CITY OF VACAVILLE PLANNING COMMISSION Agenda Item No. G.2 STAFF REPORT October 6, Staff Contact: Peyman Behvand (707)

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1 CITY OF VACAVILLE PLANNING COMMISSION Agenda Item No. G.2 STAFF REPORT October 6, 2009 Staff Contact: Peyman Behvand (707) TITLE: REQUEST: RECOMMENDED ACTION: EL POLLO LOCO CENTER (MERIDIAN PLAZA) FREEWAY SIGN DESIGN REVIEW AND PLANNED SIGN PROGRAM REQUESTS TO CONSTRUCT A SIXTY (60) FOOT- HIGH MULTI-TENANT FREEWAY SIGN AT 1450 EAST MONTE VISTA AVENUE CONSISTING OF TENANTS IN THE EL POLLO LOCO CENTER, BROWNS VALLEY MARKETPLACE AND THE STARS RECREATION CENTER. APPROVE THE PROPOSED DESIGN REVIEW AND PLANNED SIGN PROGRAM REQUESTS, SUBJECT TO THE CONDITIONS OF APPROVAL. APPLICATION INFORMATION APPLICATIONS: Design Review and Planned Sign Program FILE NO: File No APPLICANT: Nicholas Capenhurst, JSJ Electrical Display PROPERTY OWNER: Dave Vorpahl PROPERTY INFORMATION LOCATION: ZONE: GENERAL PLAN DESIGNATION: CURRENT LAND USE: ADJACENT ZONING & USE: 1450 East Monte Vista Plaza CG General Commercial General Commercial CG Denny s Restaurant and Bar North: CG Browns Valley Marketplace South: Interstate 80 East: Interstate 80 on-ramp West: CG Best Western Heritage Inn Motel PROJECT SUMMARY: HEIGHT OF SIGN: SIGN AREA: BUILDING MATERIALS: Proposed: 60 ft. Maximum allowed by Code: 60 ft. Proposed: 386 sq. ft. Maximum allowed by Code: 325 sq. ft. Seven sign panels are proposed. Meridian Plaza: 96 sq. ft.; El Pollo Loco; 49 sq. ft.; Future tenant: 49 sq. ft.; Nugget Markets; 48 sq. ft.; Bed Bath & Beyond: 48 sq. ft.; Stars Recreation Center; 48 sq. ft.; Future tenant: 48 sq. ft. Texcoated aluminum sign structure with stone veneer base. Metal cabinets with routed out lettering.

2 PROJECT DESCRIPTION The project proposal is to construct a new 60 ft. high multi-tenant freeway sign at 1450 East Monte Vista Avenue at the El Pollo Loco center, which is currently under construction. As part of the Planned Sign Program request, the applicant is proposing to include uses from off-site locations at the Browns Valley Marketplace and Stars Recreation Center. Specifically, parties to the Planned Sign Program are: the El Pollo Loco site, Nugget Supermarket, Bed Bath & Beyond, the tenant space in the former Yard Birds building, and Stars Recreation Center. In addition, the applicant requests to exceed the maximum sign area (325 sq. ft.) by 61 sq. ft. to 386 sq. ft. The Planning Commission has the authority to approve this exception as part of a Planned Sign Program approval. The proposed sign is a 386 sq. ft. structure consisting of a single-pole design with textured paint and stone base, with routed-out lettering. The applicant is proposing to include 7 sign panels including the name of the center and six other tenants. The proposed sign panels range in area from 48 sq. ft. to 96 sq. ft. If the sign is approved and constructed the existing Browns Valley Marketplace freeway sign would be removed or modified to a Code-compliant freestanding/monument sign. The Planned Sign Program would establish standards for which properties already eligible for a freeway sign are allowed to use the sign and other maintenance or operational requirements. BACKGROUND In 2005, as part of the realignment of East Monte Vista Road and the development of the Nut Tree project, the City removed the westbound freeway off-ramp at the intersection of East Monte Vista Avenue and Browns Valley Road. The owners of the Browns Valley Marketplace (BVMP) objected to the removal of the off-ramp because they felt it would impact their businesses. In the interest of addressing this concern, the City s Redevelopment Agency (RDA) entered into an agreement with BVMP. Among other items this agreement required RDA/City to: Fund, construct and maintain a directional sign for BVMP and Stars near the East Monte Vista Avenue Nut Tree westbound off-ramp; and Cooperate with BVMP in relocating or modifying their freeway sign to gain more visibility. From 2005 through 2008, RDA/City and BVMP reviewed different sign designs and locations for the directional sign. The City reserved a place for a future BVMP directional sign on the Nut Tree property near the new freeway off-ramp when the tentative map and easements were approved for the Nut Tree project. During staff review of the El Pollo Loco (EPL) project in 2008, the applicant inquired about installing a freeway sign at the El Pollo Loco site. Staff informed the applicant that the site did not qualify for freeway sign as required by the Land Use and Development Code. The 1.1 acre site does not meet the 5-acre minimum parcel size to be eligible for a freeway sign (Section D.3). Staff suggested that the Planning Commission might be amenable to approving a multi-tenant sign that would include BVMP tenants as part of a Planned Sign Program. This concept was supported because it would: Provide better visibility for the BVMP tenants; Eliminate the need for a directional sign for BVMP and Stars near the Nut Tree; and In 2008, the Planning Commission approved the El Pollo Loco project which was not normally eligible for its own freeway sign per the Sign Ordinance. In addition, the Commission approved an exception to the Sign Ordinance to allow a 50 ft. high freestanding sign for the EPL site subject to a staff-level Design Review. As an alternative, the Planning Commission allowed the developer to construct a 60 ft. high shared sign with BVMP, subject to a Planning Commission-level Design Review and Planned Sign Program. Staff noted in the report to the Planning Commission that as part of the approval of a multitenant sign the existing BVMP sign would be removed because the BVMP is permitted only one freeway sign per the provisions of the Sign Ordinance. A benefit of allowing a taller and larger multi-tenant sign 2

3 on the EPL site was that there would be one, not two, freeway signs on the adjoining parcels as a result of the removal or modification of the existing BVMP sign. The applicant has prepared and plans to record an agreement with the owners of Nugget Supermarket, Bed, Bath and Beyond; the current owner of the former Yard Birds; and Stars Recreation Center. A current draft of the agreement is attached as Exhibit F. If the Planning Commission approves the proposed freeway sign, the agreement will be finalized and recorded, providing for the removal of the existing BVMP freeway sign or reduction of the sign to a Code-compliant monument sign. In the event that this agreement fails to be executed by the participants in the Planned Sign Program, El Pollo Loco will only be eligible for a 50 ft. high freeway sign that meets all other Code requirements, including the elimination of all sign panels intended for BVMP and Stars. RECENT ACTIONS 2002 The Building Division approved a Sign Permit for the existing 60 ft. high Browns Valley Marketplace freeway sign. Tenants identified on the sign are Nugget and Bed Bath & Beyond Various miscellaneous permits were issued by the Building Division for the structure and on-site improvements of the former Denny s The City s Redevelopment Agency entered into an agreement with tenants in Browns Valley Marketplace center. Among other items this agreement required the RDA/City to fund, construct and maintain a directional sign for the BVMP near the East Monte Vista Avenue/Nut Tree off-ramp. October 2008 The Planning Commission approved the El Pollo Loco Complex Planned Development and Conditional Use Permit. The approval included the construction of two drive-through restaurants, landscape setback reductions and staff-level approval of a 50 ft. high freeway sign. The conditions of approval were revised to allow the applicant to apply for a 60 ft. high freeway sign that included other off-site uses such as Stars Recreation Center and three tenants from the Browns Valley Marketplace shopping center, subject to Planning Commission review and approval. Denny s was subsequently demolished and construction began on El Pollo Loco. PROJECT ANALYSIS COMPLIANCE WITH CITY ORDINANCES AND ISSUES 1. Design Review Section (Signs) of the City of Vacaville Land Use and Development Code requires Design Review approval for all new signs and sign plans. In this case, the applicant is proposing a new freeway sign and Planned Sign Program, therefore, a Design Review approval is required. The proposed freeway sign is a 60 ft. high single-pole design structure. The proposed exterior finish is textured paint with metal retainer cabinets. A portion of the base of the sign up to a height of 12 ft. includes a stone veneer to match the stone on the El Pollo Loco (EPL) building. The Planning Commission required the freeway sign to include stone veneer to be consistent with the El Pollo Loco building materials. Compared to other newer freeway signs, the proposed design is a simple flag style design without architectural features surrounding the sign cabinets. The simplified design has a scale that is appropriate for the small (+ 1 acre) site, which is adjacent to the freeway on-ramp. However, minor 3

4 design changes are recommended to add additional design elements to the sign. In addition, while the proposed painted geometric El Pollo Loco shapes on the sign pole are a design feature on the adjoining EPL building, they do not tie in with the stone on the base of the sign pole. Condition No. 3 recommends that the exterior design of the sign be revised to include additional stone and a decorative metal element connecting the edge of the lowest sign panel to the pole. These modifications will provide for a more visually appealing sign while not changing the overall design. Without these changes, staff does not support the proposed design. The sign consists of 7 panels ranging in size from 48 sq. ft. for the Browns Valley Marketplace (BVMP) tenants to 96 sq. ft. for Meridian Plaza. The proposed letter design for the sign cabinets is a routed-out design. This type of design refers to flat surface sign where the individual letters are cut or routed out of the surface. Typically this type of design includes an opaque background so that when lit only the letters are illuminated. The tenant sign panels for the Nut Tree development and Leisure Town Plaza are examples of this type of design. This design would be in compliance with a previous condition of approval for the El Pollo Loco project, which required an individual letter design with an unlit background. 2. Planned Sign Program Section (Signs) of the Land Use and Development Code requires Design Review approval for new signs and Sign Plans. The purpose of a Sign Plan, also referred to as a Planned Sign Program, is to coordinate all signs with building and landscaping design to form a unified design or architectural statement or theme. A Planned Sign Program will determine the number, height, area, location, design, color and materials of all proposed signs. In this case, a Planned Sign Program is necessary to approve: Off-Site Location - The applicant is proposing to construct a joint freeway sign that consists of tenants from three different locations including the El Pollo Loco site, the Browns Valley Marketplace center which is located across the street from the EPL site, and the Stars Recreation Center. Sign Area - The applicant is proposing a 386 sq. ft. sign. The Land Use and Development Code allows a maximum 325 sq. ft. for signs identifying more than business. The proposed sign area exceeds the allowable sign area by 61 sq. ft. The Code states: Through Design Review approval, the Planning Commission may allow signs that vary from the provisions of this chapter in order to encourage higher quality and creativity in sign design and to address unique site and building design constraints. In this case, staff believes that an off-site multi-tenant sign is appropriate because it would provide increased visibility for the BVMP center and Stars Recreation Center, and it would reduce the need for two freeway signs since the BVMP sign will be removed or lowered to a monument sign if this project is approved. ENVIRONMENTAL REVIEW Categorical Exemption Pursuant to Section 15311(a), Class 11 (Accessory Structures) of the California Environmental Quality Act (CEQA), the construction of minor accessory structures to existing commercial facilities such as signs, is Categorically Exempt from the requirements of CEQA. No additional environmental analysis is required. CONCLUSION The applicant is proposing to construct a multi-tenant freeway sign that would include other offsite tenants at the Browns Valley Marketplace and Stars Recreation Center. The applicant is also 4

5 requesting to increase the allowable sign area form 325 sq. ft. to 386 sq. ft. Staff is supportive of the applicant s request and the variations in particular because: The proposed sign, is conditioned to be compatible with the design of the El Pollo Loco building. The construction of this sign will provide greater identification of Nugget, Bed Bath & Beyond, the former Yard Birds tenant space, and Stars Recreation Center. If the sign is approved, the existing Browns Valley Marketplace freeway sign will be removed or reduced to a monument sign, benefiting the aesthetic character of the area by removing a tall freeway sign structure. The approval of the proposed sign will eliminate the need for a directional sign on the Nut Tree property. RECOMMENDATION That the Planning Commission adopt Resolution No , approving the El Pollo Loco Center (Meridian Plaza) Freeway Sign Design Review and Planned Sign Program, subject to the conditions of approval attached as Exhibit A. ATTACHMENTS: Exhibit A - Conditions of Approval Exhibit B - Location Map Exhibit C - Boundary of Planned Sign Program Exhibit D - Site Plan Exhibit E - Proposed Signage Packet Exhibit F - Sign Construction, Maintenance & Easement Agreement 5

6 RESOLUTION NO RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF VACAVILLE APPROVING THE EL POLLO LOCO CENTER (MERIDIAN PLAZA) FREEWAY SIGN DESIGN REVIEW AND PLANNED SIGN PROGRAM WHEREAS, the Planning Commission of the City of Vacaville conducted a hearing on October 6, 2009, to consider a request for the El Pollo Loco Center (Meridian Plaza) Freeway Sign Design Review and Planned Sign Program to construct a 60-ft. high multi-tenant freeway sign, relating to the following described property: 1450 East Monte Vista Avenue APNs and 100 WHEREAS, the public hearing before the Planning Commission was duly noticed in accordance with applicable state law and the Vacaville Development Code requirements; and WHEREAS, the Planning Commission received testimony from City staff, the applicant, and all interested persons regarding the proposed project; and WHEREAS, the Planning Commission has determined that the project is categorically exempt under Section 15311(a), Class 11, (Accessory Structures - Signs) of the California Environmental Quality Act (CEQA) Guidelines. WHEREAS, The Planning Commission has reviewed the request for El Pollo Loco Center (Meridian Plaza) Design Review Permit and finds: 1. That the project is consistent with the goals, objectives, and policies of the General Plan, the Zoning Ordinance, and the Development Code; The Land Use and Development Code requires a Design Review for the proposed sign, which the applicant is obtaining and would therefore be in compliance with the Code. 2. That the proposed project is consistent with the standards and regulations of the applicable zoning district, and is consistent with any other approvals for the site; The proposed freeway sign would be located in a General Commercial (CG) zoning district. The Code allows freeway signs such as the proposed structure with a Design Review approval, which the applicant is obtaining. 3. That the subject site is suitable for the type and intensity of use or development proposed, and that the design, size, and other physical characteristics of the proposed use are compatible with adjacent uses, or with adjacent natural resources; The project site is suitable for a freeway sign. As proposed and conditioned staff is not anticipating any land use impacts to adjoining uses. 4. That the proposed uses will not be detrimental to the public health, safety, or welfare of the community; The proposed freeway sign will not be detrimental to the public health, safety, or welfare of the community. 5. That adequate public facilities and services are available to serve the site or will be made available concurrent with the proposed development; All City utilities are available to serve the site. 6. That projected traffic levels and levels of service are, or as result of conditions of approval, will be consistent with the policies of the Transportation Element of the General Plan; The 6

7 proposed project will not create any impacts to traffic levels or levels of service on the City s circulation system or the Transportation Element of the General Plan. 7. That the project is consistent with any design guidelines adopted pursuant to Section (C) of Division 14.01, Administration, of this Title, for the type of use or structure proposed. As designed and conditioned the proposed project will be consistent with the City s commercial design goals. 8. That the project includes variations from the provisions of the Sign Ordinance (Section ) which are offset by aspects of the Planned Sign Program. The proposed project is an off-site freeway sign which exceeds the allowable sign area. The Code allows a minimum 325 sq. ft. for multi-tenant signs and the proposed freeway sign is 386 sq. ft. These variations of the Code are offset because: (1) the proposed sign is compatible with the design of the El Pollo Loco building; (2) the construction of this sign will provide greater identification of Nugget, Bed Bath & Beyond, the former Yard Birds tenant space, and Stars Recreation Center; (3) if the sign is approved the existing Browns Valley Marketplace freeway sign will be removed or reduced to a monument sign. This will benefit the aesthetic character of the area by removing a tall freeway sign structure; (4) the approval of the proposed sign will eliminate the need for a directional sign on the Nut Tree property; and (5) the proposed sign will eliminate the future potential for a freeway sign on the Stars Recreation parcel. NOW, BE IT RESOLVED, that the Planning Commission does hereby approve the El Pollo Loco Center (Meridian Plaza) Freeway Sign Design Review and Planned Sign Program subject to the conditions of approval (EXHIBIT A) attached hereto and incorporated by reference to this resolution. I HEREBY CERTIFY that the foregoing resolution was introduced and passed at a regular meeting of the Planning Commission of the City of Vacaville, held on the 6 th day of October, 2009 by the following vote: ATTEST: AYES: NOES: ABSENT: Maureen T. Carson, Director of Community Development 7

8 EXHIBIT A CONDITIONS OF APPROVAL EL POLLO LOCO CENTER FREEWAY SIGN 1450 East Monte Vista Avenue File No I. Standard Conditions of Approval: The applicant shall comply with the applicable Standard Conditions of Approval for Nonresidential Development. In the event of a conflict between the Standard Conditions of Approval and these Conditions, these conditions shall prevail. II. Project-Specific Conditions: The applicant shall comply with the following Project-Specific Conditions: PLANNING 1. Plans submitted for Building Permits shall be in substantial compliance with plans approved by this action and dated October 6, 2009, expect as modified by these conditions of approval. 2. This action approves the construction of a 60 ft. high multi-tenant freeway sign. Prior to construction of the Meridian Plaza freeway sign, the existing Browns Valley marketplace freeway sign shall be removed or reduced to a Code complaint monument sign. 3. The final design of the freeway sign (submitted with the sign permit) shall include the following: a. Extension of the stone veneer with cap to bottom of the lowest sign panel (from a height of 12 0 to 24 8 ). b. The top portion of the sign above Meridian Plaza sign panel shall include a stone veneer to match the base of the sign. c. The individual geometric shapes/logos shall be removed from the sign. d. A decorative metal element shall be installed to connect the bottom portion of the lowest panel to the main sign pole. The same type of decorative metal element shall be installed along the back ends of the sign panels from Meridian Plaza to the lowest sign panel. 4. The construction, operation or maintenance of the sign shall not result in the reduction of any approved on-site landscaping. 5. All signage lettering shall be an individual letter design. This shall mean that only the letters can be illuminated and not the sign background. 6. In order to facilitate the coordination of the removal of the existing BVMP freeway sign and construction of the new EPL freeway sign, the Building Permit for the freeway sign may be issued in two phases. Phase one shall be for construction of the concrete footing. Permits for the construction of the concrete footing may be issued prior to removal of the BVMP freeway sign. Phase two shall be for construction of the sign structure panels and other exterior finishes. The phased issuance of the building permit facilitates the initiation of the construction of the concrete footing by the El Pollo Loco owner while the BVMP owner removes or modifies the BVMP sign prior to construction of the new freeway sign. 7. This Planned Sign Program (PSP) shall provide freeway signage for the following properties with the following standards: a. The PSP covers the El Pollo Loco complex including the future building, Browns Valley 8

9 Marketplace and the Stars Recreation Center. Prior to issuance of Building Permits the developer shall submit a site plan with the adopted boundaries of the PSP for Community Development Department records. b. Uses identified on the sign shall be limited to those uses listed in the City s Sign Ordinance Section D.2 (freeway sign uses). c. Changes to the sign panels shall be subject to review and approval by the Director of Community Development. d. Prior to issuance of Building Permits, an agreement shall be executed which identifies the qualified business for the sign and maintenance access rights to the sign to ensure permanent maintenance of all sign panels. This agreement shall be privately administered and enforced. A signed copy of the notarized and recorded agreement shall be submitted to the Planning Division prior to issuance of any building permits for Phase 2 of the sign permit. e. The BVMP and Stars parcels shall not be eligible for additional freeway signs on the BVMP or Stars parcels. 8. Should an agreement between the El Pollo Loco, Browns Valley Marketplace and Stars owners fail to be executed, this Planned Sign Program shall be null and void. 9. The Applicant (JSJ Electrical Display) and development shall comply with these conditions of approval and all applicable provisions of the Vacaville Municipal Code (Zoning, Subdivision, Building Codes, etc.), the Vacaville General Plan and any applicable policy plan or specific plan, as such provisions may be amended from time to time including, but not limited to, Vacaville Municipal Code Section , which requires, except as otherwise provided by law (e.g. Government Code ) that the Applicant shall defend, indemnify, and hold harmless the City and its officials and employees in any action, claim or proceeding brought by any person or entity to overturn, set aside, or void any permit, entitlement, or approval issued or granted by the City. The City shall promptly notify the Applicant of any such action, claim or proceeding and the City shall cooperate with Applicant in the defense thereof without contributing to the cost of such defense. 10. The Applicant (JSJ Electrical Display) shall indemnify, defend and hold the City of Vacaville and its officers and employees harmless against all claims, suits or actions made against them arising out of or in connection with the ownership, occupancy, use or development of the project site, or any portion thereof, including the installation or construction of improvements thereon; however, this duty to indemnify and defend shall not extend to any claim, suit or action arising solely from the City or its officers or employees' negligence or misconduct. In addition, the Applicant shall comply with the requirements of Vacaville Municipal Code Section

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