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City of Lafayette Staff Report
For:
City Council
By:
Michael P. Cass, Assistant Planner
Date Written:
June 2, 2009
Meeting Date:
June 8, 2009
Subject:
S02-09 & VOl-09 CITY OF LAFAYETTE (APPLICANT & OWNER), R-1O
ZONING: Request for: (1) Sign Permit pursuant to Section 6-2523(c) of the
Lafayette
Municipal Code ("LMC") to construct a 4's. 42 sq. ft. one-sided
freestanding sign and a 84 sq. ft.
42 sq. ft. per face) two-sided freestanding
sign; both signs are externally illuminated and
5
'-6" high, and (2) Variance from
Section
6-2554(a)
LMC to exceed the limit of one freestanding sign per street
frontage,
6-2554(c)
LMC to exceed the limit of 25 sq. ft. in area per side of the
freestanding sign, Section 6-2565(b) LMC to exceed the aggregate sign area of
80 sq. ft., and Section
6-2565(a)(2)
to allow the signs to be illuminated, located
at 500 Saint Mary's Road, APN
237-260-035.
Statutory Deadline:
June 12, 2009 (with PSA extension)
Project History
On March 24, 2009, the Design Review Conunission conditionally approved applications S02-09 and
Vol -09, authorizing the City to install a one-sided freestanding sign at the northern entrance and one two-
sided freestanding sign at the southern entrance to the Lafayette Community Center. Staff attached the
approved plans to this staff report. Notable conditions of approval include the following:
COA #8:
The applicant shall obtain an encroachment permit / encroachment agreement from the City
Council to install signage on public property.
Staff Comments
Planning Services Division Staff consulted with Engineering Services Division Staff. The City Engineer
indicated that the requirement for an encroachment permit and/or an encroachment agreement is not
applicable, as the signage will be installed and maintained by City representatives on public property.
This requirement is intended for non-City-initiated projects.
Staff Recommendations
Waive the requirement for an encroachment permit and an encroachment agreement and authorize Parks,
Trails, & Recreation staff to install the approved signage.
Attachments
A.
Approval Letter . DRC Resolution 2009-03 • Exhibit "A" Conditions of Approval
B.
Signage Details, dated March 19, 2009
C.
Existing & Proposed Site Plan, received March 18, 2009
Page 1 of 1
\n

 
I
L A F ÀY E T T E
March
25,
2009
City of Lafayette
Attn: Jennifer Russell
500 St. Mary's Road
Lafayette, CA
94549
CITY COUNCIL
Don Tatzin, Mayor
Brandt Andersson, Vice
Mayor
Mike Anderson, Council Member
Carl Anduri, Council Member
Carol Federighi, Council Member
RE: S02-09 & VOl-09 CITY OF LAFAYETTE (APPLICANT & OWNER), R-1O ZONING:
Request for: (1) Sign
Permit pursuant to Section 6-2523(c) of the Lafayette Municipal Code ("LMC") to construct a 4 42 sq. ft. one-
sided freestanding sign and a 84 sq. ft. (
42 sq. ft. per face) two-sided freestanding sign; both signs are
externally illuminated and
5
'-6" high, and (2) Variance from Section
6-2554(a)
LMC to exceed the limit of one
freestanding sign per street frontage,
6-2554(c)
LMC to exceed the limit of 25 sq.
ft.
in area per side of the
freestanding sign, Section 6-2565(b) LMC to exceed the aggregate sign area of 80 sq. ft., and Section 6-2565(a)(2)
to allow the signs to be illuminated, located at 500 Saint Mary's Road, APN
237-260-035.
Dear Mrs. Russell:
On Tuesday, March 24, 2009, the Design Review Commission considered your application described above.
The
Commission approved your application based on the required findings and subject to 10 conditions. There is a 14-
calendar day appeal period from the date of action in which this decision may be appealed to the City Council. This
approval shall expire one-year from the approval date unless a building, grading, or demolition permit has been issued by
Contra Costa County Building Inspection Department for the project.
Please review all the conditions of approval carefully and be sure that everyone who will be involved with the
development of this project is fully aware of these conditions.
You may be required to submit separate applications,
plans, and fees to other City departments or local agencies outlined in the conditions of approval. Please submit three (3)
sets of construction drawings to the Planning Services Division and the project planner will review the construction
drawings for conformance to the approved design drawings and ensure that the applicable conditions have been fulfilled.
Please allow for approximately one (1) week for planning review.
Hyperlinks are provided for the applicable handouts, applications, and documents referenced in the conditions of
approval.
Alternatively, the
referenced
documents
may be obtained by visiting the City's website,
www.lovelafayette.org.
No
changes to the approved project, except those required by the conditions of approval, are to occur without
prior approval by the City. Please note that all plan reviews andlor field inspections require a minimum 72-hour
notice.
Please contact me at
(925)
299-3219 or MCass(dci.lafayette.ca.us, if you have any questions.
Sincerely,
iLLL
Michael P. Cass
Assistant Planner
Enc.: DRC Resolution 2009-03
e
Exhibit "A" - Conditions of Approval
e
How to Get a Building Permit in Lafayette Handout
C:
File S02-09 & V01-09
3675 MT. DIABLO BLVD., SUITE 210, LAFAYETrE, CA 94549
TELEPHONE: (925) 284-1968
• FAX (925)
284-3169
http://www.ci.Iafayette.ca.us

 
Design Review Commission Resolution 2009-03
A RESOLUTION OF THE DESIGN REVIEW COMMISSION OF THE CITY OF LAFAYETTE
CONDITIONALLY
APPROVING: S02-09 & V01-09 CITY OF LAFAYETTE (APPLICANT &
OWNER), R-l0 ZONING: Request for: (1) Sign Permit pursuant to Section 6-2523(c) of the
Lafayette Municipal Code ("LMC") to construct a
42 sq. ft. one-sided freestanding sign and a 84
sq. ft.
42 sq. ft. per face) two-sided freestanding sign; both signs are externally illuminated and
5 '-6"
high, and (2) Variance from Section
6-2554(a)
LMC to exceed the limit of one freestanding
sign per street frontage, 6-2554(c) LMC to exceed the limit of
25
sq.
ft. in area per side of the
freestanding sign, Section
6-2565(b)
LMC to exceed the aggregate sign area of 80 sq. ft., and Section
6-2565(a)(2)
to allow the signs to be illuminated, located at 500 Saint Mary's Road, APN 237-260-
035.
RECITALS
A.
On January 13, 2009, Jennifer Russell, applicant, submitted an application on behalf of the City
of Lafayette, property owners, requesting review and approval of applications S02-09 and Vol -09
for a sign permit and a variance.
B.
On January 13, 2009, the application was deemed complete.
C.
On January 27, 2009, the Design Review Commission, following notification to the public in the
prescribed manner, conducted a public hearing where it received written and oral testimony,
including a staff report.
After consideration and deliberation, the Commission continued the
matter to February 24, 2009 to allow the applicant to make the following modifications:
Reduce the quantity of signs.
Refine proposed signage to match new freestanding
"Lafayette Community Center" signage, including trim (routed white band), color,
material, and include business name, address, and City logo.
2.
Reconsider siting of signage to relate to the building or entrance/exit of the property.
Create a plan for all signage within 1O'-O" of Saint Mary's Road.
D.
On February 24, 2009, the Design Review Commission continued the matter without
consideration to March 24, 2009 to allow the applicant to revise the application in response to the
Commission's comments and review by the Parks, Trails & Recreation Commission.
E.
On March 11, 2009, the Parks, Trails & Recreation Commission forwarded a recommendation of
approval to the Design Review Commission, subject to the following recommendations:
Prefer original proposal with the "V-shaped" orientation, located between the northern
and southern entrances.
2.
Replace the sign at the southern entrance to match the proposed signage at the northern
entrance.
Maintain signage for Senior Services Center.
F.
On March 24, 2009, the Design Review Commission, following notification to the public in the
prescribed manner, conducted a public hearing where it received written and oral testimony,
including a staff report.
After consideration and deliberation, the Commission approved the
application based on the required findings and subject to conditions of approval as shown in
Exhibit "A".
NOW, THEREFORE, the Design Review Commission of the City of Lafayette, California finds and
determines as follows:
Page 1 of4

 
Design Review Commission
March 24, 2009
Resolution 2009-03
S02-09 & V01-09 City of Lafayette
-
LCC
1.
All the facts contained in the staff reports of January 27, 2009, February 24, 2009, and March
24, 2009 are hereby adopted as the Commission's own findings of fact and incorporated into
this resolution by reference.
2.
The required findings, including design criteria for the Sign Ordinance and required findings
for a sign permit variance, have been evaluated by the Commission as follows:
6-2526 Design Criteria of the Sign Ordinance
As required by Section 6-2526 of the Lafayette Municipal Code, the Design Review
Commission shall apply the following design criteria in reviewing each sign application:
1.
Architectural Compatibility.
The sign shall be compatible in size, character and quality
of design with the exterior architecture of the premises and other structures in the
immediate area.
The proposed signage is similar to the existing freestanding sign, located at each public
park within the City, in terms of shape, dimensions, style, colors and materials.
Additionally, the proposed sign utilizes vertical posts to complement the existing board
and baton siding on the existing buildings at the subject property. The signs located at
the northern and southern entrances are proposed o match each other.
2.
Simplicity.
To the extent feasible, the sign should be graphic and with limited use of
words, with the design emphasis on simplicity of style.
A simple design or abstract
graphic design is preferred. Similarly, a simple sign frame and supporting structure is
preferred.
The proposed signage includes no permanent graphics or words, as the sign copy will be
continually updated to correlate with upcoming events and classes.
The proposed
signage is simple and legible, through the use of basic geometric shapes.
The sign is
designed to match the sign style with the Downtown Banner Box, located at the corner of
Mount Diablo Blvd. and Moraga Road. All temporary signage will comply with the
Conzmunity Events Board Banner Guidelines, specfIcally no more than four lines of text
are acceptable.
3.
Identification.
A commercial sign should be designed for the primary purpose of
identifying a business or office.
The proposed signage includes no permanent graphics or words, as the sign copy will be
continually updated to correlate with upcoming events and classes.
The sign copy will
identify the services rendered at the Community Center.
4.
Fewer Signs. In the use of the total sign allowance at a particular premise, the use of a
minimum number of signs is preferred to the use of many signs so that a cluttered effect
is avoided.
The applicant proposes to remove four signs and install two new signs. The application
includes a net reduction of two signs. The subject application will remedy an existing
non-conforming situation, in terms of non-permitted signs.
5.
Shape, Size and Orientation.
The shape of a sign should not conflict with the
architectural lines of its setting. Signs should be directed toward the passing motorist and
the pedestrian.
No sign should be designed to be readable from the freeway or to attract
motorists from a great distance.
The proposed signs do not conflict with the architectural lines of their setting, as the
signs are rectangular and utilize basic geometric shapes.
Signage is directed towards
vehicular and pedestrian traffic, as the freestanding signs are proposed to be located at
each entrance to the subject property.
The signage is not legible or visible from the
freeway.
Page 2 of 4

 
Design Review Commission
March 24, 2009
Resolution 2009-03
S02-09 & V01-09 Citp of Lafayette
-
LCC
6.
Illumination and Colors.
A sign must not overpower its surroundings through hue,
saturation and brilliance or close combination of incompatible colors.
Sources of
illumination should be screened from public view and should be designed to avoid glare
onto a street or adjacent property.
The applicant proposes to install an external illumination box to illuminate the
interchangeable event signage.
The proposed box will screen the illumination source.
Light will be directed solely at the proposed signage.
The applicant proposes to utilize
background colors that are consistent to the colors of the existing freestanding sign.
7.
Landscaping. A sign should be placed with consideration for existing and future growth
of trees and other landscaping.
A freestanding sign must be placed in a landscaped area
or planter, with landscaping maintained in a thriving manner.
The proposed freestanding sign is located within an existing landscape planter that
includes oak trees and a few low shrubs and bushes.
The existing landscaping is
predominantly native, consistent with City policies, practices, and guidelines.
No new
landscaping is proposed.
8.
Compatibility with Adjacent Uses. The design and location of a sign should not impair
the visibility or the design quality of existing conforming signs.
The design and location of the proposed monument sign will not impair the visibility of
existing signage, as it is proposed to replace existing signage.
The proposed signage
does not impact the design quality of existing conforming signage as it is designed to
match the design style (particularly the existing freestanding sign).
6-2527 Required Findings for Sign Permit Variance.
When practical dfJIculty, unnecessary hardship or a result which is inconsistent with the
purpose and intent of this chapter occurs from the strict application of this chapter, the
design review commission may grant a variance with respect to the regulations in this
chapter relating to the height, area, location or number of signs allowed if it finds that all of
the following conditions exist:
1.
Because of a special circumstance concerning the subject property, including size, shape,
topography, location or surroundings, the strict application of this chapter would deprive
the applicant of privileges enjoyed at other properties in the vicinity and in the same land
use district;
The subject property includes a number of special circumstances that differentiate it from
other properties within the vicinity and other properties within the R-10 zoning district.
The subject property is substantially larger than the adjacent properties.
The subject
property includes a community facility, and civic use and not a single-family residence.
The subject development, while in a single-family residentially zoned district, is more
compatible with commercial use, as there are a number of different rooms (similar to
separate tenants). Additionally, the subject property has three principle frontages for the
main building and one principle frontage for the Manzanita Room, where single-family
residences usually have only one principle frontage.
The additional frontages warrant
additional signage.
2.
The variance would not constitute a grant of special privilege which is not generally
available to other property in the vicinity and in the same land use district; and
The variance will not constitute a special privilege, as there is existing non-residential
development in residentially zoned zoning districts where a variance has been granted or
there are non-conforming to the aggregate signage limitation.
The existing signage on
the subject property became non-conforming when the aggregate limit was established
Page3 of4

 
Design Review Commission
March 24, 2009
Resolution 2009-03
S02-09 & V01-09 City of Lafayette
-
LCC
and exempt signage was included in this limitation.
Properties
with similar
circumstances include Buckeye Fields, educational facilities, and religious institutions.
The illumination will not warrant a special privilege as the sign includes address
iden4fIcation.
3.
The special conditions or unique characteristics of the property were not created by the
applicant, property owner, tenant, lessee or any party otherwise in control of the property.
The special conditions were not created by the City of Lafayette, as there was an
educational facility on the subject property, prior to the establishment of the Lafayette
Community Center.
The establishment of the Community Center merely continued the
existing unique circumstances.
3.
Based on the above findings, the Design Review Commission hereby approves the request for
a sign permit and a sign variance, subject to the conditions contained in Exhibit "A" attached
to this resolution.
4.
This resolution becomes effective upon its adoption.
PASSED AND ADOPTED by the Design Review Commission of the City of Lafayette, California at
a meeting held on March 24, 2009 by the following vote:
AYES:
Chair Lee, Vice Chair Ptaszynski, and Commissioner Cleaver
NOES:
None
ABSENT:
Commissioners Hertel and Marquand
ABSTAiN:
None
ATTEST:
Niroop
.
Srivatsa,
Planning & Building Manager
ATTACHMENT(S):
Exhibit "A" - Conditions of Approval
Tom Lee
Design Review Commission Chair
Page 4 of 4

 
EXHIBIT "A"
OF DRC RESOLUTION
2009-03
CONDITIONS OF APPROVAL S02-09 & V0l-09 CITY OF LAFAYETTE
Project specIc conditions of approval are shaded
1.
Development shall conform to the site plans, elevations, and details (Option #1)
received
March 18, 2009 and March 19, 2009, on file at the City Offices, as
modified by these conditions.
3. Pursuant to
§6-250
of the Lafayette Municipal Code, this approval shall expire one
year from the approval date unless a building permit has been issued for the
project.
The Planning & Building Services Manager may extend the period to
exercise the permit for up to one additional year, upon a showing of good cause, if
such request is received in writing prior to the expiration date.
4.
No changes shall be made to the approved plans or color and materials without
Ongoing
review and approval by the Planning Services Division andlor appropriate
condition.
commissions as determined by the Planning & Building Services Manager. If
changes are approved by the City, the applicant shall prepare three sets of revised
plans for review and approval by the Planning Services Division. Once the revised
plans are stamped "approved", the applicant shall submit the revised plans to the
Lamorinda Building Inspection Office for their review and approval.
5.
Construction plans shall conform to the approved design drawings. The applicant
shall indicate to staff at the time of submittal for building permit plan check, any
and all modifications, clarifications, or changes on the construction drawings from
the approved design drawings.
The applicant shall defend, indemnify and hold harmless the City of Lafayette, (its
agents, officers and employees) from an action, or proceeding against the City that
attacks or seeks to, set aside this approval, if the action or proceeding is brought within
the applicable time period of Government Code Section 65009. If the City is aware of
such action or proceeding it shall promptly notify the applicant and cooperate fully in
the defense. If the City fails to promptly notify the applicant, or fails to cooperate fully
in the defense, the applicant is not thereafter responsible to defend, indemnify or hold
the City harmless. This condition does not prohibit the City from participating in the
defense of the action, or proceeding, if both of the folloi.ving occur: (1) the City bears
its own attorney's fees and costs; and (2) the City defends the action in good faith. In
this condition "applicant" means each person who qualifies as an applicant as that term
is defined in L.M.C. sections 6-203.
7.
The conditions of approval set forth in this document Exhibit "A" shall be
duplicated in the construction drawing plan sets for the benefit of the contractor(s),
subcontractor(s) and inspector(s).
Conditions of Approvals S02-09 & V01-09
Page 1 of 2

 
PRIOR TO RELEASE OF "HOLD-ON-FINAL" STATUS
AND FINAL
BUILDING INSPECTION
9.
The applicant shall remove all temporary new business signs or otherwise
0 Satisfied
prohibited signs.
Permanent banner signs are subject to Design Review
DATE:
Commission approval and may not be installed without Sign Permit approval.
___________
Violations of the Sign Ordinance (Chapter
6-25)
may be abated and/or subject to
STAFF__________
fines pursuant to Sections 6-2582 and 6-2580 of the Lafayette Municipal Code
(LMC).
Prohibited signs include but are not limited to the following,
6-2530
LMC:
u
A-frame signs (sandwich boards)
o
Temporary banner signs not identifying a new business
o Portable signs which are designed to be moved and are not permanently
attached to the ground, building, structure, or other thing.
0
Mobile signs which are attached to, leaning against or suspended from a
vehicle which is not an integrated part of the vehicle or are mounted on any
type of deice movable or capable of being moved by a vehicle
cJ
Off-site signs including bench signs, billboards, poster panels, and directional
signs
0 Flashing, moving, rotating, animated or inflated signs
10. The applicant shall contact the Lafayette Planning Services Division at least 72 hours
0 Satisfied
prior to requesting a final building inspection from the Contra Costa County Building
Inspection Department.
The applicant shall request an inspection of the project by
DATE:___________
Planning Services Division staff to confirm that all conditions of approval have been
STAFF,__________
met and that the project was constructed in accordance with approved plans. Planning
Services Division staff will release the "Hold" on the final building inspection when all
conditions of approval have been met and a site inspection finds that the project was
constructed in accordance with approved plans, including but not limited to siting,
grading, retaining walls, tree protection measures, location of windows & doors, and
building color.
-
end -
Conditions of Approval. S02-09 & VO1-09
Page 2 of 2

 
March 19, 2009
APPROVED
Sign Specifications for North Entrance:
Total Size of Sign (including posts): 7'-6" wide x
5'-6"
feet tall x 6" deep
Posts (2): 6" x 6" x 8'-O" tall with 2'-6" buried in
the ground.
Made of redwood and stained with
Cabot Brand, Bark-Solid color to match existing
address sign.
Address Section at top: 6'-6" wide x 2'-O" tall x 3"
deep.
Made of redwood with routed letters painted
to match existing address sign.
Illuminated Box for Interchangeable Event
Banners: 6'-6" wide x 3'-O" tall x 4" deep. Made
of Exterior Aluminum perimeter and heavy duty
door frame with a dark bronze anodized finish.
Single top piano hinged door with glazing of clear
polycarbonate or tempered, key locks, and prop
open rods.
Mounted between posts by others.
Aluminum background with black vinyl
impregnated cork board on exterior substrate. Unit
to be weather sealed and to have a sheet metal back
pan for exterior application.
1-SIDED
ADAPTING
AT NORTH
ENTRANCE
(Sign above)
G SOUTH
ENTRANCE SIGN (Sign
below)
Total Size o.2ign (including posts): 5'-l 1" wide x

 
-5
Rnn,ovo signs A nnd B with
new one-sided sign.
Lafayette Community CentØr
/
I
•I
______
.
REPLACE CURRENT ADDRESS SIGN WITH
NEW 2-SIDD SIGN THAT MATCHES NEW
1-SIDED SIGN AT NORTH DRIVEWAY
Proposed Signs
2
/v
RECEVEb]
MAR 1 8 LUUS
CITY OF LAFAYETTE
PLANNING DEPT.

 
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ROAD
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- - --
©
_----
-
-
II
jj
-.
___
Current Signage
_____
E
Lafayette Community Cente

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