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HomeMy WebLinkAboutPC Res 97-36 - 1997-09-17 . RESOLUTION NUMBER 97-..3f4 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING VARIANCE NO 97-3, PERMITTING THE SIGNAGE IN EXCESS OF THE MAXIMUM ALLOWED IN THE GENERAL COMMERCIAL ZONE (C-2) AT 12341 SEAL BEACH BOULEVARD, SEAL BEACH (ST A TS) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOL VB Section I On August 14, 1997 KeVIn McConnell submitted an apphcatlon for Variance 97-3 WIth the Department of Development SeTVlces Through tlus applIcation the apphcant IS requestmg to vary from the maximum slgnage area reqUIrements for faSCia rnounted signs at the front, Side and rear ofa commercial bUlldmg located at 12341 Seal Beach Boulevard, Seal Beach (formerly the Boston Store) Section 2 Pursuant to 14 CalIf Code of Regs ~ 15025(a) and ~ II B of the City'S Local CEQA GUldehnes, staff has determmed as follows The application for Vanance No 97-3 IS categoTlcally exempt from review pursuant to the Callforma EnVIronmental Quality Act pursuant to 14 CalIf Code of Regs ~ l5301(g) (EXlstmg Uses), because It mvolves new copy on an eXlstmg on-premises sign, and pursuant to ~ I 506 I (b)(3), because It can be seen With certamty that there IS no pOSSibility that the approval may have a slgmficant effect on the enVIronment Section 3 A duly noticed public heaTIng was held before the Planmng CommISSion on September 17, 1997 to conSider the application for Vanance No 97-3 At the public heaTIng the applicant spoke m favor of the request and no one spoke 10 opposItion Section 4 The record of the heanng on September 17, 1997 mdlcates the follOWIng (a) On August 14, 1997 KeVIn McConnell submitted an apphcatlon for VaTlance 97-3 WIth the Department of Development Services (b) SpeCifically, the applicant IS requestmg to vary from the maxImum slgnage area requirements for fasCia mounted signs at the front, Side and rear of a commercial bUlldmg located at 12341 Seal Beach Boulevard, Seal Beach (formerly the Boston Store) (c) The subject property IS located withm the Rossmoor Busmess Center The structure is located on a separate parcel wltlun the center (d) The subject structure IS located approxImately 330 feet from Seal Beach Boulevard (e) Rossmoor Busmess Center has an overall planned sign program, originally approved through CUP 8-85, which allows a greater amount of slgnage than permitted by the Code (plannmg CommissIon Resolution 1377 attached) Slgnage for the subject property IS not mcluded m the planned sign program (t) The subject property IS rectangular m shape (150' X 300') WIth an area of approxImately 45,000 square feet (slightly more than an acre) (g) The subject property contams a one-story, 30' tall structure of approxImately 45,000 square feet (h) The subject property IS surrounded on all SIdes by the Rossmoor Busmess Center m the General Commercial zone (C-2) (I) The City has received no comments, written or other, regardmg ItS published and m81led notIce for Vanance 97-3 E \My DocumentslVanancesl97-3 Resolution doc Planmng CommiSSIOn ResolutIOn No 97-36 September J7. J997 SectIon 5 Based upon the facts contamed 10 the record, mcludmg those stated 10 ~ 4 of thIs resolutIOn, and pursuant to ~~ 28-2500 through 28-2502 of the CIty'S Code, the Planmng Cormmsslon hereby finds as follows (a) Vanance 97-3 IS consIstent WIth the provIsions of the Land Use Element of the CIty'S General Plan, whIch proVIdes a "general commercIal" designation for the subject property and permIts reta1l commercial uses The use is also consIstent WIth the remalmng elements of the CIty'S General Plan as the poliCIes of those elements are consistent WIth, and reflected 10, the Land Use Element Accordmgly, the proposed use is consIstent WIth the General Plan (b) The subject property IS setback approXimately 330 feet from Seal Beach Boulevard, conSIderably further from the street than the maJonty of commercial buddmgs WIthm the City AddItionally, the subject property does not have slgnage peTffiltted through the shoppmg center's planned SIgn program which allows street slgnage for the maJonty of other busmesses WIthIn the center Because of thiS deep setback from the street, the proposed sign IS slffillar 10 perspective to maximum allowable sign area Therefore, there are special property related cIrcumstances which, through the stnct application of this Chapter, depnve the subject property of pnVlleges enjoyed by other property 10 the same vlcmlty and zone (c) The grantmg of thIS vanance would not be the grantmg of a special pnVllege mconslstent WIth other lIffiltatlons on other properties 10 the same vlclmty and zone Specifically, due to the property's deep setback and height of the one-story buddmg, a sign constructed to the Code's mllXlmum area IS not 10 perspectIVe WIth slffillar slgnage on commerCial structures Within the City (d) The subject budding houses a major anchor tenant 10 the CIty's largest retad shoppmg center The area of the proposed slgnage, partIcularly 10 light of the buddmg's 330 foot street setback and 30 foot hIgh facade, is appropnate for the subject property SectIon 6 Based upon the foregomg, the PlaMmg CommiSSIon hereby approves Variance No 97-3, subject to the follOWIng conditions 1. Variance # 97-3 IS approved for slgnage 10 excess of the mllXlmum allowed at 12341 Seal Beach Boulevard, Seal Beach SpeCIfically, three (3) signs measunng 300, 232 and 232 square feet are peTffiltted on the east, south and west elevatIOns, respectively 2. No additional slgnage for thIs property shall be peTffiltted through the Rossmoor BUSIness Center's eXisting planned SIgn program. 3 All construction shall be substantial comphance WIth the plans approved through Vanance 97-3. 4 Tlus Conditional Use Permit shall not become effectIve for any purpose unless an "Acceptance of CondItions" form has been SIgned by the applicant 10 the presence of the Director of Development Services, or notanzed and returned to the Planmng Department, and until the ten (10) day appeal penod has elapsed PASSED, APPROVED AND ADOPTED by the Plannmg CommIssion of the CIty of Seal Beach at a meetmg thereof held on the 17th day of September, 1997 by the followmg vote AYES Commissioners Brown, Hood, Larson, Law, Yost NOES Cormmssioners ABSTAIN Commissioners 97-3 ResoIubon BCC be Page 2 . 97-3 Resolution doc BCC be Page 3 Plannmg Commission Resolution No 97-~ September 17. 1997 Bnan Brown, M Planmng CommissIon