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HomeMy WebLinkAbout97_017 PC Resolution .. Iy . • �D l -G PC RESOLUTION NO. 97-017 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING A VARIANCE TO PERMIT THE CONSTRUCTION OF A MONUMENT SIGN AT NINE (9) FEET WHICH EXCEEDS THE PERMITTED HEIGHT OF SIX (6) FEET (PLANNING APPLICATION NO. PA97-0266) THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, WHEREAS, the Planning Commission held a noticed public hearing on August 18, 1997, on the issue of recommending approval or denial of this amendment. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES FIND AS FOLLOWS: Section 1. That in adoption of this Resolution approving this project, the Planning Commission hereby makes the following findings: A. That there are practical difficulties or unnecessary hardships created by strict application of the Code due to physical circumstances and characteristics of the property that are not shared by other properties in the zone. B. The circumstances and characteristics for the variance were not created by the applicant. C. The Variance does not grant special privileges which are not otherwise available to surrounding properties and will not be detrimental to the public welfare or to the property of other persons located in the vicinity. D. The Variance places suitable conditions on the property to protect surrounding properties. E. The Variance does not permit uses which are not otherwise allowed in the zone. Section 2. This project is 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. This project complies with the requirements for this section as there is no possibility R:\OLDTOWN\MACDNPC.VAR 1120/97m 4 that the adoption of this amendment may have a significant effect on the environment. Section 3. That the Planning Commission by adopting this Resolution approves Planning Application No. PA 97-0266. 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. Section 5. PASSED, APPROVED AND ADOPTED this 18th of August, 1997. t 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 18th day of August, 1997, by the following vote of the Commission: AYES: 3 PLANNING COMMISSIONERS: GUERRIEROM MILLER, SOLTYSIAK NOES: 2 PLANNING COMMISSIONERS: FAHEY, SLAVEN ABSTAIN: 0 PLANNING COMMISSIONERS: NONE Debbie Ubnoske, Secretary RA0LDT0WN\MACDNPC.VAR 11/20/97® 5 ATTACHMENT NO. 1 PC RESOLUTION NO. 97-016 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 97-0151 (CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN - AMERICA'S TIRE) TO CONSTRUCT AND OPERATE A 79040 SQUARE FOOT BUILDING ON 0.84 ACRES, LOCATED APPROXIMATELY ONE THOUSAND (1,000) FEET NORTHEAST OF THE INTERSECTION OF WINCHESTER AND YNEZ ROADS AND KNOWN AS ASSESSOR'S PARCEL NO. 910-290-001 WHEREAS, America's Tire filed Planning Application No. 97-0151 (for Conditional Use Permit [CUP]) in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. 97-0151 (Conditional Use Permit) was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. 97-0151 (Conditional Use Permit) on July 21, 1997, 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 the public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the Commission considered all facts relating to Planning Application No. 97-0151 (Conditional Use Permit); 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. The Planning Commission, in approving Planning Application No. 97-0151 (Conditional Use Permit) makes the following findings; to wit: A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. The project is consistent with all City Ordinances including: the City's Development Code, Ordinance No. 655 (Mt. Palomar Lighting Ordinance), and the City's Water Efficient Landscaping provisions. R:WrAFPRP11151PA97.PC 7/28/97 klb 6 B. The overall development of the land is designed for the protection of the public health, safety and welfare. The project as proposed complies with all City Ordinances and meets the standards adopted by the City of Temecula designed for the protection of the public health, safety and welfare. C. An Initial Study was prepared for the project and it has determined that although the proposed project could have a significant effect on the environment, these effects are not considered to be significant due to mitigation measures contained in the project design and in the Conditions of Approval added to the project. D. The project will not result in an impact to endangered, threatened or rare species or their habitats, including but not limited to plants, fish, insects, animals and birds. The project site has been previously disturbed and graded, and streetscape installed on site. There are no native species of plants, no unique, rare, threatened or endangered species of plants, no native vegetation on or adjacent to the site. Further, there is no indication that any wildlife species exist, or that the site serves as a migration corridor. A DeMinimus impact finding can be made for this project. Section 3. Environmental Compliance. An Initial Study was prepared for this project and indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Conditions of Approval have been added to the project, and a Mitigated Negative Declaration, therefore, is hereby adopted. Section 4. Conditions. That the City of Temecula Planning Commission hereby approves Planning Application No. 97-0151 to construct and operate a total of 7,040 square foot building for America's Tires on a parcel containing 0.84 acres located on Winchester Road, approximately one thousand (1,000) feet northeast of the intersection of Winchester and Ynez Roads known as Assessor's Parcel No. 910-290-001 subject to Exhibit A, attached hereto, and incorporated herein by this reference and made a part hereof. R:%STAFFP.M15IPA97.PC 7nst9710b 7 • 0 Section 5. PASSED, APPROVED AND ADOPTED this 21st day of July, 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 21st day of July, 1997 by the following vote of the Commission: AYES: 3 PLANNING COMMISSIONERS: Guerriero, Miller, Soltysiak NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 2 PLANNING COMMISSIONERS: Fahey, Slaven Debbie Ubnoske, Secretary USTAPFRFn151PA97.PC 7f28/97klb 8