HomeMy WebLinkAbout92-52 CC ResolutionRESOLUTION NO. 92-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING APPEAL NO. 25, VARIANCE
NO. 10, TO INSTALL A 55 FOOT HIGH FREEWAY SIGN
AT AN APPROVED AUTOMOTIVE SERVICE FACILITY
LOCATED AT THE SOUTHERLY TERMINUS OF FRONT
STREET AND HIGHWAY 79 SOUTH, 29115 FRONT
STREET.
~, Lou Kashmere, filed Appeal No. 25 in accordance with the Riverside County
Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by
reference;
WH1ZREAS, 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
June 9, 1992, at which time interested persons had opportunity to testify either in support or
opposition to said Appeal; and
WHEREAS, the City Council received a copy of the Staff Report regarding the Appeal;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section I. Findings.
findings:
That the Temecula City Council hereby makes the following
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:
The city is proceeding in a timely fashion with the preparation of the general
2. The planning agency finds, in approving projects and taking other actions,
including the issuance of building permits, each of the following:
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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 ~SWAPD 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.
to wit:
The City Council in approving the Appeal, makes the following additional findings,
1. Variance No. 10 is consistent with the policy guidelines in Section III 8.f.
of SWAP relative to scenic highway corridors, and the objectives of the City's zoning
ordinance.
2. There are exceptional circumstances applicable to the Appellant's property
at 29115 Front Street (#Property") which justify Variance No. 10. The topography of the
Property and the surrounding area is such that the Property lies approximately 15 feet
below the surrounding properties. As such the Applicant does not enjoy the benefits of
45 foot high signs as otherwise permitted under the zoning ordinance as do other property
owners. These unique circumstances will cause hardship to the Applicant not suffered by
other property owners similarly situated.
3. The granting of Variance No. 10 will not adversely affect the interests of
the public or the interests of other residents and property owners within the vicinity of the
Property and is compatible with the general welfare of the public.
4. The granting of Variance No. 10 does not constitute the granting of a special
privilege inconsistent with the limitations on other nearby properties.
Section II. Conditions. That the City of Temecula City Council hereby approves
Appeal No. 25, and approves Variance No. 10, to install a 55 foot high freeway sign at an
approved automotive service facility located at the southerly terminus of Front Street and Highway
79 South, 29115 Front Street, subject to the following conditions:
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1. The applicant agrees to enter into an agreement stipulating that if at the end
of a two-year period, the City Council does not grant an extension to this variance, the sign
will automatically be reduced to a height of 45 feet at the owner's expense. Said
agreement shall be approved by the City Attorney prior to issuance of any building permits
for the sign in question.
PASSED, APPROVED AND ADOPTED this 9th day of June, 1992.
Patricia H. Birdsall, Mayor
ATTEST:
.
[SEAL[
Resos 92-52 -3-
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA )
I tIEREBY 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 9th day of June, 1992 by the
following vote of the Council:
AYES: 3 COUNCILMEMBERS: Birdsall, Parks, Lindemans,
NOES: 2 COUNCILMEMBERS: Moore, Mufioz
ABSENT: 0 COUNCILMEMBERS: None
Greek,
CITY CLERK
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