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HomeMy WebLinkAbout93-069 CC Resolution RESOLUTION NO. 93-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING VARIANCE NO. 13 TO PERMIT A SEVENTY-THREE FOOT HIGH SIGN IN THE SCENIC HIGHWAY 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; WHEREAS, said Variance application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Variance 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; WHEREAS, Ad Art Signs, Inc. filed an Appeal of the Planning Commission's decision to deny Variance No. 13 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 Variance; WHEREAS, the City Council received a copy of the Staff Report regarding the Variance; Resos 93-69 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMEECULA 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 Variance 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. 2.The Planning Commission finds, in approving projects and @ng other Resos 93-69 2 actions, including the issuance of building permits, pursuant to this title, each of the following: a. There is reasonable probability that Variance No. 13 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. D. 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. E. The City Council, in approving the proposed Variance, makes the following findings, to wit: 1. 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. The sign is considered on-site due to the fact that it is located within the Temecula Valley Auto Mall. Currently, there are eight (8) auto dealerships contained within the auto mall and more are anticipated within the area. Cumulatively, signage permitted for each individual dealership under Ordinance No. 348 could equal and possibly exceed the amount of signage proposed for the auto mall marquee. Freeway exposure of the auto mall is limited due to the location of the Temecula Valley Auto Mall (approximately mid-way between Rancho California and Winchester Roads). The marquee will serve to identify the approximate site of the auto mall to passing motorists. 2. The proposed use or action complies with State planning and zoning laws, due to the fact that the proposed use complies with Section 18.27 (Variances) of Ordinance No. 348.The use is expressly authorized in the C-P-S (Scenic Highway Commercial) zone. 3. The proposed use will not be detrimental to the health, safety and welfare of the community. An initial study was conducted for the project and a Negative Declaration with mitigation measures is recommended for the project. In addition, the cumulative impact of individual signage will be mitigated through the utilization of one collective sign for all automobile dealerships. Resos 93-69 3 F. As conditioned pursuant to Section 3, the Variance proposed is compatible with the health, safety and welfare of the community. 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 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 Mu@oz, M4or ATTEST: J e . Greek, City Clerk [SEAL] Resos 93-69 4 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I HEREBY CERTIFY 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 June @k, City Clerk Resos 93-69 5