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HomeMy WebLinkAboutReso 2318 2401 S Pullman St Resolution No. 2023-18 Page 1 of 9 RESOLUTION NO. 2023-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2023-17 AS CONDITIONED TO ALLOW THE CONSTRUCTION OF A 60-FOOT HIGH FREEWAY- ORIENTED DIGITAL BILLBOARD FOR DEL AMO MOTORSPORTS OF ORANGE COUNTY LOCATED AT 2401 SOUTH PULLMAN 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. Ariana Diverio with EMI Strategies Inc., on behalf of Del Amo Motorsports of Orange County (“Applicant”) and Pullman, L.P. (“Property Owner”), is requesting approval of Conditional Use Permit (“CUP”) No. 2023-17 to allow the construction of a new 60-foot high freeway-oriented off-premises digital billboard at 2401 South Pullman Street. B. Section 41-1110 of the Santa Ana Municipal Code (“SAMC”) requires approval of a CUP for the construction of a new digital billboard. C. The proposed digital billboard complies with all required standards specified by Article XII (Off-Premises Commercial Advertising Signs) of Chapter 41 (Zoning) of the SAMC and will comply with the standards of the California Department of Transportation (“Caltrans”) for the construction and operation of a freeway-oriented digital billboard. D. On August 28, 2023, the Planning Commission held a duly-noticed public hearing on CUP No. 2023-17. E. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant a CUP pursuant to Section 41-1112 of the SAMC, have been established for CUP No. 2023-17 to allow the construction a new 60-foot high freeway-oriented digital billboard at 2401 South Pullman Street. 1. The proposed digital billboard shall not constitute a hazard to the safe and efficient operation of vehicles upon a freeway. The construction and operation of a freeway-oriented digital billboard at the subject location will not constitute a hazard to the safe and Resolution No. 2023-18 Page 2 of 9 efficient operation of vehicles upon the Costa Mesa (SR-55) Freeway as the billboard has been designed to comply with the design and lighting standards set forth by Article XII of the SAMC which will ensure that the billboard lighting does not interfere with adjacent traffic. Such standards include but not limited to a maximum 0.3 foot‐ candles over ambient light levels and prohibiting images that present the appearance of motion, flashing, scintillating, blinking, or traveling lights or any other means not providing constant illumination. In addition, the digital billboard will need to comply with all applicable laws and regulations concerning brightness, including, without limitation, Section 21466.5 of the California Vehicle Code. 2. Adequate space exists between the proposed digital billboard and any existing billboards in the vicinity, thus avoiding or minimizing any negative aesthetic impacts to surrounding land uses. There is adequate space between the proposed digital billboard and any existing billboards in the vicinity. City and Caltrans regulations require that billboards not be placed within 1,000 feet of each other on the same side of the freeway and the proposed digital billboard conforms to that spacing requirement. The subject property located along the SR-55 is in a segment that is bookended by the Dyer Road underpass and the Warner Avenue overpass. Within this northbound section of SR-55, there are no digital or static billboards of any kind. The nearest static billboard is on the opposite side of the freeway, after the East Warner Avenue overpass and is 945 feet away from the proposed billboard location. With these spacing measurements, there will be no negative aesthetic impacts to surrounding land uses. 3. The size and design of the digital billboard will not be out of context with its visual environment. The size and design of the proposed digital billboard is in alignment with the context of its visual environment. The Final Initial Study (IS)/Mitigated Negative Declaration (MND) investigated the aesthetic consistency for the Potential Billboard Area 5, and determined that it is located within an area characterized by industrial business parks and commercial areas. The billboard has been designed with similar architectural elements to be match the Del Amo Motorsports primary building. The billboard’s size is congruent with the open space and sizing of the parcel along with the existing building elements and their overall height. The billboard development is a logical and cohesive addition to this area of Santa Ana. Resolution No. 2023-18 Page 3 of 9 4. The digital billboard will not cause light and glare to intrude upon residential uses, including those in mixed-use districts or developments. The proposed digital billboard will not cause light and glare that will intrude upon residential uses, including those nearby mixed-use districts or developments. As mentioned, the proposed digital billboard is located in a predominately commercial and industrial area of the city and there are no surrounding residential land uses. Furthermore, the billboard has been designed as a “V” shape billboard so that the light-emitting diode (LED) displays are angled to the freeway and away from other surrounding properties. The light from the billboard will be extensively controlled by both hardware and software elements such as horizontal louvers to prevent light spillage vertically and narrow angle LEDs to prevent light spillage horizontally. Additionally, the LED displays will be able to dim down to 1-percent of total operational brightness while still retaining full color saturation and will adjust to ambient light with gradual increases to daytime brightness and gradual decreases to nighttime brightness. Chapter 4.1: Aesthetics, Threshold (d) of the IS/MND investigated lighting standards for the Potential Billboard Area 5, which was found to be located in an area that matched the commercial character of the surrounding area. The determination was made that compliance with the standard conditions and design parameters in the Billboards Ordinance would preclude impacts to scenic quality, therefore impacts would be less than significant and no mitigation would be required. The proposed digital billboard adequately complies with City Section 41-1133: Lighting and Display Requirements and adheres to California Vehicle Code Section 21466.5 regarding all applicable laws and regulations concerning brightness. 5. The digital billboard will not significantly block or impair views of landmarks identified in the City's General Plan. The proposed digital billboard is not located in any proximate vicinity to landmarks as identified by the Urban Design Element Policy 6.2 of the City’s General Plan and will not in any way block or impair views to landmarks. Chapter 4.1: Aesthetics, Threshold (a) of the IS/MND investigated the adverse effects on a scenic vista for the Potential Billboard Area 5, and made the determination that any future billboards would not substantially obscure views of the Santa Ana Mountains or major landmarks and as a result, the proposed project would result in less than significant impacts and no mitigation is required. Resolution No. 2023-18 Page 4 of 9 6.The installation of the new digital billboard will result in significant economic and community benefits. The installation of the proposed digital billboard will result in significant economic and community benefits through the execution of an Operating Agreement. This Operating Agreement, as agreed upon by the City of Santa Ana and the billboard owner, contains provisions that require (a) an annual monetary remittance fee to the City, (b) a measured increase in dealership sales tax revenue to the City year after year, and (c) free advertising time and space for City public service announcements and emergency messages. Not only will the billboard provide economic stimulation through items (a) and (b), which will allow the City to further invest in community benefits, but will also provide standalone community benefits in item (c), which will allow for important municipal announcements to be shared that help get the community engaged in City services and events. Furthermore, the billboard will help Del Amo Motorsports to continue to be a thriving business in Santa Ana and capture the consumers who would travel to other dealerships in other cities. This will allow the dealership to increase its employment positions and provide economic growth in the City of Santa Ana further attracting new additional businesses and residents. Section 2. In accordance with the California Environmental Quality Act (CEQA) and Section 15162 of the CEQA Guidelines, this project is within the scope of the 2022 Santa Ana Off-Premises Commercial Advertising Signs Ordinance Mitigated Negative Declaration (MND) (SCH No. 2022030204). An environmental analysis has been conducted for this project which revealed that the previously prepared MND adequately describes the project’s environmental setting, impacts, and mitigation measures related to each impact. There are no substantial changes proposed by this project. There are no substantial changes with respect to circumstances under which the project is undertaken that will require major revisions to the MND. There is no new information of substantial importance. All environmental impacts associated with this project were considered and evaluated by the MND approved and adopted. There is no new information of substantial importance. There are no new environmental impacts or mitigation measures needed. All applicable mitigation measures, attached hereto as Exhibit B, applied to the previously prepared MND will be applied to this project. As such, a Notice of Determination, Environmental Review No. 2023-9, will be filed for this project. Section 3. 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 Resolution No. 2023-18 Page 5 of 9 against the City and/or any of its officials, officers, employees, agents, 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 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 4. The Planning Commission of the City of Santa Ana, after conducting a public hearing, hereby approves Conditional Use Permit No. 2023-17, as conditioned in Exhibit A, attached hereto and incorporated herein, for the construction of an off-premises digital advertising billboard for Del Amo Motorsports of Orange County located at 2401 South Pullman Street. This decision is based upon the evidence submitted at the above- referenced hearing, including but not limited to: The Request for Planning Commission Action dated August 28, 2023, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 28th day of August 2023 by the following vote: AYES: Commissioners: Carl Benninger, Manuel J. Escamilla, Christopher Leo, Jennifer Oliva, Bao Pham, Isuri Ramos, Alan Woo (7) NOES: Commissioners: (0) ABSENT: Commissioners: (0) ABSTENTIONS : Commissioners: (0) ____________________ Bao Pham Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: _____________________ John M. Funk Chief Assistant City Attorney Resolution No. 2023-18 Page 6 of 9 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Nuvia Ocampo, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2023-18 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 28, 2023. Date: Nuvia Ocampo Recording Secretary City of Santa Ana 8/28/2023 Resolution No. 2023-18 Page 7 of 9 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2023-17 Conditional Use Permit No. 2023-17 allowing the construction of a new 60-foot high freeway-oriented off-premises digital billboard 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 with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. All proposed site improvements must conform to Development Project Review (DP) No. 2022-45, and the staff report exhibits incorporated herein by reference. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the conditional use permit must be amended. 3. The billboard shall comply with the development, design, lighting, and operational standards set forth by Article XII (Off-Premises Commercial Advertising Signs (Billboards) of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) and in accordance with all applicable standards set forth by the California Department of Transportation (“Caltrans”). 4. The project shall comply with all applicable mitigation measures as identified by the Mitigation Monitoring and Reporting Program of the 2022 Santa Ana Off- Premises Commercial Advertising Signs Ordinance Mitigated Negative Declaration (MND) (SCH No. 2022030204), attached hereto as Exhibit B. 5. Approval of CUP No. 2023-17 shall not become effective until its associated Operating Agreement is fully executed and recorded. 6. Violations of the CUP, as contained in Section 41-647.5 of the SAMC, will be grounds for permit revocation and/or suspension as described in Section 41-651 of the SAMC. 7. Prior to issuance of building permits, the applicant shall submit a copy of the permit approval from Caltrans to the Planning Division. Resolution No. 2023-18 Page 8 of 9 8. Prior to issuance of building permits, a Property Maintenance Agreement shall be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained. Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses); c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris on or about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms; f. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless Resolution No. 2023-18 Page 9 of 9 the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement; and g. The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City.