code provides for local agencies to regulate
and control design of subdivisions; and
2. There is a need to adopt a subdivision ordinance that relates specifically to the
City in order to protect the public health, safety, and welfare; and
3. The action proposed is consistent with the General Plan which calls for a
complete and integrated mix of residential, commercial, industrial, recreational, public and open space
land use; and
4. The action proposed complies with all other applicable requirements of state law
and local ordinances.
B. The Planning Commission in recommending that the City Council approve the
certification of the Negative Declaration of environmental impact under the previsions of the California
Environmental Quality Act, specifically finds that the approval of this ordinance will have a di minimis
impact on fish and wildlife resources. The Planning Commission recommends that the City Council
specifically finds that in considering the record as a whole, the project involves no potential adverse
effect, either individually or cumulatively, on wildlife as the same is defined in Section 711.2 of the Fish
and Game Code. This is based on the fact that the project is an ordinance to the Temecula Municipal
Code and does not involve any disturbance of the land. The Planning Commission further finds that the
City of Temecula is the project proponent and the site is located Citywide, Temecula, California.
Furthermore, the Planning Commission finds that an initial study has been prepared by the City Staff
R:\Ordinances~subdivision ord~staff report case status 7-7.doc
and considered by the Planning Commission which has been the basis to evaluate the potential for
adverse impact on the environment and forms the basis for the Planning Commission's determination,
including the information contained in the public hearing records, on which a Negative Declaration of
environmental impact was issued and this di minimis finding is made. In addition, the Planning
Commission finds that there is no evidence before the City that the proposed project will have any
potential for an adverse effect on wildlife resources, or the habitat on which the wildlife depends. Finally,
the Planning Commission finds that the City has, on the basis of substantial evidence, rebutted the
presumption of adverse effect contained in 14 Califomia Code of Regulations 753.5(d).
Section 3. Environmental Compliance. An Initial Study prepared for this project indicates that
the proposed project will not have a significant impact on the environment and a Negative Declaration,
therefore, is hereby granted.
Section 4. PASSED, APPROVED AND ADOPTED this 7th day of July, 1999.
Ron"(~ uerrie~-oT~h airperson
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof, held on the 7th day of July, 1999 by
the following vote of the Commission:
AYES: 5
NOES: 0
ABSENT: 0
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
FAHEY, GUERRIERO, MATHEWSON,
NAGGAR, WEBSTER
NONE
NONE
Debbie Ubnoske, Secretary
R:~BROWN$~subdMsion ord~staff report case status 7-7.doc
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