SUBJECT : APPEAL SIGN VARIANCE 97-1

APPLICANT: VASAK POLAK, INC - BMW -199 Pacific Coast Highway

Hermosa Beach, Ca 90254

REQUEST: Sign Variance for one monument sign 22 feet in height to be located in planter adjacent to Pacific Coast Highway

Recommendation:

Planning Commission recommends denial of the Sign Variance.

Staff recommends approval of the Sign Variance subject to conditions in the attached Resolution.

Background:

On May 20, 1997, the Planning Commission denied the Variance request to replace one existing pole sign with a 22' high monument sign as shown of the attached drawings and plan. The monument sign will contain the BMW logo on each sign face and be located in a planter area which separates a parking/sales area from the sidewalk.

Analysis:

The applicant is seeking to implement a sign program established by the BMW of America corporation and proposes to install a 22 foot sign to replace an 18 foot high pole sign located on a car sales lot north of 30th Street. The sign program will also eliminate a non-conforming existing 25 foot sign which encroaches approximately 12 inches into the sidewalk and replace it with a conforming 11 foot high monument sign as shown on the attached drawing.

According to the applicant, BMW of America will only permit installation of signs by one sign fabricator which produces monument signs of 11 feet and 22 feet in height. The applicant maintains that given this constraint and the required scale of signs needed for highway orientation, that the dealership is compelled to use a 22 foot high sign. The proposed sign is less obtrusive than other signs in the vicinity as it will be painted white and contain only the BMW logo and approximately 7" high lettering identifying the Vasak Polak dealership. Only the BMW logo will be internally lit.

In order to grant the subject Variance request, the Planning Commission must make the following findings:

1. That the Variance is not a special privilege inconsistent with the limitation of properties in the vicinity.

2. Special conditions and circumstances apply to the property and do not apply to other properties in the vicinity so that the strict application of the sign ordinance results in a hardship on the subject property.

3. The Variance will not adversely affect public safety and the design and appearance of the signing and structures of the surrounding area.

With respect to the above findings staff believes that the first and second finding can be made that there are special circumstances which apply to the property that do not apply to other properties in the vicinity and that strict application of the sign ordinance will result in a hardship for the subject property. The applicant is making the proposed sign changes as a result of BMW of America's requirement to replace signs for the dealership. Company policy for the dealership dictates the sign design, size and the supplier for company signs. The requirement to utilize a company approved sign results in an unusual hardship in conforming to the sign ordinance relative to sign height, as the company does not manufacture a 20 foot high sign in conformance with the maximum allowable sign height in the C-3 zone. The only other alternative available to the applicant is to leave the existing non-conforming over-height sign in place at the dealership entry (which encroaches into the right-of-way) or to install an 11 foot high sign, inconsistent with highway oriented signs along the Pacific Coast Highway.

Staff also believes that the third finding can be made that the proposed two foot difference from maximum allowable sign height will not affect appearance, signing, structures or public safety of the surrounding area. The proposed sign is attractively designed and not obtrusive in color or lighting and contains only the BMW logo and minimal identification lettering as shown on the drawings. The only strutures in the immediate area are the applicants. Furthermore, the applicant is proposing to enlarge an existing planter with new landscaping to enhance the parking area and remove an encroaching monument sign as part of the project improvements commensurate with the sign ordinance.

RESOLUTION 97-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A SIGN VARIANCE FOR ONE MONUMENT SIGN 22 FEET IN HEIGHT LOCATED IN A PLANTER ADJACENT TO THE PUBLIC RIGHT OF WAY AT 2901 & 3001 PACIFIC COAST HIGHWAY, VASEK POLAK BMW

WHEREAS, on May 20, 1997, the Planning Commission denied the request for a Sign Variance request;

WHEREAS, the City Council held a public hearing on July 8, 1997, to receive oral and written testimony regarding an appeal for a Sign Variance and, pursuant to Section 17.50.190 of the Sign Ordinance, made the following findings:

A. The Sign Variance is not a special privilege inconsistent with the limitation of properties in the vicinity;

B. Special conditions and circumstances apply to the property and do not apply to other properties in the vicinity so that the strict application of the sign ordinance results in a hardship on the subject property. The proposed sign changes are a result of company requirements for dealership sign replacement, which prescribes sign design and from one sign vendor. This requirement to use a company approved sign results in an unusual hardship in conforming to the Sign Ordinance relative to sign height in the C-3 zone because the company authorized sign supplier does not manufacture a 20 foot high sign in conformance with the Sign Ordinance;

C. The Sign Variance will not adversely affect public safety and the design and appearance of the signs and structures of the surrounding area as it is unobtrusive relative to color and lighting. The only structures and signing in the immediate area are the applicants.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hermosa Beach, California does hereby approve a Sign Variance for 2901 & 3001 Pacific Coast Highway, Vasek Polak BMW, subject to the following conditions:

SECTION I Specific Conditions of Approval

1. The signs and landscaping shall be consistent with submitted plans. Minor modifications to the plan which do not involve any further expansion shall be reviewed and may be approved by the Community Development Director.

2. This approval shall be null and void one year from the date of approval unless Building Permits have been obtained. The applicant may apply in writing for an extension of the time to the Planning Commission prior to the date of expiration.

PASSED, APPROVED, and ADOPTED this 8th day of July, 1997.

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