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Home My WebLink About31A - 801 N. MAIN ST. REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JANUARY 3, 2005 TITLE: VARIANCE NO. 2004-10 TO PROVIDE EXCEPTION FROM VARIOUS PROVISIONS OF THE SIGN CODE FOR THE ORANGE COUNTY PERFORMING ARTS PAVILION AT 801 NORTH MAIN STREET - CARIBOU INDUSTRIES. AP:f2- ~t:., ~ CITY MANAGER APPROVED 0 As Recommended 0 As Amended 0 Ordinance on 15t Reading 0 Ordinance on 2nd Reading 0 Implementing Resolution 0 Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Receive and file the staff report approving Variance No. 2004-10 (B1) for Sign No. B¡ (C1) for Sign No. C¡ (D1) for Sign No. D¡ (D2) for Sign No. D¡ (D3) for Sign No. D¡ (D4) for Sign No. D¡ (D5) for Sign No. D¡ and (E1) for Sign No. E as conditioned. PLANNING COMMISSION ACTION Adopted a resolution: 1. Approving Variance No. 2004-10 (B1) for Sign No. B¡ 2 . Approving Variance No. 2004-10 (C1) for Sign No. C¡ 3 . Approving Variance No. 2004-10 (D1) for Sign No. D¡ 4. Approving Variance No. 2004-10 (D2) for Sign No. D¡ 5. Approving Variance No. 2004-10 (D3) for Sign No. D¡ 6. Approving Variance No. 2004-10 (D4) for Sign No. D¡ 7. Approving Variance No. 2004-10 (D5) for Sign No. D¡ and 8. Approving Variance No. 2004-10 (E1) for Sign No. E. At its meeting on December 13, 2004 by a vote of 6:0 (Cribb absent). The variances provide exceptions from various provisions of the sign code for the Orange County Performing Arts Pavilion at 801 North Main Street. The Planning Commission added a condition to ensure of the existing roof mounted sign is removed to the conditions of approval outlined in the attached staff report (Exhibit A) . 31A-1 Variance No. 2004-10 January 3, 2005 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. ~JM St phen G. Hardi g Executive Dire or Planning & Building Agency LL:rb 11\reportS\PC&ZA\va04-10.cc 31A-2 REQUEST FOR Planning Commission Action ~ ~ PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: DECEMBER 13, 2004 TITLE: FILED BY CARIBOU INDUSTRIES FOR VARIANCE NO. 2004-10 TO PROVIDE EXCEPTION FROM VARIOUS PROVISIONS OF THE SIGN CODE FOR THE ORANGE COUNTY PERFORMING ARTS PAVILION AT 801 NORTH MAIN STREET APPROVED 0 As Recommended 0 As Amended 0 Set Public Hearing For DENIED 0 Applicant's Request 0 Staff Recommendation CONTINUED TO Prepared by Lucy Linnaus ~ ~?u':iirector ~g Manager RECOMMENDED ACTION Adopt a resolution: 1. Approving Variance No. 2004-10 (B1) for Sign No. B¡ 2. Approving Variance No. 2004-10 (Cl) for Sign No. C¡ 3. Approving Variance No. 2004-10 (D1) for Sign No. D¡ 4. Approving Variance No. 2004-10 (D2) for Sign No. D¡ 5. Approving Variance No. 2004-10 (D3) for Sign No. D¡ 6. Approving Variance No. 2004-10 (D4) for Sign No. D¡ 7 . Approving Variance No. 2004-10 (D5) for Sign No. D" and , 8 . Approving Variance No. 2004-10 (El) for Sign No. E. Prior Planning Commission Action At its September 27, 2004 meeting, the Planning Commission denied the applicant's request to allow a roof mounted sign with a reader board component (Sign A) and continued the remaining items to allow staff and the applicant an opportunity to review additional details regarding the proposed cabinet signs. After consideration, the applicant has withdrawn his variance request for Sign A. EXHIBIT A 31A-3 Variance No. 2004-10 December 13, 2004 Page 2 DISCUSSION Request of Applicant Caribou Industries is requesting approval of eight variances from the Santa Ana Municipal Code (SAMC) to allow a total of four wall mounted signs for the proposed Orange County Performing Arts Pavilion to be located at 801 North Main Street. Variances B1, C1, D5 and E-1 are to allow internally illuminated cabinet signs. Variance D1 is to exceed the number of secondary signs; D2 is to install a sign on a location not allowed; D3 is to install a sign above 20 feet from street finish grade and D4 is to exceed the maximum size of a secondary sign. Property Description The project site is located on the northeast corner of Main and Eighth Streets. The zoning designation for the site is Midtown Specific Plan (SP-3), with General Plan land use designations of District Center (DC) and Professional and Administrative Offices (PAO). The proposed use is consistent with both General Plan land use designations. Surrounding land uses include a theater and commercial uses to the north; a parking lot, multi-family residential and a commercial building to the east; and commercial uses to the south and the west (Exhibits 1 and 2) . The project site is an approximately 0.98 acre, L shaped parcel of land that has street frontage on Main, Bush, Eighth and Ninth Streets. It is developed with a 46,750 square foot, three level building formerly used by Bank of America. The site has 49 on-site parking spaces, with 13 of the stalls assigned via an easement to the adjacent theater use for required parking. As a result, the net number of spaces available at the site is 36. However, an additional 225 parking spaces located at 1055 North Bush Street and 1055 North Main Street, and 53 parking spaces at 809 North Bush Street/202 East Ninth Street will be made available for the use of the Orange County Performing Arts Pavilion patrons subject to approval of a variance. Project Description Caribou Industries is remodeling the existing vacant bank building to house the proposed Orange County Performing Arts Pavilion. The proposed venue will consist of a 374 - seat theater, a restaurant and ancillary offices. To provide identification for the venue, the applicant 31A-4 Variance No. 2004-10 December 13, 2004 Page 3 proposes to install four internally illuminated wall signs (Exhibits 3, 4, 5, 6, 7, 8, 9 and 10). Sign B, C and E are 49 square foot signs composed of reversed channel letters with a cabinet above. A sign will be installed on each of the building's three street frontages. Sign D is identical to the other signs, except that it is 140 square feet in area. Analysis of the Issues Signs have a direct impact on the quality of the visual environment. When displayed correctly, along with serving as business identification, they can help improve community identity, conserve property values and improve traffic safety. When improperly displayed, they can promote visual blight and clutter. The Sign Code is designed to communicate positive community standards by establishing guidelines for size, location, type and number of signs. Sign B, C and E are wall signs with three-foot, four inch high internally illuminated reverse channel letters and an 11-inch high internally illuminated reverse cabinet sign. A variance is needed to allow the internally illuminated cabinet component of the sign. In 1991, the City Council approved a comprehensive update to the City's Sign Code which included the prohibition of new cabinet signs due to their poor architectural quality. The new regulations favor individual channel letters, which are more architecturally compatible and aesthetically pleasing. At the September 27, 2004 Planning Commission meeting, the Commission requested staff meet with the applicant to review the details of the proposed cabinet signs. Based on this meeting, staff has determined that the proposed cabinet signs are fabricated of high quality materials and are attractive, tasteful, modern in design and architecturally compatible with the architecture of the building. The proposed cabinet signs meet the intent of the code, which is to promote high quality signage. Additionally, the installation of the cabinet sign will minimize the need for drilling holes into the building façade and therefore minimize damage to the natural marble clad building. The cabinet component of the sign will require six supports, while the individual letters would require at least 26 supports. Since marble is a natural material with a unique pattern and color variations, optimum repairs could be difficult to achieve once the sign is removed. 31A-5 Variance No. 2004-10 December 13, 2004 Page 4 Sign D is located on the north elevation and is composed of a 16-inch high internally illuminated reverse cabinet sign above five-foot high internally illuminated reverse channel letters. However, in addition to a variance for the cabinet component of the sign, Sign D will also require variances for its proposed location and size. The main regional vehicular access to the site is from the north on Main Street. The building currently uses a roof -mounted sign for identification, which the applicant will remove since it has lost its non- conforming status. To maintain the business identification, the applicant is proposing an additional sign viewable from Main Street, since the sign that could be located in compliance with City code would be blocked by the adjacent neighbors' non-conforming roof mounted signs. Therefore, staff will support the proposed location, provided the applicant is able to obtain an easement from the adjacent property owner for the proposed seven and one-half inch encroachment. Based upon the analysis of the project, the project's compatibility with the City's General Plan and the City's intent to promote high quality signage, staff recommends that the Planning Commission approve Variance No. 2004-10 for signs B, C, D and E as conditioned (Exhibits 11 and 12) . CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption Environmental Review No. 2004-184 will be filed for this project. u~ LL:JM 11\reportS\PC&ZA\va04-10.121304.pc 31A-6 C1 ~ d ~ C2 A RI R2 1 -B 5D-20 =:Jrø =:J~ ~ ~B I ¡-;;m I~ ~°fm ~Õ ;JB -om C2 A2 AI GENERAL AGRICULTURAL -B PARKING MODIFICATION C-SM COMMERCIAL SOUTH MAIN CI COMMUNITY COMMERCIAL CI-MD COMM. COMMERCIAUMUSEUM DISTRICT C2 GENERAL COMMERCIAL C3 CENTRAL BUSINESS C3-A CENTRAL BUSINESS-ARTIST VILLAGE C4 PLANNED SHOPPING CENTER C5 ARTERIAL COMMERCIAL CR GC MI M2 MO 0 P PCD PRD COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT RI R2 R3 SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE DENSITY MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN R4 RE SD SP A VA 04-10 ORANGE COUNTY PERFORMING ARTS PAVILION 801 NORTH MAIN STREET A eW' - - = 500 FEET l' = 1000 FEET p L A N N N G A N D B u L D N G A G E N c y 31Xr:¡ 1 OCHSA <t) - Lu (.) - u. u. 0 I- I- I PARKING I I w w W COUNTY W a: a: I- OF I- C/J C/J ~ ~ ORANGE ~ ~ - - PROBATION ~ ~ OFFICE a: a: « « ~ ~ NINTH EIGHT z ë( :æ ..... - COMMERCIAL - (.) .... RESIDENTIAL Lu ... ~ 0 COMMERCIAL (.) STREET ~ ..... ~ « - - ~ ¡... « <: ~ Lu C RESIDENTIAL - <t) Lu COMMERCIAL a: STREET :r: C/J ~ m PARKING ..... .. ..... - « ¡... - ~ (.) Lu Lu C ~ ~ <t) 0 Lu - (.) a: ¡..; C/J Z 0 w CJ a: ~ Q. C/J CIVIC CENTER DR. A VA 04-10 ORANGE COUNTY PERFORMING ARTS PAVILION 801 NORTH MAIN STREET A r9(' p G y L A N N N A N D B u L EXHIBIT 2 31A-8 D G N A G E c N Sign Variance Request Summary Table Sign Descripôon Variance Code Purpose No. Secôon Status A A 148 square foot roof A-I 41-860(3) To allow a sign that gives Withdrawn mounted sign with an 18 the illusion of motion by applicant inch LED text display area in A-2 41-862 To allow a roof mounted Withdrawn the lower portion SIgn by applicant B A 49 square foot internally B-1 41-863(e) To allow an internally illuminated sign composed illuminated cabinet sign of reversed channel letters and a cabinet on the west elevation, facing Main Street C A 49 square foot internally C-l 41-863(e) To allow an internally illuminated sign composed illuminated cabinet sign of reversed channel letters C-2 41-863(b )(2) To exceed the maximum Withdrawn and a cabinet on the south size of a secondary (Applicant elevation, facing Eighth elevation sign reduced Street sign size) D A 140 square foot internally D-l 41-863(a) To exceed the number of illuminated sign composed secondary wall signs of reversed channel letters allowed on a building and a cabinet on the north D-2 41-863(a) To install a wall sign on a elevation location not allowed D-3 41-863( d)(1) To install a wall sign above 20 feet from street finish grade D-4 41-863(b )(2) To exceed the maximum size of a secondary elevation sign D-5 41-863(e) To allow an internally illuminated cabinet sign E A 49 square foot internally E-l 41-863(e) To allow an internally illuminated sign composed illuminated cabinet sign of reversed channel letters and a cabinet on the east elevation, facing Bush Street VA 2004-10 EXHIBIT 3 31A-9 BUSH STREET 1-. LLI LLI a:: 1-. V) :t: 1-. 00 @ @ NORTH MAIN STREET @Site Plan Sign Elevation Locations TDIIII'nIpoIed SIn8ge aD aRT .:.. Fï.iRN c-;nrv'~Aï~V 2321 ROSECRANS AVE. SUITE 12S0 El SEGUNDO, CA 90245 T 310.297.9777 F 310.297.9780 CA HATE CONTRACTORS LtCEN§E I8260S1 Total Sq. Ft.:- 223' -0. ~ - ..-tJD8Ø: !We -~ 8CIU: 8It!n I!IIIIo II. c:on81Io 1_1 NN4 _E._II - 1 WSRIIER-. 1AN1ORD-. CQNC8I'R.W..-.....œLY.: ....... -........-................... .............................. CI88 =:::~"IIRr¡""'" M1.RI8fI8R&IiIIViD: lIIt.......--...... I:rJIIII"-"'.""''''''''''''' =- ",mARt ~ ::.':':.'::""...::=- In.., ..-.......,..--- 31 J«-HlEOT 4 § 81 1.1 ..,-.4 Ilrl- ~ ~ . I Jill . I ~ V 't. if. J I t - ¡:¡.:¡ I!II HII v311 dmll . . I ~ Ii Ihu dI~ ~ Ildil I .~ I I PO ~ EXHIBIT 5 8th 81. Elevation ZJZl 1tÐI5EC1AN5 AVE. sum: 1250 EL SEGUNDO, CA 90245 T 31 Ð.297.'177 F 31 G.2'7.'71G _11.- - .... -E.-. - . -- I~. ¡¡¡inN Ci:ifVi¡;¡4NV 01 ST,..n: COIn1lIICn:IØ UCIJIR_' ---- ------ --.-......-. - =====----. ~- -------- .....---......--... ""'-.::."---- Cr-....=~- 311tU~IE6 ~:'" ¡;¡i~N COññ¡;¡a.NV BDBRT aZI ROSfOIAN$AYE SUITE IZSO eL SECUNDO, CA 90245 T 31G.217.1»77 F 31G.217.1»1O - DIIII8II/DII: IMIE: _1Ir. --= - _1Ic:.r..- ..... .... 1ICIw.E.-. - I -- 1Ma.IIID- {A 5T.\"IE CDNT'IIICTOU UCDIIE flaRt51 --.-z ==:..._~.,...:. =.::"'''JIIIÞ8~''' IIU._-""--- ===r~=-"':!:".t.. -~==--::...- 3,'WLBtTj' Bush St. Elevation aD aRT ~ Þ.ßVI LID" - -,.- - -I'r. -- - -- ~ - IICIIMDL_. - I - .~. ¡¡¡¡¡UnlN r!nA,RCBf\JV 2321 ROSECRANS AVE. sum: 1250 EL SECUN DO" CA 9ClZ45 T JUU'7S777 F mL2'7.9780 --- CA"'A""~UCÐI._1 --,. ==:...__:..-""~ ==:==-..-.... ------ -..--.--_t.- ,,"""'.R_"__- -....-.....----- "'..--- 3 f~!~I¡8 10'-6" LI ~ Day SlInulatlon . . 800..: I"" -1' -0" ~ Night Simulation WALL LEITER SPECFICAIIONS 800'.: 1/8' -1' -0' ---- -----_"""_IF______~ ......... ...... "" - - ....... -- . III Rœh caIIr logo CØpUe IIcUId .o63N.rNu1 AanId 1oW'''~", \&IgI) TIIIt I'" ,føo¡Io IIacI8d NIl' -- 7U1 I811III "MIUCN" .0901Urbm...... ~ ".. 28448 M8IaIc 8I8r ItmD I8.8rhIan 16nm NIlan U. ... Ylll8H1iOO aD BRT -- - _,_e .... -.. 8IIIfII2 IIIIE1: .:. ",IAN r;nIWll5iiloAI'WV Z3Z I IIOSI:CJIANS ¡WI. sura 1Z 50 B. SÐ;UNDO, CA !IOZ45 T JlO,ZI7.1t777 r JlO,Zl7.9780 -..- - - _I!._. - 1<111 UlUCl8NfIIIIIIL CA5TA.n~UŒM5E--!li1 ----...,....-- ----.---- ,....------- ---..::'%.....-- --_C8P. ==----=. ===----- 3Ff~~~ 5 - - , ,.. I: cp ;... II C? fa @ Day Simulation 8_1.: S/.. -1' -0. 0 Night Simulation ._1.: SI.. -1' -0. WAU.l.ETTER SPEClFICAIIONS ~ ----(1)--------'" -............ , - T - ........ 'Ir .J111111181 - - 1.OOOQpU8 RIIuIIId .D6I M.rrtUI PaN8cI .w .... MllalcQll\< IagII T8d 1.18" AøvIc IIadi8d ~ ..... # 7328 1111118"'M111CN" .DPOMI'rbm --- ti8d MIIIP'" M8IaIcG!8r ..~ 18nm""'" "'" ... *6000 BDBRr ~ Þ~VILIO" aZI ROSEDtANS AVE. SUITE IlSO EL SECUNDO, CA CJœ~5 T )10.;151.11777 F )10.;1''''780 -- 111118D/811t 11m!: _lIP. 8CIIIU: - au.1I0I88t ..... - ___I - . -- I~" &ICiiN .-:r11W'11C1.o.NV ~sn:n:~~EJ8: ØJ851 --- ----...-- ......... ..................... .,.. ==~............. ~ M.L_IlI__"'''-- _.._-.~..._... -=-..- a:r,::......:=::-- ---- ~~~21lf Variance No. 2004-10 December 13, 2004 Page 1 of 2 Findings of Fact A. That because of special circumstances applicable to the subj ect property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subj ect property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. One of the main vehicular accesses to this building is from the North. While the building has a frontage to the North, it is obstructed by non-conforming roof signs on the adjacent property. In addition, while this building is two stories due to the particulars of its use, the total height of the building is consistent with that of a three-story building. Signs located above 20 feet from the street are permitted on those buildings in compliance with the Sign Code. Therefore, the strict application of the zoning code deprives the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of Chapter 41. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The variance for signage is not necessary to preserve property rights as the Orange County Performing Arts Pavilion will still maintain the ability to modify signage to meet City codes and allow identification of the business. C. 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 for signage will not be detrimental to the public welfare or injurious to surrounding property as conditioned. The proposed signs are of high quality materials, and are architecturally compatible with the modern design of the building. In addition, the removal of the existing roof sign will lessen the clutter and sign blight and provide a positive impact along Midtown. VA 2004-10 EXHIBIT 11 31A-17 Variance No. 2004-10 December 13, 2004 Page 2 of 2 D. That the granting of the General Plan of the City. variance will not adversely affect the The granting of the variance will not adversely affect the General Plan of the City in any way as the land use designation of District Center (DC) and Professional and Administrative Offices (PAO) allows signage in conjunction with the permitted uses in the land use designation. 31A-18 DECEMBER 13, 2004 PAGE 1 OF 1 Conditions for Approval Variance No. 2004-10 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 Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full 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. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2004-65. 2 . Any amendment to this variance must be Planning Division for review. At that determine if administrative relief is variance must be amended. submitted to time, staff available or the will the 3. Variance No. 2004-10 (Dl), (D2), (D3), (D4) and (D5) shall be of no force and effect and null and void for all purposes until an easement for the encroachment of the sign into the adjacent neighbor located at 809 North Main Street is recorded. VA 2004-10 EXHIBIT 12 31A-19 KO - 12/21/04 I RESOLUTION NO. 2004-50 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2004-10 TO ALLOW MULTIPLE VARIANCES FROM THE SIGN CODE FOR THE PROPERTY LOCATED AT 801 NORTH MAIN 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. B. Applicant is requesting approval of eight (8) variances from the Santa Ana Municipal Code (SAMC) in order to allow a total offour (4) signs at 801 North Main Street. The Signs proposed by the applicant, and the necessary variances include: 1. Sign B is a wall sign with three-foot, four inch high internally illuminated reverse channel letters and an 11-inch high internally illuminated reverse cabinet sign. A variance is needed to allow the internally illuminated cabinet component of the sign. Sign C is a wall sign with three-foot, four inch high internally illuminated reverse channel letters and an 11-inch high internally illuminated reverse cabinet sign. A variance is needed to allow the internally illuminated cabinet component of the sign. 2. 3. Sign D is located on the north elevation and is composed of a 16- inch high internally illuminated reverse cabinet sign above five-foot high internally illuminated reverse channel letters. However, in addition to a variance for the cabinet component of the sign, Sign D will also require variances for its proposed location and size. 4. Sign E is a wall signs with three-foot, four inch high internally illuminated reverse channel letters and an 11-inch high internally illuminated reverse cabinet sign. A variance is needed to allow the internally illuminated cabinet component of the sign. The applicant withdrew his application for Sign A. 5. 31A-20 Resolution No. 2004-50 Page 1 of 4 C. On September 27, 2004, the Planning Commission held a duly noticed public hearing and continued the hearing to October 11, 2004. 1. On October 11, 2004, the Planning Commission continued the hearing to October 25, 2004. On October 25, 2004, the Planning Commission further continued the public hearing to November 22, 2004. 2. D. On November 22, 2004 the Planning Commission continued the public hearing to December 13, 2004. The Planning Commission determines that for Variance No. 2004-10 (B 1) for Sign No. B; (C1) for Sign No. C; (D1) for Sign No. D; (D2) for Sign No. D; (D3) for Sign No. D; (D4) for Sign No. D; (D5) for Sign No. D; and (E1) for Sign No. E the following findings, which must be established in order to grant a variance from the provisions of the Santa Ana Municipal Code, have been established: 3. 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. 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 substantial property rights, which rights are enjoyed by other similarly situated properties. More specifically, visibility of the subject building is blocked by structures on an adjacent property. Further, the existing building on the subject site has the height of a three-story building but is only a two-story building, thus sign height standards unnecessarily constrain the placement of signs on the building's walls in that they would be awkwardly located. Further, the proposed performing arts use is of a regional nature, which nature necessitates sufficient and additional sign visibility to adequately serve the motoring public. Finally, the design of the proposed cabinet signs, which incorporates an internally illuminated reverse cabinet design, is of extraordinary quality. The prohibition on cabinet signs was primarily focused on inexpensive, plastic and sheet metal cabinet boxes. 31A-21 Resolution No. 2004-50 Page 2 of 4 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. As indicated above, unique circumstances warrant relief from the sign regulations to ensure this property enjoys substantial property rights, including rights to properly and adequately identify the location of a regional performing arts facility, which rights are presently enjoyed by other similarly situated properties. 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 for signage will not be detrimental to the public welfare or injurious to surrounding property as conditioned. The proposed signs are of high quality materials, and are architecturally compatible with the modern design of the building. In addition, the removal of the existing roof sign will lessen the clutter and sign blight and provide a positive impact along Midtown. 4. That the granting of the variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the General Plan of the City in any way as the land use designation of District Center (DC) and Professional and Administrative Offices (PAO) allows signage in conjunction with the permitted uses in the land use designation. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption Environmental Review No. 2004-184 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby: 1. Approves Variance No. 2004-10 (B 1) for Sign No. B; (C 1) for Sign No. C; (D1) for Sign No. D; (D2) for Sign No. D; (D3) for Sign No. D; (D4) for Sign No. D; (D5) for Sign No. D; and (E1) for Sign No. E as conditioned. The Conditions are attached hereto as Exhibit A and incorporated herein as though fully set forth. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Staff reports and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference. E. 2. 31A-22 Resolution No. 2004-50 Page 3 of 4 3. Attached hereto and incorporated as though fully set forth herein is Exhibit B, a matrix summarizing the signs, the variances and the action taken by Planning Commission. ADOPTED this 13th day of December, 2004 by the following vote: AYES: NOES: ABSENT: ABSTENTIONS: Commissioners: De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair(6) None (0) Cribb (1) None (0) Commissioners: Commissioners: Commissioners: Glenn Mondo Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Deputy City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I. MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2004-50 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 13, 2004. Date: Clerk of the Planning Commission City of Santa Ana 31A-23 Resolution No. 2004-50 Page 4 of 4 Conditions for Approval for Variance No. 2004.10 Variance No. 2004-10 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 Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full 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. All proposed site improvements must conform to the Site Plan Review approval of OP No. 2004-65. 2. Any amendment to this variance must be submitted to the Planning ~ivision for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. Variance No. 2004-10 (01), (02), (03), (04) and (05) shall be of no force and effect and null and void for all purposes until an easement for the encroachment of the sign into the adjacent neighbor located at 809 North Main Street is recorded. Exhibit "An 31A-24 Sign Variance Summary Table Sign ,....8In VaF1anc Qed. pu... No. . section status A A 148 square foot roof A-1 41-860(3) To allow a sign that Withdrawn mounted sign with an 18 gives the illusion of by inch LED text display area motion a licant in the lower portion A-2 41-862 To allow a roof Withdrawn mounted sign by a licant B A 49 square foot internally B-1 41-863(e) To allow an internally illuminated sign composed illuminated cabinet of reversed channel letters sign and a cabinet on the west elevation, facing Main Street C A 49 square foot internally C-1 41-863(e) To allow an internally illuminated sign composed illuminated cabinet of reversed channel letters si n and a cabinet on the south C-2 41- To exceed the elevation, facing Eighth 863(b )(2) maximum size of a Street secondary elevation si n D A 140 square foot D-1 41-863(a) To exceed the number internally illuminated sign of secondary wall signs composed of reversed allowed on a buildin channel letters and a D-2 41-863(a) To install a wall sign on cabinet on the north a location not allowed elevation D-3 41- To install a wall sign 863(d)(1) above 20 feet from street finish rade D-4 To exceed the maximum size 0 a secondary elevation sicm D-5 41-863(e) To allow an internally illuminated cabinet sign E A 49 square foot internally E-1 41-863(e) To allow an internally illuminated sign composed illuminated cabinet of reversed channel letters sign and a cabinet on the east elevation, facing Bush Street Exhibit "B" 31A-25 41- 863(b )(2) f 31A-26