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HomeMy WebLinkAboutRESO 2015-22_1308WEdingerLS 7.8.15 RESOLUTION NO. 2015 -22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2015 -05, AS CONDITIONED, TO ALLOW TWO ADDITIONAL WALL SIGNS AT THE SMART & FINAL BUILDING ON THE PROPERTY LOCATED AT 1308 WEST EDINGER AVENUE 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 2015 -05 to allow two (2) additional wall signs at Smart & Final located at 1308 West Edinger Avenue. B. Smart & Final is located in a commercial center that contains numerous retail and eating establishments. The subject property is developed with a 31,372 square foot commercial building and is located within the Planned Shopping Center (C4) zoning district and the Bristol Street Corridor Specific Plan (SP -1). C. Pursuant to Section 41- 863(a) of the Santa Ana Municipal Code (SAMC) no more than one (1) wall sign shall be permitted for each primary elevation of a leasable tenant space. D. Variance No. 2015 -05 came before the Planning Commission on July 13, 2015, for a duly noticed public hearing. Variance 2015 -05 would allow two (2) additional wall signs for a total of three (3) wall signs on the north elevation of the existing commercial building located at 1308 West Edinger Avenue. E. The Planning Commission determines that for Variance No. 2015 -05 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: 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. Resolution No. 2015 -22 Page 1 of 5 The project site has special circumstances related to its location, surroundings, and design. As detailed above, the distance of the existing building from Edinger Avenue is approximately 350 linear feet. The large setback from the roadway, which is developed as a large parking lot, has reduced visibility of the tenant's sign from potential patrons travelling along Edinger Avenue. In addition to being set back a considerable distance from Edinger Avenue, there is an existing free - standing commercial building located on an adjacent property that is part of the integrated shopping center that is blocking visibility of the subject site from the roadway. The existing location of the subject building and adjacent buildings has resulted in poor visibility of the commercial tenant from adjacent roadways. Moreover, the current fagade design of the subject site makes having the secondary signage advertising goods sold impossible to accommodate on the same signable area without resulting in sign clutter. Approval of the variance would create opportunities on the project site to brand and advertise the goods provided by the tenant while also balancing site aesthetics and avoiding visual clutter. 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 is necessary for the preservation and enjoyment of substantial property rights. Additional secondary signage to advertise goods sold at the commercial tenant space would assist in identification and advertisement, reducing vacancy rates, increasing commercial activity, and allowing the property owner the ability to maximize the existing structure to their fullest potential. The number and placement of additional signs has been carefully analyzed and will reduce visual clutter while also increasing the visibility and advertisement efforts of the tenant. 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 will not be detrimental to the public or surrounding properties. The signs are intended to be visible from heavily traveled commercial corridors. The site location and building placement minimizes any possible visual intrusion onto surrounding commercial properties. Moreover, the nearest residential communities are located nearly 500 feet away to the north, southwest and northeast. Resolution No. 2015 -22 Page 2 of 5 4. That the granting of a variance will not adversely affect the General Plan of the City. The project will not adversely affect the General Plan as the proposed signage is consistent with several goals of the General Plan. Approval of the variance supports Policies 4.3, 4.4, and 4.5 of Goal 2 (to protect and enhance development sites that are unique community assets) and Policies 2.7 and 2.8 of Goal 4 of the Land Use Element (Promote land uses which enhance the City's economic and fiscal viability). In addition, approval of the variance is consistent with the intent and purpose of Goals 1 and 2 of the Urban Design Element (to improve the physical appearance of the City through creating a sense of place, positive community image, and quality environment, and to improve the physical appearance of the City through development that is proportional and aesthetically related to its district setting). F. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15301. This Class 1 exemption allows the operation, repair, maintenance, permitting, or leasing of existing structures. The project consists of a variance to allow two additional wall mounted signs. No expansion of square footage or interior reconfigurations of square footages are proposed as part of the project. In addition, the structure is already served by municipal services, such as roadways, utilities, and parking. Categorical Exemption Environmental Review No. 2015 -13 will be filed for this project. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Variance No. 2015 -05 for 1308 West Edinger Avenue as conditioned in Exhibit A attached hereto and incorporated herein as though fully set forth. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Staff reports and exhibits attached thereto; and, the public testimony, all of which are incorporated herein by this reference. Resolution No. 2015 -22 Page 3 of 5 ADOPTED this 13th day of July, 2015, by the following vote: AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle, Verino (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Ja H es Gartner C airperson APPROVED AS TO FORM: Sonia Carvalho, City Attorney By: C- 1ti_ ---_ Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Karen Gerardo, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -22 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on July 13, 2015. Date: f Kw�t Planning Commission Secretary City of Santa Ana Resolution No. 2015 -22 Page 4 of 5 EXHIBIT Conditions of Approval Variance No. 2015 -05 (1308 West Edinger Avenue) is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below rip for 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. Planninq Division 1. The project shall remain in compliance with Development Project Review DP No. 2015 -13 and the staff report exhibits. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the variance must be amended. 3. The proposed signs will be limited to the location and size as indicated on the approved plan per the attached exhibit. Resolution No. 2015 -22 Page 5 of 5