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HomeMy WebLinkAboutStaff Report 220-10City of Palo Alto City Manager's Report 6 TO: HONORABLE CITY COUNCIl, FROM: CITY MANAGER DATE: APRIL 19, 2010 REPORT TYPE: ACTION ITEM DEPARTMENT: PI,ANNING AND COMUNITY ENVIRONMENT CMR: 220:10 SUBJECT: Denial of an appeal by All Signs Services of an architectural review approval condition to delete two ancillary, illuminated wall signs: "Liquor" and "Photo" associated with a CVS pharmacy within the CN(GF)(p) zone district located at 2701 Middlefield Road. RECOMMENDATION Staff recommends that the City Council deny the appeal by approving the consent calendar item, thereby declining to hear thc appeal by All Signs Services and upholding the Director's decision to approve the Architectural Review application subject to the conditions as recommended by staff and the Architectural Review Board in the draft Record of Land Use Action (Attachment A). COUNCIL REVIEW AUTHORITY On March 9,2010, after review and recommendation by the Architectural Review Board (ARB), the Director approved with conditions, an application (09PLN-00314) for signage at the CVS Pharmacy at 2701 Middlefield Road. On March 22, 2010, within the 14 day request for hearing pcriod, the applicant, All Signs Services, submitted an appeal of the Director's approval. Pursuant to the Palo Alto Municipal Code (PAMC) Chapter 18.77.070, once the Director's decision is made and an appeal is filed, the project is sent to Council on the consent calendar. In !,he case of Architectural:Review applications, a minimum of three (3) council member votes are required to remove the project from the Consent Calendar and set a hearirig for a subsequent City Council meeting. If the item is not removed from the consent calendar, the Director's decision stands and no hearing is held. BACKGROUND On August 13, 2009, prior to the current application, the Director conditionally appmved an application for six wall signs (two "CVS/pharmacy" wall signs and two sets of ancillary "Photo" and "Liquor" wall signs) and painting of awnings to reflect the change of the business from a Longs Drugs to a CVS Pharmacy retail store, upon stafflevel review. The approval allowed the repainting of the awnings and required that the six signs not be internally illuminated, but be halo CMR:403:09 illuminated, a method of lighting used for other signs in the Midtown Shopping Center. The applicant did not appeal and the conditional approval was deemed effective as of August 27, 2009. The applicant however did not indicate acceptance of the conditions. Following the approval of th~ permit, tJle applicant installed six internally illuminated signs without the benefit of buildingpeimits and in violation of the sign permit's conditions of approval. The applicant then filed the current application which is identical to the prior application that was conditionally approved, because of a desire to retain and "legalize" the signs as installed. The application was referred to the ARB for recommendation. This application was heard by the Architectural Review Board (ARB) on March 4, 2010. Consistent with the ARB recommendations, the Director's approval allows only two halo illuminated "CVS/pharmacy" wall signs, and requires the repainting of the awnings to a color consistent with the existing building. Additionally, the conditions require the immediate removal of the two sets of ancillary wall signs and window sign installed without permits ("Liquor", "Photo" and illuminated window signs). The Director's approval letter is attached (Attachment C). ARCHITECTURAL REVIEW BOARD RECOMMENDATION At the hearing on March 4, 2010, the ARB recommended the use of halo illumination, removal of the ancillary "Photo" and "Liquor" signs, and repainting the awnings. The ARB stated that the ancillary "Photo" and "Liquor" signs were incompatible with the existing building and created a cl uttered appearanec. Staff has reeeived two letters from the public regarding the request. The first letter, from Ms. Lynn Chiapella, requested that the sign application be denied. The writer objected to the sign colors and proportions, as well as the ancillary signs. The second letter from the Midtown Residents Association supported the conditional approval that required the removal of the ancillary signs. The letters from the public are included as Attachment E to this report. DISCUSSION All Signs Service is appealing the Director's approval condition (condition 3) requiring the removal of the ancillary "Photo" and "Liquor" signs. The appellant does not object to using halo lighting or modifying the color of the awnings. The appellant requests that the ancillary signs be allowed because: 1) the total sign area does not exceed the maximum allowable size for wall signs on one elevation; and 2) the Safeway market on 2811 Middlefield Road was allowed a similar ancillary sign ("Pharmacy") along its Middlefield Road frontage. The installed signs advertise a "CVS/pharrnacy" on two wall signs and two sets of ancillary "Liquor" and "Photo" signs on both the Middlefield frontage and the west parking lot elevation. The two primary "CVS/pharmacy" wall signs measure 58.55 sq. ft. each. The "Liquor" sign is 6.71 sq. ft. arid the "Photo" sign is the smallest at 6.19 sq. ft. The installed signs are internally illuminated channel letters painted in the corporate red color. Six metal awnings have also been painted the CVS red to match the new corporate colors. The applicant's appeal letter is attached to this report as Attachment B. The Sign Ordinance, PAMC Chapter 16.20, contains the provisions that govern the type of signs, as well as the maximum sizes and locations of signs. However, per PAMC Section 16.20.020 (Design Review Required) and Zoning code section 18.76.020(bX3)(B), signs that conform to CMR:403:09 applicable Code requirements are subject to Architectural Review and must meet the Architectural Review findings (PAMC Section 18.76.020). The 'proposed area of the ancillary and the primary signs would not exceed the maximum allowed area. Planning staff had originally supported the ancillary signs because they did not exceed the maximum square footage for walls signs and with the provision that they be halo illuminated. However, upon a field review of the signs after installation, staff agreed with the ARB that the addition of the signs created a cluttered appearance. Both staff and the ARB determined that the ancillary signs were inconsistent with the immediate environment and improvements of the site area and therefore with the Architectural Review findings. An analysis of the project's conformance to maximum area allowed and number of signs per the Sign Ordinance is located in the ARB staff report ,(Attachment D). The Midtown Safeway's "Pharmacy" sign was approved at a staff level on August 14, 2008, as staff determined that the proposed signage was consistent with the requirements of both the Sign Ordinance and the Architectural Review findings. The Safeway supermarket has a frontage of approximately 150 fcet and a total of 96.5 sq. ft of all wall signs along the Middlefield Road frontage. The signs are placed only along the Middlefield Road fmntage. The subject CVS Pharmacy site has a narrower 125 feet of frontage along Middlefield Road and a total of 71.45 sq. ft. of wall signs are proposed. There are several differences between the Safeway supermarket and the CVS Pharmacy signs and sites. The supermarket building has a longer street frontage and a more varied building favade. Safeway's primary sign is located in the middle of the building fayade and the ancillary signs are placed at the left and right edges. Safeway is also set back approximately 135 feet from the Middlefield Road pr6perty line. The configuration of the building and location of signs, including the darker color scheme of the signs, provide more separation between the four signs and a more arehitecturally balanced appearance. The CVS Pharmacy building has a shorter frontage and is located only approximately 35 feet from Middlefield Road property line. The ancillary signs are proposed to be located directly on both sides of the primary CVS/pharmacy sign. The three CVS signs on both the Middlefield Road and parking lot elevations are proposed to be placed much closer together with a brighter color scheme on both the Middlefield Road and parking lot facades. Staff and the ARB members have both determined that the addition of the ancillary signs do not promote visual environments which are of high aesthetic quality and variety. RESOURCE IMPACTS The decision by Council to uphold the Director's decision would not result in any cost and/or revenue impacts to the City. The appeal process and development review costs are recovered through permit fees. POLICY IMPLICATIONS The proposed use is consistent with the Comprehensive Plan in that the proposed signage is for a retail use that is consistent with the site's Neighborhood Commercial land use designation . CMR: 403:09 . Page 3 of4 ENVIRONMENTAL REVIEW The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA). PREPARED BY: ~tL wW DEPARTMENT HEAD: CITY MANAGER APPROVAL: ATTACHMENTS A. Record of Land Use Action Se' I 'W '-'--"'·irector Planning and Community Environment B.· Appeal request from All Sign Services, dated March 23,2010 C. ARB Permit 09PLN-00314, approved March 9, 2010 D. ARB staff report, dated March 4, 2010 E. Public correspondence F. Photo of existing signs G. Location map COURTESY COPIES David Ford, Appellant Duca and Hanlcy Properties, owner . Midtown Residents Association Lynn Chiapella CMR:403:09 Page 4 of4 ATTACHMENT A APPROVAL NO. 2010- RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE APPROVAL FOR 2701 MIDDLEFIELD ROAD: ARCHITECTURAL REVIEW 09PLN-00314 (ALL SIGN SERVICES, APPLICANT) On April 19, 2010, the City Council denied the appeal of the' Planning Director's approval of an Archi tectural Review permi t to allow illuminated wall signs and fa9ade improvements, making the following findings, determination and declarations: SECTION 1. Background. The City Council of the City of Palo Alto ("City Council") finds, determines, and declares as follows: A. On December 22, 2009, All Sign Services applied for an Architectural Review 09PLN-00314 'to allow the installation of six internally illuminated wall signs and fa9ade improvements (the project) for CVS Pharmacy located at 2701 Middlefield Rd. B. Following staff review, the Architectural. Review Board reviewed the project and staff recommendation on March 4, 2010. C. On March 9, 2010, the Planning Director issued a condi tional approval based on the Archi tectural Review Board's recommendation to require that the internally illuminated wall signs be removed and replaced with halo illuminated wall signs. The approval also required two sets of ancillary signs to be removed and the repainting of the awnings to match the building. C. On March 22, 2010, the applicant appealed the Planning Director's decision. SECTION 2. Environmental Review. The appeal of the Director's decision and the scope of this project are exempt from the provisions of the California Environmental Quality Act per Sections 15270 and 15301. SECTION 3. Architectural Review Findings. 1. The design is consistent and compatible wi th applicable elements of the city's Comprehensive Plan, in that: The project, as conditioned, is consistent with Policy L-50: Encourage high quality signage that is attractive, appropriate for the location and balances visibility needs with aesthetic needs. The design of the sign, materials, and colors, as conditioned per the Director's approval, are attractive and appropriate for the site and the surrounding neighborhood. The ancillary "Photo" and 1 "Liquor" wall signs would not be consistent or compatible because installation would create a cluttered appearance when combined with the primary wall sign. 2. The design is compatible with the immediate environment of the site, in that: The design and placement of the signs, as conditioned, are consistent with the existing architectural style of the building. The colors and materials have been conditioned to be compatible with the existing building. The approved signs, as conditioned, are located where existing signs were previously approved to be located. The ancillary wall signs would not be consistent with the existing architecture and therefore have been required to be removed. 3. The design is appropriate to the function of the project, in that: The design, as conditioned, is appropriate to the function of the project, in that the ,;;ligns provide identification for the business for both customers traveling on Middlefield Road and those in the shopping center. The design is consistent with the Sign Code Regulation Palo Alto Municipal Code Chapter 16.20. 4. In areas considered by the board as having a unified design character or historical character, whether the design is compatible with such character, in that: . The design, as conditioned, is compatible with such character in that the channel letters and halo illumination are compatible with existing signage at the Midtown Shopping Center. Architectural Review findings 5 through 16 are not applicable to the project. SECTION 4. Archi tectural Review Approval Granted. Architectural Review Approval is hereby granted for the Project by the ci ty Council pursuant to Chapter 18.76 of the Palo Al to Municipal CodE!. SECTION 5. Plan Approval. The plans submitted for Building Permit shall be in substantial conformance with those plans prepared by Image National Inc., titled CVS I pharmacy , consisting of eight pages, dated December 19, 2009, and received April 8, 2010, except as modified to incorporate the conditions of-approval in Section 6. A copy of 2 .. . . these plans is on file in the Department of Planning and Community Development. The conditions of approval in Section 6 shall be printed on the cover sheet of the plan set submitted with the Building Permit application. SECTION 6. Conditions 1. The plans submitted for Building Permit shall be in substantial conformance with the ARB-approved plans dated received February 22, 2010 except as modified to incorporate these conditions of approval. 2. The ancillary signs ("Photos and "Liquor") shall be removed. 3. The wall signs shall be "halo-lit" (reverse pan channel lighting, such that the illuminated sign face shall appear essentially opaque) . 4. A Building Permit is required for the illuminated signs. 5. The awnings shall be repainted to a color consistent 1f/i th the exis ting building subj ect to the approval of the Planning Director. 6. The illegal internally illuminated wall and window signs shall be removed immediately. 7. The directional sign shall not be used for advertising services. 8. Wall signs shall not exceed a thickness of ten inches. 9. Not more than twenty percent of the total window space on a wall may be covered by window signs at any time. 10. The plans submitted for building permit shall state, "The contractor using the city sidewalk, alley or parking lot to work on an adjacent private building must do so in a manner that is safe for pedestrians and vehicles. The contractor must cone or tape-off the work area while still leaving adequate room for pedestrians and vehicles to safely pass. If the contractor's work area leaves insufficient sidewalk or alley space for safe pedestrian and vehicle passage, the contractor must apply to Public Works for an encroachment permit to close the sidewalk or alley. " 3 PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: • City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney APPROVED: Director of Planning and Community Environment PLANS AND DRAWINGS REFERENCED: 1. Those plans prepared "CVS/pharmacy", consisting of and received April 8, 2010. by Image National, Inc. titled eight pages, dated December 18, 2009, 4 ( Attachment B CITY OF PALO ALTO Office of the City CIIIIk APPEAL FROM THE DECISION Of DIRECTOR OF PLANNING AND COMMUNITY ENViRONMEIW If!t.£ff>-::'''' P\'Il. l V tid; > :_ C. . r-l r: 4 J For appeals of, final decisions on Archllectural Review Board IVId Hom~ Improvement ExoepUon applications (rendeJed after public -, hearing), !his ap~aI form shall be completed and submitted by ~l1ant witflln fourteen days from date of 1I1e DlreCtrir's decision, Appeals of final decisions on Individual Review applications (rendered affer IWbllc hearing) must be submitted wilhln ten days of lila Director's decision, ComJ*!te forni, the current fee and a letter slaUng reasons for the appeal shall be submitted to front desk staff oftha Planning Division, 5'> floor, Cily Hall, 250 Hamilton Avenue, eXC6ptfor 960 Fridays whenCily Hall is closed, when these Items shall be submitted 10 Planning staff at the Development Center, 265 Hamilton Avenue (glass storefront across !rom Cily Hall on lIIe corner of Bryant and Hamillon), ' , • Direclor of Planning includes hIs designees, whicih are Planning Managers or the Chief Planning Olnelal , Appeal ApplicatiOn No. dift.N -DDJ/'-/ RecelplNo, ______ _ Nameof~lIent J)AVI;z:>_L&-=v.?:.;;;''P::....... _______ Phone(?l~) ;S1il?-o~;;>_'1_,, __ _ Address /2'1 dUl0c;£€, 6-:-"f'o$lE'VuJ£!; C4 5'~7~'7 ~ ~ ~P LOCATION Of PROPERTY SUBJECT TO APPEAL: SlreetAddress __ ' --.-2.'101 Ih/pp;.e,!..n..!.:;ie::""_",,,,,,p=-~..!.:/CP==-,-, ______________ _ Name of Pro~rty Owner (K other1l1an ap~lIant) _PU4::'!_LIi!!N'L!f.'L..L ;f<>~~J' _~_, ___ _ PropertyOwne(SAddress~?1 L-lrLCEI-A/ AytE. 5A"l..J~ C4 . ____ 95"/Zr . ~ ~ ~ The decision of Ihe Director of Planning md Community Environment dated _._/J)/'1£~ ~ ___ , 2Q,....!../=.", __ ~bythe application t>'lJ'<..;v-ooh1 by PA'VIP ;4/Q> .. (61e numbe~ (ooginal projecl applicant) .)l1li9 d/l"'.eo V~ (approvedldenled) Date: W:>P'" ,Is hereby ~Ied for the reasons staled in the attached letter Qn dupficate) o . ~.(.?/ 7":=-p Signa\U~ ¢ Appallant--,4Z:~~·:::::r'::::::::::::L...2~::"~""'(::r. . PLANNING COMMISSION RECOMMENDATION TO THE CITY COUNCIL (TO BE FILLED OUT BY STAFF): ~te ____________ _ Approved Dented __ _ Remarks and/or Conditions: CITY COUNCIL DECISlON (TO flE FILLED OUT ElY STAFF): Oate _________ _ Approved !iented ___ __ Remarks and/or Condidons: SUBMITTAL REQUIREMENTS SATISFIED: 1. leIterstaUng reasons for eppeal ____ ReoelVlld !Jy: _____ . __________ _ 2. Fee (currently $i5t.flO) _~__ Received by: __ ._. ru..~ I l ALL SIGN SERVICES March 23, 2010 City of Palo Alto Planning Department 250 Hamilton Ave. Palo Alto, CA 94303 Dear Ms. Lee, 124 Allimore CI. Roseville, CA 95747 I would like to appeal the ARC decision on application #09PLN-00314 for the CVS signage located at 2701 Middlefield Road. While we are willing to work with some of the ARC's findings regarding the type of lighting used on the signage (halo as opposed to internal illumination) and the color of the awnings (red to match the tower roof and other architectural elements of the building), we disagree with their recommendation on secondary signage. The proposed signage falls within the city sign ordinance, and was previously approved by the Planning Staff under application #09PLN-000n (please see attached) The use of secondary signage is currently being done by the Safeway store in the same area (2811 Middlefield Rd.) where they have three signs located on the front facade of their building (please see attached). We believe that with proper spacing and location the proposed secondary signage can be made to work with the large available signage area. Thank you. Sincerely, f)~ David Ford All Sign Services (for Image National) CVS -2701 Middlefield Road We are proposing to replace the existing Longs Drugs signs located at 2701 Middlefield Rd. with new signs for CVS!pharmacy. CVS has acquired the Longs Drugs franchise and is in the process of rebranding all of the stores with new signs. CVS is proposing main signs that are a similar size to the existing longs Drugs signs (36" letter height), and the addition of two anciliary signs on the main and secondary elevation (Photo, liquor). These ancillary signs are 18" letlersets and are positioned to the left and right of the main sign. CVS is also proposing to replace the transom vinyl on the two entrances, the receiving plaque on the back door and repainting the existing awning to the CVS red. Mat'Gh 9,2010 David Ford All Signs SCTViceS 124 A1limore Court Roseville, CA 95747 ',. ; Attachment C ~ity9fPalQN!Q Department of Plllnnhrg anif .Coltll1!!{nit.v E ntJiromnii1I./c Sub:le(t: 2701 ty'liddlcjieIdRd. -Filll# 09PLN"003hl: Architectural Revie.w for siglls and f!\.;adeimtlt:ovement~ •.. DearMI'. Ford: On Thursday Mat'eh 4, 2010, the Arcl1i\ecwra1RevLewBoard (AI~g)I'evi~wed~n application for fu<;:ade. and.bui1ding modifitatiut1s at270l Mid4.lcqcld:Iid., Pa,lpAho. The ARB l'cview@ thep1"Qject and recomnwnded approval wlthcOn{jitionS' to, thepjret,t¢i' of Plahliing llt1d ComlTIuility llnvironmenL On Tucsdliy M~ch:.9,.201Q, tM Directpr QfPJanning andComtnunity Enviroumenl . conditieuuUy apjll'ove(i the projectasdcscribcd o.,Jow. PROJECT DESCRIpTION 2701 Middlefield Rd, [O.!)PLN-iso3141l· Request by All iljgn~ Ser,YtgeS, on behalf of Dlloa and HaIJleY Pl'Opeliies. Inc., for\\t<;hiieBluraL revie~ for of jl1l1niiti~!~£twall signs and fayade impl'ovement$ for CVS l'harmacy, Exemp(fl'om the provisiprrl\.'Qf,;~'$;2A. Section 15301. Zone: CN(OF)('p).i .. ~ ••.•. FINmNGSFORAP.PROVAL .' 1. The approval is based'upon the pr(jjecti'!icompHllO~c WTththe:'A~Jfil~teq\lired findings as stated in Allachment A. . . . CONDIt'IONS OF APl'!WVAL Planning »ivision . L The plans s\lbmitted for BuiJaing,Permltshll11 QC in subst!lntialoonfmmance with. the ARB­ approved plans dated received February 22, 2010 eXCept as modified 10 inCOrpOl'Nte these conditions of approval. 2. A copy of the ARB approval letter shaH be. printed oht)leplahl: submitt\.ld for bulJdiflg pennit. Plal1;njn~r 250 Hamiltl."HtAyt;·nue P.O. Box 10250 Polo Alto, CA 94303 6.s0.329.2Ml 650 329.2154 ''ra:hsp'bl'tatfon 250.HamUtonAvoJwo P.O. Box 10250 Polo A ito, CA 94303 <150.329.2520 65Q.617.310<\ lltilkting 285. Hamilton Averru~ ['.6. Box 10250 Palo"'l,">, CA 94303 650.329:2496 650.329.2240 2701 Middiefjeltl Rd, ARB Mo<:Uog Dnte: March 4, 2010 09I'LN.OO3)4 3. The ancillary signs ("Photos and "LiqUor") shall be removed, 4. The wall signs shall be "haio-ilt" (reverse pan channel lighting. stich thnt the illuminated sign taC;! shan appear essentially .opaque). . 5. A Building Permit is reqllired for the ilhmiinated signs. 6. The awnings shall be repainted to a color consistent with the existing building subject to the approval of lhe Planning Director, 7, The illegal internally illuminated walland .w.indowsignsshall be remov.ed immediHtely, , ' " . '. - 8. The directional sign shull not be used for advertising services . . 9. Wall signs shall not exceed u thickness of ten inthes. 10. Not more than twenty pereentoJ'the lotal window Sll\lce on::\ wall mllY he.covcred lly window sigllsllt uny lime. . I I. Thcrlans sllbmitted f()r\Juil(jing pennit shall stllte, "ThccontrllctQ~ usjng the <;ity sidewalk, alley or p,lrktng lot to work 01) an adjacent private building musl 40 so in a manner that is safe for pc4csuians and vehicles. The contraotorn'lust cOileqr tape,off the W01'kar~ while still leaving adequate room for pedestrians and vehicle.s to safely pass. If the contractor's work urea leaves insufficientsidowalk O1'ulley space for sllfe.pedesliiaMlnd< vehicle passage, the \lontrac(or mllsl applY (0 PubHcWorbfor an encroachment penni! to clQs~tlm Sidewalk cralley." This Director's decision shall become final fot[j~.een calendar (t4)duys follOWing the date of this leIter, uoless an :appeal is filed punruant to PAMe Chapl~.r 18.78. . , If you have any ques!ior\$ t-egaroing this ARB action, ple~~ do \lot h.e~it"te to epntact the projeet planner, Elenll Lee, at (650) 617 -3196 or vill email at Elcna.l;ee@cityofpaloalto.org. Steven Turner . Advance Planning Managl'lr ce. Duea & Hanley PJ'opclties,. Ihc" 1091 Lincoln Ave" San Jose, CA 95125 Attachment: A. ARB findings <\T'l.' ACHMENcr A, . . ... FINJ)lNqSFQR ArJlROVA,L .. A,ltCIIITEC'ruRAL l{EVlltW llOARDSTAN])ARDS FOR REVIEW 2701 MiddlefieldRd./Flle No. 09FLN-00314 ArchitcclunilReview Finding~ The design and architecture Qfthe pmI10sed i{llprOvements,llscllndltioned, complies with the FhidingS fQr ArchitecrLlral Review as required in Cbapter 1836 onhe PAMe. (1) The design is consistent and compatible with upplicaple Clements of the' Palo Alto CO,m]ll;etrensive J'lan. The pl;ojeot is (;onsistent with PoJiQY 1,..,o: Encourage, hi&~ quality sign age that is ,(ttntclivc, appl'opriate'foJ: the loc(lIionuhd b,illillces visJ15ilityneeds with aesthetic needs. The design of Ihc'sign, materials. and co.\ors IItc·attractive and uppropliatc for the site und the s1l1'l'0unding neighborhood. (2) 'fhe design i~ compatible with the immediftte envitonment of the site. T)le design nnd plaGcment of the ~ign is consistent with the existing architcctund style tjf the bllilding. The colors and maielials have been desi,gned to be comlililtibk with the existing building. The proposed signs are located where existing signs were ]JrevlQusly approved to be located. , (3) 'rhe design is appropri!\l\: to the fUnction of th~ proj~et. io ll1ilt the s;ignsprovide identificatioJl for the business for both CUstOflll:)l'S traveJlng oil Middlefield ,Road and those in theslmpping cellter. The sign is consistent with the Sign Code Regulation Palo Alto Municipal code Chapter 16.20. (4) In areas consid¢red by the board a$ 11aving ~l unified desjgn character or histOl'kal cllaracter, the d¢sign is cOI11P(llible wiJIi stlchch;ifacter in that the c.hannel letters and halo illumination are cQmpatible with existing signage at the Midtown Shopping Cli'nter. Arcilitecr.ur(1./ Review finding,I' 5filrtJugh 16 (we lWt. applicable to thli project,. 2071 Middlefield Rd./09PLN-00314 ... l' 4M Agenda Date: March 4, 2010 From: Elena Lee, Senior Planner Attachment D Architectural Review Board Department: Planning and Community Environment Subject: 2701 Middlefield Rd. [09PLN·00314]: Request by All Signs Services, on behalf of Duca and Hanley Properties, Inc" for architectural review and recommendation to the Director of Planning and Community Environment of internally ilIurninated wall signs and fayade improvements for CVS Pharmacy. L.one District: CN(GF)(p) RECOMMENDATION Staff recommcnds that the Architectural Review Board (ARB) recommend the Director of Planning and Community Environment approve the proposed project with the attached findings based upon modification of lighting and attached conditions, including conditions requiring halo illumination and the immediateremoval of all unapproved signage. BACKGROUND Site Information' The existingCVS drugstore is located at the northeast comer of the intersection of Middlefield Road and Bryson Avenue. The building, which previously was occupied by Longs Drugs, is located within the Midtown Shopping Center. The eenter, which includes a Safeway supermarket and Walgreens drugstore, is a neighborhood serving, pedestrian orientep center. Currently, internally illuminated wall and window signs have been illegally installed on site, without the benefit of building permits and contrary to the conditions of approval issued with the sign permit approved in August 2009. Project Background On August 13, 2009, a staff level Architectural Review was conditionally approved for the installation of six "halo-lit" wall signs (measuring 58,55 sq. fl., 6.71 sq. ft., and 6.19 sq. ft.), two window signs and one direetional sign. The pennit also included the repainting of three existing metal awnings, This permit was associated with the rebranding of the sit,e from Longs Drugs to CVS Pharmacy. The pennit was not appealed and was deemed effective as of August 27, 2009. The original application proposed the six wall signs to be internally illuminated with light emitting diode (l.e,d.) lights. However, the pennit was conditionally approved requiring the plans to be revised to show halo light fixtures, The City approved a similar permit for halo lit wall signs was approved in August 2009 for the University Avenue CVS Pharmaey. The applicant has filed this application because of a desire to "legalize" internally illuminated wall signs they haveinstalled instead of halo­ lit signs and because the period to appeal the restrictive lighting condition for the previous approval has ended. Because the applicant has submitted a new application, any decision from this , application would supersede the previous penuit. Project desclliption ,The purpose of this application is to ask the City to reconsider the internally illuminated I.e.d. wall signs instead of the halo-lit signs. The project includes the installation of two sets of signs consisting of three internally illuminated wall signs on the Middlefield elevation and the west parking lot elevation. Each set of signs consists of a larger (58,55 sq. ft.) "CVS/phannacy" sign in the center and flanked on either sides by a smaller 6.71 sq. ft. "Liquor" and 6.19 sq. ft. "Photo" signs. The new , signsconsistof channel letters painted in "CVS million dollar red" to match the corporate colors. Six metal awnings would be painted to match the new corporate colors. A new receiving door plaque sign would be installed on the north elevation and a new non-illuminated vinyl window sign would be affixed on a west elevation window. , Project review , 'Applications for the location and construction of signs are considered 'minor architectural review projects, typically reviewed at an administrative level without a pubic hearing, although any member of the public may request a hearing once a tentative decision has been made (Palo Alto MUnicipal Code 18.77 ,020(b». Because the applicant has objected to staff's approval requiring halo lighting, staff is seeking ARB and community feedback in a public hearing, rather than rendering a tentative decision: The ARB may visit the site after dark to evaluate the installation. DISCUSSION Palo Alto Municipal Code (PAMC) Chapter 16.20 regulates signage, including placement and size. According to PAMC chapter 16.20.090(b), signs also cannot advertise or display "the make, brand name or manufacturers name of any product, article, or service unless the same assists in and is done incidentally to the naming, designating or identifying of said business 'enterprise or calling." Bl?cause the "Liquor" and "Photo" signs are typically part of identifying tne CVS businesses and they do not constitute "make, brand name or manufacturer's name", they are therefore not prohibited. The proposed signs meet the size requirements of the PAMC, as indicated in the following table, Per PAMC Chapter 16.20.130, there may be any number of wall signs,butthey cannot exceed the maximum square footages identified in Table 3 of the Sign Ordinance. The proposed window sign would be allowed provided it does not exceed 20% of the total window space. The University Avenue CVS store is within a regionally-oriented shopping area and the halo-lighting appears to be sufficient for advertising the store. Sign Proposed Maximum Allowed Consistent Middlefield Elevation 71.45 sq. ft. total 80 sq. ft. Yes • (Wall Size: 1740 sq. i . ft.) ! , ... ~----- West Elevation 71.45 sq. ft. total 100 sq. ft. Yes (Wall Size:, 2500 sq. ! ft.) Because Midtown is one of the four identified neighborhood centers in Palo Alto serving the surrounding local neighborhood, signs have been subject to more detailed review than other areas, 2701 Middlefield Rd. Page 2 similar to the downtown. The importance of the neighborhood character of the Midtown shopping center is rccognized in the Comprehensive Plan. Accordingly, Program L-39 states that a plan should be developed for the Midtown area with a special emphasis on public improvements, parking, street furniture and' signage. Currently, no master sign program has been adopted for this area. As indicated above, the proposed signs meet the size requirements. The primary issue is the source of illumination. The majority of signs at the Midtown Shopping Center are not illuminated and are compatible with the neighborhood serving focus and the buildings. The signs lnMidtown that are illuminated are done so with halo lighting fixtures. The Midtown Walgreen signs were approved in 2002 to be illuminated with external lighting. The Midtown Safeway sign was also approved in 2002 with halo lighting. The original Longs Drugs sign was approved in 1997 to replace internally illuminated signs with new design featuring halo illumination. The property owner was cited in 1999 for the illegal installation of internally illuminated signs and required to replace the signs with the approved halo lighting. The August 2009 approval recognizes the prevailing Midtown lighting pattern. Rather than approve the application with a lighting condition and wait for the applicant's hearing request, staff now requests ARB feedback and recommends the conditions of approval requiring modification of the plans to incorporate halo lighting and removal of all illegal signage. The ARB may wish to comment on the proportions and composition of the signage and thc background ~hey are mounted on, even though the proposal (with the condition for.halo illumination) was previously approved. Although the proposal does not exceed the maximums described in the Palo Alto Municipal Code, one of the responsibilities of the ARB is to review and ensure per PAMC Chapter . 18.75.050 Finding 4 that "in areas considered by the Board as having a unified design character or historical character, the design is compatible with such character". Should the ARB find thesigns and internal illumination to be compatible with the Midtown lighting and signage design context, findings can be made by the ARB after public testimony is received. ENVIRONMENTAL REVIEW Pursuant to the requirements of the California Environmental Quality Act (CEQA), the project is categorically exempt from CEQA, per Section 15301, Existing Structures. ATIACHMENTS A. Draft ARB Findings. B. Draft conditions of approval C. Location Map D. Previous Sign Approval (09PLN-00077) E. Applicant's project description lettcr F. Project plans (ARB members only) Prepared By: Manager Review: Elena Lee, Senior Planner r§l-~ Amy French, AICP, Manager of Current Planninti../ COURTESY COPIES David Ford, All Sign Services 2701 Middlefield Rd. Page 3 ATTACHMENT A FINDINGS FOR APPROVAL ARCHITECTURAL REVIEW BOARD STANDARDS FOR REVIEW • 2701 Middlefield Rd.! File No. 09PLN-00239 Architectural Review Findings The design and architecture of the proposed improvements, as conditioned, complies with the Findings for ArchiU;ctural Review as required in Chapter 18.76 of the PAMC. (1) The design is consistent and compatible with applicable elements of the Palo Alto Comprehensive Plan. The project is consistent with Policy L-50: Encourage high quality signage , that is attractive, appropriate for the location and balances visibility needs with aesthetic needs. The design of the sign, materials, and colors arc attractive and appropriate for the site and the surrounding neighborhood. 1 (2) The design is compatible with the immediate environment of the site. The design and placement of the sign is consistent with the existing architectural style of the building. The colors and materials have been designed to be compatible with the existing building. The proposed signs are located where existing signs were previously approved to be located. (3) The design is apjJropriatelo the function of the project, in that the signs provide identification for the business ,for both customers traveling on Middlefield Road and those in the shopping , center. The sign is consistent with the Sign Code Regulation Palo Alto Municipal code Chapter , 16.20. . ' (4) In areas considered by the board as having a unified design character or historical character, the design is compatible with such character in that the channel letters and halo illumination are compatible with existing si gnage at the Midtowp Shopping Center. Architectural Review findings 4 through 16 are not applicable to the project, 2071 Middlefield Rd./09PLN-00314 j Attachment B 2701 Middlefield Rd.: CVS Pharmacy 09PLN-00314 Draft Conditions of Approval 1. The plans submitted for Building Permit shall be in substantial conformance with the ARB-approved plans dated received February 22, 2010 except as modified to incorporate these conditions of approval. 2. The wall signs shall ~ "halo-lit" (reverse pan channel lighting, such that the illuminated sign face shall appear essentially opaque). 3. A Building Permit is required for the illuminated signs. 4. The illegal internally illuminated wall and window signs shall be removed immediately. S. The directional sign shall not be used for advenising services. 6. Wall signs shall not exceed a thickness of ten inches . . 7. Not more than twenty percent of the total window space on a wall may be covered by window signs at any time. 8. The plans submitted for building permit shall state, "The contractor using the city sidewalk, alley or parking lot to work on an adjacent private building must do so in a manner that is safe for pedestrians and vehicles. The contractor must cone or tape-off the work area while still leaving adequate room for pedestrians and vehicles to safely pass. If the contractor's work area leaves insufficient sidewalk or alley space for safe pedestrian and vehicle passage, the contractor must apply to Public Works for an encroachment permit to close the sidewalk or alley." Attacbment C 2701 Middlefield Rd. Location Map The eil" Qf Palo Alto This map is a product of the C\ty 01 Palo Alto GIS -. • H' August 13, 2009 David Ford 124 Allimore Court Roseville, CA 95747 Attachment D City of PaloAlto Department of Planning and Community Environment Subject: CVS signage, 2701 Middlefield Rd., 09PLN·00077 Dear ML Ford: On August 13, 2009, the minor Staff·Level Architectural Review application for the project referenced below was conditionally approved by the planning staff on behalf of the Director of Planning and Community Environment, as it was found to meet the applicable Findings set forth in Palo Alto Municipal Code (PAMC) SectionJ8.76.0Z0(d). PROJECT DESCRIPTION: Request by All Sign Services, on behalf of Handley Properties, for a minor Architectural Review for repainting of three metal awnings and installation of six "halo-lit" wall signs (measuring 58.55'sq. fL, ,6,71 sq. ft and 6,19 sq.ft.)"two window signs and one directional sign. Environmental Assessment: Exempt from the provisions of CEQA. Zone District: CN(GF)(p). F1NDINGS FOR APPROVAL: The approval is based on the following findings: 1, The approval is based upon the finding that the proposed site improvements comply with the Standards for Review (PAMC Chapter l8.76.020(d) and design guidelines adopted by the . Architectural Review Board, Sign Ordinance (PAMC Chapler 16.20) and Downtown Urban Design Guidelines. 2. The approval of this project shall be subject to the following conditions: CONDITIONS OF APPROVAL: Planning Division 1. The plans submitted for Building Pennit shall be in substantial confonnance with the ARB· approved plans dated received April 16, 2009 except as modified to incorporate these conditions of approval. 2, The wall signs shall be "halo-lit" (reverse pan channel lighting, such that the illuminated sign face shall appear essentially opaque during daytime hours). Planning 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 650.329.2441 1i50,'!?9.?1.'i4 Transportation 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 650.329.2520 6506173108 Building 285 Hamilton Avenue PO, Box 10250 Palo Alto, CA 94303 650,329.2496 650.329.2240 2701 Middlefi"ld Rd. 09PLN-00077 Page 2 0[2 3. Prior to a submittal for a building permit, the applicant shall submit a color and materials board. 4. A Building Permit is required for the illuminated signs. 5. The directional sign shall not be used for advertising services. 6. Wall signs shall not exceed a thickness of ten inches. 7. Not more than twenty percent of the total window space on a wall may be covered by window signs at any time. 8. The plans submitted for buildingpermit shall state, "The contractor using the city sidewalk, alley or parking lot to work on an adjacent private building must do so in a manner that is safe for pedestrians and vehicles. The contractor must cone or tape-off the work area while still leaving adequate room for pedestrians and vehicles to safely pass. If the contractor's work area leaves . insufficientsidewalk or alley space for safe pedestrian and vehicle passage, the contractor must apply to Public Works for an encroachment permit to close the sidewalk or alley;" This Director's decision shall become final fourteen calendar (14) days following the date of this letter, unless a request for a hearing is filed pursuant to'PAMC Section 18.77.070(b)(4). Please contact the building division staff regarding building permits for the sign installation. Should you have any questions regarding this action, please do not hesitate to contact the project planner, Elena Lee, at (650) 617-3196. Sincerely, Hanley Properties. 1091 Lincoln Ave., San Jose, CA 95125 ATTACHMENT E CVS -2701 Middlefield Road We are proposing to replace the existing longs Drugs signs located at 2701 Middlefield Rd. with new signs for CVS!pharmacy. CVS has acquired the longs Drugs franchise and is in the process of rebranding all of the stores with new signs. CVS is proposing main signs that are a similar size to the existing longs Drugs signs (36" letter height), and the addition of two andllary signs on the main and secondary elevation (Photo, liquor). These ancillary signs are 18" le!tersets and are positioned to the left and right of the main sign. CVS is also proposing to replace the transom vinyl on the two entrances, the receiving plaque on the back door and repainting the existing awning to the CVS red. February 28, 2010 Lynn chiape11a 631 colorado Avenue palo Alto, CA 94306 Architectural Review Board City of palo Alto 250 Hamilton Avenue palo Alto, CA 94301 RE; 2701 Middlefield Road Dear Members of the ARB: AUachmentE CVS ARB 1etter.txt I hope that you had a chance to visit the Downtown and Middlefield sites of cvs/pharmacy to compare the colors selected, daytime appearance, and nighttime illumination. The Middlefield Road signage of 23 bright orange red characters is harsh during the day and eye-popping at nlght. At night this sign overwhelms all other signage in the shopping center including it's competitor wa1greens just a few hundred feet away. The size and proportlon of the sign is qUlte strlking as compared to any other approved sign in this neighborhood commercial shopping area which is only a few hundred feet from residences. In case someone missed seeing the disproportionately large sign on Middlefield Road, it is repeated above the front entrance door, along with another lighted sign that page 1 CVS ARB letter.txt says "MILK 289". At night the brightness of the cvs signs detracts from the lighted architectural tower at the corner of the building and blinds shoppers from seeing the other small shops with minimally lit rooftop signs, which are part ofa master sign program. others have requested what cvs is requesting: bigger, brighter, and bolder. compare that to previous ARB approvals for walgreens, safeway, and all other small businesses in the area. The "cvs million dollar red" color has no relation to the mauve(?) or purple red colors of the tower roof, cross bars holding the orange awning, decorative tiles along the pedestrian walkways that were part of the LONGS approval (photos included). You may recall that LONGS had to modify their signage color from "corporate red" to a softer red. The Downtown CVS red background appears to be a softer red color with blue or pink undertones as seen in daylight. Staff assures me that at night it is a very bright orange red. However, it was not lit Sunday 2/28/2010 at 8: 30 pm when I drove Downtown to see the co lor, whil e the Mi ddl efi el d sign in a neighborhood commercial area was brightly lit at 9:00 pm when I returned home. please reject the applicant's request to approve the current illuminated signage and require the applicant to return with signage which is compatible with the current building colors, tiles, architectural feature, mural, and with neighboring signage. It would also be nice if the awning extended out further over the pedestrian walkway to provide shade in the summer, reduce the heat island effect of the front parking lot, and reduce the glare from the interior light bulbs. The additional words "photo" and "Liquor", which appear on the Midtown sign do not appear on the Downtown sign or on any CVS signs in LOS Altos or Mountain view that I observed. The proportions of the cvs signage to building fa~ade at these other sites seemed less intrusive and more graceful. only the Midtown sign has ' advertising of liquor and photos which adds significantly to the jarring proportions of the cvs signage compared to any other ARB approved sign in Midtown or CVS signage in other communities. will you review staff findings, one through four, that the design of the cvs sign, as approved on August 27, 2009, is appropriate for a small neighborhood shopping area surrounded by housing and is consistent with the already approved signage in the area? I do not recall receiving any notice concerning this sign in July or August of 2009. If I had I would have requested a hearing or appealed the permit, as mentioned in the staff report on.page 1, paragraph 3, ,sentence 4. Lastly, the advertising of "liquor" and "photo" included in the cvs signage does not meet the former interpretation of PAMC 16.20.090, as applied to other businesses in palo Alto, and most particularly to walgreens and small businesses in Midtown. I seem to kreca 11 that Wa 19reens al so wanted.to i ncl ude si mi 1 ar 1 anguage in thei r, signage'. It seems patently unfair to change the rules in midstream, especially when it favors one competitor over another operating in the same shoppin!;! center. If this form of advertising is allowed. then why shouldn't SAFEWAY advertlse their pharmacy and liquor departments as p,art of their signa!;!e?And certainly Walgreens should be allowed to add "Liquor', "photo", "GrOcerles", or "Cosmetics" to their signage. " .. page 2 CVS ARB letter. txt please confirm with the city Attorney the interpretation of 16.20.090 so that all applicants receive the same interpretation. especially when operating competitively. sincerely, Lynn chhipella page 3 Architectural Review Board City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 Midtown Residents Association RE: 2701 Middlefield Road, ARB Meeting of March 4, 2010 Dear ARB members; March 3, 2010 The Midtown Residents Association (MRA) Steering Committee has the following comments about the CVS request for changes to the signage of its store at 2701 Middlefield Road. We have heard from several residents expressing concern about this issue. Our concerns: o CVS installed the cl,Irrent signage without any city approvals. We find this unacceptable. o CVS must conform to the conditions of approval required when Longs opened at this site. Nothing about the site has changed except the name of the company, thus the same rules shou.ld apply. o The signage does not conform to the sign guidelines in place for Midtown. The current signage is too bright for a neighborhood center in a residential ;area. At night the overwhelming brightness of this sign makes it hard to see the signage of other shops in the center. o Most residents think of CVS (as we did Longs) as primarily a drugstore and thus having the smaller signs of "Photos" and "Liquor" unnecessary. While not prohibited, emphasizing Liquor in particular in a neighborhood center frequented by teens is particularly inappropriate. This is not a strip mall where passing drivers need to be lured in to buy alcohol. Ironically, the liquor sign is placed right next to the teenage mural. o The current signage is ugly. The bright and garnish colors are suitable for a strip mall. They do not enhance the Midtown neighborhood center. The signage is not suitable for this location. We req uest that you: o Require the applicant to immediately remove the unpermitted signage. o Reject the applicant's request to approve the current illuminated signage as inappropriate for a neighborhood center and inconsistent with the existing approved signage in the center. o Require halo lighting (as they have 6n their University Avenue store). All other stores in Midtown with illuminated signs have had to meet this requirement. o Require that the signage be compatible with the Midtown Center's building colors, architectural features, the public art mural, and other stores' signage. o Confirm PAMC Chapter 16.75.050 Finding 4 that the design should be compatible with the character of the Midtown Center. Require the applicant to return with sign age which is compatible with the current building colors, tiles, architectural feature, mural, and with neighboring signage. We support the Draft Conditions of Approval listed in Attachment B of the staff report. Sincerely, Sheri Furman, MRA Chair Annette Ashton, MRA Vice-chair Attachment F The elq of Palo Alto Attachment G Location Map 2701 Middlefield Road CVS Pharmacy -. •