HomeMy WebLinkAbout88-017 Howard Johnson Hotel-CUP/VAR
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TO:
FROM:
SUBJECT:
GENERAL INFORMATION:
CITY OF DUlOi..IN
PLANNING GOHHISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: March 21, 1988
Planning Commission
ta~f M.'01ff tr
A 88-017 Howard Johnson Hotel - Si~,
Conditional Use Permit and Variance,
6680 Regional Street
PROJECT:
APPLICANT/REPRESENTATIVE:
PROPERTY OWNER:
LOCATION:
ASSESSOR PARCEL NUMBER:
PARCEL SIZE:
GENERAL PLAN
DESIGNATION:
EXISTING ZONING
AND LAND USE:
SURROUNDING LAND USE
AND ZONING:
ZONING HISTORY:
A Conditional Use Permit request to construct a
26-foot tall Freestanding Sign set back from the
rear property line, and a Variance request to
exceed the height, size, and setback
restrictions for Freestanding Signs.
Johnson Clark
6 Blackthorn Road
Lafayette, CA 94549
Motor Lodge Associates
6680 Regional Street
Dublin, CA 94568
6680 Regional Street
941-1500-47-3
5.61 acres
Office/Retail
C-l Retail Business District
Hotel/Restaurant/Parking
North:
South:
East:
West:
C-l - Bowling Alley
Flood Control & Highway 1-580
C-l - Restaurant - and M-l
Flood Control & Highway 1-580
5-421 and C-24l8 - The Alameda County Planning Director approved a Site
Development Plan and Conditional Use Permit for a 93-unit motel and restaurant
(Howard Johnson Motor Lodge) and five signs - March 15, 1972.
S-595X and C-3206 - In April, 1977, approval was granted to add 48 units to
the Motor Lodge.
ITEM NO.
B.3
COPIES TO: Applicant
Owner
File PA 88-017
o-177X and C-3787 - In May, 1980, an addit~.}nal 22 units were approved for the
Motor Lodge.
S-600 - A Site Development Plan for the Willow Tree Restaurant was approved by
the Alameda County Planning Director on June 23, 1977.
PA 83-002 - On March 28, 1983, the Dublin City Council approved a request to
rezone the subject property from Light Industrial (M-l) and Highway Frontage
(H-l) to Retail Business (C-l).
PA 83-011 - A Site Development Review approval was granted on May 16, 1983, to
allow a 550 square foot addition and remodeling to take place at the main
lobby area of the motel.
PA 84-026 - On June 18, 1984, the Planning Commission approved a Conditional
Use Permit and Site Development Review for a 77-unit addition to the existing
motel.
PA 86-081 - On September 15, 1986, the Planning Commission approved a
Conditional Use Permit for a 28-foot tall Freestanding Sign on the rear
portion of the site. On October 14, 1986, the Zoning Administrator denied
without prejudice a Variance request to consider the existing Freestanding
Sign as a Directional Sign. On November 3, 1986, the Planning Commission
upheld the Zoning Administrator's decision denying the Variance request. On
November 24, 1986, the City Council continued the Applicant's appeal. On
January 22, 1987, the Applicant withdrew the appeal.
PA 87-014 - On March 2, 1987, the Planning Commission approved a Variance
request (1) to allow a Freestanding Sign which is not located within the
middle one-third of the lot, (2) to allow the sign to exceed the maximum
permitted sign area based on setback, and (3) to allow the sign to exceed
maximum permitted height based upon setback and a Conditional Use Permit for a
second Freestanding Sign located at the entrance of the Howard Johnson Hotel
siee.
PA 87-093 - On July 6, 1987 and July 20, 1987, the Planning Commission
considered a Conditional Use Permit application to construct a 26-foot-tall
Freestanding Sign setback 20 feet from the rear property line (instead of
constructing the sign approved under PA 86-081). On July 10, 1987, the
Applicant withdrew the application.
APPLICABLE REGULATIONS:
Section 8-48.7 (Side and Rearyards C-l District) of the City's Zoning
Ordinance requires a 10-foot minimum side and rearyard setback for building
sites used for Motel, Hotel, or Boarding House uses.
Section 8-87.34(b)(1)(A) (Freestanding Signs - Location) states "No
Freestanding Sign shall be permitted within the required front, side, or
rearyard setback area."
Section 8-87.34(b)(1)(D) states Freestanding Signs shall not be located closer
than 50 feet from an Interstate freeway right-of-way.
Section 8-87.34(b)(2) and (3) regulate maximum sign height and sign area
permitted based on setback from a street frontage.
Section 8-87.60(d) provides an exception to the 20-foot maximum sign height
requirement whereby parcels four acres or greater may utilize a sign up to 35
feet subject to approval of a Conditional Use Permit.
Section 8-87.60(g) establishes provisions to permit two Freestanding Signs on
a parcel of four acres or greater in size, adjacent to 1-580 or 1-680, subject
to approval of a Conditional Use Permit. This section of the ordinance also
establishes the property line adjacent to 1-580 and 1-680 as a street frontage
for the purpose of Freestanding Signs.
Section 8-87.67 establishes the findings and procedures for granting a Sign
Variance.
-2-
S ._cion 8-94.0 states that conditional use~ ..ust be analyzed to determine: l)
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
peformance standards established for the district in which it is located.
Section 8-94.4 states the approval of a Conditional Use Permit may be valid
only for a specified term, and may be made~ontingent upon the acceptance and
observance of specified conditions, including but not limited to the following
matters:
a) substantial conformity to approved plans and drawings;
b) limitations on time of day for the conduct of specified activities;
c) 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;
d) guarantees as to compliance with the terms of the approval, including the
posting of bond;
e) compliance with requirements of other departments of the City/County
Government.
ENVIRONMENTAL REVIEW:
Categorically Exempt, Class 11 (a)
NOTIFICATION: Public Notice of the March 2l, 1988, hearing was published
in The Herald, mailed to adjacent property owners, and posted in public
buildings.
ANALYSIS:
The Applicant is requesting approval of a Conditional Use Permit and
Variance to permit a 26-foot tall second Freestanding Sign setback 9 feet from
the rear property line (the Applicant proposes to locate the sign within the
required 10-foot rearyard setback). The Applicant proposes a double-faced
sign totaling 156 square feet in sign area (78 square feet per face).
In September, 1986, the Planning Commission approved a similar sign for
the site (PA 86-08l) which was never completely constructed (see Attachment
3). On April 29, 1987, a building permit was issued for the 20-foot sign
pole; however. the sign face was never erected. The applicant submitted a
revised sign face plan which was approved on May 19, 1987. Again, the sign
was not erected and the Applicant subsequently revised the proposed sign and a
new building permit was issued on September l, 1987. The original Conditional
Use Permit approval was for a 28-foot tall double-faced free-standing sign
totaling 144 square feet of sign area. A new Conditional Use permit is
required as the Applicant's current proposal exceeds the sign area previously
approved by a total of l2 square feet. A Variance is required in that the
current sign proposal does not comply with the City's Ordinance relating to
maximum sign height and sign area and setback requirements. The Applicant's
proposed sign area is 95% larger than that which is permitted by the Sign
Ordinance based on the proposed location. The proposed sign height is 73%
taller than the height permitted by the Ordinance at the proposed location.
When the Planning Commission approved the sign height, sign area, and
sign location for PA 86-08l, the property had one street frontage (Regional
Street) for the purposes of determining the location of the Freestanding Sign.
In January, 1987, as a result of the Applicant's appeal of the Zoning
Administrator1s and Planning Commission's actions denying a Variance request
to allow two Freestanding Signs on the parcel, the City Council amended the
City's Sign Ordinance. The Amendment changed the Ordinance to permit two
Freestanding Signs on parcels four acres or greater situated adjacent to 1-580
or 1-680 subject to approval of a Conditional Use Permit. This amendment also
changed the Ordinance by identifying the property line adjacent to the
Interstate as a street frontage for purposes of determining the location,
height, area, and proportion of a sign.
-3-
Due to this amendment, which establi~_ ,J the rear property line adjacent
to 1-580 as a street frontage, the sign as approved by the Planning Commission
in September, 1986, would be considered ~_nonconforming sign, subject to the
amortization process outlined for nonconforming signs in Section 8-87.71 of
the City's Zoning Ordinance.
Based upon the City's current Ordinance, the Applicant would be
permitted a 15-foot-tall Freestanding Sign with a total of 80 square feet of
sign area for a double-faced sign (40 square feet per face) setback 10 feet
from the property line. A 26-foot setback~s required for the Applicant to
erect the proposed 156 square foot double-faced Freestanding Sign. The sign
height would be restricted to a 23-foot height.
A 32-foot setback is required for the 26-foot-tall'Freestanding Sign
proposed by the Applicant. This would allow a 190-square foot double-faced
Freestanding Sign. In order for the Applicant to construct the sign with the
proposed 26-foot height, 156 square foot sign area, and 9-foot setback, a
Variance is required.
The following four findings of fact must be made by the Commission prior
to granting a sign Variance:
1) The Variance authorized does not constitute a grant of special
privilege inconsistent with the limitations on other properties in
the vicinity;
2) Special conditions and extraordinary circumstances apply to the
property and do not apply to other properties in the vicinity, so
that the strict application of this Chapter deprives the property of
rights enjoyed by other properties;
3) The Variance authorized meets the intent and purpose sought to be
achieved by the regulations in this Chapter; and
4) The Variance authorized does not adversely affect the orderly
development of property and the preservation of property values in
the vicinity.
Staff's response to these findings is as follows:
1) Authorization of this Variance will constitute a grant of special
privilege inconsistent with the limitations on other properties in
the vicinity in that all properties must comply with the City's
Zoning Ordinance regulating the size, height, and location of signs
within the City unless all four mandatory findings of fact are made
affirmative. Granting a Variance for the Applicant's proposed sign,
which is 95% larger in sign area and 73% taller than that permitted
at the proposed location, constitutes a grant of special privilege
as all the findings cannot be made.
2) No special conditions and extraordinary circumstances apply to the
property that do not apply to other properties in the vicinity, so
that the strict application of this Chapter does not deprive the
property of rights enjoyed by other properties, as the property is
similar in location and topography to other properties in the
vicinity. The property is a relatively large, flat parcel situated
adjacent to 1-580, a situation which allows the Applicant to apply
for a Conditional Use Permit for two Freestanding Signs on one
parcel, a privilege which applies to a limited number of parcels in
the City.
3) Authorizing the Variance does not meet the intent and purpose sought
to be achieved by the City's sign regulations, as the Applicant's
sign does not conform to the Ordinance's purpose to promote
uniformity among signs. The City's Sign Ordinance recognizes that
the community's attractiveness is an important aspect of the
public's general welfare, and establishes reasonable control of
signs to protect the public welfare, safety, and health. In
recognition of the need for controls on signs as a means of
promoting uniformity and attractiveness within the City, and the
need for businesses to identify themselves and the services offered.
-4-
the Ordinance allows (subject to .proval of a Conditional Use
Permit) large parcels to have signs taller than 20 feet and allows
large parcels situated adjacent to the Interstate freeway to have
two Freestanding Signs provided-in each case, that the signs conform
to the height, setback, and sign area restrictions established in
the City's Zoning Ordinance.
4) Authorizing the Variance will adversely affect the orderly
development and the preservation of property values in the vicinity,
in that one of the purposes of the Ordinance is to promote
reasonable uniformity among signs. Approving this Variance request
with a large deviation from the Ordinance would not promote orderly
development or uniformity among signs, particularly when there is no
basis of fact for granting the Variance.
Staff recommends that the Planning Commission deny the Variance request,
as the findings of fact cannot be made to warrant granting the Variance
request. Several options are available with regard to locating a Freestanding
Sign within the rear portion of the site:
1) The Applicant can withdraw the application and construct a
Freestanding Sign with a maximum height of 15 feet, a maximum total
sign area of 80 square feet, with a minimum setback of 10 feet from
the rear property line, located in the general location approved
under PA 86-081. A Variance or Conditional Use Permit approval
would not be required.
2) The Applicant can revise the proposal for Conditional Use Permit to
request a 23-foot tall double-faced Freestanding Sign with a 160
square foot maximum sign setback 26 feet from the rear property line
frontage. A Variance would not be required.
3) The Applicant can withdraw the application and construct the sign
previously approved under PA 86-081, maintaining a minimum 10-foot
rearyard setback. Once the sign is constructed, it will become
non-conforming and would be subject to the provisions of Section
8.87-71 of the Zoning Ordinance outlining the amortization process
of Non-Conforming Signs.
4) If the Commission wishes to allow the Applicant to erect a 26-foot
tall, 156 square foot double-faced Freestanding Sign setback 10 feet
from the rear property line, a Zoning Ordinance amendment to the
section regulating second Freestanding Signs should be adopted. The
Planning Commission may initiate an amendment by Resolution, or the
Planning Commission may request that the City Council initiate an
amendment.
RECOMMENDATION:
FORMAT:
1)
2)
3)
4)
5)
Open public hearing and hear Staff presentation.
Take testimony from Applicant and the public.
Question Staff, Applicant and the public.
Close public hearing and deliberate.
Adopt Resolutions relating to PA 88-017, or give Staff and
Applicant direction and continue the matter.
ACTION:
Adopt Resolutions denying PA 88-017 Howard Johnson Freestanding
Sign Conditional Use Permit and Variance.
ATTACHMENTS:
Exhibit A:
Exhibit B:
Resolution of Denial for Variance
Resolution of Denial for Conditional Use Permit
Background Attachments
1. Applicant's Submittal, Plans
2. Location Map
3. PA 86-08l Plan Approval
-5-
RESOLUTION NO. 88-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
------------------------------------------------------------------------------
DENYING PA 88-017 HOWARD JOHNSON VARIANCE REQUEST TO ALLOW A 26-FOOT TALL
FREESTANDING SIGN WHICH EXCEEDS THE MAXIMUM SIGN AREA, HEIGHT, AND SETBACK
RESTRICTIONS ESTABLISHED FOR FREESTANDING SIGNS, 6680 REGIONAL STREET
WHEREAS, Johnson Clark has filed an Application on behalf of
Howard Johnson Hotel for a Variance from Section 8-87.34(b)(2) and (3) of the
City's Zoning Ordinance to permit a 26-foot-tall double-faced sign with a total
l56 square foot of sign area and setback 9 feet from the rear property line at
the Howard Johnson Hotel site at 6680 Regional Street; and
WHEREAS, the application has been reviewed in accordance with
the provisions of the California Environmental Quality Act and has been found
to be categorically exempt; and
WHEREAS, the Planning Commission held a public hearing on said
application on March 21, 1988; and
WHEREAS, proper notice of said public hearing was given in all
respects as required by law; and
WHEREAS, a Staff Report was submitted recommending denial of the
Variance request to exceed the maximum permitted sign area, height, and setback
for Freestanding Signs on the site at 6680 Regional Street; and
WHEREAS, the Planning Commission heard and considered all said
reports, recommendations, and testimony as hereinabove set forth;
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission
does hereby find that:
1) Authorization of this Variance will constitute a grant of
special privilege inconsistent with the limitations on other properties in the
vicinity in that all properties must comply with the City's Zoning Ordinance
regulating the size, height, and location of signs within the City unless all
four mandatory findings of fact are made affirmative. Granting a Variance for
the Applicant's proposed sign, which is 95% larger in sign area and 73% taller
in height than that permitted at the proposed location, constitutes a grant of
special privilege as all the findings cannot be made.
2) No special conditions and extraordinary circumstances apply to
the property that do not apply to other properties in the vicinity, so that
the strict application of this Chapter does not deprive the property of rights
enjoyed by other properties, as the property is similar in location and
topography to other properties in the vicinity. The property is a relatively
large, flat parcel situated adjacent to 1-580, a situation which allows the
Applicant to apply for a Conditional Use Permit for two Freestanding Signs on
one parcel, a privilege which applies to a limited number of parcels in the
City.
3) Authorizing the Variance does not meet the intent and purpose
sought to be achieved by the City's sign regulations, as the Applicant's sign
does not conform to the Ordinance's purpose to promote uniformity among signs.
The City's Sign Ordinance recognizes that the community's attractiveness is an
important aspect of the public's general welfare, and establishes reasonable
control of signs to protect the public welfare, safety, and health. In
recognition of the need for controls on signs as a means of promoting
uniformity and attractiveness within the City, and the need for businesses to
identify themselves and the services offered, the Ordinance allows (subject to
approval of a Conditional Use Permit) large parcels to have signs taller than
20 feet and allows large parcels situated adjacent to the Interstate freeway
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to have two Freestanding Signs provided in each case that the signs conform to
the height, setback, and sign area restrictions established in the City's
Zoning Ordinance.
4) Authorizing the Variance will adversely affect the orderly
development and the preservation of property values in the vicinity, in that
one of the purposes of the Ordinance is to promote reasonable uniformity among
signs. Approving this Variance request with a large deviation from the
Ordinance would not promote orderly development or uniformity among signs,
particularly when there is no basis of fac~ for granting the Variance.
BE IT FURTHER RESOLVED that the Planning Commission does hereby
deny PA 88-017 Howard Johnson Hotel Freestanding Sign Variance request to
exceed the maximum permitted sign area, sign height, and setback requirement
for Freestanding Signs.
PASSED, APPROVED AND ADOPTED this 2lst day of March, 1988.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Director
-2-
RESOLUTION NO. 88-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
------------------------------------------------------------._----------------
DENYING PA 88-017 HOWARD JOHNSON CONDITIONAL USE PERMIT REQUEST FOR A 26-FOOT
TALL FREESTANDING SIGN LOCATED APPROXIMATELY 9 FEET FROM THE REAR PROPERTY LINE
AT 6680 REGIONAL STREET
WHEREAS, Johnson Clark, representing Howard Johnson Motor Lodge,
filed an application for a Conditional Use Permit to locate a 26-foot tall
freestanding business identification sign, located approximately 9 feet from
the rear property line and a Variance request to exceed the maximum sign area,
height, and setback restrictions; and
WHEREAS, the Planning Commission held a public hearing on said
application on March 21, 1988; and
WHEREAS, proper notice of said public hearing was given in all
respects as required by law; and
WHEREAS, the request is categorically exempt in accordance with
the provisions of the California Environmental Quality Act; and
WHEREAS, a Staff Report was submitted recommending the application
be denied; and
WHEREAS, the Planning Commission heard and considered all said
reports, recommendations, and testimony hereinabove set forth; and
WHEREAS, on March 2l, 1988, the Planning Commission adopted
Resolution No. 88- denying PA 88-017 Variance request as the findings could
not be made to warranty granting the Variance;
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission
does hereby find:
a. The use as proposed is not required by the public need in that the
proposed sign does not comply with the City's Sign Ordinance related to
sign area, height, and setback.
b. The proposed use would not be properly related to other land uses and
transportation and service facilities in the vicinity, as the sign far
exceeds the permitted sign height and sign area for its proposed
location.
c. The use, if permitted under all circumstances and conditions of this
particular case, may materially affect adversely the health or safety of
persons residing or working in the vicinity, or be materially detrimen:al
to the public welfare, or injurious to property or improvements in the
area, as the sign does not comply with or meet the intent of the Sign
Ordinance to promote uniformity through restrictions in location, height,
and size.
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d. The use will be contrary to the specific intent clause or performance
standards established for the district in which it is to be located, in
that the sign does not comply with the sign regulations and does not
promote uniformity and orderly development, which is a primary intent of
the City's Sign Ordinance.
BE IT FURTHER RESOLVED that the Dublin Planning Commission does
hereby deny PA 88-0l7 Howard Johnson Conditional Use Permit for a freestanding
sign 26 feet tall, setback 9 feet from the_rear property line, containing l56
square feet of sign area.
PASSED, APPROVED AND ADOPTED this 2lst day of March, 1988.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Director
-2-
". ~- 1'>.-' ..
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..,:
. Howard Johnson Hotel, 6680 Regional Street, Dublin, CA 94568
415-828-7750; CA 1-800-422-4656; USA 1-800-223-4656
February 17, 1988
Planning Department
6500 Dublin Blvd. Suite D
Dublin, CA 94568
RE C E J Y. EO
FES 1 D 1J~j -
DUBUN PLANNING'
Pfi ~<i>~on
To Whom It May Concern:
The only issue is a difference of 6 inches in the height of our
previously approved highway sign. We have a "Catch 22" situation.
Our ,hotel, while owned locally, is franchised by the national Howard
Johnson. While we modeled our sign after the national Howard
Johnson sign, which we intended to make locally, we were told by
the Howard Johnson Corporation that we had" to use their official sign
which is make in a mold in Chicago (see letter from Howard Johnson
. Franchise System). After waiting 6 months for delivery the sign was
delivered to Oakland and is awaiting installation. When we went for
the final clearance with the Dublin Building Department the 6 inch
difference was discovered. This is the way the official How~rd .
Johnson sign is made. To make it differently would be like asking
Coke to make bottles 1 inch shorter.
The 6 inches adds 8% to the size of the sign. In our opinion this is
insignificant. It will not be noticed on a highway sign that is 6x12
/
feet and % off the ground.
We admit that most of the lost time is our responsibility but we
would appreciate a speedy resolution of our problem. Therefore, we
request approval of our slight variation from the approved sign.
,
Yours truly,
/" ~7 /J-
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Johnson Clark .
Managing Partner
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How' . John50n Franchise Systcms, II,,,
931 Frccway
Suill. .<J
O<lll<ls, TX 75243
21<.699.9725
HOWARD
JOHNSON
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September 11, 1987
Mr. Johnson Clark
Howard Johnson Hotel
6630 Regional Street
Dublin, California 94568
. Dear Mr. Clark:
Dur'ing my recent visit to Dublin, your manager, Bob Taylor, presented me
with non-standard drawings of proposed signage (dissimilar to that recently
received) for your Howard Johnson Hotel. He was to provide me with the
name of the broker you utilized; as well as, the manufacturer's name. As
we discussed during my February trip visit, logoed signage is a trademark
of Howard Johnson Franchise Systems, Inc. and must meet specifications..
While I ~ave been awaiting this infor~ation I learned of Bob's departure
\'Ihich accounted for the delay of ~y receipt of requested information and
docu~entation. I understand that the drawings you sent to Patricia Hambacher
do not conform .to our standards.
l!e have four approved sign vendors; and, \'Ihile most of the Vlest Coast is
handled by Acme !'Iiley, I have listed all here for your information:
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1) Signgraphics, Telephone - 214/349-3131
~2) Acme Wiley, Telephone - 312/364-2250 .
3) Philadelphia Signs, Telephone - 609/329-1460
4) Tencon, Telephone - 615/729-5103
I am compelled to note that undpr nQ cjn::Il!llstil,ij.Ce.:wtiJ.l.,.J:!.Q)~J1J.<;i..OJI.,lLaT)-
ch.12,~~~m~. Inc. permit unaDPXQv.~d~ sig~age to beerected,ll}. any franchised
facility and will take any necessary steps to prevent such an action from
taking place. Should you feel that such a harsh stance is unwarranted, I
must refer to your recent and arbitrary change out of logos on certain
expendables and brochures (after we had arrived at a mutually acceptable
design) in violation of Standilrd oLOperations..nOO.OO (Advertis~ng, Signage,
Trademarks and Logo) and-your Franchise Agreement. .
Again, I fully support your decision to erect new signage at your hotel
and encourage you to follovl proper procedures in upgl-ading the image of your
property in order to avoid any unnecessary entanglements. Should you wish
to pursue a financing of your signage, please feel free to contact
Mr. Mike Clark at 201/882-1880.
Thank you in advance for your cooperation in this matter.
Si?'e, ( n
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Randall W. Brown
Regional Director,
Franchised Operations
RWBdln
cc: Charles R. Clack
Patricia Hambacher
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