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HomeMy WebLinkAboutPC Reso No 2011-08RESOLUTION NO. PC -2011 -08 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING VARIANCE NO. 2011 -01 TO VARY FROM MAXIMUM SIGN HEIGHT PROVISIONS IN ASSOCIATION WITH A FREE MONUMENT STANDING SIGN FOR THE HOLIDAY INN EXPRES HOTEL. WHEREAS, the Holiday Inn Express Hotel, (Sachin Trivedi), filed an application with the City of Lake Elsinore requesting approval of Variance No. 2011 -01, to exceed the maximum sign height provisions of the Lake Elsinore Municipal Code in association with a fifteen -foot (15) high free standing monument sign; and WHEREAS, through Variance No. 2011 -01 the Developer requests relief from maximum sign height provisions in association with the free standing monument sign located on the northeast corner of the Holiday Inn Express project site; 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 April 19, 2011. 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. 2011 -01 for the Holiday Inn Express sign height 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. 2011 -08 PAGE 2 OF 4 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. 2011 -01: 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 the maximum sign height complies with the General Plan and the Lake Elsinore Municipal Code in that the approval of this sign height 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. The subject property has a unique setting given that currently the only side from which the Holiday Inn Express is not obstructed is Canyon Estates Drive. Furthermore, due to the significant elevation between the Canyon Estates Drive and the existing sign elevation of the project site; a sign visibility constraint currently exists. These conditions do not occur on other properties in the vicinity. Based on these conditions, staff does not believe that the Variance request to exceed the overall maximum sign height will 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. Staff believes that in granting a Variance for a maximum sign height will represent the minimum deviation from the Lake Elsinore Municipal Code necessary to fulfill the purpose of the Code; while enabling the sign to be sufficiently visible from Canyon Estates Drive. PLANNING COMMISSION RESOLUTION NO. 2011-08 PAGE 3OF4 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. 2011 -01. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 19th day of April, 2011. hn Gonzales, Chair an City of Lake Elsinor ATTEST: / vl lert A. Brad16 Manager PLANNING COMMISSION RESOLUTION NO. 2011-08 PAGE 4 OF 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, ROBERT A. BRADY, City Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. PC - 2011 -08 was a the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 19th day of April 2011, and that the same was adopted by the following vote: AYES: CHAIRMAN GONZALES, COMMISSIONER JORDAN, COMMISSIONER MORSCH, COMMISSIONER O'NEAL NOES: NONE ABSENT: COMMISSIONER MENDOZA ABSTAIN: NONE obert A. Brady, ity Manager CONDITIONS OF APPROVAL FOR VARIANCE 2011 -01 PLANNING DIVISION GENERAL CONDITIONS 1. 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 2011 -01 located at 31573 Canyon Estates Drive (APN: 363 - 670 -016). 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 forty -eight (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 Division, prior to the issuance of any permit. 5. The applicant shall comply with all applicable City codes and ordinances. 6. Materials and colors depicted on the plans shall be used unless modified by the Community Development Director or designee. Said materials shall match the existing Holiday Inn Express Hotel relative to color, material and texture. 7. 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. 8. Sign permits and associated processing fees shall be submitted to the Community Development Department for review and approval. 9. Pursuant to Section 17.172.080 of the Lake Elsinore Municipal Code, Variance No. 2011 -01 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. 10. 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. CONDITIONS OF APPROVAL FOR VARIANCE 2011 -01 BUILDING AND SAFETY DIVISION 11. The applicant shall obtain a building permit.