HomeMy WebLinkAbout92_026 PC ResolutionRESOLUTION NO. 92-026
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA DENYING VARIANCE NO. 11
TO GRANT A RELIEF FROM SECTION 18.12.b.l.b OF
ORDINANCE 348 WHICH REQUIRES ALL PARKING
LOTS TO BE PAVED; LOCATED ON THE SOUTH SIDE OF
MAIN STREET, 70 FEET WEST OF MERCEDES STREET
AND KNOWN AS ASSESSOR'S PARCEL NO. 922-044-022.
WHEREAS, To-Mac Engineering filed Variance No. 11 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 heating pertaining to said
Variance on May 18, 1992, 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:
A. Pursuant to Govemment 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
plan.
B. The Riverside County General Plan, as amended by the Southwest Area Community
Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecuta 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.
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C. Pursuant to Section 18.27(a), no variance may be approved unless the following
finding can be made:
1. 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.
D. The Planning Commission, in denying the proposed Variance, makes the following
findings, to wit:
1. There are no special circumstances that apply to this parcel including size,
shape, topography, location or surroundings that would deprive this property of privileges enjoyed
by other properties in the vicinity that is under the same zoning classification.
Economic hardship is not acceptable as a special circumstance in granting
variances.
3. Approval of a Variance will constitute a grant of special privileges
inconsistent with the limitations upon other properties in the vicinity and zone in which the property
is situated.
4. Plot Plan No. 10605, Amendment No. 1 was approved with a condition to
pave the parking lot.
5. The City of Temecula has not approved a gravel parking lot for any project
and approving this variance could set a precedent in reviewing future projects.
6. The granting of the Variance will probably be inconsistent with the future
General Plan in that it will not set policy guidelines that will allow gravel parking lots.
E. Pursuant to SECTION E, the Variance proposed does not conform to the logical
development of its proposed site, and may not be compatible with the present and future
development of the surrounding property.
Section II. F. nvironmental Compliance This project has been recommended for denial,
therefore, no environmemal determination has been made.
Section III. Conditinn~. That the City of Temecula Planning Commission hereby denies
Variance No. 11 to permit a gravel parking lot located on the south side of Main Street, 70 feet west
of Mercedes Street, therefore no conditions of approval are proposed for this project.
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PASSED, DENIED AND ADOPTED this 18th day of May 1992
Gary Thofifffill, Planmng D~rector
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 May,
1992 by the following vote of the Commission:
AYES:
4 PLANNING COMMISSIONERS: Blair, Fahey, Ford, and Hoagland
NOES:
0 PLANNING COMMISSIONERS: None
ABSENT: 1 PLANNING COMMISSIONERS: Chiniaeff
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