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Home My WebLink AboutItem 1i - Electronic signs at the Church of the Good ShepherdT.,arpu� [cd A-g— $.N1 "3 y o� DATE: TO: June 17, 2014 Honorable Mayor and City Council STAFF REPORT Development Services Department FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director By: Jim Kasama, Community Development Administrator Jordan Chamberlin, Assistant Planner SUBJECT: SET A HEARING DATE OF JULY 1, 2014, FOR THE APPEAL OF THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF MODIFICATION NO. MC 13 -26 AND SIGN DESIGN REVIEW NO. SADR 13 -52 FOR ONE NEW 7' -1" HIGH BY 8' -6" WIDE, DOUBLE -SIDED ELECTRONIC MONUMENT SIGN INSTEAD OF TWO NEW ELECTRONIC SIGNS AT THE CHURCH OF THE GOOD SHEPHERD (400 W. DUARTE ROAD) Recommendation: Approve SUMMARY On May 27, 2014, the Planning Commission denied an appeal of a Modification Committee decision related to new electronic signs at the Church of the Good Shepherd (400 W. Duarte Road) and approved an alternate project. On June 3, 2014, the Church of the Good Shepherd appealed the Planning Commission's decision and requested approval of their original proposal. Per Arcadia Municipal Code Section 9292.1.14, the City Council, at its next regular meeting after the filing of an appeal, shall set a date for a public hearing. It is recommended that the City Council schedule a public hearing for the appeal of the Planning Commission's conditional approval of Modification No. MC 13 -26 and Sign Design Review No. SADR 13 -52 for one new 7' -1" high by 8' -6" wide, double -sided electronic monument sign instead of two new electronic signs at the Church of the Good Shepherd for July 1, 2014. Set Hearing Date for MC 13 -26 and SADR 13 -52 Appeal June 17, 2014 Page 2 of 2 BACKGROUND On October 24, 2013, Modification No. MC 13 -26 and Sign Design Review No. SADR 13 -52, was filed by the Church of the Good Shepherd for two new, 7' -1" high by 8' -6" wide, double -sided monument signs with light- emitting diode (LED) displays encased in each side of the signs, at 400 West Duarte Road. The Modification requests were to allow two illuminated signs with LED color displays on a property that is Zoned R -3, High- Density Multiple - Family Residential. The R -3 Zone does not allow for such signs. On April 8, 2014, the Modification Committee conditionally approved the project on a 3- 0 vote to allow one, double- sided, 7' -1" high by 8' -6" wide monument sign with LED displays subject to additional conditions of approval. On April 14, 2014, the Church of the Good Shepherd filed an appeal of the Modification Committee's decision and requested approval of their original proposal. On May 27, 2014, at is regularly scheduled meeting, the Planning Commission denied the appeal and conditionally approved an alternative action on a 2 -1 vote, with two Commissioners recusing themselves for potential conflicts -of- interest, to allow one, double- sided, 7' -1" high by 8' -6" wide monument sign with LED displays to be located on the West Duarte Road side of the property. On June 3, 2014, the Church of the Good Shepherd filed an appeal of the Planning Commission decision and requested approval of their original proposal. Per Arcadia Municipal Code Section 9292.1.14, the City Council, at its next regular meeting after the filing of an appeal, shall set a date for a public hearing. RECOMMENDATION It is recommended that the City Council set a hearing date of July 1, 2014, for the appeal of the Planning Commission's conditional approval of Modification No. MC 13 -26 and Sign Design Review No. SADR 13 -52 for one new 7' 1" high by 8'6" wide, double - sided electronic monument sign instead of two new electronic signs at the Church of the Good Shepherd (400 W. Duarte Road). Approved_ Dominic Laz�areft� City Manager Attachments: Appeal Letter Dated June 3, 2014 i Church of 01 O®®d $Nicphtrd IYIM!I[I`L�i�J4O�IN� ...___ JUN 0 3 2014 NOTICE OF APPEAL i nning SerVlCeE June 3, 2014 Ew of Arcadia To the City of Arcadia, Planning Department, Attention: Lisa L. Flores, Planning Services Manager; Jordin Chamberlin, Assistant Planner Re: Modification Noe MC13 -26 and Sign Design Review No. SADR 13 -52 To Consider the Modifications and Design for Two New 7'1" High by 8' -6' Wide, Double -sided Monument Signs With a LED Message Board at 400 W. Duarte Road (DOA Church of the Good Shepherd United Methodist) Please take notice, that Applicant, Church of the Good Shepherd, United Methodist, Arcadia, California, hereby appeals from the decision of the Planning Commission of the City of Arcadia rendered on May 27, 2014 and the Modification Committee decision. Applicant requests a hearing of the appealed issues to the City Council of the City of Arcadia as soon as practical. Church of the Good Shepherd has not completed its preparation at this time with respect to the issues, however, the grounds for appeal are as follows. Issues on Appeal: 1) The number of signs to be placed on the applicant's property. The Commission voted to allow only one double -sided monument sign with a LED message board on each side of the sign. Applicant /Appellant is applying for two double faced signs to be permitted on the subject property, one on Duarte Road and one on Holly Avenue as per the 400 West Duane Road o Arcadia, California 91007 a Telephone (626) 447 -2181 - Fax (626) 447 -5043 www.goodshepherdarcadia.org Page Two, Notice of Appeal, Modification No. MC 13 -26 and SADR 1352 original plans and specifications submitted to the Planning Department, without a valid reason other than "clutter ". 2) Objection to approval of the location of only one sign, which is to be located on Duarte Road, which is inconsistent with the Modification Committee's ruling that applicant had the option of placing only one sign on either Duarte Road or Holly Avenue. Additionally, prior to issuance of a building permit for the sign, the approval of the location of the one sign, being dependent on the approval by the Planning Services Manager, or designee, which in effect is not an approval of the sign location. Additionally, if the approval is not satisfactory to the designee, it would require another hearing before the Modification Committee, or the Planning Commission. It serves no purpose to have someone approve the location of the sign, prior to issuance of the building permit and is not consistent with the intent of the commission to allow one sign "closer than 200 feet from the existing signage on the site ". 3) The hours of operation of the messages. Applicant seeks to display messages from 6:00 a.m. to 11:59 p.m. daily — over and above the 7:00 a.m. to 10:00 p.m. cut -off periods. 4) The failure of the Staff from the beginning of the process through to the hearing at the Planning Commission to advise the Modification Committee, or the Planning Commission, that the Project Location depicted by the Staff was not accurate or correct and that appellant owns the two single family zoned properties to the south of the applicant's property along Holly Avenue. 5) The failure of the Staff to fairly and reasonably confer with the applicant from the start of the process until to two days before the Modification Page 3, Notice of Appeal, Modification No. MC 13 -26 and SADR 13 -52 Committee hearing, that the Staff would not recommend two signs, even though for four years the Staff knew applicant was planning on placing two signs on its property. 6) The inadequate and untimely notice to the Applicant of the Staff's determination of its recommendations prior to both public hearings. Applicant was not provided adequate time to prepare for either hearing. 7) A violation of applicant's civil rights under the 15t Amendment of the United States Constitution in denying it the right to broadcast messages of its services and activities and limiting the applicant to one sign, while others in the community are being allowed two sign. S) A violation of applicant's rights under RLUiPA, the Religious Land Use and Instrumental Persons Act of 2000. This law bars zoning restrictions that impose a "substantial burden" on the religious exercise of a person or institution. Wayne Whitehill Chairman, Board of Trustees Church of the Good Shepherd United Methodist, Arcadia, California