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HomeMy WebLinkAbout11/15/1988, 7 - APPEAL OF ARCHITECTURAL REVIEW COMMISSION (ARC) DENIAL FOR MAINTAINING THE EXISTING POLE SIGN WITH AN ATTACHED READER PANEL AT THE HOWARD JOHNSON RESTAURANT AND MOTEL AT 1585 CALLE JOAQUIN (SA 3944). SII II — MEETING DATE: �►►m�ir�H i U city O f San Luis OBISPO 11-15-88 ITEM N �Wa COUNCIL AGENDA REPORT FROM Michael Multari, Community Development Director; BY: Gary Price, Assoc. Planner�y SUBJECT: Appeal of Architectural Review Commission (ARC) denial for maintaining the / existing pole sign with an attached reader panel at the Howard Johnson Restaurant and Motel at 1585 Calle Joaquin (SA 3944). CAO RECOMMENDATION Deny the appeal and affirm the ARC's action approving a small exception to the sign regulations_ SUMMARY The ARC denied a request to have a taller and larger sign than allowed by the city's regulations. (The ARC did approve size and height exceptions smaller than the those requested.) The applicant has appealed to the council. SIGNIFICANT IMPACTS//CONSEQUENCES OF NOT TAKING ACTION Approving the request will allow 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. Denying the request, but approving a smaller exception, would allow replacement of sign (s) similar to other conforming signs in the area. Denial of the request or upholding the ARC's action would also affirm the city's sign amortization program. DISCUSSION Situation The motel/restaurant's existing pole sign does not conform with the city's Sign Regulations. According to the regulations, the sign's eight year amortization period ended in 1987, so it must be removed or made to conform. The applicant requested the ARC to approve an exception to the regulations to allow continuance of the sign and thus bring it into conformance with the sign regulations. The ARC denied the applicant's request, but approved a slight exception. The commission also gave direction to have plans submitted for new signage within 60 days of the meeting. The applicant has appealed to the council. Data Summary Applicant: Howard Johnson's Motel and Restaurant Representative: Ronald Harris Owner: Howard Johnson Company, Inc. Zoning: C-T Land Use Element map: Tourist commercial Environmental status: Categorically exempt as a small structure - MEE11/15%88 11111► jjjjj Al city of San tuts OBIspo COUNCIL AGENDA REPORT ITEM NUMBER: ppeal Page 2 Evaluation 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, with an area of about 530 square-feet. A 36 square-foot reader panel is also attached to the lower portion of the sign. Motels and restaurants in the C-T zones outside the Calle Joaquin area may have 25 foot tall, 72 square-foot signs. The ARC may approve exceptions to the Sign Regulations when it finds that the exceptions are warranted by "unusual site conditions or other design factors". The applicant suggests that the removal of the existing sign and replacement with a smaller sign would result in economic losses from reduced business visibility from Highway 101. The sign is one of the more visually prominent structure in the vicinity and can be easily seen while traveling in both directions of the freeway and on Los Osos Valley Road. Given its proximity to the freeway and Calle Joaquin, it can be argued that the sign is more visible-than others in the area and therefore less deserving of a significant exception. The nearby Alistar Inn sign was granted a slight exception to height (allowing 20 feet when 16 feet is required) and to size (allowing 80 square-feet in area when 72 square-feet is required) due to reduced north bound highway traffic visibility from trees near the site. In staff's opinion, the Howard Johnson site is slightly obstructed visually from south bound freeway traffic, due to the Los Osos Valley Road overpass and therefore warrants approval of a small exception. Concerning the panel sign, staff suggests that that there are no circumstances which warrant add-on message signs along the freeway. Not only does the panel visually clutter the main identification sign, it is questionable whether the driver is able to take in all of the sign's displayed information and drive safely. Allowing this sign could also be viewed as giving the applicant a competitive advertising edge over other area businesses which are not allowed such signage. Staff recommends denial of the applicant's request and supports the commission's decision to grant a small exception to the sign regulations for revised signage. ALTERNATIVES The council may: Uphold the appeal and approve the exception as requested; Deny the appeal, but approve a sign larger and/or taller than otherwise allowed; Deny the appeal, requiring any new sign to meet the current limits; Continue action. OTHER DEPARTMENT COMMENTS This item was not routed to other department for comments. 2 II city of san tins oBispo COUNCIL AGENDA REPORT SA 3944 Page 3 CITIZEN PARTICIPATION On October 3, the ARC voted five to one, with one commission vacancy, to deny the requested exception, and to approve an exception allowing a 20 foot tall, 80 square-feet sign. (The commissioner voting against the motion felt that no exception was justified.) The ARC found that the requested exception would be a special privilege, inconsistent with the limits placed on nearby properties with the same zoning. However, the ARC found the minor exception was warranted due to reduced freeway visibility from the Los Osos Valley Road overpass. The applicant's attorney spoke in favor of the request; no other public testimony was received. RECOMMENDATION Adopt the attached resolution to deny the appeal, and affirm the decision of the Architectural Review Commission. Attached: Vicinity map Draft resolution to deny appeal Draft resolution to uphold appeal Applicant's statement Draft ARC minutes, October 3, 1988 Sign photos I 3 RESOLUTION NO. (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL FROM THE ARCHITECTURAL REVIEW COMMISSION (SA 3944, 1585 CALLS JOAQUIN) WHEREAS, the Architectural Review Commission on October 3, 1988, 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 sign at 1585 Calle Joaquin, and denied the request upon determining that the exception would be a grant of special privilege, inconsistent with limits on nearby properties with the same zoning; and WHEREAS, the Architectural Review Commission approved an exception allowing a lower, smaller sign, upon finding that the site location and situation is visually obstructed from south bound Highway 101 traffic from the Los Osos Valley Road overpass and that a primary source of business for this motel/restaurant is from travelers on Highway 101 and therefore signage visibility is essential for directing and attracting business; 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: the foregoing resolution was passed and adopted this day of 1988. Mayor ATTEST: City Clerk Resolution No. (1988 Serics) Page 2 APPROVED: City Administrative;Officer City Attorney Community Development Director RESOLUTION NO. (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL FROM THE ARCHITECTURAL REVIEW COMMISSION (SA 3944, 1585 CALLE JOAQUIN) WHEREAS, the Architectural Review Commission on October 3, 1988, considered the application by Howard Johnson Company for an exception to the city's Sign Regulations, to allow an existing pole sign and an attached reader panel sign at 1585 Calle Joaquin, and denied the request upon determining that the exception would be a grant of special privilege, inconsistent with limits on nearby properties with the same zoning; and WHEREAS, the Architectural Review Commission approved an exception allowing a lower, smaller sign, upon finding that the lesser exception was warranted due to visibility difficulties of south bound Highway 101 traffic from the Los Osos Valley Road overpass and a that a primary source of business for this motel/restaurant is from travelers on Highway 101 and therefore signage visibility is essential for directing and attracting business; 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 not appropriate, and that the requested exception is warranted since a reduction in sign area and height from what currently exists would reduce business visibility and cause an economic hardship; 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: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this day of 1988. Mayor ATTEST: City Clerk Resolution No. (1988 Series) Page 2 .APPROVED:. Crty Ad- inistrafive'-OCC,icer. City Attorney Community Development Director VICINITY MAP SA 3944 r ,w Os «+•�•i iam• .. r a•,n• .t>s ., � GP`V6 r, 10 116OR "�. ..t:...,.?.t" .:.k.:�>..:5'�i3'tir: ..ai:F�;t>""'.:'t�S:.�::Y:',�=:^i>'>��t}p`.::.. �c:.:::zc:;>::•x•;c?V. ,��;,.. %'2y.`i�% , fix'%x54's?>:"'x:s:':•t,:ve,,hc's:%�k��'tti$',a..`:a�."c .`>.`�, y. .. t:.� ...;'�C:@.�'x..�Cix:>:''F`r..f�'„l; � � ., v6�!:w:o @fie•. �'�.,::. �'t.'t�%%'sy ,>s ',xfi°<a ` O / ,iro•rnr ro..,r,a r �.�� l: ' ' city 13iiiis! " 990 Palm Street/Post Office Box 8100 • San Luls 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 3- 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) : Agenda Item SA-3944 concerning required removal of the existing free—standing sign in the Howard Johnson Motel and Restaurant at 1585 Calle Joaquin. The Commission voted to require the appellant to develop a sign program within 60 days after October 3, 1988 with the new sign to not exceed 20' in -height and 80 square feet in size. The appellant is seeking to retain the existing sign, or in the alternative, to replace it with a sign of similar visibility, due to potential economic losses that would result from the loss of sign visibility from Highway 101. The undersigned discussed the decision being appealed from with: on Appellant: Date Appeal Received: HOWARD JOHNSON'S MOTEL & RESTAURANT n Name/T% RECEIVED RONALD HARRIS ESQ. OCT11 2 1988 Representative ?. CITYCLM 1402 MARSH, SAN LUIS OBISPO .CA 93401 .�� SAN LUISOOSPO.CA Address (805) 541-5536 Phone y 41er -_ Original for City Clerk Copy to City Attorney Ca enda fCopy to City Administrative Officer Copy to the�ing� a tmentr('s)�City Draft ARC Minutes October 3, 1988 B. SA-3944: 1585 Calle Joaquin; request for exceptions to the Sign Regulations to allow a bigger and higher freestanding sign for Howard Johnson's Motel and Restaurant; C-T zone. Gary Price, Associate Planner, presented the staff report recommending a denial and directing the applicant to develop a sign program for the restaurant and motel complex which complies with the city's Sign Regulations or approving an exception to allow a slightly taller and larger pole sign than is currently allowed for the Calle Joaquin area. Similar or the same as approved for the All Star Inn. Ron Harris, attorney for the applicant, responded to staff report. He was concerned with the economic impact to the business from the loss of visibility to southbound 101 motorists especially south bound traffic. He felt the 10-year sign amortization period has created an undue hardship for businesses in the city. If the requested exception is denied, he requested six months to remove and install a new sign. Commr. Jones felt Howard Johnson's image was outdated and should be updated. He supported an exception to allow a maximum height of 20 feet and 80 square feet in area, similar to what was granted to All Star Inns next door. He also presented information on new Howard Johnson sign examples used elsewhere. Commr. Bradford agreed with staff's recommendation for denial and felt no exception should be granted. Commr. Starr agreed with Commr. Jones that a minimal exception could be granted. Commr. Morris also supported a minimal exception. Commr. Cooper felt the building itself was a sign and would have a difficult-time supporting a significant exception. Commr. Jones moved to deny the sign proposal based on the following finding: 1. That the sign's size and height are in excess of that allowed in the Calle Joaquin area and that approving such a sign exception would constitute the granting of a special privilege, an entitlement inconsistent with the limitations upon other properties in the vicinity with the same zoning. and granted an exception allowing a freestanding sign not to exceed 20 feet tall and 80 square feet in area finding that the minor exception is warrantcd by the reduced visibility of south bound Highway 101 traffic from the Los Osos Road overpass and the primary source of business for the motel/restaurant is from travelers on Highway 101. Commr. Stair seconded ,the motion. AYES: Jones; Starr-, Gates,- Morris, Cooper . NOES: Bradford ABSENT: None (one vacancy) The motion. passes. HOWARD Pole �1fOeS Uctor Durant ewe` r .yam 5l�i m � i Sovthe�,L'J View O-F S I*C) 1.1 �row� C^.IIe Jo9I ✓:.n 1 /1�or�"M bOL1✓I LI � {+'Owl �"rw� �O �/ 1-os Osoc Va lie,) Roa C/ rf. v. r i