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Home My WebLink About2010-04bk/2-3-10 • RESOLUTION NO. 2010-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2010-01 AS CONDITIONED 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 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. 2010-01 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 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 • 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) ,~ ~ Christop r Leo Chairman • Resolution No. 2010-04 Page 3 of 5 • APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney B a ~~, /,~`i,-- Y Benj mi au an Chi f 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: 02 ~~ ~~~ Ian ing Commission a tary City of Santa Ana Resolution No. 2010-04 Page 4 of 5 Conditions for Approval 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 rip or 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. 2009-54. 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 Page 5 of 5