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Home My WebLink About31C - VARIANCE - 1351 E DYER RDREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 7, 2017 TITLE: VARIANCE NO. 2016 -09 TO ALLOW AN EXISTING FREESTANDING SIGN TO REMAIN AT A MOBIL SERVICE STATION AT 1351 EAST DYER ROAD - ULISES ARAUJO, APPLICANT (STRATEGIC PLAN NO. 3,2) CITY MIKAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 1;s _s ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 81 Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolutlon ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Variance No. 2016 -09 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on January 9, 2017, by a vote of 7:0, the Planning Commission adopted a resolution approving Variance No. 2016 -09 as conditioned to allow an existing 37 -foot freestanding sign to remain at a Mobil service station and exceed the allowed maximum height at 1351 East Dyer Road located in the Specific Development No. 12 (SD -12) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION Ulises Araujo, representing Dyer Grand Development LLC, is requesting approval of a variance to allow an existing 37 -foot freestanding sign to remain at 1351 East Dyer Road. Specifically the applicant is requesting a variance from Section 41- 862(b) through Section 41- 862(d) of the Santa Ana Municipal Code (SAMC). Staff is recommending approval of the variance to legalize the existing sign due to site proximity to the freeway exit and existing visibility of the freestanding sign from the freeway elevated grade. The subject site is approximately 31,461 square feet (0.72 acres) in size and was developed as a service station in 1968. The service station includes two canopy covers that provide shade to 12 pumps stations; an air /water machine is located to the north of the property. In November 2016, the applicant submitted plans to renovate the site and construct a small addition to the convenience store. The fagade and site improvements triggered the requirement of the SAMC Section 41- 681.2(1) that requires all on -site signage to meet current standards. The applicant requested that the existing freestanding sign remain, providing visibility to the site from the freeway. Full -sized plans are available for public viewing in the Clerk of the Council Office. 31 C -1 VA No. 2016 -09 — Mobil Sign at 1351 East Dyer Road February 7, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action. assan Haghq i, AICFv Executive Director Planning & Building Agency IO:rb to \Planning Commission \1351 E Dyer \1351 E Dyer Mobil Sign Variance. cc Exhibit: A. Planning Commission Staff Report 31 C -2 PLANNING COMMISSION MEETING DATE: JANUARY 9, 21717 TITLE: 3 • t M Prspare.t by Executive Director °- APPROVED U7 As Recommended Cl As Arwz.nded 0 Set Public Heannrg Far DENIED * Applicait s RedueM Swfr Recownimilda(k)" CONTINUED TO RECOMMENDED ACTION Adopt a resolution approving Variance No. 2.4716 -179 as conditioned. Executive SLImmar Plannn�T luia lager Ulises Araujo, representing Oyer Grand Development LLC, is requesting approval of a variance to allow an existing 37 -foot freestanding sign to remain at 1351 East Dyer Road. 'Specifically the applicant is requesting a variance from Section 41- 862(b) through Section 41- 862(d) of the Santa Ana Municipal Code (SANK). Staff Is recommending approval of the variance to legalize the existing sign due to site proximity to the freeway exit and existing visibility of the freestanding sign from the freeway elevated grade. Removing the sign and replacing with a new freestanding sign, constructed to meet current requirements of the SAMC will only allow visibility from the street and not from the freeway or off ramp. Table 1: Project and Location Information Project Address and Nearest Cross Streets General Plan and Zoning Designations Surrounding Land Uses Existing Site Development Use Permissions 1351 East Dyer Road (Dyer Road and Grand Avenue) General Plan Zoning .._. North East South West Service Station Permitted by right EXHIBIT A 31 C -3 General Commercial (GC) Specific Development No. 12 (SD -12) Commercial Costa Mesa Freeway (SR -55) Caltrans vacant p Commercial Variance No. 2016 -09 January 9, 2017 Page 2 Item information _.�=.,,.e. ..�....,.�m.._.. -.., -r Zoning triode Sections Affected Use 41^1 2(m) developinent 41 -862 (Sign Code) Staff Report Exhibits 1 (Vicinity Map), 2 (Land Use Map), 3 (Site Photo), 4 (Site Plana Prolect descriotion Dyer Grand Development. LLC is requesting approval of a variance to allow an existing 37 -foot freestanding sign to remain at a project site concurrently undergoing site improvements. The action of removing the pylon sign was triggered per Section 41- 681.2(l) of the SAMC. This section, the non - conforming buildings and uses section, requires that when rehabilitation occurs to a non - residential site of 15,000 square feet or more, all signage must be brought into compliance with the SANK sign requirements. The applicant has requested a variance from several sections of the sign to allow the freestanding sign to remain at Its current location, to allow its height to remain, and to not provide the site address on the base of the sign. The applicant has submitted plans to expand the existing convenience store and construct fapade and tenant improvements. The tenant improvements will be reviewed by staff at a ministerial' level and will most all City design requirements, The existing hours of operation are to remain; the convenience store is open to the public from 6 :00 a.m. to 11 :00 p.m. dally and from 11 :00 p.m. to 6:00 a.m. to sell fuel only, The convenience store offers the sale of alcoholic beverages for off- premise consumption but is limited to the hours of 6:00 a.m. to 11:00 prn, A total of nine parking spaces will be provided in addition to the six additional parking spaces that are counted from the pumps stations. Tables 2A and 2B below provides a detail comparison of the project's compliance with the applicable development standards. Table 2: Development Standards Freestanding Signs (Sec. 41 -662 of the SAMC) Standard Requited by SAMC Provided Signage None required I Freestanding and wall signs Must provide street frontage ; Complies; Project has frontage on der Rd. and Grand Ave.___ Four (4) feet in any direction Complies; Min 12 feet Street Frontage Landscape Planter Distance from side property line Twenty-five (25) feet A.- does not - Comply; 22 feet ------ 31 C -4 Variance No. 2016-09 January 9, 2017 Page 3 F W I 117VA. 9 x. .. E M J 6 1 F T JTq F M mmmM� I Height I Maximum 35 feet I Does not comply; 37 feet I centerline intersection with a Not to exceed 300 feet Sign Orientation Oriented towards Freeway m- ff — e� to business -n—a—m o e b f Sign content service station Project Background and Chronolog Does not comply; 385 feet Complies Complies The subject site is approximately 31,461 square feet (072 acres) In size and was developed as a service station in 1968. The service station includes two canopy covers that provide shade to 12 pumps stations; an airMater machine is located to the north of the property. In November 2016, the applicant submitted plans to renovate the site and construct a small addition to the convenience store. The fagade and site Improvements triggered the requirement of the SAMC Section 41-681.2(1) that requires all on-site signage to meet current standards. The applicant requested that the existing freestanding sign remain, providing visibility to the site from the freeway. 31 C-5 Freestanding Signs (Sec. 41-862 of the SAMC) Standard j j Required by $AMC P Provided Distance to additional freestanding sign O One hundred (100) feet C Complies; 145 feet Sign location in visibility L Located out of a fifteen (15) C Complies; 15 feet in both directions triangle at drive way b by fifteen (15) triangular area Address Identification L Located at base D Does not comply Distance to residential F Fifty (50) feet C Complies; 1,600 feet _ _J I x. .. E M J 6 1 F T JTq F M mmmM� I Height I Maximum 35 feet I Does not comply; 37 feet I centerline intersection with a Not to exceed 300 feet Sign Orientation Oriented towards Freeway m- ff — e� to business -n—a—m o e b f Sign content service station Project Background and Chronolog Does not comply; 385 feet Complies Complies The subject site is approximately 31,461 square feet (072 acres) In size and was developed as a service station in 1968. The service station includes two canopy covers that provide shade to 12 pumps stations; an airMater machine is located to the north of the property. In November 2016, the applicant submitted plans to renovate the site and construct a small addition to the convenience store. The fagade and site Improvements triggered the requirement of the SAMC Section 41-681.2(1) that requires all on-site signage to meet current standards. The applicant requested that the existing freestanding sign remain, providing visibility to the site from the freeway. 31 C-5 Variance No. 2018 -09 January 9, 2017 Page 4 F"rcafect Analvsls (Slgnage Variances) The applicant's request for a variance from the development standards of the SAi4t1C requires staff to create certain findings or facts for granting the variance. Of those findings, the site has special circumstances that would otherwise be limiting the full use of the property if the requirements of the code are applied. The request to allow the existing sign to remain is warranted by the fact that the grade of the service station is substantially lower than that of the freeway which provides most of the service station's clientele. Removing the sign and replacing it with a new smaller sign that meets current code requirements would limit the site's visibility from an elevated grade. Granting the variance also allows the property and business owner the ability to preserve substantial property rights since the development of the site has always been a service station, in compliance with all requirements of the aAMC. The variance to allow the existing sign to rernaln will not be detrimental to the public welfare or injurious to the surrounding properties since the service station is complimentary to the surrounding commercial uses in the urea. Additionally, the granting of the variance Is consistent with the General Plan vision of the City by promoting continued economic investment to private development. The applicant has requested a variance from several code requirements, • The first request refers to the distance of the sign to the side property line. Although the sign is 22 feet from the side property line, this property line abuts Grand Avenue and is directly adjacent to the 54reeway. The second request is a variance from the sign code requirement that all freestanding signs.. provide the address at the rase. Since the sign is constructed as a pylon, any content at the base will wrap around and will not be visible from the right -of -way. In addition, an address will be provided on the separate monument sigri located along the Dyer Road frontage. • Relief from the maximum 35 -foot height requirement for service station pole signs is the third variance. The site is slightly lower than the adjacent freeway. At 37 feet tall, the sign is easily visible from the adjacent freeway. • The final request is an Increase in the distance from a freeway exits. Although the freeway exit is 385 feet from the site. The sign's location, less than 200 feet east of the freeway and over 250 feet north of the southbound exit, allows drivers to see the sign and safely exit canto Dyer Road. Although the existing sign does not meet several code requirements, the sign will meet the majority of the requirements and the applicant has guaranteed that all additional signage on site will be compliant. The overall project provides an opportunity to update all on -site landscaping and parking, bring the site to closer compliance of the SAM C. These improvements will help to enhance the quality of life to the surrounding community„ setting precedent to other commercial properties in the area that are in need of repair. 31 C -6 Variance No, 2016-09 January 9, 2017 Page 5 CEqA, Strategic Plan Alignment, and Public Notification & Communq Outreach CEQA CEQA Type Class 1 (Section 15301) . . . .. ..... . ........... ...... ....... . .... Document Type Categorical Exemption (ER No. 2016-164) Reason(s) Exempt or Class 1 exemptions apply to existing facilities. The subject project is an existing Analysis service station undergoing tenant improvements. Strategic Plan Alignment Goal(s), Policy or 3, 2 {create now opportunities for business/job growth and encourage private Policies development through new General Plan and Zoning Ordinance policies) Public Notification Community Outreach Site posting December 28, 2016 Required Measures Notification by mail December 29, 2016 Newspaper posting December 30, 2015 None Neighborhoods Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Variance Nm 2016-09 as conditioned. Ivan Ur'6zGo' Assistant Planner 11 10:jm 10PIamilog Cc min E 6yw%1351 E Dye MobVSign Vaflarce.pz Attachments: Exhibit 1 —Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan 31 C-7 ml 141 Rt : Rl IM Sllfi9 y5+ L' rdi Ai fa7 '. R7 Itt Rt SCTU'At A iwY lei l Y Rl ml M1 h45 Rl In Pit Ml Po ml 82 a.a N � %�1x u1 nnun r 92 r Mt M1 it 50.5 .c a F1r )F Ct 4l Qt. ki' f l (py .. §t ml fol 52 !F /F P M11 i M1Ai SD.G;S fWrr3 �� f Mt f ! aer Nil 5 jfJ/ {1 / 11 P � 1� ry�idl.° hYl M1 Al CaEMLOCRr„LARI1 1 Fd -45.x] 9AN LaTHMEMWYMUUIM �V. Kn AUCIMMIFXW04 C;; IXA�4TMIfrilriTlUin v? 7ttif5'HNtlivM1k;Atkpdk WA MAtiST AI RAJ1 MMM Mi U0+TI'DiG RA, MUITR42C�.]1YM jolu C1 OCTAMUNIIYCCSAA15iA pig NE11Mvwb11HAL LilAIY :gEIMCE CIAT IXF+N0crA1C> vl2MU.A vWIWI PA(a WIWWfNCb'�*iHr�iGht? *Y+ 9.13t�VJAIAPoIpAU'`!'i5 C', 117hNEFOLWAMAL ❑ aA4&7AF A><; ITChlKV167 'W+1T; C3 MOPAL1318R4' P m"FMIMR 9] €S£77F7COkv£It7fAdLRtT CW1 ful RANm L1CY,1MPoLw1y ULLtiiIoN*ji ' 3MFICr M CA f9.ANd3151'^YIiVDCFfiiGi PM PiARRRIifi OWlA.CS?VCLS%7A13J P. AI.1:CMhAHi'i+'l m SMULRMIMUIDMAL VAR 2016-09 41, MOBIL SERVICE STATION SIGN VARIANCE j".r, 1351 BAST DYER ROAD P L A.. N_ -N..I N 'G A N D 6 u I 7. D I N G A G E 14 C Y EXHIBIT 1 31 C -8 VAR 2016-09 MOBIL SERVICE STATION SIGN VARIANCE �& 1351 EAST DYER ROAD �'y I F L A N N I N A N u 8 IJ I L 0 1 N G LAND USE MAP EXHIBIT 2 31 C-9 VAR 2016-09 MOBIL SERVICE STATION SIGN VARIANCE 1351 EAST DYER ROAD EXHIBIT 3 31 C -10 i� I . � EXHIBIT 31 0.11 LS 01.09.17 RESOLUTION NO. 2017 -03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2016 -09, AS CONDITIONED, TO ALLOW AN EXISTING FREESTANDING SIGN TO REMAIN AT THE MOBIL SERVICE STATION LOCATED AT 1351 EAST DYER ROAD 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.2016 -09 to allow an existing 37 -foot freestanding sign to remain at the property located at 1351 East Dyer Road. B. Pursuant to Section 41- 862(b) through Section 41- 862(d) of the Santa Ana Municipal Code (SAMC); no freestanding sign shall be located closer than twenty -five (25) feet from a side lot line, a freestanding must provide the site address at the base of the sign, and a freestanding sign for a service station may not exceed thirty -five (35) feet if it is located within three hundred (300) feet of the point where a freeway exit centerline intersects with a city street. C. Variance No. 2016 -09 came before the Planning Commission on January 9, 2017, for a duly noticed public hearing. Variance No. 2016 -09 would allow an existing 37 -foot freestanding sign to remain at its current location, exceeding the height requirement by two feet; to exceed the distance requirement from a freeway exit by 85 feet referenced in Sec. 41 -862 (c)(4) of the SAMC; and to reduce the side lot line setback by three feet. Variance No. 2016 -09 will also allow the sign to remain without providing the site address at the base of the sign as required by Sec. 41 -862 (d)(5), located at 1351 East Dyer Road. D. The Planning Commission determines that for Variance No. 2016 -09 the following findings, which must be established pursuant to Santa Ana Municipal Code (SAMC) Section 41 -638 in order to grant a variance from the provision of the Santa Ana Municipal Code, have been established: Resolution No. 2017 -03 Page 1 of 5 31 C -12 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 provision of this chapter. The project site has special circumstances related to its location, surroundings, and design. The site is located at the northwest intersection of Dyer Road and Grand Avenue. Removing the existing 37 -foot freestanding sign would eliminate all visibility of the site from potential patrons travelling along California State Route 55 (SR -55). The existing grade of the site is substantially lower than that of SR -55. Approval of the variance would create opportunities on the project site to advertise the services provided by the tenant while revitalizing the site through tenant improvements that are part of the submittal. 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 is necessary for the preservation and enjoyment of substantial property rights. The ability to maintain the existing 37 -foot freestanding sign will help preserve substantial property rights since the site has always operated as a service station. Requiring the applicant to replace the sign with one that restricts the height to seven (7) feet, furthermore denying all visibility from SR- 55, will impact the preservation of full property rights as they have existed since 1968. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be detrimental to the public or surrounding properties. The sign is intended to be visible from the heavily travelled SR -55. The sign will not incorporate any flashing or moving elements that may distract motorists or passersby. Additionally, the structure of the sign is to remain, as conditioned, similar to that of the non - conforming code. Moreover, the site is located in an exclusively commercial and industrial area with no residential communities located in the immediate vicinity. Resolution No. 2017 -03 Page 2 of 5 31 C -13 4. That the granting of a variance will not adversely affect the General Plan of the City. The project will not adversely affect the General Plan as the proposed signage is consistent with several goals of the General Plan. Approval of the variance supports Policies 2.7 and 2.8 of Goal 2 (to promote land uses which enhance the City's economic and fiscal viability) and Policies 4.3, 4.4, and 4.5 of Goal 4 of the Land Use Element (to protect and enhance development sites that are unique community assets). In addition, approval of the variance is consistent with the intent and purpose of Goals 1 and 2 of the Urban Design Element (to improve the physical appearance of the City through creating a sense of place, positive community image, and quality environment, and to improve the physical appearance of the City through development that is proportional and aesthetically related to its district setting). Furthermore, approval of the variance supports Objective 2.3 of Goal 2 of the Scenic Corridor Element (to use scenic corridors to provide identity, form, and an orientation framework for the City). E. In accordance with the California Environmental Quality Act, the recommended action is exempt for further review per Section 15301. This Class 1 exemption allows the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The sign in question currently exists and will not be structurally altered. In addition, the structure is already served by municipal services, such as roadways, utilities, and parking. Categorical Exemption Environmental Review No. 2016 -164 will be filed for this project. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No. 2016 -09 for 1351 East Dyer Road as conditioned in Exhibit A attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Staff reports and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2017 -03 Page 3 of 5 31C-14 ADOPTED this 9" day of January, 2017. AYES: Commissioners: Alderete, Bacerra, Contreras -Leo, McLoughlin, Mendoza, Nguyen, Verino (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Lynette Verino Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Rosa Barela, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2017 -03 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 9, 2017. Date: Acting Recording Secretary City of Santa Ana 31 C -15 Resolution No. 2017 -03 Page 4 of 5 0a:u X11 Conditions of Approval for Variance No. 2016 -09 Variance No. 2016 -09 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 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 Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the variance must be amended. 2. The existing sign shall not be structurally altered or relocated from the existing location as indicated on the plan per the attached exhibit. 3. Applicant will be responsible for regular maintenance of the freestanding sign. Along with regular maintenance, the sign will be painted to match the building color scheme to reflect consistency in the overall site improvements. 4. Prior to building permit issuance of the proposed tenant improvements, the applicant will submit a formal landscape plan for staff review, including shrubs at the base of the sign. Resolution No. 2017 -03 Page 5 of 5 31 C -16