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HomeMy WebLinkAbout2012-09-04 PC MinutesCITY OF LAKE ELSINORE PLANNING COMMISSION REGULAR MEETING MINUTES OF SEPTEMBER 4, 2012 CALL TO ORDER Chairman Morsch called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Blake led the Pledge of Allegiance. ROLL CALL Present: Chairman Morsch Vice Chairperson O'Neal Commissioner Blake Commissioner Gray Commissioner Jordan Absent: None Also present: Acting Community Development Director Morelion, Public Works Director Seumalo, Senior Planner MacHott, City Attorney Leibold, and Office Specialist Herrington. PUBLIC COMMENTS — NON AGENDIZED ITEMS — 3 MINUTES Grace Sandlin stated that she is part of the Studio 395 Artist Co -op. She stated that their focus is to enhance the daily life using art. She also stated that in the past she was involved in the revitalization of both the historic downtown Santa Ana, and Pomona artist districts and would like to form an "Arts Task Force' for Lake Elsinore. Their hope is that the Planning Commission evaluates this suggestion which could contribute to the "Dream Extreme" branding that is already in place. Robin Golden stated that she is a local mural artist and is involved in the Studio 395 Artist Co -op. She stated that they would like to bring more public art and art education to the City and would like the Planning Commission to consider designing a Review Board who would be reviewing, and making suggestions for permanent and temporary signage, murals and public art to promote cultural diversity and harmony within the City. CONSENT CALENDAR ITEM(S) None. City of Lake Elsinore Planning Commission Regular Meeting Minutes of September 4, 2012 Page 2 of 10 PUBLIC HEARING ITEM(S) 1. Zoning Ordinance Text Amendment No. 2012 -02 — An Ordinance of the City Council of the City of Lake Elsinore, California. amending Chapter 17.196 (Signs — Advertising Structures) by amending Sections 17.196.020, 17.196.100, 17.196.110, 17.196.160 and adding Section 17.196.165 of the Lake Elsinore Municipal Section 17.196.165 of the Lake Elsinore Municipal Code regarding limited off -site advertising) Recommendation Adopt a resolution recommending to the City Council of the City of Lake Elsinore Approval of Zoning Ordinance Text Amendment No. 2012 -02. Adopt a resolution recommending to the City Council of the City of Lake Elsinore. Senior Planner MacHott presented the staff report. He stated that in addition to the text that is in the staff report, staff is proposing changes to Section 196.165, to add the word "deterioration" to damage or tears to the banners which would require the signs to be repaired or removed immediately, and because both paragraphs P & Q contain the same language, with the exception of one sentence, staff proposes moving the sentence regarding Workers Compensation to the end of Paragraph P and deleting the entire paragraph 1 under O because it repeats what is in paragraph P. Vice Chairman O'Neal asked with regards to the Studio 395 Artist Co -op, whether the community be involved with the art work. Acting Community Development Director Morelion stated that the City normally does not involve the community for banners. Vice Chairman O'Neal stated that in the design review process, there is a need for someone with an artistic eye taking a look at it. Kimberly Ryan, owner of Tulips, Trophies, and Treasures on Main Street, stated her concerns about banners in the City staying in one location for a long time and ending up torn. She stated that she was in the City of Yorba Linda that put up Military banners for people lost in the war and for people serving the Country which is beautiful. Senior Planner MacHott stated that the City's provisions do provide a maximum of 30 days for the banners and they must be removed within 48 hours of the end of the event. Ms. Ryan stated that there are various signs that are up a lot longer than they should be and is afraid that they are going to have torn banners. Vice Chairman O'Neal stated that this should be a Code Enforcement issue. Ms. Ryan requested to be on the Design Review Committee. Chairman Morsch indicated to Ms. Ryan that the Commission has asked staff to put an item on the Agenda regarding a discussion for murals in the City which could include a Committee that reviews art, banners and posters incorporated into the Mural Ordinance. Ms. Ryan stated that their Downtown Merchants Association meets City of Lake Elsinore Planning Commission Regular Meeting Minutes of September 4, 2012 Page 3 of 10 the 3rd the Thursday of the month at 7:30 a.m. at Flour Fusion and the people that are running for City Council will be there at 8:30 a.m. She stated that their vision is to build up downtown Main Street and she does want to see the City grow. Kim Cousins of the Lake Elsinore Chamber of Commerce stated that regarding signage, Lake Elsinore doesn't really have a marketing plan and noted that the City doesn't have a comprehensive newspaper that covers the area. He stated that the Chamber has received many complaints from residents and from the business community that they did not know about main events going on in the City. He stated that he appreciates the City moving forward hanging banners with information regarding major events in the City. He indicated that under Section 17.196 -165 Temporary Street Banners, Light Pole Banners and Flags, Item I, the statement regarding width and height needs to be clarified. He stated that the business community is also concerned about temporary signage and they are looking for relief as it relates to pre- approved definitions for signage size for temporary uses, making it easier for the business owners to get through the approval process. Finally, with regards to fees, he stated that a lot of businesses will find it difficult from a Bond standpoint or even an application standpoint, and requested if the City could waive permit fees. Commissioner Jordan asked how the City came up with a million dollar limit for the insurance liability. Senior Planner MacHott stated that it is the same insurance that the City requires for Special Events and noted that insurance would be covered for whoever is putting up the signs. City Attorney Leibold stated that one million dollar coverage for these kinds of signs for personal injury and property damage is fairly typical and sufficient. Vice Chairman O'Neal stated that he has no problem with this. Commissioner Blake stated that he liked the concept of having banners overhead announcing different events that are going on in the City, and concurs regarding the length of time that the banners will be up. He stated that he was concerned about the $500.00 dollar cash bond. City Attorney Leibold stated that it is deposited as security in the event that the sign doesn't get removed. Acting Community Development Director Morelion clarified that the banners are for community sponsored events or large events and none of the banners are designed for "Mom and Pop" businesses. Commissioner Gray thanked those that spoke about the art and the review committee and indicated that he has confidence that a methodology will enhance the process and make it easier. Chairman Morsch asked if the cash bonds can be held in a joint account with the applicant and the City. City Attorney Leibold stated that she wasn't familiar with that but indicated that it is a security deposit and at the end of the event, the sign is removed. Chairman Morsch asked who is going to own the signs. City City of Lake Elsinore Planning Commission Regular Meeting Minutes of September 4, 2012 Page 4 of 10 Attorney Leibold stated that the City may be a co- sponsor but the event holder would be the owner of the sign and this requires a permit to affix the sign. Senior Planner MacHott stated that some cities do put up and take down the banners and in some cases are the custodial owners of the signs but the City of Lake Elsinore chose not to do that and if this becomes an issue, the City can always amend the Ordinance in the future. Chairman Morsch asked that when the banners or signs are put up, does the City inspect them to make sure that they are properly anchored and put in place. Acting Community Development Director stated that the banner design for major City events would be used year after year and only the date would need to be changed. He also stated that the building inspector would make sure that the installation is done correctly in case there are heavy winds, etc. Chairman Morsch stated that he thinks it would be a good idea that the City have a Design Review Committee who has experience in art to properly advertise an event and participate in that process. Motion by Commissioner Jordan and seconded by Vice Chairman O'Neal to approve Resolution No. 2012 -30, 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 Zoning Ordinance Text Amendment No. 2012 -02 with changes to Items O, P & Q, as defined in the staff report; with the provision for the Design Review Committee to look at the banner designs; and revising Section 17.196.165 Temporary Street Banners, Light Pole Banner and Flags, Section 1, clarifying width and height; Motion passed 5 -0. 2. Development Agreement — General Outdoor Advertising — Development _Agreement by and between the City of Lake Elsinore and General Outdoor Advertising to permit the placement of an off -site sign adjacent to 17.196.100 of the Lake Elsinore Municipal Code Recommendation: Adopt a resolution 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. Planning Consultant MacHott presented the staff report. He stated that the Development Agreement was negotiated with various terms which were not reflected in the staff report at the time of distribution and he noted the change to the Commission regarding the timing of the electronic public service message. (The amendment would be that the City will be entitled to one eight- second public service message on each of the two faces of the sign every ten minutes). City of Lake Elsinore Planning Commission Regular Meeting Minutes of September 4, 2012 Page 5 of 10 Vice Chairman O'Neal asked who pays for the signs electricity. Senior Planner MacHott stated that it would be General Outdoor Advertising. Commission O'Neil stated that the reason he brought this up was that when the sign at the Outlet Center was originally approved, the City was supposed to be advertised, and he hasn't seen any advertisements regarding the City, and the sign has been turned off. City Attorney Leibold stated that it would be appropriate to add a provision that in the event of non -use for a period of time, the sign would need to be repaired and operational within a reasonable period of time, and failure to operate within some period of time, would require the sign to be removed. Vice Chairman O'Neil asked that since it is a Development Agreement between the City and the sign company, why is Storm Stadium involved. City Attorney Leibold stated that the agreement specifically provides for 16 seconds every minute for Storm and Stadium promotion and referred to the Section in the Development Agreement regarding the Covenant Regarding Stadium and Storm Promotion. Commissioner Jordan asked if the agreement is only good for five years. City Attorney Leibold stated that the vested right to build a sign in this location is only good for five years. If the sign company fails to build it within the next five years, they have no rights and then explained the process. Commissioner Blake and Chairman Morsch asked about Franklin being a potential interchange at some time. Chairman Morsch asked if the sign would have to be moved. Public Works Director Seumalo stated that it would depend on where the interchange would be and indicated that the existing overcross for Franklin would stay in place and the interchange will be located 600 to 1000 feet north towards Main Street so if the locations conflict then Caltrans will require the City to move it. Ms. Ryan stated that there was a City Ordinance that business owners were not allowed to put up billboard signs and asked if this is opening up for other people to put up billboard signs. City Attorney Leibold stated that off premise signs (billboards) are prohibited, with the exception of a specific plan, overlay zone, or some other section of the City's Code and as added by the previous agenda item a sign permitted by way of a Development Agreement for a specific project. Ms. Ryan stated that Main Street business owners would like to have a billboard. Kim Cousins asked if the City was going to pursue having an Auto Mall sign located in the space between the Casino sign and the new sign. City Attorney Leibold stated that under the Caltrans mapping, the current location is the only location for it but if it's on the Auto Dealer's property then it is an "on premise' sign with different requirements. City of Lake Elsinore Planning Commission Regular Meeting Minutes of September 4, 2012 Page 6 of 10 Mr. Cousins let the Commission know that the Lake Elsinore Outlet sign is working again. Also, he requested clarification on the gambling and gambling services, specifically on the Lake Elsinore Outlet sign. He indicated that the Lake Elsinore Hotel Casino ad refers to "Black Jack ", etc. He asked if this is considered a gambling message. He requested clarity between the Outlet sign and the new sign. City Attorney Leibold stated that with respect to this sign, if the Commission believes that this is not a benefit and would recommend a change in the modification to the provision; this is a draft for their consideration. With respect to the existing Outlet Center sign, she is not familiar with an agreement relating to that. She stated that this was a voluntary provision and assumed that they are complying with whatever parameters were placed on the advertising; therefore, the City can go back and look at that. Chairman O'Neal stated that he doesn't have a problem the sign and would generate sales tax revenue for the City. City Attorney Leibold stated that there is not a prohibition against advertising the Hotel, the Casino, or the entertainment but the prohibition is advertising specific gaming. Mr. Cousins stated that on behalf of the Board of Directors of the Chamber of Commerce, they are in full support of the sign. This is a huge opportunity on the Corridor which will bring more revenue for the City. Commissioner Blake stated that he is in opposition of the sign because of visual pollution and the houses in the area have to look down at the multi - colored lights and advertising changing every eight seconds. He doesn't think this is a great thing to bring into the community. He would prefer the sign to be off of Main Street. He thinks it is detrimental to the health, safety and general welfare of the community. Commissioner Gray stated that one, eight- second public service announcement every ten minutes doesn't seem like much time compared to 16 seconds every minute for the Storm, and it seems that the City has very little benefit to this. City Attorney Leibold stated that the primary purpose of the sign from the City's perspective was Stadium and Storm promotion. She explained why the City chose the length of time for the advertisements in the agreement and indicated that if the Commission doesn't think that this is sufficient, then the Commission can revise and the Commission's recommendation will be presented to the City Council. Commissioner Gray suggested having more time for advertising and it will tell the motorist going by on Interstate 15 that the City of Lake Elsinore is actually here. Commissioner Jordan stated that she liked the sign and doesn't have any issues with it. City of Lake Elsinore Planning Commission Regular Meeting Minutes of September 4, 2012 Page 7 of 10 Vice Chairman O'Neal asked what the cost of the sign was. Dave Oster, President of the Storm Stadium, stated that the entire sign will cost close to one million dollars once it is put up. Vice Chairman O'Neal asked about the cost of advertising on the sign. Mr. Oster stated he doesn't have an exact cost because it is all tied into the packaging but depending on the economy, it will take at least five years to make the money back. Chairman O'Neal asked about the sign's brightness and is there any kind of measurement used. Public Works Director Seumalo stated that Caltrans monitors this and the brightness is a safety factor. Mr. Oster stated that once the sign is up, there is capability to control the brightness. Vice Chairman O'Neal stated that he appreciates the visual pollution argument; however, he knows that there is no way to advertise the Storm Stadium. Mr. Oster stated that a lot of people know about Storm baseball, but they don't know if there are playoff games and that is part of the reason for the Storm Stadium eyes on the sign because they do light up when there is a home game or an activity going on. The reason they placed the sign at the car dealership location is that it is Caltrans driven and there are very few spots to locate the signs. They are trying to find ways to drive traffic to the stadium and promote what is going on in the town, and create revenue to help pay for the sign. Chairman O'Neal stated that he doesn't like the sign but he knows that the City and the businesses in the City need to be advertised. He would like to see the sign more liberalized in terms of content. He knows General Outdoor Advertising needs to maximize their profit and he would also like to see more time advertised regarding the "Dream Extreme" activities in the City. Mr. Oster stated that the difficult and fine line is that the City wants to promote the special messages that are going on in Lake Elsinore but they cannot afford to give out free messages to every business in town. Chairman O'Neal asked how much of an impact would it be, in terms of revenue, if the sign were to be turned off at a certain time, such as 1:00 a.m. Mr. Oster stated that it's all based on people driving on Interstate 15, and they drive on it 24/7. Chairman Morsch asked regarding the business model, if there is a different rate during prime time hours from 4:00 a.m. to 6:00 a.m. and rush hour in the evening, as opposed to 3:00 a.m. Mr. Oster stated that it would depend on the number of ads that they would get and they would rotate at various times of the day and night, all on a rotational basis. Chairman Morsch had some questions regarding intensity of lighting at different times of the day and night and the impact to the community, and various questions regarding the amount of advertising time. Mr. Oster stated that their sign person couldn't attend the meeting but he would refer these questions to him as he has the expertise in this area and will follow up with the Commission. Mr. Oster stated that he agreed with Mr. Cousins, as the City doesn't have local television, and no great newspaper and radio resources, therefore, the City City of Lake Elsinore Planning Commission Regular Meeting Minutes of September 4, 2012 Page 8 of 10 needs a big screen advertising sign to promote the great resources that the City offers. Chairman Morsch asked what will be displayed on the billboard. Mr. Oster stated that they can put the promotions that are going on at the Storm Stadium and any other special events that happen in the City. Chairman Morsch stated that he is in agreement with this. Vice Chairman O'Neal suggested continuing this item until the next meeting and perhaps address some of the concerns that Commissioner Blake has, and address any other issues that were discussed previously. Mr. Oster stated that this was passed in 2009 but is happy to bring back more information to the Commission for additional questions and concerns. He did note that he would like to continue to move this forward and get the sign up before Opening Day of next year. Chairman O'Neal asked if this can be brought back to the Commission on the September 18, 2012, Planning Commission meeting. City Attorney Leibold stated the September 18, 2012, Planning Commission meeting was tentatively cancelled but doesn't have to be. If there is a regular meeting on that day, this would be the only item on the Agenda. Commissioner Blake stated that he is opposed to it and coming back in a few weeks will not change his opposition. He stated that he believes that these kinds of signs are outdated. He is concerned about the light pollution for the people driving on Interstate 15, and if this does go through, there should be Notice given to the residents in the area regarding the light impact. He discussed the design of the sign, and noted that there should be a limitation on the angle that the light diffuses or impacts across Interstate 15. Mr. Oster stated that he would be happy to provide the Commission with this information and he understands the lighting issue. He noted that they will always be promoting and using the sign. Vice Chairman O'Neal said that he asked for a continuance in order to address Commissioner Blake's concerns, but since they cannot, he was withdrawing his request for a continuance. Commissioner Gray stated that he is in favor of this. Commissioner Jordan stated that she is in favor of this. Motion by Commissioner Jordan and seconded by Commissioner Gray to approve Resolution 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 with a correction in the body of City of Lake Elsinore Planning Commission Regular Meeting Minutes of September 4, 2012 Page 9 of 10 the Resolution to read Public Notice of the Development Agreement, not Development Amendment; also that the Planning Commission would recommend adding a provision with respect to maintenance and removal of the sign in the event of non - operation; lastly, remove prohibition on the language that was used regarding gambling; Motion passed 4 -1 with Commissioner Blake opposing. Mr. Oster stated that he will go back to his partner and study the lighting and will follow up with the Commission with a report. 3. Public Convenience and Necessity (PCN) — Notification to State Department of Alcoholic Beverage Control Board for Walgreens Store No. 13813 located at 160 Diamond Drive Senior Planner MacHott presented the staff report. Jennifer Chavez, Legal Representative for Walgreens, addressed the Commission. Motion by Vice Chairman O'Neal and seconded by Commissioner Gray to approve and sign letter of Public Convenience and Necessity; Motion passed 5- 0. BUSINESS ITEMS None. STAFF COMMENTS Acting Community Development Director Morelion stated that staff will be bringing back to the Commission, the discussion items regarding murals and banners. Also, Public Works Director Seumalo will be bringing WYROC mining operation back to the Commission for discussion. CITY ATTORNEY COMMENTS City Attorney Leibold had no comments. PLANNING COMMISSIONER'S COMMENTS The Planning Commissioners stated that staff did a great job. Chairman Morsch stated that on Friday, September 31, 2012, there was a critical accident at the Storm Stadium. A Fireman, and an employee were injured, and a young man by the name of William Calabrese lost his life while setting up the fireworks show at the Storm Stadium. He closed the meeting in memory of Mr. Calabrese. City of Lake Elsinore Planning Commission Regular Meeting Minutes of September 4, 2012 Page 10 of 10 ADJOURNMENT There being no further business to come before the Planning Commission, Chairman Morsch adjourned the meeting at 7:51 p.m. The Lake Elsinore Planning Commission will adjourn to a regular meeting to be held on Tuesday, September 18, 2012, at 6:00 p.m. to be held at the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. Rick Morsch, Chairman City of Lake Elsinore Attest: K�- Warren Morelion Acting Community Development Director