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Home My WebLink About91_004 PC ResolutionRESOLUTION NO. 91-004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING VARIANCE NO. 3 TO PERMIT A 200 SQUARE FOOT TEMPORARY SUBDIVISION SIGN AT THE NORTHEAST CORNER OF RANCHO CALIFORNIA ROAD AND MARGARITA ROAD. WHEREAS, Buie Corporation filed Variance No. 3 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 January 28, 1990, 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 recommended approval of said Variance; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: RECTION _1_. EJ~. 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 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 the issuance of building permits, each of the following: STAFFRP%VAR3 (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 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. 3 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. STAFFRPT~VAR3 (1) (2) (c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. Pursuant to Section 18.27(a), a variance may be granted because of special circumstances applicable to a parcel of property, including size, shape, topography, location or surroundings; the strict application of this ordinance deprives such property of priviledges enjoyed by other property in the vicinity that is under the same zoning classification. The Planning Commission in approving the proposed Variance, makes the following Findings, to wit: (a) There are exceptional cimumstances applicable to the subject property in that the site encompasses 473 acres and abuts two major roadways, Margarita Road and Rancho California Road, with approximately 2.5 miles of street frontage. A literal interpretation of the code requirement would allow two (2) 100 square feet signs to be constructed on the subject site. The variance requested is to substitute the allowed two (2) 100 square feet signs for one (1) 200 square foot sign. The total approximate square footage for sign area is 76 square feet. However, the sign area incorporated within the architectural sign structure is 200 square feet due to its irregular shape. No other subdivision signs will be erected on site. The proposed sign is a temporary sign and the proposed sign area is for signage at a rate_ of .5 square feet of sign area per acre. (b) The variance is necessary for preservation of the applicant's ability to adequately identify the subject's 473 acre development with minimal signage, a privilege which other residential developers in the City enjoy since the proposed 200 square foot sign is equivalent to the two (2) 100 square foot signs permitted under the Zoning Ordinance. STAFFRP-r~VAR3 (C). The granting of the variance will not be detrimental to public welfare or to adjacent properties in that the sign does not obstruct the line of sight of motorists and will have an attractive appearance enhanced by substantial landscape treatment. (d). The granting of the variance will not be contrary to the Southwest Area Community Plan or Future General Plan when it is adopted in that the sign's size, height, and type of on-site outdoor advertising is minimal for identification for a project of this scale. 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. As conditioned pursuant to SECTION 3, the Variance proposed is compatible with the health, safety and welfare of the community. SECTION 2,. Environmental Compliance. Pursuant to Section 15311 of the California Environmental Quality Act, on- site advertising signs are categorically exempt from environmental review. That the city of Temecula Planning Commission hereby approves Variance No. 3 to permit a 200 square foot temporary subdivision sign located at the northeast corner of Rancho California Road and Margarita Road subject to the following conditions: A. Exhibit A, attached hereto. STAFFRP~VAR3 4 SECTION 4. PASSED, APPROVED AND ADOPTED this 28th day of January 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 28th day of January, 1991 by the following vote of the Council: AYES: 5 NOES: 0 ABSENT: 0 PLANNING COMMISSIONERS PLANNING COMMISSIONERS PLANNING COMMISSIONERS Blair, Fahey, Ford, Hoagland, and Chairman Chiniaeff None None STAFFRP'~VAR3 CITY OF TEMECULA EXHIBIT A CONDITIONS OF APPROVAL VARIANCE NO. 3 Council Approval Date: Expiration Date: 1. The applicant shall submit a Plot Plan application for approval of the temporary subdivision sign. 2. The appearance and location of the Temporary Subdivison sign shall conform substantially with that shown in Exhibits A,B,C, and D. 3. The applicant shall submit a substantial landscape planting plan surrounding the temporary subdivision sign prior to issuance of a building permit. The landscaping improvements shall be installed within 60 days of the approval date or the variance will be subject to revocation. (Amended per Planning Commission January 7, 1991). 4. This approval shall be used within one year of the approval date; otherwise it shall become null and void, and a new application will be required~ 5. The approved temporary subdivision sign and landscaping shall be removed within two (2) years of the approval date and be replaced by permanent landscaping in conformance with the project intersection identification monumentation plan per Specific Plan No. 199 Development Standards. (Amended per Planning Commission January 7, 1991) STAFFRPT~VAR3