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HomeMy WebLinkAboutRESO 2017-27_1523 W 17th StLS 8.28.17 RESOLUTION NO. 2017-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2017-01 AS CONDITIONED TO ALLOW TWO ADDITIONAL WALL SIGNS AT THE SMART & FINAL EXTRA BUILDING ON THE PROPERTY LOCATED AT 1523 WEST 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. Applicant is requesting approval of Variance No. 2017-01 to allow two (2) additional wall signs for the Smart & Final Extra building located at 1523 West Seventeenth Street. B. Smart & Final Extra is located in a commercial center that contains numerous retail and eating establishments. The subject property is located within the General Commercial (C2) zoning district. C. Pursuant to Section 41-863 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. On August 28, 2017, the Planning Commission held a duly noticed public hearing on Variance No. 2017-01 which would allow two (2) additional wall signs for a total of three (3) wall signs on the primary (east) elevation of the existing commercial building located at 1523 West Seventeenth Street. E. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant this variance pursuant to Santa Ana Municipal Code Section 41-638, have been established for Variance No. 2017-01 to allow additional wall signs: 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. The project site has special circumstances, related to its location, surroundings, and design. The building's location within the commercial shopping center limits visibility of the Resolution No. 2017-27 Page 1 of 5 business from adjacent streets. It is set back more than 300 feet and 1,100 feet from Seventeenth Street and Bristol Street, respectively. An existing free-standing commercial building in the shopping center further reduces visibility of the subject building from Seventeenth Street. Approval of the variance would assist in attracting patronage to the business and improve the ability to advertise products. 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 signage would help remain competitive and continually expand business opportunities. Through rebranding, Smart & Final Extra has expanded its goods and services. Approval of the variance for the two (2) additional signs on the existing building will enhance the long-term viability of 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 the variance will not be detrimental to the public or surrounding properties. The proposed signs are oriented east towards the parking lot and street. The illumination of proposed signs will be consistent with existing signs in the center. The nearest residential uses are located more than 450 feet away to the north. 4. That the granting of a variance will not adversely affect the General Plan of the City. Finally, 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 2.2 and 2.13 of Goal 2 (Promote land uses which enhance the City's economic and fiscal viability) and Policies 4.3, 4.4, and 4.5 of Goal 4 of the Land Use Element (Protect and enhance development sites and districts which are unique community assets that enhance the quality of life). In addition, approval of the variance is consistent with the intent and purpose of Goals 1 and 2 of the Urban Design Element (Improve the physical appearance of the City through development of districts that project a sense of place, positive community image, and quality environment; Improve the physical appearance of the City through development that is proportional and aesthetically related to its district setting). Resolution No. 2017-27 Page 2 of 5 Section 2. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Section 3. 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 sole negligence of the City of Santa Ana. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No. 2017-01 as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 1523 W. Seventeenth Street. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated August 28, 2017, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 28" day of August, 2017 by the following vote: AYES: Commissioners: Alderete, Bacerra, Contreras -Leo, McLoughlin, Mendoza, Verino (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Nguyen (1) ABSTENTIONS: Commissioners: None (0) L nette Verino Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney Resolution No. 2017-27 Page 3 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2017-27 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 28, 2017. Date: 8 d K)%7 Acting Recording Secretary City of Santa Ana Resolution No. 2017-27 Page 4 of 5 EXHIBIT A Conditions for Approval for Variance No. 2017-01 Variance No. 2017-01 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 California Building Standards Code and all other applicable regulations. The Applicant must comply in full with each and every condition listed belowrip 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. 1. The project shall remain in compliance with Development Project Review DP No. 2017-17 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. Resolution No. 2017-27 Page 5 of 5