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CITY COUNCIL AGENDA ITEM NO. 25

Meeting Date: July 24, 2007

Subject/Title: Continued public hearing on an appeal filed by James Heilbronner of Architectural Dimensions of the Planning Commission’s denial of an amendment to a conditional use permit (CUP 05-27-A1) for a master sign program for Brentwood Junction. The Brentwood Junction retail center is located at the northeast corner of the intersection of Lone Tree Way and Empire Avenue.

Prepared by: Debbie Hill, Associate Planner

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution referring this item to the Planning Commission for consideration due to revised alternative design solutions being suggested by the applicant for the corner identification signage for the project.

PREVIOUS ACTIONS
• Planning Commission approval of RZ 05-15, DR 05-13 and CUP 05-09 on September 6, 2005, and MS 361-05 on December 20, 2005, approving the design of the Brentwood Junction shopping center.
• Planning Commission approval of CUP 05-27 for a master sign program on November 21, 2006, which expressly prohibited the inclusion of the Best Buy and Walgreen’s logos on the center identification sign.
• Planning Commission denial of an amendment to CUP 05-27 to allow the inclusion of the two tenant logos on the center identification sign on May 15, 2007.
• City Council sets the date of June 26, 2007, for the public hearing of an appeal at their meeting of June 12, 2007.
• City Council opens the public hearing for the appeal at the meeting of June 26, 2007, and continues the public hearing to the meeting of July 24, 2007.

BACKGROUND
The original design review (DR 05-13) for this 61,900 square foot retail center, known as Brentwood Junction, was approved by the Planning Commission on September 6, 2005. At the Planning Commission meeting of November 21, 2006, the Commission approved a master sign program for the shopping center. The master sign program, as proposed by the applicant, included individual tenant logos for both Best Buy and Walgreens on the center identification sign located on the corner at the intersection of Lone Tree Way and Empire Avenue. The Commission voted to approve the sign program for the center, but eliminated the two tenant logos on the center identification sign. This decision was based on the Planning Commission’s determination that ample signage was approved for both individual buildings as well as on two other monument signs, and that other approved master sign programs for shopping center within the City did not allow tenant signage on the center identification signs.

Several months later, the applicant filed an application to request that the Planning Commission again consider allowing the Walgreens and Best Buy logos to be placed on the center identification sign. At the Planning Commission meeting of May 15, 2007, a public hearing was held regarding the applicant’s request to include these logos on the corner center identification sign. At this meeting, public comment was heard and discussion ensued by the Commissioners regarding the inclusion of individual tenant logos on the center identification signage for the project. The Planning Commission unanimously voted to deny the amendment based on their initial concern that other approved master sign programs did not allow tenant signage on the center identification signs.

James Heilbronner of Architectural Dimensions has filed an appeal of this denial citing, “The developer’s desire is supported by the reality that the major tenants, Walgreens and Best Buy, are tucked back on the site and therefore are at a disadvantage in getting their names portrayed to the public.”

As required by Section 17.880.003.C, James Heilbronner of Architectural Dimensions has completed the required application, submitted the required appeal fee, and provided a statement setting forth the specific grounds for the appeal. The Council previously set a hearing date of June 26, 2007, for the public hearing for this appeal.

Subsequent to filing the appeal, staff and the applicant agreed to request the Council continue the public hearing to a later date. The attached letter from Mr. Heilbronner documents this intent that the public hearing for this appeal be continued to the July 24, 2007, meeting of the City Council.

At the June 26, 2007, City Council meeting, the public hearing for this item was opened and continued to the July 24, 2007, meeting. No public comments were expressed at that meeting.

Since the appeal was initially filed, City staff and the applicant have discussed possible alternative design solutions for the corner identification signage. Staff believes that a mutually agreeable design can be prepared; however, since the alternative solutions have not been reviewed by the Planning Commission, staff is recommending this item be referred back to the Planning Commission for action.

FISCAL IMPACT
The applicant paid the required $118 appeal fee.

Attachments:
1. Appeal application received from James Heilbronner, dated “Received May 23, 2007”
2. Statement from the appellant on the basis of their appeal
3. Letter received from James Heilbronner, dated “Received June 11, 2007”
4. City Council resolution referring this appeal to the Planning Commission for consideration

CITY COUNCIL RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD REFERRING THE ISSUE RAISED BY THE APPEAL FILED BY JAMES HEILBRONNER OF ARCHITECTURAL DIMENSIONS OF THE PLANNING COMMISSION’S DENIAL OF AN AMENDMENT TO A CONDITIONAL USE PERMIT (CUP 05-27-A1) FOR A MASTER SIGN PROGRAM (CUP 05-27) FOR BRENTWOOD JUNCTION TO THE PLANNING COMMISSION. THE BRENTWOOD JUNCTION RETAIL CENTER IS LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF LONE TREE WAY AND EMPIRE AVENUE (APNS 019-010-017, -018 AND -031).

WHEREAS, the Planning Commission considered and approved Conditional Use Permit 05-27 by a 4-0-1 vote by Resolution No. 06-120 for the Brentwood Junction master sign program on November 21, 2006, which expressly conditioned no tenant logos on the center identification sign; and

WHEREAS, the Planning Commission considered an amendment to Conditional Use Permit 05-27 (CUP 05-21-A1) on May 15, 2007, which requested the inclusion of two tenant logos on the center identification signage and voted 5-0 for denial by Resolution No. 07-041; and

WHEREAS, said denial of the amendment to Conditional Use Permit 05-27 in regard to the inclusion of the tenant logos on the center identification sign was appealed by the applicant, James Heilbronner of Architectural Dimensions; and

WHEREAS, a Notice of Public Hearing was distributed to all property owners of record within 300 feet of the project site and published in the Brentwood Press on June 15, 2007, in accordance with City policies and Government Code Section 65090; and

WHEREAS, the City Council of the City of Brentwood opened the public hearing on this appeal at its regular meeting of June 26, 2007, took public comments and continued the public hearing to its meeting of July 24, 2007; and

WHEREAS, the applicant has suggested that alternative design solutions for the inclusion of tenant logos be considered which have not been reviewed by the Planning Commission; and

WHEREAS, the City Council has considered the staff report, supporting documents, public testimony, and all appropriate information that has been submitted with the proposed project; and

NOW, THEREFORE, BE IT RESOLVED, based on the facts in the staff report, written and oral testimony and exhibits presented that:

A. The City Council hereby finds that alternative solutions for inclusion of tenant logos now being identified by the applicant were not evaluated by the Planning Commission during their public hearing on this application.

B. The City Council hereby refers the issues raised by the appeal filed by James Heilbronner of Architectural Dimensions of the Planning Commission’s denial decision regarding an application for an amendment to an approved master sign program (CUP 05-27-A1) to the Planning Commission for evaluation of alternative solutions.

PASSED by the City Council of the City of Brentwood at its regular meeting of July 24, 2007, by the following vote:

 

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