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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: RASTAFFRPTTORT[INE.PC 715/97 m 5 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. RASTAFFRPTTORTUNE.PC 7l5/97 m 6 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: 4�I� -f//—c. Debbie Ubnoske, Secretary RASTAFFRMFORTUNR.PC 215/97® 7