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Home My WebLink About06/06/1988, 1 - APPEAL OF AN ARCHITECTURAL REVIEW COMMISSION DECISION DENYING AN EXCEPTION TO ALLOW A NON-COMPLIANCE FREESTANDING ILLUMINATED AND ROTATING POLE SIGN AND CONTINUANCE OF A NON-COMPLIANCE WALL MOUNTED CHANNEL LETTER SIGN FOR REXALL DRUG STORE r � MEETING DATE: ��N►�IIIII(Iilpi►��UIII city of San tuts OBISpo 6-6-88 MIN COUNCIL AGENDA REPORT ITEM NUMBER: FROM Michael Multari, Community Development Director; BY: Goy Price, Associate Planner SUBJECT:Appeal of an Architectural Review Commission decision denying an exception to allow a non-compliance freestanding illuminated and rotating pole sign and continuance of a non-compliance wall mounted channel letter sign for Rexall Drug Store at 717 Marsh Street. CAO RECOMMENDATION Deny the appeal on the pole sign and deny the exception for the wall sign. DISCUSSION On May 17, 1988, council continued this item to this meeting to allow the City Attorney to be present for advice and consultation. The city adopted an amended set of sign regulations in July of 1980 intended to improve the city's visual environment. Among the changes were restrictions which made two signs at the Rexall Drug Store at the northeast corner of Marsh and Broad Streets non-complying (refer to attached ARC report for details). 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 i expired in September of 1987. The applicant submitted for the sign exception request on March 29, 1988 to allow the continuation of the non-complying signs. A history of Rexall's sign amortization period is attached for reference. On April 18, 1988 the Architectural Review Commission (ARC) voted unanimously to deny the exception for the pole sign indicating that there were no exceptional circumstances which would justify exceptions to the sign regulations. However, the wall mounted sign was continued to allow for possible redesign in compliance with the sign regulations. The applicant subsequently filed an appeal to both actions of the ARC requesting City Council to consider exceptions for both signs as they exist. As justification to allow for the signage exception, the applicant is requesting that the pole sign be designated a "Landmark Sign". The Sign Regulations do not address "Landmark Signs". To approve the signs as they exist requires specific findings to be made, such as there are special or exceptional circumstance to the sign or site that would justify exceptions to the sign regulations. The applicant in his appeal states "It is a sad state of affairs when a city administration will not honor a contract entered into by a previous city administration." The "contract" referred to was the original Sign permit issued September 29, 1963 and a Planning Commisssion Use Permit approved July 16, 1963 allowing the freestanding pole sign provided it was non-flashing and non-rotating. See attached. The Sign Regulations address the abatement of non-conforming signs in Sections 15.40.170 thru 15.40.200. See attached. Staff is recommending denial of both non-compliance signs with the reasons noted in the attached ARC staff report. The council has several action options available as follows: a. Deny the appeal and take an action to deny the wall sign. Result: Removal of the pole and wall signs. b. Deny the appeal and refer the wall sign back to ARC for further review Result: Removal of the pole sign and redesign of wall sign based on further deliberation by the ARC. c. Uphold the appeal and take action to approve the wall sign. Result: Maintenance of the existing pole and wall signs. d. Uphold the appeal and take action to deny the wall sign. Result: Maintenance of the pole sign and removal of wall sign. SIGNIFICANT IMPACTS The project is categorically exempt from environmental review as on-premise signs. Staff expects no significant environmental, fiscal, or service impacts from denial, approval of the proposed project, or approval of a project revised (wall sign) as directed by the ARC. The processing of exemptions and appeals does involve significant staff time (approximately 9 staff hours in this one case). CONSEQUENCES OF NOT TAKING' RECOMMENDED ACTION Relaxation of sign regulations may encourage owners of other non-complying and new businesses to pursue exemptions and appeals; owners of complying signs may be encouraged to request exceptions and/or changes to standards for equity purposes NOTE: Material previously sent out--contact the Clerk's Office if you've misplaced it. Attached: Draft Resolutions Appeal Form to City Council ARC minutes; 4-18-88 Record of Sign Amortization Period for Carpenters Rexall Drug Store ARC staff report; 4-18-88 Sign Permit & Planning Commission Use Permit issued in 1963 Sign Regulations Sections 15.40.170 - 15.40.200 Letter in Support by Holdak M. Truesdale Note: Please refer to the applicant's sign plan package previously distributed for council review on May 17, 1988. gp/rexall-cc 1-2� MEMORANDUMcity of �,. , US oBIspo • �` 990 Palm Street/Box 8100•San Luis Obispo,CA 934038100 , MEETING AGENDA / TO City Council j'jN s •es FROM Pam voge �,d DATE c� , Co&-4ct 2 lk2. pl�gte� P. SUBJECT Rexall Sign Appeal DATE 6/6/88 On Friday, June 3, you received a copy of three resolutions regarding the sign appeal filed by James Jones. These draft resolutions (attached) were revised by Mr. Jones and reflects his recommendations to allow his sign to be designated as a landmark. PV:skj cc: J. Dunn R. Picquet M. Multari Attachments • AEETING AGENDA DATE '°" s '88 ITEM # Cc . NI,07C47 RESOLUTION NO. (1988 SERIES) Ofm 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-3950) 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, 1998, meeting and denied the exception for the pole sign based on the finding that there were no exceptions! 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, 1999, the City Council conducted a duly noticed public hearing to consider the testimony of the appellant and othc( lntcrested partici; l'HF!'.i(F01tE, rhe council if rh Cit of - .:n Ll, i ill'! .-1pprovPs r !lp free st.andinr, ilumin.=,ri-d rnl ',rinr pole si !^,n lnd ! h^ hall rinlin, or! ch'!nnrl let t ('r si:•,n and dccl,kres r heel i o 11 ' 1.1 nlil'.11' : n5, 1' 11rrr 1W l r1?(,"111!', than from the jurisdicrion of the San Luis Obispo Cit v si!,n Crr-ul ,lt ions. nn mr)T inn of I nrI nn r!?r- fnl 1nl;in 1'nll C111 int (I: AYES s NOES s ABSENTs t� � GrE11ED JUId 0 '� i3a3 �X11 C;.Far SAN LUIS CA Resolution No. (1988 §erles) Page 2 the foregoing revolution was passed mndadopted this _ day,of 1988. Mayor ATTEST: City Clerk - APPROVED: City Adainistratibe Officer City Attorney Community Development Director RESOLUTION NO. (1919 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 alga 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 tonics, t;OW, THEPEFORE, the council of the Ciry of San Luis Obispo itpholdc th,% tnlwil and declares the freestanding 'iluminar.ed rotating pole sign .a " Lanrimork Sip,n" , tt:hus removing, it from the jurisdiction of tho San Luis Ohispo City sir.n '�r,ularinns and approves a variance of fifr.een ( 15 ) sq . fr . for the wall mounred channel letter sip.,ns. On mor ion of , Socnilded by and on the following roll call vote; AYESt NOESt ABSENTt Resolution No. 1 (1988 Series) Page 2 the foregoing resolution was passed and adopted this _ day of 1988. Mayor ATTEST: City Clerk APPROVED: City Administrative Officer City Attorney Community Development Director RESOLUTION NO. (1911 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 FOjt FURTHER REVIEW FOR CARPENTER'S REXALL AT 717 MARSH STREET (SA-3150) 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 19, 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 t Commission's action to the City Council; and WHEREAS, on May 17, 1981, the City Council conducted a duly noticed publio hearing to consider the testimony of the appellant and other Interested parties; NOW, THEREFORE, rhe council of the City of San Luis Obispo upholds rhp appeal and P-ives amnesty and exemption from the City Sir,n Reputations to all present noncnnformine, signs in the City of San Luis Obispo. On motion of Seconded b and on the following roll Call voter A'i ES t Noes; ABSENTt Resolution No. 1 (19811 series) Page 2 the foregoing resolution was passed and adopted this _ day of 1988. Mayor ATTEST: City Clerk APPROVED: City Administrative Officer City Attorney Community Development Director