Loading...
HomeMy WebLinkAboutRESO 2021-13_3630 WESTMINSTER AVENUEjmf 6-7-21 Resolution No. 2021-13 Page 1 of 6 RESOLUTION NO. 2021-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2021-01, AS CONDITIONED, TO ALLOW CONSTRUCTION OF A 72-SQUARE FOOT PROJECTING SIGN FOR THE ARTE WEST MIXED-USE DEVELOPMENT LOCATED AT 3630 WESTMINSTER AVENUE 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. Aubrey Kelly (Applicant) is requesting approval of Variance No. 2021-01 for the installation of a 72-square-foot projecting sign for the Arte West at the property located at 3630 Westminster Avenue. B. Santa Ana Municipal Code (SAMC) Section 41-864 limits the size and location of a projecting sign. The Applicant is requesting a variance to allow an increase of sign height, copy, face and placement, as the subject site is an irregular shaped lot and the main entrance to the development is obstructed by an overpass bridge. 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 June 14, 2021, the Planning Commission held a duly noticed public hearing for Variance No. 2021-01. E. The Planning Commission determines that for Variance No. 2021-01 the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41-638 in order to grant a variance from the provisions of the Santa Ana Municipal Code, 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 provision of this chapter. The project site has special circumstances related to size, shape, and surroundings. The site is located on the south side of Westminster Avenue and east of Harbor Boulevard. As Westminster Avenue is a major arterial street, vehicles jmf 6-7-21 Resolution No. 2021-13 Page 2 of 6 travel at higher speeds than local streets. With one driveway entrance from Westminster Avenue serving the development, adequate and proportional building signage is imperative for the development’s continued success. Additionally, an overpass bridge for the OC Streetcar limits the visibility of the existing sign and development for westbound traffic. Allowing the proposed sign to exceed size and sign placement above the ground floor will promote improved visibility for the site. The subject site is also irregularly shaped with limited street frontage along Westminster Avenue in comparison to other mixed-use developments in the Harbor Corridor Specific Plan. Approval of the variance is necessary for adequate identification of the development. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. The ability to provide adequate signage will allow for long- term viability of the mixed-use development. The proposed sign ensures improved visibility of the site and entrance identification to the only driveway serving the site along Westminster Avenue. 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 sign will be halo illuminated between the hours of 4:00 p.m. and 10:00 p.m. The sign will not incorporate any flashing or moving elements that may distract motorists or passersby. Moreover, an overpass bridge obstructs visibility of the existing sign and site for westbound traffic. The proposed sign size and location above the ground floor will increase site identification allowing vehicles to safely enter the site. 4. That the granting of a variance will not adversely affect the General Plan of the City. The project will not adversely affect the General Plan as the proposed signage is consistent with several goals of the General Plan. Approval of the variance supports Policies 2.7 and 2.8 (to promote land uses which enhance the City’s economic and fiscal viability) and Policies 4.3, 4.4, and 4.5 of jmf 6-7-21 Resolution No. 2021-13 Page 3 of 6 the Land Use Element (to protect and enhance development sites that are unique community assets). In addition, approval of the variance is consistent with the intent and purpose of Goals 1 and 2 of the Urban Design Element (to improve the physical appearance of the City through creating a sense of place, positive community image, and quality environment, and to improve the physical appearance of the City through development that is proportional and aesthetically related to its district setting). Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities). Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Based on this analysis, a Notice of Exemption, Environmental Review No. 2021-36, will be filed for this project. Section 3. 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, and other and 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, 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 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 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Variance No. 2021-01, as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 3630 Westminster Avenue. This decision is based upon the evidence submitted at the above- referenced hearing, including but not limited to: The Request for Planning Commission jmf 6-7-21 Resolution No. 2021-13 Page 5 of 6 EXHIBIT A Conditions of Approval for Variance No. 2021-01 Variance No. 2021-01 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, it 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. Planning Division 1. 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. 2. Applicant will be responsible for regular maintenance of the projecting sign, and all other signage provided on-site. 3. All on-site improvements shall be completed prior to the issuance of the building permit for the sign. 4. The projecting sign may only be illuminated between the hours of 4:00 p.m. and 10:00 p.m. daily, and a shutoff component shall be provided for hours outside this timeframe. 5. Prior to permit issuance for the sign, a Property Maintenance Agreement shall be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the jmf 6-7-21 Resolution No. 2021-13 Page 6 of 6 construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses; c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e) If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms; f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement; g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City.