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Home My WebLink AboutResolution 2020-19- Boos Variance 2020-0001 Freestanding Freeway Oriented Pylon Sign Approval RESOLUTION NO. 2020-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING APPROVAL OF VARIANCE NO. 2020-00001 TO THE CITY COUNCIL FOR A FREESTANDING FREEWAY ORIENTED PYLON SIGN, EIGHTY-FIVE FEET (85’) IN HEIGHT WITH A SIGN FACE TOTALING 150 SQUARE FEET FOR THE BOOS COMMERCIAL DEVELOPMENT MAIN STREET APNS: 377-243-002, 003, 004, 005, 006 & 007 Whereas, Rod Fermin of Boos Development (applicant) has 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) Whereas, applicant subsequently filed an application for the freeway pylon sign designated as Variance No. 2020-00001. 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 I-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, variances are generally subject to review and approval of the Planning Commission subject to mandatory findings except as provided by Lake Elsinore Municipal Code Section 17.410.030 which seeks to have all project permits processed concurrently with the “final action … taken by the highest-level designated approving authority for all requested permits in accordance with this chapter”; and Whereas, on February 4, 2020 at a duly noticed Public Hearing the Commission has considered evidence presented by the Community Development Department and other interested parties with respect to Planning Application No. 2019-45 and unanimously recommended approval to the City Council of such zoning entitlements; and Whereas, on February 25, 2020 at a duly noticed Public Hearing the City Council has considered evidence presented by the Community Development Department and other interested parties with respect to this item and unanimously approved Planning Application No. 2019-45 adding a condition of approval that architectural design and signage shall be reviewed and approved by the City Council Executive Project Review Committee; and Whereas, at the time the Planning Commission was considering its recommendation as to Planning Application No. 2019-45, the applicant had not fully developed its sign proposal. Consequently, the City Council could not consider the proposed sign variance at its February 25, 2020 meeting consistent with Lake Elsinore Municipal Code Section 17.410.030; and 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 respond to this item in order to consider a recommendation to the City Council. DocuSign Envelope ID: 9462E3A5-77C7-4C06-8420-D264DCBE30CC PC Reso. No. 2020-19 Page 2 of 4 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1: The Commission has reviewed and analyzed the proposed Variance No. 202000001 pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §§ 59000 et seq.), the Lake Elsinore General Plan (GP), and the LEMC and finds and determines that the proposed Variance No. 2020-00001 is consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the GP, and the LEMC. Section 2: On February 25, 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 Planning Application No. 2019-45, 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 Planning Commission makes the following findings regarding 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 Variance No. 2020-00001 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 designation. 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 I-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. DocuSign Envelope ID: 9462E3A5-77C7-4C06-8420-D264DCBE30CC PC Reso. No. 2020-19 Page 3 of 4 The sight distance analysis 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: Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon Variance No. 2020-00001, the Planning Commission recommends that the City Council approve Variance No. 2020-00001. Section 5: This Resolution shall take effect immediately upon its adoption. Passed and Adopted at a regular meeting of the Planning Commission of the City of Lake Elsinore, California, this 3rd day of March, 2020. Michael Carroll Chair Attest: ___________________________________ Justin Kirk, Assistant Community Development Director STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Justin Kirk, Assistant Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No. 2020-19 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a regular meeting held on the 3rd day of March, 2020 and that the same was adopted by the following vote: For: DocuSign Envelope ID: 9462E3A5-77C7-4C06-8420-D264DCBE30CC PC Reso. No. 2020-19 Page 4 of 4 AYES: Commissioner Gray; Vice Chair Klaarenbeek; and Chair Carroll NOES: None ABSENT: Commissioners Armit and Ross ABSTAIN: None Justin Kirk, Assistant Community Development Director For: DocuSign Envelope ID: 9462E3A5-77C7-4C06-8420-D264DCBE30CC