HomeMy WebLinkAboutAUP_2015-11-04_AgendaPacket C ITY OF A TASCADERO
COMMUNITY DEVELOPMENT DEPARTMENT
6500 PALMA AVE ▪ ATASCADERO, CA 93422 ▪ (805) 461 -5035 ▪ FAX 461-7612
Administrative Use Permit Hearing
A G E N D A
The City of Atascadero’s Zoning Hearing Officer will hold a public hearing
at 4:00 p.m. or later on Wednesday, November 4, 2015 in Room 106, at
City Hall, 6500 Palma Ave., Atascadero, to consider the following:
1. 9990 EL CAMINO REAL. PLN 2015-1566; Request to allow new signs for
Chalk Mountain Liquor. This includes the use of changeable copy
signage, totaling 82 square feet (s.f.) and a request to allow a 128 s.f.
monument sign where only 60 s.f. is allowed. The proposed sign
includes decorative landscaping and hardscaping at the base of the
monument sign.
PLEASE NOTE: Any court challenge to the actions taken at the public
hearing items may be limited to considering only those issues raised at the
public hearing described in this notice or in written correspondence to the
City of Atascadero at, or prior to, the public hearing.
Any decision of the Hearing Officer is final unless a ppealed to the Planning
Commission within 14 days of the action. Any person aggrieved by the
decision may file an appeal. Appeal forms are available in the Community
Development Department or on the City’s website (www.atascadero.org).
The fee for filing an appeal is $704 and must accompany the appeal
documentation.
t:\~ administrative use permit\agendas\2015\november 4, 2015.doc
C ITY OF A TASCADERO
COMMUNITY DEVELOPEMENT
Administrative Hearing Agenda Report ITEM # 1
FROM: Alfredo R. Castillo, AICP MEETING DATE: November 4, 2014
FILE NUMBER: PLN 2015-1566 / AUP 2015-0074 – Additional Signage / Changeable
Copy Signage & Oversized Signage
PROJECT ADDRESS: 9990 El Camino Real (APN 050-081-030)
SITUATION: In January 2015, City staff was directed by City Council to begin actively
enforcing the City’s Sign Ordinance. City staff has formulated a “Signage Improvement
Campaign” targeting temporary signage while at the same time, drastically reducing
building permit fees for signage and Administrative Use Permits (AUP’s).
The property at 9990 EL Camino Real was identified during the signage campaign and
the property owner was notified in March 2015 about allowed signs and pe rmit
requirements. Unpermitted signs included an oversized monument sign or “billboard ,” a
changeable copy sign, an off -site A-frame sign on the Highway 101 off-ramp, and a
large off-site sign mounted atop a van. In August 2015, City staff performed a follow-up
visit and noted no changes to the removal of the illegal signage. The applicant was
informed of the AUP process to allow for exceptions to the Sign Ordinance.
Currently, the applicant has legally permitted signage for the existing wall mounted
signage and the monument sign that displays the gas prices and the name of the
business. The total square footage for all permitted signage is as follows:
80 square foot (s.f.) monument signage at the corner of San Gabriel Road and El
Camino Real
48 square foot (s.f.) wall mounted can signs facing San Gabriel Road and El
Camino Real
These signs were permitted prior to the City’s existing Sign Ordinance and are
considered legal non-conforming.
The applicant has now applied for an AUP to display changeable copy signage, as well
as additional oversized monument signage.
The City’s Design Review Committee (DRC) reviewed these items to provide staff
direction to proceed with an AUP hearing on September 23, 2015. At this meeting, the
DRC directed staff to hold an AUP hearing to receive comments and directed staff to
consider approval of a use permit to allow a changeable copy sign and an additional
monument sign on-site. Also, the DRC directed the applicant to remove any off -site
signage that the applicant has been utilizing, including vehicles and A-frame signage
that are not on-site.
Page 2
EVALUATION:
Municipal Code Section 9-15.006 of the Sign Ordinance allows for exceptions to the
City’s Signage Ordinance with the approval of an AUP. The following criteria must be
taken into account:
9-15.006 Exceptions to the Sign Ordinance:
(a) The need for such signing is based on the purposes set forth in Section 9-15.001;
(b) The opportunity to combine signs for more than one (1) use on a single sign structure has been
considered;
(c) For freeway oriented signs, the sign area and height are the minimum needed to achieve
adequate visibility along the freeway due to highway ramp locations and grade differences; and
(d) Conformance with all other applicable codes and ordinances of the City, including, but not
limited to, the Zoning Ordinance, General Plan and its several elements, and the appearance review
guidelines.
The applicant is seeking an exception to allow the existing changeable copy signage to
remain, along with an additional monument sign that is located on-site. Within the
Commercial Neighborhood (CN) zoning district, the total amount of signage allowed for
a commercial business is a total of 125 square feet. This includes walls signs,
monument signs, and other permitted signage, whether it requires a building permit or
not. The applicant has received building permits for wall mounted signage and one (1)
monument sign at the corner of El Camino Real and San Gabriel Road.
At its September 23, 2015 meeting, the applica nt stated that the signage was necessary
for business to advertise specials and other items sold in the Chalk Mountain Liquor and
Convenience store (Attachment 1), as well as attract customers from the nearby Santa
Road / US Highway 101 off-ramp. The applicant is requesting a total of 82 s.f. of
changeable copy signage, and 128 s.f. monument signage along San Gabriel Road.
The total signage that would be permitted on -site would be 380 s.f., which is three times
the amount of legally permitted signage under the City’s Signage Ordinance.
Changeable Copy Signage:
Per the Atascadero Municipal Code (AMC), the applicant may apply for additional
signage including changeable copy signage. This changeable copy signage would be in
addition to the standard allowable signage for commercial businesses within the
Commercial Neighborhood (NR) zone.
The applicant currently uses a number of changeable copy signs to advertise prices and
goods sold on-site. Staff has been working with the applicant in addition to many
businesses along El Camino Real to bring banner displays and similar changeable copy
signage into conformance with the Municipal Code. Attachment 1 shows the current
location of proposed changeable copy signs.
These changeable copy signs would be affixed to the building, either directly on the
building, or on existing windows and doors. The maximum amount of changeable copy
signage or temporary signage affixed to a window, door, or building is proposed to be
Page 3
82 s.f. As a part of findings for exceptions to the City’s Signage Ordinance, the intent of
the City’s Signage Ordinance must be met (AMC 19-15.001). The Sign Ordinance
establishes the following:
9-15.001 Sign Ordinance Intention:
(a) Maintain and improve the aesthetic environment and overall community appearance to foster the
City’s ability to attract sources of economic development and growth;
(b) Encourage the effective use of signs as a means of communication in the City and reduce possible
traffic and safety hazards from confusing or distracting signs;
(c) Implement quality sign design standards that are consistent with the City’s General Plan, Zoning
Ordinance and Appearance Review Guidelines;
(d) Enable fair and consistent enforcement of these sign regulations;
(e) Minimize possible adverse impacts of signs on private and public property in order to maintain
property values and to maintain a positive City image;
(f) Enhance traffic safety by ensuring that signage does not distract, obstruct or otherwise impede
traffic circulation and to safeguard and preserve the health, property, and public welfare of
Atascadero residents through prohibiting, regulating, and controlling the density, location, and
maintenance of signs;
(g) Permit noncommercial signage wherever other signage is permitted within Chapter 9-15 subject
to the same standards and total maximum allowances for a site of each sign type specified in this
chapter
To make the required findings, consistent with Section 9-15.006, the need must be
established based on the Sign Ordinance intention above. At the September 2015 DRC
meeting, the applicant established a need for signage based on attracting additional
business to the premise. This meets a primary tenant of fostering the City’s “ability to
attract sources of economic development and growth .” However, changeable copy
signage and temporary signage that is currently displayed may not be the most effective
use of signage, nor does it implement quality sign design standards.
To meet subsection b and c of Section 9-15.001, the Hearing Officer is requiring that
changeable copy signage or temporary signage affixed to the building, excluding
windows and doors should have a decorative border, or other permanent border to
frame in such signage to avoid a cluttered appearance similar to a banner sign.
Additionally, changeable copy signage / temporary signage will not be allowed in
additional locations that are not shown in Attachment 2.
Oversized Monument Signage:
The applicant has constructed an oversized monument sign that has a sign face of 128
s.f., without obtaining an AUP or CUP, per Section 9-15.003(d)(7) of the AMC, or a
building permit that ensures construction consistent with the California Building Code
(CBC). The oversized monument sign is located on the property adjacent to San
Gabriel Road. The intention is to attract additional customers from the Santa Rosa Road
Northbound US 101 freeway off -ramp. This monument sign replaced a previous,
unpermitted sign that advertised gas prices.
Page 4
At the September 2015 DRC meeting, the DRC directed the applicant to work with staff
on a solution to modify the sign to enable the City to permit the sign as well as directing
the applicant to include the following:
Obtaining a building permit for the monument sign by converting the structure
into a monument sign including pedestal base and other required items for
monument signage;
Removing changeable copy signage facing El Camino Real;
Maximum total signage face of 128 s.f.
These conditions have been included as a part of the Hearing Officer’s condition of
approval. In addition, these items are necessary to meet the findings for the additional
signage requested. Attachment 3 details the proposed monument signage and required
elements that are needed for consistency with the Hearing Officer’s findings.
Off-Site Signage
The applicant has requested additional off-site signage, including the use of a vehicle
that displays the location of the business directly adjacent to the freeway off ramp. The
DRC directed the Hearing Officer and applicant that no off -site signage will be permitted
through the AUP process. If the AUP is approved by the Hearing Officer, off-site
signage, including any vehicles, a-frame signs, and other types of signage located off -
premise shall be removed by the applicant, and shall be subject to further review by the
City to ensure compliance.
RECOMMENDATION:
The Hearing Officer adopt Resolution AUP 2015 -A approving Administrative Use Permit
2015-0074, thereby permitting changeable copy signage and an oversized monument
sign for an existing commercial business, with a maximum of 380 s.f. of commercial
signage, based on associated findings and subject to conditions of approval.
Findings
The hearing officer must make required findings for Sign Ordinance exceptions. The
following are the required findings in order for the Hearing Officer to approve a Sign
Ordinance exception.
Finding:
(a) The need for such signing is based on the purposes set forth in Section 9 -15.001
Staff Comment:
Temporary banners are typically used as advertising to announce grand openings,
specials, sales, etc. In this instance, the applicant is proposing to utilize changeable
copy signage or temporary signage affixed to the building and an oversized monument
sign to attract additional business. This alone does not maintain or improve the
aesthetic environment and overall community appearance to foster the City’s ability to
attract development and growth, which is the intent of the City’s Sign Ordinance.
Page 5
To make the appearance finding and foster growth, the Hearing Officer is
recommending the following conditions be placed on the excess signage for both the
changeable copy signage and the oversized monument signage:
1. Changeable copy signage that is affixed to the building must be framed by
decorative border or other type of frame;
2. Oversized monument signage must eliminate changeable copy signage on sign
façade facing westbound San Gabriel;
3. Monument signage must conform with City’s monument signage design
guidelines and standards, including placement of a decorative base /pedestal,
landscaping, and other monument sign elements.
Finding:
(b) The opportunity to combine signs for more than one (1) use on a single sign
structure has been considered;
Staff Comment:
Multiple changeable copy signage or temporary signage does not combine signage to a
single structure. Through approval of the AUP, the Hearing Officer will be limiting the
amount of changeable copy signage permitted on the premise. This will limit the ability
of additional sign clutter, as well as, provide the applicant flexibility to continue to
generate additional business for his store.
The oversized monument signage shall not include changeable copy signage on the
sign façade facing westbound San Gabriel Road. This achieves the opportunity to
combine signage into one (1) sign structure.
Finding:
(d) Conformance with all other applicable codes and ordinances of the City, including,
but not limited to, the Zoning Ordinance, General Plan and its several elements, and the
Appearance Review guidelines.
Staff Comment:
The applicant is proposing to add additional signage beyond that maximum allowed per
the City’s Sign Ordinance. With the additional conditions of approval, the signs would be
in conformance with pertinent City documents.
Environmental Determination
Class 11 of the California Environmental Quality Act (CEQA) (Section 15305) exempts
the placement of minor structures accessory to existing commercial, industrial, or
institutional facilities including the placement and construction of on-premise signage.
Conditions
1. The granting of this Administrative Use Permit shall apply to 9990 El Camino
Real, APN: 050-081-030
2. The Hearing Officer's decisions shall be final unless appealed as provided in
Section 9-1.111 of the Atascadero Municipal Code.
Page 6
3. Total on-site signage shall not exceed 380 s.f. This includes the following:
a. 80 s.f. monument signs facing El Camino Real;
b. 48 s.f. illuminated wall mounted can signage on building façade;
c. 40 s.f. of signage on gas canopy;
d. 84 s.f. of changeable copy / temporary signage;
e. 128 s.f. monument signage facing San Gabriel Road.
4. Changeable copy signage shall only be allowed in the locations as shown in
Exhibit 2.
5. Changeable copy signage / temporary signage that is wall mounted shall be
placed in a decorate frame that is mounted to the building. This will require a
building permit to be applied for to legalize this within 30 days of this approval.
6. Applicant shall submit a building permit within 30 days of this approval to legalize
monument signage.
7. Monument signage must include the following elements:
a. Include decorative pedestal base;
b. Landscaping;
c. Elimination of temporary copy signage facing westbound San Gabriel
Road.
8. Monument Signage shall reflect these elements as shown in Attachment 3.
9. Off-premise signage is prohibited including the use of the following:
a. A-frame signage on sidewalks or City right-of-way
b. Signage within a designated Caltrans right-of-way
c. Vehicle signage utilized as a billboard, consistent with Section 9-15.003
(d)(7) of the Atascadero Municipal Code, or its successor code section.
10. Off-site signage shall be prohibited and subject to enforcement consistent with
the Atascadero Municipal Code. Off-site signs placed on the City’s right-of-way
may be subject to removal.
11. Vehicle signage that is utilized as a billboard shall be prohibited. Vehicles used
as a billboard includes, but not limited to, directional signage, a vehicle parked
off-premise for a set amount of time directing patrons to the business, or any
vehicle that is not consistent with Section 9-15.003(d)(7) or its successor code.
Code Requirements
1. Must meet California Building Code requirements (CBC) for monument signage.
2. Consistent with 9-15.001 – Sign Ordinance intent.
3. No off-premise signage consistent with 9-15.003(d)(7).
Page 7
Action:
Approve
Approve as modified
Deny
Continue to: _______________ to allow _________________________________
____________________________________________________________________
Continue indefinitely to allow: __________________________________________
_____________________________________________________________________
_____________________________________________________________________
___________________________________
Hearing Officer
Attachment 1: Location Map
Attachment 2: Changeable Copy / Temporary Signage Location
Attachment 3: Oversized monument signage
Page 8
Attachment 1: Location Map
Address: 9990 El Camino Real
Assessor Parcel Number: 050-081-030
General Plan Designation: General Commercial (GC)
Zoning District: Commercial Neighborhood (CN)
Page 9
Attachment 2: Changeable Copy / Temporary Signage Locations
Sign on building
to include
decorative Frame
Location of Changeable Copy / Temporary Signage.
Max. 82 square feet (sf)
Page 10
Attachment 3: Oversized Monument Signage
Must be freestanding monument signage
Maximum 128 square feet (sf)
6-foot wide by 8-foot height
Changeable copy
signage to be
eliminated
Base to have
decorative pedestal /
landscaping