HomeMy WebLinkAbout2000-64
RESOLUTION NO.00- 64
BK:12/26/00
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF SANTA ANA APPROVING NEGATIVE DECLARATION FOR
ENVIRONMENTAL REVIEW NO.00-194, AND APPROVING IN PART
AND DENYING IN PART VARIANCE NO. 00-17 AS CONDITIONED,
TO PERMIT SIGNS VARYING FROM THE SIGN CODE AT EDINGER
AVENUE BETWEEN LYON STREET AND RTTCHEY STREET
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WHEREAS, this Commission held a public hearing on December 11, 2000, on
Variance No. 00-17 as conditioned, to permit the following variances from the City's sign
code:
1. Section 41-862 (c) 3 - To increase the height and size of the proposed major
tenant pylon sign; and
2. Section 41-863 (a) - To allow secondary signage on the primary building
elevation for Home Depot; and
3. Section 41-862 (b) 2 - To decrease the size of landscape setbacks required around
freestanding signs; and
4. Section 41-863 (b) 2 (c) - To increase the size of the secondary building sign for
the Staples building; and
WHEREAS, the Planning Commission, based upon the complete record presented
to it, including all public testimony and environmental information, and in the exercise of
its sound discretion intends to approve requests nos. 1-3 for a variance, but deny request
for variance no. 4.
NOW, THEREFORE, BE TT RESOLVED BY THE PLANNING COMMISSION
OF THE CITY OF SANTA ANA AS FOLLOWS:
1. The Planning Commission has reviewed and considered the information
contained in the initial study and the negative declaration for Environmental Review
No. 00-194 prepared with respect to this Project. The Planning Commission has, as a result
of its consideration and the evidence presented at the hearings on this matter, determined
that, as required pursuant to the California Environmental Quality Act ("CEQA") and the
State CEQA Guidelines, a Negative Declaration adequately addresses the expected
environmental impacts of this variance. On the basis of this review, the Planning
Commission finds that there is no evidence from which it can be fairly argued that the
project will have a significant adverse effect on the environment. The Planning
Commission hereby certifies and approves the negative declaration and accompanying
• mitigation monitoring plan and directs that the Notice of Determination be prepared and
filed with the County Clerk of the County of Orange in the manner required by law.
Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the
Planning Commission has determined that, after considering the record as a whole, there is
no evidence that the proposed project will have the potential for any adverse effect on
wildlife resources or the ecological habitat upon which wildlife resources depend. The
proposed project exists in an urban environment characterized by paved concrete, roadways,
surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code
§ 711.2 and Title XIV, CAR § 735.5(a)(3), the payment of Fish and Game Department
filing fees is not inquired in conjunction with this project.
2. The Planning Commission approves Variance No. 00-17 as conditioned in
Exhibit A hereto, which is incorporated herein by this reference. This decision is based
upon the evidence submitted at the abovesaid hearing upon which this Commission finds
and determines as follows:
A. 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.
• The subject property is 16.6 acres which is substantially larger than the
majority of commercial centers constructed in the City. The development
pattern of the site includes a five foot landscaped parkway, a five foot
public sidewalk, and a 12 foot landscaped setback with a screen wall at the
top of a six foot berm. The physical constraints created by the berm and
wall reduces visibility into the commercial center and therefore a larger
pylon sign along the primary street frontage (variance request no. 1) is
justified. The strict application of the sign code with regard to the size and
height of the pylon sign (variance request no. 1) is inappropriate given the
topography of the site created by the landscaped berm. A four foot
landscape planter will be provided around all sides of freestanding signs in
accordance with City sign code requirements except where it is physically
impossible to meet this City requirement due to the size and configuration
of the approved landscape setback (variance request no. 3). Not allowing
an increase in the size of the pylon sign and secondary signage for the
center (request nos. 1-2 for a variance) would deprive the subject property
of privileges that the City has provided other commercial centers of a
similar size and nature.
The proposed freestanding signs draw on the materials and form of the
existing PacifiCenter signs, logo, artwork, and landscaping. The design is
fully integrated with the on-site landscape theme. There are multiple
• entrances to the site which provide access to the primary tenant, and as
such, secondary signs on the primary building elevation are appropriate.
There does not, however, appear to be grounds to justify the enlargement
of the secondary building sign (variance request no. 4) given the increase
in the size of the pylon sign adjacent to the project's street frontage.
Approval of a variance for the increase in the size of secondary building
signage would be inconsistent with the privileges afforded other
commercial centers of a similar size and nature (variance request no. 4).
B. That the granting of a variance is necessary for the preservation and enjoyment of
one or more substantial property rights.
The requests nos. 1-3 for variance will not be a detriment to the preservation
and enjoyment of one or more substantial property rights. The granting of
these variances are consistent with past City actions for commercial
centers of this size. Not allowing an increase in the size of the pylon sign
and secondary signage for the center would deprive the subject property of
privileges that the City has provided other commercial centers of a similar
size and nature.
Conversely, approval of a variance for the increase in the size of
• secondary building signage at Staples (variance request no. 4) would be
inconsistent with the privileges afforded other commercial centers of a
similar size and nature because:
1. The City sign code limits sign area on the secondary elevation of
this project to 50 square feet. The applicant is requesting that 62 square
feet of sign area be allowed which is 12 square feet or a twenty percent
(20%) increase from that allowed by the City's sign code; and
2. The applicant can physically meet the provisions of the City's sign
code. There are no grounds to justify the variance for the enlargement of
the secondary sign given the increase in the size of the pylon sign adjacent
to the project's street frontage and signage allowed on the primary
building elevation. There is no precedent that has been set by the Planning
Commission for supporting variances for secondary building signage in
excess of City code requirements.
C. That the granting of a variance will not be materially detrimental to the public
welfare or injurious to surrounding property.
Granting requests nos. 1-3 for a variance will not be materially detrimental
to the public welfare or injurious to surrounding property as proposed. The
City sign code and the sign variances being supported are consistent with
• signage requirements of a commercial center of this size and scale. The
• ABSTENTIONS: Commissioners Nalle
ATTEST:
Sharon McCain Johnson
Secretary to the Planning Commission
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APPROVED AS TO FORM:
EXHIBIT A
RESOLUTION NO.00-57
DECEMBER 11, 2000
PAGE 1 OF 1
Conditions of Approval
Variance No. 00-17 is approved (requests nos. 1-3 only) 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 np 'or to
exercising the rights confen:ed 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. Relief is from sections 41-862 (c) 3, 41-863 a, 41-862 (b) 2 of the Santa
Ana Municipal Code only as depicted in Exhibits 3, 6, and 7. Relief from
Section 41-863(b) 2 (c) is not approved.
2. No trees shall be removed along the Edinger Avenue, Lyon Street, or
Ritchey Street frontages to accommodate the placement of any
freestanding signs.
3. The pylon sign shall be for the two primary tenants of the center only.
4. Signage for the site and the two primary tenants shall be limited to
primary building signage and the signage approved by this variance.
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