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<br />2. That the granting of a variance is necessary for the preservation <br />and enjoyment of one or more substantial property rights. <br />As indicated above, unique circumstances warrant relief <br />from the sign regulations to ensure this property enjoys <br />substantial property rights, including rights to properly and <br />adequately identify the location of a regional performing arts <br />facility, which rights are presently enjoyed by other similarly <br />situated properties. <br />3. That the granting of a variance will not be materially detrimental to <br />the public welfare or injurious to surrounding property. <br />The granting of the variance for signage will not be <br />detrimental to the public welfare or injurious to surrounding <br />property as conditioned. The proposed signs are of high <br />quality materials, and are architecturally compatible with the <br />modern design of the building. In addition, the removal of <br />the existing roof sign will lessen the clutter and sign blight <br />and provide a positive impact along Midtown. <br />4. That the granting of the variance will not adversely affect the <br />General Plan of the City. <br />r~ <br />~~ <br />The granting of the variance will not adversely affect the <br />General Plan of the City in any way as the land use <br />designation of District Center (DC) and Professional and <br />Administrative Offices (PAO) allows signage in conjunction <br />with the permitted uses in the land use designation. <br />E. In accordance with the California Environmental Quality Act, the <br />recommended action is exempt from further review. Categorical Exemption <br />Environmental Review No. 2004-184 will be filed for this project. <br />• <br />Section 2. The Planning Commission of the City of Santa Ana after conducting <br />the public hearing hereby: <br />1. Approves Variance No. 2004-10 (B1) for Sign No. B; (C1) for Sign No. C; <br />(D1) for Sign No. D; (D2) for Sign No. D; (D3) for Sign No. D; (D4) for Sign <br />No. D; (D5) for Sign No. D; and (E1) for Sign No. E as conditioned. The <br />Conditions are attached hereto as Exhibit A and incorporated herein as <br />though fully set forth. <br />2. This decision is based upon the evidence submitted at the abovesaid <br />hearing, which includes but not is not limited to: the Staff reports and <br />exhibits attached thereto; and the public testimony all of which are <br />incorporated herein by this reference. <br />Resolution No. 2004-50 <br />Page 3 of 4 <br />