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HomeMy WebLinkAboutItem No. 4CITY OF LADE LSIIYOR,E DREAM EXTREME. REPORT TO PLANNING COMMISSION TO: FROM: DATE: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION ROBERT A. BRADY, CITY MANAGER JULY 6, 2010 SUBJECT: VARIANCE NO. 2010 -01 TO DEVIATE FROM THE LAKE ELSINORE MUNICIPAL CODE MAXIMUM SIGN AREA PROVISIONS ON PROPERTY LOCATED AT NORTHWEST CORNER OF CASINO DRIVE AND MALAGA ROAD(APN: 365 -040- 011). APPLICANT: LAKE ELSINORE HOTEL AND CASINO (SAHARA DUNES GAMING) 20930 MALAGA ROAD, LAKE ELSINORE, CA 92530 OWNER: TED KINGSTON, 20930 MALAGA ROAD, LAKE ELSINORE, CA 92530 PROJECT REQUEST The applicant is requesting a Variance to deviate from Lake Elsinore Municipal Code maximum sign area provisions in association with a previously installed freeway oriented wall mounted sign located on the east elevation of an existing vacant building associated with the Lake Elsinore Hotel and Casino complex. Project review is pursuant to Chapters 17.196 (Signs- Advertising Structures) and 17.122 (Variances) of the Lake Elsinore Municipal Code (LEMC). SETTING Project Site I Commercial I Neighborhood Commercial II North I Commercial I General Commercial (C -2) I General Commercial II PC July 6, 2010 Item No. 4 Page 1 of 13 Variance No. 2010 -01 July 6, 2010 Page 2 of 5 South Residential City of Wildomar East 1 -15 Freeway - - West Commercial Neighborhood Commercial C -1 General Commercial BACKGROUND On February 25, 2010, the City's Code Enforcement Division issued a Notice of Violation to the Lake Elsinore Hotel and Casino after it installed a large painted wall mounted freeway oriented sign without a permit. Casino representatives subsequently indicated to Community Development staff that they believed the artwork served as a mural and not a sign and thought it was exempt from permit requirements. Hotel and Casino representatives believe they have received increased patronage subsequent to the sign being displayed. On March 31, 2010, the Community Development Department provided written correspondence to the casino representatives indicating thatthe artworkwas indeed a sign which requires a permit. Moreover, the letter informed the representatives that the sign significantly exceeded the maximum sign area allowed by the Lake Elsinore Municipal Code. The representatives were given the option of 1) completely removing and properly painting over the sign or 2) submitting a variance application requesting to exceed the maximum square footage requirement. On April 15, 2010, casino representatives 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 existing painted wall sign advertises 12 Blackjack" and "Texas Holdem" card games offered at the casino along with the words "Sports Bar", "Happy Hour' and "'Daily Tournaments 24/7 ". Chips and cards are also depicted. A multitude of colors have been incorporated into the sign including red, blue, green black, white and yellow. Casino representative's application materials indicate that the total area of the sign, including the cards and chips, is 1,708 square -feet. When the areas only covering the written portion of the sign are added together, they total 576 square feet. ANALYSIS Lake Elsinore Municipal Code Section 17.196.020 provides the following definition for a sign: PC July 6, 2010 Item No. 4 Page 2 of 13 Variance No. 2010 -01 July 6, 2010 Page 3 of 5 "Sign" means and includes every announcement, declaration, demonstration, display, illumination, insignia, surface or space when erected or maintained in view of the general public for identification, advertisement or promotion of the interests of any business or person. Based on the above definition, staff believes the artwork clearly constitutes a sign which is subject to the applicable sign provisions of Chapter 17.196 of the Lake Elsinore Municipal Code. Lake Elsinore Municipal Code Section 17.196.180.1. allows forwall mounted signs oriented to freeway traffic when the property abuts the freeway, as is the case with this project, subject to the limitations of subsection (C). Subsection C requires that the total sign area permitted per building frontage shall not exceed one square foot per lineal foot of building frontage on which the sign is located. Based on the application materials, the length of the building frontage is 122 feet. Therefore, the Municipal Code allows for a maximum sign area of 122 square feet on the building frontage. As indicated above, the total square footage of the existing sign is 1,708 square feet which is significantly larger than the maximum square footage allowed. Staff has determined that the Lake Elsinore Hotel and Casino property holdings serve as a unique setting in that the property is the only site west of Casino Drive that has an unobstructed view to Interstate 15, which abuts the Interstate and that is entitled to have a freeway oriented sign in accordance with Zoning Ordinance provisions. Moreover, the building elevation on which the sign is located sits back a considerable distance from the I- 15 traffic lanes (approximately 280 -feet to the furthest southbound lanes and 420 -feet to the furthest northbound lanes).Given this unique setting and existing distance constraints, staff believes that a maximum sign area increase is necessary in order for the sign to be legible to passing motorists on the freeway. Staff conferred with sign company representatives who indicated that the industry rule of thumb for sign readability based on distance is 1 -inch of letter height per 10 -feet of distance. Therefore, based on the distances identified above, a minimum 42 -inch tall letter or character height is needed to be readable across all lanes of traffic on the Interstate. The representatives further indicate that when the high rate of speed allowed on Interstate 15 is also taken into account, even larger letters and characters should be utilized. Staff has determined that the largest letter or character heights on the sign are associated with "$2 Blackjack" and measure approximately 74- inches. The remainder of the letters and characters on the sign range in size from approximately 24- inches to 48- inches. Given the existing distance between the sign and freeway and speed conditions, the letter heights appear to be within an appropriate range for legibility purposes. Chapter 17.76 of the Lake Elsinore Municipal Code states that: `The Cityrealizes that undercertain 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, PC July 6, 2010 Item No, 4 Page 3 of 13 Variance No. 2010 -01 July 6, 2010 Page 4 of 5 dimensions, topography, or unique setting, experience practical difficulties and /or unnecessary physical hardships which are inconsistent with the Ordinance's intended purpose." A Variance therefore, is intended to provide a mechanism whereby the Planning Commission may grant relief from the applicable provision of the Municipal Code. LEMC Section 17.172.060 requires that the Planning Commission make the following findings before granting a variance: 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 to deviate from maximum sign area 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 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, pursuantto 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 it is the only site along the west side of Casino Drive that has an unobstructed view of Interstate 15 and that is permitted to have a freeway oriented sign. Moreover, due to the significant distance between the sign and the adjacent 1 -15 Freeway, 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 maximum sign area provisions 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 necessaryto fulfill the purpose of this chapter and enable reasonable development of the property. Staff believes that in granting a maximum sign area increase, the request for a variance will represent the minimum deviation from the Lake Elsinore Municipal PC July 6, 2010 Item No. 4 Page 4 of 13 Variance No. 2010 -01 July 6, 2010 Page 5 of 5 Code necessary to fulfill the purpose of the Code while enabling the sign to be sufficiently legible from Interstate 15 passing motorists. ENVIRONMENTAL DETERMINATION Staff 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 ;" RECOMMENDATION Adopt Resolution No, PC-201 0-_ approving Variance No. 2010 -01 to vary from maximum sign area provisions, based on the Findings, Exhibits, and proposed Conditions of Approval. Prepared By: Matthew C. Harris, tAc Senior Planner �/ Approved By: Robert A. Brady, City Manager){ S Attachments: 1. Vicinity Map 2. Planning Commission Resolution 3. Planning Commission Conditions of Approval 4. CEQA Notice of Exemption 5. Draft Acknowledgment Conditions of Approval (Staff had not received the Acknowledgement as of the drafting of this report) 6. Full Size Plans PC July 6, 2010 Item No. 4 Page 5 of 13 VICINITY MAP PC July 6, 2010 Item No. 4 _ -- —Page 6_oL13_ RESOLUTION NO. PC -2010- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING VARIANCE NO. 2010 -01 TO VARY FROM MAXIMUM SIGN AREA PROVISIONS IN ASSOCIATION WITH A WALL MOUNTED FREEWAY ORIENTED SIGN FOR THE LAKE ELSINORE HOTEL AND CASINO WHEREAS, Lake Elsinore Hotel and Casino, Sahara Dunes Gaming (the "Applicant'), filed an application with the City of Lake Elsinore requesting approval of Variance No. 2010 -01 ( "the Variance "), to exceed the maximum sign area provisions of the Lake Elsinore Municipal Code in association with a 1,708 square -foot wall mounted freeway oriented sign referred to herein as the "Project; and WHEREAS, through Variance No. 2010 -01 the Developer requests relief from maximum sign area provisions in association with the wall mounted sign located on the northwest corner of Casino Drive and Malaga Road; 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 -01 for the Lake Elsinore Casino 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 ;" PC July 6, 2010 Item No. 4 Page 7 of 13 PLANNING COMMISSION RESOLUTION NO. 2010 - PAGE2OF4 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 -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 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. The subject property has a unique setting given that it is the only site along the west side of Casino Drive that has an unobstructed view of Interstate 15 and that is permitted to have a freeway oriented sign. Moreover, due to the significant distance between the sign and the adjacent 1 -15 Freeway, a sign visibility constraint currently exists. These conditions 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 sign to be sufficiently legible from Interstate 15 passing motorists. SECTION 4. Based upon the evidence presented, the Conditions of Approval attached to the resolution approving th e Commission hereby approves Variance No. 2010 -01. above findings, and the Variance, the Planning PC July 6, 2010 Item No. 4 Page 8 of 13 PLANNING COMMISSION RESOLUTION NO. 2010-_ PAGE 3 OF 4 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. Chairman City of Lake Elsinore ATTEST: Robert A. Brady, City Manager PC July 6, 2010 Item No. 4 Page 9 of 13 PLANNING COMMISSION RESOLUTION NO. 2010- 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 - 2010-_ 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: NOES: /_10 iL ABSTAIN: Robert A. Brady, City Manager PC July 6, 2010 Item No. 4 Page 10 of 13 CONDITIONS OF APPROVAL FOR VARIANCE 2010 -01 LAKE ELSINORE HOTEL AND CASINO WALL MOUNTED /FREEWAY ORIENTED SIGN 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 -01 located at the northwest corner of Casino Drive and Malaga Road (APN: 363- 040 -011). 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. 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 sign 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. 7. A sign permit 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 -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. 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 1 of 1 PC July 6, 2010 Item No. 4 Page 11 of 13 C ITY OF ^01—w LADE LSINOR E -� DREAM EXTREME- Filed With: ❑ Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 Project Title: Variance No. 2010 -01 Notice of Exemption ❑x Gc)u my Clerk of Riverside County 2724 GatewayDrive Riverside, CA 92507 Project Location (Specific): The proposed project is located on the northwest corner of Casino Drive and Malaga Road (APN: 365 -040- 011). More specifically, the property is located within the C-1 (Neighborhood Commercial) district. Project Location (City): City of Lake Elsinore Project Location (Count}: Riverside County Description of Nature, Purpose, and Beneficiaries of Project: The applicant is proposing to deviate from the Lake Elsinore Municipal Code maximum sign area provisions in association with a previously installed freeway oriented wall mounted sign located on the east elevation of an existing budding associated with the Lake Elsinore Hotel and Casino complex. Name of Public Agency Approving Project: City of Lake Elsinore Name of Person / Agency Administrating Project: Matthew C. Harris, Senior Planner, City of Lake Elsinore Exempt Status: ❑ Ministerial (Section 15073) ❑ Declared Emergency (Section 15071 (a)) ❑ Emergency Project (Section 15071 (b) and (c)) O Categorical Exemption (state We 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: Matthew C. Harris, Senior Planner Telephone Number. (951) 674 -3124 x 279 Signed: Matthew C. Harris Title: Senior Planner PC July 6, 2010 Item No. 4 Page 12 of 13 PC July 6, 2010 Item No. 4 Page 13 of 13