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HomeMy WebLinkAboutItem No. 5CITY OF �, LADE LSIIYOR E DREAM EXTREME. REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROBERT A. BRADY, CITY MANAGER DATE: JULY 6, 2010 SUBJECT: VARIANCE NO. 2010 -02 & UNIFORM SIGN PROGRAM AMENDMENT NO. 2010 -02 TO DEVIATE FROM THE LAKE ELSINORE MUNICIPAL CODE MAXIMUM SIGN AREA PROVISIONS AND TO AMEND A PREVIOUSLY APPROVED UNIFORM SIGN PROGRAM (USP 2007 -10) ON PROPERTY LOCATED AT 31569 & 31571 CANYON ESTATES DRIVE (APN: 363- 910 -001, 002 & 003). APPLICANT: JACK TINE, SIGN METHODS INC., 1749 E. 28 STREET, SIGNAL HILL, CA 90755 OWNER: KIPP DUBBS, LAKE ELSINORE MEDICAL CAMPUS LLC, 31569- 31571, CANYON ESTATES DRIVE, 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 proposed additional wall mounted signage and to amend a previously approved Uniform Sign Program to reflect the additional signage at the existing Plaza at Lakeview professional office complex. Project review is pursuant to Chapters 17.196 (Signs- Advertising Structures) and 17.122 (Variances) of the Lake Elsinore Municipal Code (LEMC). SETTING L ! EXISTING ZONING' GENER1AL PLAN ,r Project Site Commercial/ Canyon Creek "Summerhill" Canyon Creek PC July 6, 2010 Item No. 5 Page 1 of 19 Variance No. 2010 -02 & Uniform Sign Program Amendment 2010 -02 July 6, 2010 Page 2 of 5 BACKGROUND On May 6, 2008, the Planning Commission approved Uniform Sign Program No. 2007 -10 to allow both wall mounted and freestanding signage in association with two buildings within the Plaza at Lakeview professional office complex. The subject property is located at 31569 & 31571 Canyon Estates Drive. The applicant is now requesting a Variance to deviate from maximum sign area provisions and a Uniform Sign Program Amendment to add seven (7) additional wall mounted signs on each building. PROJECT DESCRIPTION Variance The subject property is currently developed with two abutting separate buildings. The western building serves as a professional office building and the eastern building serves as medical offices. A condominium map has been approved on both buildings creating 142 office condominium units divisible to as little as 400 square feet between both buildings. The two buildings vary in size with the western "professional building" being slightly larger than the eastern "medical building ". The two buildings are separated by an interior corridor. Therefore, each building only has three elevations serving as building frontages which qualify for wall mounted signage. The Planning Commission previously approved a total of nine (9) wall mounted signs on each of the buildings qualifying business frontages in association with Uniform Sign Program No. 2007 -10. The applicant is now requesting to install an additional seven (7) wall mounted secondary tenant identification signs each with an area of twenty -four square feet on each of the buildings for a total of sixteen (16) signs. The applicant indicates that the additional signage is necessary given that smaller leasable spaces are currently being demanded by tenants resulting in an increase in building tenants that were not anticipated at the time the original uniform sign program was processed. The proposed signage, added with the previously approved signage, would result in the following sign area totals: PC July 6, 2010 Item No. 5 Page 2 of 19 Medical 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 Hotel /Medical Canyon Creek "Summerhill" Canyon Creek Offices Specific Plan (C -1 /SP "Summerhill" Specific Neighborhood Commercial ) Plan East Residential Canyon Creek 'Su mmerh ill" Canyon Creek Specific Plan R Residential 'Summerhill" Specific Plan West Interstate 15 I BACKGROUND On May 6, 2008, the Planning Commission approved Uniform Sign Program No. 2007 -10 to allow both wall mounted and freestanding signage in association with two buildings within the Plaza at Lakeview professional office complex. The subject property is located at 31569 & 31571 Canyon Estates Drive. The applicant is now requesting a Variance to deviate from maximum sign area provisions and a Uniform Sign Program Amendment to add seven (7) additional wall mounted signs on each building. PROJECT DESCRIPTION Variance The subject property is currently developed with two abutting separate buildings. The western building serves as a professional office building and the eastern building serves as medical offices. A condominium map has been approved on both buildings creating 142 office condominium units divisible to as little as 400 square feet between both buildings. The two buildings vary in size with the western "professional building" being slightly larger than the eastern "medical building ". The two buildings are separated by an interior corridor. Therefore, each building only has three elevations serving as building frontages which qualify for wall mounted signage. The Planning Commission previously approved a total of nine (9) wall mounted signs on each of the buildings qualifying business frontages in association with Uniform Sign Program No. 2007 -10. The applicant is now requesting to install an additional seven (7) wall mounted secondary tenant identification signs each with an area of twenty -four square feet on each of the buildings for a total of sixteen (16) signs. The applicant indicates that the additional signage is necessary given that smaller leasable spaces are currently being demanded by tenants resulting in an increase in building tenants that were not anticipated at the time the original uniform sign program was processed. The proposed signage, added with the previously approved signage, would result in the following sign area totals: PC July 6, 2010 Item No. 5 Page 2 of 19 Variance No. 2010 -02 & Uniform Sign Program Amendment 2010 -02 July 6, 2010 Page 3 of 5 PROFESSIONAL BUILDING WEST Building Frontage Length Total Number of Signs Total Square Feet West 228 Feet 7 222.1 North 75 Feet 4 128 South 75 Feet 5 152 MEDICAL BUILDING EAST Building Frontage Length Total Number of Signs Total Square Feet East 216 Feet 7 222.1 North 75 Feet 4 128 South 75 Feet 5 152 Uniform Sign Program Amendment The applicant's amended uniform sign program document indicates that the proposed signage would be consistent with other signage already permitted on the building in terms of design, colors and illumination. ANALYSIS Variance Lake Elsinore Municipal Code (LEMC) Section 17.196.020 defines Building Frontage as "The lineal extent of a building or unit along either a street or a public parking area serving the business not including loading and service areas." In addition, LEMC Section 17.196.180.0. states 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 in Commercial Zoning Districts. Moreover, Section 17.196.180.C.1 states that building frontages may not be combined to permit a larger sign on any one building frontage. Chapter 17.76 of the Lake Elsinore Municipal Code 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." A Variance therefore, is intended to provide a mechanism whereby the Planning Commission may grant relief from the applicable provision of the Municipal Code. PC July 6, 2010 Item No. 5 Page 3 of 19 Variance No. 2010 -02 & Uniform Sign Program Amendment 2010 -02 July 6, 2010 Page 4 of 5 As indicated in the above table, with the exception of the western business frontage on the professional building, the total wall mounted signage proposed would exceed the maximum sign area allowed on the qualifying business frontages. However, staff believes special circumstances exist on the property given that the placement of the two separate buildings onsite results in each building not being able to take advantage of a fourth building frontage to achieve additional signage. In addition, staff does not believe these special circumstances exist on other commercial properties in the vicinity and thus the variance would not result in a special privilege. Therefore, staff believes the combining of signage and the increased square footage of signs on specific building frontages is appropriate. 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. 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 within the buildings. These special circumstances do not exist on other commercial 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 necessary to fulfill the purpose of this chapter and enable reasonable development of the PC July 6, 2010 Item No. 5 Page 4 of 19 Variance No. 2010 -02 & Uniform Sign Program Amendment 2010 -02 July 6, 2010 Page 5 of 5 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 Code necessary to fulfill the purpose of the Code while enabling the office buildings to be sufficiently utilized for leasing purposes. Uniform Sign Program Amendment Staff has reviewed the proposed Uniform Sign Program Amendment document for the "Plaza at Lakeview" professional office complex and has found that the project complies with all requirements of Chapter 17.94 (Signs - Advertising Structures) of the Lake Elsinore Municipal Code LEMC. Overall staff believes the additional signage will be located on the building elevations so as to compliment the existing approved signage and various architectural elements of the buildings. ENVIRONMENTAL DETERMINATION Staff has determined that the proposed Variance and Uniform Sign Program Amendment are both categorically exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq.: "CEQK) 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 a. 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. b. Adopt Resolution No. PC-201 0- approving Uniform Sign Program Amendment No. 2010 -02 to add a total of fourteen additional illuminated wall mounted signs on two existing buildings, based on the Findings Exhibits and proposed Conditions of Approval. Prepared By: Matthew C. Harris, Senior Planner PC July 6, 2010 Item No. 5 Page 5 of 19 Variance No. 2010 -02 & Uniform Sign Program Amendment 2010 -02 July 6, 2010 Page 6 of 5 Approved By: Robert A. Brady, City Manager 0 Attachments: 1. Vicinity Map 2. Planning Commission Resolutions 3. Planning Commission Conditions of Approval 4. CEQA Notice of Exemption 5. Draft Acknowledgment Conditions of Approval 6. Full Size Plans PC July 6, 2010 Item No. 5 Page 6 of 19 VICINITY MAP PLANNING COMMISSION PC July 6, 2010 Item No. 5 Page 7 of 19 (% '% /' -., r RESOLUTION NO. PC -2010- 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 ;" PC July 6, 2010 Item No. 5 Page 8 of 19 PLANNING COMMISSION RESOLUTION NO. 2010- PAGE 2 OF 4 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. PC July 6, 2010 Item No. 5 Page 9 of 19 PLANNING COMMISSION RESOLUTION NO. 2010- 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. 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. Chairman City of Lake Elsinore ATTEST: Robert A. Brady, City Manager PC July 6, 2010 Item No. 5 Page 10 of 19 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: ABSENT: ABSTAIN: Robert A. Brady, City Manager PC July 6, 2010 Item No. 5 Page 11 of 19 RESOLUTION NO. PC -2010- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING UNIFORM SIGN PROGRAM NO. 2010 -02 TO AMEND A PREVIOUSLY APPROVED UNIFORM SIGN PROGRAM FOR THE EXISTING PLAZA AT LAKEVIEW PROFESSIONAL OFFICE DEVELOPMENT LOCATED AT 31569 & 31571 CANYON ESTATES DRIVE WHEREAS, Jack Tine, Sign Methods Inc., has initiated proceedings for Uniform Sign Program No. 2010 -02 for The Plaza at Lakeview Professional Offices (the "Uniform Sign Program ") in order to amend a previously approved sign program (USP 2007 -10) located at 31569 & 31571 Canyon States Drive (APN: 363- 910 -001, 002 & 003) (the "Project'); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of considering and approving or denying Uniform Sign Programs; and WHEREAS, on July 6, 2010, at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed Uniform Sign Program Amendment prior to rendering its decision and finds that the requirements of Chapter 17.94 of the Lake Elsinore Municipal Code have been satisfied. SECTION 2. The Planning Commission hereby finds and determines that Uniform Sign Program No. 2010 -02 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 ;" The Uniform Sign Program amendment 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 PC July 6, 2010 Item No. 5 Page 12 of 19 PLANNING COMMISSION RESOLUTION NO. 2010 - PAGE2OF4 Planning Commission hereby finds and determines that the Uniform Sign Program Amendment is exempt from CEQA Guidelines. SECTION 3. That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for approval of Uniform Sign Program No. 2010 -02: 1. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. The Uniform Sign Program amendment complies with the goals and objectives of the General Plan, Canyon Creek `Summerhill" Specific Plan and the C -1 1SP Neighborhood Commercial Zoning District in which the Plaza at Lakeview Professional Offices are located. The amendment will assist in achieving the development of a well balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses, thereby diversifying Lake Elsinore's economic base. Moreover, the sign program amendment will facilitate the efficient and orderly use of signs for the purpose of attracting new and returning customers to participating businesses. 2. The project complies with the design directives contained in Section 17.196.180 and all other applicable provisions of the Municipal Code. The Uniform Sign Program amendment for the Plaza at Lakeview Professional Office development is appropriate to the site and surrounding developments in that the additional signage has been designed in consideration of the size and shape of the property, thereby creating interest and varying vistas as a person moves along the street. Further, the additional signage will complement the quality of existing development and will create a visually pleasing, non - detractive relationship between the proposed and existing projects in that the sign designs, colors and materials evidence a concern for quality and originality and compliment the building architecture and existing signage. 3. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. The Uniform Sign Program amendment was reviewed and conditioned by all applicable City departments to ensure that the amendment provisions blend into existing development, create the least amount of disturbance, and do not negatively impact the residents or businesses of Lake Elsinore. The amendment will not result in any significant adverse environmental impacts. 4. Adequate conditions and safeguards pursuant to Lake Elsinore Municipal Code Section 17.196.180.D have been incorporated into the approval of the Conditional Use Permit to insure that the use continues in a manner envisioned by these findings for the term of the use. PC July 6, 2010 Item No. 5 Page 13 of 19 PLANNING COMMISSION RESOLUTION NO. 2010- PAGE 3 OF 4 Pursuant to Lake Elsinore Municipal Code Section 17.196.180.D, the uniform sign program amendment has been scheduled for consideration and approval of the Planning Commission at the regularly scheduled meeting on July 6, 2010. SECTION 4. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby approves Uniform Sign Program No. 2010 -02. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Lake Elsinore, California, this 6th day of July, 2010. Chairman City of Lake Elsinore ATTEST: Robert A. Brady City Manager PC July 6, 2010 Item No. 5 Page 14 of 19 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 for the City of Lake Elsinore, California, hereby certify that Resolution No. PC- 2010 -_ was adopted by 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: ABSENT: ABSTAIN: Robert A. Brady City Manager PC July 6, 2010 Item No. 5 Page 15 of 19 CONDITIONS OF APPROVAL FOR VARIANCE 2010 -02 PLAZA AT LAKEVIEW ADDITIONALWALL 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. 7. 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. 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. 5 Page 16 of 19 CONDITIONS OF APPROVAL UNIFORM SIGN PROGRAM NO. 2010 -02 PLAZA AT LAKEVIEW AMENDMENT TO ALLOW ADDITIONAL WALL MOUNTED SIGNAGE GENERAL 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 the environmental documentation, or Uniform Sign Program No. 2010 -02. UNIFORM SIGN PROGRAM NO. 2010 -01 2. The decision of the Commission shall be final fifteen (15) days from the date of the decision unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.180. 3. Prior to issuance of any sign permit the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 4. The applicant shall apply for a sign permit and pay appropriate fees for all signs installed at the project site. 5. The location, size, style, and color for all signs shall comply with the Sign Program (Approved herein). Any additions or revisions to the approved Sign Program shall require Planning Commission review and approval. 6. The approval for Uniform Sign Program No 2010 -02 will lapse and be void unless sign permits are issued within two (2) years. 7. Any alteration or expansion of this Sign Program approval shall be reviewed according to the provisions of Chapter 17.94 (Signs- Advertising Structures) of the Lake Elsinore Municipal Code and the Canyon Creek "Summerhill" Specific Plan. 8. Prior to issuance of sign permits, the applicant shall provide materials indicating appropriate referencing between the Uniform Sign Program and the existing Covenants Conditions and Restrictions (CC &R's) for the subject condominium complex. Said materials shall be reviewed and approved by the Community Development Department. Page 1 of 1 PC July 6, 2010 Item No. 5 Page 17 of 19 CITY OF LADE LSIIYOIZ,E DREAM E,XTREMEn Filed With: ❑ Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 Notice of Exemption ❑O County Clerk of Riverside County 2724 Gateway Drive Riverside, CA 92507 Project Title: Variance No. 2010 -02 & Uniform Sign Program Amendment No. 2010 -02 (Plaza at Lakeview) Project Location (Specific): The proposed project is located at 31569 & 31571 Canyon Estates Drive (APN: 363 - 910- 001,002 & 003). 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 and to amend a previously approved Uniform Sign Program in association with two professional office buildings. 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)) • 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: Matthew C. Harris, Senior Planner Telephone Number. (951)674-3124x279 Signed: Matthew C. Harris Title: Senior Planner PC July 6, 2010 Item No. 5 Page 18 of 19 CITY OF LAKE � , LSMOIZE DREAM EXTREME, ACKNOWLEDGMENT OF "DRAFT" CONDITIONS OF APPROVAL Subject: VARIANCE NO. 2010 -02 AND UNIFORM SIGN PROGRAM AMENDMENT NO. 2010 -02 TO DEVIATE FROM THE LAKE ELSINORE MUNICIPAL CODE MAXIMUM SIGN AREA PROVISIONS AND TO AMEND A PREVIOULSY APPROVED UNIFORM SIGN PROGRAM ON PROPERTY LOCATED AT 31569 & 31571 CANYON ESTATES DRIVE (APN: 363- 910 -001, 002 & 003) 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 17.80 of the Lake Elsinore Municipal Code (LEMC). Date: �� �{� 1�� Applicant's Signature: Print Name: ✓'!� / - -! /' Address: C.. Phone Number: