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Home My WebLink About31B - WALL SIGN - 2890 N MAIN STREET REQUEST FOR COUNCIL ACTION ~a CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MARCH 1, 2010 TITLE: APPROVED ? As Recommended VARIANCE NO.2010-01 TO ALLOW THE INSTALLATION ? As Amended ? Ordinance on 15' Reading OF A WALL SIGN THAT DOES NOT COMPLY ? ordinance on 2"d Reading WITH THE HEIGHT AND LOCATION REQUIREMENTS OF ? Implementing Resolution THE SIGN CODE AT 2890 NORTH MAIN STREET - ? Set Public Hearing For MAINPLACE SHO INGTOWN, LLC, APPLICANT CONTINUED TO •rE - FILE NUMBER CITY MANAGER RECOMMENDED ACTION Receive and file the staff report approving Variance No. 2010-01 as conditioned. PLANNING COMMISSION ACTION ~ On February 8, 2010, the Planning Commission adopted a resolution approving Variance No. 2010- 01 as conditioned by a vote of 4:0 (Gartner and Yrarrazaval absent} to allow the installation of a wall sign for JCPenney that would vary from the height and location requirements of the City's sign code at 2890 North Main Street located in the General Commercial (C2} zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. J ~ M Trevino Executive Director Planning & Building Agency CR: rb Exhibit: A. Planning Commission Staff Report 31 B-1 31 B-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: PLANNING COMMISSION SECRETARY FEBRUARY 8, 2010 APPROVED TITLE: ? As Recommended PUBLIC HEARING -FILED BY MAINPLACE ? As Amended SHOPPINGTOWN, LLC FOR VARIANCE ? Set Public Hearing For NO. 2010-01 TO ALLOW THE INSTALLATION DENIED OF A WALL SIGN THAT DOES NOT COMPLY ? Applicant's Request WITH THE HEIGHT AND LOCATION REQUIREMENTS ? Staff Recommendation OF THE SIGN CODE AT 2890 NORTH MAIN STREET CONTINUED TO Prepared by Carlos Rodriguez Executive Director Planning Manager RECOMMENDED ACTION Adopt a resolution approving Variance No. 2010-01 as conditioned. DISCUSSION Request of Applicant Gregg Berwin, on behalf of MainPlace Shoppingtown, LLC, is requesting approval of Variance No. 2010-01 in order to allow for the installation of a new wall sign for JCPenney that would vary from the height and location requirements of the City's sign code at 2890 North Main Street. Property Description The project site consists of the existing Westfield MainPlace Shopping Mall, parking lots, and parking structures on an approximately 53 acre site. The proposed signage is for the existing 142,500 square foot JCPenney which is a main anchor tenant. The parcel is located within the General Commercial (C2) zoning district and has a General Plan land use designation of District Center (DC). Surrounding land uses include commercial and the Garden Grove (SR-22) Freeway to the north, commercial uses to the south, commercial and residential to the east, and the Santa Ana (I- 5) Freeway to the west (Exhibits 1 and 2). Project Description The applicant is proposing to construct a new 96 square foot (4-foot by 24-foot) individual channel letter wall sign for the existing JCPenney store (Exhibit 3). JCPenney is located at the north end of the mall, with the proposed sign to be located on the western elevation of the mall and outside of their lease area. The new sign is of high quality design and will be illuminated. As proposed, the sign is constructed of individual channel letters with white plexiglass faces and black trim caps and returns. EXHIBIT A 31 B-3 Variance No. 2010-01 February 8, 2010 Page 2 The proposed sign will be mounted along the western elevation which is visible from the Santa Ana (I- 5) Freeway. Two existing signs are currently located along the west building elevation. Analysis of the Issues Section 41-863 of the Santa Ana Municipal Code (SAMC) regulates exterior wall signs. Section 41-863(a) requires signs to be located on an exterior wall of the leasable tenant space. Additionally, Section 41-863(d)(1) states that no wall signs shall be placed higher than 20 feet. Currently, JCPenney has three individual channel letter signs on the elevations of their retail space. JCPenney is proposing to install an additions! sign along the west elevation which faces the southern parking lots and the Santa Ana (I-5) Freeway. This proposed sign is located outside of their lease area and along a wall section near the food court entrance. The sign will be located between two similar existing wall signs that advertise other major mall tenants (Nordstrom and Picture Show). The new wall sign will be installed near the top of the building wall at approximately 55 feet in height from the ground. Per the zoning code, the maximum allowed height for the wall sign for this installation is 20 feet. JCPenney is a large anchor tenant at the Westfield MainPlace Shopping Mall and occupies approximately 143,000 square feet of floor area. As the store is located along the northern portion of the site, the existing signage is not visible from the western section of Main Place Drive and the Santa Ana (I-5) Freeway because of the location of two existing on-site parking structures. Additionally, the Westfield MainPlace Shopping Mall is a large site and the buildings themselves are setback a large distance from the streets and freeway. The new JCPenney wall sign will advertise the store's presence at the Westfield MainPlace Shopping Mall and will help the tenant minimize the site and parking structure impacts on their existing signs. The existing mall is two stories in height, with the anchor stores at three stories. Although the sign is proposed at 55 feet from the ground, it is located on the two story portion of the mall. The sign will match the height, size, and color of two existing signs that are currently attached on the same wall section. The proposed location does not immediately face any additional commercial or residential properties and staff does not foresee any impacts to the surrounding properties. The sign will face the parking lot and will not be a distraction to drivers circulating through the mall. Additionally, the sign will be visible to drivers along the Santa Ana (I-5) Freeway but will not impact the freeway because it will be an internally illuminated sign and will blend with the adjacent signage. In summary, JCPenney is an anchor tenant that occupies a significant amount of square footage within the mall. The existing signage for JCPenney is not viewable from the southern portion of the mall and the additional sign will provide JCPenney with a stronger presence along the south and west elevations. Although the sign will be visible from the Santa Ana (I-5) Freeway, the interior location 31 B-4 Variance No. 2010-01 February 8, 2010 Page 3 and placement of the sign will not be a distraction to drivers. Additionally, the new sign will not impact the surrounding properties since the proposed location does not face any adjoining commercial or residential properties. Policy 2.10 of the Land Use Element encourages development that is harmonious in scale and character with the surrounding development. This section of Main Street is a commercial corridor and Westfield MainPlace Shopping Mall is surrounded by commercial properties and the Santa Ana (I-5) Freeway. The proposed sign is similar to signage at the mall and on the surrounding commercial properties. Further, Policy 4.4 of the Land Use Element encourages developments that promote the City's image as a regional activity center. The Westfield MainPlace Shopping Mall is a regional activity center and sufficient signage for the anchor tenants will enhance the mall's presence in the City and region. Therefore, staff recommends that the Planning Commission approve Variance No. 2010-01 as conditioned. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15301. This Class 1 exemption allows the permitting of signs for an existing commercial development. Categorical Exemption Environmental Review No. 2009-149 will be filed for this project. L~ ~ 1- Carlos Rodriguez, AICP Vince Frego o, CP Assistant Planner II Principal Planner CR:jm cr\reports\valo-i JC Penney sign.pc 1 B-5 C 1 t y o t D ~ • n p s D uv~R rv. 0 ~ C2-HD II 0 R7 ~M R1 R p w 22 FREEWAY cz- R1 HD II T01MI~COINfRY RD. 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The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2010-01 to allow the installation of a new wall sign for JC Penney that does not comply with the height and location requirements of the City's sign code at 2890 North Main Street. B. Variance No. 2010-01 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on February 8, 2010. C. Variance No. 2010-01 has been filed with the City of Santa Ana seeking to allow the installation of a new wall sign for JC Penney that does not comply with the height and location requirements of the City's sign code at 2890 North Main Street. D. Santa Ana Municipal Code Section 41-863 regulates exterior wall signs. Section 41-863(a) requires signs to be located on an exterior wall of the leasable tenant space. Additionally, Section 41-863(d)(1) states that no wall signs shall be placed higher than 20 feet. E. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. Resolution No. 2010-04 Page 1 of 5 31 B-15 Westfield MainPlace Shopping Mall is an existing regional mall located in the center of an approximately 53 acre site. JC Penney is one of the anchor tenants with 142,500 square feet of area and is located at the northern end of the mall. Two existing parking structures currently block the view of their signs along the western elevation and a new wall sign is proposed in a more visible location. The JC Penney sign will match the existing signage that is currently located adjacent to the proposed sign. The wall section is located within the interior of the property and will not have any impacts to surrounding property owners. Policy 4.4 of the Land Use Element encourages developments that promote the City's image as a regional activity center. The Westfield MainPlace Shopping Mall is a regional activity center and consistent, well designed signage for the tenants will enhance the mall's presence in the City and region. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance allows the tenant to install a new wall sign that identifies JC Penney's presence at Westfield MainPlace Shopping Mall. The existing JC Penney signs along the western elevation are not visible from Main Place Drive and Santa Ana (I-5) Freeway because of the existing mall parking structures. Two existing signs (Nordstrom and Picture Show) are adjacent to the new JC Penney wall sign and the sign will be similar in color and size. Additionally, the site is immediately surrounded by primarily commercial properties and the Santa Ana (I-5) Freeway. The new JC Penney sign is similar to existing wall signs at the Westfield MainPlace Shopping Mall as well as with signs located on the surrounding commercial properties. Policy 2.10 of the Land Use Element encourages development that is harmonious in scale and character with the surrounding development. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The proposed signage will be one of many existing signs at the Westfield MainPlace Shopping Mall. The size and design of the new sign is consistent with the existing signs, especially with those adjacent to the location. Additionally, since the sign primarily faces the mall parking lot and the adjoining Santa Resolution No. 2010-04 Page 2 of 5 31 B-16 Ana (I-5) Freeway, it will not have any impacts to the surrounding commercial and residential buildings. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan in any way as the land use designation of General Commercial (GC) allows the existing commercial development. The new sign will be consistent with the goals and policies of the City's General Plan. F. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15301. This Class 1 exemption allows the permitting of signs for an existing commercial development. Categorical Exemption Environmental Review No. 2009-149 will be filed for this project Section 2. The Planning Commission after conducting the public hearing hereby approves Variance No. 2010-01, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow the installation of a new wall sign for JC Penney that does not comply with the height and location requirements of the City's sign code. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated February 8, 2010 and exhibits attached thereto and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 8TH day of February , 2010 by the following vote: AYES: Commissioners: Alderete, Betancourt, Leo, Turner (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Gartner, Yrarrazaval (2) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman Resolution No. 2010-04 Page3of5 31 B-17 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2010-04 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 8, 2010 . Date: Planning Commission Secretary City of Santa Ana Resolution No. 2010-04 Page 4 of 5 31 B-18 Conditions for Apuroval for Variance No 2010-01 Variance No. 2010-01 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. The applicant must comply in full with each and every condition listed below rior to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planninp Division 1. The project shall remain in compliance with Site Plan Review DP No. 2009-54. 2. Any amendment to this variance must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the variance must be amended. 3. The proposed sign will be limited to the location and size indicated on the applicant's plans (4 feet by 24 feet). EXHIBIT A Resolution No. 2010-04 Page5of5 31 B-19 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex Second Floor, Santa Ana, California 92701. I served the fore oing document described as: Resolution No. 2010-04 (Variance No. 2010-01~ in this action by placing a true copy thereof enclosed in sealed envelopes addressed as follows: Gregg Berwin Mainplace Shoppingtown LLC 11601 Wilshire Boulevard, Suite 1100 Los Angeles, CA 90025 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ 31 B-20