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Home My WebLink About01/17/1995, 3 - APPEAL OF AN ACTION TAKEN BY THE ARC TO DENY A REQUEST FOR A SIGN AREA OF 32 SQUARE FEET AT 2115 AND 2121 BROAD STREET FOR THE JEWEL OF INDIA AND CHILIE PEPPERS RESTAURANTS, WHICH ARE LOCATED IN A COMMERCIAL-NEIGHBORHOOD ZONE WHERE 24 SQUAIII I ^IMI�II�I�� A�IppII II�I�I � MEETING !ATE: 5 II III Cl of San JI5 DBISpQ lij% COUNCIL AGENDA REPORT'" NUMBER From: Arnold Jonas, Community Development Director " Prepared by: Whitney McIlvainev' s- sociate Planner Subject: Appeal of an action taken by the ARC to deny a request for a sign area of 32 square feet at 2115 and 2121 Broad Street for the Jewel of India and Chilie Peppers restaurants, which are located in a Commercial- Neighborhood zone where 24 square feet is the maximum sign area allowed for monument signs. (ARC 156 -94) CAO RECOMMENDATION Deny the appeal and uphold the action of the Architectural Review Commission. DISCUSSION Data Summary Appellant: K.L. Gupta, Jewel of India Restaurant Representative/Project Designer: Bill Hunter, JCI Sign Co. Zoning: C -N (Commercial Neighborhood) Environmental Status: Exempt (CEQA Section 15301) Situation Individual signs which exceed size or height limitations are subject to review by the ARC. The proposed monument sign exceeds both size and height limitations, being 32 square feet in area where 24 square feet is the maximum size allowed, and 6 feet tall where 4 feet is the maximum height allowed. Sign regulations allow for granting exceptions to standards where unusual or exceptional site conditions exist. On December 5, 1994, the ARC approved an exception to the sign regulations to allow a 6 -foot tall monument sign where 4 feet is the maximum height allowed. The exception was granted for the purpose of allowing the applicant to have a 2 -foot base under the sign so that landscaping could be installed without screening the sign. The commission also acted to deny the request for an exception to the maximum sign area. Most commissioners felt the 24- square -foot area allowed for a monument sign would be sufficient to accommodate advertising for both restaurants, together with other signs allowed by the sign regulations. The restaurant owners are proposing to reuse components of a defunct pole sign, now located in the southeast comer of the property along Broad Street, in the construction of the proposed monument sign. The request for a larger sign area than normally allowed is prompted, in part, by the existing cabinet's 4' X 8' dimensions. 3- I �oin� ►�►��IIIII�II�I��il city of San tUis OBISp0 COUNCIL AGENDA REPORT ARC 156 -94, appeal Page 2 Commissioners did not find the existing cabinet dimensions a compelling reason for granting an exception to sign area limitations, since the sign maker had also submitted an alternative sign proposal showing the cabinet reduced to a 4' X 6' size. Please refer to the final attachment to this report, but also note that the overall height of 8 feet as shown is not recommended by staff or the ARC. Drawings submitted with the application, and attached to this report, show an interior illuminated, 4' X 8' metal cabinet with translucent acrylic faces, backsprayed with the name and logo of each restaurant. Allowed Signs In the C -N zone, total sign area for each tenant may not exceed 100 square feet. One freestanding (pole) sign is allowed at each premises,' not to exceed 12 feet in height or 24 square feet in area. One monument sign may be allowed in place of the freestanding sign, providing it does not exceed 4 feet in height or 24 square feet in area. Each tenant is allowed one wall sign on each frontage or building face having a public entrance, not to exceed 10 percent of the building face (of the area occupied by the tenant) or 50 square feet. Existing Signor. Chilie Peppers has an awning sign with 5 -inch tall letters spanning approximately 5 feet. Jewel of India has 2 wall signs, each roughly 20 square feet. These signs are allowed by the sign regulations and within limits established for the number of signs and total sign area. Both restaurants also display banner signs which have been installed without permits. Appellants' Statement The appellant feels that because there are two businesses on site, a larger sign should be allowed to ensure. that signs for each business are adequately visible from Broad Street. The ARC commissioners felt that advertising for each business could be reasonably accommodated by a 24- square -foot sign face, as indicated by the alternative design proposal submitted by the sign manufacturer. Please refer to the final attachment to this report. ' "Premises" means each parcel or site, as differentiated from each "tenant" or "business." A shopping center, for example, typically has many tenants but only one freestanding sign. 3—A ��►H��flI�IIIII��Pn��u��N city of san Lays OBispo i COUNCIL AGENDA REPORT ARC 156 -94, appeal Page 3 ALTERNATIVES 1. The Council may uphold the appeal and grant an exception to the sign regulations to allow a 32- square -foot sign, based on a finding that unusual site conditions or other exceptional circumstances exist which warrant an exception in this case. 2. The Council may deny the appeal and take a different action from that of the ARC. For instance, the Council could deny the height exception granted by the ARC, in which case signs on the site would have to meet all sign regulation criteria. Attachments: Draft resolution denying the appeal and upholding the ARC's action Draft resolution upholding the appeal Vicinity map Notice of ARC action Appellant's statement ARC meeting minutes Sign diagrams 3-3 Draft resolution for denial ARC 156 -94 Page I RESOLUTION NO. (1995 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL AND UPHOLDING THE ACTION TAKEN BY THE ARCHITECTURAL REVIEW COMMISSION TO DENY APPROVAL OF A 32- SQUARE -FOOT MONUMENT SIGN AT 2115 AND 2121 BROAD STREET IN THE C -N ZONE, WHERE 24 SQUARE FEET IS THE MAXIMUM AREA ALLOWED. (ARC 156 -94) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of ARC 156 -94 and the Architectural Review Commission's decision, staff recommendations, public testimony, and reports thereof, makes the following finding: 1. The Sign Regulations establish a maximum sign area of 24 square feet for freestanding and monument signs in the Commercial- Neighborhood zone, and no unusual conditions or exceptional circumstances exist on this site which warrant granting an exception to the Sign Regulations to allow a larger sign area. SECTION 2. Denial. The appeal of the Architectural Review Commission's action regarding ARC 156-94 is hereby denied, and the action of the ARC to allow a 6-foot tall sign where 4 feet is the maximum height allowed, and deny a 32- square -foot sign area where a 24- square-foot sign area is the maximum allowed by the Sign Regulations is hereby upheld. 3 -+ Draft resoludon for denial ARC 156-94 Page 2 On motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this _ day of , 1995. Mayor ATTEST: City Clerk wmL:Vw%156-94d.arc f i Draft resolution for approval ARC 156-94 Page 1 RESOLUTION NO. (1995 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL OF AN ACTION TAKEN BY THE ARCHITECTURAL REVIEW COMMISSION TO DENY APPROVAL OF A 32 SQUARE FOOT MONUMENT SIGN AT 2115 AND 2121 BROAD STREET IN THE C -N ZONE, WHERE 24 SQUARE FEET IS THE MAXIMUM AREA ALLOWED. (ARC 156 -94) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of ARC 156 -94 and the Architectural Review Commission's decision, staff recommendations, public testimony, and reports thereof, makes the following finding: 1. Unusual site conditions and exceptional circumstances exist on this site which warrant granting an exception to the maximum sign area established by the Sign Regulations, specifically (Council should insert a description of unusual conditions which apply specifically to this site). SECTION 2. Action. The appeal is hereby upheld and the request for approval of a monument sign that is 6 feet tall with a maximum sign area of 32 square feet is hereby approved, subject to the following conditions: 1. The base of the sign shall not exceed 2, feet in height and shall be architecturally compatible with the building. 2. The sign shall display advertising for Chilie Peppers restaurant and the Jewel of India restaurant. 3 � Draft resolution for approval ARC 156-94 Page 2 3. landscaping shall be installed at the base of the sign to the approval of the Community Development Director. 4. All banners and other signs for which sign permits were never obtained shall be immediately removed. No other signs shall be installed on the premises without sign permit approval. On motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and.adopted this _ day of , 1995. Mayor ATTEST: City Clerk APPROVED: City Attorney': a' wmL:keso \15&%u.= 0— h C '• Lj HIGH _ `.+ C-NN u.a: v w:ex:;;eus_ bby G77 (v39 2402• i f: ir022i �iil city of sAn Luis oaspo December 12, 1994 Kris and Kiran Gupta 2121 Broad Street San Luis Obispo, CA 93401 SUBJECT: ARC 156 -94: 2121 Broad Street A request to allow a six foot high sign where a four foot high sign is allowed. Dear Mr. and Mrs. Gupta: The Architectural Review at its meeting of December 5, 1994, granted an exception to allow a 6-foot tall monument sign ( 4 -foot sign with 2 -foot base to be architecturally compatible with the building) at 2121 Broad Street. The sign would display advertising for Chilie Peppers restaurant and the Jewel of India restaurant. The Commission denied a request to allow the sign area to exceed the 24- square-foot area limit, and also directed the applicant to remove the barmers and other signs on the property for which sign permits were never obtained. The decision of the Architectural Review Commission is final unless appealed to the City Clerk within ten days of the date of the meeting. An appeal by any person aggrieved by a decision of the Commission. Minutes of this meeting will be available to you as soon as they are available. If you have any questions, please contact Pamela Ricci at 781 -7168. Sincerely, G Ronald G. While Development Revie Manager RW:mk cc: West Holmes Enterprises Bill Hunter OThe City of San Luis Obispo is committed to including the disabled in.all of its services, programs and activities. (✓ Telecommunications Device for the Deaf (805) 781.7410. cl.tylpf sAn Luis oaspo 990 Palm Street /Post Office Box 8100 • San Luis Obispo, CA 93403.8100 APPEAL TO CITY COUNCIL In accordance with the appeals procedure as authorized by Title I, Chapter 120 of the San Luis Obispo Municipal Code, the undersigned herebyappeals from the decision of d171P� rendered on /.t 's which decision consisted of the following (Le. set forth factual situation and the grounds for submitting this appeal. Use additional sheets as needed): undersigned discussed the.decislon being appealed with: MrnfEt/ .�'� Iuiniy , on RECEIVED DEC 1 5 1994 J: yS CITY CLERK SAN LUIS OBISPO.OA _ AP;WZ �n / . A ame e Representative o2 //S c2emh r, ress ne °T�3'49S1P Original to Cay Clerk _. Calatdared for / i T 9 City Attorney Copy officer Copy to the-following department(s): 1-.. k, vi'TA 17� 1 RECEIV DEC 694 CrrY OF SAN WIS OBISPO BUILDING DIVISION y All P\7 ARC Minutes December 5, 1994 Page 3 Commr. Combrink ved that the commission approve plans for a new home on a sloping lot on the Andrews et cul -de -sac, subject to conditions as recommended by staff Comm r. Aiken seconded the motion. AYES: Combrink, Aiken, Mandeville, Regier, Day, Farre'IL and Illingworth NOES: None The motion passed. 2. ARC 156 -94: 2115 Broad Street. Request for an exception to the sign regulation to allow a 6-foot high monument sign where a 4-foot high sign is allowed; C -N zone; Kris and Kiran Gupta, applicants. Whitney McIlvaine, Associate Planner, presented the staff report recommending that the commission grant an exception to allow a 5 -foot tall monument sign in order to accommodate a base under the 24 -foot sign area allowed. Staff recommended that the commission deny the request to exceed the maximum area for monument signs in the. 0. N zone (24 square feet). Staff also recommended that the applicant be directed to obtain a sign permit for allowed signs and remove all banner and sandwich board signs -__ 3-IA ARC Minutes December S, 1994 Page 4 Bill Hunter, of JCI Signs explained that he would like to use the existing cabinet on the now defunct free standing sign. The owner of Chilie Peppers was present and he informed the Commission that all his banner signs had been removed from the site. COMMISSION COMMENTS: Comm r. Farrell felt that there should be no exception granted to sign area. Comm r. Regier was of the opinion that a base might be needed for the sign, which would justify a height exception. Commr. Mandeville commented that the base of the sign should be tall enough to — accommodate landscaping below the sign. Commr. Day said that an exception may be warranted in this case. Commr. Combrink said he would support a four feet by six feet sign with a height exception. 3-0' ARC Minutes December S, 1994 Page S Commr. Aiken said that four feet by six feet was a reasonable size. There should be landscaping at the base of the sign. Commr. IIlingworth was not opposed to a four foot by eight foot sign. However, he felt that four feet by six feet would be a better size with a height of six feet. Commr. Combrink made the following motion: 1. Grant an exception to allow a 6 -foot tall monument sign in order to accommodate a 2 -foot base under the 24- square -foot sign area allowed. The base of the sign shall be to the approval of staff with materials to be architecturally compatible with the building. 2. Deny the request to exceed the maximum area allowed for monument signs in the C -N zone (24 square feet). 3. Direct the applicant to obtain a sign permit for allowed signs and remove all banner and sandwich board signs and remove the non - conforming pylon sign. Commr. Farrell seconded the motion. 3- i4 ARC Minutes December 5, 1994 Page 6 AYES: NOES: ABSENT: Combrink, Farrell, Aiken, Day, Mandeville, Illingworth, and Regier None None The motion passed. announced that later in January, the Council will be conducting a goal- setting v of kshop of at least one all-day session. Some of the elements that will be part of Council goalLsetting this year will be the status of existing goals, the opportunity to keep uncompleted g from previous years on the list and the opportunity to take things off of the list. The �uncil will take a look at the projected financial environment for next year, not intended to 't goals setting, just to set a realistic environment about how difficult accomplishing some of goals may be. They will also take a look at emerging trends in community and in the two years to come, form and receive that may also affect goal- setting for the adv recommendations about their work program for the next two years and what they belie\and st important things for the City to accomplish over the next few years, and onsider other recommmendations from other groups in the commuat ground -work, individual counselors will begin identifying that whic a the most important things for us to accomplish. The Council and oritize those goals. 3 -15 Z 7 �II ,-z d c a N 1.1n9 Y' N • o Z 40 �N o e g ' 4 r r J 3 Ma 1� % 0 _ �VI M 7 �II ,-z d c a N 1.1n9 Y' N • o Z 40 �N o e g ' 4 r r J 3 Ma 1� % 0 f _ rM �M m Q r 2 l ®f a Q� N0 �6 §' F El � o a N 3—�� L -4q= 1% VJ kJ 349 aS � alfit�na��'� fti9�la�e�' PEP �.:. 0 ell MEN`` Restaurant •i 1J.; IY e -''E rU ro yW� M 4� 6'GAr=I &W-rQj Y/ELT� To . ics. , Uww" 1F.Tiol1. -IS�8E3 ul. A we IW4*J GKa,vE q e� Co� 4 . g4 4m1 i a ; � U11co i 3 N Fc,orW& 7z 3