Loading...
HomeMy WebLinkAbout05/17/1988, 1 - CONTINUATION OF REXALL DRUGSTORE SIGN APPEAL CONT RESOLUTION NO. (1988 SERIES) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S ACTION DENYING AN EXCEPTION TO ALLOW A NON-CONFORMING FREE- STANDING ILLUMINATED AND ROTATING POLE SIGN AND DENYING THE EXISTING WALL SIGN FOR CARPENTER'S REXALL AT 717 MARSH STREET (SA-3850) WHEREAS, the applicant requested an exception to allow a non-conforming freestanding illuminated and rotating pole sign and non-conforming wall mounted channel letter sign for Carpenter's Rexall at the above address; and WHEREAS, the Architectural Review.Commission reviewed the request at its April 18, 1988, meeting and denied the exception for the pole sign based on the finding that there were no exceptional circumstances which would justify exceptions to the sign regulations and continued consideration of the wall-mounted sign to allow for possible redesign; and and WHEREAS, on April 26, 1988, the applicant appealed the Architectural Review Commission's action to the City Council; and WHEREAS, on May 17, 1988, the City Council conducted a duly noticed public hearing to consider the testimony of the appellant and other interested parties; NOW, THEREFORE, the council of the City of San Luis Obispo denies the appeal and takes an action to deny the freestanding and large wall signs subject to the following findings: 1. There are no exceptional circumstances which would justify exceptions to the Sign Regulations limiting size and type in the Central-Commercial (C-C) zone. 2. The freestanding rotating sign is a visual nuisance to the area and is out of scale with other signs in the vicinity. 3. The larger wall sign is out of character and not compatible with other signs in the area. 4. The current sign regulations do not limit the applicant's ability to adequately identify or advertise his business equitably with other businesses in the same vicinity or in the Central Commercial (C-C) zone. /-.3 C� 0 C A p A O A O l�J ti A n O h i� 1 AS a b b M d *, A a a 0-] O r E, 0 A a O 0 e y o M co o z y y , y 0 00 h A N O r C O d W N 9 Le N N A a w D a .W 'd O 9 A d S r• N W O d 0 0 a O CI 13. O D A O r O r. D 00 r1 N n r O A D r a < A -0 ;o 03 A Cb N C 0 z O r �O 00 00 rA A h N v RESOLUTION NO. (1988 SERIES) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S ACTION DENYING AN EXCEPTION TO ALLOW A NON-CONFORMING FREE- STANDING ILLUMINATED AND ROTATING POLE SIGN AND REFERRING THE WALL SIGN BACK TO THE ARC FOR FURTHER REVIEW FOR CARPENTER'S REXALL AT 717 MARSH STREET (SA-3850) WHEREAS, the applicant requested an exception to allow a non-conforming freestanding illuminated and rotating pole sign and non-conforming wall mounted channel letter sign for Carpenter's Rexall at the above address; and WHEREAS, the Architectural Review Commission reviewed the request at its April 18, 1988, meeting and denied the exception for the pole sign based on the finding that there were no exceptional circumstances which would justify exceptions to the sign regulations and continued consideration of the wall-mounted sign to allow for possible redesign; and and WHEREAS, on April 26, 1988, the applicant appealed the Architectural Review Commission's action to the City Council; and WHEREAS, on May 17, 1988, the City Council conducted a duly noticed public hearing to consider the testimony of the appellant and other interested parties; NOW, THEREFORE, the council of the City of San Luis Obispo denies the appeal and takes an action to refer the wall sign back to the Architectural Review Commission for further review and to deny the freestanding subject to the following findings: 1. There are no exceptional circumstances which would justify exceptions to the Sign Regulations limiting size and type in the Central-Commercial (C-C) zone. 2. The freestanding rotating sign is a visual nuisance to the area and is out of scale with other signs in the vicinity. 3. The current sign regulations do not limit the applicant's ability to adequately identify or advertise his business equitably with other businesses in the same vicinity or in the Central Commercial (C-C) zone. —s 1 Resolution No. (1988 Series) Page 2 On motion of ___ _—__ - seconded by and on the following roll call vote:. AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this _day of. 1.988. .. Mayor -- - - ---- - -- - ATTEST: City Clens - - - APPROVED: City A ministrative Officer �010i y Attorn -- - --- Community Development Director RESOLUTION NO. (1988 SERIES) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S ACTION DENYING AN EXCEPTION TO ALLOW A NON-CONFORMING FREE- STANDING ILLUMINATED AND ROTATING POLE SIGN AND CONTINUING ACTION ON A NON-CONFORMING CHANNEL LETTER WALL SIGN FOR CARPENTER'S REXALL AT 717 MARSH STREET (SA-3850) WHEREAS, the applicant requested an exception to allow a non-conforming freestanding illuminated and rotating pole sign and non-conforming wall mounted channel letter sign for Carpenter's Rexall at the above address; and WHEREAS, the Architectural Review Commission reviewed the request at its April 18, 1988, meeting and denied the exception for the pole sign based on the finding that there were no exceptional circumstances which would justify exceptions to the sign regulations and continued consideration of the wall-mounted sign to allow for possible redesign; and and WHEREAS, on April 26, 1988, the applicant appealed the Architectural Review Commission's action to the City Council; and WHEREAS, on May 17, 1988, the City Council conducted a duly noticed public hearing to consider the testimony of the appellant and other interested parties; NOW, THEREFORE, the council of the City of San Luis Obispo upholds the appeal and approves both the freestanding illuminated rotating pole sign and the wall mounted channel letter sign based on the findings that the site and/or exceptional design of the signs meet the intent of the regulations and are compatible with surrounding signs and development. On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: 1 - 7 Resolution No. (1988 Series) Page 2 the foregoing resolution was passed and adopted this _ day of 1988. Mayor ATTEST: City Clerk APPROVED: Cittministrative Officer \7 y Attorn Community Development Director RESOLUTION NO. (1988 SERIES) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S ACTION DENYING AN EXCEPTION TO ALLOW A NON-CONFORMING FREE- STANDING ILLUMINATED AND ROTATING POLE SIGN AND DENYING THE NON-CONFORMING WALL MOUNTED CHANNEL LETTER SIGN FOR CARPENTER'S REXALL AT 717 MARSH STREET (SA-3850) WHEREAS, the applicant requested an exception to allow a non-conforming freestanding illuminated and rotating pole sign and a non-conforming wall mounted channel letter sign for Carpenter's Rexall at the above address; and WHEREAS, the Architectural Review Commission reviewed the request at its April 18, 1988, meeting and denied the exception for the pole sign based on the finding that there were no exceptional circumstances which would justify exceptions to the sign regulations and continued consideration of the wall-mounted sign to allow for possible redesign; and and WHEREAS, on April 26, 1988, the applicant appealed the Architectural Review Commission's action to the City Council; and WHEREAS, on May 17, 1988, the City Council conducted a duly noticed public hearing to consider the testimony of the appellant and other interested parties; NOW, THEREFORE, the council of the City of San Luis Obispo upholds the appeal and approves the freestanding illuminated rotating pole sign based on the findings that the site and/or exceptional design of the signs meet the intent of the regulations and are compatible with surrounding signs and development, but denies the wall-mounted channel letter sign based on the finding that the larger wall sign is out of character and not compatible with other signs in the area. On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: �- 9 Resolution No. (1988 Series) Page 2 the foregoing resolution was passed and adopted this _ day of 1988. Mayor ATTEST: City Clerk APPROVED: =A - ty Officer 6d Community Development Director 11 cityo san l�u�s oBispo 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 ARC SA3850 Carpenter's Rexall Drug rendered on April 18,1988 , which decision consisted of the following (i.e. set forth factual situation and the grounds for submitting this appeal. Use additional sheets as needed) : ARC denied the Rexall freestanding rotating pole sign and continued the hearing on their wall sign. 7hey rejected requests for a variance and completely disregarded the fact that these signs were originally installed under a contract with the City of San Luis Obispo. All permits and conditions of this contract were obtained and honored by Carpenter's Rexall Drug. It is a sad state of affairs when a City Administrationwill nott honor a contract entered into by a previous City Administration . Under present conditions, our simplest and next recourse is to ask the City Council to declare our sign a Landmark Sign or approve a variance that will enable • :.:i Rexall Drug to retain their present signing. We intend to present additional facts at the time of our hearing, since time is of the essence in getting this appeal on file. The undersigned discussed the decision being appealed from with: Ken Bruce on 4-15-1988 Appellant: RECEIVED Carpenter's Rexall Drug Name/Titl APR 2 6 199 James P. Jones w sow Aw siw cA Representative 717 Marsh Street, S.L.O. 93401 Address ( 805) 543-7874 Phone Original for City Clerk Copy to City Attorney Calefsdarld for: �' Copy to City Administrative Officer Co y to the following department(s): City Clerk Draft ARC Minutes April 18, 1988 D. SA-3850: 717 Marsh Street; request for exceptions to the Sign Regulations to allow a bigger wall sign and a freestanding rotating pole sign at Carpenter's Rcxall Drug Store; C-C zone. Judith Lautner, Associate Planncr, presented the staff report, recommending denial of the signing request based on findings listed in the staff report. James P. Jones of Rexall Drugs responded to the staff report and submitted a copy of a newspaper article regarding increased tourism in the county. He reit that the sign regulations restricted the free enterprise system causing prices to rise. He indicated that he needed identification for his business in an area that was visible to the public. He also said that the signs were well-maintained. Commr. Morris felt the applicant had made a good presentation and noted that signage was a form of advertising. However, he indicated that he saw more of the Rcxall logo on mailouts he has received than at the site. He noted it was city policy to do away with all pole signs downtown. While he felt the existing sign was unique and he liked it, he did not feel it was appropriate in the downtown arca. He also felt redesign was needed for the existing wall sign. Commr. Bradford felt the sign was a landmark in that it was easily visible from the business district, but had no historical significance. She also felt the pole sign was too high, but had no strong feelings about the wall sign. Commr. Gates agreed with Commr. Bradford's comments. She felt it was better to update the business' image by modifying the wall sign. Commr. Starr felt the sign amortization program applied to this sign. Commr. Jones felt the sign did not evoke the current image of the downtown, but had no adverse feeling about the sign. Commr. Cooper noted the intent of the sign regulations requirements for the downtown was to keep signs at a pedestrian level. He felt the sign was too cyccatching and would prevent views of trees in this arca. Commr. Morris moved to deny the freestanding pole sign subject to the finding that there arc no exceptional circumstances which would justify exceptions to the Sign Regulations limiting size and type in the Central-Commercial (C-C) zone. Commr. Bradford seconded the motion. AYES: Morris, Bradford, Jones, Gates, Starr, Cooper NOES: None ABSENT: Baur The motion passes. Commr. Morris moved to continue consideration of thc..cxistipg .wall sign. Comms. Gates seconded the motion. AYES: Morris, Gates; Bradford,_ Joncs; Starr, Cooper NOES: None ABSENT: Baur The motion passcs. city o� san Luis ogispo DEVELOPMENT STAFF REPORT FOR Architectural Review-Commission MEETING DATE April 18, 1988 BY Gary rice, Associate Planner ITEM NO, D J PROJECT ADDRESS 717 Marsh Street FILE NO, SA-3850 SUBJECT: Exceptions to sign regulations for-the non-compliance signage for Carpenter's Rexall Drug Store SUMMARY RECOMMENDATION: Denial BACKGROUND Situation The applicant is requesting approval to allow all existing non-compliance signs at Carpenter's Rexall. ARC approval is required to allow deviations from the city's sign regulations as follows: Proposed Allowed Sign No. I Freestanding, illuminated Freestanding signs not pole-mounted rotating 210 sq. ft. permitted. area identification sign, 30 ft. in height. Sign No. 2 Wall mounted channel letter 222 Maximum 150 sq. ft. each sign, sq. ft. sign, 12 ft. in height not to exceed 15 percent of the encompassing 14 percent of the building face, and not to be building wall. located above the second story. Combined Two wall signs, and one pole sign Maximum of four signs not to for a total combined sign area of exceed 200 sq. ft. combined 467 sq. ft. signage. Data Summary Address: 717 Marsh Street Applicant: James P. Jones, Carpenter's Rexall Zoning: C-C General Plan: Retail-Commercial Environmental Status: Categorically exempt J - ly .1).11ll Page 2 Staff Report Site Description The 25,970 sq-ft (.60 acre) site, located at the southeast corner of Marsh and Broad Streets, contains Carpenter's Drug Store, Jason's Hair Salon and a parking lot. The pole sign is located in the parking lot setback approximately two feet from the corner right-of way. The wall sign is located on the southwest wall of the concrete block Rexall building. The only conforming sign is located over the building entry, facing toward the street. Surrounding land uses consist of auto repair to the east, a title insurance office and parking lot to the north, a shopping center to the south across Broad Street and the San Luis Obispo Beauty College and miscellaneous retail/service shops to the west across Marsh Street. Conforming signage in the vicinity includes an assortment of awning and painted wall signs with some channel letter can signs in the nearby shopping center. Evaluation 1. Sinn Amortization The city adopted an amended set of sign regulations in July of 1980 intended to make San Luis Obispo a better place to live. The new standards set an abatement program into effect which identified non-conforming signs throughout the city. The new regulations amortized these signs, including Rexall's signage, requiring them to be brought into compliance over a period of time. This period assured that the signs realized their full value prior to their removal. The Rexall sign amortization period expired in September 1987. The applicant submitted for the sign exception request on March 29, 1988. A history of Rexall's sign amortization period is attached for reference. 2. Freestanding Revolving Sian The Rexall pole sign is one of the last remaining animated revolving sign in the city. It is staff's opinion that the sign is out of character with the neighborhood and clashes with development and other signage in the area. The site, located on the corner of a major intersection, is highly visible and therefore there are no special circumstances which warrant exceptions to the sign regulations. Staff also suggests that the removal of the sign would eliminate a visual nuisance in the community. Also, the sign does not achieve a central goal of the Central Commercial zoning district which encourages pedestrian oriented features and signs. 3. Wall Sign The wall sign, by itself, is 48 percent greater in size than that allowed by the sign regulations. This takes into account the existing conforming wall sign. The channel letter wall sign, incorporated into the massive wall siding accented with orange and blue roof line stripes, gives the building a billboard sign effect. Staff feels that this sign is larger than is needed to identify Rexall at this location. Staff also believes that the sign is not conducive to the pedestrian orientation focus on the downtown. Previous ARC review was conducted on the sign (refer to attached outline). I- /S' Page 3 Staff Report 4. Combined Si¢naee In a broader context, the overall sign package proposes 234 percent in excess sign area than permitted by the sign regulation. Complying with current sign regulations, and given the large amount of wall area visible along Marsh and Broad Streets, the applicant has ample opportunity to advertise his business. The highly visible location could actually be considered more advantageous than other businesses in the area. It is staff's opinion that a sign program could be design for the business, within the boundaries of the sign regulations. which would more than adequately identify and advertise Carpenter's Rexall. The logical conclusion would be to have the project comply with current sign regulation by removing all existing non-compliance signs on the site. ALTERNATIVES The Commission may approve, conditionally approve, continue, or deny the freestanding and/or wall signs. Any approval or denial should include appropriate findings. Special findings must be made to approve either, or both signs, since they require exceptions to the Sign Regulations. For example, these might include findings that the site and/or exceptional design of the sign(s) meets the intent of the regulations and is compatible with surrounding sings and development. RECOMMENDATION Deny the freestanding and large wall signs subject to the following findings: I. There are no exceptional circumstances which would justify exceptions to Sign Regulations limiting size and type in the Central Commercial (C-C) zone. 2. The freestanding rotating sign is a visual nuisance to the area and is out of scale with other signs in the vicinity. 3. The larger wall sign is out of character and not compatible with other signs in the area. 4. The current sign regulations do not limit the applicant's ability to adequately identify or advertise his business equitably with other businesses in the same vicinity or in the Central Commercial (C-C) zone. Attachments: vicinity map Sign location plan Photos of signs Sign amortization outline for 717 Marsh Street RECORD OF SIGN AMORTIZATION PERIOD 717 MARSH STREET CARPENTER'S REXALL DRUG STORE March 1, 1978 Surveyed site and identified non-conforming freestanding and wall signs. July 27, 1979 City notifies applicant that a new set of sign regulations became effective, replacing the 1967 regulations and that the two signs are non-conforming. February 9, 1983 City notifies applicant that sign regulations have been revised and therefore amending the amortization period of the non-conforming signs. Note that these new regulations are currently in effect. March 1, 1983 Applicant files for sign permit for the non-conforming wall sign specifically requesting approval of an exception to sign area. March 1, 1983 ARC reviews sign exception request and continues item indefinitely noting the following concerns: a. The long-term issue is the freestanding pole sign. b. Both signs are unacceptable and the wall sign requires redesign even if the freestanding sign is removed. March 29, 1983 Applicant withdraws sign application noting that the wall sign was installed before 1967 and considered legal at that time. December 18, 1988 City notifies applicant that the amortization period ended in September, 1987 requiring that the signs be removed or otherwise made to conform with the sign regulations. March, 18, 1988 City notifies applicant that the signs are in violation and the case would be referred to the City Attorney for legal action (15 day notice). March 29, 1988 Applicant submits sign permit application for exceptions of the existing non-compliance signs for ARC review on April 18, 1988. gpa2SA-3850 l — 1 �4�► VICINITY MAP SA 3850 sH Ire! t �`� '� • A �+��N��•�7.��• i� ✓ f _ O' S • ai .�� to /,�� , e �y*rf�' .�, 'z„ e . �,• + I � �O r A 4•••• Cm l s ti+s .. ••e !V/ ti*,s4� i 1 f i♦ + � c�• 4�,L,1'!�•" ••••� ` • •i/'�?.rfGrst, 4 �i» a t ti +14� +� ••• :�i • 'Fs' �'+ •, � ♦tic w slow 1 AIF •",% AD ... GSep °y" A`' Wyk o Of ol ow •• �.••. �•i.I' ,ter df� 4�.'� /'�/ J'1 ,� ,' a d �4 a'r •••• • S i� �� �p-s t�i�+�O � �-ii d �ti e s+� • ♦ d 'r♦ �� ,,•••• n1 •yF • ♦e�?.�•.� or '! i• +♦ O TCO OJ� i t°A•X.•+• ���t : sir. • • �L� o �� s ✓ y O '? OV I Olt a lop) �' 4 • ; Aft Co tr 010 00 t 'rr. P.• �• Iia" �� '.. Off$ � 0 r�' d�i1, °ate O J O . • o`O 1I*� s y� 0 • R=2 -� ,- oma• - H o o F I '� .'iii Jj� n /.• �'r, � $s re O �p o �� Nr J I s . s �o T s ° j SIGN �-ocATioA) � 1- AAl I EMT_ER $ �, i:, r _ CARPEL \I PAB611C �6 C J ' c; ^ City of ,.Xi 'pis oBispo :. : mhz . SIGN PERMIT APPLICATION DEPARTMENT OF COMMUNITY DEVELOPMENT a 990 PALM ST./P.O. BOX 8100, SAN LUIS OBISPO. CA 93403.8100 a (805) 548.7171 Please fill In the unshaded areae where appropriate,as fully as you can.Use Ins and prim clearly.Attach■site plan and a scale dravrinq or photograph of your sign.we have a pamphlet that tells what needs to be Included in tin site plan and scale drawing.The pamphlet also tots under what ekelmtatances a sign must be reviewed by the city's Architectural Review Commission(ARC}Copies of the complete Sign Regulations also are nNlable. What is the name of the business {-r C• `r' 1� X k l Value of sign: t which the sign Mentifies? 1 At what address is .f p miser tell• this sign located? 7 I l y �'�" y �5 ��"c 'C promises sign? If this is an onf•premises sign,what is the If give conal to'sor license sign, address of the business the sign identifies) give eontreeta's I cense number Who should we contact if we he veII 67 Questions about this application? Z Zvi E"� 71.— n c . Address of person to contact =-r- 1 Where should we send the approved permits?Name Q Address If theres anything else we should know about your sign-something that's NOT shown on the site plan and sale drawing-use this space to explain.If you are asking for an exception to the Sign Regul ons,give your reasons here. / A, -a APPLICANT:I understand the city might not approve what I'm applying for, PROPERTY OWNER OR AUTHORIZED AGENT: The applicant has my or set conditions tell 1. per n to put up a sign mili r to the one proposed. Sin re Date Sig ure 1. Date NO E:Be sure to obtain the signatures of both the applicant and the property owner If you are the applicant and own the property.sign twice,once on each blank line designated for signatures. OFFICE USE ONLY zoos i+ Signa-l— ALLOWED PROPOSED Com: 2Q7ta-II Setback _2 1 REVIEW AND FEES REQUIRED: Sign Type �fEE�tR 0.t i YLW Materials: M� r ca-bi WC-t W• 010 Rice ❑Sign Permit Required / Sign APp.Fee S Haight ± 0 Cal ors,t clk j) e ❑Approved ❑ Denied Date Area of Sign &p'XOther Features: 1 %CJ r7AT1 Yl Q ❑ Banner Installation Fee t )L ❑ Bldg.Approval Req'd Sign a� opy ALLOWED PROPOSED C �O y no 1 Q r s [ZQA 0.1) b YVQ t_ 1310q permit Fail S V Bldg.Inspection Fee s Setback ❑Approved ❑Denied Date Sign Type WOI-i) Materlsla ARC Approval Required. Height Cnlora• aive, an ra nqq Q ARC lee f��`. 'w- Area of Sign Other Features: [3 Declared minor 8 Incidental ❑Approved ❑ Denied Date Signa_ ALLOWED PROPOSED Copy: ❑Use Permit Required. Setback Use permit Fee t Sign Type ❑Approved [3 Denied Date Materials: Tom Iris Total Area Height Total of All Signs of All Signs Area of Sign _ _Other Features: Allowed Proposed Community Development Dept. Penult Approved: Date SlOnsbua ❑With conditions �- OFFICE USE ONLY While—File •elle+ —Applicant �� 15.40.170-15.40.200 Article V.Nonconforming Signs V Twin the Origins! Amordadon Period Value of Sign is: (in rears) 15.40.170 Existing nonconforming signs— Las than$500 Two - Abatement. $500 to 5999 Three S "9 Five Signs which existed as nonconforming signs S1.00000 to SS 999 Eight under the provisions of Ordinance No. 379, More than 56,000 Ten adopted August 7, 1967,and which do not com- ply with the provisions of this chapter, shall be B. The time periods in the schedule set out in abated according to the schedule for such signs subsection A of this section shall commence Sep- established in said ordinance, and the adoption tember 3, 1977. of this chapter shall in no way extend such origi- C. If a sign becomes nonconforming due to nal abatement period.(Prior code§9705.1) the amendment of these regulations. the period for abatement shall be measured from the effec- 15.40.180 Abatement or conformance tive date of the amendment. required when. D. If more than one sign on a premises is or Signs which do not conform to the provisions becomes nonconforming, the original cost of all of this chapter, but which lawfully existed and such nonconforming signs shall be aggregated for were maintained prior to the effective date of the the purpose of determining the amortization ordinance codified herein, shall be removed or period. made to conform within sixty days after written E. The owner or user ofa nonconforming sign notice by the department of community devel- shall. upon written request of the department of opment. when: community development, furnish acceptable A. The use of the premises changes and the proof of the initial cost in the form of exterior of the building or other site conditions 1. An original bill of sale: are to be altered:or 2. A description schedule from state or federal B. A sign is damaged by any cause resulting in income tax returns:or replacement or repair cost equal to or greater 3. A written appraisal by a sign manufacturer. than one-half of its replacement value at the time (Prior code§ 9705.3) the damage akcurs:or C. In accordance with the amortization 15.40.200 Notification of owners. schedule outlined in Section 15.40.190. (Prior A. The community development department code§9705.2) shall give written notice to the owners of the signs which do not conform to the provisions of Ordi- 15.40.190 Amortization. nance No. 379,adopted August 7. 1967, inform- A. Signs which do not conform to the provi- ing them of the nature of the nonconformity and sions of these regulations but which lawfully of the city's intent to enforce Section 15.40.170 of existed and were maintained prior to September these regulations. 1. 1980, shall be removed or made to conform B. The community development department within sixty-days written notice by the depart- shall give written notice to owners of signs which ment of community development. in accord- do not conform to the provisions of these regula- ance with the following schedule: tions informing them of the nature of the non- conformity, their responsibilities under subsection E of Section 15.10.200 and of the city's intent to enforce Section 15.40.200 of these regulations. (Prior code 3 9705.4) 365 'San Luo Obiw)14-1 .•;?i'n :.iL',.1�/ tif!i. \i' h.i.'ea�:t.•,•.. , i='�'':p— ''yC•roi�?rc .:.5_•�-'.ut. �x /� •,ti V.\ G ?•'i' �.'.. �, yT.�. -»._ i. ••T;< . • ,. ..`.Y ,•'f• ,�;' F.. .iS.��e4E" :�,/!'.tr :•F"•,on' lrC::.^ - 'b:. Ly�,i���Jp,,t'..7 z .�; a. k.�.e../. 'M J. i4. ./i ��. U y .�.i - 'y''.•::. 4.i. .'�. ei,.. 4. ( p'1 Tho 'pinnnin' C�oamir ! v- Y ..� '.):: � l� '.fir:• �` ...,FSAO' of � _� , . f � sr,ffi� �s000esa.Dz+rsams � : WIMREAS,8D3Rt1. Vis' ,.' -':: fias`'siyAl ler :for':.. >a..Use. Permit in aceo ants t on:: ; o t .e;.plov•sions of Chapter 2 ti. of Article Il; of the Municipal' Code;.."f-th0 City of San-"Luf.`i Obispo; and WHEREAS, said applieatit hlis.submitted:certain information to the attention of the said Planning ComaDfssion in support of this application; and.:, V`¢' WHEREAS, the said Planning Commission finds that the establishment, maintenance or operation of the use or buildiny applied for will not, under the circumstances of that narticui:.r case, be detrimental to the health, safety, pence, morals, comfort and general we.fare of persons residing or workinp, in the neighbor- hood of such proposed use or be detrimental to property or improvements in the neighborhood or to the general welfare of the City; NOV, THEREFORE, BE IT RESOLVED that the Planning rorimlissi7n of the City of San Luis Obispo does hereby grant the foliowinp Use Permit, a7:biect to the conditions listed below: • r Carpenter's Recall Drwq TIT ft•+ C-7l sone. Shweby, slsaesea MW 00 lice-staid us ala at the above addreaa, subject to the tollovias eonditioast 1. The zJV sbaU be nonwMabiag and con-rotAIM 2. ?he @360 ,hall be erected in accordance With the plot plan submitted. The P•r.2!itinR rid this USC• nrrmit dit c!e from r..ompl yi nv with any Pro-.!'s ion f747 tht- •'::1:ic:na1 Co!1 c. or 5 or policies adopted by thSS City an(: ,.nv lorJitions arrli4C: r(r ch'i.; (-Te Perm;? 11L1_^.t be met at all time's itarcd ir, i:i•: r golution or' 1(T,%„J::1 1 / y. ^'?tlnn of such conditions or terms of this r.2r-mir or, any law or ordincn::Ct 1J1I : %,C •_au3C to revoke the Use Permit . Reyl:l;irly Passed :end ad„�:e.; "6, ,; :i,� Cr7mmfs• _ .:f :F.: - .;T S Obispu on the Aft day of Jdl , 1963 by the f0?owir7.r, vote : AYES: Caemiia@ionere Abisia, 82alte, 8rcev0, Sehvarta NDES- Commtesionere lelitiaao and Leaser ABSENT: Co®isaima Johasva ' -- ATTEST: S/ a •: ..:. ;� -:: eter Chapman, Plapninp Dirpqitor y' ,` '. n ': ; a.t ”' `•a.-iii:':: .tri•' `,�.�i� .' . ,. :\. Ile � : '!L WSJ,►p 5:.. Ir Ilk 'e •', .-'f?.F�`A� .c J .Y ?, .: - `"�<-�.�'��• a _, -:^n'. .ter l-a3 I I t cri cmCD CJ I ef► �' i i 1 11 u m ; :i; �I H 1 1 � 'C J' •Cp � '`�'3� 1 1 � � Q Y • 1 r Y m {� — 1 1 @g Y� 60 C®®•mo o Q NM I I 3' Y G c v8 z 1 �49a,2c -- e I I COS c y L N yjy yto 1 Q= Nm y Q 1 I � � Y y Y O.6j W 1 Y•�•_ � 1 I rt �a Z o O C� < mess cc� Y ' a $.0.0 a WOrs M ° COm m = E I I I I I I I S 7 „ ..� i1 , V', m I I I I I 1 I .O.M O O z%.jj 1 , u t4 I I I 1 I 1 = _ 'Z W m 1 cr. I 1 1 1 1 I O O Y C ,,�`, m 0 0 O O I I I I I I Grp r m y „y E-4 lu UO 0-0 0 No Y Y I = Y�5';.2 I y y O 1—C) y O r d o4" .S O DD OO I — 1Oq CW 'r W N O 4 y y y y r m w X00 .. ry r �� _ °W3 ° z .4 ca rno 0 z I I OBD L 'C i H I I I I ' I r • O S .Y. Y im Q 3 ei I 1 I y 'fl s@ O p rj G 06 Y mo or M CO � I C. y Q' O�_., m gyp."o 1 Z e c E C E p> a e = Y a.5 > •�� Q0 C H d ren Y '� mrJ °• CID 3 > 20 I I I I G O y I I I I I I I p'II.Op 2 ' z I 'cm � ago c d ' j 1 i 5 may+ 1 1 I I Y 00 Z Z I 1 W M01 C E o a o I I ,Z• r rA O O I I I I I I b 8to m �' m � V 1 but _ y i RECEIVED APR 2 51988 C,"Go SM Lums Obw CIOIOU <iDX4.0v CO— are Olt �-as Mr. Mayor and Members of the San Luis Obispo City Council. �7 First, I would like to thank all the City personal, especially Ken Bruce, Gary Price and Roger Picquet, for their help and cooperation. They all nice helpful people. There are several cases, however, where the City Staff report has misrepresented the facts as they apply to the Carpenter's Resall signs. 1. The Rexall store area is zoned C-C and there is no reference to a C-C zone in the sign ordinance. 2. The freestanding sign should be figuered at 100 sq.ft., not 210 sq.ft. . See section 15.40.040 of sign regulations. 3. The so called wall mount channel letrer sign is not 222 sq.ft . According to section 15.40.150, " Carpenter's " can be figuered as'.one sign and " Rexall Drhgs " as the second sign for this buildingjace. This would be a total of 114.67 sq.ft. . We are asking or a variance- of- only 14.67 sq.ft. . 4. Rexall!s second building face sign, which is considered legal, is 60 sq.ft. . Our total ( 60 - 114.67 - 100 ) adds up to a total of 274.67 sq.ft. not the 467 sq.ft. in staff report . 5. The corner of Marsh and Broard is not pedestrian oriented. It is one of the highest auto traffic corners in S.L.O. . We certainly do not have window shoppers like Higuera street. 6. Staff refers to our wall sign as a billboard sign. Section 15.40.040 states " Billboard .t means a sign structure which is made available for lease or-rent. This is a blatant attempt by staff to create an adverse emotional reaction to Carpenter's Rexall signs. 7. Staff reports our :overall sign package is 23414 in excess of that permitted. We are permitted a total of 200 sq.ft . according to- section 15.40.150. We are over by 74.67 sq.ft., which is only 24.897 in excess. 8. Staff says The Rexall Store signs are a visual nuisance. I have several thousand signatures on a petition that says otherwise. This is. another attempt by staff to create an adverse emotional reaction to our sign. 9. Staff:-report refers to our original use permit of 1963, but they do not indicate that Rexall went before the City Council and recieved a variance for a rotating sign provided a shutoff switch was installed on the sign structure, to provide protection for utility people working on nearby electrical wires, also that the rate of rotation be slowed to the present speed. This is another example of staff bias. 10. A.R .C . Commr. Cooper at the hearing on April 18,1988, said he felt our freestanding sign would prevent views of trees in this area. Quite the contrary, look at the pictures in this folder. The trees nearly hide the sign at one and two blocks away. 11. The staff has presented the Council with four alternative options of action. The Council really has unlimitted alternatives of actions, since there is no C-C Zone indicated in the Sign Regulations. The options of actions suggexted by staff do not address our request that the freestanding sign be designated a " Landmark Sign". The A.R .C. designated the Foster Freeze sign a Landmark Sign in 1983. The Carpenter's s gn is much more of a Landmark. Carpenter's Rexall is presenting several thousand signatures on a petition to this effect. The simplest solution is to declare the Rexall sign a " Landmark ", thus removing it from the jurisdiction of the Sign ordinance. Page 1 of 2 12. Carpenter's Rexall also has several options of action if our appeal is not adjudicated in favor of Carpenter's Rexall. We discussed some of these with the City Attorney. 13. The Rexall freestanding sign would cost about $ 25,000.00 today and the wall sign about $2,000.00. The Staff attitude it "tough" its not their money. 14. The A.R.C. are all very nice , helpful, accommxdatipg,°:and interesting people. one of them even stated at our May 18,1988 hearing, that they probably should not be reviewing all these sign problems. None of the committee have a business sign or their own. I asked one of them why? He said then he would have to get a permit. Perhaps there should be a seperate sign committee with a varied assortment of business people. Now, a short history of the Sign ordinance. A sign ordinance was adopted by the S.L.O. City in 1967 with restrictions as we have today. This restrictive ordinance was repealed by a vote of the people by way of the referendum process. Two of the main objections that resulted in the repeal, were the sections that provided for the removal of the barber pole signs and signs declared non-conforming even though they were installed with all required permits. A new sign ordinance committee was appointed consisting,-.of several business people, several other interested citizens and City staff. ( James P. Jones is probably the only business man on the committee that is still in active business) The committee, over several months, drew up a new sign ordinance which was adopted. About 90 percent of the repealed ordinance was retained. The primary change was that the City should honor permits and contracts of previous administrations and signs installed with proper permits and maintainance should remain for the life of the business involved. The City enacted more restrictive conditions in 1977 and 1980 so that the ordinance is back like it was before the referendum. The City seems to have forgotten the message as expressed by a majority of the voters iri .the referendum of 1967 . Carpenter's signs and store doesn't compare in national renown to the Madonna Innand its sign , however, Carpenter's Rexall store and its signs are considered Statewide as a show place in the Drug, Profession. It is tthe Drug Store to see! Fr. A.C . Nielsen President of the nationally known survey company sent one of his Vice Presidents out to see our store in 1985, to interview us, because our store was one of only eight independent drur; stores in the nation that had a consistant yearly increase in business over the previous ten years. The B 6 E Sales Corp. of Detroit works with a nation wide network of 2000 drug, stores on promotional sales wanted to know where was S.L.O. and who was Carpenter' s Rexall Drug. We were their third largest account. Carpenter's Rexall Drup, didn't achieve these positions with mediocre signs and business proceedures. The dominance of murisim as S.L.O. Co. leading industry, as noted in the Telegram Tribune April 14, 1988 front page, increases the importance of our signs to our business. Statistics indicate that in the retail service type of business we are in, a third of all cusomers are new each year. With Cal Poly here we may have a greater turnover than the national average. Rexall Signs like ours are landmarks in most small to medium sized towns of the U.S.A. Our Rexall identification is extremely important to our survival . ' Page 2 of 2 L� San Luis Obispo A.A,C. committee April 18,1988 Carpenter's Rexall Drug respectfully reghests a variance in regards to the conformity of. their signs as per current city sign regulations. Our signs were designed for Carpenter's and- the Rexall Drug Co. by one of the leading U.S. sign architects employed by the Rexall Drug, Co. They were installed by the Maino Construction Co. of S.L.O. and all proper permits were first had and obtained. They were also considered proper and legal under the sign ordinance ob 1967, which was the basis of the present ordinance. James P . Jones, co-owner of Carpenter's Rexall Drug, was one of the 1967 sign ordinance committee. Our wall sign was considered legal because of the conditions imposed by the texture of wall face. Our Rexall free standing sign was legal as our second face sign when considered under section 15.40.150.43 as a off premises sign. Section 15.40.040.1 considers •"total area of signs on a site is the greatest area of sign faces which are visible from any one point': Our Rexall cornor sign is approx. 16 ft . by 6 ft. which equals 96 sq. ft. or slightly less than the allocated 100 sq. ft. for our second face size. This Sign may also qualify as a historical or landmark sign. lie wish to also have this sign declarod ailandmark sign. The Rexall Drug name is a lnn(imark in almost all small to medium size towns acrost the United States. This is why our signs are so gmportant to our business and to our customers and prospective customers. The retail business statistics indicate that one-third of all customers are new d each year. San Luis Obispo may have a greater turn over, because of the large student population. There is hardly a day goes by at Carpenter's Rexall Drug that we do not have people asking how to find a business location that has inadequate signs. Our town has a large tourist base , another factor requiring easy to see and read signs. Sincerely Yours, ames P. Jones, Senior Partner Carpehter's Rexall Drug 717 Marsh Street San Luis Obispo, Calif. 93401