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HomeMy WebLinkAbout93-068 CC Resolution RESOLUTION NO. 93-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMIECULA APPROVING PLOT PLAN NO. 249, AMENDMENT NO. 2 TO CONSTRUCT A SEVENTY- THREE FOOT SIGN WITH AN ELECTRONIC MIESSAGE BOARD ON A PARCEL CONTAINING 5.07 ACRES LOCATED AT 26631 YNEZ ROAD AND Y.NOWN AS ASSESSOR'S PARCEL NO. 921-080-039 WHEREAS, Ad Art Signs, Incorporated filed Plot Plan No. 249, Amendment No. 2 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; V,IHEREAS, said Plot Plan application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Plot Plan 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 Plot Plan; WHEREAS, Ad Art Signs, Inc. filed an Appeal of the Planning Commission's decision to deny Plot Plan No. 249, Amendment No. 2 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Appeal application was processed in the time and manner prescribed by State and local law; WHEREAS, the City Council conducted a public hearing pertaining to said Appeal on July 13, 1993, at which time interested persons had opportunity to testify either in support or opposition to said Appeal; and WHEREAS, the City Council continued said project at the July 13, 1993 meeting; WHEREAS, the City Council conducted a public hearing pertaining to said Plot Plan on August 10, 1993, at which time interested persons had opportunity to testify either in support or opposition to said Plot Plan; WHEREAS, the City Council received a copy of the Staff Report regarding the Plot Plan; Resos 93-68 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findings. That the Temecula City Council 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: 1. The city is proceeding in a timely fashion with the preparation of the general plan.2. The planning agency finds, in approving projects and taking other actions, including theissuance 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. The proposed Plot Plan is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: 1. The City is proceeding in a timely fashion with a preparation of the general plan. Resos 93-68 2 2. The City Council finds, in approving projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: a. There is reasonable probability that Plot Plan No. 249, Amendment No. 2 as 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 complies with all other applicable requirements of state law and local ordinances. A. Pursuant to Section 18.30(c), no plot plan may be approved unless the following findings can be made: I . The proposed use must conform to all the General Plan requirements and with all applicable requirements of state law and City ordinances. 2. 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. B. The City Council, in approving the proposed Plot Plan, makes the following findings, to wit: 1 . There is a reasonable probability that Plot Plan No. 249, Amendment No. 2 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law due to the fact that the proposed sign is consistent with the existing Scenic Highway Commercial (C-P-S) zoning. Signage (on-site) is a permitted use provided a plot plan has been approved. The Draft Land Use Designation for the project site is Service Commercial (SC). Section IV. A.2.d. of the Land Use Element includes auto dealerships as a "typical use" for the zone, and signage is a necessary component associated with this use. It is likely that the signage will be consistent with the future General Plan due to the fact that it is consistent with existing zoning and the typical uses permitted in the Service Commercial land use designation. 2. There is not a likely probability of substantial detriment to or interference with the future General Plan, if the proposed use is ultimately inconsistent with the plan, due to the fact that the proposed signage is consistent with the existing (Scenic Highway Commercial) zoning, the Draft Land Use Designation of Service Commercial and the permitted uses of the surrounding area. It is likely that the signage will be consistent with the future Resos 93-68 3 General Plan due to the fact that it is consistent with existing zoning and the typical uses permitted in the Service Commercial land use designation. Commercial uses exist within proximity of the site and are also proposed to be located within the subject project area, each of which include on-site signage. 3. The proposed use or action complies with State planning and zoning laws, due to the fact that the proposed use complies with Sections 9.53 (Development Standards for the C-P-S Zone), 18.27 (Variances), and 18.30 (Plot Plans) of Ordinance No. 348. 4. The project as designed and conditioned will not adversely affect the public health or welfare, due to the fact that the Conditions of Approval include mitigation measures for impacts identified in the initial study for the project. 5 . The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the present or planned land use of the area, due to the fact that the proposed use is compatible with the surrounding land uses. Surrounding property owners have expressed their satisfaction with the proposed signage. In addition, potential signage for each individual dealership along Interstate 15 could equal or exceed the amount of signage proposed for the auto mall marquee. 6. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the Initial Study prepared for Plot Plan No. 249, Amendment No. 2. 7. The design of the project and the type of improvements are such that they are not in conflict with easements for access through or use of the property within the proposed project. The proposed sign is located over an existing Eastern Municipal Water District (EMWD) easement. EMWD has provided conditional agreement of the sign construction over their easement. 8. Said findings are supported by exhibits and environmental documents associated with these applications and herein incorporated by reference. C. As conditioned pursuant to Section 3, the Plot Plan proposed conforms to the logical development of its proposed site, and is compatible with the present and future development of the surrounding property. Section 2. Environmental Compliance. An Initial Study prepared for this project indicates that the proposed project will not have a significant impact on the environment, and a Negative Declaration, therefore, is hereby granted. Section 3. Conditions. That the City of Temecula City Council hereby recommends approval of Variance No. 13 for the erection of a seventy-three (73) foot high sign with an electronic message board, located in the Scenic Highway Commercial (C-P-S) Zone, at the Resos 93-68 4 western portion of Toyota of Temecula (26631 Ynez Road). A. Attachment No. 3, attached hereto. Section 4. The City Clerk shall certify the adoption of this Resolution. Section 5. PASSED, APPROVED AND ADOPTED this 10th day of August, 1993. J.Sal Mufkz, M-dyor ATTEST: Jui".-6reek, City Clerk [SEAL] Resos 93-68 5 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I HERFBY CERT@ that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 10th day of August, 1993 by the following vote of the Council: AYES: 4 COUNCILMEMBERS: Birdsall, Parks, Roberts, Mufioz NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Stone Jun@@k, City Clerk Resos 93-68 6 CITY OF TEMECULA CONDITIONS OF APPROVAL Plot Plan No. 249, Amendment No. 2 Project Description: A two (2) sided, seventy-three (73) foot high sign with electronic message board for the Temecula Valley Auto Mail located at the rear portion of Toyota of Temecula (26631 Ynez Road) Assessor's Parcel No.: 921-080-039 Approval Date: Expiration Date: PLANNING DEPARTMENT GENERAL 1 .Plot Plan No. 249, Amendment No. 2 is a proposal for a two (2) sided seventy-three (73) foot high sign with electronic message board for the Temecula Valley Auto Mall. Hours of Operation shall be limited to between sunrise and 1 1:00 pm daily. Only those dealerships contained within the Temecula Valley Auto Mall may advertise on the electronic message board. 2.The permittee shall defend, indemnify, and hold harmless the City of Temecula, its agents, officers, and employees from any claims, action, or proceeding against the City of Temecula or its agents, officers, or employees to attach, set aside, void, or annul, an approval of the City of Temecula, its advisory agencies, appeal boards, or legislative body concerning Plot Plan No. 249, Amendment No. 2. The City of Temecula will promptly notify the permittee of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the permittee of any such claim, action or proceeding or fails to cooperate fully in the defense, the permittee shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. 3.This approval shall be used within two (2) years of approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 4.The development of the premises shall conform substantially with that as shown on Plot Plan No. 249, Amendment No. 2 marked Exhibit D, or as amended by these conditions. 5. Elevations shall be in substantial conformance with that shown on Exhibit E. R:\S\STAFFHPT@249PP-2.CC 8/2/93 tis 15 6.Colors used in the construction of the sign shall be in substantial conformance with those shown on Exhibit F (color rendering) and those listed on Exhibit G. 7. All conditions shall be complied with prior to any use allowed by this permit. WITHIN FORTY-EIGHT (48) HOURS OF THE APPROVAL OF THIS PROJECT: 8.The applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of One Thousand, Three Hundred Dollars ($1,300.00), which includes the One Thousand, Two Hundred, Fifty Dollars ($1,250.00) fee, in compliance with AB 31 58, required by Fish and Game Code Section 71 1.4(d)(2) plus the Fifty Dollar ($50.00) County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 211 52 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). PRIOR TO THE ISSUANCE OF BUILDING PERMITS: 9.All members of the Temecula Valley Auto Mall who chose to advertise on the electronic message board portion of the sign shall submit an agreement with the City of Temecula which will be recorded with the County Recorder. The agreement shall stipulate that all members and future members will forego requesting any additional freeway oriented signage as long as the Temecula Valley Auto Mall Marquee is erected. The addition of any future advertisers on the electronic message board of the Temecula Valley Auto Mall Marquee will cause the agreement to be amended. No additional advertisers will ' be permitted to be displayed upon the Marquee until the amended agreement is recorded. BUILDING AND SAFETY DEPARTMENT 10.Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of Riverside County Ordinance No. 655. PUBLIC WORKS DEPARTMENT PRIOR TO THE ISSUANCE OF BUILDING PERMITS: 11.Eastern Municipal Water District (EMWD) shall approve the footing design allowing for the continuing operation and maintenance of the sewer facility in the proposed sign location. 12. The applicant shall record an agreement with EMWD regarding operation and Said agreement shall be submitted to the maintenance of the sewer facility. Department of Public Works. R:\S\STAFFRPT\249PP-2.CC 8/2/93 tjs 1 6 OTHER AGENCIES 13,The applicant shall comply with the provisions set forth in the Eastern Municipal Water District's transmittal dated June 2, 1 993, a copy of which is attached. R:\S\STAFFRPT\249PP-2.CC 8/2/93 tis 1 7 o- C:TY Of- i7EMECULAig 2 n by;t M A L) -fasternmunicipat aterdistrict J- A@w &+Jing, O/ Di@, L@ C"wa CIWWI'C Gilbert, Pr$s@t )Lkvk* 'Ofm C. A14idic. YiCv Pmidni @ A. Wclver Dktsoof a/ Tbir xeimpi@ WM& . V Ajhky 0/30@rx @6M" @ot D. gleme Doyk F. Boon s-k7 7@rm MLq Rcpft U. Cox J'Une 2, 1993 Matthew Fagan, Assistant 3PIanner CitY of Temecula Planning Department 43174 Business Park Drive Temecula, cA 92590 SubJ8ct: P.P. 249, Amendment No. 2/Variance No. 13 TGM&cula Auto Mall Marquee Dear Mr. Fagan: The Districts& Engirisering Department has been in contact with Adart Signs Inc. regarding design revisions to the marques. The District objects to the subject project design which indicates the marques would intrude into the District's sewer easement and present definite maintenance related problems to the District. Therefore, the Districtle conditions of approval for the subject project include marquee design revisions to the satisfaction of the District. Very Truly Your*, EASTMW MUNICI Water District 10 David G. C: Senior ]Mg neer AB 93-588 DGC/rh cc:t7ce Van Sickle John Penderv Victor Barreto Carl Drucka Mail To: -Post Office @ 830o t Sao Jacinto, California 92581-8300 a T@]Ltphone (909) 925-7676 Maw Office: 2045 S. Sanjwineo Av=m, San Jacinto o Cunomer Seryke/Erigi@ @. 440 F- @nd A Herm CA FILX (909) 929-0257