HomeMy WebLinkAbout92_023 PC ResolutionATrAC~ NO. 1
RESOLUTION NO. 92-023
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA DENYING VARIANCE NO. 10
TO CONSTRUCT A 55 FOOT HIGH FREE STANDING SIGN
LOCATED AT AN APPROVED AUTOMOTIVE SERVICE
FACILITY LOCATED AT 29115 FRONT STREET.
WI~REAS, Lou Kashmere fried Variance No. 10 in accordance with the Riverside
County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted
by reference;
WHFIIEAS, 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 April 20, 1992, at which tune interested persons had opportunity to testify either
in support or opposition to said Variance; and
WItEREAS, the Planning Commission received a copy of the Staff Report regarding the
Variance;
NOW, THF, REFORE, THE PLANNING COMMISSION OF ~ CITY OF
TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section I. Findings. That the Temecula Planning Commission hereby makes the
following findings:
A. 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:
general plan.
The city is proceeding in a timely fashion with the preparation of the
2. The planning agency finds, in approving projects and taking other actions,
including the issuance of building permits, each of the following:
a. 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.
b. 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.
c. The proposed use or action complied with all other applicable
requirements of state law and local ordinances.
B. 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.
C. Pursuant to Sections 18.27(a) and 18.30 (c), no variance may be approved unless
the following f'mdings can be made:
1. 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.
2. The proposed use must conform to all the General Plan requirements and
with all applicable requirements of state law and City ordinances.
3. 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.
D. The Planning Commission, in denying the proposed Variance, makes the
following f'mdings, to wit:
1. There are no exceptional circumstances applicable to the existing size and
configuration of the subject property. The project site is afforded frontage on Front Street, by
City Ordinance, therefore, the site is allowed one free-standing sign. The approved 45 foot high
sign provides adequate visibility for the proposed advertising.
2. The granting of this variance may not be compatible with the general
welfare of the public in that the proposed sign does not conform with Ordinance No. 348, and
the policy guidelines in Section llI.8.f, of SWAP relative to scenic highway corridors.
3. The approved sign allows the applicant to adequately identify the project
site in a manner compatible with the intent of City sign regulations. Signage proposed is not
consistent with design and construction types generally endorsed by the City. As such, the
proposed use is not likely to be consistent with the City's future adopted General Plan, which
is being conducted in a timely manner.
E. Pursuant to SECTION E, the Variance proposed does not conform to the logical
development of its proposed site, and may not be 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).
Section HI. Conditions. That the City of Temecula Planning Commission hereby denies
Variance No. 10 to construct a 55 foot high free standing sign located at an approved
automotive service facility located at 29115 Front Street, therefore no conditions of approval are
proposed for this project.
Section IV.
PASSED, DENIED AND ADOPTED this 20th day of April, 1992.
I }IF~REBY 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 20th day of April,
1992 by the following vote of the Commission:
AYES: 5 PLANNING COMMISSIONERS: BLAIR, CHINIgRgF, FAHEY,
FORD, AND HOAGLAND
NOES: 0
ABSENT: 0
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
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