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Variance No. 2004-07 January 18, 2005 Page 2 business identification and limited the number of items allowed on a sign to five and prohibited the use of slogans. The shift to signage as a method of identification was based on two primary factors. First, vehicular safety was a factor since signs with extensive text are more difficult to read as the speed of a vehicle increases. Vehicles need to slow down in order to read all items on a sign, which can adversely affect traffic. Second, signage that contains only the business name reduces the amount of sign clutter in the City, improves the appearance of a structure and helps maintain property values. Due to these factors, the City Council amended the Santa Ana Municipal Code (SAMC) related to signage, thereby implementing the policy direction that signage should be used primarily as a business identification tool. Caribou Industries applied for variances from 17 sections of the SAMC pertaining to signage. After an extensive review of the application, the Planning Commission approved five variances for Original Mike's Restaurant. On December 20, 2004 the City Council scheduled this item for a public hearing with the intent of clarifying the use of slogans on signs. Per Section 41-863 (e) (3) of the SAMC, all signs shall be for business identification only containing the recognized trade name of the business and shall not include slogans. Staff has consistently recommended denial of signage that varies from this standard in order to continue the consistent implementation of the Council's policy direction regarding signs as business identification only. Since the revised sign code was adopted in 1991, a total of 41 sign variances have been processed. Of these, only Variance No. 92-11 for the Heart of Jesus Retreat Center to allow a monument sign with additional text (Sisters of the Society Devoted to the Sacred Heart) on South Greenville could be considered similar to approval of a slogan. If a business owner desires to include a slogan as part of the business name, they have the opportunity to apply to the Federal Patent Office for a registered service mark. Once the service mark is obtained, the slogan becomes part of the business name, thereby bringing the sign into compliance with code. It is staff's position that this is a better option than granting variances to allow slogans as it ensures that the Council's original intent to reduce visual clutter caused by excessive signage will continue to be implemented on future projects. The applicant is in the process of obtaining the service mark for the "good cookin, good livin, good eat in" slogan. By acquiring this service mark, the Original Mike's Restaurant would be in compliance with the sign regulation pertaining to slogans as the slogan would be considered part of the business name. 75C-2