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HomeMy WebLinkAbout75A - PH - ZONING ORD SIGNSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: APRIL 15, 2014 TITLE: APPROVED ❑ PUBLIC HEARING— ZONING ORDINANCE ❑ AMENDMENT NO, 2013 -02 TO AMEND ❑❑ PROVISIONS OF CHAPTER 41 RELATING TO ❑ SIGN PROGRAMS FOR REGIONAL ❑ COMMERCIAL CENTERS AND ATTRACTIONS, CITY OF SANTA ANA - APPLICANT CITYelMANAGER RECOMMENDED ACTION As Recommended As Amended Ordinance on 15' Reading Ordinance on 2ntl Reading Implementing Resolution Set Public Hearing For CONTINUED TO FILE NUMBER Adopt an ordinance approving Zoning Ordinance Amendment No. 2013 -02. CITY COUNCIL ACTION On March 18, 2014, the City Council held a public hearing on Zoning Ordinance Amendment No. 2013 -02. Council members discussed the proposed amendments to Chapter 41 of the Santa Ana Municipal Code (SAMC) relating to planned sign programs to allow provisions for regional commercial centers, automobile dealerships, and attractions and electronic message displays. After discussing the proposed amendments, the City Council recommended modifying proposed section 41- 885(e)(8) to require electronic message displays maintain a minimum amount of advertising capacity for public service announcements, emergency warnings, and /or notifications as requested by the City. Staff also proposed the removal of proposed section 41- 885(e)(1) to delete restrictions on the quantities of electronic message displays and to modify proposed section 41- 885(e)(3)(A) to allow for image transitions. The City Council unanimously recommended continuing the item to allow staff to revise the proposed amendments to reflect these modifications. On February 24, 2014, the Planning Commission recommended that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2013 -02 by a vote of 6:0 (Gartner absent). The Planning Commission recommended several modifications to the proposed amendments that would remove restrictions on electronic message displays' hours of illumination and that would provide flexibility in determining compatibility of proposed signage with the scale, intensity, and site development characteristics of regional centers (Exhibit A). 75A -1 Zoning Ordinance Amendment No. 2013 -02 April 15, 2014 Page 2 DESCRIPTION This zoning ordinance amendment will make it possible for regional commercial centers, automobile dealerships, and attractions, such as MainPlace Mall or Discovery Science Center, to apply for regional planned sign programs that address the unique identification needs of these regionally - oriented uses. Moreover, destinations meeting the definitions of such regional centers will be able to propose electronic message displays subject to standard conditions proposed in the zoning ordinance amendment. Such regional planned sign programs would require Planning Commission approval. FISCAL IMPACT There is no fiscal impact associated with this action Karen Naluza Interim Executive Director Planning and Building Agency AP: rb apVeportslstaff reports for cc\ZOA 2013-02 Sign Progranns.cc.041514 Exhibit: A. Planning Commission Staff Report 75A -2 REQUEST FOR PLANNING COMMISSION MEETING DATE: FEBRUARY 24, 2014 TITLE: PUBLIC HEARING — FILED BY THE CITY OF SANTA ANA FOR ZONING ORDINANCE AMENDMENT NO. 2013-02 TO AMEND PROVISIONS OF CHAPTER 41 RELATING TO SIGN PROGRAMS FOR REGIONAL COMMERCIAL CENTERS AND ATTRACTIONS Prepared by Ali Pezeshkpour Interim Executive Directo PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Actin Plan!) tg Manager 1 Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2013 -02. Plannina Commission Action The proposed action was presented to the Planning Commission on September 23, 2013, after which the Planning Commission recommended that the City Council adopt a resolution approving Zoning Ordinance Amendment No. 2013 -02. Since that hearing, the City received input from the Development and Transportation Council Committee and community stakeholders that could be affected by the proposed code amendments. Based on this input, staff made additional revisions to the proposed amendments. Request of the Applicant The City of Santa Ana is requesting an amendment to Chapter 41 of the Santa Ana Municipal Code (SAMC) to reuse the code sections pertaining to sign programs for regional commercial centers and attractions. Project Description and Location The requested action will amend Sections 41 -860, 41 -861, and 41 -885 [Chapter 41, Article XI, Divisions 2 and 3 (Sign Standards and Regulations, Planned Sign Programs)] citywide. Planned sign programs are currently required of all commercial properties in Santa Ana with three or more tenants, with the exception of those in the Transit Zoning Code /SD -84, which sets the threshold at two or more commercial tenants. The requested action will allow certain commercial centers and attractions to apply for planned sign programs and allow unique signage as they relate to height, size, quantity, or scale. Further, the Zoning Code amendment will require that the planned sign programs be reviewed by the Planning Commission. EXHIBIT A 75A -3 Zoning Ordinance Amendment No. 2013 -02 February 24, 2014 Page 2 Prolect Backaround A planned sign program is a tool through which local jurisdictions may regulate the appearance of signage in multi - tenant commercial centers, attractions, or other destination centers. The goal of such regulation is often to encourage consistent and harmonious designs, colors, size, and locations of signage in these centers. In Santa Ana, applications for planned sign programs are reviewed and approved in a ministerial manner. The Santa Ana Municipal Code requires that proposed signage contained in planned sign programs be consistent with the minimum standards for on- premise signage found in the Sign Code. These standards include those outlined in Sections 41 -860 (General Regulations), 41 -861 (Additional Regulations), and 41 -862 through 879 (freestanding, wall, major building identification, and other signs). The provisions and standards in these sections regulate appearance, quantity, size and dimensions, location, and height of signage. The City from time to time receives applications for sign programs for major centers such as shopping venues or attractions that propose unique signage that does not conform to the standards of the SAMC. Currently, applications for these sign proposals are processed through variances or are found within zoning districts known as Specific Developments (SD). The proposed amendments would create an alternative, more streamlined means for applicants to propose signage that is unique to regional commercial centers or attractions. Proiect Analysis The purpose of this zoning ordinance amendment is to create a new tool that regional commercial centers and attractions may use to address the unique signage situations specific to these uses and locations. This amendment will also ensure that the implementation of such sign programs will not have detrimental effects on permitted adjacent sensitive uses, such as residential neighborhoods, due to potential nuisances caused by scale, quantity, light, visual distractions, and off -site advertising. Staff research and analysis of cities statewide with major commercial centers and attractions show that many jurisdictions with unique, regional commercial centers or attractions use the planned sign program as a tool to allow flexibility with signage proposals. Cities selected by staff for review contain regional malls and /or attractions with mixtures of uses similar to what is found at Westfield MainPlace or the Discovery Science Center in Santa Ana. In such cases, many of the surveyed cities require that a site meet minimum criteria to be eligible to apply for a planned sign program. These cities review applications for such sign programs through the Zoning Administrator, special Design Review Committee, or the Planning Commission. Moreover, these cities' municipal codes grant authority to the applicable review body to exercise discretion when reviewing applications for sign programs in order to ensure appropriateness with regards to size, quantity, scale, and other factors unique to site context and the nature of business activities conducted. Table 1 lists the cities surveyed and outlines the nature of their planned sign programs. 75A -4 Zoning Ordinance Amendment No. 2013 -02 February 24, 2014 Page 3 Table 1: Surveyed Cities and Planned Sign Programs city Review Body Nature Brea Planning Commission Subject to a conditional use permit and reviewed on a case - b -case basis to determine quality and site compatibility. Costa Zoning Administrator Subject to a minor conditional use permit. Zoning Mesa Administrator must make findings related to quality and context if the proposed signage deviates from the sign standards. Sign program establishes design standards, not message content. Culver Director (ministerial) Director must find that proposed signage is warranted and city compatible with existing or proposed site development. Fairfield Director (ministerial), Minimum number of tenants or size required. If no deviations Zoning Administrator, or proposed, director approves. Minor or major exceptions from Planning Commission the code require Zoning Administrator or Planning Commission approval, respectively, Huntington Director (ministerial) Minimum floor area required. Director must find that Beach proposed signage is compatible with existing or proposed site development. Newport Zoning Administrator Minimum site size, number of tenants, and/or frontage on a Beach public street required. Zoning Administrator must make findings related to quality and context if the proposed signage deviates from the sign standards. Sign program establishes design standards, not message content. Ontario Zoning Administrator Minimum site size and number of tenants required. Zoning Administrator must make findings related to quality and context if the proposed signage deviates from the sign standards. Roseville Planning Commission Required of all "regional mail" properties. Planning Commission to review location, height, area, design, and number to ensure site compatibility._ The first component of the requested action is to create Section 41 -885 and establish standards of approval for regional commercial centers and attractions. This section will contain definitions for regional commercial centers and regional attractions, thereby setting minimum eligibility criteria for such sites. The proposed code amendments will also outline how and by whom applications for planned sign programs for regional commercial centers and attractions may be submitted for Planning Commission review. The proposed action will further amend the Sign Code to establish that such planned sign program applications will be reviewed in a manner similar to that for conditional use permits, as detailed in Sections 41 -633 through 41 -651 of the SAMC. The proposed amendments will also establish findings of fact that the Planning Commission must make when deciding on applications for 75A -5 Zoning Ordinance Amendment No. 2013 -02 February 24, 2014 Page 4 planned sign programs. These findings will ensure that the scale and intensity of the proposed signage is consistent with surrounding land uses, that the location of the proposed signage will not create a hazardous environment for those on City streets or nearby freeways, and that the proposed signage is compatible with the scale, intensity, and site development characteristics. Scale and intensity will be determined by a variety of factors, including height of existing or proposed on -site buildings; quantity of on -site buildings, facades, and street frontages; scale of buildings relating to surrounding land uses and transportation routes for pedestrians and motorists; visibility from transportation corridors or public spaces; and architecture, colors, materials, illumination, and other site characteristics. Staff surveys illustrate that other jurisdictions with similar regional commercial centers that review planned sign programs on a case -by -case basis take similar measures to limit distracting or potentially- hazardous signage while also allowing flexibility that reflects site development characteristics and context. The proposed action would add provisions that require applications reviewed by the Planning Commission to comply with all provisions of Section 41 -860 and several provisions of Section 41 -861 in order to guarantee the health, welfare, and safety of residents and workers in the immediate vicinity. These two sections will be modified to allow for expanded opportunities for distinctive signage, including aerial or balloon signs and electronic message displays, to better meet the unique needs of regional centers or attractions. Finally, the proposed code amendments would create a provision for electronic message displays ("digital signs ") in planned sign programs for regional commercial centers and regional attractions. Staff surveys of other jurisdictions with similar planned sign program provisions for large -scale centers show that various cities often remand requests for digital technology to their planning commissions and that these bodies review such requests on a case -by -case basis to ensure appropriate actions are taken that reflect the context and site development characteristics of each proposal. The proposed code amendments would also establish baseline conditions for all electronic message displays that would protect the health, safety, and welfare of those within viewing distance of such signage while also allowing flexibility in digital technology as it advances overtime. Public Outreach and Notification The proposed action was presented to the Planning Commission as a work study session on April 22, 2013. Can September 23, 2013, a public hearing was held on the item after which the Planning Commission recommended the proposed code amendments for approval by the City Council. Members of the business community representing properties that may be affected by the proposed code amendments were invited to attend both meetings to learn about staffs proposed changes and to provide input. Since then, the City has received additional input from various stakeholders that may be affected by the proposed code amendments. During the time between the September 23, 2013 and this public hearing, staff continued to survey other cities similar in scale to Santa Ana that have regional centers 75A -6 Zoning Ordinance Amendment No. 2013 -02 February 24, 2014 Page 5 and attractions, and stakeholders continued to provide input on latest trends and technologies available for large -scale or unique sign proposals. Staff has continued to remain in contact with interested parties, visiting with representatives of centers that could be affected by the proposed code changes, as well as individuals representing large -scale sign contractors and digital technology available for electronic message displays. The proposed revisions incorporating this feedback were presented to the Planning Commission as a work study session item on February 10, 2014. The proposed amendments are citywide and the project site is thus not located within the boundaries of one single Neighborhood Association. However, a notice was published in the Orange County Reporter. At the time of this printing, no correspondence, by phone, written, or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15061(b)(3) of the CEQA Guidelines. This exemption is allowed when the activity, in this case the recommendation of adoption of the ordinance, follows the general rule that CEQA only applies to projects which have the potential for causing a significant effect on the environment. The proposed definitions and establishment of sign programs for regional commercial centers and attractions will not have a significant effect on the environment. A Notice of Exemption (Environmental Review No. 2013 -63) will be filed for this project. Conclusion The proposed action would amend the Santa Ana Municipal Code to allow regional commercial centers and attractions to apply for planned sign programs to be reviewed by the Planning Commission. In doing so, the amendments would establish minimum criteria and findings of fact that allow flexibility in proposed signage for prominent, destination venues. Based on the background analysis provided within this report, staff recommends that the Planning Commission recommend that the City Council approve Zoning Ordinance Amendment No. 2013 -02. �K Ali Pezeshkp ur Assistant Planner I AP:jm afteports\staff reports for pcNZOA 201802 Sign Programs.022414.pc 75A -7 75A -8 (ROH 04/08/14) ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO ALLOW REGIONAL PLANNED SIGN PROGRAMS. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Santa Ana Municipal Code does not currently contain standards for sign programs for regional commercial centers and attractions citywide. Such sign programs are necessary to ensure that signage proposals for regional centers and attractions can be reviewed in a comprehensive, thorough manner to ensure compatibility with the site and surrounding land uses. B. Regional commercial centers and regional attractions with freeway orientation have site configurations and visibility that make them suitable for comprehensive planned sign programs with provisions that address their unique locations along highly - visible freeway corridors. C. Zoning Ordinance Amendment No. 2013 -02 is to amend Chapter 41, Article XI, Divisions 2 and 3 (Sign Standards and Regulations, Planned Sign Programs), creating a new Section 41 -885, allowing certain commercial centers and attractions to apply for regional planned sign programs and allow unique signage as they relate to height, size, quantity, or scale. The Zoning Code amendment will require the regional planned sign programs to be reviewed by the Planning Commission. D. Zoning Ordinance Amendment No. 2013 -02 supports the General Plan policies of encouraging development of projects which promote the City's image as a regional activity center, of encouraging development and promotion of major centers adjacent to major arterial roadways, transit and freeway corridors, and of protecting the health and safety of residents, employees, and visitors of Santa Ana. E. On February 24, 2014, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt Zoning Ordinance Amendment No. 2013 -02 to create Section 41 -885 of the Santa Ana Municipal Code to create standards of approval for regional planned sign programs, citywide. 1 75A -9 F. Zoning Ordinance Amendment No. 2013 -02 came before the City Council of the City of Santa Ana for a duly noticed public hearing on March 18, 2014, to consider all testimony, written and oral. At that time, the City Council voted to continue the matter. The item returned to the City Council on April 15, 2014. G. The City Council adopts as findings all facts presented in the Request for Council Action dated March 18, 2014 and the Request for Council Action dated April 15, 2014 accompanying this matter. For these reasons, and each of them, Zoning Ordinance Amendment No. 2013 -02 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. H. The Request for Council Action for this ordinance dated March 18, 2014, as well as the Request for Council Action dated April 15, 2014, shall by this reference be incorporated herein, and together with this ordinance, any amendments or supplements and the oral testimony before the City Council at this meeting, shall additionally constitute the necessary findings for this ordinance. I. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of Section 418 of the City Charter. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Pursuant to the California Environmental Quality Act ( "CEQA ") and the State CEQA Guidelines, the adoption of this ordinance is exempt from CEQA review pursuant to 14 California Code of Regulations section 15061(b)(3), and a Notice of Exemption will be filed upon adoption of this ordinance. Section 3. Section 41 -860 of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41 -860. General regulations. a) No sign is permitted that: 1. Is dangerous or confusing to motorists on the public right -of -way, including any sign which by its color, wording, design, location or illumination resembles or conflicts with any official traffic - control device or which impedes the safe and efficient flow of traffic. 2 75A -10 2. Is in a condition which presents a danger of injury to the public. 3. Incorporates mechanical movement or in any way gives the illusion of motion, moving parts, rotation or any flashing, moving or intermittent lighting, other than a sign providing a time - and - temperature or similar public service display, except as approved by a Regional Planned Sign Program pursuant to section 41 -885 of this chapter. 4. Is on a vehicle, except as excluded from the scope of this article by section 41 -851 5. Impedes free ingress and egress from any door, window or exitway required by building or fire regulations. 6. Emits sound, smoke, visible particles or odors, except that speakers on drive - through facilities shall be permitted. 7. Is attached to or maintained upon any public utility pole or structure, or tree. b) No person, except a public officer or employee in the performance of a public duty or a private person in giving a legal notice, shall paste, post, paint, nail or tack or otherwise fasten any card, banner, handbill, sign, poster, advertisement or notice of any kind upon any property without the written consent of the owner, holder, lessee, agent or trustee thereof. c) All signs, other than temporary signs, and their supporting structures shall: 1. Be constructed of metal, wood, plastic, foam, paint and /or comparable weather - resistant material. 2. Be kept in good repair and maintained in safe, neat, clean and attractive condition. 3. Be so enclosed as to provide against their infestation by birds and vermin, and shall be structurally safe. d) Logos or identification symbols shall be considered signs and shall conform to all provisions of this article. Section 4. Section 41 -861 of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41 -861. Additional regulations. No sign is permitted that: 3 75A -11 Is an A- frame, sandwich board or other portable, temporary advertising display. 2. Is temporary or special event flags, banners, festoons, flag canopies or other displays, except as permitted by a special event sign permit. 3. Is a sculptured, molded or otherwise fabricated representational object used for the purpose of visually conveying business identification or product advertising, except as approved by a planned sign program. 4. Is an aerial or balloon type of sign, except as approved by a Regional Planned Sign Program pursuant to section 41 -885 of this chapter. Conflicts with standards established by resolution of the city council pertaining to the colors and materials of signs adopted for the purpose of promoting signage which is visually attractive and harmonious with its surroundings. Duplicates or repeats copy on the same sign. Is a graphic of paint or other material on a building for the purpose of amplifying or directing attention to a sign, unless approved by the planning director. Section 5. Section 41 -885 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 41 -885. Regional Planned Sian Program. a) Definitions: 1. Regional Commercial Center — A large commercial complex containing a variety of stores, restaurants and other businesses housed in a series of connected and /or adjacent buildings within an integrated campus that shares common areas and parking facilities, and which fronts onto one or more freeways. Said center must be located on a site of no less than fifteen 05) acres. 2. Reaional Automobile Dealership — an automobile dealership licensed by the State of California that sells new or used automobiles or other motor vehicles in coniunction with new automobiles to the general public on an integrated site which fronts onto one or more freeways or is on a site which is located within three hundred (300) feet of the point where a freeway exit centerline intersects with a city street. 75A -12 3. Regional Attraction — A large cultural or educational establishment such as a museum or zoo, or other establishment that blends education, entertainment, and /or amusement, and which fronts onto one or more freeways. Said attraction must be located on a site of no less than five (5) acres. D) Eligibility for a Regional Planned Sign Program: 1. The sign program is proposed for a site that is a regional commercial center, regional automobile dealership, or regional attraction. 2. The site does not abut property zoned or used for residential uses. c) Signage and other on- premise advertising must meet the provisions of the sign code meant to protect the health, safety, and welfare of residents and workers in the immediate vicinity; signage shall be limited to only advertising on -site business activities. All signage must comply with the provisions of Sections 41 -860 and 41 -861 of this Chapter except as noted within those sections pursuant to approval of a Reaional Planned Sian Program described in this section d) The provisions of this section shall be applied in conjunction with chapter 41 article XI, "On- Premise Signs" of this Code, provided however, in the event of a conflict between the provisions within this section and the remainder of the City of Santa Ana Sign Ordinance as outlined in chapter 41, article A. "On- Premise Sians." the provisions of this section shall prevail e) Electronic message displays may be permitted in Regional Planned Sign Programs subject to the following conditions: 1. The display(s) shall comply with the following requirements: A. Be oriented in a way that: i. Minimizes visual and light- emitting intrusion onto properties zoned or used for residential purposes; and, ii. Maximizes visibility from adjacent or nearby freewav corridors. B. Produce a maximum 0.3 foot - candles over ambient light levels. C. Include a means of ensuring additional flexibility in reducing light levels upon request by the City. D. Provide a means of limiting excessive light or glare. 75A -13 E. Have automatic diming capabilities. 2. The sign copy shall comply with the following requirements: A. Where screen transitions are used, such transitions shall not give the appearance of moving text or images, and should use smooth effects, such as fades, rather than abrupt transitions. The sign copy shall not use flashing, intermittent or moving lights or produce the optical illusion of movement. B. Each sign copy shall be displayed for a minimum of eight (8) seconds. 3. No electronic message display shall be located on a around sign within fifty (50) feet of a traffic signal or sign, or placed in a location that would not maintain safe conditions for motorists, pedestrians, or cyclists as determined by the Public Works Agency. 4. The property owner shall comply with Santa Ana Municipal Code section 41- 638.2, establishing standards for graffiti abatement. 5. The property owner shall provide the City and the public a designated phone number and email address for emergencies or complaints that will be accessible 24 hours a day, seven days per week. 6. In addition to their on- premise advertising and identification purposes, the signs must make available a minimum amount of display time to be used for public service announcements or warning signs as requested and provided by the City of Santa Ana. Such minimum time will be established as a condition of approval for the Regional Planned Sign Program. 7. The sign shall comply with any and all federal, state and local laws, regulations and permitting requirements. f) A Regional Planned Sign Program may be submitted by an applicant representing or owning the project site or may be required for a development project when the Planning Director or his or her designee determines that such a sign program is necessary because of special project characteristics. g) Applications for Regional Planned Sign Programs shall be accompanied by photo simulations of all proposed signage showing daytime and nighttime conditions in addition to standard forms, exhibits, and other materials requested by staff as required for a complete submittal. 75A -14 b) Every application under this chapter for a Regional Planned Sign Program or appeal to the city council shall be accompanied by a filing fee. No application shall be accepted for filing without the required fee, except that all governmental agencies are exempted from the fee requirement. The city council shall from time to time by resolution adopt a schedule of fees to be charged, a copy of which shall be maintained in the office of the planning department. 1 An application to permit a Regional Planned Sign Program must be approved by the Planning Commission and be reviewed subject to compliance with the following sections of the Santa Ana Municipal Code: 1. 41 -633, requiring forms, descriptions, notification of surrounding Property owners, and signature(s) from recorded property owner(s), as applicable; 2. 41 -635 through 41 -637, scheduling for public hearing, providing notice of hearing, and continuances; 3. 41 -642, reviewing the decision of the Planning Commission by the City Council; 4. 41 -645 and 41 -646, processing appeals; 5. 41 -647 and 41- 647.5, utilizing such permits and violations of such permits; 6. 41 -649, modifying such permits; and 7. 41 -651, revoking of such permits. 1� In granting or denying a Regional Planned Sign Program, the Planning Commission shall make the following findings of fact and may impose conditions, restrictions or limitations as the Commission may determine to be necessary to meet the general purpose and intent of this chapter and to ensure that the public health, safety and welfare are beina maintained. Findinas shall be made and conditions may be imposed to confirm that 1. The scale and intensity of the proposed signage is consistent and harmonious with surrounding land uses and does not create conditions that could contribute to visual or physical blight, intrusion, or similar incompatibilities. 2. The location of the proposed signage will not contribute towards a hazardous environment for pedestrians, cyclists, or motorists on Citv streets or freeways. 75A -15 3. The proposed signage is compatible with the scale, intensity, and site development characteristics on which it is proposed. Scale, intensity, and site development characteristics may be determined by: A. Height of existing or proposed buildings on -site; B. Quantity of freestanding buildings, facades, and street frontages; C. Scale of buildings as they relate to pedestrian and vehicular access, surrounding land uses, and transportation corridors: D. Visibility from streets, highways, pedestrian areas, rail corridors, bikeways, other transportation routes, parks, and other public spaces; E. Architecture, color(s), material(s), illumination, and other site characteristics; and nature of business activities conducted on- site: and, F. Visibility from any property used or zoned for residential purposes. k) Appeals from decisions of the Planning Commission, extensions, time limits, and modifications to such Regional Planned Sign Programs must be conducted in a manner in accordance with Chapter 41, Article V, Division 1 of the Santa Ana Municipal Code. Section 6. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of 2014 Miguel A. Pulido Mayor 75A -16 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Ryan O. Hodge, Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 9 75A -17 75A -18