HomeMy WebLinkAbout11/14/1989, 2 - APPEAL OF ARCHITECTURAL REVIEW COMMISSION (ARC) DENIAL FOR MAINTAINING THE EXISTING POLE SIGN WITH MEETING DATE:
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COUNCIL AGENDA REPORT NUMBEI4
FROM: Randy Rossi, Interim Community Development Director
BY: Gary Price, Associate Planner. .;
SUBJECT: Appeal of Architectural Review Commission (ARC) denial for maintaining
the existing pole sign with an attached reader panel at the Howard Johnson
Motel at 1585 Calle Joaquine (SA 4099).
CAO RECOMMENDATION
Adopt resolution denying the appeal and affirm the ARC's action approving a small
height and size exception to the sign regulations.
SUMMARY
The ARC denied a request to have a taller and larger sign than allowed by a new
provision of the city's sign regulations allowing exceptions for non-conforming signs which
act as a neighborhood landmark or focal point (The ARC did approve size and height
exceptions smaller than those requested). The applicant has appealed to the council
SIGNIFICANT IMPACTS/CONSEQUENCES OF NOT TAKING AN ACTION
Approving the request will allow the existing sign to remain as is which is a larger sign
than other permitted signs in the area and could set the precedent in allowing other non-
conforming amortized signs and larger new signs, that don't meet current standards.
Other non-conforming amortized signs in the vicinity have been removed at the direction
of the ARC. Denying the request, but approving a smaller exception, would allow
erection of sign (s) similar to other approved conforming signs in the area. Denial of
the request and upholding the ARC's action would also affirm the city's sign amortization
program.
DISCUSSION
Situation/Background:
The motel's existing pole sign does not conform with the city's Sign Regulations.
According to the regulations, the sign's amortization period ended in 1987, so it must be
removed or made to conform. The applicant requested the ARC to approve the sign
to remain as is on the basis that it is a neighborhood landmark or focal point.
As you may recall, the council reviewed a similar request last year. At its November 15,
1988 meeting, the council denied the appeal upholding the ARC's denial finding that
the sign's size and height are in excess of that allowed in the Calle Joaquin area and
city of san Luis oBispo
COUNCIL AGENDA REPORT
Page 2
that approving such an exception would constitute the granting of a special privilege, an
entitlement inconsistent with limitations placed upon other properties in the vicinity with
the same zoning.
Soon after, council amended the sign regulations to allow the ARC to consider
exceptional circumstances to warrant non-conforming signs which act as a neighborhood
landmark or focal point while not disrupting views of prominent community landscape
features. The applicant then filed the current request on the basis that the existing sign
is a neighborhood landmark or focal point due to artistic merit. The ::ommission also
gave direction to remove the sign within 60 days of the meeting. The he applicant has
appealed to the council.
Data Summary
Applicant: Howard Johnson's Motel
Representative: Ronald Harris
Owner: Howard Johnson Company, Inc.
Zoning: C-T
Land Use Element map: Tourist commercial
Environmental Status: Categorically exempt
Evaluation
1. The Request:
In the Calle Joaquin area, freestanding signs are limited to 16 feet in height and 72
square-feet in area. The existing sign is 45 feet tall, and has an area of approximately
530 square-feet with an attached 36 square-foot reader panel. Motels and restaurants in
the C-T zones, outside the Calle Joaquin area may have 25 foot-tall, 72 square-foot signs.
2. Landmark/Focal Point Considerations:
The new revised sign regulations include a provision, which adds to the existing list of
possible reasons for granting an exception as follows:
A non conforming_sign that acts as a neighborhood landmark or focal point while
not disrupting views of prominent community landscape features.
The applicant is claiming that over the years the sign has become a neighborhood
landmark or focal point for the Calle Joaquin area therefore warranting exception based
on the findings of the new regulations. In the appeal statement, the applicant'
representative states:
I
�1��1i�NI�iIIIIp�P� u� ill MY Of San LUIS OBiSPO
WHIZA COUNCIL AGENOA REPORT
Page 3
"The appellant is seeking to retain the existing sign, due to potential economic
losses that would result from loss of visibility from Highway 101, and to retain
its relative advertising status in relation to competitors who retain existing non-
conforming signage, and as a neighborhood landmark or focal point."
By virtue of its'size the Howard Johnson sign has become a focal point, but, staff and
the ARC feel that the sign does not contribute to the community, nor does it act as a
significant landmark. Except for the Carpenter's Rexall sign, at Marsh and Broad Streets,
no exceptions have been granted for existing non-conforming signs under the new
regulations. In fact, several larger freeway oriented signs, such as the Arco, Texico and
Chevron gas stations have been removed to comply with the city's sign regulations or by
direction by the ARC. An exception to a new pole sign was granted by the ARC for
the nearby Allstar's Inn (80 square-feet area, 20 feet tall). The ARC granted the same
exception to the applicant's Howard Johnson sign.
The new ordinance states that when granting an exemption for a legal non-conforming
sign, the architectural review commission shall require that as many non-conforming
elements of the sign be eliminated while allowing its basic form and character to remain.
Should the council choose to approve the sign, staff suggests that the attached reader
panel be removed. Staff feels there are no circumstances which warrant add-on message
signs along the freeway.
4. General Plan Consistency:
According to the Scenic Highways Element of the General Plan, views of important
scenic resources from major streets should be preserved and improved to the maximum
extent possible. Highway 101 and Los Osos Valley Road are classified roads of "High
Scenic Value". As a policy, all freestanding signs along scenic roads should be low-
profile and low-contrast requiring Architectural Review Commission approval. Removal
of the sign would, in staffs opinion, be consistent with the goals and policies of the
general plan.
S. Other Considerations:
The city is actively pursuing a sign enforcement program which will eventually require
compliance of other non-conforming signs throughout the city, including many other
freeway oriented signs. The Council and the Freeway Signing Subcommittee are currently
seeking ways to better identify businesses dependent on freeway users. The City recently
introduced a resolution to the League of California Cities for support of legislation to
allow freeway directional signage for motels, restaurants and gas stations. The goal has
been to adequately identify these businesses while having removed larger non-conforming
signs which disrupt scenic vistas along the freeway. Howard Johnson's motel, among
other businesses along the freeway are expected to be included in the directional signage
program. I
I,,H�� i(�IIIIIIIIIP ���lll city of san tins osispo
COUNCIL AGENDA REPORT
Page 4
ALTERNATIVES
The council may:
1. Uphold the appeal and approve the exception as requested (staff suggests having
the reader board removed with this action).
2. Deny the appeal, but approve the sign larger and/or taller than otherwise allowed.
3. Deny the appeal, requiring any new sign to meet the current limits.
4. Continue action.
OTHER DEPARTMENT COMMENTS
This item was not routed to other departments for comments.
CITIZEN PARTICIPATION
On October 2, 1989, the ARC unanimously voted to deny the requested exception, and
to approve an exception allowing a 20 foot tall, 80 square-foot in area sign. The ARC
found that the sign is not a neighborhood landmark or focal point since it does not
contain any significant cultural, historical, architectural or artistic merit; the sign disrupts
views of prominent comunity landscape features and vistas; the sign not consistent with
the goals and policies of the general plan; and the sign is out of character and is not
compatible with other signs in the area. The Howard Johnson's Motel Manager spoke
in favor of the request; no other public testimony was received.
RECOMMENDATION
Adopt the attached resolution denying the appeal and direct the applicant to remove
the existing sign or make it conform within 60 days (January 13, 1989).
Attached: map
Sign photos
Cr.,
ft resolution to deny appeal
lDaft resolution to uphold appeal
Applicant's statement
Draft ARC minutes, October 2, 1989
Excerpts from revised sign ordinance
I
RESOLUTION NO. (1989 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL FROM THE ARCHITECTURAL REVIEW COMMISSION
DENYING AN EXCEPTION TO THE SIGN REGULATIONS TO ALLOW
EXISTING POLE SIGN (SA-4099, 1585 CALLE JOAQUIN)
WHEREAS, the Architectural Review Commission on October 2, 1989,
considered the application by Howard Johnson Company"for an exception to the city's
Sign Regulations to allow an existing pole sign and attached reader panel at 1585
Calle Joaquin and denied the request upon determining that the sign is not a
neighborhood landmark or focal point since it does not contain any significant
cultural, historical, architectural, or artistic merit; the sign disrupts views of prominent
community landscape features and vistas; the sign is not consistent with the goals and
policies of the general plan; and the sign is out-of-character and is not compatible
with other signs in the area; and
WHEREAS, the applicant appealed that decision to the City Council,
the council has considered the testimony and statements of the applicant, records of
the Architectural Review Commission's actions, and the evaluation and
recommendation of staff, and.
WHEREAS, the council determines that the action of the Architectural
Review Commission was appropriate;
NOW, THEREFORE, the council resolves to deny the appeal and
affirm the action of the Architectural Review Commission.
On motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
Resolution No. (1989 Series)
SA-4099, 1585 Calle Joaquin
Page 2
the foregoing resolution was passed and adopted this day of
1989.
Mayor
ATTEST:
City Clerk
APPROVED:
City dministrative Officer J
Cx4romly
Community Development Director
40
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`— RESOLUTION NO. (1989 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
UPHOLDING AN APPEAL FROM THE ARCHITECTURAL REVIEW COMMISSION
AND APPROVING AN EXCEPTION TO THE SIGN REGULATIONS TO ALLOW
EXISTING POLE SIGN (SA-4099, 1585 CALLE JOAQUIN)
. WHEREAS, the Architectural Review Commission on October 2, 1989,
considered the application by Howard Johnson Company for an exception to the city's
Sign Regulations to allow an existing pole sign and attached reader panel at 1585
Calle Joaquin and denied the request upon determining that the sign is not a
neighborhood landmark or focal point since it does not contain any significant
cultural, historical, architectural, or artistic merit; the sign disrupts views of prominent
community landscape features and vistas; the sign is not consistent with the goals and
policies of the general plan; and the sign is out-of-character and is not compatible
with other sings in the area.
WHEREAS, the applicant appealed that decision to the City Council,
the council has considered the testimony and statements of the applicant, records of
the Architectural Review Commission's actions, and the evaluation and
recommendation of staff; and
WHEREAS, the council determines that the action of the Architectural
Review Commission was not appropriate and that the requested exception is
warranted since the sign acts as a neighborhood landmark or focal point due to its
artistic merit; the sign will not disrupt views of community landscape features; the sign
is consistent with the goals and policies of the general plan; and the sign is in
character with other signs in the area;
NOW, THEREFORE, the council resolves to uphold the appeal and
approve the requested exception.
On motion of seconded by
and on the following roll call vote:
�-7
Resolution No. (1989 Series) �l
SA-4099, 1585 Calle Joaquin
Page 2
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this day of
1989.
Mayor
ATTEST:
City Clerk
APPROVED: _-
City Administrative Officer
ty to y
Community Development Director
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990 Palm SlreetlPost Office Box 8100 • San Luis Obispo, CA 93403.8100
APPEAL TO CITY COUNCIL
In accordance with the appeals procedure as authorized by Title 1 , Chapter
1 .20 of the San Luis Obispo Municipal Code, the undersigned hereby appeals
from the decision of ARCHITECTURAL REVIEW COMMISSION rendered
on October 2_, 1989_, which decision consisted of the following ( i .e.
set forth factual situation iind the grounds for .submitt-ing this appeal .
Use additional sheets as needed) :
Agenda Item SA-4099 concerning required removal of the existing free-
standing sign in the Howard Johnson Motel and Restaurant at 1585 Calle
Joanquin.
The Commission voted to require the appellant to remove and replace
the existing sign with the new sign. The appellant is seeking to retair
the existing sign, due to potential economic losses that would result
from loss of visibility from Highway 101, and to retain its relative
advertising status in relation to competitors who retain existing non-
conforming signage, and as a neighborhood landmark or focal point.
The undersigned discussed the decision being appealed from with:
uu
Appellant:
Date Appeal Receival: Ii9p1p_JOHIy,SS2l`L�19TE �_ ST�,URANT
/Tii-tle
3�NAL�_`�A138�5�t�52tI1ey_�_I.aw
RE C E I V L Representative
11 Q_Grand Avenue Arroyo Grande
OCT 12 1989 Address
CITY CLERK 18051- 481—_2626
SAN LU11SOBISP6.CA Phone
Original for City Clerk
Copy to City Attorney
Calen are for:. Copy to City Administrative Officer
Copy to the, fo W owing deuartm nt(s) :/� .
ity Clerk � Pwjq
ty
!�i�Ilillil�.I�I1''!' III Iii C� SiVc oBiVc� of I!Ipo
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ate' yy eawxmy_3.u.9
lez
990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403.8100
October 6, 1989
Howard Johnson Company
1585 Calle Joaquin
San Luis Obispo, CA 93401
Subject: SA-4099 1585 Calle Joaquin
Howard Johnson's Motel & Restaurant
The Architectural Review Commission, at its meeting of October 2, 1989, denied your
request for an exception to the Sign Regulations to allow an existing 45-foot height
and 530 square feet in area, with a 36 square foot reader panel freestanding sign at
the above address based on the following findings:
1. The sign is not a neighborhood landmark, or focal point since it does not
contain any significant cultural, historical, architectural or artistic merit.
2. The sign disrupts views of prominent community landscape features and vistas.
3. The sign is not consistent with the goals and policies of the general plan.
4. The sign is out of character and is not compatible with other signs in the area.
The Architectural Review.Commission asks that the existing sign be removed or made
to conform within 60 days (December 1, 1989).
In a separate action, the commission did approve an exception allowing a freestanding
sign not to exceed 20 feet in height and 80 square feet in area based on the following
Findings, with staff to approve the sign details and location.
Findings
1. The site location and situation is visually obstructed from south bound Highway
'101 traffic.
2. A primary source of business- for this motel is from travelers on Highway 101
and, therefore, signage visibility is essential for directing and attracting business.
The decision of the commission is final unless appealed to the City Clerk within ten
days. An appeal may be filed by any person aggrieved by a decision of the
commission.
J
Howard Johnson Compary
October 6, 1989
Page 2
Minutes of this meeting will be sent to you as soon as they are available.
If you have any questions, please contact Gary Price at 549-7169.
Sincerely,
Ken Bruce
Senior Planner
cc: Ronald Harris
KB:bee/arc
j -t3
draft ARCHITECTURAI. REVIEW COMMISSION Minutes
October 2, 1989
A. SA-4099: 1585 Calle Joaquin; request for exceptions to the Sign Regulations to
allow a larger and higher freestanding sign for Howard Johnson's Motel and
Restaurant; C-T zone.
Gary Price, Associate Planner, presented the staff report recommending the
commission deny the exception and direct the applicant to remove the existing sign
within 60 days.
Debra Addins, Manager of Howard Johnson, responded to the staff report and noted
the size of the sign had made it a neighborhood focal point. She indicated the sign's
size was needed for identification and direction. She also noted previous actions on
the Rexall sign and compared her sign to the Denny's sign nearby. She felt the
commission could grant the exception due to the sign's artistic merit.
Commr. Bradford felt it would be difficult to make the findings and felt the sign did
not provide a local focus. She noted her opposition to the Rexall sign approval.
Commr. Jones would only support a minor exception to the Sign Regulations. - 1
Commr. Starr did not think this sign was a landmark and also noted his opposition to
the Rexall approval. He noted to be considered a landmark or historically significant,
the sign had to be at least fifty years old.
Commr. Cooper agreed with the staff report.
Commr. Bradford moved to deny the exception request based on the following
findings and with direction to remove the existing sign or make it conform to Sign
Regulations within 60 days (December 1, 1989):
1. The sign is not a neighborhood landmark or focal point since it does not
contain any significant cultural, historical, architectural or artistic. merit.
2. The sign disrupts views of prominent community landscape features and vistas.
3. The sign if not consistent with the goals and policies of the general plan..
4. The sign is out of character and is not compatible with other signs in the area.
Commr. Starr seconded the motion.
ARC Minutes
October 2, 1989
Page 2
AYES: Bradford, Starr, Jones, Chatham, Cooper
NOES: None
ABSENT: Gates, Morris
The motion passes.
Commr. Starr moved to approve an exception allowing a freestanding sign not to
exceed 20 feet in height and 80 square feet in area based on the following findings
with staff to approve the sign details and location.
1. The site location and situation is visually obstructed from southbound Highway
101 traffic.
2. A primary source of business for this motel is from travelers on Highway 101
and, therefore, signage visibility is essential for directing and attracting business.
Commr. Jones seconded the motion.
AYES: Starr, Jones, Bradford, Chatham, Cooper
NOES: None
ABSENT: Gates, Morris
The motion passes.
ORDINANCE NO. 1125 (1988 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING CHAPTER 15.40 OF THE MUNICIPAL CODE,
SIGN REGULATIONS
WHEREAS, the City Council has held a hearing to consider amendments to the Municipal
Code regarding criteria for granting sign exceptions as indicated in the attached
administrative draft labeled Exhibit -A;' and
WHEREAS, the proposed amendments have been evaluated (ER 88-60) in accordance with
the California Environmental Quality Act and the Community Development Director has
granted a Negative Declaration in accordance with city and state environmental
guidelines; and
WHEREAS, the proposed amendments promote the public health, safety, and general
welfare;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as -
1
follows:
SECTION 1. That the amendments to Chapter 15.40.080 B., Sign Regulations, attachcd
hereto marked Exhibit "A' and included herein by reference, be approved.
SECTION 2. After City Council review• and consideration, the negative declaration
granted by the Community Development Director is hereby confirmed.
SECTION 3. This ordinance, approved by the City Attorney, together with the ayes and
noes, shall be published at !cast five (5) days prior to its final passage in the
Telegram-Tribune, a newspaper published and circulated in said city, and the same shall
go into effect at the expiration of thirty (30) days after its said final passage.
v�o 1125
n
Ordinance No. 1125 (1988 Series)
Page 2
INTRODUCED by the Council of the City of San, Luis Obispo, at its meeting held on
the 15th day of November . 1988, on motion of Mayor .Dunin
seconded by Councilwoman Pinard and on
the following roll call vote:
AYES: Mayor Dunin, Councilmembers Pinard and Settle
NOES: Councilmembers Rappa and Reiss
ABSENT: None
Mayor Ron Dunin
ATTES • r )
V
C City q erk Pam Vogt
APPROVED:
City Ad inistrative Officer
City Att ey
Community Development Director
i~
VL11111"11vC
EXHIBIT "A"
Sign Ordinance Amendment
Add the following underlined provisions to Scction 15.40.080 B. of the sign regulations:
Application to the architectural review commission shall include reasons or
exceptional circumstances which warrant consideration for exceeding these standards
such as:
1. Non-conforming use,
2. Visual obstruction,
3. Unusual building location on-site,
4. Anon-conforming sign that acts as a neighborhood landmark or focal point while
not disrupting views of prominent community landscape features.
When granting an exemption for a legally non-conforming sign, the.architecrural
review commission shall rcouirc that as many non-conforming elements of the sign be
eliminated while allowing its basic form and character to remain.
ORDINANCE NO. 1125 (1988 Series)
FINALLY PASSED this 6th day of December ,
1988, on motion of Councilman Settle seconded by
Mayor Dunin and on the following roll call
vote:
AYES: Councilmembers Settle, Dunin, Pinard Rappa and Reiss
NOES: None
ABSENT: None
I
Mayor Ron Dunin
ATTEST:
City' lerk Pam vog
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IIIII IIIII city Of SAII WIS 0131SPO____�
9ggl�� 'jl15 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
1 .20 of the San Luis Obispo Municipal Code, the undersigned hereby appeals
from the decision of ARCHITECTURAL REVIEW COMMISSION rendered
on October 2, 1989_, which decision consisted of the following ( i .e.
set forth factual situation and the grounds for submitting this appeal .
Use additional sheets as needed) :
Agenda Item SA-4099 concerning required removal of the existing free-
standing sign in the Howard Johnson Motel and Restaurant at 1585 Calle
Joanquin.
The Commission voted to require the appellant to remove and replace
the existing sign with the new sign. The appellant is seeking to retai
the existing sign, due to potential economic losses that would result
from loss of visibility from Highway 101 , and to retain its relative
advertising status in relation to competitors who retain existing non-
conforming signage, and as a neighborhood landmark or focal point.
The undersigned discussed the decision being appealed from with:
Oil
Appellant:
nate Appeal. Received: HO�T�$Qs711,S9LL07��T+ &_ RS,T1URANT
e/Title
cila Ator•nev__a±,yaw
R E C E 8 V ED Representative
�7 123Q—GrAnd_gvenue, Arroyo Grande
OCT 1 2 1989 Address
Cr.ry CLERK (805) 481-2626
SAV 4_WS 0SZPO,,C,A Phone
Original for City Clerk
Copy to City Attorney
Cale n are for: / Copy to City Administrative Officer
(f�
Copy nnto/�the fo owing de%rtm nt(s) :
`City Clerk
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