HomeMy WebLinkAboutPC Reso No 2015-31 (LE Casino-Var No. 2015-01)RESOLUTION NO. 2015.31
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING VARIANCE NO. 2015-01
TO ALLOW THE PROPOSED FREEWAY-ORIENTED SIGN FOR THE
PROJECT SITE LOCATED AT 20930 MALAGA ROAD TO EXCEED
THE MAXIMUM HEIGHT AND SIGN COPY AREA AS SET FORTH IN
THE MUNICIPAL CODE
WHEREAS, Ted Kingston, Lake Elsinore Casino (the "Applicant"), filed an
application with the City of Lake Elsinore requesting approval of Variance No. 2015-
01, in conjunction with Sign Permit No. 2015- 1, which are collectively referred to
herein as the "Project"; and
WHEREAS, an existing freeway-orrented sign at the Lake Elsinore Hotel and
Casino located at 20930 Malaga Road (APN 365-040-016), which is a freeway-
oriented business that is easily accessible to a freeway ramp, and the proposed
Pro.lect will replace the existing freeway-oriented sign with a new freeway-oriented
sign; and
WHEREAS, the Applicant proposes a 65'-6 double face sign consisting of 344
square feet of sign area per face with two illuminated sign cabinets as follows: (i ) One
double face illuminated cabinet sign reading "Lake Elsinore Casino", totaling ',l04
square feet and (2) One double face LED electronic message center, limited to
displays of advertising only on-site uses and changing no more frequently than once
every four (4) seconds, and totaling 344 square feet; and
WHEREAS, through Variance No. 2015-01, the Applicant requests relief to
exceed the maximum height for a freeway-oriented signs as set forth in LEMC Section
17 196.1 B0 (l)(3)(b) and relief from the maximum sign area as set forth in LEMC
Section 17 196.180 (lX3)(1) , and
WHEREAS, pursuant to LEMC Chapter 17.172 (Yariances) 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, on April 21 ,2015, at duly noticed public hearings the Planning
Commission has 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, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER
AS FOLLOWS:
SECTION 1. The Planning Commission has considered Variance No. 2014-02
for the proposed 65'-6 double face sign consisting of 344 square feet of sign area per
face with two illuminated sign cabrnets as follows: (1) One double face illuminated
cabinet sign reading "Lake Elsinore Casino", totaling 104 square feet and (2) One
PLANNING COMMISSION RESOLUTION NO. 2015.31
PAGE 2 OF 4
double face LED electronic message center, limited to displays of advertising only on-
site uses and changing no more frequently than once every four (4) seconds, and
totaling 344 square feet and has found it acceptable.
SECTION 2. The Planning Commission finds and declares that the project is
exempt from the California Environmental Quality Act (Cal. Publ. Res. Code SS21000
et seq.:"CEQA") and the State CEQA Guidelines (14. Cal. Code Regs $$15000 et
seq.), specifically pursuant to Section 1531 1 (a) On Premise Sign because the
proposed project replaces an existing free standing pylon with a free standing pylon
sign of a consistent height and consistent size of the existing sign.
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.2014-02:
1. Adequate conditions and safeguards pursuant to Lake Elsinore Municipal
Code (LEMC) Section 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 subject propefty is located in the General Commercial land use
designation, which establishes hofels and motels and other similar and
compatible uses as being consistent. The proposed sign does not alter the
existing consistenf uses and augments their viability. The digital reader board
adveftising has been conditioned to meet Caltrans requirements for freeway-
oriented slgns so as to avoid creating a distraction and an unsafe driving
condition. Because the proposed sign augments an existing use and has been
conditioned to avoid any adverse impact, the proposed project has been found
to be consistent with the General Plan. .
2. There are special circumstances, pursuant to the purpose of Chapter
17.172 of lhe LEMC, 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 is located in close proximity to the l-15 Freeway and is
therefore permitted to have a Freeway-oriented sign up to a maximum of 45'-0"
in height and 150 square feet of sign area. ln addition the project site has an
existing legal non-conforming sign with a height of 65'-6" that has a total sign
copy of 560 square feet. The subject property has a finished grade elevation of
approximately 1,367 feet, while the adjacent l-15 has a finished grade elevation
for south bound lanes of 1,400 feet and nofth bound lanes have an approximate
finished grade elevation of 1,420. This grade differential has an adverse impact
on the propefty, as a 45'-0" high sign would have less freeway visibility than the
existing sign which it replaces; thereby creating a special circumstance
PLANNING COMMISSION RESOLUTION NO. 2015-31
PAGE 3 OF 4
applicable to thls slfe which are not applicable to other properties within the
area that are adjacent to the freeway. Further, the limitation of the sign copy to
not exceed the legal non-conforming use does not grant a special privilege as
other freeway-oriented slgns of similar design that have been previously
approved have also exceeded this threshold. Due to the topographical
constraints and the previous precedence for such slgns, fhe granting of a
variance is due to special circumstances and does not constitute the grant of
special privilege.
3. ln approving the variance, any reductions authorized from the strict
interpretatron 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.
Due to the grade differential, the limited sign area represent the minimum
deviation necessary to enable reasonable development of the property. This is
due to the grade differential of the subject propefiy to the l-1 5 to which the sign
is oriented and the restrained sign copy that does not exceed the existing sign.
SECTION 4. Based upon the evidence presented and the above findings, the
Planning Commission hereby approves Variance No. 2015-01.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 21"tday of April 2015, by the
following vote:
ATTEST:
, Chairm
lanning Commissron
Planning Manager
PLANNING COMMISSION RESOLUTION NO. 2015-31
PAGE 4 OF 4
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California,
hereby certify that Resolution No. 2015-31 as adopted by the Planning Commission of
the City of Lake Elsinore at a regular meeting held on the 21"r day of April 2015, and
that the same was adopted by the following vote:
AYES: CHAIRMAN GRAY, VICE CHAIR JORDAN, COMMISSIONER ARMIT,
COMMISSIONER FLEMING, COMMISSIONER RAY
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
)"
Planning Manager
ichard J. M6cHott, LEED Green Associate