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Home My WebLink About31B - VARIANCE - 2445 S BRISTOL STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2011 TITLE: VARIANCE NO. 2011-05 TO ALLOW THREE SECONDARY WALL SIGNS AT EL SUPER LOCATED AT 2445 SOUTH BRISTOL STREET - BODEGA LATINA CORPORATION, APPLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1s` Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Variance No. 2011-05 as conditioned. PLANNING COMMISSION ACTION On May 23, 2011, the Planning Commission adopted a resolution approving Variance No. 2011- 05 as conditioned by a vote of 7:0 to allow three secondary wall signs on the primary elevation at El Super at 2445 South Bristol Street located in the General Commercial (C2) 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. J . Trevino Executive Director Planning & Building Agency VC:rb vc\reports\VA11-05 ElSuperWallSigns.cc Exhibit: A. Planning Commission Staff Report 31 B-1 31 B-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MAY 23, 2011 TITLE: PUBLIC HEARING - VARIANCE NO. 2011-05 FILED BY BODEGA LATINA CORPORATION TO ALLOW THREE SECONDARY WALL SIGNS AT EL SUPER LOCATED AT 2445 SOUTH BRISTOL STREET Prepared by Verny Carvajal e---? Exe utive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ? As Recommended ? As Amended ? Set Public Hearing For DENIED ? Applicant's Request ? Staff Recommendation CONTINUED TO " oy-6"&? Planning Man ger Adopt a resolution approving Variance No. 2011-05 as conditioned. Request of Applicant Robin Bell, representing Bodega Latina Corporation, dba El Super, is requesting approval of a variance from the Santa Ana Municipal Code (SAMC) in order to allow secondary signs on the primary elevation of an El Super retail store building at 2445 South Bristol Street. Specifically, the applicant is requesting a variance from Section 41-863 of the SAMC to allow three additional secondary wall signs to describe goods and services for an existing supermarket. Project Location and Site Description El Super is located within a larger integrated shopping center located at the southeast comer of Bristol Street and Warner Avenue. The subject property is a 4.68 acre parcel and contains a freestanding building totaling 45,700 square feet of retail space. The building is served by a 193- stall parking lot located in front and to the rear of the building. At approximately 39,000 square feet, El Super is the primary tenant on the site. The building sits back approximately 220 feet from Bristol Street and is situated about mid block between Warner and Central Avenues (Exhibits 1, 2 and 3). Proiect Description Bodega Latina Corporation, dba El Super, started operations in Southern California in 1997. The company is part of Grupo Chedraui, one of the largest retail chains in Mexico. Headquartered in Southern California, El Super is a food retailer focused on providing high quality groceries in a clean and modern environment. El Super currently operates two full service supermarkets in Santa Ana including one other location at 3700 West McFadden Avenue. The store that is the subject of this application is located at 2445 South Bristol Street and is proposing to install additional wall signs. 1 31 B-3 Variance No. 2011-05 May 23, 2011 Page 2 The proposed signs would be located at the primary (west) elevation of the building and include one 18-square foot "Panaderia" (bakery) sign, one 19.5-square foot "Caniceria" (butcher) sign, and one 20.38-square foot "Tortilleria" (tortillas) sign. The site also includes two wall signs facing the north and south side of the building at a 45 degree angle to the street and a freestanding sign that would be retained as part of this project. Project Backaround El Super recently re4enanted the building previously occupied by Circuit City. Though not part of this application, the applicant applied for and obtained Conditional Use Permit No. 2011-04 to allow the off-premise sale of beer, wine and distilled spirits as part of its retail operation. In addition, various site improvements including a new fagade, parking lot resurfacing and pedestrian walkway were approved and recently completed. General Plan and Zonina Consistency The General Plan land use designation for the site is General Commercial (GC), which supports important neighborhood facilities and services such as this shopping center. General Commercial districts are key components and provide highly visible and accessible commercial development along the City's arterial transportation corridors such as South Bristol Street. The project site is consistent with this General Plan land use designation. The site is surrounded by commercial uses to the north, west and south; and multi-family residential and a convalescent care hospital to the east. The zoning for the site is General Commercial (C2). The C2 zoning district allows for retail and services uses such as supermarkets, making the proposed use consistent with the zoning code. Project Analysis Variance requests are governed by Section 41-638 of the SAMC. Variance requests may be granted when it can be shown that the following can be established: • 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. • That the granting of the variance will not adversely affect the General Plan. 31 B-4 Variance No. 2011-05 May 23, 2011 Page 3 If these findings can be made, then it is appropriate to grant the variance. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which in turn forms the basis for the recommendation contained in this report. El Super has two existing wall-mounted signs over the main entry which are located on a building wall and positioned at 45 degree angles from the building elevation, causing them to function as dedicated secondary wall signs on the north and south building elevation. The unique architectural feature of the building creates a unique circumstance. As previously discussed, the applicant is proposing to install three additional secondary wall signs that would say "Panadeda," "Camiceria" and "Tortilleria" (Exhibits 4 and 5). Section 41-863 of the Santa Ana Municipal Code allows one wall sign per tenant space per elevation and is intended to minimize visual clutter and blight on buildings located on commercial corridors. In this case there are already two existing wall signs placed on the primary elevation, although the signs are technically facing to the north and south. These signs were permitted and are in compliance with the current sign code. The proposed "Panaderia," "Camiceria" and "Tortilleria" signs are not permitted by code since retail wall signage is limited to one wall per building elevation. The applicant contends that due to the addition of a new and unique component to the existing El Super use, the additional signage is justified in order to identify this activity and remain competitive in the local marketplace. In addition, the nature of the business is not clearly stated in their name and the applicant wishes to maintain a corporate conformity with other grocery locations within the City. In analyzing the variance request staff considered the criteria listed above. The El Super building itself has a primary, street-facing elevation of approximately 180 linear feet. Were this to be divided into individual tenant spaces, this elevation would be permitted to have substantially more than three signs depending on the number of tenants. This large building elevation can support the addition of three secondary signs without creating sign clutter. The addition of the three signs is not substantial enough to create a detriment, nor does the request adversely affect the General Plan. Based on this rationale and on previous Planning Commission determinations of similar requests by supermarket uses in the City, staff recommends that this variance request be approved. Public Notification The project site is located on the borders of the following Neighborhood Associations: Sunwood Central, Rose Baker and Thornton Park. Each of the presidents of these Neighborhood Associations was notified by mail 10 days prior to this public hearing. In addition, each representative was contacted to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by any of the Neighborhood Association presidents, nor was there a request that the applicant present the project to a meeting of their members. 31 B-5 Variance No. 2011-05 May 23, 2011 Page 4 The project site itself was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either 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 for further review per Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant effect on the environment. Categorical Exemption Environmental Review No. 2010-148 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Variance No. 2011-05 as conditioned. Vemy Carvajal Senior Planner Vincent Fr oso, P Principal Pla r VC:jm VdrepoAS\VA11-05 ElSuperWallftns.pc Attachments: Exhibit 1 - General Vicinity Map Exhibit 2 - Land Use Map Exhibit 3 - Existing Site Plan Exhibit 4 - Primary Building Elevation Exhibit 5 - Secondary Wall Specifications 31 B-6 CIO WARNER AVE. 235-10?+` , ,vUUI000UU R4 1 - R1 / R1 C2 C2 i Rt R1 R1 R1 rRl R1 Rt n 11] .1 Rt R1 R1 RA"V RD C4 R2-P A I ? ? 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VARIANCE 2011-5 2445 SOUTH BRISTOL STREET n EL SUPER 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 LAND USE MAP EXHIBIT 2 C O M M E R C I A L C O M M E R C I A L C O M M E R C I A L C 0 14 M E R C I A L anvil 'd R e 31 B-8 '°° 'col `?le!?1' PW ??!?' o?w/vv :n•v ' _ ? .rr r?o. er.eoo? 4•r 1N3W3AOtldWI1NrN31 no owrru.am tl3d0>t 73 nn an.•v r•a• j Ji fill!] 91 1 y{{si ty? i? S ;? l3 t?3 ?? sd JIM 3,??1 l i t t R t t 1g--*Us -IoLus1d9 EXH1B1T 3 31 B-9 ?s..l ? -o ?? a n u ? ? i ? lp; 1 3 - ? ? c A W ° - ?? ? k F ' r F u A 1 Y' a'} ,? w m?e I a ? O 9E E 9 B c? a IZQ 1 t :??C ?' :a 1 1 la ? 3 a H 2 O o b a k yJ` ? kLl 115 3 x s W 0 6 an N z i i :b i `bi 0 A? } v 0 li. ? o z ' EXHIBIT 4 31 B-10 C n ° oYgY? ?" F? ; a LL ? o _ tS u =i JI p z Z" _ a pp Y m -02 E Z S 8 - jiy ?? ?? M O o ?S N C p ` 9 ?4 E? NI ?? oC i, E - a V g F ?. t? P1?a?° 0 C c$ O T71 7? 7)7; e ?sesgg = o N r? GUIP ` fV a F- ? w {./1 N M Ln L1? ?- o w w .- o? Z w r C3 CD C> p O W U.J ¢ 4 Z w Eke a ?' C.D z Z W z cy co v? Q C3r c? v, CF in rr CC UJ J M JJ5 F ? r , o ?r i'd ?b 3 ?oSBS Z J?o a ? W ? -gad°?d¢g z zr ~z F?pp?????3 o°LLC b LL b ' 6 o zroo z ? C ? C v. `?- ?z F W r W CL ....... .9l w9t ? ? „g? ? 31 -11 EXHIBIT 5 31 B-12 ROH - 05/23/11 RESOLUTION NO. 2011-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2011-05 AS CONDITIONED TO ALLOW THREE SECONDARY WALL SIGNS AT EL SUPER ON THE PROPERTY LOCATED AT 2445 SOUTH BRISTOL 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 2011-05, to allow three secondary wall signs at El Super located at 2445 South Bristol Street. B. Variance No. 2011-05 came before the Planning Commission on May 23, 2011, for a duly noticed public hearing. C. Section 41-863 of the Santa Ana Municipal Code allows one wall sign per tenant space per elevation and is intended to minimize visual clutter and blight on buildings located on commercial corridors. D. The Planning Commission determines that for Variance No. 2011-05, 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 otherwise at variance with the intent and purpose of the provisions of this chapter. El Super has two existing wall-mounted signs over the main entry which are located on a building wall and positioned at 45 degree angles from the building elevation, causing them to function as dedicated secondary wall signs on the north and south building elevations. The unique architectural feature of the building creates a unique circumstance applicable to the property. In addition, the building itself has a primary, street-facing elevation of approximately 180 linear feet. Were this to be divided into individual tenant spaces, Resolution No. 2011-09 31 B-13 Page 1 of 4 this elevation would be permitted to have substantially more than three signs. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The installation of additional signage will allow El Super the ability to identify goods and services available within the store. The variance will also allow El Super the ability to utilize the property in a manner that is consistent with similar sized uses. The additional signs are 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 three secondary signs will not be detrimental to the surrounding area, as a condition of approval has been added that will limit the amount of secondary signage allowed on the site. This will assist in minimizing the visual clutter found on structures with multiple wall signs. The height, size and appearance of the signs will blend with established shopping center and will not be materially detrimental to the public welfare or injurious to surrounding property. 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. E. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant effect on the environment. Categorical Exemption Environmental Review No. 2010-148 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Variance No. 2011-05 as conditioned in Exhibit A attached hereto and incorporated herein as though fully set forth. 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, all of which are incorporated herein by this reference. Resolution No. 2011-09 31 B-14 Page 2 of 4 ADOPTED this 23rd day of May, 2011, by the following vote: AYES: Commissioners Acosta, Alderete, Yrarrazaval (7) None (0) None (0) None (0) Gartner, Nalle, Mill, Turner, NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Eric Alderete Chairman APPROVED AS TO FORM: Joseph Straka, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2011-09 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 23, 2011 Date: Clerk of the Planning Commission City of Santa Ana 31 B-15 Resolution No. 2011-09 Page 3of4 Conditions for Approval for Variance No. 2011-05 Variance No. 2011-05 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, 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 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. 2010- 52. 2. The project shall comply with all conditions of approval as part of previous entitlements including Conditional Use Permit No. 2011-04. 3. The maximum number of secondary wall signs shall be limited to three in addition to the two existing tower-mounted wall signs and a one-word description of additional goods and services located within the establishment. 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. Exhibit "A" 31 B-16