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HomeMy WebLinkAbout93_010 PC Resolution'7ol. o~ PC RESOLUTION NO. 93-10 A RESOLUTION OF ~ PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING VARIANCE NO. 13 TO PERMIT A SEVENTY-THREE FOOT HIGH SIGN IN THE SCENIC ltlGIrvVAY COMMERCIAL (C-P-S) ZONE LOCATED AT THE WESTERN PORTION OF 26631 YNEZ ROAD WHEREAS, Ad Art Signs, Incorporated filed Variance No. 13 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHF. REAS, said Variance application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Vaxiance on June 7, 1993, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission denied said Variance; NOW, THF. REFORE, TI:~', PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findings. That the Temecula Planning Commission hereby makes the following f'mdings: 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. R:\S\STAFFRPT~13VAR,RES 7/12/93 klb 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 Section 18.27. d. of Ordinance No. 348, no Variance may be approved unless the applicant demonstrates the adjustment does not constitute a grant of special privileges that is inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated, and the proposed use will not be detrimental to the health, safety and welfare of the community. D. The Planning Commission, in denying the proposed Variance, makes the following f'mdings, to wit: 1. The adjustment does constitute a grant of special privileges that is inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated. All of the automobile dealerships have already received approval for six (6) foot high free-standing signs which identify their businesses. 2. The proposed use will be detrimental to the health, safety and welfare of the community because the project creates excessive light, which while meeting the letter of Ordinance No. 655 (Mt. Palomar Lighting Ordinance) does not meet the intent of Ordinance No. 655. The project will therefore have a negative effect on the Mt. Palomar Observatory. R:\S\STAFFRPT~13VAR.RES 7/12/93 klb 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 7th day of June, 1993 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ORNHILL SECRETARY R:\S\STAFFRPT~13VAR.RES 7/12/93 klb