HomeMy WebLinkAbout97_017 PC Resolution .. Iy . • �D l -G
PC RESOLUTION NO. 97-017
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING A VARIANCE TO
PERMIT THE CONSTRUCTION OF A MONUMENT SIGN
AT NINE (9) FEET WHICH EXCEEDS THE PERMITTED
HEIGHT OF SIX (6) FEET (PLANNING APPLICATION NO.
PA97-0266)
THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS,
WHEREAS, the Planning Commission held a noticed public hearing on August 18, 1997,
on the issue of recommending approval or denial of this amendment.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
TEMECULA DOES FIND AS FOLLOWS:
Section 1. That in adoption of this Resolution approving this project, the Planning
Commission hereby makes the following findings:
A. That there are practical difficulties or unnecessary hardships created by strict
application of the Code due to physical circumstances and characteristics of the property that are not
shared by other properties in the zone.
B. The circumstances and characteristics for the variance were not created by the
applicant.
C. The Variance does not grant special privileges which are not otherwise available to
surrounding properties and will not be detrimental to the public welfare or to the property of other
persons located in the vicinity.
D. The Variance places suitable conditions on the property to protect surrounding
properties.
E. The Variance does not permit uses which are not otherwise allowed in the zone.
Section 2. This project is exempt from California Environmental Quality Act, pursuant
to Section 15061(b)(3) of the CEQA Guidelines. This section of the CEQA Guidelines indicates
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. It also states, where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, the activity is not subject
to CEQA. This project complies with the requirements for this section as there is no possibility
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that the adoption of this amendment may have a significant effect on the environment.
Section 3. That the Planning Commission by adopting this Resolution approves
Planning Application No. PA 97-0266.
Section 4. The Secretary of the Planning Commission shall cause this Resolution to be
transmitted to the City Council for further proceedings in accordance with State law.
Section 5. PASSED, APPROVED AND ADOPTED this 18th of August, 1997.
t
Linda Fahey, Chairman
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 18th day of August,
1997, by the following vote of the Commission:
AYES: 3 PLANNING COMMISSIONERS: GUERRIEROM MILLER,
SOLTYSIAK
NOES: 2 PLANNING COMMISSIONERS: FAHEY, SLAVEN
ABSTAIN: 0 PLANNING COMMISSIONERS: NONE
Debbie Ubnoske, Secretary
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ATTACHMENT NO. 1
PC RESOLUTION NO. 97-016
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. 97-0151 (CONDITIONAL USE PERMIT
AND DEVELOPMENT PLAN - AMERICA'S TIRE) TO
CONSTRUCT AND OPERATE A 79040 SQUARE FOOT
BUILDING ON 0.84 ACRES, LOCATED APPROXIMATELY
ONE THOUSAND (1,000) FEET NORTHEAST OF THE
INTERSECTION OF WINCHESTER AND YNEZ ROADS
AND KNOWN AS ASSESSOR'S PARCEL NO. 910-290-001
WHEREAS, America's Tire filed Planning Application No. 97-0151 (for Conditional Use
Permit [CUP]) in accordance with the City of Temecula General Plan and Development Code;
WHEREAS, Planning Application No. 97-0151 (Conditional Use Permit) was processed
in the time and manner prescribed by State and local law;
WHEREAS, the Planning Commission considered Planning Application No. 97-0151
(Conditional Use Permit) on July 21, 1997, at a duly noticed public hearing as prescribed by law,
at which time interested persons had an opportunity to testify either in support or in opposition;
WHEREAS, at the public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, the Commission considered all facts relating
to Planning Application No. 97-0151 (Conditional Use Permit);
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct.
Section 2. Findings. The Planning Commission, in approving Planning Application No.
97-0151 (Conditional Use Permit) makes the following findings; to wit:
A. The proposed use is in conformance with the General Plan for Temecula and
with all applicable requirements of State law and other Ordinances of the City. The project is
consistent with all City Ordinances including: the City's Development Code, Ordinance No. 655
(Mt. Palomar Lighting Ordinance), and the City's Water Efficient Landscaping provisions.
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B. The overall development of the land is designed for the protection of the
public health, safety and welfare. The project as proposed complies with all City Ordinances and
meets the standards adopted by the City of Temecula designed for the protection of the public
health, safety and welfare.
C. An Initial Study was prepared for the project and it has determined that
although the proposed project could have a significant effect on the environment, these effects are
not considered to be significant due to mitigation measures contained in the project design and in
the Conditions of Approval added to the project.
D. The project will not result in an impact to endangered, threatened or rare
species or their habitats, including but not limited to plants, fish, insects, animals and birds. The
project site has been previously disturbed and graded, and streetscape installed on site. There are
no native species of plants, no unique, rare, threatened or endangered species of plants, no native
vegetation on or adjacent to the site. Further, there is no indication that any wildlife species exist,
or that the site serves as a migration corridor. A DeMinimus impact finding can be made for this
project.
Section 3. Environmental Compliance. An Initial Study was prepared for this project and
indicates that although the proposed project could have a significant impact on the environment,
there will not be a significant effect in this case because the mitigation measures described in the
Conditions of Approval have been added to the project, and a Mitigated Negative Declaration,
therefore, is hereby adopted.
Section 4. Conditions. That the City of Temecula Planning Commission hereby approves
Planning Application No. 97-0151 to construct and operate a total of 7,040 square foot building
for America's Tires on a parcel containing 0.84 acres located on Winchester Road, approximately
one thousand (1,000) feet northeast of the intersection of Winchester and Ynez Roads known as
Assessor's Parcel No. 910-290-001 subject to Exhibit A, attached hereto, and incorporated herein
by this reference and made a part hereof.
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Section 5. PASSED, APPROVED AND ADOPTED this 21st day of July, 1997.
Linda Fahey,-Chairman/
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 21st day of July,
1997 by the following vote of the Commission:
AYES: 3 PLANNING COMMISSIONERS: Guerriero, Miller, Soltysiak
NOES: 0 PLANNING COMMISSIONERS: None
ABSENT: 2 PLANNING COMMISSIONERS: Fahey, Slaven
Debbie Ubnoske, Secretary
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