HomeMy WebLinkAbout86-040 Ozzie Davis-Pontiac/Toyota 05-19-1986
Fe ,if':"" .
---.J" ~ ,,-
v1II y N iff' C
u:}e~~ ~.~ f?J!--.j ?P~~~
tI- Fe,. - 0 '-f (/ >~~~ /~ ~~~ C7
(1~ 7YZ4t-;! /;!:- (jJ ~ ~
~--cs
cX~ ~ c9~
Y1
?,ECEIVED
MAY. il: Q 19Bo,
...........-
~UB\.IN PlAMNING
TO:
FROM:
SUBJECT:
GENERAL INFORMATION:
~
CITY OF DUBLIN
PLANNING COMMISSION
Meeting Date: May 19, 1986
Agenda Statement/Staff Report
Planning Commission
Planning Staff ~
PA 86-040 Ozzie Davis - Pontiac/Toyota Car
Dealerships Temporary Promotional Advertising
Displays (60-days) Conditional Use Permit.
PROJECT:
APPLICANT AND OWNER:
LOCATION:
ASSESSOR PARCEL NUMBER:
GENERAL PLAN
DESIGNATION:
EXISTING ZONING AND
LAND USE:
SURROUNDING ZONING AND
LAND USE:
ZONING HISTORY:
ITEM NO. ~
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.
Ozzie Davis
Ozzie Davis
6450 Dublin
Dublin, CA
- Pontiac/Toyota
Court
94568
6450 Dublin Court
Dublin, CA 94568
941-1400-7
Commercial/Industrial - Retail/Office and
Automotive
Pontiac/Toyota Car Dealerships
C-2, General Commercial
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
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.
COPIES TO: Applicant/Owner
File PA 86-040
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 Conditional Use 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 fourteen 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 11 to April 14 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. Staff 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 circulation pattern and/or parking
layout, 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-
RESOLUTION NO.
A RESOLUTION OF TIlE PLANNING COMMISSION
OF TIlE 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 a public hearing on said
application on May 19, 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 Report dated May 19, 1986, was 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, TIlEREFORE, BE IT RESOLVED THAT TIlE 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.
BE IT FURTIlER 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-
rv.. H...'....'.;I)... ~..'T..'
~ fr".... iHt.
, ., ~ '! "
.. "o.~ Ai:--j; "i:.{ll$> J,j:_~ it
A
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,
use of pennants, banners, helium balloons, car signs and searchlights at
the Ozzie Davis - Pontiac/Toyota Car Dealerships, 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
above may be used for a maximum cumulative period of 60 days within the
12-month period running from April 11, 1986, to April 10, 1987, and
subject to the following restrictions on the period of use of specific
types of advertising displays:
A. No temporary promotional advertising displays may be displayed for
a period exceeding fourteen consecutive days.
B. Searchlights are considered a temporary promotional advertising
display and may be utilized for a maximum of twelve days, with no
more than three consecutive days of use.
C. The roof-mounted, cold-air balloon is considered a temporary
promotional advertising display and may be utilized for a maximum
of twenty-four days, with no more than three consecutive days of
use.
4. The Applicant shall provide written notice to the City of Dublin
Planning Department a minimum of four calendar days prior to each
special respective 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. A sample form is attached to these
Conditions for use by the Applicant. 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 premises and shall be available
for review by City of Dublin Staff.
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. The plan may be modified by the
Applicant by his 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 by
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.
-2-
PASSED, APPROVED AND ADOPTED this 19th day of May, 1986.
AYES:
NOTES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Director
-3-
Q) +J
rJJ I':
::l Q)
>
... Q)
0
I+-< Q)
..<::
'"d +J
Q)
rJJ 0
0 +J
P.
0 ...
+J ... 0
... P. 'M
::l ...
0 >, p.
U cO
rl rJJ
I': P. >,
'M rJJ cO
rl 'M '"d
.0 '"d
::l ...
~ I+-< cO
0 '"d
a I':
lJ") Q) Q)
-<t P. rl
\0 >, cO
+J U
/""'0
rJJ ..<:: ...
>, U ::ll+-<
cO cO 01+-<
CI) '"d Q) I+-< cO
>< I +J
< a ... I+-< CI)
P: \0 0 0
'--' I+-< I':
CI) 13 'M
H rJJ Q) ::lrl
~ >, rJJ 13.0
cO ::l 'M ::l
C.!l rl I':~
Z P. I+-< ',"
H rJJ 0 131+-<
CI) 'M 0
H ~ Q) cO
Eo-< +J >,
~ 0lJ cO +J+J
I': '"d I': 'M
'M Q)U
~ rJJ Q) 13
< 'M ..<:: +J >,
+J +J ....0
~ ... cO
Q) I': p.~
Z > 'M Q) Q)
0 '"d . ~ 'M
H < rl >
Eo-< rl 0lJQ)
0 >, 'M I': ...
~ ... I+-< 'M
cO I': ...
~ ... ~ 0
0 '"d cO I+-<
P. Q) rl
>< 13 N p... Q)
~ Q) 'M rl
;;2 Eo-< rl 1':.0
'M 'M cO
~ I +J rl rl
::l .0 'M
rJJ ::l cO
P. Q) ~ >
'M ... cO
..<:: cO I+-<
~ rJJ O'"d
~ ... rJJ ~
Q) >, >'cO
rl cO +J
CI) cO rl 'M Q)
~ Q) P. U+J
~ rJJ 'M
'M Q) rJJ
... '"d ..<::
cO +J I':
~ U 0lJ 0
I': 0
cO 'M +J +J
Eo-< +J rJJ rJJ
CI) 0 'M +J ',"
H >, +J rJJrl
....:l 0 ... +J 'M
Eo-< Q) rJJrl Q)
---. +J > 'M +J
U 'M '"d rl Q) cO
cO 13 cO +J'"d
'M ... Q) cO I
+J Q) >,..<:: '"d 0
~p... ... +J I +J
0 cO 0 I
p... Q) ... ~ +J P.
rJJ 0 0lJ1 ::l
I :::> P. 'M P.
13 rJJ ::l Q)
rJJrl Q) ..<::
'M cO Eo-< +J'"d Q) +J
> ~ Z ~..<::
cO 0 < +J cO+J1+-<
~ 'M U cO 0
+J H ..<:: ftl+-<
Q) 'M ....:l +J Q) 0 >,
'M '"d p... 13 P.
N ~ p... Q) cO >, 0
N 0 < +J ~ P. U
au cO 0
a '"d ... U cO
a Eo-< ::l
-<t ..<:: 0 cO ~
a CI) U >, 'M
I Z cO +J cO
\0 a Q) +J 'M +J
CI) H ~ 13 ~
Eo-< ... 'M.o 'M
< U 0 ... ::l cO
p... :::> "'"' P. CI) ::<::
~
Eo-<
CI)
I'Ll Z /""'0 /""'0/""'0
~ H ...... NC'"l
DRAFT
,--.
Q)
Q) ...
... ::l
::l +J
+J cO
cO ~
fo +J ,~
'M ~CI)
CI) Q) ---.
> Q)
rJJl'Ll 13 ---. ---. ---. ---. ---. ---. ---. ---. ---. ---. ---. ---. ---. ---. ---.
- cO
+JI+-<Z
~o
cO '"d
U Q)
'M +J
rl ~
P. 'M
P. ...
< e:
/""'0
0lJ .
~'"d U
'M Q) +J
rJJ NI'Ll
... 'M'M
Q) +Jrl .
..<:: ... 'M rJJ
+J Q) +J +J
0 >:::> ~
'"d cO
Q)< Q) ~
..<:: ... ~
Eo-<rl< Q)
cO p...
rJJ ~ rJJ
Q) 0 >, ft
+J 'M cO rJJ
cO +Jrl ...
~ 0 P'Q)
13 rJJ ~
o 'M ~
...~ cO
p... e
rJJ'"d
+J+J Q)
cO"<:: N
..<:: OlJ'M
E-< 'M rl
rl 'M
rJJ ..<:: +J
Q) U:::>
+J ...
cO cO Q)
~ Q) ...
CI)<
...
'M rJJ -
< ~
1 0
'"d 0
rl rl
Orl'"d
U cO Q)
~ rJJ
+J :::>
cO 13
..<:: ::l Q)
E-< 'M ...
rl<
rJJ Q)
Q)::r:
+J
cO ...
~a
I+-<
0 +J
~
Q) Q)
+J >
cO I'Ll
~
>,
cO"'*' ...... N C'"l -<t lJ") \0 " CI) 0- a ...... N C'"l -<t lJ")
~ ...... ...... ...... ...... ...... ......
ATTACHMENT 1
" ,<
,
/
,...,,-. .. -, " r
0 <
<
..~'.."<: .' , 10 l
Ol C
V
,
I- L
~ C
,
0::
I-
:2 (
Ol ,
0: .,. ,
po..
as .,.
~ w . 0 I-
~ . ,. ~ <Xl CJ
;;; <t
0::
0 l-
f') (
(J> <Xl
'<t' e >
l- e <
0 '<t' ,
<t (
0:: ::E (
I- 0.: i
g c:i L
Cl c
<t -< <
10 '<t' "
<Xl ~ ~
C>
] i5 (
% (
", I-; r
VJ c
.J
'I;) <
o
~
o
,g
~
ATTACH ENT ~
~
~
~
o
/
~ ~ ~~,<"j.......\.oo ;:';I~.
"
:-l
. ~ \
. '.-' ~ fl' 0..,;1> "^,,",, I . '
-.:-.'.;_.~ :,_;;::' ~lw1~ N'-" Iv -, . .
't:c.;:i7:':~--':"'f'fA'loe; ~ .f;~ .(i.... U~rP~ 'M
5.'7Jy:,j4,\,t<:~W"("E?1' I:...... H ~. C.~fl.oT' ~ ;,.,
~tt~.%i'Ct,,". ' .
7";;~:l~'r f
;~li1SYj? .
"'..--'
"
ATTACHMENT 3