HomeMy WebLinkAboutRESO 2017-03_1351 E Dyer Rd (Dyer Grand Devel Sign)LS 01.09.17
RESOLUTION NO. 2017-03
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING VARIANCE NO.
2016-09, AS CONDITIONED, TO ALLOW AN EXISTING
FREESTANDING SIGN TO REMAIN AT THE MOBIL
SERVICE STATION LOCATED AT 1351 EAST DYER
ROAD
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 No.2016-09 to allow an existing
37 -foot freestanding sign to remain at the property located at 1351 East
Dyer Road.
B. Pursuant to Section 41-862(b) through Section 41-862(d) of the Santa Ana
Municipal Code (SAMC); no freestanding sign shall be located closer than
twenty-five (25) feet from a side lot line, a freestanding must provide the
site address at the base of the sign, and a freestanding sign for a service
station may not exceed thirty-five (35) feet if it is located within three
hundred (300) feet of the point where a freeway exit centerline intersects
with a city street.
C. Variance No. 2016-09 came before the Planning Commission on January
9, 2017, for a duly noticed public hearing. Variance No. 2016-09 would
allow an existing 37 -foot freestanding sign to remain at its current location,
exceeding the height requirement by two feet; to exceed the distance
requirement from a freeway exit by 85 feet referenced in Sec. 41-862
(c)(4) of the SAMC; and to reduce the side lot line setback by three feet.
Variance No. 2016-09 will also allow the sign to remain without providing
the site address at the base of the sign as required by Sec. 41-862 (d)(5),
located at 1351 East Dyer Road.
D. The Planning Commission determines that for Variance No. 2016-09 the
following findings, which must be established pursuant to Santa Ana
Municipal Code (SAMC) Section 41-638 in order to grant a variance from
the provision of the Santa Ana Municipal Code, have been established:
Resolution No. 2017-03
Page 1 of 5
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 provision of this chapter.
The project site has special circumstances related to its
location, surroundings, and design. The site is located at the
northwest intersection of Dyer Road and Grand Avenue.
Removing the existing 37 -foot freestanding sign would
eliminate all visibility of the site from potential patrons
travelling along California State Route 55 (SR -55). The
existing grade of the site is substantially lower than that of
SR -55. Approval of the variance would create opportunities
on the project site to advertise the services provided by the
tenant while revitalizing the site through tenant
improvements that are part of the submittal.
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.
The ability to maintain the existing 37 -foot freestanding sign a
will help preserve substantial property rights since the site `
has always operated as a service station. Requiring the
applicant to replace the sign with one that restricts the height
to seven (7) feet, furthermore denying all visibility from SR -
55, will impact the preservation of full property rights as they
have existed since 1968.
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 sign is intended to be
visible from the heavily travelled SR -55. The sign will not
incorporate any flashing or moving elements that may
distract motorists or passersby. Additionally, the structure of
the sign is to remain, as conditioned, similar to that of the
non -conforming code. Moreover, the site is located in an
exclusively commercial and industrial area with no
residential communities located in the immediate vicinity.
Resolution No. 2017-03
Page 2 of 5
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 2.7
and 2.8 of Goal 2 (to promote land uses which enhance the
City's economic and fiscal viability) and 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 variance is consistent
with the intent and purpose of 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).
Furthermore, approval of the variance supports Objective 2.3
of Goal 2 of the Scenic Corridor Element (to use scenic
corridors to provide identity, form, and an orientation
framework for the City).
E. In accordance with the California Environmental Quality Act, the
recommended action is exempt for further review per Section 15301. This
Class 1 exemption allows the operation, repair, maintenance, permitting,
leasing, licensing, or minor alteration of existing public or private
structures, facilities, mechanical equipment, or topographical features,
involving negligible or no expansion of use beyond that existing at the time
of the lead agency's determination. The sign in question currently exists
and will not be structurally altered. In addition, the structure is already
served by municipal services, such as roadways, utilities, and parking.
Categorical Exemption Environmental Review No. 2016-164 will be filed for
this project.
Section 2. The applicant agrees to indemnify, hold harmless, and defend the
City of Santa Ana, its officials, officers, agents, and employees, from any and all liability,
claims, actions or proceedings that may be brought arising out of its approval of this
project, and any approvals associated with the project, including, without limitation, any
environmental review or approval, except to the extent caused by the sole negligence of
the City of Santa Ana.
Section 3. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby approves Variance No. 2016-09 for 1351 East Dyer Road as
conditioned in Exhibit A attached hereto and incorporated herein. 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, written and
oral, all of which are incorporated herein by this reference.
Resolution No. 2017-03
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ADOPTED this 9`h day of January, 2017.
AYES: Commissioners: Alderete, Bacerra, Contreras -Leo, McLoughlin, Mendoza,
Nguyen, Verino (7)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: None (0)
t
Ly ette Verino
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:j c
Lisa Storck
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Rosa Barela, Acting Recording Secretary, do hereby attest to and certify the attached
Resolution No. 2017-03 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on January 9, 2017.
Date: '19 / / 7
C�
Acting Recording Secretary
City of Santa Ana
Resolution No. 2017-03
Page 4 of 5
IOVA n:3rra
Conditions of Approval for Variance No. 2016-09
Variance No. 2016-09 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 California Building Standards 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 prior 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. Plannina Division
1. 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 if the variance must be amended.
2. The existing sign shall not be structurally altered or relocated from the
existing location as indicated on the plan per the attached exhibit.
3. Applicant will be responsible for regular maintenance of the freestanding
sign. Along with regular maintenance, the sign will be painted to match the
building color scheme to reflect consistency in the overall site improvements.
4. Prior to building permit issuance of the proposed tenant improvements, the
applicant will submit a formal landscape plan for staff review, including
shrubs at the base of the sign.
Resolution No. 2017-03
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