1. Consideration of a Notice of Exemption pursuant to Section 15301(e) of the California Environmental Quality Act Guidelines.

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1 IV.E. WATERPARK VENTURES, LLC (PROJECT PLANNER: CHRIS BOATMAN) 1. Consideration of a Notice of Exemption pursuant to Section 15301(e) of the California Environmental Quality Act Guidelines. 2. PUBLIC HEARING to consider Conditional Use Permit No. 963 (Revision No. 1) to install sunglasses fourteen (14) feet in width and lenses that are thirty-six (36) square feet each in size on the sphinx head at the entrance within the Splash Kingdom Waterpark located at 1101 California Street in the EV/CG (General Commercial) District of Concept Plan No. 3 of the East Valley Corridor Specific Plan. PLANNING COMMISSION MEETING: JUNE 12, 2012 SYNOPSIS 1. General Plan Designation: The General Plan designation for the project site is Commercial/Industrial. 2. Existing Land Use: The project site is located within Concept Plan No. 3 of the East Valley Corridor Specific Plan. 3. Surrounding Land Uses Designation: The project site is bounded by Concept Plan No. 1 to the north, Specific Plan 29 to the northeast, EV/CG (General Commercial) District of the East Valley Corridor Specific Plan to the south and southeast, and Concept Plan No. 3 to the west. 4. Existing Land Use: The site was improved with an amusement park containing a waterpark, race car tracks, boat ride, miniature golf courses, amphitheater for outdoor events, a pyramid structure for food service and an arcade. 5. Surrounding Land Use: The surrounding land uses consist of the a medical Facility to the north; an orange grove to the northeast, office space to the east, a multi-tenant retail center to the southeast, the Interstate 10 freeway to the south, and vacant farmland to the west.

2 6. Area/ Topography: The project site is flat. 7. Environmental Assessment: The project is exempt from further environmental analysis pursuant to Section 15301(e) of the California Environmental Quality Act Guidelines. 8. Planning Commission Submittal Dates: PROPOSAL a. Date Submitted: April 2, 2012 b. Date Accepted as Complete: May 2, 2012 c. Planning Commission Meeting: June 12, 2012 d. CEQA Expiration Date: July 2, 2012 The project involves a modification to the façade of the main building located at Pharaoh s Splash Kingdom Amusement park. This modification will add sunglasses to the head of an Egyptian sphinx located over the park s main entrance. The sunglasses will be fourteen (14) feet in width and will contain thirty six (36) square foot lenses. The sunglasses will also have arms returning to the building with a length of eight (8) feet each. The frame will be constructed of a combination of polyvinyl chloride (PVC) and steel and the lenses will be made of tinted fiberglass painted flat black to reduce glare. The acre project site has been developed with Egyptian themed water and amusement attractions, which include a water park (water slides, a lazy river, pools, a standing wave machine, children s pool, and snack bar), three go-kart tracks, a bumper boat attraction, super swing, and four miniature golf courses. An amphitheater area for outdoor entertainment is stationed between the water and amusement park and contains a stage and seating area. Within the center of the site is a 54,579 square foot main building (pyramid) containing offices, a banquet hall, main hall, gift shop, and eating area. The sixty (60) foot tall pyramid building includes a sports bar, video arcade, pizza buffet and banquet hall. The design of the pyramid incorporates a forty five (45) foot high sphinx at the main entrance which is receiving the aforementioned façade change. The exterior of the pyramid is treated with a limestone block façade and includes hieroglyphics consistent with the Egyptian theme. ANALYSIS Conditional Use Permit: A new Conditional Use Permit (CUP) for the existing water and amusement park was approved on April 13, Section of the Redlands Municipal Code establishes a review process for the development of conditionally permitted uses

3 and subsequent revisions. A CUP, including the proposed amendment, may be approved or conditionally approved only if the Planning Commission can make four findings (Section ). The following analysis is the summary of these findings followed by staff s response: A) That the proposed development will not adversely affect the applicable land use plans of the city. Staff s Response: The project is consistent with the applicable land use plan; East Valley Corridor Specific Plan. Section EV4.0240(c)& (d) (Architectural Guidelines) of the East Valley Corridor Specific Plan indicates that designs must: 1. Apply equal architectural emphasis to all sides of a building. Extra treatment may be applied to the front elevation as long as the basic façade treatments are carried around the structure. 2. Accessory buildings shall have a similar architectural style as the main structure. 3. Avoid large expanses of building and provide varied surface relief. 4. Pre-engineered metal buildings are prohibited. This project will not conflict with the above referenced criteria as the sunglasses will only affect an existing main entry statement. Finding A can be made. B) That the proposed development will not be detrimental to the public health, safety and welfare. Staff s Response: The project will not result in an impact to the public health, safety and welfare. There will be no change to the operational characteristics; thus, there will be no increase in traffic, no decrease in parking, demand on existing infrastructure, modifications to the hours of operation, etc. The improvement is subject to the issuance of a building permit and will be required to adhere to the provisions of the Redlands Municipal Code and California Building Code. In addition, the sunglasses will painted flat black to prevent glare. Finding B can be made. C) That the proposed development will comply to the maximum extent feasible with the regulations of the city s General Plan, the applicable zoning district and the city s development standards. Staff s Response: In terms of the General Plan, the proposed improvements will not result in a change of land use. This lands use (amusement park) is allowed within the Commercial/Industrial General Plan land use designation. Furthermore, the proposed improvement is a component of the parks marketing

4 efforts to maintain and improve the success of the park. Thus, the proposed improvements will further the Economic Development element of the General Plan. Specifically, Policy 11.0b which encourages the City s decision-makers, in part, to seeks varied and convenient commercial uses appropriate to Redlands to support the projected population.. The park is expected to generate approximately 200,000 patrons annually and will employ approximately cast members, with on any given shift during the summer months. Finding C can be made. D) That the proposed development is appropriate at the proposed location. As indicated previously, the proposed improvements will not result in a change to the operational characteristics of the Park or result in a need for off-site improvements. The determination of appropriateness is subjective given the nature of the proposed improvement at the given site. On the one hand the amusement park is just that; a commercially operated park that has devices for entertainment. 1 The Park has been designed with and contains various elements to amuse and entertain. Arguably, the sunglasses accentuate the caricature-like appearance of the structure and thus would be consistent. On the other hand, the proposed improvement may not be appropriate at the proposed location as the sunglasses pose too great of a contrast to the existing architecture. The park was designed to portray an Egyptian Theme. This theme is accomplished by use of the various Egyptian elements, symbols, colors, water features/ fountains, materials of construction and architectural design of the main structure and support units. The main building is the most prominent of these themed architectural features. It incorporates a two story shape with a limestone block façade adorned with hieroglyphics and a large sphinx over the main entrance. This Egyptian theme is carried throughout the park. The addition of the sunglasses brings a modern element to the park which arguably could be considered a significant departure from the ancient Egyptian theme. Staff recommends that finding D cannot be made. Architectural Review: On November 28, 1994, the Planning Commission initially approved the Egyptian themed amusement park. At that time there were no code provisions regulating its design. The City has recently approved design guidelines for the purpose of providing direction to applicants that will result in projects with the highest quality that will further enhance the existing character of the community. The project is inconsistent with the following policies contained in the guidelines: 1) Fit buildings into their context, including architectural style, massing and proportion. This should not be interpreted as advocating the limitation of existing styles (I-20). 1 Merriam-Webster.com

5 2) Create designs that include true architectural style(s) that have a timeless quality rather than trendy designs that become dated. If a specific style of architecture is to be used (Mediterranean, Spanish/Mission, Craftsman), the design of project shall look authentic in building materials and detail window details. Avoid the mixing of architectural styles (I-19). Staff is indicating that the project conflicts with these policies as the sunglasses are a significant departure from the Egyptian themed architecture of the main pyramid building. ENVIRONMENTAL REVIEW The project has been determined to exempt from further environmental review pursuant to Section 15301(e) of the CEQA Guidelines. This section consists of alterations to existing facilities involving negligible or no expansion of use beyond that existing at the time of the lead agency s determination. Subsection e includes additions to existing structures provided that the addition will not result in an increase of more than 50 percent of the floor area of the structure before the addition, or 2,500 square feet, whichever is less. The project consists of a minor modification to the façade of the main pyramid building and is therefore consistent with this section. RECOMMENDATION Staff recommends that the Planning Commission deny Revision No. 1 to Conditional Use Permit No. 963 based on the findings indicated below. Should the Planning Commission wish to approve the project, staff recommends that the Planning Commission provide staff with the appropriate findings, and continue the item to the meeting of July 10, 2012, to allow staff the opportunity to revise the findings. MOTIONS Environmental motion I move that the Planning Commission find that Revision No. 1 to Conditional Use Permit No. 963 is exempt from the provisions of the California Environmental Quality Act (CEQA) Guidelines. Conditional Use Permit I move that the Planning Commission deny Revision No. 1 to Conditional Use Permit No. 963 because the proposed development is not appropriate at the proposed location; the park was designed to portray an Egyptian theme by incorporating various Egyptian elements, symbols, colors, water features/

6 fountains, materials of construction and architectural design and the addition of the sunglasses pose too great of a contrast to the existing architecture. In addition, the sunglasses bring a modern element to the park which is a significant departure from the ancient Egyptian theme.