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HomeMy WebLinkAboutRESO 2015-15_1525&1551NTustinLS 4/22/15 RESOLUTION NO. 2015 -15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2015 -03 AND VARIANCE NO. 2015 -04, AS CONDITIONED, TO ALLOW THREE ADDITIONAL MAJOR BUILDING IDENTIFICATION SIGNS AT TUSTIN CENTRE ON THE PROPERTY LOCATED AT 1525 AND 1551 NORTH TUSTIN AVENUE 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 Variance 2015 -03 and Variance 2015- 04, to allow three (3) additional major building identification signs at Tustin Centre located at 1551 and 1525 North Tustin Avenue. B. Tustin Centre is a mixed -use office and health club complex with a variety of office spaces, an LA Fitness gymnasium, and a multi -level parking structure. It includes a 10 -story office tower and another 4 -story office building and is located within the Professional zoning district. C. Section 41 -867 of the Santa Ana Municipal Code (SAMC) allows two major building identification signs on buildings over two stories and is intended to brand major commercial buildings and to identify major tenants within such structures. D. Variance Nos. 2015 -03 and 2015 -04 came before the Planning Commission on April 27, 2015, for a duly noticed public hearing. Variance 2015 -03 would allow two (2) additional major building identification signs for a total of four major building identification signs on the ten -story office tower at 1551 N. Tustin Avenue. Variance 2015 -04 would allow one (1) additional major building identification sign for a total of three major building identification signs on the four -story office tower at 1525 N. Tustin Avenue. E. The Planning Commission determines that for Variance No. 2015 -03 for the ten story building, the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41 -638 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 Resolution No. 2015 -15 Page 1 of 5 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. The project site at 1551 North Tustin Avenue has a special circumstance related to its location and surroundings. The location of the existing buildings near major arterial corridors and the Costa Mesa Freeway, the placement of buildings both on and off -site, and the shape of the structures create a situation in which strict application of Section 41 -867 of the SAMC limits branding and marketing opportunities of the structures on the project site. Approval of the variance would create opportunities on the project site to brand and market the buildings while also balancing site aesthetics and avoiding visual clutter. 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 is necessary for the preservation and enjoyment of substantial property rights. Additional major building identification signs would assist with branding and marketing efforts of the buildings, reducing vacancy rates, increasing commercial activity, and allowing the property owner the ability to maximize the existing structures to their fullest potential. The placement of these signs has been carefully analyzed and is intended to reduce visual clutter while also increasing each building's visibility and the overall project site's branding efforts. 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 will not be detrimental to the public or surrounding properties. The signs are intended to be visible from heavily - traveled commercial corridors and the adjacent Costa Mesa Freeway. The site location and building placement minimize any possibility of visual intrusion onto surrounding commercial properties. Moreover, the nearest residential communities are located almost 500 feet away to the southwest and the northeast. 4. That the granting of a variance will not adversely affect the General Plan of the City. Resolution No. 2015 -15 Page 2 of 5 The project will not adversely affect the General Plan as the proposed signage is consistent with several goals of the General Plan. Approval of the variance supports Policies 4.3, 4.4, and 4.5 of Goal 4 of the Land Use Element (to protect and enhance development sites that are unique community assets). In addition, approval of the variances is consistent with the intent and purpose of Goals 1, 2, and 3 of the Scenic Corridors Element (to improve and provide identity, form, and public image to the City's linear transportation corridors) and Goals 1 and 2 of the Urban Design Element (to improve the physical appearance of the City through creating a sense of place, positive community image, and quality environment, and to improve the physical appearance of the City through development that is proportional and aesthetically related to its district setting). F. The Planning Commission determines that for Variance No. 2015 -04 for the four story building, the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41 -638 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. The project site at 1525 North Tustin Avenue has a special circumstance related to its location and surroundings. The location of the existing buildings near major arterial corridors and the Costa Mesa Freeway, the placement of buildings both on and off -site, and the shape of the structures create a situation in which strict application of Section 41 -867 of the SAMC limits branding and marketing opportunities of the structures on the project site. Approval of the variance would create opportunities on the project site to brand and market the buildings while also balancing site aesthetics and avoiding visual clutter. 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 is necessary for the preservation and enjoyment of substantial property rights. Additional major building identification signs would assist with branding and Resolution No. 2015 -15 Page 3of5 marketing efforts of the buildings, reducing vacancy rates, increasing commercial activity, and allowing the property owner the ability to maximize the existing structures to their fullest potential. The placement of these signs has been carefully analyzed and is intended to reduce visual clutter while also increasing each building's visibility and the overall project site's branding efforts. 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 will not be detrimental to the public or surrounding properties. The signs are intended to be visible from heavily - traveled commercial corridors and the adjacent Costa Mesa Freeway. The site location and building placement minimize any possibility of visual intrusion onto surrounding commercial properties. Moreover, the nearest residential communities are located almost 500 feet away to the southwest and the northeast. 4. That the granting of a variance will not adversely affect the General Plan of the City. The project will not adversely affect the General Plan as the proposed signage is consistent with several goals of the General Plan. Approval of the variance supports Policies 4.37 4.4, and 4.5 of Goal 4 of the Land Use Element (to protect and enhance development sites that are unique community assets). In addition, approval of the variances is consistent with the intent and purpose of Goals 1, 2, and 3 of the Scenic Corridors Element (to improve and provide identity, form, and public image to the City's linear transportation corridors) and Goals 1 and 2 of the Urban Design Element (to improve the physical appearance of the City through creating a sense of place, positive community image, and quality environment, and to improve the physical appearance of the City through development that is proportional and aesthetically related to its district setting). G. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant effect on the environment. Categorical Exemption Environmental Review No. 2014 -84 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. 2014 -03 for 1551 North Resolution No. 2015 -15 Page 4 of 5 Tustin Avenue as conditioned in Exhibit A attached hereto and incorporated herein as though fully set forth. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Staff reports and exhibits attached thereto; and, the public testimony, all of which are incorporated herein by this reference. Section 3. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Variance No. 2014 -04 for 1525 North Tustin Avenue as conditioned in Exhibit B attached hereto and incorporated herein as though fully set forth. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Staff reports and exhibits attached thereto; and, the public testimony, all of which are incorporated herein by this reference. ADOPTED this 27th day of April, 2015, by the following vote: AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Verino (1) ABSTENTIONS: Commissioners: None (0) J mes Gartner hairperson APPROVED AS TO FORM: Sonia Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Karen Gerardo, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -15 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 27, 2015. Date: 27 /15; � r Planning Commission Secretary City of Santa Ana Resolution No. 2015 -15 Page 5 of 5 : WXai:1kr_I Conditions of Approval Variance No. 2015 -03 (1551 North Tustin Avenue) is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, 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 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 improvements must conform to the Site Plan Review approval of DP No. 2014 -37 and the staff report exhibits. 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. Any amendment to the locations of the proposed top -floor major building identification signs must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the variance must be amended. B. Police Department 1. The existing tenant space and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. U■ ff . . Conditions of Approval Variance No. 2015 -04 (1525 North Tustin Avenue) is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, 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 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 improvements must conform to the Site Plan Review approval of DP No. 2014 -37 and the staff report exhibits. 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. Any amendment to the locations of the proposed top -floor major building identification signs must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the variance must be amended. B. Police Department 1. The existing tenant space and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters.