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HomeMy WebLinkAbout2002-40• RESOLUTION NO. 2002-40 Kdo/11 /27/02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA DENYING VARIANCE NO. 2002-12 AS CONDITIONED FOR THE PROPERTY LOCATED AT 3300 SOUTH BRISTOL 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. Variance No. 2002-12 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on November 25, 2002. B. The Planning Commission determines that 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 property. The variance to allow two cabinet wall signs on the east and south elevation is not necessary in order to allow this property to be utilized in a manner that is consistent with similar surrounding commercial 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 wall signs is not necessary to preserve property rights, as the tenant • will maintain the ability to install channel letter wall Resolution No. 2002-40 Page 1 of 3 • signs, therefore allowing the ability to 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 wall signs will be detrimental to the area by allowing internally illuminated cabinet signage on the site that will contribute to adverse aesthetic impacts along Harbor Boulevard. In an effort to improve the overall aesthetics and reduce sign blight along one of the major arterial streets, it is critical to only permit wall signs that fully comply with code. 4. That the granting of a variance will not adversely affect the General Plan of the City. • The granting of Variance No. 2002-12 will adversely affect the General Plan of the City. The proposed sign variance is not consistent with the desire to improve the overall aesthetics of the City and reduce sign blight along this critical major arterial corridor in violation of policies 2.5 and 2.8 from the Land Use Element as well as Policy 2.13 from the Urban Design Element. C. The Mitigated Negative Declaration and Monitoring Program, Environmental Review No. 01-126 was approved and adopted by the Planning Commission in the resolution for approval for Conditional Use Permit No. 2002-25. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby denies Variance No. 2002-12. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Staff report and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference ADOPTED this 25th day of November 2002 by the following vote: • AYES: Commissioners: Cribb, Doughty, Leo, Richardson, Verino (5) NOES: Commissioners: Nalle (1) ABSENT: Commissioners: ABSTENTIONS: Commissioners: Mondo (1) None (0) Resolution No. 2002-40 Page 2 of 3 • APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee Ode e Deputy Ci y Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY ~~ ~_~ I, LAURA JOHNSON, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2002-40 to be the original reso ution adopted by the Planning Commission of the City of Santa Ana on ='.! ~ Date: PI nning mission Secretary City o ants Ana Resolution No. 2002-40 Page 3 of 3 ~nairperson