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REQUEST FOR A VARIANCE AND DESIGN REVIEW TO ALLOW THE INSTALLATION OF A PROPOSED POLE SIGN IN AN EXISTING SHOPPING CENTER AT 3702-C EAST HAMMER LANE (P18-0712)
recommended action
RECOMMENDATION
Staff recommends that the Planning Commission adopt a Resolution denying the request for a Variance and Design Review to allow the installation of a proposed new pole sign in an existing shopping center at 3702-C East Hammer Lane.
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SUMMARY
The applicant, Glen Hartigan, submitted a Variance and Design Review application to allow the installation of a new pole sign in the Hammer Crossing shopping center. The sign is proposed at the southeast portion of a parking lot adjacent to an existing Ross department store. The sign is 24-feet in height, 81 square feet (sq. ft.) per face and would advertise an indoor playground facility (Luv2Play) currently undergoing tenant improvements in the center (Attachment A - Proposed Pole Sign). The subject business is located on the south side of Ross Store (Attachment B - Location Map and Aerial Photography).
Stockton Municipal Code (SMC) Section 16.76.100.E.1.b.ii (B) (1) and (2) provide that one (1) primary identification monument sign (10 feet in height), or a pole sign (30 feet in height) may be located at or near the main street entrance to the integrated shopping center. One additional (1) identification monument sign (7 feet in height and 50 sq. ft. per face) is allowed along each additional street frontage. The shopping center has two existing pole signs, one at East Hammer Lane and another at Holman Road. The shopping center is legal, non-conforming in that it exceeds the maximum number of pole signs by one. The new pole sign would be the third pole sign in the center. There are no monument or pole signs on Sampson Road and Telstar Place. On November 7, 2018, the Architectural Review Committee considered the project and recommended approval of the Design Review aspect.
To approve the Variance request, the Planning Commission must find the presence of special circumstances, exceptional circumstances, physical suitability, and other findings per SMC Section 16.172.050. All findings must be made in the affirmative to approve the Variance. Here, staff recommends denial because all findings cannot be made in the affirmative as there are other code-compliant options that would provide adequate signage. These include adding sign copy to the existing two pole signs, installing a monument sign on Sampson Road or Telstar Place, placing directional signs in the parking lot, and/or an electronic message board at Sampson Road entrance which would be nearest to the business location.
DISCUSSION
Background
The Hammer Crossing shopping center was built in 1990 and contains approximately 135,000 square feet of commercial floor area on the southern portion of the site adjacent to Telstar Place and Sampson Road. An East Bay Municipal Utility District easement and other commercial buildings separate the center from East Hammer Lane and Sampson Road. Walmart was located in this shopping center until it relocated across the street to the northwest corner of Holman Road and Hammer Lane in 2004. The Ross department store and Burlington Coat Factory have replaced Walmart at the portion fronting the main parking lot (Attachment C - Site Plan).
In April of 2018, an Administrative Use Permit (P18-0097) was approved to allow a 13,808-square foot indoor playground facility for children (e.g., climbing structures, ball pits, and mazes) on the south side of Ross Store (Attachment D - Floor Plan).
The shopping center site is designated Commercial in the General Plan map, zoned Commercial General, and is bounded to the:
• Northwest across the East Bay Municipal Utility District easement by auto related businesses zoned CA (Commercial, Auto);
• North across Hammer Lane by various retail stores zoned CG;
• East across Sampson Road by a retail store (Home Depot) and an auto related business zoned CG;
• South across Telstar Place by a mini-storage business and used car dealerships zoned CG; and
• West across Holman Road by the Stockton Auto Center zoned CA.
In the overall shopping center, there are two existing, legal non-conforming pole signs (Land Development Permit, LDP36-07 and BP08-1154). One is located at East Hammer Lane; another at Holman Road. Both are non-conforming in that they have a single pole rather than the two required by the code. Further, there is not a clear distance of 10 feet from the lowest part of both pole signs to the ground below. Additionally, the shopping center is legal, non-conforming in that it exceeds the maximum number of pole signs by one.
The two existing pole signs contain four panels each with two panels advertising Burlington and Ross Store names. Two additional panels are available to allow adding sign copy for businesses (i.e., subject business). Both signs are identical (Attachment E - Existing Pole Signs at Holman Road and East Hammer Lane).
Present Situation
The integrated shopping center is permitted one primary identification pole sign up to 30 feet in height at the main entrance of the commercial center. The subject center already has two existing legal non-conforming pole signs. As a result, the project requires a variance to allow the installation of the third pole sign. Table 1 below compares the code requirements against existing and proposed signage.
|
Sign Type |
Development Standards |
Existing Condition + Application |
|
Pole Sign |
SMC Section 16.76.100. E. 1. b. ii. (A)(1) Maximum no. of pole sign permitted in the shopping center One pole sign permitted Height - 30 ft. Sign Area -150 sq. ft. per face Location - main street entrance to the integrated center |
Height - 24 ft. Sign Area - 81 sq. ft. per face Location - within an existing parking lot of the shopping center Existing two legal non-conforming pole signs in the shopping center One at East Hammer Lane and another one at Holman Road |
|
Monument Sign |
SMC Section 16.76.100. E. 1. b. ii. (A)(2) Height - 7 ft. Sign Area - 50 sq. ft. per face Monument Sign - each street frontage Setback - 10 ft. from street side |
None provided |
|
Wall Sign |
SMC Section 16.76.100.J.2.c A maximum of two (2) sq. ft. per linear foot of the wall |
Wall sign is permitted on the store front. (Sign Area - Approximately 220 sq. ft., based upon the length of store wall) |
|
Directional Signs |
SMC Section 16.76.100.B.1.2 and 3 Height - 5 ft. Sign Area (nonresidential zoning District) - 6 sq. ft. Logo area - limit 20 percent of the sign area |
None provided |
|
Electronic Sign |
SMC Section 16.76.100.D.1 and 2 Height - 7 ft. Sign Area - 50 sq. ft. Not be located within 300 feet of any residential uses. Intersection of Arterial - A 25-foot setback from the right-of-way line within 100 feet of the corner point of the intersection Permit - Land Development Permit |
None provided |
Variance
To approve a Variance, the Planning Commission must make all findings required by SMC §16.172.050. Each finding is provided below and followed by a staff analysis to deny the Variance. A justification letter for the Variance request was provided by the applicant (Attachment F - Letter of Justification from the applicant).
1. Special Circumstances - “There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, or topography), so that the strict or literal interpretation and enforcement of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts.”
Staff’s Analysis: Special circumstances are not applicable to the project site. The shopping center is bounded by East Hammer Lane, Sampson Road, Telstar Place, and Holman Road. The subject site is located at the northwest side of both Sampson Road and Telstar Place and is visible from each. The applicant states the subject business is out of view from main entrances of Holman Road and East Hammer Lane. However, the shopping center has two existing pole signs, one at Holman Road and another at East Hammer Lane. Each pole sign can accommodate sign copy for the new tenant. Adding such sign copy will provide adequate visibility for motorist on East Hammer Lane and Holman Road to identify the business location. Further, SMC §16.76.100.J.2.c also allows wall signs to be installed on the east and south sides of the store wall (Luv2Play). These signs will direct their customers travelling on Sampson Road or Telstar Place to find the facility.
2. Exceptional Circumstances - “There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties classified in the same zoning district.”
Staff’s Analysis: Although the subject business is located far back from the main entrances on Holman Road and East Hammer Lane, the site can accommodate code-compliant signage able to adequately orient customers. As referenced in Table 1 above, these include adding sign copies to two existing pole signs, installing a secondary monument sign, adding directional signs at the parking lot area, and/or an electronic message sign at the Sampson Road entrance.
3. Physically Suitable - “The subject site would be physically suitable for the proposed variance.”
Staff’s Analysis: The subject site is not physically suitable for the Variance request because the freestanding pole sign will be located inside the shopping center at the southeast side of the existing parking lot in a location not visible from East Hammer Lane or Holman Road. There are two existing legal non-conforming pole signs in the center and adding a sign copy on each pole sign will provide adequate visibility to direct the tenant’s customers to find the location.
Design Review
On November 7, 2018, the Architectural Review Committee (ARC) reviewed the proposed sign and found it to be substantially in compliance with applicable provisions of the City’s Design Review Guidelines Section 6.01.040.E. The freestanding sign incorporate materials and colors into the sign support structures to be compatible with materials and colors of the building.
Design review is a required component of Variance approval. Here, notwithstanding the ARC’s review and approval recommendation, both the Variance and Design Review must be denied because the required findings for the Variance cannot be made.
Public Comments
Notice for this item was published in The Record, and mailed notice was sent to all property owners within a 300-foot radius of the project site at least ten (10) days before the hearing, in accordance with SMC Section16.88.030. To date, staff has not received any comment from the public on this project.
Environmental Clearance
The proposed project is Categorically Exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section15311 Class 11, Accessory Structures for construction of minor structures accessory to existing commercial facility.
Attachment A - Proposed Pole Sign
Attachment B - Location Map and Aerial Photography
Attachment C - Site Plan
Attachment D - Floor Plan
Attachment E - Existing Pole Signs on East Hammer Lane and Holman Road
Attachment F - Letter of Justification from the applicant
This staff report was prepared by Senior Planner Jenny Liaw, (209) 937-8316; jenny.liaw@stocktonca.gov.