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HomeMy WebLinkAbout20080924_2008-13_1945ESeventeenthSt•RESOLUTION NO. 2008 -13 ROH — 9/24/08 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA ADOPTING MINOR EXCEPTION NO. 2008 -04 TO ALLOW SIX WALL SIGNS TO EXCEED THE ALLOWABLE HEIGHT PLACEMENT REQUIREMENT AT 1945 EAST SEVENTEENTH STREET BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Minor Exception No. 2008 -04 to allow six wall signs to exceed the allowable height placement requirement at 1945 East Seventeenth Street. B. Minor Exception No. 2008 -04 came before the Zoning Administrator of the City of Santa Ana for a public hearing on September 24, 2008. • C. The applicant is requesting relief from Section 41- 863(d)(1) of the Santa Ana Municipal Code (SAMC) to create a sign program which will allow six signs on the building in the northwest portion of the property to exceed the height limit for wall signs. D. Santa Ana Municipal Code Section 41 -638 authorizes the Zoning Administrator to grant a minor exception upon making certain findings. 1. That the granting of a minor exception to allow two or more independent uses to share the required parking stalls will not result in a conflict between parking for one use and parking for another due to differences in time of primary utilization of parking. Special circumstances exist in that the unique architecture of the building, specifically the metal canopy that extends over several of the suites and the two -story glass tower features prevents wall signs from locating at the 20 -foot maximum height requirement for wall signs. Additionally, the building's location in the rear of the property limits the visibility of wall signs for motorists when placed at the standard height. 2. That the granting of a minor exception will not substantially increase • difficulties of vehicle maneuverability or traffic congestion on the project site. Resolution No. 2008 -13 Page 1 of 5 The granting of this minor exception will allow the tenants located in the building at 1945 East Seventeenth Street to have wall signage that is functional and visible to motorists on Seventeenth Street. The unique architectural design of the building, specifically, the large sweeping metal awning and two -story glass tower features, prevents tenants in these suites from having signage in its typical location on the building wall. 3. That the granting of a minor exception will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of this minor exception will not be detrimental to the public welfare or injurious to surrounding properties. Although six of the proposed 11 signs on the building at 1945 East Seventeenth Street will exceed the maximum allowable height placement, the signs have been designed to complement the unique architecture of the building and oriented in such a way as to have no impact on any of the surrounding properties. 0 4. That the granting of a minor exception will not adversely affect the General Plan of the City. • The General Plan for the property is General Commercial (GC) which allows all of the current uses on the property. The granting of this minor exception will support several polices of the General Plan including Policy 2.1 of the Urban Design Element which encourages the use of creative architectural design in order to improve the physical appearance of a development. The design and proposed locations of the signs also supports Policy 5.5 of the Land Use Element of the General Plan which encourages projects that are compatible with, and supportive of the architectural style of surrounding uses. E. This project was reviewed in accordance with the guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15301. This Class 1 exemption applies to a project that involves the licensing of an existing structure with little or no expansion involved. Categorical Exemption Environmental Review No. 2008 -122 will be filed for this project. Resolution No. 2008 -13 Page 2 of 5 • Section 2. The Zoning Administrator of the City of Santa Ana hereby approves Minor Exception No. 2008 -04 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Zoning Administrator Action dated September 24, 2008 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 24th day of September, 2008. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: I' Ryan O. odge "i Deputy ity Attorney • it Vince Fregoso Acting Zoning Resolution No. 2008 -13 Page 3 of 5 0 CERTIFICATE OF ATTESTATION AND ORIGINALITY • • I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2008 -13 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on September 24, 2008. Date: erk of the ZonirWA&Nnistrator City of Santa Ana Resolution No. 2008 -13 Page 4 of 5 0 Conditions for Approval for Minor Exception No. 2008 -04 Minor Exception No. 2008 -04 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 California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this minor exception. The applicant must remain in compliance with all conditions listed below throughout the life of the minor exception. Failure to comply with each and every condition may result in the revocation of the minor exception. A. Planning Division 1. The project shall remain in compliance with Site Plan Review (DP No. 08- 42). 2. Any amendment to this minor exception must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or whether the variance must be amended. • 3. No signage shall be permitted for second floor tenants. 4. Minor Exception No. 2008 -04 shall apply only to the six signs identified in the sign program at 1945 East Seventeenth Street and is not applicable to any other existing or proposed signage at this center. • Exhibit A Page 1 of 1 Resolution No. 2008 -13 Page 5 of 5 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd Floor, Santa Ana, California 92702. I served the foregoing document described as: Resolution No. 2008 -13 (Minor Exception No. 2008 -04) in this action by placing a true copy thereot enclosed in sealed envelopes a resse as follows: Peter Blied Red Mountain Retail Group HPSC II, LLC 1234 East 17th Street Santa Ana, CA 92701 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my ernployer's practice of collection and • processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on October 15, 2008 at_,San a Ana, California. JOCELYN MAGALONA •