HomeMy WebLinkAbout55C - 100 SOUTH MAIN ST.
REQUEST FOR
COUNCIL ACTION
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CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
FEBRUARY 7, 2005
TITLE:
VARIANCE NO. 2004-07 TO PROVIDE
EXCEPTION FROM VARIOUS PROVISIONS
OF THE SIGN CODE FOR ORIGINAL
MIKE'S RESTAURANT AT 100 SOUTH MAIN
STREET - CARIBOU INDUSTRIES,
APPLICANT
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C Y MANAGER
APPROVED
0 As Recommended
0 As Amended
0 Ordinance on 1st Reading
0 Ordinance on 2nd Reading
0 Implementing Resolution
0 Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
1.
Adopt a resolution denying Variance No. 2004-07 (AI, A2, A3) for Sign
No.1 to disallow a sign not located on a primary elevation,
installed higher than 20 feet on building and containing slogans;
(G1, G2, G3) for Sign No.8 to disallow a sign in excess of one per
building elevation, to disallow a sign containing slogans and
designed as a prohibited cabinet sign; and (I) for Sign No. 10 to
disallow a sign above the roof line.
2.
Adopt a resolution approving Variance No. 2004-07 (B) to allow one
changeable copy sign for Sign Nos. 2 and 3; (C1, C2, C3) for Sign No.
4 to allow a sign exceeding maximum size of 50 square feet, to allow
the painted wall sign above the ground level of the building and to
allow a sign containing a slogan; (D1) to allow the projecting sign
to extend more than four feet, (D2) to allow animated lights and (D3)
to allow a sign exceeding maximum of five words for Sign No.5; (E)
for Sign No.6 to allow a cabinet sign; (F) for Sign No.7 to allow a
sign containing a slogan; and (H) for Sign No.9 to allow a monument
sign containing in excess of the allowed eight items of information
as conditioned.
DISCUSSION
On January 18, 2005, the City Council held a public hearing on the sign
variances for Original Mike's restaurant. After extensive discussions of
the issues, the City Council directed staff to prepare findings and
conditions in support of the applicant's request to allow the "good
cookin, good livin, good eat in" slogan on four signs. As a result, the
findings and conditions of approval have been revised to address the
approval of the slogan.
55C-1
Variance No. 2004-07
February 7, 2005
Page 2
The approval of the variances as recommended will allow the applicant to
construct a total of six signs on the various building elevations, with
the Original Mike's slogan permitted on three painted signs and the
projecting sign. The City Council's and Planning Commission's actions on
the variances have been included in Exhibit 1.
FISCAL IMPACT
There is no fiscal impact associated with this action.
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Executive Director
Planning & Building
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Agency
vf\reports\va04-07.02070S.CC
55C-2
VARIANCE REQUEST SUMMARY TABLE
1 I Wall I North I A2 I 41-863 (d)( 1)
41-863 e 3 Den
2 aOO-3 I Changeable North B I Only permitted on Marquee I Approve
Co
Exceeds maximum size of 50 s uare feet A rove
4 I Wall I South I VL Sign installed higher than 20 feet on Approve
build in
en C3 Restaurant slo an not ermitted A rove
en D1 Pro.ects more than 4 feet from the wall A rove
0 5 Projecting East D2 Incandescent Ii htin rohibited A rove
I 03 Sian exceeds maximum of 5 words Aoorove
W
6 Cabinet East E 41-863 (e)(7) Cabinet signs not allowed Approve
7 Wall West F 41-863 (e)(3) Restaurant slogan not permitted Approve
G1 41-863 (a) Only 1 sign permitted per building Deny
8 I Cabinet I West I elevation
I G2 41-863 e 3 Restaurant sloaan not oermitted
G3 41-863 e 7 Cabinet signs not allowed
9 I Monument I N~~ of H 41-862 (d)(3) Development only, not to exceed 8 items I Approve
sle of information
10 I Roof I Roof I 41-863 (d)(3) Signs not permitted above roofline I Deny
EXHIBIT 1
KO - 2/1/05
RESOLUTION NO. 2005-012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
APPROVING VARIANCE NO. 2004-07 (B) TO ALLOW ONE
CHANGEABLE COPY SIGN AS CONDITIONED FOR SIGN NOS. 2 AND
3; (C1, C2, C3) TO ALLOW THE PAINTED WALL SIGN ABOVE THE
GROUND LEVEL OF THE BUILDING AS CONDITIONED FOR SIGN NO.
4; (D1) TO ALLOW THE PROJECTING SIGN TO EXTEND MORE THAN
FOUR FEET, (D2) TO ALLOW ANIMATED LIGHTS, AND (D3) TO
ALLOW A SIGN EXCEEDING MAXIMUM OF FIVE WORDS FOR SIGN
NO.5; AND (E) FOR SIGN NO.6 TO ALLOW A CABINET SIGN; (F)
FOR SIGN NO.7 TO ALLOW A SIGN CONTAINING A SLOGAN; AND
(H) FOR SIGN NO.9 TO ALLOW A MONUMENT SIGN CONTAINING IN
EXCESS OF THE ALLOWED EIGHT ITEMS OF INFORMATION AS
CONDITIONED AND DENYING VARIANCE NO. 2004-07 (A1, A2, A3)
FOR SIGN NO.1; (G1, G2, G3) FOR SIGN NO.8; AND (I) FOR SIGN
NO. 10 FOR THE PROPERTY LOCATED AT 100 SOUTH MAIN STREET
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:
A.
Applicant is requesting approval of Seventeen (17) variances from the
Santa Ana Municipal Code (SAMC) in order to allow a total of 10 wall,
projecting, roof and changeable copy signs at Original Mike's Restaurant
located at 100 South Main Street.
B.
The Signs proposed by the applicant, and the necessary variances
include:
1.
Sign 1: A 49 square foot painted wall sign (Original Mike's) on
the north elevation. Sign NO.1 is an existing, unpermitted painted
wall sign on the north elevation. Variances are needed to allow the
sign on an exterior wall not used by the restaurant, to allow the sign
to be placed higher than 20 feet on the building, and to allow the
restaurant slogan on the sign.
2.
Sign 2: A 60 square foot changeable copy sign (Event
Calendar) on the north elevation. The Sign Code permits
changeable copy signs provided they are incorporated into a
marquee, which is defined as a permanent projection extending
from the building. Restaurants and banquet facilities throughout
55C-4
Resolution No. 2005-xx
Page 1 of 8
Resolution No. 2005-xx
Page 2 of 8
3.
the City are limited to the identification of the business name, not
changeable copy signs.
Sign 3: A 60 square foot changeable copy sign (Coming
Events) on the north elevation. The Sign Code permits changeable
copy signs provided they are incorporated into a marquee, which is
defined as a permanent projection extending from the building.
Restaurants and banquet facilities throughout the City are limited to
the identification of the business name, not changeable copy signs.
i.
Sign 3 along with Sign 2 has been modified to be a
projecting Marquee sign, as such the variances for Sign 3
have been eliminated, the number reference remains for
tracking purposes.
4.
Sign 4: A 473 square foot painted wall sign (Original Mike's)
on the south elevation. Sign NO.4 requires variances to allow a
473 square foot secondary wall sign, to allow the business slogan
on the sign, and to allow the sign to be placed higher than 20 feet
on the building.
Sign 5: A 35 square foot projecting sign (Original Mike's) on
the east elevation. Sign No.5 requires variances to project more
than four feet from the building, to use incandescent lighting and to
allow the business slogan on the sign.
5.
6.
Sign 6: A 16 square foot cabinet sign (Art Studio) on the east
elevation. This sign requires a variance to allow the installation of a
cabinet sign on the building.
7.
Sign 7: A 49 square foot painted wall sign (Original Mike's) on
the west elevation. A variance is needed to allow the restaurant
slogan on the sign.
8.
Sign 8: A 40 square foot cabinet sign (Original Mike's) on the
west elevation. Variances are needed to allow a cabinet sign, to
allow the restaurant slogan on the sign and to allow more than one
wall sign on the same elevation.
9.
Sign 9: A 27 square foot monument sign (Original Mike's)
painted on the wall on the northwest corner of the site. A variance
is necessary to allow the restaurant slogan on the sign
10.
Sign 10: A 672 square foot roof sign (existing billboard) on the
north portion of the building. Sign NO.1 0 is the larger of two
billboards on the premises, a 672 square foot structure located on the
northern section of the restaurant roof. Since the billboard is intended
to include signage advertising Original Mike's, the billboard is now
55C-5
C.
considered to be a roof sign. Since roof signs are not permitted by
Code, a variance is needed for this sign.
Variance No. 2004-07came before the Planning Commission of the City of
Santa Ana for a duly noticed public hearing on August 23, 2004.
1.
On August 23, 2004, the Planning Commission continued the
matter to September 27,2004.
On September 27, 2004, the Planning Commission referred the
variance regarding changeable copy signage to the Historic
Resources Commission for direction on treating the openings on
the north elevation.
2.
3.
On October 7, 2004 the Historic Resources Commission provided
direction on treating the openings on the north elevation to the
Planning Commission.
4.
On November 22, 2004, after considering the comments from the
Historic Resources Commission and analyzing the revised sign
program, the Planning Commission approved five and denied
twelve variances for Original Mike's Restaurant subject to the
deletion, addition and modification of three conditions.
5.
At its November 22, 2004 meeting by a vote of 4:2 (Mondo and
Sinclair opposed, De La Torre absent) voted to adopt a resolution:
i.
Denying Variance No. 2004-07 (A 1) for Sign NO.1
Denying Variance No. 2004-07 (A2) for Sign No.1
ii.
iii.
Denying Variance No. 2004-07 (A3) for Sign NO.1
Approving Variance No. 2004-07 (8) to allow one
changeable copy sign as conditioned for Signs 2 and 3
iv.
v.
Denying Variance No. 2004-07 (C1) for Sign NO.4
Approving Variance No. 2004-07 (C2) to allow the painted
wall sign above the ground level of the building as
conditioned for Sign NO.4
vi.
vii.
Denying Variance No. 2004-07 (C3) for Sign NO.4
Approving Variance No. 2004-07 (D1) to allow the projecting
sign to extend more than four feet as conditioned for Sign
NO.5
viii.
55C-6
Resolution No. 2005-xx
Page 3 of 8
ix.
x.
xi.
xii.
xiii.
xiv.
xv.
xvi.
xvii.
D.
Approving Variance No. 2004-07 (D2) for Sign No.5
Denying Variance No. 2004-07 (D3) for Sign NO.5
Approving Variance No. 2004-07 (E) for Sign NO.6
Denying Variance No. 2004-07 (F) for Sign NO.7
Denying Variance No. 2004-07 (G1) for Sign No.8
Denying Variance No. 2004-07 (G2) for Sign No.8
Denying Variance No. 2004-07 (G3) for Sign NO.8
Denying Variance No. 2004-07 (H) for Sign NO.9
Denying Variance No. 2004-07 (I) for Sign No. 10
On December 20, 2004, the City Council set this matter for public hearing.
On January 18, 2005 this matter came before the City Council for a duly
noticed de novo public hearing. By a vote of 5:2 (Christy and Solario, No)
the City Council directed staff to prepare findings, and conditions
memorializing the Council's decision.
E.
The City Council determines that for Variance No. 2004-07 (B) to allow
one changeable copy sign as conditioned for sign Nos. 2 and 3; (C1, C2,
C3) to allow the painted wall sign above the ground level of the building as
conditioned for sign No.4; (D1) to allow the projecting sign to extend more
than four feet, (D2) to allow animated lights, and (D3) to allow a sign
exceeding maximum of five words for sign No.5; and (E) for sign NO.6 to
allow a cabinet sign; (F) for sign No.7 to allow a sign containing a slogan;
and (H) for sign No.9 to allow a monument sign containing in excess of
the allowed eight items of information, the following findings, which must
be established 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 provisions of this
chapter.
Resolution No. 2005-xx
Page 4 of 8
Special circumstances exist that necessitate a variance for
the changeable copy sign, projecting sign, Art Studios
cabinet signage, sign slogans and the painted wall sign on
the south elevation. The changeable copy sign will assist in
advertising events planned at the restaurant/banquet facility
55C-7
that were approved by a prior City action. The painted wall
sign with the restaurant slogan above the ground floor of the
building, the cabinet sign and the projecting sign are types of
signs that were common business identification methods
found on other historic buildings. The installation of this
signage will allow Original Mike's the ability to use the
property in a manner that is consistent with similar uses.
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 for the changeable copy sign,
projecting sign, cabinet sign, painted wall sign on the south
elevation and the restaurant slogan will allow the enjoyment
of property rights. The location of the building, at a major
City intersection and at the gateway to the Downtown/Artists
Village, warrants the installation of unique, aesthetically
pleasing signage for the restaurant.
3.
That the granting of a variance will not be materially detrimental to
the public welfare or injurious to surrounding property.
The changeable copy, projecting, cabinet, painted wall sign
on the south elevation and signage with the restaurant
slogan will not be detrimental to the surrounding area as a
condition of approval has been added that will assist in
minimizing the visual clutter found on structures with multiple
signs.
4.
That the granting of a variance will not adversely affect the General
Plan of the City.
The granting of the variance will not adversely affect the
City's General Plan in any way as the land use designation
of District Center (DC) allows signage in conjunction with
restaurant uses in the land use designation.
F.
The Planning Commission determines that for Variance No. 2004-07 (A 1,
A2, A3) for sign No.1; (G1, G2, G3) for sign No.8; and (I) for sign No. 10
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:
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
55C-8
Resolution No. 2005-xx
Page 5 of 8
G.
variance with the intent and purpose of the provisions of this
chapter.
There are no special circumstances applicable to the subject
site that necessitates several sign variances for the
restaurant. The building is situated at a major City
intersection with unobstructed views to the building. Further,
the building is located on two property lines, which provides
direct visual access to the building. Finally, other similar
projects have installed signage that is in compliance with the
Sign Code. Therefore, the strict application of the zoning
code would not deprive the subject property of privileges.
2.
That the granting of a variance is necessary for the preservation
and enjoyment of one or more substantial property rights.
The variance to allow additional wall signage on the north
and west elevations is not necessary to preserve property
rights as the tenant will still maintain the ability to modify the
signage to meet City codes and allow identification of the
business. Further, the building's location at two major
intersections, in conjunction with the approved variances,
allows sufficient signage for the restaurant.
3.
That the granting of a variance will not be materially detrimental to
the public welfare or injurious to surrounding property.
The granting of sign variances may be detrimental to the
area by allowing excessive and large signage on the building
that may contribute to adverse aesthetic impacts along the
corridor.
4.
That the granting of a variance will not adversely affect the General
Plan of the City.
The granting of the variance will not adversely affect the
City's General Plan in any way as the land use designation
of District Center (DC) allows signage in conjunction with
restaurant uses in the land use designation.
In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review. Categorical Exemption
Environmental Review No. 04-188 will be filed for this project.
Section 2. The City Council of the City of Santa Ana after conducting the
public hearing hereby:
Resolution No. 2005-xx
Page 6 of 8
55C-9
1.
Approves Variance No. 2004-07 (B) to allow one changeable copy sign as
conditioned for sign Nos. 2 and 3; (C1, C2, C3) to allow the painted wall
sign above the ground level of the building as conditioned for sign No.4;
(D1) to allow the projecting sign to extend more than four feet, (D2) to
allow animated lights, and (D3) to allow a sign exceeding maximum of five
words for sign No.5; and (E) for sign No.6 to allow a cabinet sign; (F) for
sign NO.7 to allow a sign containing a slogan; and (H) for sign No.9 to
allow a monument sign containing in excess of the allowed eight items of
information as conditioned. The Conditions are attached hereto as Exhibit
A and incorporated herein as though fully set forth.
Denies Variance No. 2004-07 (A1, A2, A3) for Sign No.1; (G1, G2, G3)
for Sign No.8; and (I) for Sign NO.1 O.
This decision is based upon the evidence submitted at the abovesaid
hearings, which includes but not is not limited to: the Staff reports and
exhibits attached thereto; and the public testimony all of which are
incorporated herein by this reference.
Attached hereto and incorporated as though fully set forth herein is Exhibit
B, a matrix summarizing the signs, the variances and the action taken by
City Council.
2.
3.
4.
ADOPTED this
day of
,2005
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee O. Otto
Assistant City Attorney
AYES:
Councilmembers
55C-1 0
Resolution No. 2005-xx
Page 7 of 8
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers
Councilmembers
Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2004-012 to be the original resolution adopted by the City
Council of the City of Santa Ana on
Date:
Resolution No. 2005-xx
Page 8 of 8
Clerk of the Council
City of Santa Ana
55C-11
Conditions for Approval for Variance No. 2004-07
Variance No. 2004-07 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 Uniform Fire Code, the Uniform Building 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.
A.
Plannina Division
1.
The proposed title block on the changeable copy sign shall be limited to a
maximum of five items of information.
2.
Submit detailed plans of the marquee sign to the Planning Manager for
review and approval.
B.
Public Works Aaencv
1.
An encroachment agreement between the City and the property owner to
allow the projecting sign to encroach over Main Street (Sign No.5) and
marquee sign over First Street (Signs No.2 and 3) must be submitted prior
to issuance of a building permit for the signs.
Exhibit "A"
55C-12
55C-13
VARIANCE SUMMARY TABLE
A1 41-863 (a) Sign not located on a
rima elevation
Sign installed higher Deny
1 Wall North A2 41-863 (d)( 1 ) than 20 feet on
buildin
A3 41-863 (e)(3) Restaurant slogan not Deny
permitted
2 Changeable Only permitted on
aM North B 41-865 (d) Approve
ð Copy ~ Marquee
C1 41-863 (b )(2) Exceeds maximum Approve
size of 50 s uare feet
C2 41-863 (d)(1) Sign installed higher Approve
4 Wall South than 20 feet on
buildin
C3 41-863 (e)(3) Restaurant slogan not Approve
ermitted
D1 41-864 (c)(4) Projects more than 4 Approve
feet from the wall
5 Projecting East D2 Incandescent lighting Approve
rohibited
D3 Sign exceeds Approve
maximum of 5 words
6 Cabinet East E 41-863 (e)(7) Cabinet signs not Approve
allowed
7 Wall West F 41-863 (e)(3) Restaurant slogan not Approve
ermitted
G1 41-863 (a) Only 1 sign permitted Deny
er build in elevation
8 Cabinet West G2 41-863 (e)(3) Restaurant slogan not Deny
ermitted
G3 41-863 (e)(7) Cabinet signs not Deny
allowed
NWC of Development only, not
9 Monument site H 41-862 (d)(3) to exceed 8 items of Approve
information
10 Roof Roof 41-863 (d)(3) Signs not permitted Deny
above roofline
Exhibit uB"
55C-14