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Home My WebLink About31A - VARIANCE 2017-01REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 19, 2017 TITLE: RECEIVE AND FILE STAFF REPORT APPROVING VARIANCE NO. 2017-01 TO ALLOW TWO ADDITIONAL WALL SIGNS ON THE PRIMARY ELEVATION FOR SMART & FINAL EXTRA LOCATED AT 1523 WEST SEVENTEENTH STREET - NEIL MCNAUGHT, APPLICANT (STRATEGIC PLAN NO. 3,2) cX ITY 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. 2017-01 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on August 28, 2017, the Planning Commission adopted a resolution approving Variance No. 2017-01 as conditioned to allow two additional wall signs on the primary elevation for Smart & Final Extra at 1523 West Seventeenth Street located in the General Commercial (C-2) zoning district. The Planning Commission deleted Condition No. 3 in accordance with staffs revised recommendation to eliminate redundancy in reference to approved plans (Exhibit A). DISCUSSION Neil McNaught representing Smart and Final Extra is requesting approval of a variance from the Santa Ana Municipal Code (SAMC) Section 41-863 to install two secondary wall signs in addition to an existing wall sign on the primary (east) elevation of a large retail building. The secondary signs are proposed to be located to the right of the existing wall sign for the business. The proposed copy of the signs will read "Fresh Meat" and "Farm Fresh Produce". Full-sized plans are available for public viewing in the Clerk of the Council Office. 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). 31A-1 VA No. 2017-01 —Walls Signs for Smart & Final Extra at 1523 West Seventeenth Street September 19, 2017 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Candida Neal, AICP Acting Executive Director Planning & Building Agency JA: rb S:RFCA\09-17-171VA17-01 Smart & Final= Exhibit: A. Planning Commission Staff Report 31A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: AUGUST 28, 2017 TITLE: PUBLIC HEARING — VARIANCE NO. 2017-01 TO ALLOW TWO ADDITIONAL WALL SIGNS ON THE PRIMARY ELEVATION FOR SMART & FINAL EXTRA LOCATED AT 1523 WEST SEVENTEENTH STREET (STRATEGIC PLAN NO. 3,2) Prepared by Jill Arabe 14� C Executive Director PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amendec ❑ Set Public Hearing For DENIED Zoning Designation ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO RECOMMENDED ACTION Adopt a resolution approving Variance No. 2017-01 as conditioned. Executive Summary P�04 -- Planning ana Neil McNaught, representing Smart & Final Extra, is requesting approval of a variance from the Santa Ana Municipal Code (SAMC) Section 41-863 to allow two additional wall signs to be installed on the primary (east) elevation of a retail building located at 1523 West Seventeenth Street. Staff is recommending approval of the applicant's request due to the building's location and limited visibility, the nature of grocery store product advertising, and due to precedent set by similar requests of other large-scale grocers. Table 1: Project and Location Information Item Information Pro ect Address 1 1523 West Seventeenth Street Nearest Intersection Seventeenth Street and Bristol Street General Plan Designation General Commercial (GC) Zoning Designation General Commercial (C2) Surrounding Land Uses North School East Commercial South Santa Ana College West Commercial Pro erty Size Existing Site Development 2.66 acres The subject building is part of a large commercial center with multiple buildings. Use Permissions Retail is allowed by right SAMC 41-365 Zoning Code Sections Affected Signage I SAMC 41-863 EXHIBIT A 31A-3 Variance No. 2017-01 August 28, 2017 Page 2 Proiect Description The applicant is requesting to install two secondary wall signs in addition to an existing wall sign on the east elevation of a large retail building. The secondary signs are proposed to be located to the right of the existing wall sign for the business (Exhibit 4). The proposed copy of each sign will read "Fresh Meat" and "Farm Fresh Produce". The business currently has two business identification signs, facing east and south, located on the tower element of the building. Table 2: Sian Standards and Reaulations Standards Required by SAMC Provided Number of wall signs on building Maximum of 3 signs Total of four (4) proposed Area Shall not exceed 40% of signable area Complies; 25% proposed Length Shall not exceed 75% of horizontal dimensions Complies; 59% proposed Location Only 1 sign per elevation, and signs must be centered above the business entrance Three (3) dispersed signs on east elevation; One (1) sign on south elevation Letter Height Maximum 24 inches Complies; 18 inches proposed Design/Construction Must be individual channel letters Complies Proiect Backaround The subject site was developed as a retail market for Ralphs in 1958. Ralphs occupied the building until 2009, when Smart & Final Extra leased and re -occupied the space. Smart & Final has a history in Southern California as a wholesale grocer. In the mid -2000s, the company remarketed itself as a food retailer, offering farm fresh produce, a large selection of fresh meats, and convenient size products. Smart & Final operates a second Santa Ana location at 1308 West Edinger Avenue, which was granted approval of a similar sign variance (VA No. 2015-05). Project Analysis Variance requests are governed by Section 41-638 of the SAMC. Variance requests may be granted when it can be shown that there exists a special circumstance related to the property, such as size, shape, topography, location or surroundings; that the granting of the variance is necessary for the preservation and enjoyment of substantial property rights; that the granting of the variance will not be detrimental to the public or surrounding property; and that the granting of the variance will not adversely affect the General Plan. 31A-4 Variance No. 2017-01 August 28, 2017 Page 3 The subject building is within the Bristol Marketplace shopping center, located at the northwest corner of Bristol Street and 17"' Street. The building's location within the commercial shopping center limits visibility of the business from the arterial streets; it is set back more than 300 feet from 17th Street and more than 1,100 feet from Bristol Street. An existing freestanding commercial building currently occupied by Denny's further reduces visibility of the subject building from 17"' Street. The two additional wall signs are proposed near the entrance of the building to improve the tenant's ability to advertise its products and market its brand. Sufficient sign area is available on the fascia wall to install the proposed signs. Due to the business's limited visibility from the streets, approval of the variance would assist in attracting patronage to the business. Moreover, the nature of big -box retail markets, such as grocers, is to offer a wide range of services and products that attract and retain customers. Additional signage helps retailers to remain competitive and continually expand business opportunities. Through rebranding, Smart & Final Extra has expanded its goods and services. Approval of the variance for the two additional signs on the existing building will enhance the long-term viability of the business. Finally, staff has supported approval of sign variance requests for similar grocery stores or big -box retailers that contain ancillary businesses such as pharmacies, ATMs/banks, coffee shops, and additional types of signage to advertise wider range of products or services. The other Smart & Final Extra location in Santa Ana was granted a variance in 2015 for two secondary signs with the same sign copy of "Fresh Meat" and "Farm Fresh Produce". Target stores in Santa Ana also have approved variances for multiple signs on one elevation. The City has previously supported approval of variances for these types of sign requests and under similar circumstances. Approval of the variance would be consistent with prior approvals set by other projects. Table 3: CEQA Strategic Plan Alignment and Public Notification & Community Outreach CEQA, Strategic Plan Alignment, and Public Notification & Community Outreach CEQA CEQA Type General Rule Section 15061 b 3 Reason(s) This exemption applies to projects where it can be seen with certainty that there is Exempt or Analysis no possibility that the activity in question may have a significant effect on the environment. This is an existing retail establishment and no significant alterations are being proposed at this time. Strategic Plan Alignment Goal(s) and Approval of this item supports the City's efforts to meet Goal #3 (Economic Policy(s) Development) Objective #2 of creating new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies. 31A-5 Variance No. 2017-01 August 28, 2017 Page 4 CEOA, Strategic Plan Alignment, and Public Notification & Community Outreach Public Notification & Community Outreach Required Measures A public noticed was posted on the project site on August 18, 2017. Notification by mail was mailed to all property owners and occupants within 500 feet of the project site on August 18, 2017. Newspaper posting was published in the Orange County Reporter on August 18, 2017. The Washington Square, Artesia Pilar, West Floral Park, and Riverview Additional Measures Associations were contacted by phone 10 days prior to the scheduled public hearing. At the time this report was printed, no issues of concern were raised regarding this application. Conclusion Based on the analysis provided within in this report, staff recommends that the Planning Commission approve Variance No. 2017-01 as conditioned. Jill "a�AIICJP Senior Planner Exhibits: 1. Resolution 2. General Vicinity Map and Existing Land Use Map 3. Site Photo 4. Proposed Site Plan and Elevation 31A-6 LS 8.28.17 RESOLUTION NO. 2017-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2017-01 AS CONDITIONED TO ALLOW TWO ADDITIONAL WALL SIGNS AT THE SMART & FINAL EXTRA BUILDING ON THE PROPERTY LOCATED AT 1523 WEST 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. 2017-01 to allow two (2) additional wall signs for the Smart & Final Extra building located at 1523 West Seventeenth Street. B. Smart & Final Extra is located in a commercial center that contains numerous retail and eating establishments. The subject property is located within the General Commercial (C2) zoning district. C. Pursuant to Section 41-863 of the Santa Ana Municipal Code (SAMC), no more than one (1) wall sign shall be permitted for each primary elevation of a leasable tenant space. D. On August 28, 2017, the Planning Commission held a duly noticed public hearing on Variance No. 2017-01 which would allow two (2) additional wall signs for a total of three (3) wall signs on the primary (east) elevation of the existing commercial building located at 1523 West Seventeenth Street. E. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant this variance pursuant to Santa Ana Municipal Code Section 41-638, have been established for Variance No. 2017-01 to allow additional wall signs: 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. The project site has special circumstances, related to its location, surroundings, and design. The building's location within the commercial shopping center limits visibility of the EXHIBIT 1 Resolution No. 2017-27 Page 1 of 5 31A-7 business from adjacent streets. It is set back more than 300 feet and 1,100 feet from Seventeenth Street and Bristol Street, respectively. An existing free-standing commercial building in the shopping center further reduces visibility of the subject building from Seventeenth Street. Approval of the variance would assist in attracting patronage to the business and improve the ability to advertise products. 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. Additional signage would help remain competitive and continually expand business opportunities. Through rebranding, Smart & Final Extra has expanded its goods and services. Approval of the variance for the two (2) additional signs on the existing building will enhance the long-term viability of the business. 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 proposed signs are oriented east towards the parking lot and street. The illumination of proposed signs will be consistent with existing signs in the center. The nearest residential uses are located more than 450 feet away to the north. 4. That the granting of a variance will not adversely affect the General Plan of the City. Finally, 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 2.2 and 2.13 of Goal 2 (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 (Protect and enhance development sites and districts which are unique community assets that enhance the quality of life). In addition, approval of the variance is consistent with the intent and purpose of Goals 1 and 2 of the Urban Design Element (Improve the physical appearance of the City through development of districts that project a sense of place, positive community image, and quality environment; Improve the physical appearance of the City through development that is proportional and aesthetically related to its district setting). Resolution No. 2017-27 Page 2 of 5 31A-8 Section 2. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Section 3. 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 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No. 2017-01 as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 1523 W. Seventeenth Street. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated August 28, 2017, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 28th day of August, 2017 by the following vote: AYES: Commissioners: Alderete, Bacerra, Contreras -Leo, McLoughlin, Mendoza, Verino (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Nguyen (1) ABSTENTIONS: Commissioners: None (0) APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney Lynnette Verino Chairperson 31A-9 Resolution No. 2017-27 Page 3 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2017-27 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 28, 2017. Date: Acting Recording Secretary City of Santa Ana Resolution No. 2017-27 Page 4 of 5 31A-10 EXHIBIT A Conditions for Approval for Variance No. 2017-01 Variance No. 2017-01 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 belowrip or t0 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. 1. The project shall remain in compliance with Development Project Review DP No. 2017-17 and the staff report exhibits. 2. 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. Resolution No. 2017-27 Page 5 of 5 31A-1 1 7/24/2017 Variance No. 2017-01, Smart & Final Signs 1523 West Seventeenth StreetTW r •� r `_mss rr = �l-- r ��r FI P i Ilk ;. . t Santa Ana Boundary ❑ ;Zoning Z.M Desaiptlan ��inohm a. exr.. ■ :: all .i: 3p•Ila ■a Qalai ■i.t:�::a.f cox' ni m ■ clI �r ■ .ra ■ l 25D feet p — Vicinity Zoning and Aerial View 0 M14 Illnitrl Man PrndurM. 411 rinhta racnrvod. http://maps.digitalmapcentral.conVproduction/Dashboardl6/6l5lreleasli t,,/A�tll2,ndslprintfhtmiprinYPrintPreview.html 1/1 VA NO. 2017-01 SMART & FINAL EXTRA SIGN VARIANCE 1523 WEST SEVENTEENTH STREET EXHIBIT 3 SITE PHOTO 31A-13 %4. . P. T A F 0 T. (P) "Farm Fresh Produce" Sign 1 (P)"Fresh Meat" Sign VZ (E) Monument hIf- Sign s }3 If 'i `1 i. a `5 �'L �J�/•{T i7 ��-Ak -L wjp i` +M t � V48 �11&im A0 14W 0. (E) Monument II" (E) 2- "Smart & Final Sign extra!" wall signs - - - VA NO. 2017-01 SMART & FINAL EXTRA SIGN VARIANCE 1523 WEST SEVENTEENTH STREET EXHIBIT 4 PROPOSED SITE PLAN AND ELEVATION 31A-14