Legislation Details

File #: 24-0073    Version: 1 Name:
Type: Public Hearing Status: Passed
File created: 1/9/2024 In control: Planning and Housing Commission
On agenda: 1/22/2024 Final action:
Title: ZTA2023-0006: Zone Text Amendment to Title 17 of the Corona Municipal Code, Section 17.74.040 (A), to establish regulations for directional signage for properties affected by public improvement projects initiated by the City. (Applicant: Carlos Padilla, CPI Properties, LP - 13551 Magnolia Avenue, Corona, CA 92879).
Attachments: 1. Staff Report, 2. Exhibit 1 - Proposed Amendment to CMC Section 17.74.040(A), 3. Exhibit 2 - Conditions of Approval, 4. Exhibit 3 - Directional Sign, as Proposed per ZTA2023-0006, 5. Exhibit 4 - Directional Sign, as Approved per V2022-0001, 6. Exhibit 5 - Environmental Documentation, 7. Powerpoint Presentation

PLANNING AND HOUSING COMMISSION

STAFF REPORT

 

 

DATE:                                          1/22/2024

 

TO:                                          Honorable Chair and Commissioners

                     

FROM:                                          Planning and Development Department

 

APPLICATION REQUEST:                     

Title

ZTA2023-0006: Zone Text Amendment to Title 17 of the Corona Municipal Code, Section 17.74.040 (A), to establish regulations for directional signage for properties affected by public improvement projects initiated by the City. (Applicant:  Carlos Padilla, CPI Properties, LP - 13551 Magnolia Avenue, Corona, CA 92879).

E

nd

RECOMMENDED ACTION:

Recommended action                     

That the Planning and Housing Commission recommend the APPROVAL OF ZTA2023-0006 to the City Council, based on the findings contained in the staff report, and find the project exempted from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).

 

Body

BACKGROUND

CPI Properties (“applicant”) owns the property located at the northeast corner of McKinley Street and Sampson Avenue. The property is 5.3 acres and is developed as a commercial center (Los Arcos Plaza) that consists of commercial services and restaurants. The original condition of the applicant’s property had frontage on McKinley Street and unobstructed visibility. A portion of the property owned by the applicant, which is being bifurcated from the rest of the property, is being acquired by the City through eminent domain proceedings to support the new roadway alignment on McKinley Street. The grade separation that will be constructed over the railroad tracks located just south of the applicant’s property will result in an elevated bridge with a solid concrete support wall extending in front of the applicant’s property on McKinley Street. When completed, the grade separation will obstruct the visibility of the applicant’s property from McKinley Street.

 

Because of the extent of public improvements to support the McKinley Grade Separation project, which will change the size, access to, and visibility of the applicant’s property from its original condition, the applicant is requesting that directional signage for properties affected by public improvement projects have regulations for directional signage that is different from the current regulations prescribed by Section 17.74.040(A) of the city’s Sign Ordinance (Chapter 17.74 of the Corona Municipal Code).

 

On July 13, 2023, the applicant submitted a letter of request to the Planning and Development Department to amend Section 17.74.040(A) of the CMC. The amendment proposes regulations that would allow a property to have a directional sign up to 100 square feet in size and 40 feet in height if the property is bifurcated as a direct result of an eminent domain proceeding in connection with a public improvement project initiated by the City and the property’s visibility is directly and significantly obstructed after the completion of the public improvement project.  The amendment also proposes to allow the directional sign to advertise no more than two tenants or businesses on the property to which the directional sign pertains.  The proposed amendment is attached as Exhibit 1.

 

On August 21, 2023, staff presented the applicant’s request to the Planning and Housing Commission to obtain direction from the Commission on whether to proceed with the amendment.  At the meeting, the Commission directed staff to proceed with the applicant’s request which would need to come back before the Commission as a formal Zone Text Amendment application and reviewed and considered at a public hearing.

 

On October 18, 2023, the applicant formally submitted a Zone Text Amendment application to the Planning and Development Department to amend Section 17.74.040(A) (Exhibit 1).  As directed by the Commission, the zone text amendment (i.e., ZTA2023-0006) is being brought back to the Commission for consideration.

 

The Commission previously granted the applicant a variance (V2022-0001) on August 21, 2023 to have a 77-square-foot directional sign instead of a six-square-foot directional sign as currently allowed under the code.  The 77-square-foot sign area includes a 32-square-foot Los Arcos Plaza name sign panel and a 45-square-foot sign panel that provides direction to the Los Arcos Plaza (Exhibit 4).  There is no advertisement of tenants or businesses on the sign associated with the variance.  As proposed by the applicant, the zone text amendment would allow a maximum of one directional sign per parcel.  As such, if the zone text amendment is approved, the applicant could install one directional sign pursuant to either CMC 17.74.040(A), as amended by the zone text amendment (Exhibits 1 and 3), or the approved V2022-0001, but not both.

 

PROPOSED AMENDMENT

The proposed amendment to CMC Section 17.74.040(A) describing directional signage is shown below. The proposed language is shown in an underlined format.

 

17.74.040 Exemptions.

The provisions and regulations of this chapter and title shall not apply to the following signs, nor shall the area of such signs be counted toward the maximum allowable sign area for any premises or use.

 

(A) Directional sign. The city has a compelling interest in permitting directional signs in order to promote traffic safety. Except as provided in subsection (1) below, signs used to give directions to traffic or pedestrians or to give instructions as to special conditions shall not exceed a total of six square feet in area per sign and shall be permitted on-site in addition to the other signs listed in this section.

(1) One directional sign up to a maximum area of 100 square feet and a maximum height of 40 feet is permitted if all of the following criteria are met:

(a) The parcel of land to which the directional sign pertains is bifurcated as a direct result of an eminent domain proceeding in connection with a public improvement project initiated by the City.

(b) The visibility of the parcel of land to which the directional sign pertains is directly and significantly affected by the public improvement project initiated by the City.

(c) The directional sign is located on land which had been a part of the parcel of land that was bifurcated as a direct result of the public improvement project initiated by the City.

(d) The directional sign is located within 175 feet of the closest edge of the parcel of land to which the directional sign pertains and gives directions only to the parcel.

(e) The directional sign identifies no more than 2 nonresidential tenants or businesses operating on the parcel to which the directional sign pertains.

(f) A maximum of one directional sign shall be permitted per parcel to which the directional sign pertains.

(g) No part of the parcel of land to which the directional sign pertains is zoned or used for residential purposes.

 

ENVIRONMENTAL ANALYSIS:

Per Section 15061(b)(3) of the State Guidelines for Implementing the California Environmental Quality Act (CEQA), ZTA2023-0006 is exempt from CEQA based on the common sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This amendment solely involves text revisions to the City’s Zoning Ordinance in the Corona Municipal Code, and there is no possibility that the amendment will have a significant effect on the environment.  Therefore, a Notice of Exemption has been prepared for the project (Exhibit 5).

 

FISCAL IMPACT

The applicant has paid the applicable application processing fees for the zone text amendment.

 

PUBLIC NOTICE AND COMMENTS

A 10-day public notice was advertised in the Sentinel Weekly News.  As of the preparation of this staff report, the Planning and Development Department has not received any response from the public regarding the public notice.

 

STAFF ANALYSIS

The proposed text amendment to the City’s Sign Ordinance provides a clear understanding of the minimum conditions to be met when considering directional signage.  The criteria established by the amendment narrow the type of directional signs that can be granted pursuant to very detailed standards, specifically to a parcel of land to which the directional sign pertains is bifurcated as a direct result of an eminent domain proceeding in connection with a public improvement project initiated by the City.

 

The proposed text amendment will allow a parcel which has been impacted by eminent domain the opportunity to maintain much needed visibility from directional signage that is warranted so that the directions to the subject parcel can be easily seen by the public and emergency personnel.  Additionally, the criteria being established by this amendment is consistent with several General Plan Goals and Policies including: 1) General Plan Policy LU-11.4 to “Maintain appropriate areas in the city for heavy commercial uses, while development standards in these areas should respect operational characteristics of these uses, they should promote aesthetic improvements and traffic safety and minimize impacts.”; and 2) General Plan Policy ED-1.2 to “Encourage the expansion of existing businesses in Corona, if possible, and extend efforts at business retention.”

 

Therefore, the Planning and Development Department recommends approval of ZTA2023-0006, based on the following findings of approval.

 

FINDINGS FOR APPROVAL OF ZTA2023-0006

 

1.                     A preliminary exemption assessment has been conducted by the City of Corona and it has shown that this project does not require further environmental assessment because under California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), common sense exemptions apply to actions that have no possibility of significant environmental effect. This action amends language in the municipal code, and there is no possibility that the adoption of the ordinance will have a significant effect on the environment.

 

2.                     The proposed amendment is consistent with the General Plan for the following reasons:

 

a.                     General Plan Policy LU-11.4 supports having development standards for areas with heavy commercial uses that respect operational characteristics of these uses while promoting aesthetic improvements and traffic safety and minimizing impacts.

 

b.                     General Plan Policy ED-1.2 encourages the expansion of existing businesses in Corona, if possible, and extends efforts at business retention.

 

3.                     The proposed amendment is consistent with the intent of Title 17 of the Corona Municipal Code for the following reason:

 

a.                     Title 17 of the Corona Municipal Code is the City’s Zoning Ordinance which governs the development standards of land uses in the city. The zone text amendment continues to enhance upon the City’s development standards to ensure the public health, safety and welfare of uses, which is the intent of Title 17.

 

4.                     The proposed amendment will provide for the public health, safety, and welfare for the following reason:

 

a.                     The proposed amendment permits specialized criteria established by the proposed text which narrows the types of directional signs that can be granted pursuant to very detailed standards, specifically to a parcel of land to which the directional sign pertains is bifurcated as a direct result of an eminent domain proceeding in connection with a public improvement project initiated by the City.  The proposed text amendment is not expected to cause any visual, noise, glare, pollution, dust, odor, or traffic impacts to a business site or its surroundings. Therefore, the amendment continues to protect the well-being of public health, safety, and welfare of the general public.

 

 

PREPARED BY: ROCIO LOPEZ, CONSULTING PLANNER

 

REVIEWED BY: EVA CHOI, SENIOR PLANNER

 

REVIEWED BY: SANDRA VANIAN, PLANNING MANAGER

 

SUBMITTED BY: JOANNE COLETTA, PLANNING AND DEVELOPMENT DIRECTOR

 

EXHIBITS

1.                     Proposed Amendment to CMC Section 17.74.040(A)

2.                     Conditions of Approval

3.                     Directional Sign, as Proposed per ZTA2023-0006

4.                     Directional Sign, as Approved per V2022-0001

5.                     Environmental Documentation

 

Case Planner: Rocio Lopez (951) 736-2293