HomeMy WebLinkAbout31A - VARIANCE NO. 2010-03 - 2130 E. SEVENTEENTH STREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 16, 2010
TITLE:
VARIANCE NO. 2010-03 TO INSTALL A NEW
FREESTANDING SIGN THAT EXCEEDS THE
NUMBER OF SIGNS ALLOWED WITHIN AN
INTEGRATED DEVELOPMENT SITE AT 2130
EAST SEVENTEENTH STREET - ICI
DEVELOPMENT COMPANY, APPLICANT
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 151 Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Receive and file the staff report approving Variance No. 2010-03 as conditioned.
PLANNING COMMISSION ACTION
On July 26, 2010, the Planning Commission adopted a resolution approving Variance No. 2010-03 as
conditioned by a vote of 7:0 to allow a freestanding sign that exceeds the total number of signs
allowed within an integrated development site at 2130 East Seventeenth Street located in the
Community Commercial (C1) 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.
Jay'k Trevino
Executive Director
Planning & Building Agency
VC:rb
vdreports\val0-03.Centrel 7th.oc
Exhibit: A. Planning Commission Staff Report
31A-1
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
JULY 26, 2010
TITLE:
PUBLIC HEARING - FILED BY ICI DEVELOPMENT
COMPANY FOR VARIANCE NO. 2010-03 TO INSTALL
A NEW FREESTANDING SIGN THAT EXCEEDS THE
NUMBER OF SIGNS ALLOWED WITHIN AN
INTEGRATED DEVELOPMENT SITE AT 2130 EAST
SEVENTEENTH STREET
Prepared by Verny Carvajal
Executive Director
RECOMMENDED ACTION
PLANNING COMMISSION SECRETARY
APPROVED
? As Recommended
? As Amended
? Set Public Hearing For
DENIED
? Applicant's Request
? Staff Recommendation
CONTINUED TO
Z-42A d-4A- 44441
Planning Ma er
Adopt a resolution approving Variance No. 2010-03 as conditioned.
DISCUSSION
Request of Applicant
ICI Development Company is requesting approval of a variance from the Santa Ana Municipal Code
(SAMC) in order to allow a freestanding sign that exceeds the total number of signs allowed within an
integrated development site at 2130 East Seventeenth Street.
Property Description
The subject site, known as the Centre on Seventeenth, is an 18.42 acre site located on the south
west comer of Seventeenth Street and Tustin Avenue. The parcel is bounded by Seventeenth Street
and retail uses to the north; Williams Street and office uses to the west; Tustin Street and mixed retail
and office to the east; and office with residential uses to the south. The site currently contains
community commercial shopping center development with approximately 202,950 square feet of
leasable commercial space, including an Albertson's Supermarket, Staples, Petsmart, Ross and
Claim Jumper Restaurant. A total of 1,023 parking stalls are provided on site.
The property has approximately 1,450 feet of linear frontage along Seventeenth Street, and
approximately 640 linear feet along both Tustin Avenue and Williams Street. The zoning
designation for this parcel is Community Commercial (Cl) consistent with the General Plan land
use designation of General Commercial (GC) for the area (Exhibits 1, 2 and 3).
There are five existing freestanding signs on the site which were approved as part of the original
development in 1996 (Exhibit 4).
EXHIBIT A 4
Variance No. 2010-03
July 26, 2010
Page 2
Proiect DescrlDtion
The applicant is requesting a variance from Section 41-862(a) to allow the installation of a new
freestanding monument sign at a secondary access point to the shopping center along Tustin
Avenue. The sign will be approximately seven feet in height and will include three tenant face panels
per side (Exhibit 5). The proposed signs will draw on the materials and form of sculptural artwork and
landscaping as part of the existing shopping center and will feature decorative concrete, stone and
iron in vertical forms to match the theme and style of the existing development.
In addition to this request, the applicant will be increasing the sign face area of an existing
freestanding monument sign along Seventeenth Street to 45 square feet as permitted by code
(Exhibit 6). This component of the application does not require any discretionary action and is not the
subject of the variance request.
Analysis of the Issues
The Zoning ordinance of the SAMC provides for the regulation of on-premise signs, such as those
found at the Centre on Seventeenth. The purpose of regulating signs is to preserve the quality of the
visual environment by preventing sign clutter; to ensure that businesses have adequate signage to
promote successful commerce; and to provide for public safety by disallowing signs that may distract
drivers or impede the use of sidewalks. In this case the applicant is requesting to construct one
additional sign in exceedance of the total allowed under SAMC Section 41-862(a) which allows for up
to five freestanding signs on integrated development sites, such as the Centre on Seventeenth.
The Centre on Seventeenth currently has five freestanding signs which were approved as part of the
rehabilitation project in 1996 (Exhibit 4). Previous entitlements approved included:
a) 15-foot high Claim Jumper pole sign on Seventeenth Street
b) 20-foot high gateway entry sign on Seventeenth Street
c) 20-foot high gateway entry sign on Tustin Avenue
d) 7-foot high monument sign for Burger King on Seventeenth Street
e) 7-foot high monument sign for retail tenant on Seventeenth
The applicant is proposing to install a sixth freestanding monument sign along a secondary access
point to the shopping center along Tustin Avenue (Exhibit 4). The applicant intends to install the
new sign approximately 205 feet from the existing gateway sign along Tustin Avenue in order to
advertise additional retail tenants.
Variance No. 2010-03
July 26, 2010
Page 3
The SAMC also provides for the ability to vary from the design standards contained in the code
when there is a condition unique to the size, shape or topography of the site. In this case, there
are three features of the subject site that would warrant a variance from the regulation on the
allowed number of freestanding signs: the length of the shopping center's street frontage along
Tustin Avenue; the overall size of the shopping center site; and the relatively obscured location of
the secondary entrance along Tustin Avenue. The following outlines the unique challenges that
each of these circumstances creates.
The subject site is a large integrated shopping center with very long street frontages. The Tustin
Avenue frontage is approximately 590 linear feet and currently has only one freestanding sign
along its entire length. By comparison, a standard city block is from between 200 to 300 feet in
length. It would not be unusual for there to be several freestanding signs along a single block and
still avoid the appearance of sign clutter. The new sign is proposed to be 205 feet away from the
existing freestanding sign on this side of the shopping center (Exhibit 7). The long street frontage
qualifies as a unique characteristic of the shape of the subject site. In addition, the proposed sign
is of high quality construction with a sculptural design unique to the shopping center. Due to its
artistic design, the sign itself would add visual interest to the site further reducing the likelihood that
the sign would be unsightly. Given this rationale, it is staff's finding that the addition of one new
sign in this location would be warranted due to the long street frontages that are a unique
characteristic of the shape of the subject property and that the addition of the new sign would not
create a detriment to the visual aesthetic of the area.
As stated previously, one of the purposes of the sign code is to allow for adequate business
identification in order to promote commerce. At 18.42 acres the shopping center site is very large
allowing for significant amounts of retail space and associated parking. While some of the
buildings are located along the site perimeter and have excellent visibility from the adjacent
roadways, many of the tenant spaces are located on the interior of the site and are set back behind
the large parking lot creating poor visibility for these tenants from the adjacent roadways. The
applicant is requesting the additional sign along Tustin Avenue in order to provide improved tenant
identification for key shops located on the interior of the site. The addition of the proposed sign
would allow the center to provide for adequate signage to promote commerce. Given this
rationale, it is staff's finding that the addition of one new sign in this location is warranted due to the
unique characteristic of the size of the property.
Finally, the proposed location of the new sign along Tustin Avenue would be immediately adjacent
to the secondary entrance to the site (Exhibit 7). The location of this driveway is at the most
southerly point of the shopping center and it is obscured by the buildings located just to the north.
It is especially difficult for drivers travelling south on Tustin Avenue to see the driveway in time to
make the turn in to the center. The situation is further complicated by the location of the only other
sign on this side of the center, which is approximately 205 to the north of the driveway. The
additional sign will provide for improved identification of the driveway and the tenants inside the
center. The addition of the sign in this location is warranted due to the unique characteristic of the
location of the property.
Variance No. 2010-03
July 26, 2010
Page 4
In summary, staff recommends approval of the additional freestanding sign as it will benefit the
community by identifying additional services and products available within the Centre on Seventeenth
to motorists and pedestrians traveling along Tustin Avenue. Staff recommends that the Planning
Commission approve Variance No. 2010-03 as conditioned for a new freestanding monument sign
(Exhibits 8 and 9).
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. 2009-178 will
be filed for this project.
Vemy Carvajal
Senior Planner
Vin regoso, AICP
Principal Planner
VC.jm
vOreportsWa I MICentrel7th.pc
Al GENERAL AGRICULTURAL
-B PARKING MODIFICATION
C1 COMMUNITY COMMERCIAL
Cl-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT
C2 GENERAL COMMERCIAL
C3 CENTRAL BUSINESS
C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE
C4 PLANNED SHOPPING CENTER
C5 ARTERIAL COMMERCIAL
CR COMMERCIAL RESIDENTIAL
C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT
-F FLOOR AREA RATIO
GC GOVERNMENT CENTER
Ml LIGHT INDUSTRIAL
M2 HEAVY INDUSTRIAL
MO MILITARY OPERATIONS
O OPEN SPACE
-OZ OVERLAY ZONE
P PROFESSIONAL
PCD PLANNED COMMUNITY DEVELOPMENT
PD PLANNED DEVELOPMENT
PRD PLANNED RESIDENTIAL DEVELOPMENT
RI SINGLE-FAMILY RESIDENCE
R2 TWO-FAMILY RESIDENCE
R3 MULTIPLE-FAMILY RESIDENCE
R4 SUBURBAN APARTMENT
RE RESIDENTIAL ESTATE
SD SPECIFIC DEVELOPMENT
SP SPECIFIC PLAN
VAR 10-3
CENTRE ON SEVENTEENTH
2130 EAST SEVENTEENTH STREET'
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P L A N N I N G A N D B U I L D I N G A G E N C Y
VICINITY MAP
EXHIBIT 1
31A-6
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EXHIBIT 7
Variance No. 2010-03
July 26, 2010
Page 1 of 1
Findings of Fact
A. 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.
The Centre on Seventeenth is an 18.42 acre shopping center with over 200,000 square
feet of leasable tenant space. Due to the length of the shopping center's street frontage
along Tustin Avenue; the overall size of the shopping center site; and the relatively
obscured location of the location of the secondary entrance along Tustin Avenue, the
installation of additional freestanding signage will allow the Centre on Seventeenth the
ability to identify key goods and services available within the interior of the shopping
center. Lastly, Policy 1.10 of the City's Land Use Element encourages the location of
commercial centers at arterial roadway intersections in commercial districts. The
variance will allow the center to remain competitive in a manner that is consistent with
other commercial centers located at key gateways along arterial streets in the City.
B. 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 for secondary signage will allow the tenant the ability to
identify additional retail and food establishments within the shopping center. The
additional sign is consistent with Policy 2.2 of the Land Use Element that supports
commercial uses in adequate amounts to accommodate the City's needs for goods and
services.
C. That the granting of a variance will not be materially detrimental to the public welfare or
injurious to surrounding property.
The additional freestanding sign will be consistent with the architectural theme and
materials found on similar signs within the shopping center. The height and
appearance of the sign will blend with established shopping center and will not be
materially detrimental to the public welfare or injurious to surrounding property. The
sign will be located outside of required corner site distance triangle and will not interfere
with the safety of pedestrians or motorists entering or exiting the site.
D. 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 signage in conjunction
with retail uses in the land use designation.
VAR 10-3
EXHIBIT 8
011 x_13
JULY 26, 2010
PAGE 1 OF 1
Conditions for Aporoval
Variance No. 2010-03 is approved subject to compliance, to the reasonable satisfaction of the
Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California
Administrative Code, the California Building Standards Code and all other applicable regulations. In
addition, it shall meet the following conditions of approval:
The applicant must comply with each and every condition listed below prior 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. Planning Division
1. The project shall remain in compliance with Site Plan review DP No. 2009-63.
2. The design of the new freestanding sign is to draw from elements of the landscaping
design, existing signs, and project architecture.
3. Should the additional sign be approved, the applicant shall submit a revised sign
program for review.
4. 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 if the variance must
be amended.
5. The proposed sign will be limited to the location and size as indicated on the approved
plan per the attached exhibit.
VAR 10-3
EXHIBIT 9
?1 ?0?_14
jf:7/26/10
RESOLUTION NO. 2010-07
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA GRANTING VARIANCE NO.
2010-03 TO INSTALL A NEW FREESTANDING SIGN THAT
EXCEEDS THE NUMBER OF SIGNS ALLOWED WITHIN
AN INTEGRATED DEVELOPMENT SITE AT 2130 EAST
SEVENTEENTH STREET.
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF
SANTA ANA AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby
finds, determines and declares as follows:
A. Applicant is requesting approval of Variance No. 2010-03 to allow a
freestanding sign that exceeds the total number of signs allowed
within an integrated development site at 2130 East Seventeenth
Street.
B. Variance No. 2010-03 came before the Planning Commission on
July 26, 2010 for a duly noticed public hearing, which was
conducted by the Planning Commission.
C. The applicant is requesting a variance from Section 41-862(a) to
allow the installation of a new freestanding monument sign at a
secondary access point to the shopping center along Tustin
Avenue. The sign will be approximately seven feet in height and
will include three tenant face panels per side The proposed signs
will draw on the materials and form of sculptural artwork and
landscaping as part of the existing shopping center and will feature
decorative concrete, stone and iron in vertical forms to match the
theme and style of the existing development.
D. The Planning Commission determines that for Variance No. 2010-
03 the following findings, which must be established pursuant to
Santa Ana Municipal Code Section 41-638 in order to grant a
variance from the provisions of the Santa Ana Municipal Code,
have been established:
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
Resolution No. 2010-07
Page 1 of 5
31 A-15
otherwise at variance with the intent and purpose of the
provisions of this chapter.
The Centre on Seventeenth is an 18.42 acre shopping
center with over 200,000 square feet of leasable tenant
space. Due to the length of the shopping center's
street frontage along Tustin Avenue; the overall size of
the shopping center site; and the relatively obscured
location of the location of the secondary entrance along
Tustin Avenue, the installation of additional
freestanding signage will allow the Centre on
Seventeenth the ability to identify key goods and
services available within the interior of the shopping
center. Lastly, Policy 1.10 of the City's Land Use
Element encourages the location of commercial centers
at arterial roadway intersections in commercial districts.
The variance will allow the center to remain competitive
in a manner that is consistent with other commercial
centers located at key gateways along arterial streets in
the City.
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 for secondary signage will
allow the tenant the ability to identify additional retail
and food establishments within the shopping center.
The additional sign is consistent with Policy 2.2 of the
Land Use Element that supports commercial uses in
adequate amounts to accommodate the City's needs
for goods and services.
3. That the granting of a variance will not be materially
detrimental to the public welfare or injurious to surrounding
property.
The additional freestanding sign will be consistent with
the architectural theme and materials found on similar
signs within the shopping center. The height and
appearance of the sign will blend with established
shopping center and will not be materially detrimental to
the public welfare or injurious to surrounding property.
The sign will be located outside of required corner site
Resolution No. 2010-07
Page 2 of 5
31 A-16
distance triangle and will not interfere with the safety of
pedestrians or motorists entering or exiting the site.
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
signage in conjunction with retail uses in the land use
designation.
Section 2. This project was reviewed in accordance with the
Guidelines for the California Environmental Quality Act. The
recommendation is exempt from further review pursuant to Section 15311.
This Class 11 exemption applies to a project that involves the construction
of minor structures accessory to existing commercial buildings including
the construction of on-premise signs. Categorical Exemption
Environmental Review No. 2006-177 will be filed for this project.
Section 3. The Planning Commission of the City of Santa Ana
after conducting the public hearing hereby approves Variance No. 20010-
03 as conditioned in Exhibit A attached hereto and incorporated herein.
These decisions are based upon the evidence submitted at the above said
hearing, which includes but is not limited to: the Request for Planning
Commission Action dated July 26, 2010 and exhibits attached thereto and
the public testimony all of which are incorporated herein by this reference.
ADOPTED this 26th day of July , 2010 by the following vote:
AYES: Commissioners: Acosta, Alderete, Betancourt. Gartner Turner
Walters. Yrarrazaval (7)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: None (0)
Resolution No. 2010-07
Page 3of5
31 A-17
Eric Alderete
Chairman
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify
the attached Resolution No. 2010-07 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on July 26, 2010.
Date:
Planning Commission Secretary
City of Santa Ana
Resolution No. 2010-07
Page 4 of 5
31 A-18
EXHIBIT A
CONDITIONS TO VARIANCE NO. 2010-03
Variance No. 2010-03 is approved subject to compliance, to the reasonable
satisfaction of the Planning Manager, with applicable sections of the Santa Ana
Municipal Code, the California Administrative Code, the California Building
Standards Code and all other applicable regulations. In addition, it shall meet the
following conditions of approval:
The applicant must comply with each and every condition listed below prior 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.
The project shall remain in compliance with Site Plan review DP
No. 2009-63.
2. The design of the new freestanding sign is to draw from elements
of the landscaping design, existing signs, and project architecture.
3. Should the additional sign be approved, the applicant shall submit
a revised sign program for review.
4. 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 if the variance must be
amended.
5. The proposed sign will be limited to the location and size as
indicated on the approved plans.
Resolution No. 2010-07
Page 5 of 5
31 A-19
31A-20