HomeMy WebLinkAboutRES 17-7056 (OVERTURN PC-SIGN VARIANCE 1818 MONTEREY BI)2
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RESOLUTION NO. 17-7056
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, GRANTING AN APPEAL, OVERTURNING THE
PLANNING COMMISSION DECISION AND APPROVING A VARIANCE TO
LOCATE A SIGN WITHIN THE PUBLIC RIGHT-OF-WAY AT 1818
MONTEREY BOULEVARD (ST. CROSS EPISCOPAL CHURCH), LEGALLY
DESCRIBED AS PORTION OF LOT 12, BLOCK 71, SECOND ADDITION;
LOTS 1, 2, 3, 4 & 5, P. McNERNEY'S REPLAT OF A PORTION OF LOT 12,
BLOCK 71 OF 2ND ADDITION; LOTS 11, 12, 13 & 14, BLOCK 53, FIRST
ADDITION; LOTS 19,20 & 21, TRACT NO. 1129, BLOCK 53; LOTS 17 & 18,
TRACT NO. 1128, BLOCK 53, HERMOSA BEACH
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES
HEREBY RESOLVE AND ORDER AS FOLLOWS:
SECTION 1. An application was filed by St. Cross Episcopal Church seeking approval for
sign variance to replace an existing double-faced 22 square foot (per face) aluminum sign located
top of a brick wall on private property with a total height of 6' 5" with a double-faced 27 square f
(per face) urethane sign mounted on two poles with a total height of 6'9" to be located within
public right-of-way.
SECTION 2. The Planning Commission conducted a duly noticed public hearing to
consider the application for a sign variance (VAR 16-2) on September 20, 2016, at which time the
staff report and testimony and evidence, both written and oral, was presented to and considered by
the Planning Commission. The Planning Commission approved a sign variance, in part, and voted
5-0 approving the proposed sign size (double-faced 27 square foot (per face) urethane sign mounted
on two poles with a total height of 6'9") and sign type (ground sign) and voted 3-2 denying the
proposed sign location within the public right-of-way and determined the project is Categorically
Exempt from the California Environmental Quality Act (CEQA).
SECTION 3. On October 10, 2016 the applicant (St. Cross Episcopal Church), pursuant to
Section 17.54.060 (B) of the Municipal Code, filed an appeal of the Planning Commission's decisi
to deny the request to locate the proposed sign within the public right-of-way.
SECTION 4. On December 13, 2016, the City Council held a duly noticed public hearing to
review the Planning Commission's decision to deny the request to locate the proposed sign within
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the public right-of-way, at which time testimony and evidence, both written and oral, and the
of the decision of the Planning Commission was presented to and considered by the Council.
SECTION 5. Based on the staff report, testimony and evidence received, the City C
makes the following factual findings:
The appellant (St. Cross Episcopal Church) filed an appeal arguing that the property
was different than other properties and that the variance is justified due to Monterey Boulevard
I having a wider right-of-way (80 feet) than most streets with the resulting 14-foot dimension
back of sidewalk to west property line. This limits the ability to place a sign in a visible location
viewed from the street or sidewalk.
SECTION 6. Based on the staff report, testimony and evidence received, the City
makes the following findings pursuant to H.B.M.C. Section 17.50.190 in which all findings must be
made to grant a variance:
A. A variance authorized is not a grant of a special privilege inconsistent with
limitations on other properties in the vicinity.
Sign regulations for residential zones and residential districts are fairly restricti
and do not contain any provision for churches which are allowed in limited situations with a
Conditional Use Permit or have existed for a long term as established uses. A vast majority of streets
in the City would allow an identification sign for the church to be located in a visible location near
the street and public sidewalk. Typical public right-of-way widths are 40 feet and therefore sidewalks
roughly align with adjacent private property. However, Monterey Boulevard has a wider right-of-
way (80 feet) than most streets, limiting the potential visibility of a sign located on private property
as it must be placed at least 14 feet from back of sidewalk.
Therefore, the variance is not a grant of a special privilege but recognition of
unusual situation where a long-standing church property fronts on a street (Monterey
with an unusually wide public right-of-way.
B. Special conditions and extraordinary circumstances apply to the property and do
not apply to the other properties in the vicinity so that the strict application of this chapter works a
demonstrated hardship on the particular property.
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A hardship exists relative to sign location because Monterey Boulevard is a uniquel
street in that the public right-of-way is wider than other streets in the City which limits visibility of
a sign located on private property. The dimension from curb face to the private property line is 20
feet. The proposed sign location within the public right-of-way, approximately two feet from the
sidewalk and situated perpendicular to the street is reasonable due to the special conditions and
extraordinary circumstances outlined above.
C. The variance will not adversely affect public safety and the design and appearance
of the signing and structures of the surrounding area.
The proposed sign location within the public right-of-way will not impact line
sight or public safety because the dimension from curb face to the proposed sign is approximately 8
feet with a 2-foot dimension from back of sidewalk to the proposed sign. Ground signs are typically
placed close to the exterior edge of the nearest public improvement (sidewalk or street improvement)
on typical properties abutting typical public right-of-ways widths. The sign will be situated
perpendicular to the street and approximately 17 feet from the drive approach leading to the church
parking lot. Because the closest adjacent property is owned by the church and the sign location is
several hundred feet from residential uses to the south, there will be no visual impacts to the
surrounding area. Additionally, sign illumination will be static, external and oriented so that only the
sign face is illuminated, with a low intensity light and automatically turned off between 10:00 p.m.
and dawn to prevent adverse impacts to public safety and the surrounding area. The sign is
harmoniously designed to complement the architectural style of the church. Therefore, the proposed
sign location within the public right-of-way will not adversely affect public safety and the design
and appearance of the signing and structures of the surrounding area.
SECTION 7. Based on the staff report, testimony and evidence received, including the
record before and findings of the Planning Commission, the City Council hereby grants the appeal,
overturns the Planning Commission decision and approves in part Sign Variance 16-2 to locate a
sign within the public right-of-way (superseding Planning Commission Resolution 16-27) at 1818
Monterey Boulevard (St. Cross Episcopal Church) subject to the following Conditions of Approval:
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1. The sign shall comply with and not exceed the sign area, height and
standards of the plan approved by the Planning Commission on September 20, 2016 (PC Resolution
No. 16-26) with the exception of sign location in which City Council granted an appeal, overturning
the Planning Commission decision and approved a variance to locate a sign within the public right-
of-way. The new ground sign shall be located approximately 8 feet from curb face with a 2-foot
dimension from back of sidewalk to the proposed sign, south of the brick wall within the planter and
perpendicular to Monterey Boulevard. The new sign is subject to both this Resolution and PC
Resolution No. 16-26.
2. The new ground sign shall not be constructed or erected until a sign permit
has been issued by the Community Development Director. A separate permit shall be required
private improvements to be located in the public right-of-way subject to an encroachment per
and must be approved by the Public Works Director. In addition, electrical permits as may
applicable shall be obtained prior to installing lighting.
3. The Community Development Director may approve minor
that do not otherwise conflict with the Hermosa Beach Municipal Code or requirements of this
approval.
4. If the sign is damaged or destroyed to more than fifty (50) percent or is
proposed to be substantially altered, enlarged, remodeled, reconstructed or relocated, the sign
variance shall be reviewed by the Planning Commission.
5. The existing aluminum sign located on top of the brick wall shall be full}
removed and the wall and surrounding landscape area shall be repaired to good condition.
6. Any illumination shall be static, external and oriented so that only the
face is illuminated, automatically turned off between 10:00 p.m. and dawn, and low intensity subj
to approval by the Community Development Director per H.B.M.C. Section 17.50.070. A.5.
7. During the first thirty days following installation, the building official may
order the dimming of any illumination found to be excessively brilliant. Illumination is considered
excessive if it prevents normal perception of objects beyond or in vicinity of the sign.
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8. If the sign becomes a danger to the public or is unsafe and/or constitutes
a traffic hazard then the sign variance shall be reviewed by the Planning Commission.
SECTION 8. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge
to the decision of the City Council must be made within 90 days after the final decision by the City
Council.
SECTION 9. This Resolution shall take effect immediately. The City Clerk shall certify
to the passage and adoption of this Resolution, shall cause the original of the same to be entered
among the original resolutions of the City Council and shall make a minute of the passage and
adoption thereof in the minutes of the City Council meeting at which the same is passed and adopted.
PASSED, APPROVED, and ADOPTED this loth day of January, 2017.
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PRESIDENT of the City Council and MAYO of the City of Hermosa Beach, California
ATTEST:
City Clerk
City Attorney
TO FORM:
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Resolution No. 17-7056 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a Regular
Meeting of said Council at the regular place thereof on January 10, 2017.
The vote was as follows:
AYES: Armato, Duclos, Petty
NOES: Massey, Mayor Fangary
ABSTAIN: None
ABSENT: None
Dated January 11, 2017
Elaine Doerfling, City Cl