CITY OF MERCED Planning & Permitting Division STAFF REPORT: #12-21 AGENDA ITEM: 4.1

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1 CITY OF MERCED Planning & Permitting Division STAFF REPORT: #12-21 AGENDA ITEM: 4.1 FROM: Kim Espinosa, PLANNING COMMISSION Planning Manager MEETING DATE: Dec. 5, 2012 PREPARED BY: Julie Nelson, Associate Planner SUBJECT: Conditional Use Permit #1175, initiated by Kevin Bever for the Sign Guys, applicant for Pearson Scott, LLC, property owner. This application involves a request to install a shopping center sign for the Promenade Shopping Center located at the northwest corner of Yosemite Avenue and Paulson Road (787 E. Yosemite Avenue) within Planned Development (P- D) #48 with a Neighborhood Commercial (C-N) designation. *PUBLIC HEARING* ACTION: Approve/Disapprove/Modify 1) Environmental Review #12-31 (Categorical Exemption) 2) Conditional Use Permit #1175 SUMMARY The owners of the Promenade Shopping Center located at 787 E. Yosemite Avenue (Attachment A) are requesting approval to install a shopping center sign (Attachment B). The proposed sign would replace the existing monument sign located on Yosemite Avenue (Attachment C). Merced Municipal Code Section requires that free-standing signs identifying shopping centers of 35,000 square feet or more receive Conditional Use Permit approval. RECOMMENDATION Planning staff recommends that the Planning Commission approve Environmental Review #12-31 (Categorical Exemption) and Conditional Use Permit #1175 (including the adoption of the Resolution at Attachment E) subject to the following conditions: *1) The proposed project shall be constructed/designed as shown on Exhibit 1 (site plan) and Exhibit 2 (elevations) - Attachments B and C, except as modified by the conditions. *2) All conditions contained in Resolution #1249-Amended ( Standard Conditional Use Permit Conditions except for Condition #16 which has been superceded by Code) shall apply. *3) The proposed project shall comply with all standard Municipal Code and Subdivision Map Act requirements as applied by the City Engineering Department. *4) The Project shall comply with the conditions set forth in Resolution #2735 for Conditional Use Permit #1033 previously approved for this project.

2 Planning Commission Staff Report #12-21 Page 2 December 5, 2012 *5) All other applicable codes, ordinances, policies, etc., adopted by the City of Merced shall apply. *6) The developer/applicant shall indemnify, protect, defend (with counsel selected by the City), and hold harmless the City, and any agency or instrumentality thereof, and any officers, officials, employees, or agents thereof, from any and all claims, actions, suits, proceedings, or judgments against the City, or any agency or instrumentality thereof, and any officers, officials, employees, or agents thereof to attack, set aside, void, or annul, an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board, or legislative body, including actions approved by the voters of the City, concerning the project and the approvals granted herein. Furthermore, developer/applicant shall indemnify, protect, defend, and hold harmless the City, or any agency or instrumentality thereof, against any and all claims, actions, suits, proceedings, or judgments against any governmental entity in which developer/applicant s project is subject to that other governmental entity s approval and a condition of such approval is that the City indemnify and defend (with counsel selected by the City) such governmental entity. City shall promptly notify the developer/applicant of any claim, action, or proceeding. City shall further cooperate fully in the defense of the action. Should the City fail to either promptly notify or cooperate fully, the developer/applicant shall not thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, officials, employees, or agents. *7) The developer/applicant shall construct and operate the project in strict compliance with the approvals granted herein, City standards, laws, and ordinances, and in compliance with all State and Federal laws, regulations, and standards. In the event of a conflict between City laws and standards and a State or Federal law, regulation, or standard, the stricter or higher standard shall control. 8) The shopping center sign shall comply with all requirements set forth in Merced Municipal Code Section , Free-standing signs identifying shopping centers over thirty-five thousand square feet. 9) All signing on the shopping center sign is included in the total allowable sign area for each tenant. 10) Prior to installing tenant signing on the shopping center sign, the owner (or their contractor) shall demonstrate to the City that the sign area used for wall signing does not exceed the maximum allowed for that tenant space. 11) A maximum of 25% of the allowable sign area for each tenant on the shopping center sign may be used for a logo. 12) This approval shall supersede the monument sign allowed on Yosemite Avenue by Administrative Conditional Use Permit #AS ) The existing monument sign on Yosemite Avenue shall be removed prior to installation of the shopping center sign.

3 Planning Commission Staff Report #12-21 Page 3 December 5, ) All exterior sign surfaces shall be regularly maintained, and any damage caused by weathering, vandalism, or other factors shall be repaired in keeping with approved materials and finishes. (*) Denotes non-discretionary conditions. PROJECT DESCRIPTION The applicant is requesting approval of a free-standing shopping center sign to be located on Yosemite Avenue. This sign will replace the existing monument sign on Yosemite Avenue. The proposed sign is 12 feet tall and at its widest point, is 8 feet wide, with a depth of 2 feet (Attachment B). The sign will identify six tenants on each side of the sign. The name of the shopping center will also be identified on each side of the sign. The colors proposed for the sign are in keeping with the color palette used for the existing monument signs and coordinates well with the building colors. Surrounding Uses (Attachment A) Surrounding Land Existing Use of Land City Zoning Designation City General Plan Land Use Designation North Residential R-1-6 Low Density Residential (LD) South Low-Medium Density Residential & Commercial R-2 & P-D #26 Residential (LMD) & (across Yosemite Avenue) Commercial Office (CO) East Residential Low Density Residential R-1-6 (across Paulson Road) (LD) West St. Patrick s Church R-1-6 Low Density Residential BACKGROUND The Promenade Shopping Center was approved by Conditional Use Permit (CUP) #1033 on July 23, 2003, and was constructed shortly thereafter. Since that time, the shopping center has attracted several retail businesses as well as restaurants and service-oriented businesses. Subsequent to the approval of CUP #1033, Administrative Conditional Use Permit #AS-111 approved a sign program for the shopping center. The purpose of the sign program was to establish and maintain uniform signing for the entire center at all times. This sign program approved two monument signs (one on Yosemite Avenue and one on Paulson Road) as well as set criteria for wall mounted signs. FINDINGS/CONSIDERATIONS: Proposed Sign and Sign Location A) The proposed sign is 12-feet tall and 8-feet wide at its widest point. The sign provides space for six tenants to be identified on each side of the sign (Attachment B). The sign

4 Planning Commission Staff Report #12-21 Page 4 December 5, 2012 will replace the existing monument sign located on Yosemite Avenue. The sign structure will be neutral colors to match the color scheme of the shopping center. The tenant identification areas will be dark brown or black with white lettering. All the lettering on the sign will be routed out individual letters with internal illumination. Code Requirements Shopping Center Signs B) According to Section of the North Merced Sign Ordinance: Shopping centers having at least 35,000 square feet of gross floor area and located within commercial zones and P-D zones may be allowed a freestanding sign with a conditional use permit subject to review by the Planning Commission and to the following limitations: A. B. C. D. E. The shopping center sign may advertise the name of the center, the tenants in the center, or both the center and tenant names. Tenant advertising on a shopping center sign is part of the overall sign area permitted by Section, , Total Square Footage--Commercial Zone. The area of the name of the shopping center is in addition to the permitted copy area. Individual letters are required; Logos may be permitted. The background area immediately adjacent to the copy portion of the sign may include trademark colors, however, it may not be illuminated and must be constructed of a material that is compatible with the texture and materials of the shopping center buildings. Additionally, background area with trademark colors will be considered part of the total allowed signage. Individual letters and logos may be internally illuminated. Materials, color and arrangement shall be compatible and consistent with the shopping center buildings. A maximum of two shopping center signs may be allowed. At least eight hundred feet of combined arterial street frontage is required to qualify for one sign, except that shopping centers existing at the time of adoption of this section meeting all other requirements of this section are not bound by this requirement. An additional one thousand five hundred feet of frontage is required for a second sign. The maximum height and size allowances for shopping center signs are different in the Neighborhood Commercial (C-N) and Regional Commercial (R-C) land use designations. F. G. H. I. A minimum of ten square-feet of Sign Area is required for each tenant displayed on a shopping center sign. The foundation base shall be a minimum eighty percent of the sign structure length. The sign structure shall have a minimum three-foot setback from any property line and shall not be permitted in a corner triangle. The location of the shopping center sign shall be determined by the planning commission.

5 Planning Commission Staff Report #12-21 Page 5 December 5, 2012 J. An application to construct a shopping center sign shall be signed by all property owners of the shopping center. K. Compliance with Section Use Permit--Criteria. (Ord (part), 2002). See table below: Shopping Center Sign Standards by Land Use Designation General Plan Land Use Designation Sign Feature Neighborhood Commercial Regional Commercial Overall Height (as measured from top of sidewalk or curb) 12.5 feet + 2 appurtenance appurtenance Structure Area 12.5 high by 8 wide / 100 square feet per face Sign Area 40% of Structure Area, not to exceed 40 square feet per face 20 high by 13 wide / 260 square feet per face 40% of Structure Area, not to exceed 104 square feet per face Sign Design and Compliance C) The applicant is proposing a 12.5-foot tall by 8-foot wide freestanding monument sign for the Promenade Shopping Center (Attachment B). As proposed, the applicant would be in compliance with the criteria for a Neighborhood Commercial Shopping Center as follows: 1) The overall height (as measured from top of sidewalk or curb) would be 12.5 feet + 2 appurtenance; 2) The structure area being 12 high by 8 wide/96 square feet per face; 3) The sign area to be 40% of the Structure Area (not to exceed 40 square feet per face); 4) A minimum of 10 square-feet of Sign Area is provided for the tenants displayed on the Shopping Center Sign; and, 5) The sign structure shall have a minimum three (3)-foot setback from any property line and shall not be permitted in a corner triangle. The base of the monument sign is 5 feet wide. In order to meet the requirement for the width of the base to be 80% of the total width of the sign, it would need to be 6 feet wide. Given the geometric shape of the sign, staff feels it is acceptable to allow the 5-foot base. Staff feels the sign design is attractive and by adding the additional foot to the base it would detract from the appearance of the sign.

6 Planning Commission Staff Report #12-21 Page 6 December 5, 2012 Environmental Clearance D) The Planning staff has conducted an environmental review (Categorical Exemption) of the project in accordance with the requirements of the California Environmental Quality Act (CEQA), and a Categorical Exemption is being recommended (Attachment E). Attachments: A) Location Map B) Sign Design C) Site Plan/Photos of Site D) Categorical Exemption E) Draft Planning Commission Resolution Ref: N:shared/planning/staffreports/2012/SR#12-21

7 BOBWHITE Location Map Promenade Shopping Center 787 E. Yosemite Ave. KINGLET BLUE JAY Single-Family Residential REDWING PAULSON SPARROW BLACK HAWK Single-Family Residential CARDINAL St. Patrick's Church Subject Site ORIOLE YOSEMITE Commercial Offices CORDOVA DOE Single-Family Residential CENTURY GATEWAY ANTLER ATTACHMENT A

8 ATTACHMENT B

9 ATTACHMENT C

10 ATTACHMENT D

11 CITY OF MERCED Planning Commission Resolution # WHEREAS, the Merced City Planning Commission at its regular meeting of December 5, 2012, held a public hearing and considered Conditional Use Permit #1175, initiated by Kevin Bever for the Sign Guys, applicant for Pearson Scott, LLC, property owner. This application involves a request to install a shopping center sign for the Promenade Shopping Center located at the northwest corner of Yosemite Avenue and Paulson Road (787 E. Yosemite Avenue) within Planned Development (P-D) #48 with a Neighborhood Commercial (C-N) designation; also known as Assessor s Parcel No ; and, WHEREAS, the Merced City Planning Commission concurs with Findings A through D of Staff Report #12-21; and, NOW THEREFORE, after reviewing the City s Draft Environmental Determination, and discussing all the issues, the Merced City Planning Commission does resolve to hereby adopt a Categorical Exemption regarding Environmental Review #12-31, and approve Conditional Use Permit #1175, subject to the Conditions set forth in Exhibit A attached hereto and incorporated herein by this reference. Upon motion by Commissioner, seconded by Commissioner, and carried by the following vote: AYES: NOES: Commissioner(s) Commissioner(s) ABSENT: Commissioner(s) ABSTAIN: Commissioner(s) ATTACHMENT E

12 PLANNING COMMISSION RESOLUTION # Page 2 December 5, 2012 Adopted this 5 th day of December 2012 ATTEST: Chairperson, Planning Commission of the City of Merced, California Secretary Attachment: Exhibit A Conditions of Approval n:shared:planning:pc Resolutions:CUP#1175 Kevin Bever for Pearson Scott Promenade sign

13 Conditions of Approval Planning Commission Resolution # Conditional Use Permit # The proposed project shall be constructed/designed as shown on Exhibit 1 (site plan) and Exhibit 2 (elevations) - Attachments B and C of Staff Report #12-21, except as modified by the conditions. 2. All conditions contained in Resolution #1249-Amended ( Standard Conditional Use Permit Conditions except for Condition #16 which has been superceded by Code) shall apply. 3. The proposed project shall comply with all standard Municipal Code and Subdivision Map Act requirements as applied by the City Engineering Department. 4. The Project shall comply with the conditions set forth in Resolution #2735 for Conditional Use Permit #1033 previously approved for this project. 5. All other applicable codes, ordinances, policies, etc., adopted by the City of Merced shall apply. 6. The developer/applicant shall indemnify, protect, defend (with counsel selected by the City), and hold harmless the City, and any agency or instrumentality thereof, and any officers, officials, employees, or agents thereof, from any and all claims, actions, suits, proceedings, or judgments against the City, or any agency or instrumentality thereof, and any officers, officials, employees, or agents thereof to attack, set aside, void, or annul, an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board, or legislative body, including actions approved by the voters of the City, concerning the project and the approvals granted herein. Furthermore, developer/applicant shall indemnify, protect, defend, and hold harmless the City, or any agency or instrumentality thereof, against any and all claims, actions, suits, proceedings, or judgments against any governmental entity in which developer/applicant s project is subject to that other governmental entity s approval and a condition of such approval is that the City indemnify and defend (with counsel selected by the City) such governmental entity. City shall promptly notify the developer/applicant of any claim, action, or proceeding. City shall further cooperate fully in the defense of the action. Should the City fail to either promptly notify or cooperate fully, the developer/applicant shall not thereafter be responsible to EXHIBIT A of Planning Commission Resolution # Page 1

14 indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, officials, employees, or agents. 7. The developer/applicant shall construct and operate the project in strict compliance with the approvals granted herein, City standards, laws, and ordinances, and in compliance with all State and Federal laws, regulations, and standards. In the event of a conflict between City laws and standards and a State or Federal law, regulation, or standard, the stricter or higher standard shall control. 8. The shopping center sign shall comply with all requirements set forth in Merced Municipal Code Section , Free-standing signs identifying shopping centers over thirty-five thousand square feet. 9. All signing on the shopping center sign is included in the total allowable sign area for each tenant. 10. Prior to installing tenant signing on the shopping center sign, the owner (or their contractor) shall demonstrate to the City that the sign area used for wall signing does not exceed the maximum allowed for that tenant space. 11. A maximum of 25% of the allowable sign area for each tenant on the shopping center sign may be used for a logo. 12. This approval shall supersede the monument sign allowed on Yosemite Avenue by Administrative Conditional Use Permit #AS The existing monument sign on Yosemite Avenue shall be removed prior to installation of the shopping center sign. 14. All exterior sign surfaces shall be regularly maintained, and any damage caused by weathering, vandalism, or other factors shall be repaired in keeping with approved materials and finishes. n:shared:planning:pc Resolutions:CUP#1175 Exhibit A EXHIBIT A of Planning Commission Resolution # Page 2