HomeMy WebLinkAbout2005-17RESOLUTION NO. 2005-17
KO -6/20/05
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA DENYING VARIANCE NO.
2005-09 SEEKING TO ALLOW A 50-FOOT TALL
FLAGPOLE AT AN EXISTING SERVICE STATION AT 617
EAST SEVENTEENTH 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. The applicant is requesting approval of Variance No. 2005-09 to allow a
50-foot tall flagpole at an existing service station at 617 East Seventeenth
Street.
B. Variance No. 2005-09 came before the Planning Commission of the City
of Santa Ana for a duly noticed public hearing on June 13, 2005.
C. 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".
2. The flagpole exceeds the maximum allowable height for this zone
by 15-feet, and is immediately adjacent to single-family residences.
D. Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a variance upon making certain findings. The
Planning Commission determines that the findings necessary to grant the
variance have not 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.
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
Resolution No. 2005-17
Page 1 of 4
privileges not otherwise at variance with the intent and
• purpose of the provisions of the zoning code.
ii. 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. In addition, 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.
iii. This is a typical lot with no unique site features that warrant
a .structure to exceed the maximum allowable height limit
within the zone.
2. 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 will 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 50-foot tall
flagpole will not guarantee any greater enjoyment or
• business attraction permitted by code.
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 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.
4. That the granting of a variance will not adversely affect the General
Plan of the City.
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 50-foot tall flagpole, which impact the visual and
aesthetic qualities of these corridors.
E. In accordance with the California Environmental Quality Act, this is not a
project; no environmental documentation is necessary for this project.
Resolution No. 2005-17
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• Section 2. The Planning Commission of the City of Santa Ana, after
conducting the public hearing, hereby denies Variance Permit No. 2005-09. This
decision is based upon the evidence submitted at the abovesaid hearing, which
includes, but not is not limited to: the Request for Planning Commission Action dated
June 13, 2005 and exhibits attached thereto; and the public testimony written and oral,
all of which are incorporated herein by this reference
ADOPTED this 13th day of June, 2005 by the following vote:
AYES: Commissioners: Cribb, De La Torre, Gartner, Lutz, Mondo, Nalle (6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Leo (1)
ABSTENTIONS: Commissioners: None (0)
r:
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee O. O t
Assistant 'ky Attorney
~..
Glen~ondo
Chairpe son
Resolution No. 2005-17
Page 3 of 4
• CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and
certify the attached Resolution No. 2005-17 to be the original resolution adopted by
the Planning Commission of the City of Santa Ana on June 13, 2005.
Date: ~ '.~7-D~
Clerk of the Planning Commission
City of Santa Ana
Resolution No. 2005-17
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