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HomeMy WebLinkAboutLimited Sign Permit LSP1987001 - Notice of action Letter with Findings & Conditions of ApprovalREQUES . )FOR CITY COUNCIL : ACTION Submitted to: Submitted by: Prepared by: Subject: Date Honorable Mayor and City Council Arm c1-- . Charles W. Thompson, City Administrator James W. Palin, Director, Development Services APPEAL TO THE PLANNING COMMISSION'S DENIAL OF SIGN PERMIT NO. 87-1 Consistent with Council Policy? [v Yes [ J New Policy or Exception Statement of ls5ue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Transmitted for your consideration is an appeal by Heath and Company to the Planning Commission's denial of Limited Sign Permit No. 87-1. Limited Sign P.:trmit No. 87-1 is a request to permit a sign face change for a non-conforming freestanding sign and extend the sign's use for two years. P.ECOMMENDATION Planning Commission and staff recommend that the City Councilideny the appeal and uphold the Planning Commission denial of Limited Sign Permit No. 87-1. Planning Commission Action on March 17 1987: ON MOTION BY SCHUYACHER, SECOND BY HIGGINS, THE PLANNING COMMISSION DENIED LIMITED SIGN PERMIT NO. 87-1, BASED ON FINDINGS, BY THE FOLLOWING VOTE: AYES: Schumacher, Higgins, Leipzig, Summerell NOES: Silva, Pierce, Livengood ABSENT: None ABSTAIN: None FINDINGS FOR DENIAL: 1. Due to a lack of unique circumstances, the 25 foot high, 96 square foot freestanding sign's immediate removal will not result in a substantial economic hardship for the applicant. 2. The 25 foot high, 96 square foot freestanding s:.gn will adversely affect other lawfully erected signs in the area. 3. The 25 foot high, 96 square foot freestanding sign will be a hazardous distraction. P10 5)85 A sign permit was issued for the subject sign in 1973. According to the sign code adopted in Aug' st, 1986, Nonconforming Signs, Section 9510.8, the eventual elimination of existing signs which are not in conformanc- with the provisions of the sign code are as mucl' a subject of iealth, •.afety and welfare as is the regulation of new signs. The Sanwa Bank freestanding sign did not conform to the previrus sign code (adopted in 1976) and it exceeds the existi° sign code by great proportions. Staff recommends that the City Council deny the two year extension and require the freestanding sign be modified to meet the provisions of sign code in effect at this time. The sign panel for the Sanwa Bank freestanding sign, which was changed without a permit, is located in a landscape planter. There are a total of five freestanding signs along the Warner Avenue frontage which do not conform to the existing sign code. According to the provisions of the current sign code, the retail center is allowed one 15 foot high center identification freestanding sign and 5 separate 7 foot high monument signs. The following is a matrix which illustrates code requirements for freestanding signs in commercial districts: Section Issue Maximum Existir.g Remarks 9610.5(b) Maximum Height 7 feet 25 feet Exceeds Code by 18 feet Maximum Area 30 sq,ft. 96 sa.ft. Exceeds Code by 56 sq.ft. The prior sign code permitted a 20 foot high, 100 square foot freestanding sign. The matrix above indicates that the subject sign is 5 feet higher than the' permitted height, Since the sign did not conform to the previous Sign Code , the Sanwa Bank freestanding sign should be lowered to a 7 foot high, 30 square foot monument sign now to conform with the existing sign code. The Sanwa Bank building has effective wall signage which in combination with a monument sign, will provide ample exposure for their business . Eventually , the other freestanding signs will be required to conform to the Sign Code by means of recycle or change of use. ENVIRONMENTAL STATUS: The proposed project is exempt Class 11(a) Section :!5311. from the provisions of the California Environmental Quality Act. it'UNDING SOURCE. Not applicable. RCA - 4/20/87 -2- (7808d) ALTERNATIVE ACTION: ?s an alternative action, the City Council may consider approving Limited Sign Permit No . 87-1 based on the following findings and conditions of approval. FINDINGS FOR APPROVAL: 1. Due to unique circumstances, the 25 foot high, 96 square foot freestanding signs immediate removal will result in a substantial hardship for the applicant. 2. The 25 foot high, 96 square foot freestanding sign will not adversely affect other lawfully erected signs in the area. 3. The 25 foot high, 96 square foot freestanding sign will not be detrimental to properties located in the vicinity. 4. The 25 foot high, 96 square foot freestanding sign will be in keeping with the character of the surrounding area. 5. The 25 foot high, 96 square foot freestanding sign will not obstruct vehicular oz pedestrian traffic visibility and will not be e 1 azardous distraction. CONDITIONS OZ,.PPROVAL: 1. The site plan and elevation dated February 4, 1987, shall be the approved layout. 2. Prior to issuance of building permits, the applicant shall submit to the Department of Development Services a letter from the property owner and owner of the sign agreeing with the conditions of approval. 3. Prior to issuance of building permits, the applicant shall file a cash bond in the amount of $2,000 with the City for the purpose of indemnifying the City for any and all costs incurred in the removal of the sign structure. If this sign is not made to conform with the applicable provisions of the sign ordinance after two years from the date of approval, the City of Huntington Beach or its agents or employees may enter on the property where said signs are located and remove said signs and the cost of removal shell he deducted from the cash bond and summarily forfeited and paid over to the City of Huntington Beach, and the remainder, if any, returnEl to the person depositing the bond. ATTACHMENTS: 1. Appellant's letter dated March 19, 1987 2. Site plan and elevation dated February 4, 1987 3. Draft Minutes of the March 17, 1987 Planning Commission meeting 4. Planning Commission staff report dated March 17, 1987 JWP:RLF:kla RCA - 4/20/87 (7808d) T H[ATH Signage And Relatsd S• ces Nationwide and company G • March 19, 1987 City of Huntington Beach City Council 2000 Main Street Hhmti zgton Beach, CA 92648 Council rasnbers: On behalf of Sarrwa Bank and Heath & Co., I am appealing action taken on Limited Sign •pe:cmit No. 87-1, to allow a non-conforming sign to remain for two more years. S,1e are grieving actions taken based on the following reasons: 1) imsediate removal of this sign will result in a substantial economic hardship for applicant. Applicant has already invested thousands of dollars in the existing sib and replacing i:: would result in spending thousands -Lmre. 2) the 25' high 96 square foot sign does not adversely affect other lawfuJ.1' erected signs in the center because there are none. 3) the 25' high 96 square foot sign has not been a hazardous distraction and has not caused any liabilities thus far that we are aware of. 4) the other non-conforming signs in the center have no definite time frame to canm into conformance. Allowing this extension would also provid=- adequate time for city planning and the center's owner (s) /mana- ger(s) to develop a feasible s gn program in which all tenants wuUd have to adhere to. Sincerely, Kimb°rly P. Barr Permit coordinator cc: J. Brancatelli. J. Lloyd 32^--5 LACY STREET - LOS ANGELES. CALIFORN!A 9Q031-1667 • (213i22: -4'4 A FISCHBACH COMPANY fit.. A MOTION WAS MADE BY LIVENGOOD, SECOND BY SCHUMACHER, TO APPROVE CODE AMENDMENT NO. 87-4, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Higgins, Pierce, Leipzig, Summerell, Livengood N(-ES: None ABSENT: None ABSTAIN: Nune MOTION PASSED D. ITEMS NOT FOR PUBLIC HEARING D-1 LIMITED SIGN PERMIT NO. 87-1 APPLICANT: HEATH AND COMPANY Limited Sign Permit No. 87-1 is a request to permit a face change and grant a 2-year extension of use for an approximately 25 foot high, 96 square foot internally illuminated freestanding sign for Sanwa Bank located at 6881 Warn,:-,,r Avenue. ENVIRONMENTAL STATUS: The proposed project is exempt Class 11(a) Section 15311 from the provisions of the California Environmental Quality Act. STAFF RECOMMENDATION: Deny Limited Sign Permit No. 87-1 based on the findings. The applicant requested a continuance until the March 17, 1987 Planning Co:amission meeting. A MOTION WAS MADE BY SCHUMACHER, SECOND BY HIGGI1S, TO CONTINUE LIMITED SIGN PERMIT NO. 87-1 TO THE MARCH 17, 1987 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Higgins, Pierce, Leipzig, Summerell, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Mii.ates - 3/3/87 -21-(7557c D-2 SITE PLAN REVIEW NO. 87-18 D-3 SITE PLAN REVIEW NO. 87-19 D-4 T PL . EVIE N0. 87-20 APPLICANT: SEAVIEW HOMES Site Plan Review No. 87-18, No. 87-19 and No. 87-20 are requests to permit the construction of single family dwellings on 25 foot wide lots located on the east side of 15th. Street south of Walnut b-,nue (112, 114 and 116 15th. Street). The Downtown Specific Plan permits residential uses in District 2 subject to the Planning Commissicn's approval of a site plan review. STAFF RECOMMENDATION: Approve Site Plan Review No. 87-18, No. 87-19 and No. 87-20 based on the findings and conditions of appro;ral. Richard Harlow was present to represent the applicant. He expressed concern over Condition No. lg regarding the front bay window, Condition No. 3 regarding automatic fire p.rotecti.on system and Condition No. 9 regarding the coordination of improvements with the adjacent development. He requested that these conditions-be deleted or modified. A MOTION WAS MADE BY HIGGINS, SECOND BY SCHUMACHER, TO APPROVE SITE PLAN REVIEW NO. 87-18, NO. "7-19 AND NO. 87-20, WITH FINDINGS AND REVISED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher , Higgins , Pierce ., Leipzig, Summerell, Liven good NOES: None ABSENT: Nona ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL: 1. The proposal for a single family residence will not have any detrimental effect upon the general health, welfare, safety and convenienro of persons residing or working in the neighborhood. 2. Th,e proposed single family residence will not adversely affect the General Plan of Land Use. Single family dwellings are a permitted use 3. The proposed single family residence is compatible with other existing uses and proposed uses in the neighborhood. 1 PC Minutes - 3/3/87 --22-(7557d) D. ITEM NOT FOR PUBLI HEARIN D-1 LIMITED SIGN PERMIT N 7-1 NT N D FR M MAR H 19E7 PLAN IN MMIS I N MEETIN APPLICANT: HEATH AND CO. At the request of the applicant , the Planning Commission continued Limited Sign Permit No. 87-1 to the March 17, 1987 meeting. Limited Sign Permit No. 87-1 is a request to permit a face change and grant a two-year extension of use for an approximately 25 foot high, 96 square foot internally illuminated freestanding sign for Sanwa Bank located at 6881 Warner Avenue. STAFF RECOMMENDATION: Deny Limited Sign Permit No. 87-1 based on the findings. A MOTION WAS MADE BY LIVENGOOD, SECOND BY PIERCE, TO APPROVE LIMITED SIGN PERMIT NO. 87-1 WITH A TWO-YEAR LIMITATION WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Livengood, Silva, Pierce NOES: Schumacher, Higgins, Leipzig, Summerell ABSENT: None ABSTAIN: None M TION FAIL A MOTION WAS MADE BY SCHUMACHER, SECOND BY HIGGINS, TO DENY LIMITED SIGN PERMIT NO. 87-1; WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Schumacher, Hi: ns, Leipzig, Summerell NOES: Silva, Pierce, Livengood ABSENT: None ABSTAIN: None MOTTCJ PASSED FINDINGS FOR DENIAL: 1. Due to a lack of unique circumstances, the 25 foot high, 96 square foot freestanding sign's immediate removal will not result in a substantial econora hardship for the applicant. 2. The 25 foot high, 96 square foot freestanding sign will adversely affect other lawfully erected signs in the area. 3. The 25 foot high, 96 square foot freestanding sign will be a hazardous distraction. PC Minutes - 3/17/87 -14- (7776d) C-4 CODE AMENDMENT NO, 87-2 APPLICANT: REGINA JONES Code Amendment No. 87-2 is a request by the applicant to modify standards in the RA District. The applicant wants to utilize a .33 acre site on Garfield Avenue, east of Goldenwest Street, as a storage yard for her roofing business. Items that would be stored include three trucks, two roof kettles (used for hot tar applications), one metal storage bin leased from Orange County Disposal, some outside materials such as concrete tile left over from jobs, and employee's cars or trucks. ENVIR NMENTAL STAT The proposed project is categorically exempt from the provisions of the California Environmental Quality .ct. STAFF RE MMENDATION: Staff recommends that the Planning Commission approve Code Amendment No. 87-2 (Alternative 1) to allow storage yards subject to use permit approval by the Board of Zoning Adjustments in the RA District for an initial. three year period with a maximum of two one-year extensions of time. THE PUBLIC HEARING WAS OPENED The applicant was present but did not wish to speak. There were no other persons present to speak for or against the request and the public hearing was closed. The Planning Commission discussed several concerns with the code amendment (prohibiting temporary storage yards on any property with a Civic District suffix, special setback considerations for sites adjacent to major arterials, and locational ciiteria that would specify a minimum distance to any residential development and requite the cessation of the use when developiw,ent occurs within that buffer zone) and requested that staff review the alternatives. A MOTION WAS MADE BY SCHUMACHER, SECOND BY LIVENGOOD, TO CONTINUE CODE AMENDMENT NO. 87-2 TO THE APRIL 7, 1987 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Higgins, Pierce, Leipzig, Summerell, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 3/17/87 -13-(7776d) CITY OF HUNTINGTON B EACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK April 22, 1987 Heath and Company 3225 Lacy Street Los Angeles, CA 90031-1867 Gentlemen: The City Council of the City of Huntington Beach at its regular meeting held Monday, P.pril 20, 1987 approved your appeal to the Planning Commission's denial of Limited Sign Permit No. 87-1, with findings and conditions. If you have any questions regarding this matter, please contact the Development Services Department - 536-5271. Alicia M. Wentworth City Clerk AMW.km enc. CC: City Attorney Development Services Director C aV 19, (Telephone: 714$36 -5227IAi:I J a r r 4 STwF huntington beach development services uepartment EP O R TO: FROM: DATE: 'Manning Commission Development Services March 3, 1987 SUBJECT:LIMITED SIGN PERMIT NO.87-1 APPLICANT:Heath and Co.DATE ACCEPTED: 3225 Lacy Street Los Angeles, CA 90031 February 19, 1987 MANDATORY PROCESSING DATE: PROPERTY Sanwa Bank April 19, 1987 OWNER:1977 Saturn Street Monterey Park, CA 91754 ZONE: C4 (Highway REQUEST:To permit a face change Commercial District) for a non-conforming GENERAL PLAN: General freestanding sign and extend the sign's use .,or 2 years. Commercial EXISTING USE: Bank LOCr.TION:6881 Warner Avenue (north side of Warner Avenue approximately 600 feet west of Goldenwest Street) 1.0 SUGGESTED ACTION: Deny Limited Sign Permit No. 87-1 based on the findings outlined in this report. 2,0 GENERAL INFORMATION: Limited Sign Permit No. 87-1 is a request to permit a face change and grant a 2-year extension of use for an approximately 25 foot high, 96 square foot internally illuminated non-conforming freestanding sign for Sanwa Bank located at 6881 Warner Avenue. 3.0 SURROUNDING LAND USE, ZONING AND GENERAL PLAN DESIGNATIONS: North, East and West of Sri ect Pro ert : GENERAL PLAN DESIGNATION: General Commercial ZONE: C2 (General Commercial District) LAND USE: Retail 0 -1 A-FM-235 South of Sub'ecu Pro erty: G:?NERAL PLAN DESIGNATION: General Commercial c"r)NE: C4 (Highway Commercial District) LAND USE: Retail 4.0 ENVIRONMENTAL STATUS: The proposed project is exempt class 11(a) Section 15311 from the provisions of the California Environmental Quality Act. 5.0 COASTAL STATUS: Not applicable. 6.0 REDEVELOPMENT STATUS: Not applicable. 7.0 SPECIFIC PLAN: Not applicable. 8.0 SUBDIVISION COMMITTEE: Not applicable. .0 ISSUES AND ANALYSIS: The following is a matrix which illustrates code requirements for freestanding signs in commercial districts: Section Issue 9610.5(b) Maximus: number of freestanding signs permitted along frontage Maximum Height Maximum Area Maximum Existing Remarks 6 5 Complies with code 7 feet 25 feet Exceeds Code by 18 feet 30 sq.ft.96 sq.ft.Exceeds Code by 66 sq.ft. The Sanwa Bank freestanding sign is located i^ landscape planter which is required by the Sign Code. There at,. total of five freestanding signs along the Warner Avenue frontage which do not conform to the existing Sign Code (see inventory of existing freestanding signs in attachments). According to the provisions of the current Sign Code, the retail center is allowed one 15 foot high center identification freestanding sign and 5 separate monument signs. Staff Report - 3/3/87 -2- (7468d) Since the sign did not conform to the previous Sign Code, staff has determined that the Sanwa Bank freestanding sign should be lowered to a 7 foot high, 30 square foot monument sign now. The Sanwa Bank building has effective wall signage which in combination with a monument sign, will provide ample exposure for their business. Eventually, the other freestanding signs will be required to conform to the Sign Code by means of recycle or change of use. According to the Nonconforming Signs, Section 9610.8, the eventual elimination of existing signs which are not in conformance with the provisions of the sign code is as much a subject of health, safety and welfare as is the regulation of new signs. The Sanwa Bank freestanding sign did not conform to the previous Sign Code and it exceeds the existing sgn code by great proportions. Staff recommends that the Planning Commission deny the two year extension and require the freestanding sign be modified to meet the provisions of sign code in effect at this time. 10.0 RECOMMENDATION: Staff recommends that the Planning Commission deny Limited Sign Permit No. 87-1 based on the following findings. FINDINGS FOR DENIAL: 1. Due to a lack of unique circumstances, the 25 foot high, 96 square foot freestanding sign's immediate removal will not result in a substantial economic hardship for the applicant. 2. The 25 foot high, 9 6 square foot freestanding sign will adversely affect other lawfully erected signs in the area. 3. The 25 foot high, 96 square foot freestanding r=gn will be a hazardous distraction. 11.0 ALTERNATIVE ACTION: Approve Limited Sign Permit No. 87-1 based on findings and conditions of approval. ATTACHMENTS 1.Area map 2.Site plan and elevation dated February 4,1987 3.Inventory of existing freestanding signs JWP:RLF:kla Staff Report - 3/3/87 -3- (7468d) RIRIINEUA PEEL reRI RI R RIRo c r c o•uwa rln ¢w uHkraR3RIR3 R3RIRIRIRIBuie wwrtRIIRICF-RRIR3uFfiY PAY%PTJLJ RIRIRIrLp g 1Y01 onRI RI RI RI RI300t_RI _CHe.NE. cs-0R2R3RIR IRI RI jRI GF-RRIIPUq RIQupRI RI RIRIRIRlRICFERI-fGV'JEn:iwNWY,' u RI RIRIRIHIIRI RI RI. I Rn, b n nwpI C4niecR5N31R3R3o+lxVInSC-CF-RNOD( [OYYJMITY N"!'1ocPC0C2WARNERCF-EIrnTSNY&aa p,IN 1CXUalMIRI RI3pMI-MHPRIU r,xRI RI RI 11 RI - CF-CYsiIcITY YAAOw.n.PMIMlAllMIcroon MNUNTINGTON ISEACH PLANNING DIVISION 00 Date: P.O. BOX 190 CALIFO RNIA 92648 March 18 198J NOTICE OF ACTION Applicant:Heath and Co. - 3225 Lacy Street - Los Angeles, CA 90031 Subject: ' LIMITED SIGN PERMIT NO. 87-1 Your application was acted upon by the Huntington Beach Planning Commission on March 17, 1987 and your request was: Huntington Beach Planning Commission Withdrawn Approved Approved with Conditions (See Attached) Disapproved XX Tabled Continued until Under the provisions of the Huntington Beach Ordinance Code , the action taken by the Planning Commission is final unless an appeal is filed to the City Council by you or an interested party. Said appeal must be in writing and must set forth in detail the actions and grounds by and upon which the applicant or interested party deems himself aggrieved. Said appeal must be accompanied by a filing fee of c n e hundred and sixty-five ($165) dollars and a submitted to the City Clerk's office within ten (10) days of the date of the Commission 's action. In ypur case, the last day for filing an appeal and paying the filing fee U s March 27, 1987 Provisions of the Huntington Beach Ordinance Code are such that any application becomes null and void one (1) year after final approval, unless actual construction has started. Very truly yours, James W. Palin, Secretary A-PC-LT-IA CITY DF HUNTINGT O N BEACH 2000 MAIN STREET CALIFORNIA 92648 DEPARTMENT OF DEVELOPMENT SERVICES BUILDING DIVISION (714) 536 -5241 PLANNING DIVISION (714) S36-5271 March 18, 1987 Heath and Company 3226 Lacy Street Los Angeles, California 90031 SUBJECT: LIMITED SIGN PERMIT NO. 87-1 REQUEST: To permit a face change for a non-conforming freestanding sign and extend the sign's use for 2 years. LOCATION: 6881 Warner Avenue DATE OF DENIAL: March 17, 1987 FINDINGS FOR DENIAL: 1. Due to a lack of unique circumstances , the 25 foot high, 96 square foot freestanding sign's immediate remc^.-? c.i11 not result in a substantial economic hardship for the applicant. 2. The 25 foot high, 96 square foot freestanding sign will adversely affect other lawfully erected signs in the area. 3. The 25 foot high, 96 square foot freestanding sign will be a hazardous distraction. I hereby certify that Limited Sign Permit No. 87-1 was denied by the Planning Commission of the City o_7 Huntington Beach on March 17, 1987, upon the foregoing findings. Sincerely, James W. Palin , Secretary Planning Commission: by: Florence Webb Senior Planner JWP:FW:kla (7617d-10) 11 Huntington Beach Planning Commission P.O. BOX 190 Date: March JA 1 CALIFORNIA 92648 NOTICE OF ACTION Applicant: Heath and Co. 3225 Lacy Street, Los Angeles. CA 90031 Subject: LIMITED SIGN PE'?MIT NO. 87-1 Your application was acted upon by the Huntington Peach Planning Commission on March 3 1987 and your request was: Withdrawn Approved Approved with Conditions Disapproved Tabled (See Aletached) Continued until XX March 17 1987 Under the provisions of the Huntington Beach Ordin ance Code , the action taken by the Planning Commission is final unless an appeal is filed to the City Council by you or an interested party. Said appeal must be ira writing and must set forth in detail the actions and grounds by and upon which the applicant or interested party deems himself aggrieved. Said appeal must be accompanied by a filing fee of one hundred and sixty-five ($165) dollars and be submitted to the City Clerk's office within ten (10 ) days of the date of the Commission's'action. In your case, the last day for filing an appeal and paying the filing fee is Provisions of the Huntington Beach Ordinance Code are such that any application becomes null and void one (1) year after final approval, unless actual construction has started. Very truly-yours,