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
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MENIFEE
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John V.Denver
Mayor STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
Mayor Prroo Tem
Thomas n CITY OF MENIFEE )
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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