HomeMy WebLinkAbout97_002 PC Resolution h
PC RESOLUTION NO. 97-002
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING APPROVAL BY
THE CITY COUNCIL OF A DEVELOPMENT CODE
AMENDMENT AMENDING CHAPTER 17 OF THE
TEMECULA MUNICIPAL CODE AND THE OLD TOWN
SPECIFIC PLAN TO MAKE CHANGES TO TABLE 17.08(a)
OF THE DEVELOPMENT CODE, SCHEDULE OF
PERMITTED USES, AND TABLE 1 OF SECTION III, LAND
USE MATRIX, OF THE OLD TOWN SPECIFIC PLAN TO
ALLOW "FORTUNE TELLING, SPIRITUALISM, OR
SIMILAR ACTIVITY" AS PERMITTED USES RATHER
THAN CONDITIONALLY PERMITTED USES(PLANNING
APPLICATION NO. PA97-0003 AND PLANNING
APPLICATION NO. PA 97-0016)
THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, the City adopted the Development Code and the Old Town Specific Plan that
both identify Fortune Telling, Spiritualism, or Similar Activity as conditionally permitted uses;
and,
WHEREAS, concerns were raised by prospective business owners that the requirement
of a Conditional Use Permit may not be warranted and reasonable for Fortune Telling,
Spiritualism, or Similar Activity; and,
WHEREAS, staff brought this issue to City Council to receive direction; and,
WHEREAS, on December 10, 1996, the City Council of the City of Temecula directed
staff to prepare a Development Code Amendment and Old Town Specific Plan Amendment to
allow "Fortune Telling, Spiritualism, or Similar Activity" as permitted uses rather than
conditionally permitted uses (Planning Application No. PA97-0003 and Planning Application No.
97-0016, hereinafter "Amendments"); and,
WHEREAS, the Planning Commission held a noticed public hearing on January 27, 1997,
on the issue of recommending approval or denial of the Amendments.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
TEMECULA DOES FIND AS FOLLOWS:
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Section 1. That in recommending adoption by the City Council of an Ordinance approving
the Amendments, the Planning Commission hereby makes the following findings:
(a) That Section 65800 of the Government Code provides for the adoption and
administration of zoning laws, ordinances, rules and regulations by cities to implement such
general plan as may be in effect in any such city; and,
(b) That there is a need to amend the Development Code and the Old Town
Specific Plan to ensure its clarity and completeness; and,
(c) That this Ordinance complies with all the applicable requirements of State
law and local ordinances.
(d) The said uses do not have any special uniqueness or impacts on the
surrounding commercial uses to require Conditional Use Permits for them.
Section 2. The Planning Commission hereby recommends that these amendments to
the Development Code and the Old Town Specific Plan do not have the potential to cause a
significant impact on the environment. Any potential impacts associated with the Development
Code and the Old Town Specific Plan were included in the previous Negative Declarations for the
Development Code and Zoning Map and the Old Town Specific Plan, as well as the Final
Environmental Impact Report of the City General Plan for the City and its environs. Further,
these projects are exempt from California Environmental Quality Act, pursuant to Section
15061(b)(3) of the CEQA Guidelines. This section of the CEQA Guidelines indicates that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. It also states, where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, the activity is not subject
to CEQA. These projects comply with the requirements for this section as there is no possibility
that the adoption of these amendments may have a significant effect on the environment.
Section 3. That the Planning Commission recommends that the City Council adopt and
approve the Ordinance approving the Amendment, Exhibit "A", substantially in the form attached
hereto.
Section 4. The Secretary of the Planning Commission shall cause this Resolution to be
transmitted to the City Council for further proceedings in accordance with State law.
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Section 5. PASSED, APPROVED AND ADOPTED this 27th of January, 1997.
Linda Fahey, Chairman
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 27th day of
January, 1997, by the following vote of the Commission:
AYES: 5 PLANNING COMMISSIONERS: Fahey, Miller, Slaven,
Soltysiak, Webster
NOES: 0 PLANNING COMMISSIONERS:
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Debbie Ubnoske, Secretary
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