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HomeMy WebLinkAbout2005-21• KO -7/19/05 RESOLUTION NO. 2005-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2005-08 AS CONDITIONED TO ALLOW A PRIMARY SIGN THAT EXCEEDS THE MAXIMUM ALLOWABLE SIZE (SIGN A) AND TO ALLOW ONE ADDITIONAL SIGN THAT EXCEEDS THE MAXIMUM ALLOWABLE SIZE AND LETTER HEIGHT (SIGN B) FOR THE PROPERTY LOCATED AT 1010 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 2005-08, to allow four variances from the zoning code to allow a primary sign that exceeds the maximum allowable size (Sign A) and to allow one additional sign that also exceeds the maximum allowable size and letter height (Sign B) for the • Northgate Gonzalez Market located at 1010 South Main Street. The four variances are as follows: Variance No. 2005-08 (A1) to exceed the allowable size of a sign. 2. Variance No. 2005-08 (B1) to allow a second wall sign. 3. Variance No. 2005-08 (B2) to exceed the allowable size of a sign. 4. Variance No. 2005-08 (B3) to exceed the maximum letter height of a sign. B. Variance No. 2005-08 came before the Planning Commission on June 13, 2005 for a duly noticed public hearing. The Planning Commission closed the public hearing and continued the matter to July 11, 2005. C. The Planning Commission determines that for Variance No. 2005-08 (Sign A & B) 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 Resolution No. 2005-21 Page 1 of 3 variance with the intent and purpose of the provisions of this chapter. Because of the size of the development, which is generally larger than the typical development facing Main Street, and because of its corner location, the strict application of the zoning code deprives the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of Chapter 41. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The variance for signage is necessary to preserve and enjoy the right to provide business identification that is proportional to the building's signable area and size for a building that faces an arterial street. 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 for signage will not be detrimental to the public welfare or injurious to surrounding • property as conditioned. The proposed signs are in scale and proportion to the size of the development on the site. In addition, the removal of the three existing cabinet signs will reduce the clutter and sign blight, and provide a positive impact along the South Main Commercial District. 4. That the granting of the variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the General Plan of the City in any way as the land use designation of General Commercial (GC) allows signage in conjunction with the permitted uses in the land use designation. D. In accordance with the California Environmental Quality Act (Title 14 of the California Code of Regulations, Section 15311), the recommended action is exempt from further review. The Class 11 exception allows for the construction of minor structures, such as on-premise signs, which are appurtenant to existing commercial facilities. Categorical Exemption Environmental Review No. 2004-207 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting . the public hearing hereby approves Variance No. 2005-08 as conditioned in Exhibit A attached hereto and incorporated herein as though fully set forth. This decision is Resolution No. 2005-21 Page 2 of 3 based upon the evidence submitted at the abovesaid hearing, 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. ADOPTED this 11th day of July, 2005 by the following vote: AYES: Commissioners: Cribb, De La Torre, Gartner, Lutz, Mondo, Nalle (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Leo (1) ABSTENTIONS: Commissioners: None (0) ~~ Gle Mondo Chai erson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Kylee O. tto Assistant' ity Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2005-21 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on ~ ~ , 2005. Date: ~S Clerk of the Planning Commission City of Santa Ana Resolution No. 2005-21 Page 3 of 3 • Conditions for Approval for Variance No. 2005-08 Variance No. 2005-08 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 rior 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. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2004-76. 2. 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 the variance must be amended. 3. The maximum size of Sign A, (facing Cubbon Street) shall be 82 square feet. 4. The maximum size of Sign B, (facing Main Street) shall be 120.4 square feet. 5. The maximum letter height of Sign B shall be thirty (30) inches. 6. The maximum size of the logo of Sign B shall be four-feet, six-inches in height by seven-feet, six-inches in length. 7. Applicant shall obtain a license agreement for the building facade (and sign) encroachment into the public Right-of-Way. Variance No. 2005-08 (B1), (B2) and (B3) shall only be valid and in effect so long as the license agreement remains in effect. r: Exhibit "A"