2005 RES R-53-05 - Laserfiche WebLink

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, this Planning Commission previously approved a negative declaration for the Project pursuant to the California Environmental Quality Act ("CEQA") on January 25, 2005 ; and occurred. WHEREAS, all other legal prerequisites to the adoption of this Resolution have BE IT NOW THEREFORE RESOLVED AS FOLLOWS: SECTION 1. Based on the entire record before the City Council and all written and oral evidence presented, including the staff reports, the City Council hereby overturns the Planning Commission's decision and denies the major variance, without prejudice, for twenty foot tall electronic reader board sign, as shown on the attached Exhibit "A." SECTION 2. Based on the entire record before the City Council and all written and oral evidence presented, including the staff reports, the City Council makes the following findings to deny the major variance application pursuant to Section 18.58.040 of the Colton Municipal Code and California Government Code, §65906: A. Special circumstances do not exist that are applicable to the Subject Site, including size, shape, topography, location or surroundings, the strict application of which deprives the Subject Site of privileges enjoyed by other property in the vicinity under an identical zoning classification. The Subject Site is located is a typical large commercial property located within a completely urbanized area of the City. It is flat with no topography issues and the current provisions of the sign ordinance would allow the Applicant's to establish adequate signing for visibility. Further, the location of the Subject Site is not unique when compared to other properties upon which other recreational vehicle businesses are situated. Properties housing recreational vehicle businesses are generally located off freeways. As a result, they have the ability to establish freestanding signs that provide visibility from the freeway. The Subject Site, however, is not located adjacent to a freeway. Rather, it is located within an interior developed area, away from the freeway. Nevertheless, the Applicant wishes to provide signing pursuant to a major variance that would provide some limited visibility from the freeway. This is inconsistent with the City's sign ordinance which recognizes differences in property adjacent to a freeway and those that are not. For those that are not, the sign ordinance recognizes and encourages the placement of signs that are less obtrusive to the streetscape. Strict application of the zoning would not deprive the Subject Site of privileges enjoyed by other properties in the vicinity and zone. Although other locations along the Mt. Vernon corridor, such as Zendejas and Denny's, have signs which are over twenty feet in height these were approved under a previous version of the sign code. Further, the RV dealers that have been permitted taller freestanding signs are adjacent to the freeway. The Subject Site is not adjacent to the freeway. ORANGE\MXM\17387.1 -2-