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HomeMy WebLinkAbout11/14/2006, PH 3 - APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S ACTION TO DENY AN ELECTRONIC MESSAGE CENTER SIGN AS a i council M�D� j acEnaa Report 1�N. C I T Y OF SAN LUIS OBISPO FROM: John Mandeville, Community Development Director PREPARED BY: Philip Dunsmore, Associate Planner SUBJECT: APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S ACTION TO DENY AN ELECTRONIC MESSAGE CENTER SIGN AS PART OF A SIGN PROGRAM FOR A NEW COMMERCIAL PARK AT 4450 BROAD STREET. (ARC 194-05) CAO RECOMMENDATION Adopt a resolution, denying the appeal, and upholding the Architectural Review Commission's action to deny the electronic message center sign, based on findings. REPORT-IN-BRIEF The Architectural Review Commission (ARC) approved a sign program for a new commercial center "Airport Business Center" on September 18, 2006. The approval excluded the applicant's proposal to construct a 15 foot tall pole sign with an electronic message center (EMC) on the sign face. The applicant appealed the ARC's determination and believes that the business park cannot function properly without the EMC sign. The large EMC sign is proposed to be utilized to advertise businesses and display community events. However, the City's Sign Regulations only allow an EMC to be 10% of the overall sign area if on a pole sign or a maximum of 8 square feet if mounted on a building or freestanding. While a departure from these regulations is permissible under an approved sign program, based on the land use patterns of the site and vicinity (Services and Manufacturing) and the site's location adjacent to the Airport Area Specific Plan area, staff believes a pole mounted sign as proposed, especially with backlit electronic letters, is not appropriate. The electronic sign will be a potential distraction for drivers and will be an aesthetic contrast to the location's scenic background, since Broad Street is a designated scenic roadway at this location. Business parks typically function effectively with discreet monument signs and architecturally integrated wall signs. DISCUSSION Background The applicant/appellant would like to develop the vacant 6.2 acre property at 4.450 Broad Street with a commercial business park known as "Airport Business Park." Part of the project includes a sign program that will prescribe custom sign standards for all future tenants. Sign programs are discretionary, supercede certain requirements of the sign regulations, and designed essentially to set up a cohesive sign formula that reduces sign clutter and competition when multiple commercial tenants share single premises. Sign programs also save time by allowing all of the project's signs to Council Agenda Report—Appeal of Architectural Review Commission action denying an Electronic Message Center sign. Page 2 be approved under one action at the Architectural Review Commission (ARC), rather than requiring each tenant to obtain separate approval. Since signs for all new commercial development require review by the ARC, adoption of a comprehensive sign program for a commercial center with multiple tenants saves the applicant processing time and fees. Typically, large commercial developments benefit from a sign program since it also allows for the ARC to respond to unique site constraints and building architecture by allowing modest departure from the standard regulations. The ARC approved a sign program for the airport business park without one of the applicant's desired components, an Electronic Message Center (EMC). This appeal is based on the ARC's decision to eliminate the EMC. Architectural Review Commission Action The ARC conceptually reviewed this project on April 3, 2006 and continued the item with specific- direction. On August 7, 2006 the ARC granted final approval to the project, however continued discussion of the sign program to a later date due to significant debate over the placement of a large pole sign with an EMC (Attachment 3). On September 18, 2006 the ARC granted approval of a comprehensive sign program for the project (Attachments 4, 5, and 6) excluding the proposed EMC mounted on a 15-foot tall pole. Electronic Message Centers are electronic signs that typically have a changing or scrolling electronic message similar to the one located on Calle Joaquin adjacent to Highway 101 used for a Motel 6 price sign or one that is located at the entry to Los Osos at South Bay Boulevard and Los Osos Valley Road. Cal Trans also relies on EMC signs for construction projects and road hazards. Due to the nature of the commercial center, and the sensitivity of the view corridor on Broad Street, the ARC denied the EMC. However, a sign program, which included exceptions to the Sign Regulations to allow a greater number of signs, was approved. The ARC allowed the applicant to incorporate a 12-foot tall sign in place of the EMC that will have a wide base similar to a monument sign and will not be mounted on a pole. Description of the EMC Sign The EMC is proposed as part of a 15-foot tall "pole" sign. The face of the sign is approximately 72 square feet in area with the electronic portion constituting nearly half of the sign face. Only one such EMC currently exists in the City and is located near HWY 101 on Calle Joaquin as part of a price sign for Motel 6. Currently the sign regulations require that all EMCs require discretionary review by the ARC. If proposed as part of a pole sign, the maximum area of the EMC may only be 10% of the sign face. Since the proposed face of this pole sign is 72 square feet, the maximum area of the EMC would be 7.2 square feet. As proposed, the EMC is approximately 30 square feet and is therefore inconsistent with the regulations. However, as noted in the Sign Regulations (MC 15.40.485) adoption of a sign program by the ARC allows the ARC to supersede the prescribed limitations set forth in the sign regulations. Therefore, a sign program allows for, but does not require, the ARC to grant exceptions to the Sign Regulations. It is on this basis that the applicant seeks entitlement to additional signs including the EMC. �'n Council Agenda Report—Appeal of Architectural Review Commission action denying an Electronic Message Center sign. Page 3 Applicant's Appeal of ARC Approved Sign Program An appeal was received from the applicant, (VFP- Broad Street, LLC) on September 26, 2006 (Attachment 7). The appellant's basis for appeal is that the elimination of the EMC will change the entire structure and function of the sign program. In his evidence for appeal the appellant claims he will install additional signs at the property if the sign program with an EMC is denied. Analysis of Appeal Issues 1. ARC approved sign program is adequate The appellant states that without the proposed EMC the approved sign program is not adequate to provide exposure to all the businesses in the business park. Even with the elimination of the EMC, the signs approved by the ARC exceed the limits normally imposed by the Sign Regulations and thus constitute an unusual precedent for a business park at the periphery of the City. As noted above, the Sign Regulations, MC 15.40.100, allow commercial projects to adopt a sign program that enables the ARC to create a custom set of sign regulations for the commercial center. One reason for this process is better integration of multiple signs rather than providing a variance to the standards. Normally, a single commercial center (or single premises as defined in the Sign Regulations Article X), is allowed to have only one monument sign and each tenant is allowed to have up to two wall signs. In this case, the ARC approved two monument signs and a larger freestanding "pole" sign. Each of the tenants is also allowed up to two wall signs. In addition to the three large signs identifying the center, many of the tenants' wall signs face Broad Street. To direct visitors to each business on the interior of the site, up to five directional signs listing various tenants are allowed within the parking area. Attachment 2 illustrates the proposed sign program including the proposed EMC. 2. Attention getting signs are not appropriate in the C-S zone This commercial center is a business park in the Commercial Service zone. Allowed land uses for this location are service related uses that typically draw clients to this location on a pre-determined basis. Unlike retail uses, street exposure for the name of each business is not key to attracting customers. The General Plan map has designated this area for service and manufacturing uses, typically not the type of land use that relies upon attention getting signs and impulse shopping. Other business parks in the vicinity contain single, low monument signs and smaller tenant signs near each building entry. The Airport Area Specific Plan contains specific standards that dictate the type of signs that are appropriate. Although this property is not within the specific plan area, it is directly across the street from it and should complement the vicinity. Page 5-35, of the specific plan discusses signs in detail: 33 Council Agenda Report—Appeal of Architectural Review Commission action denying an Electronic Message Center sign. Page 4 "Throughout San Luis Obispo, the City's intent is that signs identify and locate, rather than advertise and sell. This is particularly appropriate in the Airport Area given its emphasis on uses other than retail." Additionally, the Specific Plan contains standards that would restrict the type of signs requested by the appellant: Standard 5.18.1 Building identity signs shall be limited to major site entries from public roadways. Standard 5.18.2 Signs on poles or other raised structures are not allowed in the planning area. 3. EMC effectiveness and traffic concerns Putting the question of whether the approved sign program is adequate aside, EMC's are not an effective strategy for identifying multiple businesses and can create a traffic hazard. Unless the person reading an EMC is stationary, the technology becomes less effective for communication as the amount of information they display increases. This is especially the case when the signs are viewed from moving automobiles. Depending on vehicle speed and sign location, a driver may have only a few seconds to focus on an EMC. At the posted speed limit of 55 mph, a driver on Highway 227 will only have a few seconds to view the proposed EMC. In fact, Cal Trans designs their EMC signs to be readable in 5 seconds or less when situated along a highway. Using the EMC to identify 16 different tenants would require the message to change more frequently than every second or faster if"community benefit" messages are added to the mix. At this interval, the EMC could very likely become distracting to drivers as it quickly flashes different information (e.g. 16 tenant names). When used in this manner, the EMC functions like an "attention getting device" that is prohibited by the sign regulations (MC 15.40.300A). To be readable without distracting drivers, the proposed EMC would have to be substantially limited in size and with regard to the type and duration of information it would be used for. 4. The City does not regulate sign content The appellant's statement regarding the community benefit of the ECM also calls out a related problem regarding the use of this technology for more than time, temperature or traffic information. If the sign is approved for the purpose of displaying messages of community benefit, who will decide on the content of future community benefit messages? Does advertising an on-site event constitute a community benefit? Would displaying political views, greetings, or quotation be viewed as having some community benefit? Because the City only regulates the time, place, design and construction of signs, not their content, the property owner would have a substantial amount of freedom regarding the information that gets displayed on the sign. Legally, the City's ability to regulate sign content is limited such that it cannot regulate the content of EMC messages at all once it has been approved. EMCs have significant potential to display unanticipated and unintended 9_y Council Agenda Report—Appeal of Architectural Review Commission action denying an Electronic Message Center sign. Page 5 information. The City's practice of allowing specific fixed messages avoids this potential. This should be carefully considered if EMCs begin to be approved within the City. 5. Signs allowed without a sign program Regarding the appellant's comments that the sign program will be replaced by single business signs if there is no EMC, the following should be considered. Commercial projects, regardless of size, are not required to obtain a sign program, however a sign program is typically recommended for larger commercial projects in order to benefit the center and the applicant as discussed earlier. However, all new commercial projects require architectural review for new signs (MC 15.40.480). Therefore, regardless of what signs are proposed, and regardless of how many lots are created for the new commercial center, ARC review will be required, and if a sign program is withdrawn then the regulations will only allow one monument sign per premises. The term "premises" is defined in the Sign Regulations, MC 15.40, Article X as: "Premises means a lot or series of lots under common ownership and/or developed together as a single development site, regardless of how many uses occupy the site." Therefore, if the applicant withdraws the sign program and applies for a separate sign permit package, the ARC will be bound by the limitations of the regulations which allow only one monument sign per premises (MC 15.40.470 F). The amount of signs already approved by the ARC would need to be greatly reduced, not increased as proposed by the applicant. Conclusion The ARC acted appropriately when it approved a discretionary sign program that offered a compromise to accommodate the applicant's desire for increased number and size of signs as opposed to what would otherwise be allowed under the sign regulations. Staff believes a large EMC at the gateway to the City, along Route 227, would be ineffective, potentially unsafe and distract from the pleasure of observing the City's natural scenic beauty. Broad Street at this location is a designated scenic roadway as described in the City's General Plan Circulation Element. Development along scenic roadways is carefully regulated to ensure that structures and signs do not detract from the scenic views of the vicinity. The appellant's request for a large, pole mounted EMC. appears at odds with the intent of the Sign Regulations and the Community Design Guidelines. The Sign Regulations at MC 15.40.110 A provide: "The Sign Regulations are intended to protect and enhance the character of the community and its various neighborhoods and districts against visual blight. Furthermore, a proliferation of signs can seriously detract from the pleasure of observing the natural scenic beauty of San Luis Obispo and the human environment." The Community Design Guidelines, Chapter 1.4, summarize the importance of quality design and sensitivity to the surroundings: {� J-5-` Council Agenda Report—Appeal of Architectural Review Commission action denying an Electronic Message Center sign. Page 6 "San Luis Obispo has repeatedly received national recognition as a desirable place to live. With a beautiful landscape, relatively uncrowded streets and highways, clean air, a growing business economy, and a unique, and well maintained built environment, the quality of life in San Luis Obispo is high. How the built environment appears in relation to the surrounding landscape, and the quality of the architecture and site design within the city, are key to continuing and advancing the high quality of life." A. Keep San Luis Obispo architecturally distinctive; don't let it become "anywhere USA." "3. The quality of development at City gateways and along key corridors is critical to the City's overall image for residents and visitors." The excerpts from the Community Design Guidelines above describe the unique circumstances which make San Luis Obispo different from other communities. Pursuant to the City's policies it is very important to maintain a high standard of architectural review for new buildings and signs. The City's sign regulations are enacted in order to protect the public health, safety and welfare, and this includes through the regulation of aesthetics. The sign program approved by the ARC for this property will introduce a high quality design and fulfills the desires expressed by the guidelines. However, the introduction of a large EMC sign at this property is not in keeping with the City's sign regulations and will set a poor precedent for future architectural determinations along this important gateway corridor. It is recommended the Council allow the sign program approved by the ARC to stand, however no additional signs or electronic type signs should be allowed as part of a sign program for this location, and thus the appeal should be denied. CONCURRENCES The proposal to install an EMC sign at this location has been reviewed by the Transportation Division of the Public Works Department and the Police Department. The Police Department staff feels that an EMC with changing or scrolling messages creates a potential distraction for drivers, and such messages should therefore be limited to significant public service announcements and emergency notifications. The Transportation staff agrees with the Police Department and has provided some analysis with regard to traffic speeds and the amount of time needed to view a sign. FISCAL IMPACT When the General Plan was prepared, it was accompanied by a fiscal impact analysis, which found that overall the General Plan was fiscally balanced. Accordingly, since the proposed project (from a land use context) is consistent with the General Plan, it may only have a neutral fiscal impact. ALTERNATIVES 1. Uphold the appeal, thereby approving the EMC sign. If the Council wishes to approve the 3� Council Agenda Report—Appeal of Architectural Review Commission action denying an Electronic Message Center sign. Page 7 EMC sign, a maximum sign size, and limitations to how the sign is used should be incorporated. For example, the EMC could be restricted for only community events and information rather than advertising. 2. Continue the item for additional analysis or research. The Council should specify the information needed in order to provide staff with specific direction and to return to a hearing at a later date. ATTACHMENTS 1. Vicinity Map 2. Reduced scale site plan and project details 3. August 7, 2006 ARC meeting minutes 4. September 18, 2006 meeting minutes 5. September 18, 2006 findings and conditions 6. September 18, 2006 staff report 7. Appeal to City Council 8. Draft Resolution denying the appeal and upholding the ARC action to deny the EMC sign. 9. Draft Resolution upholding the appeal and approving the EMC sign based on findings and subject to conditions. 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' , � t = 2 / \§ / � + ° w \ 7 \ � Ji _ & 4 a = � o��;�$�� ��e I s RttaChmenfi 2 `� FL all Amy � � i „0 d ,A-,£ °o y u Q � I I I I I I I I I I I ■ �:: 'y I I I I p I I y O y as -- -- Zai N LEUW � a i+ z I "0 1- y 4 fi' iv C aa a a a � n N C z z z z z � a � FE ► � � � � V1 � y �" O V1 LGen V] y ZZ .OI .9 F .9-'E „9,0 Attachment 3 SAN LUIS OBISPO ARCHITECTURAL REVIEW COMMISSION MINUTES August 7, 2006 ROLL CALL: Present: Commissioners Steve Hopkins, Jim Lopes, Anthony Palazzo and Vice- Chairperson Allen Root Absent: Commissioners Zeljka Howard, Greg Wilhelm, and Chairperson Michael Boudreau Staff: Deputy Director Doug Davidson, Senior Planner Pam Ricci, Associate Planners Phil Dunsmore, Michael Codron and Jaime Hill, and Recording Secretary Jill Francis PUBLIC COMMENTS ON NON-AGENDA ITEMS: There were no comments made from the public.. BUSINESS ITEM 1. Tumblinq Wa s Plan Distribution. ARC 151-0td d 953 Orcutt Road. Overview an istribution of plans for the Tumbers project, a new residential n ig orhood of 178 homes located on tside of Orcutt Road between Lau el ne and Broad Street. ARC review oproject is scheduled as a public hearing fo he August 21st agenda. (Michael CAssociate Planner hael Codron presented the staff rlaining that the item was listed as busine item on the agenda so that staff ide the Commission with a brief overview f�the project and distribute project ing the Commission additional time to bec a familiar with this complex projs noted that the first public hearing is sched led before the ARC on August 21, PUBLIC HEARINGS: Z. 4450 & 4460 Broad Street. ARC 194-05; Review of a proposed business park development including a total of 74,883 square feet of new commercial floor area; C-S zone; VFP - Broad Street, LLC, applicant. (Phil Dunsmore) Associate Planner Phil Dunsmore presented the staff, recommending approval of the Mitigated Negative Declaration and final approval to the project design, based on findings and subject to conditions, mitigations measures and code requirements. He presented a photo simulation showing view corridors and a photometrics for the lights. Brian Starr and Will Drake, applicant's representatives, presented a slide presentation including the visual impact from the street, and discussed the proposed project signage. Fred Vernachia, applicant, further explained the reason for a main entry sign with a. large electronic message center. 3-,13 ARC Minutes JJ �- �'J Attachment 3 August 7, 2006 Page 2 PUBLIC COMMENTS: There were no comments made from the public. COMMISSION COMMENTS: The Commission discussed the proposed sign program at great length, debated the proposed Electronic Message Center, and decided to move the project forward without the sign program and continue review of the sign program to a date uncertain Commr. Lopes questioned the location for backflow, asked about future usage and upkeep of the main sign, discussed the creek setback exception relevant to the pedestrian pathway, and suggested discussion of different roof pitches. Commr. Hopkins questioned the usage of the sign. Commr. Palazzo asked staff for a further explanation on the Sign Regulations as it relates to the size of the proposed sign, and noted concerns with the creek setback exception. The Commission's general consensus was supportive of the proposed design with the staff's findings and recommendations. Final resolution of the mitigation measures recommended by the Air Pollution Control District will be made by staff. On motion by Commr. Palazzo to adopt the mitigated negative declaration and grant final approval to the proiect design, based on modified findings and conditions including a requirement to move the proposed pedestrian path outside of the creek setback, install additional shade trees in the parking lot to comply with the City's Parking and Driveway Standards, and with the project's sign program to return to the ARC. Seconded by Commr. Hopkins. AYES: Commrs. Root, Hopkins, Palazzo NOES: Commr. Lopes ABSENT: Commrs. Howard, Wilhelm, Chair Boudreau ABSTAIN: None The above motion allows the applicant to install pole lights at the rear of the site, contrary to staffs recommendation to limit allowed lighting to bollard lights in this area. Commissioner Lopes voted against the motion with concerns about visual resources along the scenic corridor. The motion carried on a 3:1 vote 3-/V ' Attachment 4 ARC Minutes September 18, 2006 Page 2 Commr. Lopes questioned t e proposed colors and types o street trees. Commr. Boudreau asked i a the roof had been eonsid red, and was told that the building could not structural) support the weight of tiles. On motion by Commr. Lo s to approve the design of th remodel based,on findings and subiect to conditions rec mmended by staff.. Seconde by Commr. Root . AYES: Commrs. Wilhe , Howard, Root, Boudreau, opes, Hopkins and Palazzo NOES: None ABSENT: None REFRAIN: None The motion carried on a 7:0 v 2. 4450 and 4460 Broad Street. ARC 194-05; Review of a proposed sign program for a business park development including a total of 74,883 sq. ft. of new commercial floor area; C-S zone; VFP- Broad Street, LLC, applicant. (Phil Dunsmore) Associate Planner Phil Dunsmore presented the staff report including an extensive presentation regarding the characteristics of each of the signs, recommending approval of a modified sign program based on findings and subject to conditions which he outlined. Pierre Rademaker summarized the various components of the sign proposal. Fred Vemacchia, applicant, provided an extensive presentation in an attempt to justify the use of a large pole sign with an electronic message center (EMC) and explained the need for the proposed signage, noting that the ARC can approve signs that do not meet the City guidelines. He explained how the sign program decreases street signage from three or four monument signs to one pole/EMC sign and two vehicle entry signs and decreases wall signage. He did not feel that approval would set a precedent for future projects. Brian Starr and Will Drake, applicant's representatives, answered questions regarding street trees. PUBLIC COMMENTS: There were no comments from the public. COMMISSION COMMENTS: The Commission discussed the Sign Regulations and proposed sign program at length in order to understand their purview. Commissioners agreed with staff that the large EMC is not appropriate at this location and not appropriate in the City of SLO. Commissioners felt that EMC's should be reserved for public uses or for clocks and ?- �5' ARC Minutes _:-� Attachment 4 September 18, 2006 . Page 3 thermometers. As a compromise the ARC allowed the sign program to have two monument signs and a 12-foot tall pole/monument sign at the Broad Street frontage. Commr. Howard stated that the proposed signs were attractively designed but expressed reservations with the pole/EMC sign and its necessity given the type of project and its location near the airport. Commr. Wilhelm asked about consistency with the Community Design Guidelines and the Sign Regulations regarding this sign program and how it could affect future projects if approved. He felt the project had an attractive and appropriate sign package but expressed reservations with the EMC sign and its potential to set an undesirable precedent. Commr. Palazzo asked if street trees would be altered to adjust for the EMC sign, and noted this was a good sign program that worked for the site, including the EMC. Commr. Lopes expressed the need to follow City regulations and agreed with staffs recommendations. He questioned the compatibility of proposed signs 'with the architecture of approved buildings and encouraged their redesign. Commr. Hopkins felt the sign program was well designed but had reservations about the EMC sign since it did not seem to have a functional relationship to the project. Commr. Root discussed the impact of various signs and the need for the City to have sign programs. He agreed with staffs proposal but not with the motion presented. Chair Boudreau concurred with staff recommendations with the inclusion of a pole sign, without the electronic message board. On a motion by Commr. Howard to approve a modified sign program based on findings and subject to conditions with a change to condition #6 to allow a pole sign without EMC no more than 12-feet in height and with a minimum width of 6-feet and pole sign of 60 sq. ft..Seconded by Commr. Lopes. AYES: Commrs. Wilhelm, Howard, Boudreau, Lopes, and Hopkins NOES: Commrs. Root and Palazzo ABSENT: None REFRAIN: None Commissioners Palazzo and Root cast the dissenting votes; Palazzo felt that an EMC could have been incorporated into the sign program and Root felt that the applicant should have a larger pole sign but no EMC. The motion carried on a 5:2 vote. 3. Staff A. Agenda Forecast 346? Attachment 5 IIIIIIIIIII�IIIII� III CSAn O I Community Development Department• 919 Palm Street, San Luis Obispo, CA 93401-3218 September 19, 2006 VFP — Broad Street, LLC 1930 Valle Vista Place San Luis Obispo, CA 93405 SUBJECT: ARC 194-05 -4450 Broad Street Review of a proposed sign program for a business park development including a total of 74,883 sq. ft. of new commercial floor area Dear Applicant: The Architectural Review Commission, at its meeting of September 18, 2006, approved the sign program for the Airport Business Center, based on the following findings, and subject to the following conditions, and code requirements: Findinas 1. The sites location along a designated scenic roadway, at the gateway to the City, adjacent to a residential neighborhood is not an appropriate location for intemally illuminated cabinet ora pole sign with an electronic message center. 2. The proposed sign program, with the recommended conditions and modifications, is consistent with the intent of the Sign Regulations, since the design, height, number and quality of*the signs will be commensurate to other similar approved commercial centers, and the size of each sign meets the intended standards for the C-S zone. 3. The proposed sign program, as conditioned, is consistent with the intent of the Community Design Guidelines since the proposed signs will be architecturally compatible with the building designs, and compatible to the site and vicinity. Conditions 1. The Community Development Department shall have the authority to approve minor changes to the sign program, that (1) result in a superior site design and appearance, and/or (2) address a construction design issue or building code discrepancy that is not substantive to the Architectural Review approval. 2. The sign program allows for up to two wall signs for each tenant not to exceed the limits prescribed by the City Sign Regulations. 3. Two monument.signs (Vehicle Entry Signs) may be allowed, one adjacent to each driveway entrance. The maximum height of each monument sign shall not exceed 4.5 feet. The maximum sign area for each monument sign may not exceed 20 square feet. O The City of San Luis Obispo is committed to include the disabled in all of its services,programs and activities. - 7 Telecommunications Device for the Deaf(805)781-7410. r - � Attachment 5 ARC 194-05 ` �- Page 2 4. Directional signs may be allowed at up to five locations not to exceed four feet in height above natural grade with a sign.area not to exceed 5 square feet. 5. No internally illuminated cabinet signs with full Plexiglas faces shall be allowed, only push through Plexiglas letters shall be allowed for intemally illuminated signs. 6. A pole sign with a height up to 12 feet may be allowed near the Broad Street frontage. The "pole" sign must have a solid base that is at least 2/3 of the width of the sign face. The area of the sign face may not exceed 60 square feet. 7. No electronic message centers shall be allowed. 8. No banners, flags, or other related attention getting devices shall be allowed. 9. A final sign program incorporating all conditions noted above with colors materials and finishes shall be submitted to the Community Development Department prior to issuance of any sign permits. 10. All signs will require a City sign permit. The decision of the Commission is final unless appealed to the City Council within 1.0 days of the action. Any person aggrieved by the decision may file an appeal. Appeal forms are available in the City Clerk's office, or on the City's website (www.slocity.org). The fee for filing an appeal is $100.00, and must accompany the appeal documentation. While the City's water allocation regulations are in effect, the Architectural Review Commission's approval expires after three years if construction has not started, unless the Commission designated a different time period. On request, the Community Development Director may grant a single one-year extension. If you have questions, please contact Phil Dunsmore at (805) 781-7522. Sincerely, Pamela Ricci, All Senior Planner cc: County of SL0 Assessor's Office Brian Starr/ Will Drake Studio Design Group 641 Higuera Street, #303 San Luis Obispo, CA 93401 3��� Attachment 6 CITY OF SAN LUIS OBISPO ARCHITECTURAL REVIEW COMMISSION AGENDA REPORT ITEM#2 BY: Philip Dunsmore, Associate Planner (781-7522 ETING DATE: September 18, 2006 FROM: Pam Ricci, Senior Planner PR FILE NUMBER: ARC 194-05 PROJECT ADDRESS: 4450 Broad Street SUBJECT: Review of a sign program for an approved commercial center (Airport Business Center) located on the east side of Broad Street just south of Fuller Road between the creek and the street. SUMMARY RECOMMENDATION Approve a modified sign program based on findings and subject to conditions. BACKGROUND Situation The applicant would like to develop the vacant 6.2-acre property at 4450 Broad Street with a . variety of office and retail buildings. The ARC conceptually reviewed this project on April 3, 2006 and continued the item with specific direction. At a hearing on August 7, 2006 the ARC granted final approval to the design of the project, but continued action on the sign program to a later date. Now, the applicant is seeking final approval of the sign program for the center. Data Summary Address: 4450 Broad Street Property Owner/Applicant: VFP-Broad Street, LLC Representative: Brian Starr/Will Drake Studio Design Group Zoning: C-S (Service-Commercial) General Plan: Services and Manufacturing Environmental status: A mitigated Negative Declaration of environmental impact was adopted by,the Architectural Review Commission on August 7, 2006: Site Descrintion The development site is a generally flat, triangular shaped parcel between Broad Street and a creek. The creek separates the commercial zoning boundary from a single family residential tract to the east.- The size of the property is approximately 6.2 acres. The existing site contains 1A ARC 194-05 � �% Attachmert 6 4450 Broad Street, Airport Business Center Sign Program Page 2 low brush and semi-native vegetation with dense willow trees lining the creek bank. Former stockpiling debris and an existing eucalyptus tree exist near the south end of the site. Project Description Seven buildings are proposed to accommodate a variety of commercial uses as allowed within the Service Commercial zoning district. The cover page of the plans describes the size, height, and proposed occupancy class of each building. No tenants are known at this time. Parking is proposed to be accommodated with outdoor asphalt parking areas combined with pedestrian paths and landscape areas. The design of the buildings is somewhat "agrarian" with ribbed metal roofing, large overhangs, ribbed metal siding and metal awnings. The proposed sign program proposes a variety signs that attempt to include some of the design features of the buildings. In summary, the sign program includes the following signs: two `vehicle entry signs" approximately 4', 6"in height with a 16 square-foot sign area; three "directional signs" that are 3', 6" in height with approximately 4 feet of sign area; internally illuminated cabinet signs for each of the tenant spaces (a total of 32 illuminated cabinet signs; and a "pole sign" with a internally illuminated graphics and an electronic message center(EMC) with a total sign face of 71.5 square feet. EVALUATION At the August 7 ARC hearing, the ARC discussed the sign program in detail, particularly the EMC sign, and decided to continue the sign program to a later date to allow staff to respond to purview and procedural issues associated with the review of the overall sign program. The ARC's action included a condition that refers to the required sign program: 7. A final sign program shall be submitted for review and approval by the ARC. Plans shall include all proposed signs and note any requested exceptions to the Sign Regulations. If exceptions are requested, then the applicant shall provide a written statement regarding how required findings could be substantiated. The applicant disagreed that the proposed signs needed exceptions since the ARC was acting on a"Sign Program" and instead referred to MC 15.40.485 of the Sign Regulations which states: The ARC may approve a sign program for a particular development or property. In this case, the requirements of the sign program supercede Article III (Prohibited Signs)and Article IV(Sign Standards) of these sign regulations. MC 15.40.485 has been discussed in detail with the City Attorney and it was determined that the ARC does have the discretion to approve sign exceptions through the Sign Program process. However, this does not mean that the ARC can approve a sign program that includes signs that exceed the limits of the sign regulations without making specific findings. Although a sign program allows the ARC to relax the sign standards, as the ARC sees fit on a case-by-case basis, specific findings must still be made that the program is consistent with the intent of the '7L i" ARC 194-05 4450 Broad Street, Airport Business Center Sign Program Attachment 6 Page 3 Sign Regulations and the City's Community Design Guidelines. In most cases, sign programs are designed to regulate a commercial center so that all of the signs work together in a logical fashion and complement building architecture. Sign programs are not designed as a method of circumventing normally imposed sign regulations for a site, but rather as a way to create a comprehensive program that provides the center and its individual tenants adequate identification while respecting site conditions and context. At this time, the proposed sign program has not changed and staff has serious concerns about the size and design of the pole sign and EMC that will be located along a designated scenic corridor. This is a Service-Commercial (C-S) zone at the boundary of the City limits, alongside a designated scenic corridor. The range of allowed uses in the C-S zone and the business park style of the approved project are not designed to accommodate intensive retail, restaurant or other uses that rely upon attention getting devices, including excessive signage. In the City of San Luis Obispo, most business parks incorporate monument signs, small directional signs, and wall signs that rely upon external illumination with architecturally detailed lighting. Considering the proximity of the site to a residential neighborhood, and the generally service related and office character of the intended land uses, the ARC should carefully review the Community Design Guidelines and the Sign Regulations for guidance on the appropriate styles of signage prior to taking action on the sign program. The following analysis highlights the proposed sign program in comparison with the Community Design Guidelines and the City's Sign Regulations. Community Design Guidelines Staff has attached the complete text of chapter 6.6 of the Sign Regulations (Attachment 4) for the . . ARC to review, however the sections below are particularly significant to the discussion of the proposed sign program. 6.6-Signs The City encourages signs that effectively identify individual business establishments and support public safety and.convenience by providing good directions. The design and content of signs are important in shaping the image of the city in the minds of visitors and residents, and how they feel about the city, and themselves. Staff Response: As noted above, the design and content of signs are important in shaping the image of the City. The ARC should consider this when reviewing the proposed program. The City prides itself in high quality design and carefully regulated signs. In staff's opinion, the EMC sign in particular is misplaced at this visible gateway .location given the type of development project and its approval raises concerns with setting an undesirable precedent. A. Sign standards. The City's current Sign Regulations limit the type, size and location of signs in each zoning district. The regulations allow the ARC to approve signs not normally allowed, under exceptional circumstances. Exceptional ��L ARC 194-05 �'� '� 4450 Broad Street, Airport Business Center Sign Program Attachment 6 Page 4 circumstances might include impaired or difficult visibility, or unique or innovative sign design. Staff Response: As noted above, the ARC has the discretion to allow a sign or sign program to deviate•from'the normal standards under exceptional circumstances. Staff does not believe that the site or building layout presents exceptional circumstances, and nor does staff believe that a very large EMC along a busy arterial roadway at the edge of the City limits constitutes an innovative design. Instead, this is a scenario that calls for carefully designed signs that integrate with the building design and the surroundings. Logical exceptions for a development like this might include allowing more than one monument sign, or allowing a monument sign that is slightly taller than the limits of the regulations. H. Message content. Text should be kept to a minimum and designed for business identification, not advertising purposes. Location, size, materials and other features of a sign should be selected to achieve legibility. Staff Response: Again, this speaks to the EMC. Signs should be limited to business identification and not advertising. An EMC is likely to be utilized like a banner sign for a variety of advertising scenarios. L Types. Wall signs, monument and other types of low-profile freestanding signs are encouraged. Distinctive architectural features, planting, window displays and merchandise can often communicate some of the message and identity usually conveyed by traditional signage. Staff Response: Low profile monument signs, similar to the two that are proposed in this center, are appropriate• in the C-S zone and reflect a high-quality image. Wall signs are also appropriate, especially when they take advantage of exterior lighting and utilize custom painted surfaces. M. Materials. Internally illuminated cabinet signs (can signs) are strongly discouraged. The City instead encourages signs comprised of individual letters of quality materials (metal, ceramic, etc.), signs of carved wood, and three- dimensional signs in appropriate circumstances. Staff Response: All of the wall signs proposed in the center are internally illuminated cabinet signs, however they have a surface of brushed aluminum with push through Plexiglas letters. Different than a typical can sign these signs are appropriate since they do not have a large illuminated Plexiglas surface. Instead, only the letters are illuminated. Sign Reeulations The following sections below are from the introductory section of the regulations and could be used to formulate findings when approving or denying a sign program. /Z ARC 194-05 4450 Broad Street, Airport Business Center Sign Program Attachment 6 Page 5 MC 15.40.110 A. The Sign Regulations are intended to protect and enhance the character of the community and its various neighborhoods and districts against visual blight. Furthermore, a proliferation of signs can seriously detract from the pleasure of observing the natural scenic beauty of San Luis Obispo and the human environment. Staff Response: The proposed location'of this commercial center is alongside a scenic highway, adjacent to a creek and a nearby residential neighborhood. It is on the edge of the City, and not an appropriate location for excessive signage or excessive lighting. The ARC should compare this primary Sign Regulations objective to the proposed program. C. Controlling the size and number of signs is necessary to implement community goals and policies expressed in the General Plan. Staff Response: The Sign Regulations, just like the Community Design Guidelines, are an implementing component of the General Plan. The General Plan has numerous goals and policies which speak to the preservation of neighborhoods and the sensitive design of commercial and residential areas. D. Signs have an important design component and must be architecturally compatible with affected structures and the character of surrounding development in order to maintain the overall quality of a neighborhood or commercial district. Staff Response: Just as noted in the Community Design Guidelines, the regulations acknowledge that signs are very important to the design of a commercial center and the surrounding properties. The following discussion highlights the components of the sign program in comparison with the applicable regulations. 7.ki ivoi =r Monument signs (Vehicle Entry Signs) 2 proposed inatx!Cabine ARC 194-05 � �O -- �`J Aftachment 6 4450 Broad Street, Airport Business Center Sign Program Page 6 The program includes two internally illuminated monument signs approximately 4', 6" in height with a 16 square foot sign area. The regulations allow only one monument sign per premises, per street frontage. Monument signs may be a maximum of 24 square feet. The maximum height of a monument sign is 6 feet. The largest single sign face is used to calculate the area of monument signs. If illumination of monument signs is desired, then external illumination or halo lighting is preferred. Staff believes that the proposed signs are appropriate in size and area, however the ARC should consider the type of sign lighting. 2'-0" r7 � ' Directional Signs TENANT ONE 4 proposed N TENANT TI#Rcs 1 N C= TENANT SIX The program includes three "directional signs" that G- TENANT E f___V E N are 3', 6" in height with approximately 4 feet of T E NAN T TWELVE sign area. The regulations allow one directory sign per premises. Directory signs may be no larger than 12 square feet in area, and individual letters may not exceed 6 inches in height. Staff believes that the size of the center and number of tenants warrant three directional signs as proposed. Directional Signage „.- Wall signs - - Approximately 32 proposed y The program includes intemally illuminated I-�-M- 1 I 1 ,;ti�1ib - cabinet signs (wall signs) for each of the O TENANT SIGNAGS 0 tenant spaces, some tenant spaces have two signs (a total of 32 illuminated cabinet signs). The regulations allow up to two wall signs per tenant space up to a maximum of 100 square '—25.5 Sq.Fc day Wz ARC 194-05 4450 Broad Street, Airport Business Center Sign Program Attachment 6 Page 7 feet or 15% of the building face where the sign is attached, whichever is less. Cabinet signs are allowed in the C-S zone. Staff would not support typical can signs with a Plexiglas surface, however these are different since only the letters would be Plexiglas and the lighting levels would be more subdued than a typical can sign. Other forms of lighting, such as gooseneck lights or halo lighting are the preferred lighting methods for wall signs. A` R ME R'S MMRKET E TONIGHTN C (1 ,. fi "Pole 'sign/EMC { , 1 proposed Tr I Tk '[s?J.a: Y ':Q., :k'r�':`lJ.. ._.J`•�` J4 4. �..,r. :i"�:,•sr:S.',��'•:Fti;�';'dt!?;. r,!'Y; iia� ,z:�i':.'.r .r �luruk� t;;�•:.•rs,.,t;:o"r.:� Side Elevation (2 Sides) Scale: 1/2"=V-0" The sign program includes a large freestanding sign with internally illuminated graphics and an EMC with a total sign face of 71.5 square feet (the EMC is approximately 30 square feet). This z ARC 194-05 ��' � � � -` Attachment 6 4450 Broad Street, Airport Business Center Sign Program Page 8 sign is most appropriately treated as a pole sign due to its extensive size and height. The height of the sign is 15 feet. The "pole" sign has a sign face of approximately 72 square feet in area and an electronic face that constitutes nearly half of the sign face. The Sign Regulations allow pole signs to be up to 16 feet tall with up to 72 square feet of sign area. All pole signs require review by the ARC. When the sign regulations were drafted it was the intent to allow EMCs only for small clocks, thermometers or other applications where the electronic portion is only a small percentage of the sign face. The sign regulations require that all EMCs require discretionary review by the ARC. If proposed as part of a pole sign, the maximum area of the EMC may only be 10% of the sign face. Since the proposed face of this pole sign is 72 square feet, the maximum area of the EMC would be 7.2 square feet. As proposed, the EMC is approximately 30 square feet or greater. The approval of an EMC sign is not ministerial. EMCs require discretionary action by the ARC and are allowed only in limited circumstances. If the ARC believes that an EMC is appropriate for this location, the maximum size should not exceed the maximum size allowed by the regulations, approximately 7 square feet. CONCLUSION This commercial center has an extensive amount of frontage on Broad Street and a large number of tenant spaces. A sign program is an appropriate tool to incorporate the amount of signage that is necessary for this center. A monument sign at each entrance, combined with carefully designed wall signs and directional. signs are all appropriate. It may even be appropriate to slightly increase the height and area of each of the monument signs in order to achieve appropriate visibility within the landscape area. However, a tall, freestanding sign such as a pole sign, or an EMC, are not appropriate at this location. ALTERNATIVES 1. Continue review of the project with a specific list of items to return to the Commission. 2. Approve the sign program. Action approving the program should include the basis and findings for approval including any necessary conditions the ARC may wish to incorporate. If the ARC is inclined to support the pole sign with EMC, the Commission should be prepared to make very specific findings as to why it should be allowed of the large size proposed and what exceptional standards warrant it being installed at this location. Staff is particularly concerned about the precedent such an approval would create and findings documenting the rationale for allowing this type of attention-getting signage is especially critical. RECOMMENDATION Approve the sign program without a pole sign and without an electronic message center based on findings and subject to the following conditions. �z ARC 194-05 4450 Broad Street, Airport Business Center Sign Program aAftclC�`C1)ef1t s Page 9 Findings 1. The sites location along a designated scenic roadway, at the gateway to the City, adjacent to a residential neighborhood is not an appropriate location for internally illuminated cabinet or a pole sign with an electronic message center. 2. The proposed sign program, with the recommended conditions and modifications, is consistent with the intent of the Sign Regulations, since the design, height, number and quality of the signs will be commensurate to other similar approved commercial centers, and the size of each sign meets the intended standards for the C-S zone. 3. The proposed sign program, as conditioned, is consistent with the intent of the Community Design Guidelines since the proposed signs will be architecturally compatible with the building designs, and compatible to the site and vicinity. Conditions 1. The Community Development Department shall have the authority to approve minor changes to the sign program, that (1) result in a superior site design and appearance, and/or (2) address a construction design issue or building code discrepancy that is not substantive to the Architectural Review approval. 2. The sign program allows.for up to two wall signs for each tenant not to exceed the limits prescribed by the City Sign Regulations. 3. Two monument signs (Vehicle Entry Signs) may be allowed, one adjacent to each driveway entrance. The maximum height of each. monument sign shall not exceed 6 feet. The maximum sign area for each monument sign may not exceed 30 square feet. 4.- Directional signs may be allowed at up to five locations not to exceed four feet in height above natural grade with a sign area not to exceed 5.square feet. 5. No internally illuminated cabinet signs with full Plexiglas faces shall be allowed, only push through Plexiglas letters shall be allowed for internally illuminated signs. 6. No pole signs or other types of freestanding signs exceeding 6 feet shall be allowed. 7. No electronic message centers shall be allowed. 8. No banners, flags, or other related attention getting devices shall be allowed. 9. All revised sign program with colors materials and finishes shall be submitted to the Community Development Department prior to issuance of any sign permits. 10. All signs will require a City sign permit. 3-a� qui Filing Fee: $100.00' �` • did Date Received NIAfli '°°'' -'A- tachrh1M t 7'' City Of 'REFER TO SECTION 4 San Luis OBISPO APPEAL TO THE CITY COUNCIL SECTION I. APPELLANT INFORMATION V F-P - ISroowJ St reef Z- LCA 10130 Va 11e VIS PL St'0 Name Mailing Address and Zip Code �OS-54ff -32_-2KCr - Phone Fax 8noL kA Sf-a rc SD G 4 I H-rQ I Sf 303, SLU,,CO q 3 w I Representative's Name Mailing Address and Zip Code i 4, f 8O5 =541 -354 8 51-1 - 2 D Title Phone Fax SECTION 2. SUBJECT OF APPEAL 1. In accordance with the procedures set forth in Title 1, Chapter 1.20 of the San Luis Obispo Municipal Co-fde (�c(opy attached), I hereby appeal the decision of the: rC.� t7'el �/I(� I �_C>I C-C•t1 �ihiYtr �e� (Name of Officer, Committee or Commission decision being appealed) 2. The date the decision being appealed was rendered: SPI �1 3. The application or project was entitled: A R-C I C14 -05—LI 450 4. 1 discussed the matter with the following City staff member. eh(' ! 0(An C t'Y\.0 re on (Staff Member's Name and Department) (Date) 5. Has t i matter been the subject of a previous appeal? If so,when was it heard and by whom: SECTION 3. REASON FOR APPEAL Explain specifically what action/s,you are appealing and 4y you believe the.Council should consider your appeal. Include what evidence you have that supports your appeal. You may attach additional pages, if necessary. This form continues on the other side. Page 1 of 3 �u Attachment 7 ARC 194-05-4450 Broad Street What: Action on September.18, 2006 by the ARC to decrease the proposed sign size of and to deny_ an Electronic Message Center(EMC) in one sign integrated into a complete Sign Program. Why: Changing one sign within the proposed sign program changes the entire structure and function of the proposed sign program. By making the changes required by the ARC to the sign program, the sign program is no longer able to function effectively to create exposure for a Business Park of at least 16 different businesses, the majority of which do not have frontage-on Broad Street. In addition, the sign proposed by staffiwill not appropriately serve the project . Staff wants a single sign listing all the tenants, like a"Shopping Center Sign." Sign regulations specifically state that only "anchors" can be listed on the main sign. This is not a "Shopping Center," and it will not have"anchors." Sign regulations also limit the number of tenants listed to no more than five, and there will be at least 16 within this development. The EMC was specifically integrated into the sign program in order to eliminate multiple signs on the street. The EMC replaces up to 6 monument signs, the number of signs necessary to create visibility for the number of the business in this Business Park, most of which are not located on Broad Street. In addition, the EMC was added to provide community benefit as well. Given its location at one of the gateways to the City, it offers potential exposure for activities happening in town. Community based messages would complement the banners hanging at other gateways to town and create exposure in a location where these activities.might otherwise go unnoticed. Evidence for Appeal: City regulations allow a sign program to supersede the sign regulations based on individual signs and properties. These regulations allow one street sign per premises. This project was purposely proposed as a single project/single premises rather than a subdivided,project to create a uniformity of design and minimize street Gutter. By eliminating the EMC, we will need to withdraw the sign program, subdivide the project, and propose a series of conforming monument signs (none of which will require ARC review). Subdividing the property and adding more signs is not my preference. However;if the present Sign Program is denied, it will be necessary in order to gain exposure for the owners and tenants who will not have Broad Street frontage. These options were presented to the ARC but staff stated that even with a subdivided project, the signs would require ARC approval. I believe the ARC was given incorrect information. ARC was instructed that a "Project of this size always requires a sign program and.would require ARC review." When I was unable to find any evidence in the Sign Regulations to support Staffs position, I contacted. To date, I have not heard back from them. �-a q Attachment 8 MS 158-04 Resolution to deny(9-13-06) Page 2 3. Granting approval of a large electronic message center is not in accord with the intent and purposes of the Sign Regulations since the regulations are intended to allow such signs for small incidental uses such as clocks and thermometers and not advertising. 4. A large, pole mounted electronic message center at this location would set an unusual precedent and would not be consistent with the architectural character or nature of the site and vicinity. 5. The sign program approved by the Architectural Review Commission is a logical, reasonable program that allows for adequate identification for potential commercial tenants without the use of an electronic message center. 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 , 2006. Mayor David F. Romero ATTEST: Audrey Hooper, City Clerk APPROVED AS TO FORM: Jon well, City Attorney G:\CD-P1AN\Pdunsmore\ARCVARC\194-05(4459 Broad)\CC deny appeal reso.doc J -J Attachment 9 RESOLUTION NO.####-06 A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL AND APPROVING AN ELECTRONIC MESSAGE CENTER FOR A SIGN PROGRAM FOR A NEW BUSINESS PARK AT 4450 BROAD STREET ARC 194-05 WHEREAS, the Architectural Review Commission conducted a public hearing on September 18, to consider the applicant's request for a sign program for a proposed business park to be constructed at apremises known as 4450 Broad Street; WHEREAS, The Architectural Review Commission approved the sign program and denied the incorporation of the electronic message center sign in the sign program, based on findings; and WHEREAS, An appeal of the Architectural Review Commission's action to delete the electronic message center sign was received by the City on September 26, 2006; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the appellant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: Section 1. Approval. The request to appeal the Architectural Review Commission's action denying the electronic message center sign in the sign program is hereby approved, based on the following findings and conditions: SECTION 1.. Findings. 1. The site or land use pattern is suited for the type and design of the electronic message center sign since the proposed land uses will rely upon such a sign and the sign will benefit the community by providing communitywide information. 2. As conditioned, the proposed sign, due to the size and location, will protect and preserve the scenic resources. An electronic sign at this location would not detract from the scenic background of the site nor conflict with applicable General Plan policies. 3. As conditioned, granting approval of an electronic message center is in accord with the intent and purposes of the Sign Regulations since the regulations are intended to allow such signs. 4. An electronic message center at this location would not set an unusual precedent and would be consistent with the architectural character or nature of the site and vicinity. cz Attachment 9 MS 158-04 Resolution to deny(9-13-06) Page 2 Conditions 1. A separate sign permit shall be required for each sign (or group of signs). 2. The height of the sign that includes the electronic message center shall be limited to a maximum height of 10 feet. The area of the electronic portion of the sign face shall be limited to 10% of the total sign area as prescribed by the City's Sign Regulations. The maximum area of the sign face in total (including the electronic portion and other sign area) shall be limited to 72 square feet, consistent with the sign regulations. 3. The sign shall not consist of scrolling, moving, flashing images or symbols. The sign message shall not be changed on a frequency greater than 5 seconds. The sign shall not be utilized for advertising but may be used to display business names or community announcements. 4. The sign must not be illuminated or remain on after business hours or between the hours of 10 pm and 6 am. 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 , 2006. Mayor David F. Romero ATTEST: Audrey Hooper, City Clerk APPROVED AS TO FORM: Jonathan Lowell, City Attorney G:\CD-PLAN\Pdunsmore\ARC\ARC\194-05(4450 Broad)\CC deny appeal reso.doc 3 Attachment 8 RESOLUTION NO.####-06 A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL AND UPHOLDING THE ARCHITECTURAL REVIEW COMMISSIONS ACTION TO DENY AN ELECTRONIC MESSAGE CENTER FOR A SIGN PROGRAM FOR A NEW BUSINESS PARK AT 4450 BROAD STREET ARC 194-05 WHEREAS, the Architectural Review Commission conducted a public hearing on September 18, 2006 to consider the applicant's request for a sign program for a proposed business park to be constructed at a premises known as 4450 Broad Street; WHEREAS, the Architectural Review Commission approved the sign program and denied the incorporation of the electronic message center sign in the sign program, based on findings; and WHEREAS, an appeal of the Architectural Review Commission's action to delete the electronic message center sign was received by the City on September 26, 2006; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the appellant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: Section 1. Denial of Appeal. The request to appeal the Architectural Review Commission's action denying the electronic message center sign in the sign program is hereby denied, based on the following findings: SECTION 1. Findings. 1. The site or land use pattern is not suited for the type and design of the electronic message center sign since the General Plan Land Use Element map designates this site for services and manufacturing uses. Such land uses do not rely upon extensive signs. 2. Broad Street (HWY 227) at this location is a designated scenic roadway identified in the General Plan Circulation Element. General Plan policies require that new improvements, including buildings and signs, be designed to protect and preserve the scenic resources. An electronic sign at this location would detract from the scenic background of the site and conflict with applicable General Plan policies. 3 Page 1 of 1 Audrey Hooper- File 194-05 0 O � From: "Linda Shinn" <Ishinn@pacbell.net> To: <ahooper@slocity.org> Date: 11/14/20061:21 PM Subject: File 194-05 O=ACl( LX Audrey, Please forward to City Council member prior to 11/14 meeting. Thanks. November 13,2006 Council Members: I am a homeowner on Goldenrod Lane. I oppose the installation of any electronic message center signs as a part of a sign program for the new commercial park at 4450 Broad Street, File No. 194-05. Many of my neighbors and I have master bedrooms overlooking the planned commercial buildings. The addition of an electronic sign would add to our already existing annoyance of the airport beacon and also devalue our properties. Linda Shinn 805-471-4556 Linda Shinn 955 Goldenrod Lane 471-4556. file://CADocuments and Settings\slouser\Local Settings\Temp\GW}00001.HTM 11/15/2006 RECL, . E., Filing Fee: $100.00 SEP 2 6 2006 Paid Date Received TY CLERK Ol 0911 i'?GL�L 44:ii 0T3933 Tip NIA I=Elk `REFER TO SECTION 4 I Iiy San LUIS OBISPO APPEAL TO THE CITY COUNCIL SECTION 1. APPELLANT INFORMATION t/e"���✓/i«c�'` �" VF-P - 8(bad Stree-rt , LL30 Ua16l/IS&PLSLO Name Q R30Mailing Address and Zip Code 111340 �05-54 Lf -3 7-L6 7- oaV --5-LF2-:2K Fro Phone Fax Qr^r'av� SJj2 r-c . SDG 4 I If(a St #,fid31 ,CQ,C61 q3W / Representative's Name J VMailing Address and Zip Code &rCJ I�4t 1 -g-48 SAF 1 - q 2 6 0 Title Phone Fax SECTION 2. SUBJECT OF APPEAL 1. In accordance with the procedures set forth in Title 1, Chapter 1.20 of the San Luis Obispo Municipal Code (copy attached), I hereby appeal the decision of the: &-c0a M ii C-W G mmr ee (Name of Officer, Committee or Commission decision being appealed) ? 2. The date the decision being appealed was rendered:1� /�Eegk �,� a /, 63. The application or project was entitled: h -l_. I 4 'OS—lj 4 5o 6 ro e7 4. 1 discussed the matter with the following City staff member. Z / P h� D U N C Q ela- on Gl l 0 6 (Staff Member's Name and Department) (Date) 5. Has this matter been the subject of a previous appeal? If so, when was it heard and by whom: A� o SECTION 3. REASON FOR APPEAL Explain specifically what actioNs you are appealing and why you believe the Council should consider your appeal. Include what evidence you have that supports your appeal. You may attach additional pages, if necessary. This form continues on the other side. Page 1 of 3 Reason for Appeal continued Sce, A.t -t"- el SECTION 4. APPELLANTS RESPONSIBILITY The.San Luis Obispo City Council values public participation in local government and encourages all forms of citizen involvement. However, due to real costs associated with City Council consideration of an appeal, including public notification, all appeals pertaining to a planning application or project are subject to a filing fee of$1100%which must accompany the appeal form. Your right to exercise an appeal comes with certain responsibilities. If you file an appeal, please understand that it must be heard within 45 days from filing this form. You will be notified in writing of the exact date your appeal will be heard before the Council. You or your representative will be expected.to attend the public hearing, and to be prepared to make your case. Your testimony is limited to 10 minutes. A continuance may be granted under certain and unusual circumstances. If you feel you .need to request a continuance, you must submit your request in writing to the City Clerk. Please be advised that if your request for continuance is received after the appeal is noticed to the public, the Council may not be able to grant the request for continuance. Submitting a request for continuance does not guarantee that it will be granted;that action is at the discretion of the City Council. I hereby agree to appear and/or send a representative to appear on my behalf when said appeal is scheduled for a public hearing before the City Council. (Signature of Appellant) (Date) Exceptions to the fee: 1)Appeals of Tree Committee decislons. 2)The above-named appellant has already paid the City$100 to appeal this same matter to a City official or Council advisory body. This item is hereby calendared for A,/r7(J&,V/36/ 2QQL!? c: City Attorney 716 U City Administrative Officer S'IAu E W` R Department Head - 1,v,4 EUiGGE �/o . ✓E�'"`mac ��•5 Advisory Body Chairperson-/v• ,$dt c,c>RE-* �v Nv A b R EE's vJ�4 ��10.✓� City Clerk(original) Page 2of3 D •/a9U ADS4 Al a5-6,4V /,�• 05 TGc,.��T ARC 194-05-4450 Broad Street What: Action on September 18, 2006 by the ARC to decrease the proposed sign size of and to deny an Electronic Message Center(EMC) in one sign integrated into a complete Sign Program. Why: Changing one sign within the proposed sign program changes the entire structure and function of the proposed sign program. By making the changes required by the ARC to the sign program, the sign program is no longer able to function effectively to create exposure for a Business Park of at least 16 different businesses, the majority of which do not have frontage on Broad Street. In addition, the sign proposed by staff will not appropriately serve the project. Staff wants a single sign listing all the tenants, like a °Shopping Center Sign." Sign regulations specifically state that only anchors' can be listed on the main sign. This is not a °Shopping Center," and it will not have °anchors." Sign regulations also limit the number of tenants listed to no more than five, and there will be at least 16 within this development. The EMC was specifically integrated into the sign program in order to eliminate multiple signs on the street. The EMC replaces up to 6 monument signs, the number of signs necessary to create visibility for the number of the business in this Business Park, most of which are not located on Broad Street. In addition, the EMC was added to provide community benefit as well. Given its location at one of the gateways to the City, it offers potential exposure for activities happening in town. Community based messages would complement the banners hanging at other gateways to town and create exposure in a location where these activities might otherwise go unnoticed. Evidence for Appeal: City regulations allow a sign program to supercede the sign regulations based on individual signs and properties. These regulations allow one street sign per premises. This project was purposely proposed as a single project/single premises rather than a subdivided project to create a uniformity of design and minimize street clutter. By eliminating the EMC, we will need to withdraw the sign program, subdivide the project, and propose a series of conforming monument signs (none of which will require ARC review). Subdividing the property and adding more signs is not my preference. However, if the present Sign Program is denied, it will be necessary in order to gain exposure for the owners and tenants who will not have Broad Street frontage. These options were presented to the ARC but staff stated that even with a subdivided project, the signs would require ARC approval. I believe the ARC was given incorrect information. ARC was instructed that a "Project of this size always requires a sign program and would require ARC review." When I was unable to find any evidence in the Sign Regulations to support Staffs position, I contacted. To date, I have not heard back from them. �►��IIB�Il lllfllll IIIA��IIIIII � �' ; n Iillll I�Ililh ��� Clty of sAn WisbBispo 990 Palm Street, San Luis Obispo, CA 93401-3249 RECEIVED September 27, 2006 OCT 0 4 1006 SLO CITY CLERK , Fred Vemacchia 1930 Valle Vista Place San Luis Obispo, CA 93405 RE: ARCHITECTURAL REVIEW COMMISSION APPEAL— 194-05 (4450 BROAD STREET) Dear Mr. Vernacchia: In reference to your appeal being heard by the City Council, City code requires an appeal to be set for the next reasonably available council meeting, but in no event later than forty;five calendar days after the date of the filing of such notice of appeal with the City Clerk. Although you have agreed by phone to permit us to schedule your appeal after the 45 day deadline (i.e. November 10, 2006), we require a signed acknowledgement. Therefore, please sign and return this letter to the City Clerk's Office no later than October 9An envelope has been enclosed for your convenience. If you have any questions, please give me a call at 781-7104. Fred Vernacchia Si cerely, Audrey Ho er City Clerk The City of San Luis Obispo is committed to include the disabled in all of its services,programs and activities. Telecommunications Device for the Deaf(805)781-7410. VFP-Broad Street, LLC ECEIVED � 1930 Valle Vista Place NOV 0 9 1006 San Luis Obispo, CA 93405 OUNCIL SLO CITY CLERK � rF John Mandeville, ICAOCommunity Development Director RED FILE �'ACAO C' of San Luis Obis A"A170RNEY po M� ING AGENDA OCLERK/ORIG November 9, 2006 DA ( i ITEM # DEP H DS DIR B"UTIL DIR Dear Mr. Mandeville, ZHR DIA X I am in receipt of the staff report for the City Council meeting of 11/14/06. There are many factual errors in the staff report, which I would like to call to your attention so corrections may be made at or prior to the City Council meeting. REPORT-IN-BRIEF: (page 1) Staff: "However, the City's sign regulations only allow an EMC to be 10% of the overall sign area if on a pole sign or maximum of 8 square feet if mounted on a building or freestanding." Fact: Mr. Lowell has previously made it clear to staff that the sign regulations DO NOT APPLY TO A SIGN PROGRAM. Despite that, Staff continues quote the City Sign Regulations giving the impression that they must.be followed. ARCHITECTURAL REVIEW COMMISSION ACTION: (Page 2) Staff. "However, a sign program,which included exceptions to the Sign Regulations to allow a greater number of signs, was approved°. Fact.Once again, Staff is referring to regulations for which exceptions were granted. No exceptions were requested and no exceptions were granted. A sign program falls outside of Articles III and IV of the Sign Regulation. Their statement that our Sign Program was approved by granting exceptions is false and misleading. DESCRIPTION OF THE EMC SIGN: (Page 2) Staff. "If proposed as part of a pole sign, the maximum area of the EMC may only be 10% of the sign face°. Fact: This regulation DOES NOT APPLY. This regulation is contained within Article IV, which does not apply to a sign program. Again, staff has been told this by the City Attorney. Staff: "The face of the sign is approximately 72 square feet with an electronic portion consisting of nearly half the sign face." "As proposed; the EMC is approximately 30 square feet and'is therefore inconsistent with regulations." Fact 1: The EMC is exactly 25 sq. ft, not"approximately 30°as stated by staff. In addition, the EMC is approximately 1/3 of the sign face, not %as calculated by staff. (One-half of 72 sq. ft. is 36, 1/3 of 72 is 241) Staff has had plans in their possession for 10 months so they've had time to check their calculations, and I corrected their miscalculations previously at the ARC Meeting on 9/18/06. Fact 2: Sign Regulations DO NOT APPLY to this sign program; therefore, the EMC is not "inconsistent with regulations.°This is false and misleading. APPLICANT'S APPEAL OF ARC APPROVED SIGN PROGRAM: (Page 3) Staff: "In his evidence for appeal, the appellant states that he will install additional signs at the property if the sign program with an EMC is denied°. Fact: My statements have been misquoted and/or misunderstood. If the EMC is denied, I would be faced with the choice of proceeding with the approved sign or subdividing the property and selling individual parcels, each of which may have a sign. This project must be economically viability for me to proceed. With inadequate signage, it is not. ANALYSIS OF APPEAL ISSUES: (Page 3) 1. ARC APPROVED SIGN PROGRAM IS ADEQUATE: Staff: "ARC APPROVED SIGN PROGRAM IS ADEQUATE" Fact: This is staff opinion and is not based on any regulation or ordinance. 2. ATTENTION GETTING SIGNS ARE NOT APPROPRIATE IN THE GS ZONE: Staff: "Unlike retail uses, street exposure for the name of each business is not key to attracting customers. The general plan map has designated this area for service and manufacturing uses." "This is particularly appropriate in the airport area, given its emphasis on uses other than retail". Fact 1: This is Staffs opinion. The City Council has approved a car dealership directly across the street from Airport Business Center. Few types of retail centers are larger than car dealerships and the car dealership is WITHIN the Airport Specific Plan. Fact 2: This project is zoned "CS." MC Section 17.22.010 "Allowed use by Zone: Retail Sales" include: auto and auto parts sales, building and landscape material sales, farm supply and feed stores, furniture and appliance sales, boat sales, produce sales. In addition, tile shops, paint stores, carpet stores etc. are also allowed in the CS zone. These are ALL retail uses and could potentially be owners or tenants in this project. Staff. "The airport area specific plan contains specific standards that dictate the type of signs that are appropriate...although this property is not within the specific plan area, it is directly across the street from it and should complement the vicinity." Fact: This project and signs complement the vicinity because they fulfill staffs desire for an agrarian style and airport theme. In addition, as staff states, this project is NOT in the airport specific area, and as such, its rules DO NOT APPLY. The agrarian design standards were waived for the car dealership that is proposed for across the street. Staff. 'Throughout San Luis Obispo, the City's intent is that signs identify and locate, rather than advertise and sell." Fact: Once again part of the sign regulations and Staff opinion. Section 15.40.110 of Sign Regulations, "Intent and Purpose"do not include staffs statement. The regulations do state that the city wants to "encourage the effective use of signs as a means of communication," something we have worked hard to accomplish. Signs are designed to advertise and sell. 3. EMC EFFECTIVENESS AND TRAFFIC CONCERNS: (Page 4) Staff.-"EMC s are not an effective strategy for identifying multiple businesses and can create a traffic hazard°. Fact: Staff is stating an opinion, which is not shared by this applicant nor by research. I would direct you and your staff to http://www.grandwell.com/selecLhtm. This website provides extensive information on the effectiveness of an EMC. Staff. "At the posted speed limit of 55 mph, a driver on Highway 227 will only have a few seconds to view the proposed EMC.° In fact, Cal Trans designs their EMC sign to be readable in 5 seconds or less." Using the EMC to identify 16 different tenants would require the message to change more frequently than every second or faster if'community benefit' messages are added to the mix. At this interval, the EMC could very likely become distracting to drivers, as it quickly flashes different information (e.g. 16 tenant names).When used in this manner, the EMC functions like an 'attention getting device' that is prohibited by the sign regulations." Fact 1: 1 have never proposed a flashing, scrolling sign or other attention-getting device. My intention is to place text on the sign that may be unchanged for hours, even days at a time, without flashing or scrolling. Fact 2: Staff states that 5 seconds is too little time to gain any benefit from an EMC. Yet, they encouraged ARC to have me remove $100,000 worth of building, eliminate trees and relocate a sign so that a driver, with his/her head tumed at a 80 degree angle, at just the right moment, in a car traveling at 55 mph, would increase his/her view of the mountains by 300 milliseconds. 14. THE CITY DOES NOT RTE SIGN.CONTENT: (Page 4 Staff: "EMCs have significant potential to display unanticipated and unintended information" Fact: We already have signs in the city capable of doing just that (Downtown Cinema's, Central Coast Furniture). City regulations do not allow the city to regulate the content of any sign. Yet, staff is trying to do that with their proposed conditions of approval! 5. SIGNS ALLOWED WITHOUT A SIGN PROGRAM: (Page_5) Staff: `Therefore, if the applicant withdraws the sign program and applies for a separate sign permit package, the ARC will be bound by limitations of the regulations which allow only one monument sign per premises." Fact: My option is to withdraw the entire project (not just the sign program) from the city, subdivide the property into sic parcels each with more than 100 feet of Broad Street frontage, and market those parcels as separate properties, each of which would be a separate premise. The city would then have six different parcels, sic different premises, six different owners, sic different projects and six different ideas as to what is a compatible design with this neighborhood. I (and I believe the City) would prefer to have a uniform look to the project, rather than 6 different projects. CONCLUSION: (Page 5) Staff. "Staff believes a large EMC at the gateway to the city, along 227 would be ineffective, potentially unsafe and distract from the pleasure of observing the City's natural scenic beauty". Fact: We will show by our computer-generated drive-by that this sign does none of the above. Staffs statement that it would be °ineffective" is their opinion. However, they are not financially responsible for the economic success of this development. I am and that is a risk that I am willing to take.To state that it is potentiallyunsafe is a correct statement It is only potentially unsafe if it becomes an attention-getting device, which is not, and never has been, my intention. With respect to staffs citing of Sign Regulations and Community Design Guidelines, I offer the following regarding my sign program: a. This sign program meets or exceeds Section 15.40.485 for Sign Programs. b. It is not an afterthought c. It creates a dean integrated look with coordinated colors and materials. d. It creates adequate signage for multiple tenants using a fraction of allowed square footage of signage. e. It decreases the total number of signs on the project. f. It cannot be successfully implemented or be effective without an EMC of the proper scale. CONCURRENCES: (Pane 5 Staff: Refers to Police and Public Works positions. Fact: No one in the Police or Public Works Departments has contacted me to discuss the proposed use of this sign. Staffs concurrences with Public Works and the Police Department appear to be based on Staffs presentation that this sign is an "attention getting device"with a changing or scrolling message. That has never been presented nor is it proposed. Therefore, the concurrences DO NOT APPLY. Thank you for incorporating this document into your public record. zm$V604 Applicant/Appellant CC: City Council and Mayor