HomeMy WebLinkAboutR-10755 - SLO City Council denying appeal of ARC for 1144 Chorro STRESOLUTION NO. 10755 (2016 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, DENYING THE APPEAL OF THE
ARCHITECTURE REVIEW COMMISSION'S DECISION TO APPROVE
A REMODEL OF AN EXISTING COMMERCIAL STRUCTURE,
LOCATED AT 1144 CHORRO STREET, WHICH INCLUDES A REQUEST
FOR A MARQUEE SIGN AND OTHER EXCEPTIONS FROM THE SIGN
REGULATIONS, WITH A CATEGORICAL EXEMPTION FROM
ENVIRONMENTAL REVIEW AS REPRESENTED IN THE CITY
COUNCIL AGENDA REPORT AND ATTACHMENTS DATED
NOVEMBER 15, 2016 (1144 CHORRO, ARCH -3773-2016)
WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo conducted
a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo,
California, on June 22, 2015, and unanimously found the project consistent with Historic
Preservation Guidelines, subject to findings and conditions of CHC Resolution No. 1008-15
pursuant to a proceeding instituted under ARCH -1376-2015, Discovery San Luis Obispo,
applicant; and
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted a public hearing in the Council Chambers of City Hall, 990 Palm Street, San Luis
Obispo, California, on July 20, 2015, unanimously approved the project, subject to findings and
conditions of ARC Resolution No. 1014-15 pursuant to a proceeding instituted under ARCH -1376-
2015, Discovery San Luis Obispo, applicant; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chambers of City Hall, 990 Palm Street, San Luis Obispo, California, on September
15, 2015 pursuant to a proceeding instituted under two appeals of the Planning Commission's
action on July 22, 2015, the City Council unanimously denied both appeals and granted final
approval of the project (USE -1127-2015), subject to findings and conditions of City Council
Resolution No. 10669-15; and
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis
Obispo, California, on October 3, 2016, unanimously approved the exterior modifications and sign
package with exceptions, subject to findings and conditions of ARC Resolution No. 1021-16
pursuant to a proceeding instituted under ARCH -3773-2016, Discovery San Luis Obispo,
applicant; and
WHEREAS, on October 13, 2016, Camille Small, the appellant, filed an appeal of the
Architectural Review Commission's action on October 3, 2016; and
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Resolution No. 10755 (2016 Series) Page 2
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chambers of City Hall, 990 Palm Street, San Luis Obispo, California, on November
15, 2016, pursuant to a proceeding instituted under APPL-4006-2016, Camille Small, appellant;
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 applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings to deny the appeal of the Architectural Review Commissions decision, thereby
granting final approval to the project:
1. The project will not be detrimental to the health, safety, or welfare of those working or
residing in the vicinity because the project will be compatible with site constraints and
the scale and character of the neighborhood.
2. Consistent with the City's Community Design Guidelines, the project incorporates
articulation, massing, and a mix of color/finish materials that are compatible with the
neighborhood and complementary to other development in the downtown core which
is consistent with the previous project approval (ARC Resolution No. 1014-15).
3. The proposed project is consistent with the Land Use Element policy for the downtown,
due to the continuous storefront along the sidewalk that includes recessed entries,
dining areas, and includes windows, signs, and architectural details which can be
appreciated by people on the sidewalks (LUE policy 4.20).
4. The proposed project is an adaptive re -use of the existing building that further increases
the existing buildings compliance with the Downtown Design Guidelines by adding
recessed entryways and recessed outdoor dining areas.
5. The proposed marquee sign is consistent with the intent and purpose of the Sign
Regulations and will not result in visual clutter or constitute a grant of special privilege
toward the property or those in the vicinity, because the sign is of a superior design
specific to the concert venue which is typical of other theater like uses and is
architecturally compatible with affected structures and the character of surrounding
development. The marquee sign in this location is appropriate because it identifies a
separate concert venue, one that sells tickets and is located on a downtown side street.
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6. As conditioned, the projection of the marquee sign to extend six feet and six inches
over the width of the public sidewalk is appropriate to provide visibility of the marquee
sign as seen from Higuera Street and Marsh Street.
7. As conditioned, elimination of the raised logo sign above the entrance is consistent
with the intent of the Sign Regulations Section 15.40.110 to regulate the size, type and
location of signs to prevent the cumulative effect of numerous signs close to each other
that can result to be a detrimental impact which cannot be addressed in any way other
than by limiting the number and size of signs.
8. As conditioned, the sign exception to allow six signs where tenant spaces within the
Downtown Commercial District are normally limited to four signs (excluding the
marquee sign), is appropriate because the sign package will not result in visual clutter,
and is consistent with the intent of the Sign Regulations because the signage is designed
to achieve balanced composition and harmony with the building's architecture that
provides equality and equity among sign owners in the neighborhood.
SECTION 2. Environmental Review. The project is categorically exempt under Class
11, Accessory Structures; Section 15311 of the CEQA Guidelines, because the project consists of
the construction of on premise signs on an existing structure which will not have a significant
effect on the environment.
SECTION 3. Action. The City Council does hereby deny the appeal of the Architectural
Review Commission's action to approve the proposed project, hereby granting final approval of
the application ARCH -3773-2016 for a remodel of an existing commercial structure located at
1144 Chorro Street, which includes a request for a marquee sign and other exceptions from the
sign regulations, subject to the following conditions:
Planning Department
1. The Owner/Applicant shall defend, indemnify, and hold harmless the City or its agents,
officers, or employees from any claim, action, or proceeding against the City or its
agents, officers, or employees, to attack, set aside, void, or annul, in whole or in part,
the City's approval of this project. In the event that the City fails to promptly notify the
Owner/ Applicant of any such claim, action, or proceeding, or that the City fails to
cooperate fully in the defense of said claim, this condition shall thereafter be of no
further force or effect.
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2. Final project design and construction drawings shall be in substantial compliance with
the project plans approved by the ARC and the City Council. A separate, full-size sheet
shall be included in working drawings submitted for a building permit that lists all
conditions and code requirements of project approval included in this resolution as
Sheet No. 2, and shall also include all findings and conditions of CHC Resolution 1008-
15, ARC Resolution 1014-15 & City Council Resolution No. 10669 (2015 Series).
Reference should be made in the margin of listed items as to where in plans
requirements are addressed. Any change to approved design, colors, materials,
landscaping, or other conditions of approval must be approved by the Director or
Architectural Review Commission, as deemed appropriate.
3. Plans submitted for a sign permit shall substantially conform to the locations and sizes
shown on the sign package elevations. The Community Development Director shall
have the authority to approve minor changes to the sign package that (1) result in a
superior design and appearance, and/or (2) address a construction design issue that is
not substantive to the Architectural Review approval.
4. Plans submitted for a building permit shall eliminate the Raised Logo sign over the
entrance of the business along the Chorro Street elevation, and may be replaced with
two pedestrian scale signs at the main entry, to the satisfaction of the Community
Development Director.
5. Tenant signage shall be limited to a maximum of six signs for all types of signs,
including pedestrian scale logo signs, sandwich -board signs or larger window signs
(excluding the Marquee sign).
6. Plans submitted for a building permit shall limit the projection of the Marquee sign to
be no more than six feet and six inches over the width of the public sidewalk; the
underside of the Marquee sign shall be solid and substantially integrated with the
building to the ceiling of the recessed entry, to the satisfaction of the Community
Development Director and Chief Building Official.
7. The Raised Letter sign (Discovery) shall be reduced in size to 75% of what has been
proposed with the submitted project plans dated August 31, 2016, approximately 66
square feet.
8. Plans submitted for a sign permit shall call out the colors and materials of signage and
shall clearly indicate which portions of the signs do/do not illuminate. All proposed
exterior illumination including signage and the transom window panels shall be
designed to be dimmable with appropriate colors consistent with Chapter 17.23 of the
Zoning Regulations (Night Sky Preservation), to the satisfaction of the Community
Development Director. The portion of the marquee sign that is the marquee shall not
be internally illuminated or resemble an illumination style such as a cabinet sign which
is prohibited downtown.
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9. The proposed signage shall be designed so that illumination does not exceed ten foot-
candles measured at a distance of ten -feet from the sign, compliant with the City's Sign
Regulations.
10. The proposed signage shall not be illuminated after the close of business.
Engineering Division — Community Development Department
11. The final building plan submittal shall include complete flood proofing details in
accordance with the revised building fagade.
Transportation Division — Public Works Department
12. All sidewalk areas must maintain minimum clear passage width to the satisfaction of
the Public Works Director.
Upon motion of Council Member Christianson seconded by Council Member Ashbaugh and on
the following roll call vote:
AYES: Council Member Ashbaugh, Christianson, Rivoire, and
Mayor Marx
NOES: None
ABSENT: Vice Mayor Carpenter
The foregoing resolution was adopted this 15`" day of November 2016.
Mayor Ja arY
ATTEST:
Carrie Gallagher
City Clerk
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Resolution No. 10755 (2016 Series)
APPROVED AS TO FORM:
Stine Dietrick
City Attorney
Page 6
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this 5+h day of T)-ee 9,A �n a,Y _, D-40 k if .
Carrie Gallagher
City Clerk
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