HomeMy WebLinkAbout866 Burlway Road - Staff Report (2)- .. �!�
Btem #1
P.C. 11/10/75
MEMO T0: Planning Commission
FROM: City Planner
SUBJECT: Sign Permit for Existing Roof Sign with New Copy for
Off Premise Business, at 866 Burlwav Road
PRESElVT APPLICATION
An existing roof sign at 866 Burlway Road had new copy added to it without a
Building Permit or Sign Permit approximately two weeks ago. The present application
is requesting approval of this change.
Sign area: 220 SF per face
Copy: (1) Airport Marina Hotel
(2) Reader board
(at 10/31/75 "Coffee Shop Banquets"
and "Prime Rib Specials 4.95")
(3) Direction advice
("Next Ex i t'')
Max. height: 42-1/2'
Illumination: Neon Hours:
BAC I<G?�OUN D
10'x20' plus "exit" sign
Approx. 120 SF
Approx. 80 SF
Approx. 20 SF
"All times"
The building at 866 Burlway Road was constructed approximately 20 years ago with
a Building Permit. The roof sign was added in 1g62 (Permit M-610 issued 5-�8-62,
valuation $2,500).
The first advertising on the roof sign was for a major tenant in the building.
However, when the sign became free at the end of 1g6g, no tenant in the building
apparently wished to lease it.
Tia Plaria received a Special Permit from the Planning Commission in November, 1g69
to operate a restaurant on Bayshore Highway. To increase their advertising exposure,
they determined to lease the roof sign at 866 Burlway Road. And to conform to
staff's interpretation of the code prohibition on off premise advertising, Tia Maria
extended the sign lease to include office space in the building. New copy for the
sign was approved on this basis. That ministerial decision was not reviewed by
the Planning Commission.
The existing roof sign has recently been leased by the Airport Marina Hotel,
together with 400 square feet of office space. The lease runs from October 1, �975
to September 30, 1976. The 400 SF room at 866 Burlway is presently being used for
dead storage. The roof sign is presently advertising food and services only
available 900' away at the hotel on Bayshore Highway.
POSSIBLE ALTERNATIVES
Sec. 22.12.040 of the Sign Code states: "Any sign now or hereafter existing which
no longer advertises a bona fide business conducted or products sold on the premises
where the sign exists shall be taken down by the owner or tenant of the building ..."
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Sec. 22.20.010(d) defines as a prohibited sign: "Signs carrying the advertising
of a person, product or service other than that of the occupant of ... the
building to which it is attached ..."
Sec. 22.24.020 further prohibits advertising displays adjacent to a freeway if
such advertising is designed to be viewed primarily from the freeway, not a local
road. This would appear to be true for this sign.
Finally, Ordinance No. 1023, adopted December 2, 1974, defines and prohibits roof
signs.
Four alternative actions on the present application can be considered:
(1) It may be approved without conditions.
This application is for a change of copy on an existing sign, to be
used in a manner that has precedent both at this location and elsewhere
in the city. However, it will be difficult to reconcile this decision
with the present Sign Code.
(2) It may be approved with conditions.
A possible condition would be the continued use of the roof sign
until the present lease expires September 30, 1976, at which time
the sign should be removed. Can Sec. 22.20.010(d) be reconciled
with this middle approach?
(3) It may be denied.
The present advertising copy does not reflect goods or services
available at 866 Burlway Road (Sec. 22.20.010(d)). In its present
form it is also a prohibited advertising display next to a freeway
(Sec. 22.24.020).
(4) Reject the application.
There is a prima facie case that this sign with its existing copy
is a"prohibited" sign under the city's Sign Code, and the Commission
may decline to hear the application and direct the Sign Permit
application fee of $50.00 be refunded. The City Attorney should then be
asked to pursue the abatement of the sign. He informs us that the
previous administrative decision to allow the change of copy for Tia Maria
or to allow off-site advertising under the rental pretense is not legally
binding on your Commission.
WMS/JRY/s
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Wayne M. Swan