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HomeMy WebLinkAboutResolution - 13-01 RESOLUTION NO 13-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO, APPROVING SIGN AND FENCE VARIANCE NO. 2-12: FILE INDEX NO. VAR 2-12 WHEREAS, 4 12 Church has filed a Sign and Fence Variance application on December 3, 2012, File No. VAR 2-12 for the purpose of installation of a 5-foot to 7-foot high decorative block wall with a sign and decorative tubular steel fencing at the front property line along Seventh Street; and WHEREAS, on February 12, 2013 the Planning Commission conducted a duly noticed public hearing on the Application at which time all persons wishing to testify in connection with the Application were heard and the Application was fully examined; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO: SECTION 1. Based on the entire record before the Planning Commission and all written and oral evidence presented, including the staff report, the Planning Commission hereby approves Variance 2-12 as depicted in the attached Exhibit A, subject to the conditions of approval. SECTION 2. Based on the entire record before the Planning Commission and all written and oral evidence presented, including the staff report, the Planning Commission makes the following findings in accordance with Article 24, Section 19.04 D of the San Jacinto Zoning Ordinance as follows: A. That the sign or fence has not been illegally erected and the special circumstances are not the result of the actions of the applicant. The applicant proposes to replace an existing 6-foot high chain link fence with 5 to 7-foot high tubular steel fencing and a decorative block wall with a sign at the corner of Seventh St. and Lyon Ave. Because an existing fence is being replaced, a special circumstance was not created as a result of the applicant. B. That the fence and wall will not create a safety problem or hazardous condition. As this fence will be constructed outside the street right-of- way, no safety or hazardous condition will be created because of sight distance issue. The purpose of the fence and wall is to replace an existing chain link fence with a decorative tubular steel fence and a more permanent decorative block wall at the corner to accommodate a wall sign. C. That the strict or literal interpretation of this Article will not deprive the applicant of rights commonly enjoyed by other properties in the immediate area of the site and in the same zone. Similar fences/walls have been approved and installed along Seventh Street within two blocks of this location. Those similarfences/walls along Seventh Street are similar in construction and height. D. That the granting of a sign and fence variance will not confer on the applicant any special privilege that is denied by other properties in the immediate area and in the same zone. Permits have been issued for similar fencing along Seventh Street and no special privilege is being granted by approving this variance. SECTION 3. Based on the entire record before the Planning Commission and all written and oral evidence presented, the Planning Commission finds that the Application complies with CEQA for the following reasons: Section 3.07 of the Local Guidelines for Implementing CEQA exempts activities"where it can be seen with absolute certainty that there is no possibility that the activity in question may have a significant effect on the environment." SECTION 6. The location and custodian of the documents and any other material which constitute the record of proceedings upon which the Planning Commission based its decision is as follows: City of San Jacinto, Planning Department, 595 S. San Jacinto Ave, San Jacinto, California 92583, (909) 487-7330. SECTION 5. Effective Date. This Resolution shall become effective ten (10) days after the date of the decision unless an appeal has been filed. PASSED, APPROVED AND ADOPTED this 12th day of February, 2013. PIS r� g C nissio r C erson ATTEST: J t P'epning Commission Secretary