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12-261 Resolution No. 12-261 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE DENYING PLOT PLAN NO. 2011-115 SEEKING TO LEGALIZE AN EXISTING UNPERMITTED ILLEGAL OUTDOOR ADVERTISING DISPLAY Whereas, in September 1 2011, the applicant, Melvin Blackburn, filed a formal application with .the City of Menifee allow an existing unpermitted illegal outdoor advertising display (billboard) located west of Interstate 215, east of Bailey Park Blvd. and south of Scott Road, and, Whereas, on March-27, 2012, the Planning Commission held a duly noticed public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for Plot Plan No. 2011-115 which hearing was publicly noticed by a publication in the newspaper of general circulation, an agenda posting, and notice to property owners within 1,000 feet of the Project boundaries, and to persons requesting public notice; and, Whereas, at the March 27, 2012 Planning Commission public hearing, based on the public testimony as well as all materials in the staff report and accompanying documents, the City of Menifee Planning Commission recommended denial of the Change of Zone No. 2011-116 and Plot Plan No. 2011-115; and, Whereas, on May 15, 2012, the City Council held a duly noticed public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for Plot Plan No. 2011-115, which hearing was publicly noticed by a publication in the newspaper of general circulation, an agenda posting, and notice to property owners within 1,000 feet of the Project boundaries, and to persons requesting public notice; and, follows:Whereas, following a duly noticed public hearing, the City Council finds as 1. Consistency with the General Plan. The plot plan is inconsistent with the General Plan Land Use Map and applicable General Plan objectives, policies, and programs. The project site is located within Interstate 215 Corridor Policy Area of the Sun City/Menifee Valley Area Plan. SCMVAP Policy 2.3 states that "Outdoor advertising devices (billboards, not onsite signs identifying a business on the same property as the sign) shall be prohibited within 660 feet of the nearest edge of the right-of-way line of Interstate 215." The project is not consistent with this policy because the billboard is within 660 feet of the right-of-way of Interstate 215. Interstate 215 from McCall Road south to the City's boundary is identified as a County Eligible Scenic Highway on the Sun City/Menifee Valley Area Plan. Therefore, the following policies apply: SCMVAP 17.1 "Protect the scenic highways in the Sun City/Menifee Valley Area Plan from change that would diminish the aesthetic value of adjacent properties in accordance with the Scenic Corridors sections of the General Plan Land Use, Multipurpose Open Space and Circulation Elements." Resolution No. CC 12-261 PP 2011-115 May 15, 2012 SCMVAP 17.2 "Outdoor advertising devices (billboards, not-onsite signs identifying a business on the same property as the sign) shall be prohibited within 660 feet of the nearest edge of the right-of-way line of all highways depicted as State Designated, State Eligible, or County Eligible Scenic Highways on Figure 8 Scenic Highways. (As of the date of General Plan adoption, these highways include Interstate 215 from McCall Boulevard interchange southerly to the southerly Plan boundary, McCall Boulevard from Interstate 215 easterly of Menifee Road, and Menifee Road northerly of McCall Boulevard to the northerly Plan boundary.) TK6 size height size, height, and type of on-site signs within these areas shall be the minimum necessary for identification. The design, materials, color, and location of on-site signs shall blend with the environment, utilizing natural materials where possible. Signage at locations contiguous to, or clearly visible from the identified roadways shall be limited to monuments signs not greater than six feet in height and signage on exterior building walls." The project is not consistent with these policies because the billboard is within 660 feet of Interstate 215 which is a County Eligible Scenic Highway. The Scenic Corridors sections of the General Plan contain the following policies: Land Use Policies: LU 13.1 Preserve and protect outstanding scenic vistas and visual features for the enjoyment of the traveling public. LU 13.3 Ensure that the design and appearance of new landscaping, structures, equipment, signs, or grading within Designated and Eligible State and County scenic highway corridors are compatible with the surrounding scenic setting or environment. LU 13.4 Maintain at least a 50-foot setback from the edge of the right-of-way for new development adjacent to Designated and Eligible State and County Scenic Highways. LU 13.5 Require new or relocated electric or communication distribution lines, which would be visible from Designated and Eligible State and County Scenic Highways, to be placed underground. LU 13.6 Prohibit offsite outdoor advertising displays that are visible from Designated and Eligible State and County Scenic Highways. LU 13.7 Require that the size, height, and type of on-premise signs visible from Designated and Eligible State and County Scenic Highways be the minimum necessary for identification. The design, materials, color, and location of the signs shall blend with the environment, utilizing natural materials where possible. Multipurpose Open Space Policies: OS 22.1 Design developments within designated scenic highway corridors to balance the objectives of maintaining scenic resources with accommodating compatible land uses. Resolution No. CC 12-261 PP 2011-115 May 15, 2012 OS 22.2 Study potential scenic highway corridors for possible inclusion in the Caltrans Scenic Highways Plan. OS 22.3 Encourage joint efforts among federal, state, and County agencies, and citizen groups to ensure compatible development within scenic corridors. Circulation Element Policies: C 19.1 Preserve scenic routes that have exceptional or unique visual features in accordance with Caltrans' Scenic Highways Plan. (Al 79) The project is not considered consistent with these policies. 2. Consistency with the Zoning Code. The change of zone is not consistent with the zoning code. The zoning for the site is Scenic Highway Commercial (C-P-S). Billboards are not allowed within this zoning classification; therefore, the applicant has proposed changing the zoning classification of the property to General Commercial (C-I/C-P). Billboards are allowed in the General Commercial zone. The properties to the north and west are zoned Scenic Highway Commercial (C- P-S). Properties to the south are zoned Industrial Park (I-P). Changing the zoning of this parcel to General Commercial would be considered spot zoning since there are no properties contiguous to the site that are zoned General Commercial. In addition, the existing Scenic Highway Commercial zoning classification is considered appropriate due to the project site's location adjacent to Interstate 1- 215, which is a County Eligible Scenic Highway. While General Commercial zoning classification would allow the billboard use; the project is not consistent with the permit standards for outdoor advertising displays (billboards) pursuant to Ordinance 349, Section 19.3 b: (1) General Plan. Outdoor advertising displays shall be consistent with the Riverside County Comprehensive General Plan. The billboard is not consistent with the general plan as outlined under the previous findings. (2) Zoning. Outdoor advertising displays are permitted only in the C-1/C-P, M- SC, M-M and M-H Zones provided that the display meets all of the other requirements of the zoning classification and this Article. Outdoor advertising displays are expressly prohibited in all other zones. The billboard is not allowed under the existing Scenic Highway Commercial zone and a change of zone to General Commercial would be inappropriate at this location as stated in the previous findings. (3) Height. The maximum height of an outdoor advertising display shall not exceed a height of 25 feet from the roadbed of the adjacent freeway or highway Resolution No. CC 12-261 PP 2011-115 May 15, 2012 to which the display is oriented, or a maximum height of 25 feet from the grade on which it is constructed, whichever is greater. The maximum height means the highest point of the structure or sign measured from the average natural ground level at the base of the supporting structure. Based on the exhibits, the elevations of the project site and freeway roadbed are the same. The total height of the sign is 28 feet and exceeds the allowed height of 25 feet. The project is not consistent with the height requirement. A height adjustment is allowed; however, the outdoor advertising display must not be an illegal outdoor advertising display. Because there are no building permits or land use entitlement for this billboard, it is considered an illegal outdoor advertising display and would not be eligible for a height adjustment. (1) Setbacks. No outdoor advertising display shall be erected within an established setback or building line, or within road right-of-way lines or future road right-of-way lines as shown on any Specific Plan of Highways. A minimum setback from the property line of one foot shall be required. No person shall place, erect, use or maintain any outdoor advertising display located within 660 feet from the edge of the right of way of, and the copy which is visible from, any primary highway without first obtaining a valid State Outdoor Advertising Permit. The record of survey that created this parcel calls out a 70 foot setback from Interstate 215. Therefore, this outdoor advertising display has been erected within an established setback and is inconsistent with the permit standards. The outdoor advertising display is also inconsistent with the General Plan setback for scenic highways: LU 13.4 Maintain at least a 50-foot setback from the edge of the right-of-way for new development adjacent to Designated and Eligible State and County Scenic Highways. The record of survey also indicates that this parcel is a "road easement". Therefore, the billboard has been placed within future road right-of-way. In addition, the ordinance states that no person shall place, erect, use or maintain any outdoor advertising display located within 660 feet from the edge of the right-of-way of, and the copy which is visible from, any primary highway without first obtaining a valid State Outdoor Advertising Permit. A valid State Outdoor Advertising Permit has not been provided to Planning staff. Without the permit, this outdoor advertising display would be inconsistent with the development standard. (12) Display Inventory. In order to evaluate and assess outdoor advertising displays within the unincorporated area of Riverside County, within 180 days of the effective date of this ordinance and on each fifth anniversary after the effective date of this ordinance, and upon notice, each display company with outdoor advertising displays within the unincorporated area of the County shall 1 Resolution No. CC 12-261 PP 2011-115 May 15, 2012 submit to the County Department of Building and Safety, a current Inventory of the outdoor advertising displays they currently own and/or maintain within the unincorporated area of the County. Failure to submit a current or accurate inventory shall be deemed to be a separate violation of this ordinance. The applicant has not provided documentation to the Planning Department to determine compliance with this provision. (13) Lighting and Illumination of Displays. An outdoor advertising display may be illuminated, unless otherwise specified, provided that the displays are so constructed that no light bulb, tube, filament, or similar source of illumination is visible beyond the display face. Displays making use of lights to convey the effect of movement or flashing, intermittent, or variable intensity shall not be permitted. Displays shall use the most advanced methods to insure the most energy efficient methods of display illumination. Within the Palomar Observatory Special Lighting Area, all displays shall comply with the requirements of County Ordinance No. 655. Planning is not able to determine consistency with this requirement because the lighting is not shown on the plans. (14) Spacing. No outdoor advertising display shall be located within 500 feet in any direction from any other outdoor advertising display on the same side of the highway, provided, however, that if in a particular zone a different interval shall be stated, the spacing interval of the particular zone shall prevail. No outdoor advertising display shall be erected within the boundary of any significant resource as defined in Section 19.2.s. of this ordinance. No outdoor advertising display shall be located within 150 feet of property for which the zoning does not allow advertising displays, provided, however, that an outdoor advertising display may be placed within 150 feet of property for which zoning does not allow displays, if at the time an application for an Outdoor Advertising Display Permit is applied for, there is no existing residential structure or an approved building permit for a residential structure within 150 feet of the location of the proposed outdoor advertising display. It does not appear that there is another outdoor advertising display within 500 feet on the same side of the highway as the proposed billboard. The properties to the north and west of the site are zoned Scenic Highway Commercial. This zone does not allow billboards. The property to the south of the site is zoned Industrial Park. This zone does not allow billboards. Billboards are only allowed in the General Commercial, Manufacturing Service Commercial, Manufacturing Medium and Manufacturing Heavy zones of Riverside County Ordinance No. 348. In addition, although the properties to the north, south and west are zoned for commercial and industrial uses, they contain residential uses based on permit information obtained from the City and County GIS. Therefore, the project is not consistent with this permit standard. Resolution No. CC 12-261 PP 2011-115 May 15, 2012 (15) Identification. No person shall place, erect, use or maintain an outdoor advertising display and no outdoor advertising display shall be placed, erected, used or maintained anywhere within the unincorporated area of the County unless there is securely fastened thereto and on the front display face thereof, the name of the outdoor advertising display owner in such a manner that the name is visible from the highway. Any display placed, erected, or maintained without this identification shall be deemed to be placed, erected, and maintained in violation of this Section. Based on photographs of the billboard, the name of the outdoor advertising display owner is not visible. 3. Surrounding Uses. Approval of the application may create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the project vicinity. The existing billboard is not consistent with the permit standards within Ordinance No. 348, Section 19.3, b. The property is within a scenic corridor and is not consistent with general plan policies to protect scenic corridors. Therefore, the approval of the application may create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the project vicinity. 4. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. The proposed use has been determined to be Categorically Exempt (Class I — Projects which are Disapproved) under the California Environmental Quality Act (CEQA). CEQA does not apply to projects which a public agency rejects or disapproves. Now, therefore, the City Council of the City of Menifee resolves and orders as follows: 1. The Findings set out above are true and correct. 2. Plot Plan No. 2011-115, is hereby denied. PASSED, APPROVED AND ADOPTED THIS 15th DAY OF MAY 2012. riJ14 Jo enver,'Mayor Resolution No. CC 12-261 PP 2011-115 May 15, 2012 ATTEST: Kathy Bennett, City Clerk APPROVED A-S TO FORM: Joseph, J.Fletcher, City Atto ney f i �,11Y 4p MENIFEE x John V.Denver Mayor STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss Mayor Prroo Tem Thomas n CITY OF MENIFEE ) em Wallace w Edgerton I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the Councilmember foregoing Resolution No. 12-261 was duly adopted by the City Council of the City of Menifee at a meeting thereof held on the 15th day of May, 2012 by the Darcy Kuenzi followin vote: Councilmember g Sue Kristlansson Ayes: Denver, Edgerton, Fuhrman, Kuenzi Councilmember Noes: None Absent: Kristjansson Abstain: None Katy ennett, City Clerk 29714 Haun Road Menifee,CA 92586 Phone 951.672.6777 Fax 951.679.3843 uvw.cityofinenifee.us