HomeMy WebLinkAbout2003-009 - Denying Variance No. 2002-12RESOLUTION NO. 2003-009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA DENYING VARIANCE NO. 2002-12 FOR THE
PROPERTY LOCATED AT 762 SOUTH BRISTOL STREET
(APPEAL NO. 2002-05)
Kdo/1/15/03
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
Applicant is requesting Variance No. 2002-12 to allow two internally
illuminated cabinet wall signs on the east and south building elevations for
the property located at 762 South Bristol Street.
Variance No. 2002-12 came before the Planning Commission of the City
of Santa Ana for a duly noticed public hearing on November 25, 2002.
After conducting the public hearing, the Planning Commission by a vote of
5:1 (Nalle opposing, Mondo absent) voted to deny Variance No. 2002-12.
Applicant appealed the Planning Commission decision to the City Council
of the City of Santa Ana.
On January 21, 2003 the City Council of the City of Santa Ana conducted
a public hearing on Variance No. 2002-12 (Appeal No. 2002-05).
The City Council of the City of Santa Ana determines that the following
findings, which must be established in order to grant a variance from the
provisions of the Santa Ana Municipal Code, have not been established:
That because of special cimumstances 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 no special circumstances applicable to the subject
property. The variance to allow two cabinet wall signs on the
east and south elevation is not necessary in order to allow
this property to be utilized in a manner that is consistent with
similar surrounding commercial uses.
Resolution No. 2003-009
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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 for wall signs is not necessary
to preserve property rights, as the tenant will maintain the
ability to install channel letter wall signs, therefore allowing
the ability to identify the business.
That the granting of a variance will not be materially detrimental to
the public welfare or injurious to surrounding property.
The granting of a variance for the wall signs will be
detrimental to the area by allowing internally illuminated
cabinet signage on the site that will contribute to adverse
aesthetic impacts along Harbor Boulevard. In an effort to
improve the overall aesthetics and reduce sign blight along
one of the major arterial streets, it is critical to only permit
wall signs that fully comply with code.
That the granting of a variance will not adversely affect the General
Plan of the City.
The granting of Variance No. 2002-12 will adversely affect the
General Plan of the City. The proposed sign variance is not
consistent with the desire to improve the overall aesthetics of
the City and reduce sign blight along this critical major
arterial corridor in violation of policies 2.5 and 2.8 from the
Land Use Element as well as Policy 2.13 from the Urban
Design Element.
The Mitigated Negative Declaration and Monitoring Program,
Environmental Review No. 01-126 was approved and adopted by the
Planning Commission on November 25, 2002 in the resolution for
approval for Conditional Use Permit No. 2002-25.
Section 2. The City Council of the City of Santa Ana after conducting the
public hearing hereby denies Variance No. 2002-12 (Appeal No. 2002-05). This decision
is based upon the evidence submitted at the abovesaid hearing, which includes but not
is not limited to: the Staff report and exhibits attached thereto; and the public testimony
all of which are incorporated herein by this reference.
Section 3. This decision rendered by the City Council of the City of Santa Ana
is final and is subject to judicial review pursuant to California Code of Civil Procedure
section 1094.6.
ADOPTED this 21st day of January, 2003.
Resolution No. 2003-009
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APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
,,Benji~m n Ka~¢man
,,' Chief Assistant City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers:
Alvarez, Bist, Christy, Franklin, Garcia, Pulido,
Solorio (7)
Councilmembers:
Councilmembers: None (0)
Councilmembers: None (0)
None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2003-009 to be the original resolution adopted by the City
Council of the City of Santa Ana ~-n January 21,200~.
" - Clerk of the Council ~'
City of Santa Aha
Resolution No. 2003-009
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