AMC IMAX Signs

EMERYVILLE PLANNING COMMISSION
STAFF REPORT
Agenda Date: September 24, 2009
Report Date: September 17, 2009
TO:
Planning Commission
FROM:
Planning and Building Department
SUBJECT:
AMC IMAX Sign
SA09-17
LOCATION:
5614 Bay Street (APN: 49-1309-3)
(Bay Street Shopping Center)
APPLICANT:
Pro Ad Signs, for their client AMC Theaters
4350 Pell Drive, Suite 160
Sacramento, CA 95838
OWNERS:
Madison Marquette
5616 Bay Street
Emeryville, CA 94608
PROJECT
DESCRIPTION:
A Major Sign Permit to allow two “IMAX” signs on the south and west
faces of the roof tower at the southwestern corner of the parking garage at
5614 Bay Street.
GENERAL
PLAN
DESIGNATION:
Mixed Use (M-U)
ZONING
DISTRICT:
Planned Unit Development (PUD) – Mixed Use
ENVIRONMENTAL
STATUS:
This project is exempt from environmental review under State CEQA
Guidelines Section 15311(a) which applies to accessory structures,
including on-premise signs.
APPLICABLE
ZONING CODE
PROVISIONS:
Section 9-4.32
M-U Mixed Use District
Section 9-4.61
Sign Regulations
Section 9-4.61.3(e)(2) Design Review Findings for Signs
V.B.
Planning Commission Staff Report
AMC IMAX Sign Permit (Bay Street)
September 24, 2009
Page 2
RECOMMENDED 1.
COMMISSION
2.
ACTION:
3.
Open public hearing and take public testimony regarding the project.
Close public hearing and consider Staff Report and Resolution.
Approve Sign Permit SA09-17.
PROJECT PROPOSAL:
The sign application is for two tower signs reading “IMAX”. The tower sits on the southwest
corner of the roof of the Bay Street Shopping Center parking garage. The proposed signs are
blue, internally lit, and would be 42” high by 17’10.5” long. The signs face the IKEA store and
parking garage to the south and I-80 freeway to the west.
Page 1 of the plans shows a site plan of the Bay Street Shopping Center, with the proposed
signage located on the far left edge of the page. Page 2 is a color rendering of how the two signs
will appear. They will sit just below the existing “AMC” signs on the roof tower. Pages 3 and 4
show the south and west elevations of the parking structure, and pages 5-9 include the sign
construction details. The internal lighting will be turned on at dusk and turned off at dawn.
CONFORMITY TO ZONING REGULATIONS:
Sign Requirements:
The existing Master Sign Program for the Bay Street Shopping Center does not allow for these
additional signs. The signs must therefore be processed as a separate permit.
The proposed signage is approximately 62.5 square feet for each sign. In Emeryville Municipal
Code (EMC) Table 1, Section 9-4.61(e)(1), it states that any wall sign larger than fifty (50)
square feet is not eligible for a minor sign permit and must go through Major Design Review.
There are no maximum sizes for sign proposals within Major Design Review.
EMC Section 9-4.61(e)(2) requires the Planning Commission to make the following findings in
approving Major Design Review for signs: (a) compatibility with the neighborhood; (b)
readability; and (c) integration with architectural features. Staff finds that the proposed signs are
readable and compatible with other signage in the vicinity and well-integrated with the
architecture of the building.
RECOMMENDATION:
Staff recommends that the Planning Commission approve the two IMAX signs at the AMC
Theater at Bay Street (SA09-17).
Attachment:
Draft Resolution
Conditions of Approval
Proposed Plans
RESOLUTION CPC NO. SA09-17
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF EMERYVILLE
APPROVING A SIGN PERMIT FOR TWO “IMAX” TOWER SIGNS FOR AMC
THEATERS AT THE SOUTHWEST CORNER OF THE BAY STREET SHOPPING
CENTER PARKING GARAGE AT 5614 BAY STREET (APN: 49-1309-3)
WHEREAS, on August 3, 2009 Pro Ad Signs submitted an application for a Major Sign Permit
to allow two internally illuminated tower signs reading “IMAX” for their client AMC Theaters at
the Bay Street shopping center located at 5614 Bay Street; and
WHEREAS, the Emeryville Planning Commission held a duly and properly noticed public
hearing on the project on September 24, 2009 to solicit public comments and review and
consider the application; and
WHEREAS, the Emeryville Planning Commission has reviewed and considered the staff report
and attachments thereto, the plans, all public comments, and the proposed signs at 5614 Bay
Street and the applicable standards of the Emeryville Zoning Ordinance (“the Record”); now,
therefore, be it
RESOLVED, that the Planning Commission of the City of Emeryville hereby finds that the
project is exempt from the California Environmental Quality Act (CEQA) under State CEQA
Guidelines Section 15311(a), which applies to accessory structures, including on-premise signs;
and be it further
RESOLVED, that in approving SA09-17, the City Planning Commission makes the following
findings required by Emeryville Municipal Code (EMC) Section 9-4.61.3(e)(2):
Section 1.
Major Design Review Findings For Signs Pursuant to EMC Section 9-4.61.3(e)(2)
(a)
Compatible with the Neighborhood. The size, materials, colors, graphic style,
illumination and other features must be in keeping with the visual character of the
street or area in which it is proposed;
The proposed signs would be compatible with the Bay Street shopping center
signage, as well as IKEA to the south and the Marriot Courtyard Hotel to the
northwest. The signs would not be visible from any of the surrounding
residences.
(b)
Readable. The proportion between different parts of the sign, its visibility from
important vantage points, and other design features shall be considered;
The proposed signs are large enough to be clearly visible and readable from
Shellmound Street and the nearby I-80 Freeway.
Planning Commission Resolution (SA09-17)
AMC IMAX Signs Permit (Bay Street)
September 24, 2009
Page 2
(c)
Integrated with Architectural Features. The sign must relate to the design of
the building and be congruous with architectural features, embellishments,
colors and textures.
The proposed sign will blend well with the architectural features of the
building as well as the existing “AMC” signs on the tower.
AND BE IT FURTHER RESOLVED, that the Planning Commission hereby approves
SA09-17 for two tower signs located at 5614 Bay Street, as submitted on August 3, 2009,
subject to the applicable standards of the City of Emeryville Municipal Code.
APPROVED by the Planning Commission of the City of Emeryville at a regular meeting
held on Thursday, September 24, 2009 by the following votes:
AYES:__________________________________________________________________
NOES:______________________________ABSTAINED:_______________________
EXCUSED:__________________________ABSENT:___________________________
____________________________________
CHAIRPERSON
APPROVED AS TO FORM:
_______________________________
RECORDING SECRETARY
____________________________________
DEPUTY CITY ATTORNEY
CONDITIONS OF APPROVAL
AMC IMAX Signs
5614 Bay Street
SA09-17: Exhibit A. Conditions of Approval
September 24, 2009
I.
COMPLIANCE WITH APPROVALS
A.
PROJECT APPROVALS. The project shall be constructed and operated in
accordance with the following actions by the Planning Commission:
1.
A Major Sign Permit allowing two internally illuminated tower signs
located at the southwestern corner of the Bay Street Shopping Center
parking garage located at 5614 Bay Street in accordance with the staff
report dated September 24, 2009, as modified by these Conditions of
Approval.
Any additional signs will require a separate application and approval. Minor
design modifications may be approved by the Planning Director.
B.
APPROVED PLANS. The approved signs shall be in accordance with the plans
prepared by Pro Ad Signs and dated August 3, 2009.
C.
INSTALLATION AND MAINTENANCE OF IMPROVEMENTS. All
improvements shall be installed in accordance with these approvals. Once
constructed or installed, all improvements shall be maintained as approved.
Minor changes may be approved by the Planning Director.
D.
COMPLIANCE WITH THE MUNICIPAL CODE AND GENERAL PLAN. No
part of this approval shall be construed to be a violation of the Emeryville
Municipal Code or the General Plan. Operations on this site shall be conducted in
a manner that does not create a public or private nuisance or otherwise violate the
Emeryville Municipal Code. All unpermitted signs shall be removed from the
property prior to building permit approval by the Planning Department.
Planning Commission – Conditions of Approval
AMC IMAX Signs (SA09-17)
September 24, 2009
Page 2
E.
FAILURE TO COMPLY WITH CONDITIONS OF APPROVAL. If Applicant
constructs buildings or makes improvements in accordance with these approvals,
but fails to comply with any of the conditions of approval or limitations set forth
in these Conditions of Approval and does not cure any such failure within a
reasonable time after notice from the City of Emeryville (“City”), then such
failure shall be cause for non-issuance of a certificate of occupancy, revocation or
modification of these approvals or any other remedies available to the City.
F.
APPLICATION TO SUCCESSORS IN INTEREST. These Conditions of
Approval shall apply to any successor in interest in the property and Applicant
shall be responsible for assuring that the successor in interest is informed of the
terms and conditions of this zoning approval.
G.
INDEMNIFICATION BY APPLICATANT. Applicant, its assignees, and
successors-in-interest shall defend, hold harmless, and indemnify the City of
Emeryville, the City of Emeryville Redevelopment Agency, the Bay Cities Joint
Powers Insurance Authority and their respective officials, officers, agents and
employees (the “Indemnified Parties”) against all claims, demands, and
judgments or other forms of legal and or equitable relief, which may or shall
result from: 1) any legal challenge or referendum filed and prosecuted to overturn,
set-aside, stay or otherwise rescind any or all final project or zoning approvals,
analysis under the California Environmental Quality Act or granting of any
permit issued in accordance with the Project; or 2) Applicant’s design,
construction and/or maintenance of the public improvements set forth in the final
building plans. Applicant shall pay for all direct and indirect costs associated
with any action herein. Direct and indirect costs as used herein shall mean but not
be limited to attorney’s fees, expert witness fees, and court costs including,
without limitation, City Attorney time and overhead costs and other City Staff
overhead costs and normal day-to-day business expenses incurred by the City
including, but not limited to, any and all costs which may be incurred by the City
in conducting an election as a result of a referendum filed to challenge the project
approvals. The Indemnified Parties shall promptly notify the Applicant, its
assignees, and successors-in-interest of any claim, demand, or legal actions that
may create a claim for indemnification under this section and shall fully cooperate
with Applicant, its assignees and successors-in-interest.
H.
MAINTENANCE AND GRAFFITI REMOVAL. The signs and surrounding
areas, including the trees, shall be well maintained and kept free of litter, debris,
weeds and graffiti. Any graffiti shall be removed within 72 hours of discovery in
a manner which retains the existing color and texture of the original signs as most
practically feasible.