HomeMy WebLinkAboutRESO 2019-26_1904 W FIRST STREET (MONUMENT SIGN)LS 6.10.19
RESOLUTION NO. 2019-26
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SANTA ANA APPROVING
VARIANCE NO. 2019-01 AS CONDITIONED TO
ALLOW AN ADDITIONAL MONUMENT SIGN AT
1904 WEST FIRST 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. Ben Steckler with Fiedler Group, representing 7-Eleven, Inc. ("Applicant'),
is requesting approval of Variance No. 2019-01 as conditioned, to allow
one additional monument sign at 1904 West First Street.
B. Santa Ana Municipal Code ("SAMC") Section 41-862 limits the number of
freestanding signs a property can have based on the sites street frontage.
The applicant is requesting approval of a variance to allow one additional
monument sign on -site.
C. Pursuant to SAMC Section 41-638, the Planning Commission is
authorized to review and approve the variance for this project as set forth
by the SAMC.
D. On May 13, 2019 and June 10, 2019, the Planning Commission held a
duly noticed public hearing for Variance No. 2019-01.
E. The Planning Commission of the City of Santa Ana has considered the
information and determines that the following findings, which must be
established in order to grant Variance No. 2019-01 for one additional
monument sign, 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.
There are special circumstances related to the location of
the property. The property is located at the southwest corner
of First Street and Daisy Avenue. Pursuant to State
Business and Profession Code (BPC) Section 13531,
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businesses selling motor vehicle fuel to the public are
required to display the fuel price per gallon, liter, or other unit
of measurement, the trademark or brand of the fuel, the
word gasoline or the name of other fuel, and the grade
designation of the fuel. Such signage is required to be
clearly visible from the street adjacent from the premises and
if the property is located at an intersection, such signage
needs to be clearly visible from each street intersection. In
order to comply with the State's regulations, the Applicant is
proposing to install one monument sign along First Street to
allow visibility for motorists traveling east and west on First
Street, and one monument sign along Daisy Avenue to allow
visibility for motorists traveling north and south on Daisy
Avenue.
2. That the granting of a variance is necessary for the preservation
and enjoyment of one (1) or more substantial property rights.
The granting of the variance is necessary for the
preservation and enjoyment of substantial property rights.
The additional monument sign is necessary in order to
increase visibility and comply with the State regulations.
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 additional monument
sign will be consistent with other monument signs in the
general area. The monument sign will not incorporate any
flashing or moving elements that may distract motorists.
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.
4. That the granting of a variance will not adversely affect the General
Plan of the city.
The variance for one additional monument sign will not
adversely affect the General Plan. The project is located in a
General Commercial (GC) General Plan land use designation
which allows for commercial uses such as retail, service and
eating establishments. The project is consistent with several
goals and policies of the General Plan, including the Economic
Development Element and Land Use Element. Land Use
Element Goal 1 promotes a balance of land uses to address
basic community needs. Policy 1.10, encourages the location
of commercial centers at arterial roadway intersections in
Resolution No. 2019-26
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commercial districts. The project will provide for a new
convenience store and service station along a major corridor.
Land Use Element Goal 2 promotes land uses that enhance
the City's economic and fiscal viability. Policy 2.8, promotes
rehabilitation of commercial properties, and encourages
increased levels of capital investment. Policy 2.9, supports
developments that create a business environment that is safe
and attractive. Policy 2.3 encourages the development of
mutually beneficial and supportive business clusters within the
community.
Section 2. In accordance with the California Environmental Quality Act, a
Mitigated Negative Declaration (Environmental Review No. 2017-140) and a Mitigation
Monitoring and Reporting Program was prepared for this project. The Planning
Commission has reviewed and considered the information contained in the Initial
Study/Mitigated Negative Declaration ("IS/MND") and administrative record for the
Project, including all oral and written comments received during the comment period.
Based on the foregoing, the Planning Commission recommends that the City Council
find that the IS/MND contains a complete and accurate reporting of the environmental
impacts associated with the Project, has been completed in compliance with CEQA, and
reflects the independent judgment of the City. The Planning Commission further
recommends that the City Council find that all environmental impacts of the Project are
either less than significant or can be mitigated to a level of less than significant pursuant
to the mitigation measures outlined in the IS/MND and the Mitigation Monitoring and
Reporting Program ("MMRP"). The Planning Commission further recommends that the
City Council find that there is no substantial evidence in the administrative record
supporting a fair argument that the Project may result in significant environmental
impacts. On these bases, the Planning Commission recommends that the City Council
adopt and approve the IS/MND and MMRP. Any project approvals issued by the
Planning Commission in this Resolution shall not become effective unless and until the
City Council adopts and approves the IS/MND.
Section 3. Variance No. 2019-01 shall not be effective unless and until the
City Council reviews and approves Amendment Application No. 2019-02 and the
Mitigated Negative Declaration, Environmental Review No. 2017-140. If said approvals
are held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, or otherwise denied, then this variance shall be null and void and have no
further force and effect.
Section 4. The Applicant shall indemnify, protect, defend and hold the City
and/or any of its officials, officers, employees, agents, departments, agencies,
authorized volunteers, and instrumentalities thereof, harmless from any and all claims,
demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether
legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative
dispute resolution procedures (including, but not limited to arbitrations, mediations, and
such other procedures), judgments, orders, and decisions (collectively "Actions"),
brought against the City and/or any of its officials, officers, employees, agents,
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departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to
modify, set aside, void, or annul, any action of, or any permit or approval issued by the
City and/or any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof (including actions approved by the voters of the City) for or
concerning the project, whether such Actions are brought under the Ralph M. Brown
Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision
Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or
local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a
court of competent jurisdiction. It is expressly agreed that the City shall have the right to
approve, which approval will not be unreasonably withheld, the legal counsel providing
the City's defense, and that Applicant shall reimburse the City for any costs and
expenses directly and necessarily incurred by the City in the course of the defense.
City shall promptly notify the Applicant of any Action brought and City shall cooperate
with Applicant in the defense of the Action.
Section 5. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby approves Variance No. 2019-01, as conditioned in Exhibit A,
attached hereto and incorporated herein, which approval is fully contingent upon the
City Council's consideration and certification of the MND prepared for the project and
approval of Amendment Application No. 2019-02. In the event that the City Council
does not certify the MND, any approvals granted in this Resolution shall be null and
void. This decision is based upon the evidence submitted at the abovesaid hearing,
which includes, but is not limited to: The Request for Planning Commission Action dated
May 13, 2019 and June 10, 2019, and exhibits attached thereto; and the public
testimony, written and oral, all of which are incorporated herein by this reference.
ADOPTED this loth day of June, 2019.
AYES: Commissioners: Alderete, Benavides Cano Contreras -Leo, McLoughlin,
Nguyen, Rivera (7)
NOES: Commissioners: None.
ABSENT: Commissioners: None.
ABSTENTIONS: Commissioners: None.
Mark McLoughlin
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: v
Lisa Storck
Assistant City Attorney
Resolution No. 2019-26
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached
Resolution No. 2019-26 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on June 10, 2019.
Date: �( CR�(,� �✓Lj1
Recording Secretary
City of Santa Ana
Resolution No. 2019-26
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EXHIBIT A
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Conditions of Approval for Variance No. 2019-01
Variance No. 2019-01 to allow one additional monument sign at a 7-Eleven
convenience store 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, they 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.
1. This approval is to allow a 2,480 square foot convenience store (7-Eleven) with an
810 square foot gas station canopy with four fuel pumps that will operate 24 hours
per day, seven days a week.
2. All proposed site improvements must conform to Development Project Review (DP
No. 2017-38) and the staff report exhibits.
3. The applicant shall comply with the Mitigations Measure within the Mitigation
Monitoring and Reporting Program prepared for the project.
4. 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.
5. Applicant shall comply with the Conditions of Approval outlined in Conditional Use
Permit No. 2019-12.
6. The proposed monument signs shall comply with the regulations outlined in Section
41-862 of the SAMC, unless otherwise stated below. The monument signs shall be
architecturally compatible with the proposed convenience store and include a stone
base.
a. The monument sign along First Street shall not exceed six feet in overall
height and the overall height plus the overall width shall not exceed 16 linear
feet. The sign area of the monument sign shall not exceed 45 square feet.
The project address shall be located on the monument base of the
monument sign.
b. The monument sign along Daisy Avenue shall not exceed four feet in overall
height and the overall height plus the overall width shall not exceed 15 linear
feet. The sign area of the monument sign shall not exceed 30 square feet.
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