CITY COUNCIL: Appeal of Planning Commission's Denial of Request for Second Business Sign for Oliver, Elliott and Sebastian Fine Art Gallery

Meeting Date: 3 August 2010
Prepared by: Sean Conroy, Plng & Bldg Services Manager

City Council
Agenda Item Summary

Name: Consideration of an appeal of the Planning Commission’s denial of a request for a second business sign for Oliver, Elliott and Sebastian Fine Art Gallery on the N/S of Sixth Avenue between Dolores & Lincoln. The appellant is Carl Brzovich.

Description: The appellant is requesting that the City Council overturn the Planning Commission’s denial of additional signage on the front window of the gallery. The signage advertises the names of the artists displayed in the gallery.

Overall Cost:
City Funds: N/A
Grant Funds: N/A

Staff Recommendation: Deny the appeal and uphold the Planning Commission’s decision.

Important Considerations: CMC Chapter 17.40 allows one business sign per business in the Commercial District. Additional signage may be permitted under unusual circumstances. All signage applied directly to window glass requires Planning Commission approval.

Decision Record: The Planning Commission denied this application on 12 May 2010. The business owner filed an appeal with the City Clerk on 26 May 2010.

Reviewed by:

__________________________ _____________________
Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
DEPARTMENT OF COMMUNITY PLANNING AND BUILDING
STAFF REPORT
TO: MAYOR MCCLOUD AND COUNCIL MEMBERS
FROM: SEAN CONROY, PLNG & BLDG SERVICES MANAGER
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
DATE: 3 AUGUST 2010
SUBJECT: CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION’S DENIAL OF A REQUEST FOR A SECOND BUSINESS SIGN FOR OLIVER, ELLIOTT AND SEBASTIAN FINE ART GALLERY ON THE N/S OF SIXTH AVENUE BETWEEN DOLORES & LINCOLN. THE APPELLANT IS CARL BRZOVICH.

BACKGROUND & DESCRIPTION
The site is located on the north side of Sixth Avenue between Dolores and Lincoln Streets and is occupied by Oliver, Elliot and Sebastian Fine Art Gallery. The gallery was approved at this location on 1 July 2009 with a condition that only one sign be permitted, unless otherwise approved by the Planning Commission. The property owner has one business sign located above the entry that complies with the sign ordinance.

As part of its enforcement activities, the City noticed that lettering had been applied to the front window identifying various artists that are displayed in the gallery. The City contacted the property owner and requested that the lettering either be removed or that an application for an additional sign be submitted.

On 12 May 2010, the Planning Commission denied the request for the signage on the window. The applicant filed an appeal with the City Clerk on 26 May 2010.

EVALUATION
The City’s sign ordinance was designed to maintain the character of the downtown, prevent the installation of an excessive number of signs, and avoid visual clutter. Typically, only one sign is permitted per business.
CMC Chapter 17.40.020.B indicates that additional business signs may be permitted by the Planning Commission in unusual circumstances, such as a business with entrances on separate streets. The ordinance also requires Planning Commission approval for any sign that is affixed to glass.

This space has only one entrance and there appears to be no special circumstances that would warrant approval of an additional sign at this location. If each business were to install signage on the front windows similar to what is being proposed, the result would be a significant amount of visual clutter.

RECOMMENDATION
Deny the appeal and uphold the Planning Commission’s decision.

Window Height: 91"
Window Width: 101"
Overall Lettering Height: 12" 25
Attachment “A”
Sign Ordinance (emphasis added)
17.40.020 Permit Process.
A. Administrative Approval. Upon submittal of an application, the following signs may be approved by the Director: business signs, temporary business signs, business directories, menu boxes, take-away menu holders, real estate signs in the public right-of-way, and parking signs. In order to be approved, these signs must satisfy the purpose, objectives, and standards described in this chapter. At least once each year the Director shall report to the Planning Commission on the business signs, directories, menu boxes and take-away menu holders that have been approved through the administrative process.

B. Planning Commission Approval. Signs which, in the opinion of the Director, require exception from the standards described in this chapter shall be reviewed by the Planning Commission. The Planning Commission also shall review all business signs painted, etched or otherwise applied to glass, all signs made of plastics, fabric or imitation wood and all signs of architectural, cultural, and historical significance. The Commission may grant exceptions only to the number, location and design of business signs. The following criteria must be satisfied to grant the exception:

1. Number. Additional business signs may be permitted in unusual
circumstances such as, but not limited to, a business that has entrances on two different public rights-of-way.

2. Location. Signs shall clearly identify the business entrance. Signs shall be pedestrian-oriented except for gas stations and motels that are recognized by the City as predominantly vehicle-oriented business. Clutter from business signs at street frontages shall be avoided. Sign clutter along street frontages from multiple businesses within a courtyard or building shall be avoided.

3. Design. Any exceptions to design standards shall retain compatibility with the design, color, and scale of the building.