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Home My WebLink AboutCC Res 3653 1986-11-10 RESOLUTION NUMBER 3653. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DENYING THE APPEAL OF VARIANCE 12-86. A REQUEST TO PERMIT A ROOF SIGN, WITHOUT PREJUDICE (2999 WESTMINSTER). I THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS, an application for Variance l2-86 was filed by Great Western Savings on August 16, 1986; and WHEREAS, on August 20, 1986 the Planning Commission denied Variance 12-86 after a duly noticed public hearing; and WHEREAS, Great Western Savings appealed the Planning Commission's decision on August 27, 1986; and WHEREAS, the City Council held a duly noticed public hearing on October 27. 1986; and WHEREAS, the subject property lies within the shopping center. specifically on the west Beach Boulevard north of Westminster Westminster); and Leisure World side of Seal Avenue (2999 WHEREAS, the subject site on Westminster, and has approximately 590 feet of frontage and a depth of approximately 130 feet; WHEREAS. the site is developed with a Western Savings Bank with measuring 95 square feet: and 6.794 square foot Great four roof signs. each I WHEREAS, the surrounding land uses and zoning are as follows: North and West - A mix of commercial uses in the C-1 (Service Commercial) Zone. East A service station in Commercial) Zone. and the U.S. Naval the PLU (Public Land Use) Zone. the C-2 (General Weapons Station in South - A mix of,commercial uses in the C-2 (General Commercial) Zone. and the Rockwell facility in the M-1 (Light Manufacturing Zone); and WHEREAS. the applicant is specifically requesting permission to retain four roof signs; and WHEREAS. Section 28-1801 (2)(g) of the Municipal Code prohibits roof signs; and WHEREAS. the Municipal Code does not provide a definition for I "roof sign"; and I I I Resolution Number .36S~ WHEREAS. on December 11. 1978. the City Council of the City of Seal Beach adopted Ordinance No. 1059 amending Section 28-1811 of the Municipal Code to read: "Sec. 28-1811. Sian Amortization Period, Signs which do not conform to this ordinance but which lawfully existed and were maintained on the effective date of this ordinance shall. within five (5) years. be removed or made to conform. During the interim period said nonconforming signs shall be maintained in good repair and visual appearance and no structural alteration be made thereto. unless to preserve the safety of said sign.": and WHEREAS. on February 5. 1986. the Planning Commission took formal action determining that Great Western Savings' signage was a roof sign. thus enabling staff to proceed with code enforcement. Attention had been focused on the banks signage when Great Western requested permits to install an automatic teller machine in 3uly 1985. and WHEREAS. the applicant contends that the signs at issue are parapet signs rather than roof signs: and WHEREAS. Section 28-2502 of the Municipal Code requires that before any variance shall be granted. it shall be shown that: (1) Such variance shall not adversely affect the General Plan; (2) Because of special circumstances applicable to the property. including size. shape. topography. location or surroundings. the strict application of this chapter deprives such property of privileges enjoyed by other property in the same vicinity and zone; (3) The granting of such variance shall not constitute a grant of special privilege inconsistent with other limitations upon other properties in the same vicinity and zone (Ord. 948); and WHEREAS, the applicant has not demonstrated any of the above required findings; and WHEREAS, the City Council makes the fOllowing findings regarding Variance 12-86: 1. Roof signs conflict with community goals of beautification of commercial areas as stated in the General Plan. but final status of these requested Signs with regard to this General Plan finding, will be determined through the staff stUdy of roof Signs. 2. The applicant has not circumstances applicable deprive the property of other property in the same demonstrated special to the property which privileges enjoyed by vicinity and zone. Resolution Number 3~ 3. Approval of Variance 12-86 would be a grant of special privilege not accorded other properties which have been required to comply with existing sign regulations; and I WHEREAS, the City Council directs staff to prepare a Zoning Text Amendment providing a definition for "roof sign" in order to provide objective criteria in the review of signage in the City. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby deny Variance l2-86 without prejudice, PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the lOth day of November, 1986, by the following vote: ABSENT: Councilmembers _uJ~_.~) ~ AYES: Councllmember NOES: Councilmembers ABSTAIN: Councilmembers Mayor .~ I Cp2-- STATE OF CALIFORNIA l COUNTY OF ORANGE l SS CITY OF SEAL BEACH l I, 3oanne, M. Yeo, City Clerk of Seal Beach, California, do hereby certify that t~fOregOing resolution is the original copy of Resolution Number S'~ on file in the office of the City Clerk, p approved and adopted by the City Council of th~~ City of S ach, at regular meeting thereof held on the ~~ day of __.. .. .. _. .' 1986. I ~ I I I Resolution Number -S'S3 - - PROOF OF PUBLICA'ION (2015.5 C.C.P.I S,ATE OF CALIFORNIA. County of Orange I am a citizen of the United slltel Ind " . resident of the County Iforesllldl IlIrn ov.r the age of eighteen ye~rs, Ind not I pllrly tv or interested in the above.enlltled mltter, I am the principal clerk of the printer of the SEAL BEACH JOUItNAJ, .................................................... .................................................... a ne,!"spaper of generll clrculltlon, prlnt.d weekly and pUblished ................,................. . , SEAL BJ':A 011 In the City of ....__.....""....11.............. County of Orarfgw;' .lId which nIWI. paper has been adjudged . n,w'Pllllr of general circlllatlon by Ih. SlIptll'lltr Court of the County of Orllng.. SIII."nf . DfoJO. 'r.'l CallfO!'nla. under the dllt. of........... "~H , Case Number A.~~fr,.,.., thlt the not lei. of which fhe annexed Is I prlnt.d COllY ll.t in type not 'smaller Ihen nonplr.lIl. hili bee,1 published in ellch regulllr Ind .ntl... issue of said newspllper Ind not In Iny supplement thereof on'thl .'olloWlng d.I... to-wit;-/') ---L ..' . .; . .- ......~~:J(~..~~.,:....~.:............ all in the year 19...~~ I certify (or. declare) under penllty 0' perjury that 'the foregoing II' true Ind correct . Dated at ...SEA.L~..BEACH...~.....:... t....... Call~. thls.lZ..:.:'~ ~~ '~I." .~.~. ~)/I./~Y&..ff.\.. . ItM.li[~ slgnllture II'r.. C...I' o. '"1, III.nll form ..... ".'.'.'1. ItllIIl CALIFORNIA NEWSPAP&R SlAVIC. BUREAU. INC. Legal Advertising Clelrlng Houl. .120 West Second St~, Los Angel.., Calif. 90012 Telephon.: 12131 8211,21141 ~I..,. '..u.., O.N...L ~..," ..u..II.....1I wilen .,,1.,1... ,tI.1 ..,Ift, -- 'fhll Ipact II lor thit County Clerk's Filing Stamp . . Proof o'~tlon of. I ~ ' '. :::~/:1i:iJl1k~..:~~ ~. N~E Of PIlIILIC H~a . . NOTICE IS HERESY GIVEN IhIl the t .. City Council of thI City of Seal BAch will hold . publIC hllrinl on MandlY. October 27, 1986 at 7:00 p m In the Ci11 Council a._IS, 211 EIahth . Street. Sell Beach. Clllforma, to con- sidor the Iollawllll' i VARIANCE 1- : 12999 W......I_ , A request: tID perrnll . roof lIan. Code Sections: 28-1801 (2)(g);' - 28-2500, 28-2501 , . Erwlronmental RIMIW: This projed: Ii _c:aI~__ErM""Il1IIl' .. till Review (Cahfonlil GCMlmment , Code Secbon 15301), . ~phc:ant, GlUt western Sovines . i 0wnIr, SIm. ~ At the above time .nd pl.ee, l .11 interested peisons mllY be heIrd If &D desired. . ,DATED"" iOlhdlyalOclllber. 1986 t-Edward M Knipt i ~ DirKtot' of DeveloPment $eMces , ! .~ 16, 1986 Published In The Seal Beach .IoumI1 f. , . . "