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HomeMy WebLinkAboutItem No. 1CITY OF LADE fJLS11J0R,,E DREAM EXTREME REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROBERT A. BRADY, CITY MANAGER DATE: APRIL 19, 2011 SUBJECT: VARIANCE NO. 2011 -01; A REQUEST FOR A VARIANCE TO DEVIATE FROM THE LAKE ELSINORE MUNICIPAL CODE AND THE CANYON CREEK "SUMMERHILL" COMMERCIAL CENTER SIGN PROGRAM, RELATED TO THE MAXIMUM SIGN HEIGHT FOR THE EXISTING HOLIDAY INN EXPRESS HOTEL FACILITY, LOCATED AT 31577 CANYON ESTATES DRIVE APPLICANT: SACHIN TRIVEDI / LEAHIGH L.P. 31573 CANYON ESTATES DRIVE LAKE ELSINORE, CA 92530 OWNER: SAME PROJECT REQUEST The applicant is requesting a Variance to deviate from the Lake Elsinore Municipal Code and the approved Canyon Creek "Summerhill" commercial centersign program to allow an increase in the allowed maximum height of six feet (6). The applicant is requesting a maximum height of fifteen feet (15') in orderto obtain visibility from Canyon Estates Drive. Review is pursuant to the Canyon Creek "Summerhill" commercial center sign program, Chapter 17.172 (Variances) and Chapter 17.196 (Signs- Advertising Structures) of the Lake Elsinore Municipal Code. PROJECT LOCATION The project site is located at 31577 Canyon Estates Drive, within the Canyon Creek "Summerhill" Specific Plan. PC April 19, 2011 Item No. 1 Page 1 of 14 Variance No. 2011 -01 April 19, 2011 SETTING ., LOCATO F 3 EXISTI �Z�ONWG £ GENERAL PLAN Project Site Commercial Canyon Creek "Summerhill" Canyon Creek Specific Plan (C -1 /SP "Summerhill" Specific Neighborhood Commercial ) Plan North Vacant Canyon Creek "Summerhill Canyon Creek Specific Plan (C -1 /SP "Summerhill" Specific Neighborhood Commercial ) Plan South Commercial Canyon Creek "Summerhill" Canyon Creek Offices Specific Plan (C -1 /SP "Summerhill" Specific Neighborhood Commercial ) Plan East Medical /Com Canyon Creek "Summerhill" Canyon Creek mercial Specific Plan (C -1 /SP 'Summerhill" Specific Plan offices Neighborhood Commercial EL Commercial Canyon Creek "Summerhill" Canyon Creek Offices Specific Plan (C -1 /SP "Summerhill" Specific Neighborhood Commercial ) I Plan BACKGROUND On February 25, 2010, the City's Code Enforcement Division issued a Notice of Violation to the Holiday Inn Express Hotel related to the recently installed fifteen foot (15') high free standing monument sign. Hotel representatives indicated that the increase in height was required in order for them to obtain the necessary visibility to be viable. On March 8, 2011, a Holiday Inn Express representative submitted the Variance application and necessary processing fee. Community Development Department staff subsequently worked with the representatives to achieve a complete application. PROJECT DESCRIPTION The applicant is requesting a Variance to allow an on -site free standing monument sign to increase the height from six feet (6) to a maximum of fifteen feet (15'), which exceeds the allowable height as recognized by Chapter 17.172 (Variances) of the Lake Elsinore Municipal Code (LEMC). Expressly, Section 17.172.010 (Purpose) states that; The City realizes that under certain circumstances an applicant, while attempting to comply with provisions of the Zoning Ordinance as strictly interpreted, may, because of certain physical conditions related to the site, such as size, shape, dimensions, topography, or unique setting, experience practical difficulties and /or unnecessary physical hardships which are inconsistent with the Ordinance's intended purpose. This Chapter, therefore, PC April 19, 2011 Item No. 1 Page 2 of 14 Variance No. 2011 -01 April 19, 2011 is intended to provide a mechanism whereby the Planning Commission may grant relief from the applicable provisions of the Code. The ability to grant variances shall not, however, extend to use regulations or to public safety regulations because such authority is precluded by other local ordinances or State law. Also, in no case shall cost to the applicant of strict or literal compliance with a regulation be the primary reason for granting of a Variance. The site has a street elevation difference of approximately fifteen feet (15') from Canyon Estates Drive to the northeast side of the project site (where the monument sign is located.) Due to topographical constraints, the applicant is requesting a Variance for an increase in overall sign height. A Variance therefore, is intended to provide a mechanism whereby the Planning Commission may grant relief for the applicable provisions established by the Lake Elsinore Municipal Code and the existing Canyon Creek "Summerhill" Commercial Center sign program. ANALYSIS Lake Elsinore Municipal Code Section 17.172.060 requires that the Planning Commission make the following findings before granting a Variance: The City realizes that under certain circumstances an applicant, while attempting to comply with provisions of the Zoning Ordinance as strictly interpreted, may, because of certain physical conditions related to the site, such as size, shape, dimensions, topography, or unique setting, experience practical difficulties and /or unnecessary physical hardships which are inconsistent with the Ordinance's intended purpose. 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. Staff believes the proposed Variance in order to deviate from maximum sign height provisions complies with the General Plan and is consistent with the intent of 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 PC April 19, 2011 Item No. 1 Page 3 of 14 Variance No. 2011 -01 April 19, 2011 and district in which the subject property is located. The subject property has a unique setting given that the only side from which the Holiday Inn Express is not visibly obstructed is from Canyon Estates Drive. Furthermore, due to the significant elevation difference between Canyon Estates Drive and the existing sign location on 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 allowable 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 the granting of the proposed Variance to deviate from the maximum height permitted for a free standing monument, it would represent a 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. According to the principle set forth in Chapter 17.172.060 of the Lake Elsinore Municipal Code, the Variance request is appropriate. Staff believes that the freestanding monument sign height will not be disruptive to the approved and existing development in or surrounding the commercial site. ENVIRONMENTAL DETERMINATION Staff has determined that the proposed Variance to the Canyon Creek "Summerhill" commercial center sign program and Chapter 17.196 (Signs - Advertising Structures) of the Lake Elsinore Municipal Code is categorically exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 at seq.: "CEQA ") and the Guidelines for Implementation of CEQA (14 California Code of Regulations §§ 15000 at 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 ;" PC April 19, 2011 Item No. 1 Page 4 of 14 Variance No. 2011 -01 April 19, 2011 RECOMMENDATION a. Adopt Resolution No, PC-201 1-_ approving Variance No. 2011 -01 to permit the existing sign to exceed the maximum sign height, based on the Findings, Exhibits, and proposed Conditions of Approval. Prepared By: Approved By: Attachments: Agustin Resendiz, Associate Planner Robert A. Brady, City Managery►(/ 1. Vicinity Map 2. Planning Commission Resolution 3. Planning Commission Conditions of Approval 4. CEQA Notice of Exemption 5. Draft Acknowledgment Conditions of Approval 6. Full Size Plans PC April 19, 2011 Item No. 1 Page 5 of 14 VICINITY MAP PLANNING COMMISSION APRIL 19, 2011 PC April 19, 2011 Item No. 1 Page 6 of 14 RESOLUTION NO. PC -2011- 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 EXPIRES 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 (16) 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 of seq.: "CEQA ") and the Guidelines for Implementation of CEQA (14 California Code of Regulations §§ 15000 of 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 ;" PC April 19, 2011 Item No. 1 Page 7 of 14 PLANNING COMMISSION RESOLUTION NO. 2011 PAGE 2OF4 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. PC April 19, 2011 Item No. 1 Page 8 of 14 PLANNING COMMISSION RESOLUTION NO. 2011- PAGE 3 OF 4 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. John Gonzales, Chairman City of Lake Elsinore ATTEST: Robert A. Brady, City Manager PC April 19, 2011 Item No. 1 Page 9 of 14 PLANNING COMMISSION RESOLUTION NO. 2011 PAGE 4OF4 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-_ 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: NOES: ABSENT: ABSTAIN: Robert A. Brady, City Manager PC April 19, 2011 Item No. 1 Page 10 of 14 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 shopping center 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. PC April 19, 2011 Item No. 1 Page 11 of 14 CONDITIONS OF APPROVAL FOR VARIANCE 2011 -01 BUILDING AND SAFETY DIVISION 11. The applicant shall obtain a building permit. PC April 19, 2011 Item No. 1 Page 12 of 14 CITY OF �� LADE LSII`IOR DREAM EXTREME. Notice of Exemption Filed With: ❑ Office of Planning and Research ❑x County Clerk of Riverside Cotmty 1400 Tenth Street, Room 121 2724 Gateway Drive Sacramento, CA 95814 Riverside, CA 92507 Project Title: Variance No. 2011 -01 Project Location (Specific): The proposed project is located at 31573 Canyon Estates Drive (APN: 363 - 670 -016). More specifically, the property is located within the Canyon Creek "Summerhill" Specific Plan. Project Location (City): City of Lake Elsinore Project Location (County): Riverside County Description of Nature, Purpose, and Beneficiaries of Project: The applicant is proposing to deviate from the Lake Elsinore Municipal Code maximum sign height provisions in association with a free standing monument sign located at the northeast end of the existing Holiday Inn Express project site. Name of Public Agency Approving Project: City of Lake Elsinore Name of Person / Agency Administrating Project: Agustin Resendiz, Associate Planner, City of Lake Elsinore Exempt Status: ❑ Ministerial (Section 15073) • Declared Emergency (Section 15071 (a)) • Emergency Project (Section 15071 (b) and (c)) 21 Categorical Exemption (state type and section number): Article 19 Categorical Exemptions Section 15311, Class 11 Accessory Structures Reasons why project is exempt- Construction of minor structure accessory to existing commercial facilities including on- premise signs. Contact Person: Agustin Resendiz, Associate Planner Telephone Number.. (951)674-3124x232 Signed: Title: City Manager Robert A. Brady PC April 19, 2011 Item No. 1 Page 13 of 14 CITY OF L 06! LSIIYORE ?` DREAM EXTREME. ACKNOWLEDGMENT OF "DRAFT" CONDITIONS OF APPROVAL Subject: VARIANCE NO. 2011 -01 TO DEVIATE FROM THE LAKE ELSINORE MUNICIPAL CODE MAXIMUM SIGN HEIGHT PROVISIONS IN ASSOCIATION WITH A FREE STANDING MONUMENT SIGN LOCATED AT THE NORTHEAST END OF THE EXISTING HOLIDAY INN EXPRESS PROJECT SITE. I hereby state that I have read and acknowledge the Draft Conditions of Approval and do hereby agree to accept and abide by all final Conditions that will be approved by the Planning Commission /City Council. I also understand that all Conditions shall be met prior to issuance of permits or prior to the first Certificate of Occupancy, or as otherwise indicated in the Conditions. *The decision of the Planning Commission of the City of Lake Elsinore shall be final fifteen (15) days from the date of the decision, unless an appeal has been filed with the City Council of the City of Lake Elsinore pursuant to the provisions of Chapter 17.180 of the Lake Elsinore Municipal Code (LEMC). Date: Applicant's Signature: Print Name: S C v t= &(1" Address: �,[ f 3 CAiL� Phone Number: qS(- 2D3 — ?62 y, FfT14 TFr off° PC April 19, 2011 Item No. 1 Page 14 of 14