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HomeMy WebLinkAboutPC Reso No 2012-31RESOLUTION NO. 2012 -31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LAKE ELSINORE AND GENERAL OUTDOOR ADVERTISING WHEREAS, an application has been filed with the City of Lake Elsinore by General Outdoor Advertising for a Development Agreement pursuant to Section 19.12 of the Lake Elsinore Municipal Code ( "LEMC "); and WHEREAS, the proposed Development Agreement will allow the applicant, General Outdoor Advertising, to process a sign permit application in order to install an off -site digital sign ( "Sign ") on a 0.77 -acre site ( "Property ") generally bordered on the north by Interstate 15 and in the general vicinity of East Franklin Street to the south and Rancho Street to the west (APN 377 -330- 011; and WHEREAS, Government Code Section 65867 requires that the Planning Commission review the proposed development agreement and make a recommendation to the City Council regarding whether to approve the amendment and whether the amendment is consistent with the City's general plan; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council pertaining to approval of Development Agreements pursuant to Section 19.12.070 of the LEMC; and WHEREAS, public notice of the Development Agreement 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 September 4, 2012. 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 Development Agreement and finds and determines that the proposed Development Agreement is exempt from the California Environmental Quality Act (Cal. Publ. Res. Code § §21000 et seq., "CEQA ") and the State CEQA Guidelines (14. Cal. Code Regs § §15000 et seq.), specifically pursuant to Section 15332 (Class 32 — In -Fill Development Projects) because the Planning Commission finds that the Sign on the Property is consistent with the applicable General Plan designation and policies, as well as zoning designation and regulations, the Sign PLANNING COMMISSION RESOLUTION NO. 2012 -31 PAGE 2 OF 4 and the Property is within the City's boundaries and on a site less than five acres surrounded by urban uses — most notably Interstate 15, the Property has no value as habitat, and approval of the Sign will not result in any significant effects relating to traffic, noise, air quality, or water quality and the Sign is adequately served by all required utilities and public services. SECTION 2. That in accordance with Government Code Section 65864- 65869.5 and requirements of the City of Lake Elsinore Municipal Code, the Planning Commission makes the following findings recommending to the City Council approval of the Development Agreement: 1. The proposed Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan. The Development Agreement is consistent with the project site's "General Commercial" land use designation and with Goal 4 of the Ballpark District Plan of the General Plan in that the proposed Development Agreement will assist in achieving the City's goal to "Promote the stadium, "Dream Extreme "sports activities and other recreational opportunities': 2. The proposed Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. The property that is subject to the proposed Development Agreement is zoned C -2 (General Commercial) and is property to the south and west. Interstate 15 is located immediately north and east of the property. The use of the subject property for an off -site sign is compatible with these zoning classifications. 3. The proposed Development Agreement conforms to the public convenience and general welfare and reflects good land use practices. The proposed Development Agreement conforms to the public convenience and general welfare because the Agreement guarantees at no cost to the City, the opportunity for the City to place civic public service messages, including those sponsored by non - profit organizations, on the Sign. 4. The proposed Development Agreement will not be detrimental to the health, safety and general welfare of the community. The proposed Development Agreement will not be detrimental to the health, safety and general welfare of the community because the Agreement includes the provision that General Outdoor Advertising commits itself and any successors and assigns to a requirement that any advertising displayed on the Sign shall not contain any advertising for PLANNING COMMISSION RESOLUTION NO. 2012-31 PAGE 3OF4 adult entertainment - related uses, alcohol or tobacco products of any type, gambling or gambling services, or any political messages or advertising. 5. The proposed Development Agreement is consistent with the provisions of Government Code Sections 65864 through 65869.5. The form and content of the proposed Development Agreement is consistent with the requirements of the Government Code. SECTION 3. Based upon the evidence presented, both written and testimonial, and the above findings, the Planning Commission hereby recommends approval of the proposed Development Agreement by and between the City of Lake Elsinore by General Outdoor Advertising. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 4th day of September, 2012. X�� 01'�4 Rick Morsch, Chairman City of Lake Elsinore TEST: arren Morelion, AICP Acting Community Development Director PLANNING COMMISSION RESOLUTION NO. 2012-31 PAGE 4 OF 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, WARREN MORELION, Acting Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No. 2012 -31 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 4th day of September 2012, and that the same was adopted by the following vote: AYES: CHAIRMAN MORSCH, VICE CHAIRMAN O'NEAL, COMMISSIONER GRAY, COMMISSIONER JORDAN NOES: COMMISSIONER BLAKE ABSENT: NONE ABSTAIN: NONE Warren Morelion, AICP Acting Community Development Director