HomeMy WebLinkAboutPC Reso No 2010-033RESOLUTION NO. PC- 2010 -33
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING VARIANCE NO. 2010 -02
TO VARY FROM MAXIMUM SIGN AREA PROVISIONS IN
ASSOCIATION WITH ADDITIONAL WALL MOUNTED SIGNAGE FOR
THE PLAZA AT LAKEVIEW PROFESSIONAL OFFICE COMPLEX
WHEREAS, Jack Tine, Sign Methods Inc. (the "Applicant'), filed an application
with the City of Lake Elsinore requesting approval of Variance No. 2010 -02 ( "the
Variance "), to exceed the maximum sign area provisions of the Lake Elsinore Municipal
Code in association with a total of fourteen (14) additional illuminated wall mounted
signs on two separate buildings referred to herein as the "Project; and
WHEREAS, through Variance No. 2010 -02 the Developer requests relief from
maximum sign area provisions in association with the additional signage on two
separate buildings located at 31569 & 31571 Canyon Estates Drive (APN 363- 910 -001,
002 & 003); and
WHEREAS, the Planning Commission of the City of Lake Elsinore has been
delegated with the responsibility of reviewing and approving, conditionally approving, or
denying variances; and
WHEREAS, notice of the Project has been given, and the Planning Commission
has considered evidence presented by the Community Development Department and
other interested parties at a public hearing held with respect to this item on July 6th,
2010.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER
AS FOLLOWS:
SECTION 1. The Planning Commission has considered Variance No. 2010 -02
for the Plaza at Lakeview Sign Area Variance prior to making a decision and has found
it acceptable.
SECTION 2. The Planning Commission has determined that the proposed
Variance is categorically exempt from the California Environmental Quality Act (Public
Resources Code §§ 21000 et seq.: "CEQA ") and the Guidelines for Implementation of
CEQA (14 California Code of Regulations §§ 15000 et seq.: "CEQA Guidelines ")
pursuant to a Class 11 categorical exemption. A Class 11 exemption exists for:
"Construction or replacement of minor structures accessory to (appurtenant to)
existing commercial, industrial or institutional facilities, including but not limited
to:
(a) On- premise signs ;"
PLANNING COMMISSION RESOLUTION NO. 2010 -33
PAGE 2OF4
The Variance qualifies for a Class 11 exemption because it involves the construction of
additional on- premise signs that are appurtenant to an existing commercial facility; the
Plaza at Lakeview Professional Offices. Therefore the Planning Commission hereby
finds and determines that the Variance is exempt from CEQA Guidelines.
SECTION 3. That in accordance with the City of Lake Elsinore Municipal Code,
the Planning Commission makes the following findings for the approval of Variance No.
2010 -02:
1. Adequate conditions and safeguards pursuant to LEMC 17.172.050 have
been incorporated into the approval of the variance to ensure development of the
property in accord with the objectives of the General Plan and the purpose of the
planning district in which the site is located.
The proposed Variance to deviate from maximum sign area provisions complies with
the General Plan and Lake Elsinore Municipal Code in that the approval of this sign
area increase will assist in achieving the development of a well - balanced and
functional mix of land uses as well as encourage commercial land uses to diversify
Lake Elsinore's economic base. Adequate conditions and safeguards, pursuant to
Section 17.172.050, have been incorporated into the approval of the variance so as
to ensure that the signage will not create adverse impacts on surrounding properties.
2. There are special circumstances, pursuant to the purpose of this chapter,
applicable to the subject property which do not apply generally to other properties in the
neighborhood, and, therefore, granting of the variance shall not constitute a grant of
special privilege inconsistent with the limitations upon other properties in the vicinity and
district in which the subject property is located.
Special circumstances exist on the property given that the placement of the two
existing office buildings onsite results in each building not being able to utilize a
fourth building frontage to achieve additional signage needed to advertise a
multitude of tenants with the buildings. These special circumstances do not occur on
other properties in the vicinity. Based on these conditions, the variance to exceed
maximum sign area provisions will not constitute a grant of special privileges. In
addition, the signage will not result in adverse impacts to adjacent properties.
3. In approving the variance, any reductions authorized from the strict
interpretation of the zoning ordinance represents the minimum deviation from this code
necessary to fulfill the purpose of this chapter and enable reasonable development of
the property.
In granting a maximum sign area increase, the City has determined that the request
for a variance will represent the minimum deviation from the Code necessary to fulfill
the purpose of this Chapter while enabling the office buildings to be sufficiently
utilized for leasing purposes.
PLANNING COMMISSION RESOLUTION NO. 2010-33
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SECTION 4. Based upon the evidence presented, the above findings, and the
Conditions of Approval attached to the resolution approving the Variance, the Planning
Commission hereby approves Variance No. 2010 -02.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 6th day of July, 2010.
airman Gonzales
ity of Lake Elsinore
ATTEST:
Robert A. Brady
City Manager
PLANNING COMMISSION RESOLUTION NO. 2010-33
PAGE 4 OF 4
STATE OF CALIFOIA
COUNTY OF RIVERSRNIDE SS
CITY OF LAKE ELSINORE
I, ROBERT A. BRADY, City Manager of the City of Lake Elsinore, California,
hereby certify that Resolution No. PC - 2010 -33 was a the Planning Commission of the
City of Lake Elsinore at a regular meeting held on the 6th day of July 2010, and that the
same was adopted by the following vote:
AYES: CHAIRMAN GONZALES, VICE- CHAIRMAN MENDOZA, COMMISSIONER
JORDAN, COMMISSIONER MORSCH, COMMISSIONER O'NEAL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Robert A. Brady
City Manager
CONDITIONS OF APPROVAL
FOR VARIANCE 2010 -02
PLAZA AT LAKEVIEW
ADDITIONAL WALL MOUNTED SIGNAGE
PLANNING DIVISION
GENERAL CONDITIONS
The applicant shall defend (with counsel acceptable to the City), indemnify, and
hold harmless the City, its Officials, Officers, Employees, and Agents from any
claim, action, or proceeding against the City, its Officials, Officers, Employees or
Agents to attack, set aside, void, or annul an approval of the City, its advisory
agencies, appeal boards, or legislative body concerning Variance 2010 -02 located
at 31569 & 31571 Canyon Estates Drive (APN: 363 - 910 -01, 002 & 003).
2. The applicant shall submit a check in the amount of $64.00 made payable to the
County of Riverside for a Notice of Exemption. The check shall be submitted to the
Planning Division for processing within 48 hours of the project approval.
3. Any violation or noncompliance with the Conditions of Approval shall be cause for
the revocation of this Variance.
4. The applicant shall sign an "Acknowledgement of Conditions" statement and
submit it to the Planning Department prior to the issuance of any permit.
5. The applicant shall comply with all applicable City codes and ordinances.
VARIANCE
6. Any alteration or expansion of a project for which this Variance was approved shall
comply with all current Code provisions and regulations. An application for
modification or other change in the conditions of approval of the Variance shall be
reviewed according to the provisions of this Chapter in a similar manner as a new
application.
Sign permits and associated processing fees shall be submitted to the Community
Development Department for review and approval.
8. Pursuant to Section 17.172.080 of the Lake Elsinore Municipal Code, Variance No.
2010 -02 shall lapse and become void one (1) year following the date on which the
Variance became effective unless prior to the expiration of one (1) year, a Sign
Permit related to the variance is issued.
Page 1 of 2
Planning Commission Approved
July 6, 2010
CONDITIONS OF APPROVAL
FOR VARIANCE 2010 -02
PLAZA AT LAKEVIEW
ADDITIONALWALL MOUNTED SIGNAGE
9. Notwithstanding conditions to the contrary, the Variance granted herein pursuant to
the provisions of this section shall run with the land and shall continue to be valid
upon a change of ownership of the parcels which were the subject of the Variance
application.
Page 2 of 2
Planning Commission Approved
July 6, 2010