HomeMy WebLinkAbout2005-005 - Denying Variance No. 2004-12
KO - 01/10/05
RESOLUTION NO. 2005-005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA DENYING VARIANCE NO. 2004-12 SEEKING
TO ALLOW A 100-FOOT TALL FLAGPOLE AT AN
EXISTING SERVICE STATION AT 617 EAST
SEVENTEENTH STREET (APPEAL NO. 2004-09)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A.
The applicant is requesting approval of Variance Permit No. 2004-12 to
allow a 100-foot tall flagpole at an existing service station at 617 East
Seventeenth Street.
Applicant is seeking a variance from Santa Ana Municipal Code Section
41-602(c)(2), which establishes a height limit of 35-feet for structures that
are located in the C5 zone and within 140-feet of any property zoned or
used for residential purposes.
1. As defined in the municipal code, a structure is "anything
constructed or erected which requires permanent location on the
ground, or attached to something having permanent location on the
ground, including signs and billboards".
The flagpole is over two times above the maximum allowable height
for this zone and is immediately adjacent to single-family
residences.
B.
2.
C.
Variance No. 2004-12 came before the Planning Commission of the City
of Santa Ana for a duly noticed public hearing on October 25, 2004. The
Planning Commission, by a vote of 5:2 (Lutz, Sinclair opposed) voted to
deny Variance No. 2004-12 based on the determination that no overriding
circumstances existed that warranted exceeding the height limit and
concerns about the flagpole being utilized as an additional marketing tool
for the service station.
The applicant appealed the Planning Commission's decision, Appeal No.
2004-09. On January 18, 2005, Variance No. 2004-12 (Appeal No. 2004-
09) came before the City Council of the City of Santa Ana for a duly
noticed public hearing.
Santa Ana Municipal Code Section 41-638 authorizes the City Council to
grant a variance upon making certain findings. The City Council
D.
E.
Resolution 2005-005
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determines that the findings necessary to grant the variance have not
been established:
1.
2.
3.
4.
Resolution 2005-005
Page 2 of 4
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.
i. There are no special circumstances applicable to the subject
property where the strict interpretation 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 the zoning code.
The existing service station is situated at a prominent
business location, directly north of the freeway off-ramp and
immediately adjacent to the freeway on-ramp. Additionally,
Seventeenth Street is a major arterial street and provides a
large volume of traffic in this area. Also, there is an existing
35-foot freestanding pole sign on the southeast portion of the
site that provides additional identification to the site.
Therefore, there is no need for additional signage or
identification symbols on the premises.
This is a typical lot with no unique site features that warrants
a structure to exceed the maximum allowable height limit
within the zone.
That the granting of a variance is necessary for the preservation
and enjoyment of one or more substantial property rights.
The denial of the variance should not significantly impact the
right of the property owner to enjoy the use of their property.
Seventeenth Street is a major arterial in the City and has a
high traffic volume. The construction of a 100-foot tall
flagpole will not guarantee any greater enjoyment or
business attraction permitted by code.
That the granting of a variance will not be materially detrimental to
the public welfare or injurious to surrounding property.
The granting of a variance will be detrimental and
aesthetically incompatible to the surrounding residential
uses, when considering that no other structure is similar in
height to the proposed structure and the residential uses
located immediately to the north of this site, which are
considered a sensitive land use.
That the granting of a variance will not adversely affect the General
Plan of the City.
ii.
iii.
The Santa Ana Freeway is designated as a primary street
corridor and Seventeenth Street is designated as a
secondary street corridor and major arterial in the City's
General Plan. The General Plan discourages the intrusion
of unsightly signage and other similar structures, such as the
proposed 100-foot tall flagpole, which impact the visual and
aesthetic qualities of these corridors.
In accordance with the California Environmental Quality Act, this is not a
project; no environmental documentation is necessary for this project.
Section 2. The City Council of the City of Santa Ana after conducting the
public hearing, hereby denies Appeal No. 2004-09 and Variance No. 2004-12. This
decision is based upon the evidence submitted at the abovesaid hearing, which
includes but not is not limited to: the Request for City Council Action dated January 18,
2005 and exhibits attached thereto; and the public testimony written and oral, all of
which are incorporated herein by this reference
Section 3. This decision rendered by the City Council of the City of Santa Ana
is final and is subject to judicial review pursuant to California Code of Civil Procedure
section 1094.6. The Clerk of the Council shall give direct notice to the applicant of the
Council's decision and these findings.
F.
ADOPTED this 18!!l_day of January, 2005.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
.i~~
Otto
t City Attorney
Resolution 2005-005
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AYES:
Councilmembers:
Alvarez, Bist. Christy. Garcia. Pulido. Solorio (6)
NOES:
Councilmembers:
None (0)
ABSTAIN:
Councilmembers:
Bustamante (1)
NOT PRESENT: Councilmembers: None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2005-005 to be the original resolution adopted by the City
Council of the City of Santa Ana on January 18. 2005. "
Date:
/3 /7. ~/:2-0tJ<;:
I
¿
Clerk of the Council
City of Santa Ana
Resolution 2005-005
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