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Home My WebLink About2006-32KO -12/19/06 RESOLUTION NO. 2006-032 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2006-14 AS CONDITIONED TO ALLOW AN INDIVIDUAL CHANNEL LETTER WALL SIGN ON THE NORTH ELEVATION OF THE PROPERTY LOCATED AT 100 SOUTH MAIN STREET; THE REVOCATION OF VARIANCE NO. 2004-07 (E) FOR THE SIXTEEN (16) SQUARE FOOT CABINET SIGN ON THE EAST ELEVATION AND THE REVOCATION OF VARIANCE NO. 2004-07 (F) FOR THE FORTY-NINE (49) SQUARE FOOT PAINTED WALL SIGN ON THE WEST ELEVATION FOR THE PROPERTY LOCATED AT 100 SOUTH 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. Applicant is requesting approval of Variance No. 2006-14 to allow an individual channel letter wall sign on the north elevation of Original Mike's Restaurant located at 100 South Main Street. B. Variance No. 2006-14 came before the Planning Commission on November 27, 2006 for a duly noticed public hearing. The Planning Commission continued the matter to December 18, 2006. C. Section 41-865(a) of the Santa Ana Municipal Code, allows marquee signs provided no wall, canopy or projecting signs are installed on the same elevation. The subject property currently has a marquee sign on the same elevation that they are requesting the individual channel letter sign. D. The applicant has requested Variance No. 2004-07 (E) for the sixteen (16) square foot cabinet sign on the east elevation and Variance No. 2004-07 (F) for the forty-nine (49) square foot painted wall sign on the west elevation for the property. E. The Planning Commission determines that for Variance No. 2006-14 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: Resolution No. 2006-032 Page 1 of 6 • 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that 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 applicable to the subject property. Due to the location of the building on the corner of a major intersection and the size of the elevation, the installation of additional signage will allow Original Mike's the ability to identify the restaurant. 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 for an additional wall sign is necessary to preserve property rights, which allows the restaurant the ability to properly identify the business. 3. 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 for the additional wall sign will not be detrimental to the area. The existing sign, which is 104 square feet, in conjunction with the proposed 50 square feet sign would not exceed the maximum area allowed by code. Additionally, the proposed wall sign is proposed to be placed on the north elevation, away from any residential uses. Finally, due to the size of the north elevation and the removal of two existing wait signs that were allowed under a previously approved variance, the installation of an additional wall sign will not result in visual clutter on the premises. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the proposed variance will not adversely affect the General Plan of the City. The land use designation of General Commercial (GC) allows signage in conjunction with retail uses. Resolution No. 2006-032 Page 2 of 6 • F. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15311. This Class 11 exemption applies to a project that involves the construction of minor structures accessory to existing commercial buildings including the construction of on-premise signs. Categorical Exemption Environmental Review No. 2006-177 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby: A. Approves Variance No. 2006-14 as conditioned in Exhibit A attached hereto and incorporated herein. B. Revokes Variance No. 2004-07 (E) for the sixteen (16) square foot cabinet sign on the east elevation. Said revocation shall become effective sixty (60) days from the adoption of this resolution. C. Revokes Variance No. 2004-07 (F) for the forty-nine (49) square foot painted wall sign on the west elevation for the property. Said revocation shall become effective sixty (60) days from the adoption of this resolution. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated November 27, 2006 and exhibits attached thereto; the Request for • Planning Commission Action dated December 11, 2006 and exhibits attached thereto and the public testimony all of which are incorporated herein by this reference. ADOPTED this 11th day of December, 2006 by the following vote: AYES: Commissioners: Cribb, De La Torre, Gartner, Lutz (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Leo (1) ABSTENTIONS: Commissioners: Betancourt (1) Harvey De La Torre Vice Chairperson Resolution No. 2006-032 Page 3 of 6 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. O o Assistant ty Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2006-032 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 11, 2006. Date: l ~Q C e k of the Planning Com sion City of Santa Ana Resolution No. 2006-032 Page 4 of 6 • Conditions for Approval for Variance No. 2006-14 Variance No. 2006-14 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, 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 rip 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 Prior to issuance of a building permit for the new sign, the applicant shall remove the existing "Artist Lofts" cabinet sign from the east elevation and the "Original Mike's" painted wall sign from the west elevation. 2. Prior to issuance of a building permit for the new sign, the applicant shall execute an encroachment permit with the Public Works Agency and City Attorney's office to allow the sign to encroach into the public right-of-way. • 3. Prior to issuance of a building permit for the new sign, the applicant shall modify the existing marquee sign in order to comply with the Uniform Sign Code. 4. Any amendment to this variance must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the variance must be amended. 5. Restoration of the building exterior, including the repair of holes in the bricks resulting from the installation of building signage, shall be subject to the provision of the Secretary of the Interior Standards. All repair work must be reviewed and approved by the Planning Division. Resolution No. 2006-032 Page 5 of 6 • PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2na Santa Ana, California 92702. I served the fore oing document described as: Resolution No. 2006-032 Variance No. 2006-14 in this action by placing a true copy ereo enc ose in sealed enve opes a resse as follows: Michael Harrah Caribou Industries 1200 N. Main Street, Suite 900 Santa Ana, CA 92701 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and • processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on January 18, 2007 at Santa Ana, California. MAR A RAMIREZ Resolution No. 2006-032 Page 6 of 6