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HomeMy WebLinkAboutRESO 2018-30_3300 S BRISTOL STREETLS 10.08.18 RESOLUTION NO. 2018-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2018-09, AS CONDITIONED, TO ALLOW A 15 -FOOT TALL FREESTANDING SIGN FOR THE BRISTOL PLACE SHOPPING CENTER 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. Greg Fick (Applicant) is requesting approval of Variance No. 2018-09 for the installation of a 15 -foot tall freestanding sign for the Bristol Place Shopping Center at the property located at 3330 South Bristol Street. B. Pursuant to Section 41-862(c)(2) of the Santa Ana Municipal Code (SAMC); no freestanding sign shall exceed seven (7) feet in height. Subsequently, Section 41-862(c)(3) of the SAMC allows freestanding signs to be constructed up to a height of 15 feet for any development site of 15 acres or more. The Applicant is requesting a variance to allow the new freestanding sign to a height of 15 feet, as the subject site is only 12.7 acres in size. C. Variance No. 2018-09 came before the Planning Commission on October 8, 2018, for a duly noticed public hearing. Variance No. 2018-09 would allow the installation of a new 15 -foot freestanding sign for the integrated shopping center located at 3300 South Bristol Street. D. The Planning Commission determines that for Variance No. 2018-09 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 provision of this chapter. The project site has special circumstances related to size and surroundings. The site is located at the southwest corner of the Bristol Street and Alton Avenue intersection. As Resolution No. 2018-30 Page 1 of 5 the Bristol Street corridor is a major arterial street, vehicles travel at a higher speed than non -arterial streets. Allowing the sign to exceed the seven -foot height will promote superior visibility for advertising for vehicles traveling the corridor. The size of the shopping center is close to the 15 acres that is required to allow the proposed 15 -foot tall freestanding sign. Surrounding developments of a similar size and use already provide taller signs that make the center more visible to patrons. Approval of the variance would create opportunities on the project site to advertise the services provided by the tenants, while the revitalization of the site through tenant improvements is occurring. 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 provide additional signable area and visibility to customers of the shopping center will allow the tenants to remain competitive with surrounding businesses. Additionally, granting the variance also allows the property owner the ability to preserve substantial property rights since the development of the site has always been an integrated shopping center since 1986, and has always maintained the property in compliance with all requirements of the SAMC. 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 consistent with the surrounding integrated shopping centers. The sign will not incorporate any flashing or moving elements that may distract motorists or passersby. Additionally, the structure of the sign is designed to be consistent with the materials and color schemes of those used in the facades of the buildings in the development. Moreover, the site is located in an exclusively commercial area with residential communities located in the immediate vicinity, but at a distance from the proposed sign location. 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 Resolution No. 2018-30 Page 2 of 5 General Plan. Approval of the variance supports Policies 2.7 and 2.8 (to promote land uses which enhance the City's economic and fiscal viability) and Policies 4.3, 4.4, and 4.5 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 from 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 will be consistent with other signs already in place for the surrounding shopping centers in the area. In addition, the shopping center is already served by municipal services, such as roadways, utilities, and parking. Categorical Exemption Environmental Review No. 2018-45 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. 2018-09 for 3300 South Bristol Street 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. 2018-30 Page 3 of 5 ADOPTED this q day of October, 2018. AYES: Commissioners: ALDERETE, CONTRERAS-LEO, MCLOUGHLIN, REYNA, VERINO (5) NOES: Commissioners: ABSENT: Commissioners: MENDOZA, NGUYEN (2) ABSTENTIONS: Commissioners: co�" — Mark cl.oughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: ,, , Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2018-30 to be the original r ;volution adopted by the Planning Commission of the City of Santa Ana on October_, 2018. Date: ��vk 6 M& --c Recording Secretary City of Santa Ana Resolution No. 2018-30 Page 4 of 5 EXHIBIT A Conditions of Approval for Variance No. 2018-09 Variance No. 2018-09 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 belowrip 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 site improvements must conform to the Site Plan Review approval of DP No. 2018-05. 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 if the variance must be amended. 3. Applicant will be responsible for regular maintenance of the freestanding sign, and all other signage provided on-site. 4. All on-site improvements shall be completed prior to the issuance of the building permit for the sign. 5. Prior to issuance of a building permit for the 15 -foot freestanding sign, an updated sign program must be submitted and approved. Resolution No. 2018-30 Page 5 of 5