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HomeMy WebLinkAbout91_111 PC Resolution ATTACHMENT NO. 1 RESOLUTION NO. 91-111 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING VARIANCE NO. 8 TO CONSTRUCT TWO FREE STANDING SIGNS LOCATED AT THE MORAGA PLAZA SHOPPING CENTER ON THE NORTH SIDE OF RANCHO CALIFORNIA ROAD BETWEEN LYNDIE LANE AND MORAGA ROAD, AND KNOWN AS ASSESSOR'S PARCEL NO. 921-310-019 WHEREAS, Mr. Joel Burnstine filed Variance No. $ in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Variance application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission conducted a public hearing pertaining to said Variance on December 16th, 1991, at which time interested persons had opportunity to testify either in support or opposition to said Variance; and WHEREAS, the Planning Commission received a copy of the Staff Report regarding the Variance; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION I. Findings. That the Temecula Planning Commission hereby makes the following findings: 1. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: A. The city is proceeding in a timely fashion with the preparation of the general plan. B. The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: (1) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (2) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (3) The proposed use or action complied with all other applicable requirements of state law and local ordinances. 2. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. 3. The proposed Variance is consistent with the SWAP and meet the requirements set forth in Section 65360 of the Government Code, to wit: A. The City is proceeding in a timely fashion with a preparation of the general plan. B. The Planning Commission finds, in approving of projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: (1) There is reasonable probability that Variance No. 8 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (2) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (3) The proposed use or action complies with all other applicable requirements of state law and local ordinances. 4. Pursuant to Sections 18.27(a) and 18.30 (c), no variance may be approved unless the following findings can be made: A. Special circumstances exist applicable to a parcel of property, including size, shape, topography, location or surroundings, whereby the strict application of this ordinance deprives such property of privileges enjoyed by other property in the vicinity that is under the same zoning classification. B. The proposed use must conform to all the General Plan requirements and with all applicable requirements of state law and City ordinances. C. The overall development of the land is designed for the protection of the public health, safety and general welfare; conforms to the logical development of the land and is compatible with the present and future logical development of the surrounding property. 5. The Planning Commission, in approving of the proposed Variance, makes the following findings, to wit: A. There are exceptional circumstances applicable to the existing size and configuration of the subject property. The project site is afforded frontage on 2 streets, Rancho California Road to the south and Lyndie Lane to the west. By City Ordinance, therefore, the site is allowed two free-standing signs. However, primary access to, and visibility of the shopping center site is limited to Rancho California Road. The applicant proposes consolidation of allowed signage at the project site's Rancho California Road entrance. B. The granting of this variance is compatible with the general welfare of the public in that signs proposed will not unduly obstruct motorists vision, nor are signs requested by this variance visually offensive. C. The variance proposed allows the applicant to adequately identify the project site in a manner compatible with the intent of City sign regulations. Signage proposed is consistent with design and construction types generally endorsed by the City, Signs are to be Iow monuments, 6 feet or less in height, 50 square feet or less in face area, and constructed of materials compatible with architectural features of the affected shopping center. 6. As conditioned pursuant to SECTION 3, the Variance proposed conforms to the logical development of its proposed site, and is compatible with the present and future development of the surrounding property. SECTION II. Environmental Compliance. The project is determined to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15311 of said act which addresses construction of minor accessory structures, including on premises signs. SECTION II1. Conditions. That the City of Temecula Planning Commission hereby approves Variance No. 8 to construct two free standing signs located at the Moraga Plaza Shopping Center on the north side of Rancho California Road between Lyndie Lane and Moraga Road, and known as Assessor's Parcel No. 921-310-019 subject to the following conditions: 1. Attachment 2, attached hereto. S\$TAFFRPT~8.VAR 9 SECTION IV. PASSED, APPROVED AND ADOPTED this 16th day of December, 1991. ~JOHN E.~ 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 16th day of December, 1991 by the following vote of the Commission: AYES: 4 PLANNING COMMISSIONERS NOES: 0 PLANNING COMMISSIONERS ABSENT: 1 PLANNING COMMISSIONERS S\STAFFRPT~8. VAR 10