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HomeMy WebLinkAbout91_089 PC Resolution ATTACHMENT I RESOLUTION NO. 91-89 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING VARIANCE NO. 6 TO PERMIT T~NO ADDITIONAL FREE STANDING SIGNS AT THE WINCHESTER SQUARE SHOPPING CENTER LOCATED ON THE NORTHWEST CORNER OF JEFFERSON AVENUE AND OVERLAND DRIVE. WHEREAS, Superior Electrical Advertising, Inc. filed Variance No. 6 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 September 16, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, atthe conclusion of the Commission hearing, the Commission recommended approval of said Variance; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findings. That the Temecula Planning Commission 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 subiect 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. S\STAFFRPT~6.VAR 6 (2) The planning agency finds, in approving projects and taking other actions, including the issuance 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. (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 taking other actions, including the issuance of building permits, pursuant to this title, each of the following: (a) There is reasonable probability that Variance No. 6 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. S\STAFFRPT~6.VAR 7 (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 18.26(e), no Variance may be approved unless the applicant demonstrates the proposed use will not be detrimental to the health safety and welfare of the community, and further, that any Variance approved shall be subject to such conditions as shall be necessary to protect the health, safety and general welfare of the community. E. The Commission in recommending approval of the proposed variance, makes the following findings: a) There are exceptional circumstances applicable to the subject property in that the site encompasses 12 acres, and takes access through three driveways on an urban arterial roadway. b. The variance is necessary for preservation of the applicant's ability to adequately identify the subject 12 acre shopping center, a right which other shopping centers in the City enjoy. c. The granting of the variance will not be detrimental to the public welfare or to adjacent properties in that the signs will not obstruct the line of sight of motorists exiting the driveway and will have an attractive appearance enhanced by substantial landscape planting treatment. d. The granting of the variance will not be contrary to the Southwest Area Plan Scenic Highway Policy in that the freeway oriented sign is substantially shorter than the maximum height permitted by the ordinance. S\STAFFRPT\6.VAR 8 SECTION 2. Environmental Comoliance. Pursuant to Section 15311 of the California Environmental Quality Act, on-site advertising signs are categorically exempt from environmental review. SECTION 3. That the city of Temecula Planning Commission hereby approves Variance No. 6 for two free-standing signs located on the northeast corner of Jefferson Avenue and Overland Drive, based on the above findings. SECTION 4. PASSED, DENIED AND ADOPTED this 16th day of September, 1991. 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 September, 1991 by the following vote of the Commission: AYES: 4 PLANNING COMMISSIONERS NOES: I PLANNING COMMISSIONERS ABSENT: 0 PLANNING COMMISSIONERS S\STAFFRPT~6.VAR 9