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HomeMy WebLinkAboutRESO 2019-26_1904 W FIRST STREET (MONUMENT SIGN)LS 6.10.19 RESOLUTION NO. 2019-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2019-01 AS CONDITIONED TO ALLOW AN ADDITIONAL MONUMENT SIGN AT 1904 WEST FIRST STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Ben Steckler with Fiedler Group, representing 7-Eleven, Inc. ("Applicant'), is requesting approval of Variance No. 2019-01 as conditioned, to allow one additional monument sign at 1904 West First Street. B. Santa Ana Municipal Code ("SAMC") Section 41-862 limits the number of freestanding signs a property can have based on the sites street frontage. The applicant is requesting approval of a variance to allow one additional monument sign on -site. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the variance for this project as set forth by the SAMC. D. On May 13, 2019 and June 10, 2019, the Planning Commission held a duly noticed public hearing for Variance No. 2019-01. E. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant Variance No. 2019-01 for one additional monument sign, have been established: 1. That because of special circumstances applicable to the subject property, including - size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. There are special circumstances related to the location of the property. The property is located at the southwest corner of First Street and Daisy Avenue. Pursuant to State Business and Profession Code (BPC) Section 13531, Resolution No. 2019-26 Page 1 of 6 businesses selling motor vehicle fuel to the public are required to display the fuel price per gallon, liter, or other unit of measurement, the trademark or brand of the fuel, the word gasoline or the name of other fuel, and the grade designation of the fuel. Such signage is required to be clearly visible from the street adjacent from the premises and if the property is located at an intersection, such signage needs to be clearly visible from each street intersection. In order to comply with the State's regulations, the Applicant is proposing to install one monument sign along First Street to allow visibility for motorists traveling east and west on First Street, and one monument sign along Daisy Avenue to allow visibility for motorists traveling north and south on Daisy Avenue. 2. That the granting of a variance is necessary for the preservation and enjoyment of one (1) or more substantial property rights. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. The additional monument sign is necessary in order to increase visibility and comply with the State regulations. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be detrimental to the public or surrounding properties. The additional monument sign will be consistent with other monument signs in the general area. The monument sign will not incorporate any flashing or moving elements that may distract motorists. Additionally, the structure of the sign is designed to be consistent with the materials and color schemes of those used in the facades of the buildings in the development. 4. That the granting of a variance will not adversely affect the General Plan of the city. The variance for one additional monument sign will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use designation which allows for commercial uses such as retail, service and eating establishments. The project is consistent with several goals and policies of the General Plan, including the Economic Development Element and Land Use Element. Land Use Element Goal 1 promotes a balance of land uses to address basic community needs. Policy 1.10, encourages the location of commercial centers at arterial roadway intersections in Resolution No. 2019-26 Page 2 of 6 commercial districts. The project will provide for a new convenience store and service station along a major corridor. Land Use Element Goal 2 promotes land uses that enhance the City's economic and fiscal viability. Policy 2.8, promotes rehabilitation of commercial properties, and encourages increased levels of capital investment. Policy 2.9, supports developments that create a business environment that is safe and attractive. Policy 2.3 encourages the development of mutually beneficial and supportive business clusters within the community. Section 2. In accordance with the California Environmental Quality Act, a Mitigated Negative Declaration (Environmental Review No. 2017-140) and a Mitigation Monitoring and Reporting Program was prepared for this project. The Planning Commission has reviewed and considered the information contained in the Initial Study/Mitigated Negative Declaration ("IS/MND") and administrative record for the Project, including all oral and written comments received during the comment period. Based on the foregoing, the Planning Commission recommends that the City Council find that the IS/MND contains a complete and accurate reporting of the environmental impacts associated with the Project, has been completed in compliance with CEQA, and reflects the independent judgment of the City. The Planning Commission further recommends that the City Council find that all environmental impacts of the Project are either less than significant or can be mitigated to a level of less than significant pursuant to the mitigation measures outlined in the IS/MND and the Mitigation Monitoring and Reporting Program ("MMRP"). The Planning Commission further recommends that the City Council find that there is no substantial evidence in the administrative record supporting a fair argument that the Project may result in significant environmental impacts. On these bases, the Planning Commission recommends that the City Council adopt and approve the IS/MND and MMRP. Any project approvals issued by the Planning Commission in this Resolution shall not become effective unless and until the City Council adopts and approves the IS/MND. Section 3. Variance No. 2019-01 shall not be effective unless and until the City Council reviews and approves Amendment Application No. 2019-02 and the Mitigated Negative Declaration, Environmental Review No. 2017-140. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then this variance shall be null and void and have no further force and effect. Section 4. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, Resolution No. 2019-26 Page 3 of 6 departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 5. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No. 2019-01, as conditioned in Exhibit A, attached hereto and incorporated herein, which approval is fully contingent upon the City Council's consideration and certification of the MND prepared for the project and approval of Amendment Application No. 2019-02. In the event that the City Council does not certify the MND, any approvals granted in this Resolution shall be null and void. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: The Request for Planning Commission Action dated May 13, 2019 and June 10, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this loth day of June, 2019. AYES: Commissioners: Alderete, Benavides Cano Contreras -Leo, McLoughlin, Nguyen, Rivera (7) NOES: Commissioners: None. ABSENT: Commissioners: None. ABSTENTIONS: Commissioners: None. Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: v Lisa Storck Assistant City Attorney Resolution No. 2019-26 Page 4 of 6 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-26 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 10, 2019. Date: �( CR�(,� �✓Lj1 Recording Secretary City of Santa Ana Resolution No. 2019-26 Page 5 of 6 EXHIBIT A u" Conditions of Approval for Variance No. 2019-01 Variance No. 2019-01 to allow one additional monument sign at a 7-Eleven convenience store is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this variance. The Applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. 1. This approval is to allow a 2,480 square foot convenience store (7-Eleven) with an 810 square foot gas station canopy with four fuel pumps that will operate 24 hours per day, seven days a week. 2. All proposed site improvements must conform to Development Project Review (DP No. 2017-38) and the staff report exhibits. 3. The applicant shall comply with the Mitigations Measure within the Mitigation Monitoring and Reporting Program prepared for the project. 4. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the variance must be amended. 5. Applicant shall comply with the Conditions of Approval outlined in Conditional Use Permit No. 2019-12. 6. The proposed monument signs shall comply with the regulations outlined in Section 41-862 of the SAMC, unless otherwise stated below. The monument signs shall be architecturally compatible with the proposed convenience store and include a stone base. a. The monument sign along First Street shall not exceed six feet in overall height and the overall height plus the overall width shall not exceed 16 linear feet. The sign area of the monument sign shall not exceed 45 square feet. The project address shall be located on the monument base of the monument sign. b. The monument sign along Daisy Avenue shall not exceed four feet in overall height and the overall height plus the overall width shall not exceed 15 linear feet. The sign area of the monument sign shall not exceed 30 square feet. Resolution No. 2019-26 Page 6 of 6