HomeMy WebLinkAboutResolution 2021-49 Variance 2021-02 APN 363-140-090RESOLUTION NO. 2021-49
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING VARIANCE NO. 2021 -02 FOR THE
CONSTRUCTION OF A FREESTANDING FREEWAY IDENTIFICATION SIGN WITH
A HEIGHT OF 70 FEET AND A TOTAL SIGN AREA OF 736 SQUARE FEET AT 331
RAILROAD CANYON ROAD (APN: 363-140-090)
Whereas, Jonathan Ewell, Williams Sign Co., has filed an application with the City of Lake
Elsinore (City) requesting approval of Planning Application No. 2021 -027 (Commercial Design
Review No. 2021-013 and Variance No. 2021-02) proposing to construct a freestand ing freeway
identification sign with a height of 70 feet and a total sign area of 736 square feet at 331 Railroad
Canyon Road (APN: 363-140-090);
Whereas, Variance No. 2021-02 is a request to exceed the maximum height of 45 feet
and maximum total sign area of 653 square feet for freeway identification signs as established in
Lake Elsinore Municipal Code (LEMC) Section 17.196.180(I)(3);
Whereas, pursuant to LEMC Section 17.415.080 (Variances), the Planning Commission
(Commission) has been delegated with the responsibility of reviewing and approving,
conditionally approving, or denying variance applications;
Whereas, the proposed project is exempt from the California Environmental Quality Act
(Cal. Publ. Res. Code §§21000 et seq.:”CEQA”) and CEQA Guidelines (14. Cal. Code Regs
§§15000 et seq.), specifically pursuant to Section 15311(a) (Accessory Structures); and
Whereas, on December 7, 2021 at a duly noticed public hearing the 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 DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1: The Commission has reviewed and analyzed the proposed project 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 project 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: The Commission finds and determines that the Project is categorically exempt
from environmental review under the California Environmental Quality (CEQA) in accordance with
CEQA Guidelines Section 15311(a) (Accessory Structures).
Section 3: That in accordance with Section 17.415.080.F of the LEMC, the Commission
makes the following findings regarding Planning Application No. 2021 -027 (Variance No.
202102):
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 plann ing district in
which the site is located.
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PC Resolution No. 2021-49
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The project is located within the C-2 district and has a GP designation of General Commercial.
The project proposes the construction of a new sign to advertise the existing, lawfully
established conforming restaurant use. Therefore, the project conforms to the intent and
purpose of the GP and LEMC designations for the subject property. The Planning Division
has reviewed the proposed project and has conditioned the project to ensure compliance with
applicable goals, policies, and requirements. The conditions require the applicant to comply
with building and engineering regulations and to obtain any required permits (building,
grading, encroachment, etc.).
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
subject property is located.
In the neighborhood there are a total of ten C -2 properties clustered around the intersection
of Railroad Canyon Road and Summerhill Drive to the east of the I15. Five of the ten
properties are currently occupied by freeway -oriented businesses; four of these businesses,
including In-N-Out Burger, KFC, Jiffy Lube and Alberto’s Mexican Food, are north of Railroad
Canyon Road. The other property is occupied by 7 -Eleven and 76 Gas and is located south
of Railroad Canyon Road.
There are special topographical, locational, and surrounding circumstances which apply to
the subject property which do not apply generally to other properties in the neighborhood.
First, with respect to topography, the surface of subject property is situa ted significantly lower
(approximately 25 feet below the freeway surface) than the elevation of the 7 -Eleven/76 Gas
property, thereby placing the subject property at a unique disadvantage in achieving sufficient
height over the freeway surface for the purp ose of being visible from the freeway. Second,
with respect to location, the subject property is setback a total of approximately 220 feet or
approximately 30 feet further away from the freeway than the properties to the south, thereby
placing the subject property at a unique disadvantage in achieving sufficient sign area to be
conveniently identified from the freeway surface. Third, with respect to the site surroundings,
an existing 47’0” tall sign (belonging to KFC) is located on the adjacent property app roximately
48’-3” northwest of the proposed sign location. Because new freeway signs are required not
to block existing signs pursuant to LEMC 17.196.180(I)(3)(f)), the existing configuration of the
KFC sign places the subject property owner at a unique di sadvantage in siting a new sign
while maintaining visibility of the KFC sign, particularly as viewed from northbound freeway
traffic.
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 prope rty.
LEMC 17.196.180(I)(3) requires that no freeway identification sign shall exceed 45 feet in
height or 83 square feet in area based on freeway frontage length. The applicant requests a
variance to exceed the height limit by 25 feet and the sign face area lim it by a total of 218
square feet (586 square feet if counting both sides) to overcome topographical and locational
circumstances which are not applicable to other properties in the vicinity and district. It is the
opinion of staff that the requested deviat ion represents the minimum necessary to enable In -
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N-Out Burger to effectively advertise their on -site establishment to freeway traffic based on
the position of the property’s existing grade relative to the freeway surface.
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 of the variance would not confer special privileges that are inconsistent with the
limitations upon other properties in the vicinity and district in which the property is situated
because the requested relief from the zoning code is necessary to a llow In-N-Out Burger to
advertise to freeway traffic in a way consistent with other neighboring businesses that are
subject to comparatively favorable topographical and locational circumstances which do not
apply to the subject property.
Section 4: Based upon the evidence presented and the above findings, the Commission
hereby approves Planning Application No. 2021 -027 (Variance No. 2021-02).
Passed and Adopted on this 7th day of December, 2021.
John Gray
Chair
Attest:
_________________________FOR:
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. 2021 -49 was adopted by the Planning Commission of the City
of Lake Elsinore, California, at a regular meeting held on December 7, 2021 and that the same
was adopted by the following vote:
AYES: Commissioners Peters, Carroll, and Klaarenbeek; Vice Chair Dobler; and Chair Gray
NOES:
ABSTAIN:
ABSENT:
FOR:
Justin Kirk
Assistant Community Development Director
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