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Home My WebLink About86-040 Ozzie Davis-Pontiac/Toyota 6/2/86 CITY OF DUBLIN PLANNING COMMISSION Meeting Date: June 2, 1986 Supplemental Staff Report SUBJECT: Planning Commission Planning Staff ~ ~ PA 86-040 Ozzie Davis - Pontiac/Toyota Car Dealerships Temporary Promotional Advertising Displays (60-days) Conditional Use Permit. TO: FROM: BACKGROUND INFORMATION: This item was initially scheduled to be heard at the May 19, 1986, Planning Commission hearing. At the Applicant's request, the Planning Commission continued the matter to the hearing of June 2, 1986. The request for continuance was prompted by the Applicant's concern over several of the Conditions of Approval recommended by the Staff within the May 19, 1986, Staff Report. Items which were of concern to the Applicant included the following: 1. Proposal to tie the time frame of this 60-day Conditional Use Permit (CUP) to the same one-year period utilized for Administrative Conditional Use Permit (ACUP) requests recently processed by the Applicant for this site. 2. Proposed limitation on the number of days that a roof-mounted, cold-air balloon can be utilized out of the 60-day permit. 3. Proposed method to monitor dates that displays are utilized. In regards to the first item, the desire of Staff was to tie the starting and ending dates of CUPs and ACUPs for Temporary Promotional Advertising Displays to the same 12-month period. This would facilitate the ongoing administration of both current and future permits. The Applicant would like the ACUPs recently approved on the site (PA 86-029 and PA 86-039), which cumulatively provided for up to 12 days of the potential 14 available dates under an ACUP format to be assessed against the previous 12-month period (running up to June 12, 1986). This approach would allow the Applicant use of 14 additional days of Temporary Promotional Advertising Displays for the period from June 13, 1986, to June 12, 1987. It should be noted that under the current format of the proposed Conditions (see Condition #3, which establishes a time frame that is backdated two months to April 11, 1986), the proposed "twelve- month" period for this CUP would actually be shortened to a 10-month period. This approach would tie the permit to the first date of the most recent ACUP requests and would allow the Applicant to refile subsequent 60-day CUP and 14-day ACUP permits in a fore-shortened period (after a 10-month rather than 12-month period). As regards the proposed limitation on the number of days out of the 60-day permit period that roof-mounted, cold-air balloons can be utilized, Staff's concern was that more restrictive constraints on the periods of use of the potentially visually obtrusive types of displays be utilized. The May 19, 1986, Staff Report recommended that use of the cold-air balloons be restricted to a maximum of 24 days in a 12-month period with no more than three consecutive days of use. This restriction was suggested largely in acknowledgement that the subject commercial operation is only one of hundreds of businesses in the City that could ask for this type of permit. ------------------------------------------------------------------------------ ITEM NO. r,L COPIES TO: Applicant/Owner File PA 86-040 The Applicant desires to have the option to utilize a roof-mounted, cold-air balloon up to the full 60-days of the permit. A review of the previous 12- month period (mid-May 1985 to mid-May 1986) revealed that a total of 23 Dublin businesses, through 26 different permits, utilized cold-air balloons or helium balloons for a cumulative period of 66 days. Of the total number of days that balloons were utilized, 19 days were one-day events, six events were from two to nine days, and one event was for 30 days (small helium blimp). Use of cold-air balloons is a relatively new type of promotional display, which use is expected to continue to increase in the near future, especially with the recent changes to the City's Sign Regulations which formalize the ACUP and CUP process for temporary promotional advertising displays. It is not anticipated that the number of businesses using balloons would even double from the previous year, but it would be difficult to speculate on the cumulative number of days or frequency that the balloons are used across the City. The Applicant has indicated that he would be receptive to a compromise approach that would allow him use of cold-air balloons for up to 30 days in the first five months of the subject permit period and to have the use of cold-air balloons in the final five months subject to a separate, subsequent review at the end of that period. This approach would allow Staff to monitor the cumulative number of dates, and the frequency, that cold-air balloons are utilized on a City-wide basis and apply more restrictive controls (i.e., limit the use for a period anywhere from 0-30 days) for the final five months of the permit. This approach is considered a reasonable compromise and is acceptable to Staff. This alternate approach is reflected in the modified language for Condition #3.D. found in Exhibit A of this Report. As regards the monitoring of dates that Temporary Promotional Advertising Displays are utilized, the issue boils down to whether pre-noticing (as requested by Staff) or end-of-the-month summary reports (as requested by the Applicant) should be utilized. Staff feels strongly that to minimize Staff time and effort devoted to administering these types of permits, the burden must be placed on the Applicant and must be in a pre-noticing format. Pre- noticing is necessary to allow staff forewarning of a promotional event to allow random checks on the actual use dates and the types of displays utilized. RECOMMENDATION: FORMAT: 1) Open public hearing and hear Staff presentation. 2) Take testimony from Applicant and the public. 3) Question Staff, Applicant and the public. 4) Close public hearing and deliberate. 5) Adopt Resolution regarding the Conditional Use Permit. ACTION: Staff recommends the Planning Commission Adopt Exhibit A approving Conditional Use Permit Application PA 86-040. -2- ATTACHMENTS: Exhibit A Draft - Resolution approving the Conditional Use Permit Application Background Attachments: 1 - Draft Date Monitoring Form 2 - Location Maps 3 - Site Plan 4 - May 19, 1986 Staff Report (without Attachments) -3- RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ------------------------------------------------------------------------------ APPROVING PA 86-040 OZZIE DAVIS - PONTIAC/TOYOTA CAR DEALERSHIP TEMPORARY PROMOTIONAL ADVERTISING DISPLAY CONDITIONAL USE PERMIT, 6450 DUBLIN COURT WHEREAS, Ozzie Davis, of Ozzie Davis Pontiac-Toyota, requests approval of a Conditional Use Permit application to allow use of temporary promotional advertising displays for cumulative periods of up to sixty days within a twelve-month period at 6450 Dublin Court, more specifically described as APN 941-1400-07; and WHEREAS, the recently adopted City of Dublin Sign Regulations require approval of a Conditional Use Permit to establish use of temporary promotional advertising displays when used for periods that cumulatively do not exceed a maximum of sixty days in a twelve-month period; and WHEREAS, the Planning Commission did hold public hearings on 3al~ application on May 19, 1986, and June 2, 1986; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, this application has been reviewed in accordance with the provlSlons of the California Environmental Quality Act and has been found to be categorically exempt; and WHEREAS, the Planning Commission finds that the Conditional Use Permit will not have a significant environmental impact; and WHEREAS, the Staff Reports dated May 19, 1986, and June 2, 1986, were submitted recommending that the Conditional Use Permit application be conditionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth; and WHEREAS, the proposed land use, if conditionally approved, will be appropriate for the subject property in terms of being compatible to existing land uses in the area and will not overburden public services; NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission finds; A. The use serves the public need by providing use of temporary promotional advertising displays in conjunction with special promotional events at an existing commercial facility. B. The use will be properly related to other land uses and transportation and service facilities in the vicinity. C. The use will not adversely affect the health or safety of persons residing or working in the vicinity, or be materially detrimental to the public welfare, or injurious to property or improvements in the area. D. The use will not be contrary to the specific intent, clause or performance standards established for the district in which it is to be located. E. The approval of the Conditional Use Permit will be consistent with the policies set forth within the Dublin General Plan. EXHIBIT f\ -l- BE IT FURTHER RESOLVED that the Planning Commission does hereby conditionally approve said Conditional Use Permit application as shown by materials on file with the Dublin Planning Department, subject to the following Conditions: 1. This approval is for the erection and use of temporary promotional advertising displays such as: use of roof-mounted cold-air balloons, ~se of pennants, banners, helium balloons, car signs and searchlights at the Ozzie Davis - Pontiac/Toyota Car Dealership, located at 6450 Dublin Court. 2. All temporary promotional advertising displays established in accordance with this permit shall be located, erected and maintained in a manner so as not to create a visual or physical hazard for either pedestrians or vehicles. 3. The temporary promotional advertising displays cited in Condition #1, or similar displays, may be used for a maximum cumulative period of 60 days within the 10-month ~ period running from June 13, 1986, to April 10, 1987, and shall be subject to the following restrictions on their respective periods of use. A. No temporary promotional advertising displays may be displayed for a period exceeding fourteen consecutive days. B. Searchlights are considered temporary promotional advertising displays and may be utilized for a maximum of twelve days, with no more than three consecutive days of use. C. Cable-anchored helium, or other gaseous balloons, are considered temporary promotional advertising displays and may be utilized for a maximum of twenty-four days, with no more than three consecutive days of use. D. Roof-mounted, cold-air balloons are considered temporary promotional advertising displays and may be utilized for a maximum of thirty days in the first five months of this permit (June 13, 1986, to November 12, 1986), with no more than three consecutive days of use. When used over weekend periods (i.e., use on a Friday, Saturday and/or Sunday), balloons can be used no more frequently than two consecutive weekends. Frequency of use of roof-mounted, cold-air balloons during the second five-month period of this permit shall be as established by the Zoning Administrator following his review of the frequency of use of such displays throughout the City during the initial five-month period. E. The regulations outlined in this Condition which control frequency of use of specific types of promotional displays shall apply jointly to the 60-day CUP approval and any ACUP approval granted to the Applicant for this site for additional temporary promotional advertising displays. 4. The Applicant shall provide written notice to the City of Dublin Planning Department a minimum of four calendar days prior to each promotional event where temporary promotional advertising displays are used. Said written notice shall indicate the dates of use of each respective type of temporary promotional advertising display to be utilized. Written notice shall be in the form supplied by the City, or an alternate form prepared by the Applicant which is determined acceptable to the City. A master summary of the dates of use of each respective type of temporary promotional advertising display shall be maintained at all times on the subject premises and shall be available at all times during business hours for review by City of Dublin Staff, -2- ~. ' ':--~!l'.:,:-:,.~~., .".;,,-.,,=,", . . 5. Prior to the first use of any temporary special promotional advertising display, the Applicant shall prepare and submit a site plan detailing the general location of temporary promotional advertising displays proposed for use under this permit. This site plan depiction of the location of the respective types of displays shall be subject to review and approval by the Planning Director. This plan may be modified or supplemented, if desired, by the Applicant by submittal of a revised plan for review and approval by the Planning Director.. 6. Approval for temporary use of tents in conjunction with special promotional events is not granted by this Permit, but must be secured 0Y a separate, subsequent Administrative Conditional Use Permit for each event where they are utilized. 7. At any time during the effectiveness of this approval, the approval shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. PASSED, APPROVED AND ADOPTED this 2nd day of June, 1986. AYES: NOTES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director -3- ,-'.','".;". -l-l H ::l o U ~ 'M r-i .D ::l ~ a L() o.j" \.0 C/) >< <( ....:l P- C/) H ~ o Z H C/) H E-< ~ ~ > ~ <( ....:l <( :z: a H E-< ~ ~ P- >< p:: <( ~ a ~ E-< p:: a ~ C/) ~ E-< <( ~ ~ a E-< VJ H ....:l " (J) >> <0 '"d I a \.0 '-' (J) >> <0 r-i 0.. (J) 'M ~ 00 ~ 'M (J) 'M -l-l ... Q) :> '"d . -< >> H <0 H o 0.. a Q) E-< (f) 0.. 'M ..c: (J) H Q) r-i <0 OJ ~ H <0 U <0 -l-l o >> o E-< "- -l-l U 'M <0 8 'M H -l-l Q) ~p.. o p.. Q) (J) ;::J (J)r-i 'M <0 :> ~ <0 0 ~ 'M -l-l Q) 'M 'M '"d N ~ N 0 au a o.j" a I \.0 co -< p.. i:LI p:: Q) -l-l (J) ~ ::l Q) :> H Q) o "-' Q) ..c: '"d -l-l Q) (J) 0 o -l-l 0.. o H H 0 0.. 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Q) Q) H H ;:l ::l -l-l -l-l <0 ~ @ 00 -l-l 'M OM ~ C/) C/) Q) "- :> Q) (J) ~ 8 <0 Z -l-l4-4 ~a <0 U 'M r-i 0.. 0.. -< 00 ~'"dU 'M Q) -l-l (f) N i:LI H 'M 'M Q)-l-lr-i ..c: H 'M -l-l Q) -l-l a:>;::J '"d Q)-< ..c: E-< (J) -l-l ~ <0 Q) ~ H ~ -< Q) p.. .--! <0 (J) ~ (J) Q)O>> -l-l 'M <C (J) <O-l-lr-iH ~00"Q) 8 (J) ~ o 'M ~ H ~ <C p.. e (J)'"d -l-l -l-l Q) co..r.::: N ..c: 00 'M E-< 'M r-i r-i 'M (J)..c: -l-l Q) u;::J -l-l H <0 <0 Q) ~ Q) l-< C/)-< Q) -l-l <0 '"d I o -l-l I 0.. ::l H 'M (f) -< ~ I 0 '"d 0 .--! r-i o r-i '"d U<OQ) ~ (J) -l-l ;::J <0 8 ..c: ::l Q) E-< 'M H .--!-< (J) Q) Q):I: -l-l <0 H ~a 4-4 o -l-l ~ Q) Q) -l-l :> <Oi:LI ~ >> <0=1;0 ~ '"d Q) -l-l ~ 'M H e:: " "- .-< "- N "- (') "- "- "- o.j" L() \.0 DRAFT "- "- "- "- "- "- "- "- "- I r-- co '" a .-< .-< .-< (') .-< o.j" .-< L() .-< N .-< ATTACHMENT 1 .....; ".(: .- I ( ( , c C , C -, , ~. ~"- :;[ ( Cl ( 0: ... ~ t- ... 0 l- !!! u <( -:. a: 0 I- ,.., C - Q) '" ... 0 > I- 0 , (.) ... , <( ( 0:: :::i , I- 0.: ( g ci ( Cl c <( <( < ~ " ~ < ( ~ ( q) 10 < o ~ '>.:"{;, >: t,- . ~'. :~~;~~~lJ~t 8 .. ~ " 2 / ~ y. ?t::-~( ,........ ':;':ll::.;fl'--"J. :" " -" Cl 01" f>.r_" ",..,..,." t ""' ..:":..-r\..-Ui-ivu. """,,,, ' ';~-T .~,~./f'WIIOE. ~ "~!%7~i:..I6fHrpOLEhM .~\?,;nf_~~>:~~~~fP>-('l ~ H,B.'c~fWT f1~," ! 1 i ATTACH EriT 3 '. I. CITY OF DUBLIN PLANNING COMMISSION Meeting Date: May 19, 1986 Agenda Statement/Staff Report SUBJECT: Planning Commission . Planning Staff ~ PA 86-040 Ozzie Davis - Pontiac/Toyota Car Dealerships Temporary Promotional Advertising Displays (60-days) Conditional Use Permit. TO: FROM: GENERAL INFORMATION: PROJECT: PA 86-040 Ozzie Davis - Pontiac/Toyota Car Dealerships Conditional Use Permit for use of temporary promotional advertising displays for a maximum cumulative period of sixty days within a twelve-month period. APPLICANT AND OWNER: Ozzie Davis Ozzie Davis 6450 Dublin Dublin, CA - Pontiac/Toyota Court 94568 LOCATION: 6450 Dublin Court Dublin, CA 94568 ASSESSOR PARCEL NUMBER: 941-1400-7 GENERAL PLAN DESIGNATION: Commercial/Industrial - Retail/Office and Automotive EXISTING ZONING AND LAND USE: Pontiac/Toyota Car Dealerships C-2, General Commercial SURROUNDING ZONING AND LAND USE: North - C-2, General Commercial - Mixed Office and Retail Uses - C-2, General Commercial - Vacant - Unzoned - 1-580 Right-of-Way _ M-l, Light Industrial - Sports Ground Site and Zone 7 Flood Control Channel East South West ZONING HISTORY: The existing car dealerships were established following the 1980 approval by the Alameda County Zoning Administrator of S-767 and C-3756, which respectively provided approval of the Site Development Review and Conditional Use Permit for the car dealerships project. ------------------------------------------------------------------------------ ITEM NO. .~ ATTACH un '{ APPLICABLE REGULATIONS: Section 8-60.60 (Temporary Uses. Administrative Conditional Uses) provides that in any district, minor temporary uses of a duration of sixty days or less which have negligible or no permanent effects on the environment shall be permited only if an Administrative Conditional Use Permit is approved. Newly adopted Section 8-87.66 (Signs Requiring Conditional Use Permits) provides in part an adjustment to the administration of Section 8-60.60 by requiring the application of a ConditiohalUse Permit for use of banners, pennants, flags, balloons, searchlights and similar advertising devices when used for special promotional events for periods that cumulatively do not exceed a maximum of sixty days annually (any twelve-month period) and, on an individual promotional event basis, do not exceed fourteen consecutive days of display. Section 8-94.0 states that conditional uses must be analyzed to determine: 1) whether or not the use is required by the public need; 2) whether or not the use will be properly related to other land uses, transportation and service facilities in the vicinity; 3) whether or not the use will materially affect the health or safety of persons residing or working in the vicinity; and 4) whether or not the use will be contrary to the specific intent clauses or performance standards established for the district in which it is located. Section 8-94.4 states that the approval of a Conditional Use Permit may be valid only for a specified term, and may be made contingent upon the acceptance and observation of specified conditions, including but not limited to the following matters: a) Limitations on time of day for the conduct of specified activities. b) Time period within which the approval shall be exercised and the proposed use brought into existence, failing which, the approval shall lapse and be void. c) Compliance with requirements of other departments of the City/County Government. ENVIRONMENTAL REVIEW: Categorically Exempt NOTIFICATION: Public Notice of the May 19, 1986, hearing was published in The Herald, mailed to adjacent property owners, and posted in public buildings. ANALYSIS: The City's recently amended Sign Regulations, which become effective on June 11, 1986, serve in part to formalize the Conditional Use Permit(CUP) and Administrative Conditional Use Permit (ACUP) processes utilized to consider requests for use of temporary promotional advertising displays. While the current zoning regulations would allow a sixty-day temporary use to be processed under an ACUP (see Applicable Regulations Section above), wind signs such as flags, banners, and pennants which move by wind pressure would not be permitted. The newly adopted Sign Regulations adjust the administration of those provisions of the Ordinance as it relates to advertising display by requiring CUPs to be processed for temporary promotional advertising displays proposed for use of between fifteen and sixty cumulative days within a twelve-month period. The newly adopted Sign Regulations formalize_an ACUP process for consideration of requests for the use of fouriee~ days (cumulative total) of temporary promotional advertising displays in a twelve-month period. That approval can be secured in addition to an approval for the use of sixty days (cumulative total) of temporary promotional advertising display under the CUP process. -2- The Applicant processed an ACUP for use of temporary promotional advertising displays for the three-day period running from April II to April l4 under PA 86-029 (approved the use of a roof-mounted, cold-air balloon). A subsequent permit (PA 86-039) was also secured for use of temporary promotional advertising displays for three three-day events during the period from May 3 to June 1 (which allowed unrestricted use of a roof-mounted, cold- air balloon). Staff suggests that'the twelve-month approval period utilized for this sixty- day CUP permit request be tied to the time frame initiated by the approval of the first of the recent ACUP requests (i.e., making the twelve-month time frame of the CUP run from April 11, 1986, to April 10, 1987). This will facilitate the administration of the ACUPs and the CUPs that may subsequently be filed over the subject property by coordinating the starting/ending dates for both types of permits. Assuming an April 11, 1986, starting date for the twelve-month period of possible promotional dates under ACUP permits, a total of six ACUP dates remain available for the referenced twelve-month time frame (after the dates authorized under the two recent ACUP permits are utilized). The formalization of the sixty-day CUP process was provided in part to simplify the permit process and to maximize the business owner's flexibility on scheduling his or her promotional events. There are two unresolved issues that Staff feels must be settled with this Permit, which is the first of its type to be processed by the City. The first issue is a determination of the maximum number of dates that the signs which are considered to be potentially more obtrusive can be utilized over a twelve-month period (i.e., displays using searchlights, roof-mounted cold-air balloons, etc.). The second issue involves the need to establish a means to monitor the cumulative dates that different types of advertising displays are used over the course of a twelve-month period. In regards to the first concern, Staff suggests that the following standards be considered by the Planning Commission: Use of Searchlights - Restrict use to a maximum of twelve days in a twelve-month period, with no more than three consecutive days of use to be allowed. Use of Roof-Mounted, or Ground-Mounted, Cold-Air Balloons or Use of Flown Helium of Gaseous Balloons - Restrict use to a maximum of twenty- four days in a twelve-month period, with no more than three consecutive days of use to be allowed. This standard takes into account that there are 200+ retail stores in Dublin, each of which could ask for a permit to use searchlights and balloons. In regards to the second area of concern, monitoring of dates of display use, the Applicant has previously requested (in conjunction with PA 86-039) that monitoring be done on an end-of-the-month basis. While this may make the process more streamlined from.the Applicant's point of view, it is felt by Staff that some manner of pre-notification must be built into the date- monitoring system. Staff recommends that a standardized notification form be developed and utilized (see Background Attachment #1) and that the Applicant be required to provide Staff a minimum four-day pre-notification of promotional events, indicating the types of displays to be utilized, and the length of their respective use. As a side issue, it should be noted that the Applicant has requested that this permit approval include authorization for use of tents as one type of allowed temporary promotional 'advertising display. St~ff considers tents to be in a separate category from the remaining types of temporary promotional advertis- ing displays. The difference seen by Staff is that tents may, dependent on their size and location, alter the on-site cl~culation pattern and/or parking layou't, and thereby would seem to need a separate, more detailed review by Staff. Therefore, Staff recommends that this CUP approval not include authorization of the use of tents. Staff recommends that proposals to temporarily use tents, with or without other temporary promotional advertising displays, be subject to a separate ACUP or CUP application. -3- RECOMMENDATION: FORMAT: 1) Open public hearing and hear Staff presentation. 2) Take testimony from Applicant and the public. 3) Question Staff, Applicant and the public. 4) Close public hearing and deliberate. 5) Adopt Resolution regarding the Conditional Use Permit. ACTION: Staff recommends the Planning Commission Adopt Exhibit A approving Conditional Use Permit Application PA 86-040. ATTACHMENTS: Exhibit A - Resolution approving the Conditional Use Permit Application Background Attachments: 1 - Draft Date Monitoring Form 2 - Location Maps 3 - Site Plan -4-