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Home My WebLink About31A - 100 SOUTH MAIN REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: CITY COUNCIL MEETING DATE: JANUARY 2, 2007 TITLE: VARIANCE NO. 2006-14 TO VARY FROM THE SIGN CODE AND ALLOW AN ADDITIONAL WALL SIGN ON THE NORTH ELEVATION OF ORIGINAL MIKE'S RESTAURANT AT 100 SOUTH MAIN STREET ~- CAR,"OU Zl?i};!Z= CITY MANAGER APPROVED D As Recommended D As Amended D Ordinance on 1 sl Reading D Ordinance on 20d Reading D Implementing Resolution D Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Receive and file the staff report approving Variance conditioned and revocation of Variance No. 2004-07 (E) sign on the east elevation and Variance No. 2004-07 (F) wall sign on the west elevation. No. for for 2006-14 as the cabinet the painted PLANNING COMMISSION ACTION On December 11, 2006, the Planning Commission approved Variance No. 2006- 14 as conditioned by a vote of 4:0 (Leo absent, Betancourt abstained) to allow an individual channel letter wall sign on the north elevation of Original Mike's Restaurant in the Specific Development No. 72 (SD-72) zoning district at 100 South Main Street. The Planning Commission added a condition of approval that requires all restoration of the building, specifically all holes in the brick that resulted from the installation of signage, be done per the Secretary of Interior Standards and that the Planning Division approve the restoration (Exhibit A) . FISCAL IMPACT There is no fiscal impact associated with this action. ~ ~~evino Executive Director Planning & Building Agency VF:rb vf\reports\va06-14.cc 31A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: DECEMBER 11, 2006 TITLE: PUBLIC HEARING - FILED BY CARIBOU INDUSTRIES FOR VARIANCE NO. 2006-14 TO VARY FROM THE SIGN CODE AND ALLOW AN ADDITIONAL WALL SIGN ON THE NORTH ELEVATION OF ORIGINAL MIKE'S RESTAURANT AT 100 SOUTH MAIN STREET APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO Prepared by Vince Fregoso ~A - 'Executive Director KO^tM- ~ Planning Manag RECOMMENDED ACTION Adopt a resolution approving Variance No. 2006-14 as conditioned. DISCUSSION Request of Applicant Caribou Industries is requesting approval of a variance from the Santa Ana Municipal Code (SAMC) in order to allow an individual channel letter wall sign on the north elevation of Original Mike's Restaurant located at 100 South Main Street. Property Description The project site is a 1. 7-acre, square shaped parcel of land that is located at 100 South Main Street. The parcel encompasses a city block bounded by First Street to the north, Walnut Street to the south, Main Street to the east and Sycamore Street to the west. The site contains the 14,765 square foot United Automotive building that has been designated as a Contributive property on the Santa Ana Register of Historic Properties. A total of 156 parking stalls are provided for this project. The zoning designation for the site is Specific Development No. 72 (SD- 72), consistent with the General Plan land use designation of District Center (DC). The site is surrounded by commercial uses to the north, east and west, and commercial and residential to the south (Exhibits 1 and 2) . EXHIBIT A 31A-2 Variance No. 2006-14 December 11, 2006 Page 2 Project Description Caribou Industries is requesting approval to install an individual channel letter wall sign on the north elevation of Original Mike's restaurant (Exhibit 3). The proposed sign will be approximately three feet six inches in height and will be 29 feet in length. The sign will protrude approximately six inches from the wall and will have a clear acrylic face that will allow the interior neon tubing to be visible. The proposed sign will be identical to the recently installed sign on the east elevation (Exhibit 4) . Analysis of the Issues In February 2005, the City Council approved Variance No. 2004-07, which granted 10 variances for six new signs for Original Mike's Restaurant. The variances allowed the installation of signage that included oversized painted wall signs with the restaurant slogan on the south and west elevations, a double-sided marquee sign that identifies the name of the restaurant and upcoming events on the north elevation, a restaurant projecting sign and a cabinet sign that is used to identify the residential studio units on the east elevation, and a restaurant monument sign on the northwest corner of the site. Further, a seventh sign was installed in August 2006 that consists of individual channel letters. This wall sign, installed on the east elevation, was permitted by the sign code. The applicant is now requesting approval of a variance to install an eighth sign, an individual channel letter sign on the north elevation of the restaurant that will be identical to the recently installed sign. The variance is from Section 41-865(a) of the SAMC, which allows marquee signs provided no wall, canopy or projecting signs are installed on the same elevation. As Variance No. 2004-07 was granted to allow a marquee sign with changeable copy on the north elevation, a variance is necessary to install the proposed "Original Mike's Restaurant" wall sign on the north elevation. This sign is intended to assist in the overall identification of the restaurant. The sign code allows either a wall or marquee sign on the north elevation as it aims to minimize visual clutter and blight on buildings located on commercial corridors. Given that this building has been recently remodeled, and several other signs for this business currently exist, an additional sign with the same message as the other signage could be considered excessive. Also, the number of signs currently on the building (six) could also be considered sufficient to identify the use (Exhibit 5). 31A-3 Variance No. 2006-14 December 11, 2006 Page 3 At the November 27, 2006 Planning Commission public hearing, several issues were raised that resulted in the Planning Commission continuing the item. Specifically, the Commission requested additional information regarding ways to install the sign while minimizing damage to the building, the potential of the applicant removing existing signage, the appropriateness of the signage on the elevation, and clarification on the status of the billboards on top of the restaurant. First, staff had discussions with two of the larger sign companies regarding the installation of signage on brick buildings. Both indicated that holes in brick that were caused by signage can be repaired to a level that is almost unnoticeable. They stated that sign companies subcontract brick repair work to masonry contractors, who have the expertise in repairing brick. As the proposed sign will be at least 15 feet above pedestrian level, the eventual repair of the brick will not be noticeable. Second, the applicant took into consideration the comment by the Planning Commission regarding the amount of signage on the building. He has indicated a desire to minimize the potential of visual blight on the building by removing two existing signs. The applicant has agreed to remove two signs: the cabinet sign on the east elevation for the "Artist Studios" and the "Original Mike's" painted wall sign on the west elevation. To formalize this request, the applicant has submitted a letter relinquishing the rights conferred under Variance No. 2004-07 (E) for the cabinet sign and (F) for the painted wall sign. Third, staff analyzed the north building fa9ade in an effort to determine the appropriate level of signage for this elevation. Since the City's sign code generally limits signage to one sign per building elevation, several factors can be considered. First, the length of the elevation (105 feet) is sufficient in size to accommodate multiple signs. Variances have been approved in the past when it was determined that the length of the elevation was sufficient to accommodate additional signage without contributing to visual clutter, including the Target store on West Seventeenth Street and the Albertson's market on South Bristol Street. Second, the overall square footage of the elevation is sufficient to accommodate more than one sign. The north elevation is approximately 3,600 square feet in size, while the existing marquee sign is only 104 square feet. Given the large wall area, an additional sign that is approximately 50 square feet in size would not be considered a proliferation of signs. Finally, the elevation has two distinct facades, one at the northeast corner of the building with a 31A-4 Variance No. 2006-14 December 11, 2006 Page 4 tiled roof, decorative a flat fa9ade further tenant spaces in the signs. balustrades and storefront windows, and the other west. If this building was subdivided into two future, the building would be allowed multiple Finally, questions regarding the two roof mounted billboards were raised by the Commission. The removal of the billboards was part of the sales agreement for the City owned lot currently used as the outdoor patio for the restaurant. The sales agreement required the removal of the billboards but allowed the applicant the ability to apply for a variance to maintain the larger billboard. The billboards have not been removed from the premises as the sales agreement has not been approved by the City Council. However, in conjunction with Variance No. 2004-07, the applicant applied for, and was denied, a variance to allow the larger billboard to be used as signage for the restaurant. Staff has consistently recommended against variance requests for signage which constitute a proliferation of signs. However, given the size and design of the north elevation and the fact that the applicant will be required to remove two previously approved existing signs, this additional sign will not result in a proliferation of signage or visual blight on a building that has been adaptively reused into a high quality building. Therefore, based on the above analysis, staff recommends that the Planning Commission approve Variance No. 2006-14 as conditioned. CEQA Compliance This proj ect was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15311. This Class 11 exemption applies to a project that involves the construction of minor structures accessory to existing commercial buildings including the construction of on-premise signs. Categorical Exemption Environmental Review No. 2006- 177 will be filed for this project. ---z....., Vince Fregos Senior Plann VF:jm vf\reports\va06-14.121106.pc 31A-5 ~~ttj~~~~ P"' t:Jt:Jaf!TIu~\)\\\~~,~' R1 R1 "'PI []:P 0~~8Q P P-3 SP3 SP3 EJ8s:~;(jD~~ '~:~\)~~\\)~~~~~ 5D20 50-20 IPlU U SP3 !fsfflD < \S 0 ~~\) ~"~M2 ~] G 'T:~ D~ ~~;;t1nc? :. 'I: ~~~~~\.~&," ~: GCV;:: o GC,,};] lQL!J~~8~'~'p;'~V3~~ ~~D DD 0 ~.~;;, II;l"I~~I,;;,II~,I~~"''',,,,~ 0 ~2 ~: ~ DO~ol ;;, 1I,;l,,~[::~II;;,II,;;,[:~:::, 02" M2 ~:, ::IJ~[0[1 P ~ P ;tC3'''''IIC3''''''IIC3''''''I@31 l;I5JSD'37I R2 ::IJ~SD55 ~ !!C3-HOI' I C3-<<D<' I~, C3-HOII ~~~I .el M2-HOII o SO-13 SD2 i ~~" ;'3;'" J9-A1 [::'l C3.A C3,A ,;;" c. 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COMMERCIAL-MUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST' VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL CR GC ., M2 MO o P PCD PRD COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT R1 R2 R3 R' RE SD SP SINGLE-FAMILY RESIDENCE TWO-FAMILY RESIDENCE MULTIPLE-FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN ~ \eI VA 06-14 ORIGINAL MIKE'S RESTAURANT 100 SOUTH MAIN STREET Ii- &V - = 500 FEET l' = 1000 FEET P LAN N N G AND B U L D N G AGE N C Y VICINITY MAP EXHIBIT 1 31A-6 COMMERCIAL ~ ~ " IE 8 COMMERCIALI RESIDENTIAL FIRST ~ ~ ~ ~ ;: C c( o a: m '" WALNUT COMMERCIAL ~-~' , , 'dO_ .' --- I- W W a: I- en COMMERCIAL STREET ~ I " " '" ~ ~ ~ Z < " :E STREET ~ ~ " IE ~ 8 VA 06-14 ORIGINAL MIKE'S RESTAURANT 100 SOUTH MAIN STREET ~ ~ " '" ~ ~ ~ o " VACANT ~\ 8Y' P LAN N B U AGE N C Y N G AND LAND USE MAP EXHIBIT 2 31A-7 L 0 N G ~ lD C lD V:l ::w ~ - ~ --l -< ~ o ~ ;? ;z;~ -<-< ~~ l.J..llZi E- 0 -0 U') hm.:" ..i.<l< <;T~r'" - =IF...."'".'. r,'..,"',."""'''''.'''~ -"'..."'.'f"Tf. 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NI'M lHS !!;!llllf ~ ] lih"lH<\ ! r ,r--\\ ~;l ~ '. ,,1 '.Jfr "'~ 0"", ~~ l.L-~ 3; ~ zO 9 co w <.n ...J 0.0 ~~ <{ @J wZ I <.n <>::0.:: I-- <( DO 0 ::l <{t:: ~ 0 :?i<{ &:i~ as~ <{O~ Uu w~u :::Jw co<(o ~~ ~~~ ;:;:;0 :cw 31-- ~~0 UW 2..-a:::~ ~c5 0.00;2 Zt .~~Q owt=~::c<.n ZU~'<TI--3: <{~wZZI.U Vl O-OOZ ~~-DGZo :::J<{~WDlL o<{o<.nv;w {'oJ :itI--S~:::iD ;::::. :::i:~CC2~:f:i!:2 O~Iu... l')Q<!2 u...OI--U:;iVi~z z>-OzOZDuD "I--\--<(_Z-<(;:;:; ;:;:;Ue<:02!:::oW:c .. w w 0 ;;: 0 == e<: U ~~~g:<(~~2~ o z~ -' ~ w I ~ " o :l' N ., cO vi " ~ w o w ~ ~ ~ 5:' ~ ~ w w I ~ '" w w ~ t",_" "-..-,,.-, KO -12/20/06 RESOLUTION NO. 2006-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2006-14 AS CONDITIONED TO ALLOW AN INDIVIDUAL CHANNEL LETTER WALL SIGN ON THE NORTH ELEVATION OF THE PROPERTY LOCATED AT 100 SOUTH MAIN STREET; THE REVOCATION OF VARIANCE NO. 2004-07 (E) FOR THE SIXTEEN (16) SQUARE FOOT CABINET SIGN ON THE EAST ELEVATION AND THE REVOCATION OF VARIANCE NO. 2004-07 (F) FOR THE FORTY-NINE (49) SQUARE FOOT PAINTED WALL SIGN ON THE WEST ELEVATION FOR THE PROPERTY LOCATED AT 100 SOUTH MAIN 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. Applicant is requesting approval of Variance No. 2006-14 to allow an individual channel letter wall sign on the north elevation of Original Mike's Restaurant located at 100 South Main Street. B. Variance No. 2006-14 came before the Planning Commission on November 27,2006 for a duly noticed public hearing. The Planning Commission continued the matter to December 18, 2006. C. Section 41-865(a) of the Santa Ana Municipal Code, allows marquee signs provided no wall, canopy or projecting signs are installed on the same elevation. The subject property currently has a marquee sign on the same elevation that they are requesting the individual channel letter sign. D. The applicant has requested Variance No. 2004-07 (E) for the sixteen (16) square foot cabinet sign on the east elevation and Variance No. 2004-07 (F) for the forty-nine (49) square foot painted wall sign on the west elevation for the property. E. The Planning Commission determines that for Variance No. 2006-14 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: Resolution No. 2006-032 Page 1 of 6 31A-12 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that 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 applicable to the subject property. Due to the location of the building on the corner of a major intersection and the size of the elevation, the installation of additional signage will allow Original Mike's the ability to identify the restaurant. 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 an additional wall sign is necessary to preserve property rights, which allows the restaurant the ability to properly identify the business. 3. 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 additional wall sign will not be detrimental to the area. The existing sign, which is 104 square feet, in conjunction with the proposed 50 square feet sign would not exceed the maximum area allowed by code. Additionally, the proposed wall sign is proposed to be placed on the north elevation, away from any residential uses. Finally, due to the size of the north elevation and the removal of two existing wall signs that were allowed under a previously approved variance, the installation of an additional wall sign will not result in visual clutter on the premises. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the proposed variance will not adversely affect the General Plan of the City. The land use designation of General Commercial (GC) allows signage in conjunction with retail uses. Resolution No. 2006-032 Page 2 of 6 31A-13 F. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15311. This Class 11 exemption applies to a project that involves the construction of minor structures accessory to existing commercial buildings including the construction of on-premise signs. Categorical Exemption Environmental Review No. 2006-177 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby: A. Approves Variance No. 2006-14 as conditioned in Exhibit A attached hereto and incorporated herein. B. Revokes Variance No. 2004-07 (E) for the sixteen (16) square foot cabinet sign on the east elevation. Said revocation shall become effective sixty (60) days from the adoption of this resolution. C. Revokes Variance No. 2004-07 (F) for the forty-nine (49) square foot painted wall sign on the west elevation for the property. Said revocation shall become effective sixty (60) days from the adoption of this resolution. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated November 27, 2006 and exhibits attached thereto; the Request for Planning Commission Action dated December 11, 2006 and exhibits attached thereto and the public testimony all of which are incorporated herein by this reference. ADOPTED this 11th day of December, 2006 by the following vote: AYES: Commissioners: Cribb, De La Torre. Gartner. Lutz (4) None (0) Leo (1) Betancou rt (1 ) NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Harvey De La Torre Vice Chairperson Resolution No. 2006-032 Page 3 of 6 31A-14 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALiTY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2006-32 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 11, 2006. Date: Clerk of the Planning Commission City of Santa Ana Resolution No, 2006-032 Page 4 of 6 31A-15 Conditions for Approval for Variance No. 2006-14 Variance No. 2006-14 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, with all 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. The applicant must comply in full 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. Prior to issuance of a building permit for the new sign, the applicant shall remove the existing "Artist Lofts" cabinet sign from the east elevation and the "Original Mike's" painted wall sign from the west elevation. 2. Prior to issuance of a building permit for the new sign, the applicant shall execute an encroachment permit with the Public Works Agency and City Attorney's office to allow the sign to encroach into the public right-of-way. 3. Prior to issuance of a building permit for the new sign, the applicant shall modify the existing marquee sign in order to comply with the Uniform Sign Code. 4. Any amendment to this variance must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the variance must be amended. 5. Restoration of the building exterior, including the repair of holes in the bricks resulting from the installation of building signage, shall be subject to the provisions of the Secretary of the Interior Standards. All repair or rehabilitation work must be reviewed and approved by the Planning Division. Resolution No. 2006-032 Page 5 of 6 31A-16 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA. COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd, Santa Ana, California 92702. Michael Harrah Caribou Industries 1200 N. Main Street, Suite 900 Santa Ana, CA 92701 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2006-032 Page 6 of 6 31A-17 31A-18