HomeMy WebLinkAbout91_111 PC Resolution ATTACHMENT NO. 1
RESOLUTION NO. 91-111
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA APPROVING VARIANCE NO. 8 TO CONSTRUCT TWO FREE
STANDING SIGNS LOCATED AT THE MORAGA PLAZA SHOPPING CENTER
ON THE NORTH SIDE OF RANCHO CALIFORNIA ROAD BETWEEN LYNDIE
LANE AND MORAGA ROAD, AND KNOWN AS ASSESSOR'S PARCEL NO.
921-310-019
WHEREAS, Mr. Joel Burnstine filed Variance No. $ 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 conducted a public hearing pertaining to said Variance
on December 16th, 1991, at which time interested persons had opportunity to testify either in support
or opposition to said Variance; and
WHEREAS, the Planning Commission received a copy of the Staff Report regarding the
Variance;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION I. Findings.
That the Temecula Planning Commission hereby makes the following findings:
1. 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:
A. The city is proceeding in a timely fashion with the preparation of the general plan.
B. The planning agency finds, in approving projects and taking other actions, including the
issuance of building permits, each of the following:
(1) 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.
(2) 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.
(3) The proposed use or action complied with all other applicable requirements
of state law and local ordinances.
2. 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.
3. The proposed Variance is consistent with the SWAP and meet the requirements set forth in
Section 65360 of the Government Code, to wit:
A. The City is proceeding in a timely fashion with a preparation of the general plan.
B. The Planning Commission finds, in approving of projects and taking other actions, including
the issuance of building permits, pursuant to this title, each of the following:
(1) There is reasonable probability that Variance No. 8 proposed will be consistent with
the general plan proposal being considered or studied or which will be studied within
a reasonable time.
(2) 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.
(3) The proposed use or action complies with all other applicable requirements of state
law and local ordinances.
4. Pursuant to Sections 18.27(a) and 18.30 (c), no variance may be approved unless the following
findings can be made:
A. Special circumstances exist applicable to a parcel of property, including size, shape,
topography, location or surroundings, whereby the strict application of this ordinance
deprives such property of privileges enjoyed by other property in the vicinity that is under
the same zoning classification.
B. The proposed use must conform to all the General Plan requirements and with all applicable
requirements of state law and City ordinances.
C. 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.
5. The Planning Commission, in approving of the proposed Variance, makes the following findings,
to wit:
A. There are exceptional circumstances applicable to the existing size and configuration of the
subject property. The project site is afforded frontage on 2 streets, Rancho California Road
to the south and Lyndie Lane to the west. By City Ordinance, therefore, the site is allowed
two free-standing signs. However, primary access to, and visibility of the shopping center
site is limited to Rancho California Road. The applicant proposes consolidation of allowed
signage at the project site's Rancho California Road entrance.
B. The granting of this variance is compatible with the general welfare of the public in that
signs proposed will not unduly obstruct motorists vision, nor are signs requested by this
variance visually offensive.
C. The variance proposed allows the applicant to adequately identify the project site in a
manner compatible with the intent of City sign regulations. Signage proposed is consistent
with design and construction types generally endorsed by the City, Signs are to be Iow
monuments, 6 feet or less in height, 50 square feet or less in face area, and constructed
of materials compatible with architectural features of the affected shopping center.
6. As conditioned pursuant to SECTION 3, the Variance proposed conforms to the logical
development of its proposed site, and is compatible with the present and future development of
the surrounding property.
SECTION II. Environmental Compliance.
The project is determined to be exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to section 15311 of said act which addresses construction of minor accessory
structures, including on premises signs.
SECTION II1. Conditions.
That the City of Temecula Planning Commission hereby approves Variance No. 8 to construct two free
standing signs located at the Moraga Plaza Shopping Center on the north side of Rancho California Road
between Lyndie Lane and Moraga Road, and known as Assessor's Parcel No. 921-310-019 subject to
the following conditions:
1. Attachment 2, attached hereto.
S\$TAFFRPT~8.VAR 9
SECTION IV.
PASSED, APPROVED AND ADOPTED this 16th day of December, 1991.
~JOHN E.~
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 16th day of December, 1991 by the following
vote of the Commission:
AYES: 4 PLANNING COMMISSIONERS
NOES: 0 PLANNING COMMISSIONERS
ABSENT: 1 PLANNING COMMISSIONERS
S\STAFFRPT~8. VAR 10