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HomeMy WebLinkAbout2004-47• RESOLUTION NO. 2004-47 KO - 12/7/04 A RESOLUTION OF THE PLANNING COMMISSION 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; (C2) 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 AND (D2) TO ALLOW ANIMATED LIGHTS FOR SIGN NO. 5; AND (E) FOR SIGN NO. 6 AS CONDITIONED AND DENYING VARIANCE NO. 2004-07 (A1, A2, A3) FOR SIGN NO. 1; (C1, C3) FOR SIGN NO. 4; (D3) FOR SIGN NO. 5; (F) FOR SIGN NO. 7; (G1, G2, G3) FOR SIGN NO. 8; (H) FOR SIGN NO. 9; AND (I) FOR SIGN NO. 10 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 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 Resolution No. 2004-47 Page 1 of 7 the City are limited to the identification of the business name, not . changeable copy signs. 3. 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. 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 and to allow the sign to be placed higher than 20 feet on the building. 5. 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. 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. 10 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 considered to be a roof sign. Since roof signs are not permitted by Code, a variance is needed for this sign. C. Variance No. 2004-07came before the Planning Commission of the City of • Santa Ana for a duly noticed public hearing on August 23, 2004. Resolution No. 2004-47 Page 2 of 7 • 1. On August 23, 2004, the Planning Commission continued the matter to September 27, 2004. 2. 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. 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. D. The Planning Commission determines that for Variance No. 2004-07 (B) to allow one changeable copy sign for sign Nos. 2 and 3; (C2) to allow the painted wall sign above the ground level of the building for sign No. 4; (D1) to allow the projecting sign to extend more than four feet and (D2) to allow animated lights for sign No. 5; and (E) for sign No. 6 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: 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. Special circumstances exist that necessitate a variance for the changeable copy sign, projecting sign, Art Studios cabinet signage and the painted wall sign on the south elevation. The changeable copy sign will assist in advertising events planned at the restaurant/banquet facility that were approved by a prior City action. The painted wall sign 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. • Resolution No. 2004-47 Page 3 of 7 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 and the painted wall sign on the south elevation 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. Additionally, the restaurant is 12,089 square feet, which is larger than a typical restaurant, and as such warrants the installation of additional signage. 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 and painted wall sign on the south elevation will not be detrimental to the surrounding area as a condition of approval has been added that limits the amount of signage allowed on the site. This 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. E. The Planning Commission determines that for Variance No. 2004-07 (A1, A2, A3) for sign No. 1; (C1, C3) for sign No. 4; (D3) for sign No. 5; (F) for sign No. 7; (G1, G2, G3) for sign No. 8; (H) for sign No. 9; 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: 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. 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 Resolution No. 2004-47 Page 4 of 7 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 for additional wall signage and to allow slogans on the signage 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. 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. F. 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 Planning Commission of the City of Santa Ana after conducting the public hearing hereby: Approves Variance No. 2004-07 (B) to allow one changeable copy sign as conditioned for Sign Nos. 2 and 3; (C2) 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 and (D2) to allow animated lights for Sign No. 5; and (E) for Sign No. 6 as conditioned. The Conditions are attached hereto as Exhibit A and incorporated herein as though fully set forth. • Resolution No. 2004-47 Page 5 of 7 2. Denies Variance No. 2004-07 (A1, A2, A3) for Sign No. 1; (C1, C3) for • Sign No. 4; (D3) for Sign No. 5; (F) for Sign No. 7; (G1, G2, G3) for Sign No. 8; (H) for Sign No. 9; and (I) for Sign No. 10 3. 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. 4. 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 22nd day of November, 2004 by the following vote: AYES: Commissioners: Cribb, Leo, Lutz, Nalle (4) NOES: Commissioners: Mondo, Sinclair (2) ABSENT: Commissioners: De La Torre (1) • ABSTENTIONS: Commissioners: None 0 1 GIen~Mondo Chairp rson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. , to Deputy C~ Attorney • Resolution No. 2004-47 Page 6 of 7 • CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2004-47 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on November 22, 2004. Date: D Clerk o the Planning Commission City of Santa Ana U • Resolution No. 2004-47 Page 7 of 7 U 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 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 The proposed title block on the changeable copy sign shall be limited to a maximum of five items of information. 2. The painted wall signs are limited to "Original Mike's Restaurant" and the background as shown on the attached exhibits. r~ U 3. Submit detailed plans of the marquee sign to the Planning Manager for review and approval. B. Public Works Apency 1. An encroachment agreement between the City and the property owner to allow the projecting sign to encroach over Main Street and First Street must be submitted prior to issuance of a building permit for the sign. • Exhibit "A" • • • VARIANCE SUMMARY TABLE Al 41-863 Sign not located on Deny a a rima elevation 41-863 Sign installed Deny 1 Wall North A2 (d)(1) higher than 20 feet on buildin A3 41-863 Restaurant slogan Deny e 3 not ermitted 2 a~ Changeable North B 41-865 Only permitted on Approve Copy ~) (d) Marquee 41-863 Exceeds maximum Deny C1 (b)(2) size of 50 square feet 4 Wall South C2 41-863 Sign installed Approve (d)(1) higher than 20 feet on buildin C3 41-863 Restaurant slogan Deny e 3 not ermitted D1 41-864 Projects more than Approve c 4 4 feet from the wall D2 41-864 Incandescent Approve 5 Projecting East d 3 li htin rohibited 41-864 Sign exceeds Deny D3 (d)(4)(a) maximum of 5 words 6 Cabinet East E 41-863 Cabinet signs not Approve (e)(7) allowed 7 Wall West F 41-863 Restaurant slogan Deny e 3 not ermitted G1 41-863 Only 1 sign Deny (a) permitted per buildin elevation 8 Cabinet West G2 41-863 Restaurant slogan Deny e 3 not ermitted G3 41-863 Cabinet signs not Deny e 7 allowed NWC of 41-862 Development only, 9 Monument site Fi (d)(3) not to exceed 8 Deny items of information 10 Roof Roof I 41-863 Signs not permitted Deny d 3 above roofline Exhibit "B"