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