1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Meeting Date: March 10, 2014 TOWN OF MORAGA STAFF REPORT_ To: Chair and Members of the Design Review Board From: Brian Horn, Associate Planner Subject: Reconsideration of Previous Design Review (DRB 25-13) to install a halo illuminated canopy sign on the east elevation of an existing building at 556-560 Moraga Road. (CC, BH) Request Reconsider and APPROVE the attached Design Review Board Sign Application DRB # 25-13 pursuant to Moraga Municipal Code (MMC) Sections 8.12.250 and 8.88.280 subject to findings and conditions of approval. Background In November 2013 a sign permit application was submitted for the proposed Massage Envy, to be located at 556-560 Moraga Road, in the Rheem Center. The proposed sign is illustrated in Attachment E. As shown, it comprises individual raised letters reading read ‘Massage Envy ~ Spa’ on a single line of copy. The proposal included using letters ranging in size from 18 inches to 10 inches in height and of varying font styles. (Additional details of the originally proposed sign design are outlined in the Discussion section, below) The project was brought before the Design Review Board (DRB) on January 13, 2014. Staff did not recommend approval of the sign as proposed, on the basis that it was not consistent with the Rheem Shopping Center unified sign program since the proposed font size would exceed 12 inches in height and that there was more than 1 font type on a single line of text. Staff instead recommended three alternate design options that could accommodate the applicant’s desired sign copy and fonts: 1. Placing the text on two separate lines which would result in the individual letters in the first line being reduced to 8 inches in height and on the second line 4 inches in height, or 2. Removing the work ‘~ Spa’ from the sign (allowing for remaining letters to be 12 inches high); or 3. Placing all copy on a single line and using a uniform font and 12” letter height The DRB asked the applicant’s representative which of the three alternatives they would prefer; to which the representative stated that option 3 would be preferred. The sign was approved by the DRB to reflect design option 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 On January 16 staff received an email from the applicant stating that requiring the sign to be single font was an infringement of Massage Envy Spa’s trademark, and the Town could therefore not mandate the option that was approved. Since that time, the applicant and staff have been in discussion about potential options to resolve the matter in a mutually acceptable way, and the Planning Director requested Reconsideration of the DRB’s approval to modify the approved design. Although the item was originally noticed to come before the DRB on February 10, 2014, it was continued until March 10, 2014 to allow additional time for discussion between the applicant and staff. The remainder of this staff report focuses on key aspects relevant to the DRB’s reconsideration of its prior approval. Background information on the site location, existing conditions and planning context are provided in the January 13, 2013 staff report, included as Attachment C. Discussion Original and Approved Sign Proposal As outlined above, the original sign proposed November 13, 2013 included individual raised letters reading read ‘Massage Envy ~ Spa’ on a single line of copy. The proposal included using letters ranging in size from 18 inches to 10 inches in height and of varying font styles The sign would measure 14 feet 7 3/8 inches in length and the total sign area was approximately 22 square feet. The proposed letters would be made of aluminum and painted ‘brilliant gold #286-400, satin’ on the face and sides. The sign would be halo illuminated with light-emitting diodes (LED) strips mounted inside the channel letters. The LEDs would illuminate the fascia board behind the sign to create a halo lighting effect The DRB’s approval reflected a similar total size, lighting and materials, but modified the layout of the proposed sign copy to include a single line of text and uniform letter height. Revised Sign Proposal The sign proposal has been revised to have two fonts on one line of text which is consistent with Massage Envy’s trademarked logo. The use of two font types on a single line required a reexamination of the font sizes The original November submittal of the ‘Massage Envy Spa’ design contained characters drawn in a cursive style ranging from 18 inches in height to 10 1/2 inches in height and a second font style for the word ‘Spa’ with characters of a consistent 13 7/8 inches in height. (See Attachment E) As discussed above, the DRB approval from January 14, 2014 permitted the sign to have one font type of 12 inches in height on one line of text. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 As a compromise, staff has suggested that the height of the word ‘Spa’ be used as the base height for the sign in determining the overall character height. This would result in the letters in ‘Spa’ being 12 inches in height, the majority of the cursive lettering being reduced to 9 1/8 inches in height and four characters (M, G, E, Y) being 15 1/2 inches in height. The average font height for the proposed sign would be 11 1/2 inches (See Attachment F). The differences between the various iterations of signs proposed is summarized in Table 1. Table 1: Sign Font Height Font Type November Font Height(s) Submittal Font Approved by Heights DRB 01/14/2014 ‘Massage 18 inches in height Maximum 12 Envy’ for the M, G, E inch height Cursive and Y and 10 1/2 inches in height for the remainder. ‘Spa’ Maximum 12 inch Maximum 12 height inch height Reconsideration Recommendation Font Heights 15 1/2 inches height for the M, G, E and Y and 9 1/8 inches in height for the remainder. Maximum 12 inch height Additionally, because the characters of the sign will be reduced in size the applicant is proposing to relocate the sign from the northernmost frontage to the southernmost frontage on Center Street to increase sign visibility which was partially obstructed by trees in the previous location. The revised sign location is illustrated in Figure 1 Figure 1: Sign Relocation Sign location approved by DRB 01/14/2014 Proposed sign location 18 19 20 21 22 Conformance with Applicable Regulations and Design Guidelines Staff reviewed the proposed revised sign for conformance with the Moraga Municipal Code (MMC), General Plan, and Design Guidelines. A summary and 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 analysis of the Municipal Code standards and Design Guidelines that are applicable to the project is provided in Attachment B. 1. General Sign Regulations: The proposed signs conform to the size, height, location, projection and lettering composition requirements of the Sign Ordinance in the Municipal Code. The proposed sign would be illuminated with LEDs in a halo style. The LEDs would be mounted on the back of the raised letters. The level of illumination for the halo lighting would be required, as a condition of approval, not to exceed 5 foot-candles at 10 feet of distance. 2. Scenic Corridor: The proposed sign would not visually dominate the existing landforms or vegetation on the scenic corridor because the sign would be mounted on the existing fascia board approximately 425 feet from Moraga Road. It would not extend above the building roofline or in front of any landscaping, blocking views around the shopping center. Furthermore the proposed halo lighting would be a subtle form of illumination that would not cause undue glare or brightness that would detract from the appearance of the scenic corridor. 3. Design Guidelines: While the project conforms to the general design guidelines for signs, it differs from the guidelines specific to the Rheem Shopping Center uniform sign program. The Rheem Shopping Center uniform sign program Section B.i and B.iv outlines the basic criteria for tenant identification canopy signs and Halo lighting to be: 25 26 • Individual, raised, gold-leafed letters (8”, Century Schoolbook, medium type) on the first line of copy. 27 • White letters (4” Helvetica type) on the second line of copy, if any. 28 • “Halo-type” lighted gold-leaf signs may be “back-lighted”. 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 • All halo-type signs shall have a front setback of not less than 50 feet and shall be subject to design review by the Design Review Board to assure design compatibility with the use that the sign is identifying as well as neighboring uses. The proposed sign does not conform to the following three guidelines in the Rheem Shopping Center uniform sign program: (1) Some of the individual letters would exceed the maximum allowed height and; (2) The individual letters would be alternate fonts that are not Century Schoolbook or Helvetica and; (3) There would be more than one font type per line of text. To be consistent with other similar smaller tenants in the shopping center, staff would normally recommend that sign characters be a maximum size of 12 inches in height. However, the trademarked logo for Massage Envy contains letters of varying size. As described, the largest letters would be 15 ½ inches in height, with a proportional decrease in the size of other sign characters. As proposed, all but four of the characters will be less than 12 inches in height and the average 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 character height of all the characters would be 11 ½ inches. Staff believes that the intent of the sign program will still be achieved and that this exception would strike a balance between being consistent with the sign program and not infringing on the Massage Envy trademark. Regarding font style, staff recommends that the applicant be allowed to use two alternate fonts on one line, to allow the sign to meet the Massage Envy ~ Spa franchise trademark. As a franchisee, use of the trademark is important to the business identification. Several corporate businesses within the Rheem Shopping Center, such as Nations and Great Clips, have been permitted to use fonts that differ from those specified in the sign standards for Rheem Center (noting that these typically have been a single font type on one line of text). Additionally, laws related to trademarked logos limit the Towns ability to enforce specific design guidelines that would infringe upon a trademarked logo. Finally, the submitted plan sets shows the existing green fascia board with a light purple hue. While this may just be a printing discrepancy, condition of approval #12 requires maintaining the green fascia board. General Plan Consistency: The 2002 General Plan contains the following applicable policy: 1. Policy CD3.6 – Development Standards and Design Guidelines: Adopt development standards and design guidelines for Scenic Corridors to control site design and setbacks, landscaping, infrastructure locations, grading and signage. Staff Analysis: Standards set in the Sign Ordinance, Scenic Corridor Ordinance, and Design Guidelines are applicable to the proposed sign. Signs play a key role in identifying the locations of local business and creating an image for a business and the Town. The proposed signage is consistent with the Sign Ordinance and Scenic Corridor Ordinance, and substantially conforms to the Town’s Design Guidelines, with the exception of the modification to the standard size and font type of the Rheem Shopping Center to allow Massage Envy to utilize its trademark font consistent with other approved signs within the shopping center for chain businesses with trademarked logos. Recommendation Due to the project’s consistency with the Zoning Ordinance and General Plan, and minimal impact on surrounding properties, staff recommends that the Design Review Board Reconsider and APPROVE the attached Design Review Board Sign Application DRB # 25-13 pursuant to Moraga Municipal Code (MMC) Sections 8.12.250 and 8.88.280 subject to findings and conditions of approval. Report reviewed by: Attachments: A. Shawna Brekke-Read, Planning Director Draft Action Memo 5 1 2 3 4 5 6 7 8 B. C. D. E. F. G. Summary of Sign Ordinance and Design Guidelines Analysis January 13, 2014 Staff Report Rheem Shopping Center Uniform Sign Program Previous Project Plans dated November 13, 2013 Revised Project Plans dated February 27, 2014 Massage Envy Corporate Logo 6 ATTACHMENT A DRAFT ACTION MEMORANDUM Town of Moraga PLANNING DEPARTMENT 329 RHEEM BOULEVARD MORAGA, CA 94556 (925) 888-7040 DESIGN REVIEW BOARD ACTION MEMORANDUM On March 10, 2014, the Town of Moraga Design Review Board considered the application described below: DRB #25-13 – Arrow Sign Company (Applicant), PK I Rheem Valley, LP (Owner) 556 - 560 Center Street: Design Review to install a wall sign on the east elevation of an existing building. DESIGN REVIEW BOARD ACTION: The DESIGN REVIEW BOARD hereby approves the wall sign in accordance with the following findings and conditions: PART 1: DESIGN REVIEW FINDINGS FOR SIGN: In accordance with Moraga Municipal Code (MMC) Section 8.88.280, the following findings must be made by the Design Review Board for approval of signs: 1. The sign has the same character and quality of design as the exterior architecture of the property and area where it is located. The sign will utilize individual raised gold lettering and backlit halo lighting consistent with the Rheem Shopping Center uniform sign program. Although the sign will not use 8 inch high Century Schoolbook font, the Design Review Board finds that the use of the trademark Massage Envy ~ Spa font is necessary for proper business identification and would not have a negative impact on the overall appearance of the shopping center. 2. The location of the sign will not impair the use of the property or conflict with the visibility, location or arrangement of existing adjacent signs. The sign will be located on the fascia board below the leading edge of the canopy that is provided by the shopping center for business signage. The halo lighting will be backlit and restricted to a maximum intensity of 5 foot candles at 10 feet distance, so it will not cause under glare or interfere with adjacent signs. The tenant space is set back approximately 425 feet from Moraga Road so it would not be visually dominant on the scenic corridor. PART 2: CONDITIONS OF APPROVAL: 1. The plans submitted for a building permit to install a wall sign at 556 - 560 Center Street shall be substantially in accordance with the plans approved by the Design Review Board on March 10, 2014 and this Design Review Board Action Memorandum. Any Page 1 of 3 – Final Action Memorandum (File No. DRB 25-13) significant changes to the plans will require re-submittal to the Design Review Board for approval. Conditions Shall be Printed on Plans 2. The conditions of this approval shall be printed on the first sheet of each plan set submitted for a building permit pursuant to this approval, under the title ‘Design Review Board Conditions.’ The second sheet may also be used if the first sheet is not of sufficient size to list all of the conditions. The sheet(s) containing the conditions shall be of the same size as those sheets containing the construction drawings; 8-1/2” by 11” sheets are not acceptable. Applicant Responsible for Compliance with Conditions 3. The applicant shall ensure compliance with all of the following conditions. Failure to comply with any condition may result in construction being stopped, issuance of a citation, and/or modification or revocation of the approval. Subject to all Town and Other Regulations 4. The approved signs are subject to, and shall comply with, all applicable Town Ordinances and laws and regulations of other governmental agencies. 5. The applicant shall apply for and pay all appropriate fees for building permits, plan checks and inspections. During Construction 6. Construction hours shall be limited to the hours from 8 a.m. to 5 p.m. Monday through Friday. Prior to Issuance of a Building Permit 7. Prior to issuance of the building permit, the applicant shall submit plans detailing the following, consistent with the Rheem Shopping Center uniform sign program: a. Gold lettering. b. A letter height of 15 1/2 inches or less for the script style letters M, G, E and Y. c. A letter height of 9 1/8 inches or less for the remaining script style letters. d. A letter height of 12 inches or less for each of the letters in the word ‘SPA’. At All Times 8. The sign shall be maintained and kept in a safe and secure condition at all times. 9. The sign shall be illuminated only during the hours of operation of the associated business. Page 2 of 3 – Final Action Memorandum (File No. DRB 25-13) 10. The intensity of the signs illumination shall not exceed five foot-candles of illumination measured at ten (10) feet. 11. Exposed neon tube or LED signs are prohibited. 12. No changing of the green fascia board color is permitted. 13. Decorative product type signs used for purposes of interior design, such as informative or decorative type signs, shall be erected only within the business establishment and shall be located no closer than six (6) feet to an exterior window or open doorway. 14. This permit and each condition contained herein shall be binding upon applicant and any transferor, or successor in interest. 15. If construction is not commenced within one year from the date of final action, the permit becomes null and void. However, this discretionary action may be renewed by the Planning Director for a maximum period of one year provided the applicant places such a request in writing to the Planning Director showing good cause prior to the expiration of the discretionary action. Design Review Board action is appealable to the Planning Commission within 10 calendar days after the date of the decision. Questions regarding the action of the Design Review Board should be directed to the Town of Moraga Planning Department at (925) 888-7040. __________________________ Shawna Brekke-Read Planning Director Page 3 of 3 – Final Action Memorandum (File No. DRB 25-13) ATTACHMENT B SUMMARY OF SIGN ORDINANCE AND DESIGN GUIDELINES CONFORMANCE ANALYSIS D e s i g n R e v i e w B o a r d SGN # 25-13 Attachment B General Sign Regulations: The following code regulations apply to the proposed signs: MMC Regulation Analysis 8.88.060 Area – General. No sign may have an area exceeding two hundred (200) square feet. The proposed sign would not have areas exceeding 200 square feet. The sign would be 16.4 square feet in size. 8.88.080 Area—Walls A wall sign may not exceed ten percent of the wall's area. 8.88.100 Location. A sign shall be located only on the frontage of a premise. 8.88.110 Letters – Lights. A. No letter or character contained in a sign shall be over four feet high. B. Lighted signs require design review approval and the intensity shall not exceed five foot-candles of illumination measured at ten (10) feet. 8.88.120 Projections – Heights. A. No part of a sign may project above the roof line or ridge line of the building to which it is attached. B. A sign shall not project more than one foot horizontally from a building. D. A sign on a wall shall not extend higher than fifteen (15) feet above the ground. The tenant space in an ‘L’ shape with approximately 54 feet of linear frontage on Center Street. The front of the tenant space is 195 square feet in area (11 feet high by 54 feet wide). The sign would be 22 square feet, which is less than 59.4 square feet, which would be proportionally ten percent of the total wall frontage. The proposed sign would be located on the frontage of the premise (east side of the building) facing across the parking lots towards Moraga Road. The proposed sign letters would be a maximum of 12 inches in height. The sign is proposing halo illumination, which would be required to be less than 5 foot candles at ten feet in intensity by the condition of approval #10. The proposed sign would be on the fascia board and would not project above the roofline of the building. The proposed sign would project a total of four and a half inches horizontally from the building. The sign would be mounted on the fascia board which is 15 feet above the ground. Scenic Corridor: The proposed signs are subject to the applicable guidelines under MMC Section 8.132.050-B because they are within the Moraga Road scenic corridor: Guideline 4: Each structure or feature reviewable under this chapter shall be limited to scale and siting to reduce visual dominance or obstruction of existing landforms, vegetation, water bodies and adjoining structures. Analysis The sign mounted on the existing fascia board of the shopping center would not obstruct views of landforms or vegetation because it would be incorporated into the existing shopping center space. The proposed halo 556 – 560 CENTER STREET DESIGN REVIEW BOARD Page 2 of 4 January 13, 2014 Guideline Analysis illumination is a more subtle form of sign lighting and would not be visually dominant because it is approximately 425 feet from Moraga Road. 5: Each structure shall be constructed, painted and maintained and all planted material shall be planted and maintained to complement and enhance scenic views and the natural landscape. The sign would be manufactured and installed by Arrow Sign Company and maintained by the business owner. Condition #8 requires year round maintenance of the sign in a safe and secure condition. 7: Lighting shall be compatible in type, style and intensity to the surrounding elements and not cause undue or aggravating disruption, glare and brightness. The proposed halo lighting would reflect off of the green background of the fascia board and should not cause undue glare or brightness. Design Guidelines: The following design guidelines apply to the proposed signs: Design Guideline CC3 Signs CC3.1: All signs should be related to their surroundings in terms of size, shape, color, texture, and lighting so that they are complimentary to the overall design and not in competition with other signs in the area. Analysis The size of the sign would be comparable to other area businesses. While the letters would be larger than the 8 inches standard in the shopping center, there would only be one line of text so it would still fit within the fascia board space for a minor tenant. Additionally, Massage Envy ~ Spa is consolidating three tenant spaces into one thereby resulting in less total signage. The text Massage Envy ~ Spa’ is the franchise trademark, so the style and font would not be the hand carved Century Schoolbook, however the color would match the gold of other tenants as required by condition # 7. CC3.2 Signs should be subtle and unobtrusive, conveying their message in a clear and legible fashion, and should be vandal-and weather-resistant. The proposed aluminum letters would be durable and the single line of copy that is an average of 11 1/2 inches in height would be legible from Center Street and the parking lots. CC3.4 Lighted signs, whether internally or externally illuminated, should be avoided, except where found to be necessary for location or identification, or as otherwise deemed appropriate by these guidelines. The proposed sign would be backlit in a halo style. The location is far from the roadway and the halo illumination will make the small storefront easily identifiable to customers in the evening during business hours. CC3.6 All lighted accessory signs (primarily business identification signs) whether or not neon, shall be submitted to the Design Review Board for approval and shall be in conformity with any approved sign and design policy for the center, building complex or area. The uniform sign program for the Rheem Shopping Center allows for Design Review Board approval of halo lit signs so long as they are set back 50 feet or more. The proposed sign is set back approximately 425 feet from Moraga Road and is being reviewed per File: 556 – 560 CENTER STREET DESIGN REVIEW BOARD Page 3 of 4 January 13, 2014 Design Guideline Analysis this application. CC3.7 Exposed neon tubing, whether for signing or decoration, is not normally considered in good taste for exterior display and is discouraged. There are no exposed neon tubing proposed. Condition #11 prohibits the display of exposed neon or LED signs. CC3.11 Tenant signs within the Rheem Shopping Center shall follow a uniform signing program, in accordance with these standards: b) Signing for other than major tenants: i) Basic criteria: The tenant identification on the sign board provided below the leading edge of the canopy and visible to the front of the building will utilize individual, raised, nonilluminated gold-leafed letters (8”, Century Schoolbook, medium type) on the first line of copy and white letters (4” Helvetica type) on the second copy, if any. ii) Basic size: Thickness----4 inches; Height----14 inches; Width----36 inches. iii) Although other shapes may differ from basic dimensions, total area may not exceed five square feet per side. iv) Construction standards: 1) Constructed of laminated, vertical, 2”x4” clear, kiln-dried redwood 2) Reinforced with two 3/8” threaded steel rods 3) 3” outside borders sandblasted 4) Copy, border bank, logo art, etc. raised with background hand carved out one full inch 5) Sandblasted borders sealed with clear sealer 6) Background area sealed with two coats of semi-gloss Varathane 7) Border band flat white v) “Halo-type” lighted gold-leaf signs may be “back-lighted” in accordance with official exhibit approved by the Planning Commission on 4/19/82 and attached to Resolution 49-81. All halo-type signs shall have a front setback of not less than 50 feet and shall be subject to design review by the Design Review Board to assure design compatibility with the use that the sign is identifying as well as neighboring uses. The proposed sign is for tenant identification and would be on the sign board provided below the leading edge of the canopy and visible to the front of the building. The sign would utilize individual raised letters. The sign would differ from the guidelines in that the sign would not use the carved sandblasted Century Schoolbook font because the Massage Envy ~ Spa franchise uses a specific lettering as their trademark, and the business, as a franchisee, is required to use this trademark for their business identification. The sign would be painted Brilliant Gold #286-400, satin and in the trademark Massage Envy ~ Spa font. The letters would be required to match the colors of the Rheem Shopping Center per condition #7. This modification of font in the design would allow for the use of the trademark, while remaining within the color scheme and placement standards of the shopping center. Similarly, other franchises, such as Nations and Subway, have used their trademarks within the Rheem Shopping Center. File: The halo lighting would be backlit in conformance to the Rheem Shopping Center uniform sign program. The tenant space is set back approximately 425 feet from Moraga Road so it would not be visually dominant. The halo lighting would be appropriate for massage and spa services which operate into the evening. ATTACHMENT C STAFF REPORT DATED JANUARY 13, 2014 D E S I G N R E V I E W B O A R D S T A F F R E P O R T FOR BOARD ACTION JANUARY 13, 2014 556 – 560 Center Street – Massage Envy Spa Consider Design Review (DRB 25-13) to install a halo illuminated canopy sign on the east elevation of an existing building. (CC, BH) I. Application Basics A. Zoning Permits Required: · Design Review, under Moraga Municipal Code (MMC) Section 8.88.110-B (Letters—Lights), 8.132.040-A(4) (Scenic Corridors), exceptions from Rheem Center Uniform Sign Program for font type and font size. B. CEQA Determination: Categorically exempt pursuant to Section 15301 of the CEQA Guidelines (“Class 1, Existing Facilities”) C. Parties Involved: · Arrow Sign Company, 1051 46th Ave., Oakland, CA 94601 Applicant · Business Owner Laura Lott, 1503 Central Ave., Alameda, CA 94501 · Property Owner PK I Rheem Valley, LP, 3333 New Hyde Park Road, Suite 100, New Hyde Park, NY, 11042 Table 1: Project Chronology Date Action November 13, 2013 Application submitted December 12, 2013 Application deemed complete December 23, 2013 Public meeting notices mailed/posted January 13, 2014 Design Review Board meeting February 10, 2014 PSA deadline 1 1. Project must be heard, approved or denied within 60 days after being deemed complete if exempt from CEQA, or 60 days after adoption of a negative declaration, or 180 days after adoption of an EIR (Govt. Code Section 65950). 329 Rheem Boulevard Moraga, CA 94556 (925) 888-7040 planning@moraga.ca.us www.moraga.ca.us DESIGN REVIEW BOARD January 13, 2014 556 – 560 CENTER STREET Page 2 of 6 Table 2: Special Characteristics Characteristic Scenic Corridor Lighting Applies to Project? Yes Yes Explanation Project site is within 500-feet of Moraga Rd. Application proposes ‘halo’ indirect lighted wall sign Figure 1: Vicinity Map Project Site II. Project Setting A. Neighborhood/Area Description: The project site is located within the Rheem Shopping Center. The shopping center is designed with the majority of the businesses having storefronts on the interior roadway, Center Street. The parking lots are located to the east between Center Street and Moraga Road. Non-major shopping center tenants fronting on Center Street have their business name in gold and white lettering on a green fascia board mounted on a decorative wood canopy which extends across all of the tenant spaces. Some of the tenants, such as Nation’s and Tangleo’s, have halo lit signs. DESIGN REVIEW BOARD January 13, 2014 556 – 560 CENTER STREET Page 3 of 6 Most non-major tenants have one sign on the fascia board, except for Nation’s and Little Hardy Noodle, which occupy corner spaces with one sign on each frontage. Additionally, some businesses also have window signs and shingle signs mounted on the underside of the wood canopy B. Site Conditions: The project site consists of three consolidated tenant spaces, totaling approximately 54 feet of linear frontage, located between Moraga Jewelers and a vacant space adjacent to the Dollar Tree in an attached building on Center Street. The “L”-shape includes the southernmost building facade which is approximately 14 feet long, the building then steps back (west) approximately 22 feet from Center Street to a third northernmost frontage which is approximately 39 feet long. The total linear frontage along Center Street is approximately 54 feet. The building is single story and made of cinder block, with a decorative wood canopy covering the walkway that is supported by wood columns. Mounted on the front of the canopy is green fascia board that extends across all the attached tenant spaces. The storefront is comprised of display windows and three front doors. The Planning Department recently approved tenant improvements which include placing a white film over the existing windows and new walls behind the windows along the southernmost 14 foot frontage and 22 foot step back to allow privacy for the massage rooms. The lobby will be on the remaining 39 foot frontage with the proposed sign above. Figure 2: View of Site, Current Approximate sign location Frontage Area DESIGN REVIEW BOARD January 13, 2014 556 – 560 CENTER STREET Page 4 of 6 III. Project Description The applicant proposes to install a new canopy sign on the shopping center fascia board. The sign would be made of individual raised letters that would read ‘Massage Envy ~ Spa’ on a single line of copy. The proposed sign would use letters ranging in size from 18 inches to 10 inches in height. The sign would measure 14 feet 7 3/8 inches in length and the total sign area would be approximately 22 square feet. The letters would extend 4 1/2 inches from the fascia board, with a sign depth of three inches mounted on 1 1/2 inch standoffs. The letters would be made of aluminum and painted ‘brilliant gold #286-400, satin’ on the face and sides. The sign would be halo illuminated with light-emitting diodes (LED) strips mounted inside the channel letters. The LEDs would illuminate the fascia board behind the sign to create the halo lighting effect. IV. Community Discussion The public meeting notice was mailed to 30 property owners within a 500-foot radius of the site and posted near the site on December 23, 2013. The Planning Department did not receive any written correspondence regarding the project. V. Issues and Analysis A. Key Issues: Staff reviewed the project for conformance with the Moraga Municipal Code (MMC), General Plan, and Design Guidelines. A summary and analysis of the Municipal Code standards and Design Guidelines that are applicable to the project is provided in Attachment B. 1. General Sign Regulations: The proposed signs conform to the size, height, location, projection and lettering composition requirements of the Sign Ordinance in the Municipal Code. The proposed sign would be illuminated with LEDs in a halo style. The LEDs would be mounted on the back of the raised letters. The level of illumination for the halo lighting would be required, as a condition of approval, not to exceed 5 foot-candles at 10 feet of distance. 2. Scenic Corridor: The proposed sign would not visually dominate the existing landforms or vegetation on the scenic corridor because the sign would be mounted on the existing fascia board approximately 425 feet from Moraga Road. It would not extend above the building roofline or in front of any landscaping, blocking views around the shopping center. Furthermore the proposed halo lighting would be a subtle form of illumination that would not cause undue glare or brightness that would detract from the appearance of the scenic corridor. 3. Design Guidelines: While the project conforms to the general design guidelines for signs, it differs from the guidelines specific to the Rheem Shopping Center uniform sign program. The Rheem Shopping Center uniform sign program Section B.i and B.iv outlines the basic criteria for tenant identification canopy signs and Halo lighting to be: DESIGN REVIEW BOARD January 13, 2014 556 – 560 CENTER STREET Page 5 of 6 • Individual, raised, gold-leafed letters (8”, Century Schoolbook, medium type) on the first line of copy. • White letters (4” Helvetica type) on the second line of copy, if any. • “Halo-type” lighted gold-leaf signs may be “back-lighted”. • All halo-type signs shall have a front setback of not less than 50 feet and shall be subject to design review by the Design Review Board to assure design compatibility with the use that the sign is identifying as well as neighboring uses. The proposed sign does not conform to two of the guidelines in the Rheem Shopping Center uniform sign program: (1) The individual letters would exceed the maximum allowed height and; (2) The individual letters would be alternate fonts that are not Century Schoolbook or Helvetica. To be consistent with other similar smaller tenants in the shopping center, staff recommends a maximum letter size of 12 inches. Reducing the individual letter size to a maximum of 12 inches would be consistent with other non-major tenants such as Nation’s, Tangelo’s and Great Clips. Additionally, the maximum of 12 inches in height for one line of text is consistent with the Rheem Design Guidelines exhibit cited under sub-section “b-iv” shown in Attachment C. For the font type, staff recommends that the applicant be allowed to use an alternate font since the Massage Envy ~ Spa franchise uses the specific lettering as their trademark. As a franchisee, use of the trademark is important to the business identification. However, staff recommends that because ‘Massage Envy’ and ‘~ Spa’ use different fonts they should either (1) be placed on two separate lines which would result in the individual letters in the first line being reduced to 8” in height and on the second line 4” in height, or (2) ‘~ Spa’ be removed from the sign, or (3) all letters in the sign be on one line and in one font. Staff has researched ‘Massage Envy’ signs on the internet and found examples where the word spa is either not included or located on a second line of copy. Finally, the submitted plan sets shows the existing green fascia board with a blue hue. While this may just be a printing discrepancy, condition of approval #12 requires maintaining the green fascia board. B. General Plan Consistency: The 2002 General Plan contains the following applicable policy: 1. Policy CD3.6 – Development Standards and Design Guidelines: Adopt development standards and design guidelines for Scenic Corridors to control site design and setbacks, landscaping, infrastructure locations, grading and signage. DESIGN REVIEW BOARD January 13, 2014 556 – 560 CENTER STREET Page 6 of 6 Staff Analysis: Standards set in the Sign Ordinance, Scenic Corridor Ordinance, and Design Guidelines are applicable to the proposed sign. Signs play a key role in identifying the locations of local business and creating an image for a business and the Town. The proposed signage is consistent with the Sign Ordinance and Scenic Corridor Ordinance, and substantially conforms to the Town’s Design Guidelines, with the exception of the modification to the standard size and font type of the Rheem Shopping Center to allow Massage Envy to utilize its trademark font consistent with other approved signs within the shopping center for corporate chain type stores. VII. Recommendation Due to the project’s consistency with the Zoning Ordinance and General Plan, and minimal impact on surrounding properties, staff recommends that the Design Review Board APPROVE the attached action memorandum to APPROVE Design Review Board Sign Application DRB # 25-13 pursuant to Section Moraga Municipal Code (MMC) Section 8.88.280 subject to findings and conditions of approval. Attachments: A. B. C. D. E. Draft Action Memo Summary of Sign Ordinance and Design Guidelines Analysis Rheem Shopping Center Uniform Sign Program Project Plans Sample Message Envy Signs Staff Planner: Brian Horn, bhorn@moraga.ca.us, (925) 888-7044 Reviewed by: Shawna Brekke-Read, Planning Director ATTACHMENT D RHEEM SHOPPING CENTER UNIFORM SIGN PROGRAM ATTACHMENT E PROJECT PLANS DATED NOVEMBER 13, 2013 ATTACHMENT F PROJECT PLAN DATED FEBRUARY 27, 2014 ATTACHMENT G MASSAGE ENVY TRADEMARK Trademark Electronic Search System (TESS) 1 of 2 http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4802:5n084j.2.1 United States Patent and Trademark Office Home|Site Index|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBiz alerts|News|Help Trademarks > Trademark Electronic Search System (TESS) TESS was last updated on Mon Mar 3 03:10:42 EST 2014 Please logout when you are done to release system resources allocated for you. List At: OR to record: ( Use the "Back" button of the Internet Browser to return to TESS) Word Mark MASSAGE ENVY SPA Goods and Services IC 044. US 100 101. G & S: Massage therapy services; esthetic skin care treatment, namely, facial massages. FIRST USE: 20080228. FIRST USE IN COMMERCE: 20080228 Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS Design Search Code 26.17.02 - Bands, wavy; Bars, wavy; Lines, wavy; Wavy line(s), band(s) or bar(s) Serial Number 85855691 Filing Date February 20, 2013 Current Basis 1A Original Filing Basis 1A Published for Opposition July 30, 2013 Registration Number 4417970 Registration Date October 15, 2013 Owner (REGISTRANT) Massage Envy Franchising, LLC LIMITED LIABILITY COMPANY DELAWARE Suite 200 14350 North 87th Street Scottsdale ARIZONA 85260 Attorney of Record James A. Ullman Prior Registrations 2852856;3960464;3964196;AND OTHERS Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "MASSAGE" AND "SPA" APART FROM THE MARK AS SHOWN Description of Mark Color is not claimed as a feature of the mark. The mark consists of the words "MASSAGE ENVY" in script style letters followed by a curved wave line and the word "SPA" in capital letters. Type of Mark SERVICE MARK 3/3/2014 9:37 AM Trademark Electronic Search System (TESS) 2 of 2 Register PRINCIPAL Live/Dead Indicator LIVE http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4802:5n084j.2.1 | .HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY 3/3/2014 9:37 AM