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HomeMy WebLinkAbout2004-50• RESOLUTION NO. 2004-50 KO - 12/21 /04 A RESOLUTION OF THE. PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2004-10 TO ALLOW MULTIPLE VARIANCES FROM THE SIGN CODE FOR THE PROPERTY LOCATED AT 801 NORTH 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 eight (8) variances from the Santa Ana Municipal Code (SAMC) in order to allow a total of four (4) signs at 801 North Main Street. B. The Signs proposed by the applicant, and the necessary variances include: • 1. Sign B is a wall sign with three-foot, four inch high internally illuminated reverse channel letters and an 11-inch high internally illuminated reverse cabinet sign. A variance is needed to allow the internally illuminated cabinet component of the sign. 2. Sign C is a wall sign with three-foot, four inch high internally illuminated reverse channel letters and an 11-inch high internally illuminated reverse cabinet sign. A variance is needed to allow the internally illuminated cabinet component of the sign. 3. Sign D is located on the north elevation and is composed of a 16- inch high internally illuminated reverse cabinet sign above five-foot high internally illuminated reverse channel letters. However, in addition to a variance for the cabinet component of the sign, Sign D will also require variances for its proposed location and size. 4. Sign E is a wall signs with three-foot, four inch high internally illuminated reverse channel letters and an 11-inch high internally illuminated reverse cabinet sign. A variance is needed to allow the internally illuminated cabinet component of the sign. 5. The applicant withdrew his application for Sign A. • Resolution No. 2004-50 Page 1 of 4 C. On September 27, 2004, the Planning Commission held a duly noticed • public hearing and continued the hearing to October 11, 2004. 1. On October 11, 2004, the Planning Commission continued the hearing to October 25, 2004. 2. On October 25, 2004, the Planning Commission further continued the public hearing to November 22, 2004. 3. On November 22, 2004 the Planning Commission continued the public hearing to December 13, 2004. D. The Planning Commission determines that for Variance No. 2004-10 (B1) for Sign No. B; (C1) for Sign No. C; (D1) for Sign No. D; (D2) for Sign No. D; (D3) for Sign No. D; (D4) for Sign No. D; (D5) for Sign No. D; and (E1) for Sign No. E 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. 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 substantial property rights, which rights are enjoyed by other similarly situated properties. More specifically, visibility of the subject building is blocked by structures on an adjacent property. Further, the existing building on the subject site has the height of a three-story building but is only atwo-story building, thus sign height standards unnecessarily constrain the placement of signs on the building's walls in that they would be awkwardly located. Further, the proposed performing arts use is of a regional nature, which nature necessitates sufficient and additional sign visibility to adequately serve the motoring public. Finally, the design of the proposed cabinet signs, which incorporates an internally illuminated reverse cabinet design, is of extraordinary quality. The prohibition on cabinet signs was primarily focused on inexpensive, plastic and sheet metal cabinet boxes. • Resolution No. 2004-50 Page 2 of 4 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. As indicated above, unique circumstances warrant relief from the sign regulations to ensure this property enjoys substantial property rights, including rights to properly and adequately identify the location of a regional performing arts facility, which rights are presently enjoyed by other similarly situated properties. 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 of high quality materials, and are architecturally compatible with the modern design of the building. In addition, the removal of the existing roof sign will lessen the clutter and sign blight and provide a positive impact along Midtown. 4. That the granting of the variance will not adversely affect the General Plan of the City. r~ ~~ The granting of the variance will not adversely affect the General Plan of the City in any way as the land use designation of District Center (DC) and Professional and Administrative Offices (PAO) allows signage in conjunction with the permitted uses in the land use designation. E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption Environmental Review No. 2004-184 will be filed for this project. • Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby: 1. Approves Variance No. 2004-10 (B1) for Sign No. B; (C1) for Sign No. C; (D1) for Sign No. D; (D2) for Sign No. D; (D3) for Sign No. D; (D4) for Sign No. D; (D5) for Sign No. D; and (E1) for Sign No. E as conditioned. The Conditions are attached hereto as Exhibit A and incorporated herein as though fully set forth. 2. This decision is 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. Resolution No. 2004-50 Page 3 of 4 3. 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 Planning Commission. ADOPTED this 13th day of December, 2004 by the following vote: AYES: Commissioners: De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair(6) NOES: Commissioners: None (0) ABSENT: Commissioners: Cribb (1) ABSTENTIONS: Commissioners: None (0) Glenn ondo Chairp rson • APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: =,~ : t ,~~ Kylee O. O Deputy Ci Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2004-50 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 13, 2004. Date: ~ `l '~ • Clerk of the Planning Commissi City of Santa Ana Resolution No. 2004-50 Page 4 of 4 Conditions for Approval for Variance No. 2004-10 • Variance No. 2004-10 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, 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 rip or 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. 2004-65. 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. Variance No. 2004-10 (D1), (D2), (D3), (D4) and (D5) shall be of no force and effect and null and void for all purposes until an easement for the encroachment of the sign into the adjacent neighbor located at 809 North Main Street is recorded. • Exhibit "A" • ~, Sign Variance Summary Table Sign Description Varanc Code Purpose No. a Section Status A A 148 square foot roof A-1 41-860(3) To allow a sign that Withdrawn mounted sign with an 18 gives the illusion of by inch LED text display area motion a licant in the lower portion A-2 41-862 To allow a roof Withdrawn mounted sign by applicant B A 49 square foot internally B-1 41-863(e) To allow an internally illuminated sign composed illuminated cabinet of reversed channel letters sign and a cabinet on the west elevation, facing Main Street C A 49 square foot internally C-1 41-863(e) To allow an internally illuminated sign composed illuminated cabinet of reversed channel letters si n and a cabinet on the south C-2 41- To exceed the Withdrawn elevation, facing Eighth 863(b)(2) maximum size of a (Applicant Street secondary elevation reduced sin si n size D A 140 square foot D-1 41-863(a) To exceed the number internally illuminated sign of secondary wall signs composed of reversed allowed on a buildin channel letters and a D-2 41-863(a) To install a wall sign on cabinet on the north a location not allowed elevation D-3 41- To install a wall sign 863(d)(1) above 20 feet from street finish rade D-4 41- To exceed the 863(b)(2) maximum size of a secondary elevation si n D-5 41-863(e) To allow an internally illuminated cabinet si n E A 49 square foot internally E-1 41-863(e) To allow an internally illuminated sign composed illuminated cabinet of reversed channel letters sign and a cabinet on the east elevation, facing Bush Street Exhibit "B"