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Home My WebLink AboutCC Reso No 2020-023 Variance No. 2020-01RESOLUTION NO. 2020-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING VARIANCE NO.2020-00001 (SIGN APPLICATION NO. 2020-00001) FOR A FREESTANDING FREEWAY ORIENTED PYLON SIGN EIGHTY-FIVE FEET (85') IN HEIGHT IN LIEU OF THE MAXIMUM FORTY-FIVE FEET (45') MAXIMUM FOR A 150 SQUARE FEET SIGN THAT IS DOUBLE SIDED AND ILLUMINATIONED AND DEFERRING APPROVAL OF SIGN APPLICATION OPTION 1:1) TO THE CITY COUNCIL EXECUTIVE PROJECT REVIEW SUBCOMMITTEE IN CONJUCTION WITH THE BOOS MAIN STREET DEVELOPMENT PROJECT CONSISTING OF FUEL DISPENSING AREAS, A CONVENIENCE STORE AND DRIVE -THROUGH CARWASH LOCATED AT 512 N. MAIN STREET (APN'S 377-243-002, 003, 004, 005, 006 AND 007) Whereas, Rod Fermin of Boos Development filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2019-45 (Conditional Use Permit No. 2019- 11, Commercial Design Review No. 2019-17 and Tentative Parcel Map No. 2019-04 - 37751) that received City Council approval on February 25, 2020. The Project site is a 0.88 acre (38,432 SF) property located on the east side of Main Street between Flint Street and the 1-15 Freeway southbound onramp and includes Assessor Parcel Numbers (APN's) 377-243-002, 003, 004, 005, 006 and 007 with the sign proposed on the northerly parcel; and, Whereas, Rod Fermin of Boos Developed subsequently filed applications with the City of Lake Elsinore to include a variance for a freestanding freeway oriented pylon sign eight -five feet (85') in height in lieu of the forty-five feet (45') maximum height and also filed a sign application with four City of Lake Elsinore branding options; and Whereas, Variances are subject to review and approval of the Planning Commission subject to mandatory findings and this Variance goes to the City Council for approval pursuant to Lake Elsinore Municipal Code (LEMC) Section 17.410.030 that all entitlement applications for a project shall go to the ultimate decision authority which is the City Council; and Whereas, freeway identification sign applications are subject to review and approval of the Planning Commission subject to mandatory findings and this Sign Application was referred to the City Council Executive Project Review Subcommittee (EPRS) in accordance with the City Council's Conditions of Approval for the Project; and Whereas, the City Council unanimously approved the Boos Main Street Commercial Project and referred final approval of Architectural Design and Signage to the City Council Executive Project Review Committee; and Whereas, on February 4, 2020 at a duly noticed Public Hearing the Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item and unanimously recommended approval to the City Council; and Whereas, on February 25, 2020 at a duly noticed Public Hearing the City Council considered evidence presented by the Community Development Department and other interested parties with respect to this item and unanimously approved the Project adding a condition of approval that architectural design and signage shall be reviewed and approved by the EPRS; and City Council Resolution No. 2020-23 Page 2 of 4 Whereas, on March 3, 2020 at a duly noticed Public Hearing the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item and unanimously recommended approval of the Variance for exceeding the sign height. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1: The City Council has considered the Project prior to making a determination and has found it acceptable. Section 2: On March 24, 2020, after consideration and evaluation of all written reports and comments and oral testimony presented by the Community Development Department and other City departments, property owners, residents and other interested parties and such other matters as are reflected in the record of the noticed Public Hearing on the Project, the City Council adopted a Notice of Exemption determining the Initial Study prepared for the item did not result in any significant impacts or mitigation measures, is adequate and is prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. Section 3: That in accordance with Section 17.415.080(F) of the LEMC, the City makes the following findings regarding Planning Application No. 2019-45 (Variance No. 2020-00001): 1. That adequate conditions and safeguards pursuant to subsection (E) of this section 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 City's Development Review Committee (staff from Planning, Building & Safety, Fire and Engineering) have reviewed the project and have included applicable conditions of approval to ensure code compliance and protect the public health, safety and general welfare. The project and sign are consistent with the General Plan and Zoning designations of the General Commercial district. 2. That there are special circumstances, pursuant to the purpose of this section, 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 site is located. The subject property is located in the C-2 (General Commercial) zone district where gas stations, convenience stores and carwashes are permitted or conditionally permitted land uses. This business largely relies on clientele from freeway traffic. The subject property is significantly lower than the 1-15 Freeway and a sign observing the maximum forty-five feet in height would not be visible from fast traveling vehicles on the freeway. 3. That 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 section and enable reasonable development of the property. City Council Resolution No. 2020-23 Page 3 of 4 The sight distance analysis view simulations identifies the proposed eighty-five feet (85) height as the minimum height that is ideal for an effective freeway advertising sign. The 7- 11 sign is also 85 feet in height but located on a grade differential that is 5 feet to 7 feet higher than the proposed Boos Development sign. 4. Granting of the variance or minor exception will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone district in which such property is situated. Granting the variance would not be a special privilege as the proposal is consistent with other freestanding freeway oriented sign in the commercial zone including the 7-11 and Lake Elsinore Casino signs which such businesses also heavily rely on freeway traffic clientele. Section 4: In accordance with Section 17.196.180(I) of the LEMC, the City Council makes the following findings regarding Planning Application No. 2019-45 (Sign Application No. 2020-00001): 1. Said business must be a freeway -oriented business, as determined by the Planning Commission. The Commission and the City Council determined that the facility will obtain a large portion of its business clientele from 1-15 Freeway drive by traffic and the freeway -oriented sign is critical to the success of the business. 2. Said business must be easily accessible to a freeway ramp, as determined by the Planning Commission. The subject property is located within 370 feet of the 1-15 southbound onramp and is easily and readily accessible as two driveway on Main Street would provide right turn egress to the freeway. 3. Said sign shall not block another freeway -oriented freestanding sign. The applicant shall be responsible for providing the Planning Commission with evidence to assure satisfactory compliance with this requirement. The proposed sign is located across the street from the 7-11 freestanding freeway sign and is five feet to seven feet lower in height. The applicant was required to submit sight distance analysis and view simulations to show what the sign would look like and ensure it would not interfere with the existing sign. The Planning Commission and the City Council determined no interference would result. 4. Said sign shall be located in a planter area not less than 100 feet with one dimension at least five feet. The proposed sign would be located within a planter area that runs along the entire length of Main Street and the side property line adjacent to the freeway. The planter area well exceeds 100 feet dimension and the five feet. Section 5: Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the City Council hereby approves Variance No. 2020-00001 and approves Sign Application No. 2020-00001. City Council Resolution No. 2020-23 Page 4 of 4 Section 6: This Resolution shall take effect immediately upon its adoption. Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, this 24th day of March 2020. I � !I Brian Mayor Attest: Candice Alvarez, MMC City Clerk J STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Candice Alvarez, MMC City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2020-023 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of March 24, 2020 and that the same was adopted by the following vote: AYES: Council Members Manos, Johnson, and Sheridan; Mayor Pro-Tem Magee; and Mayor Tisdale NOES: None ABSENT: None ABSTAIN: None Candice At, arez, MMC City Clerk