HomeMy WebLinkAbout99-035 ExtndStyAmrcAppl 09-14-1999 AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: September 14, 1999
SUBJECT:
ATTACHMENTS:
PUBLIC HEARING: PA 99-035, Extended Stay America Appeal
(Report Prepared by.'.~ennis Carrington, Senior Planner)
1) Project Site Plan
2) Letter from Mr. Art Sallee requesting that an Extended Stay
America sign be placed on the AutoNation sign.
3) Letter from the City of Dublin Planning Department denying the
placement of the Extended Stay America sign on the AutoNation
sign.
4) Letter from Mr. Art Sallee appealing the decision of the Planning
Department
5) Appeals regulations of the Zoning Ordinance
RECOMMENDATION:
1)
2)
3)
4)
Open public hearing
Receive stuff presentation and public testimony
Close public hearing and deliberate
Options for action:
A. Direct Staff to prepare a resolution sustaining Planning
Department decision to deny the Extended America Hotel sign
on the AutoNation freestanding sign
B. Direct Staff to prepare a resolution reversing Planning
Department decision to deny the Extended America Sign on
the AutoNation freestanding sign and allowing the Extended
Stay America sign on the AutoNation freestanding sign
DESCRIPTION:
Mr. Art Sallee of Federal Sign submitted a letter requesting that Staff permit the Extended Stay America
Hotel to place a sign advertising the hotel on the AutoNation freestanding sign located along Interstate
Highway (Attachment 2). The hotel facility will be built on property that was subdivided from the
AutoNation property. Staffresponded with a letter (Attachment 3) denying that request because the sign
would be an Off-Site Advertising Sign, which is prohibited by the Sign Regulations. Mr. Sallee sent a
letter appealing the Staff decision (Attachment 4).
BACKGROUND:
On May 17, 1995, Tentative Parcel Map (TPM) 6879 was approved by Planning Director, Larry Tong.
The TPM divided the Hacienda Crossings parcel into four parcels. Parcel four of TPM 6879 is the
AutoNation parcel. A Final Parcel Map has been recorded for this project.
COPIES TO: Mr. Art Sallee
Mr. Harry Brumley
Mr. Craig Caldwel
PA File
ITEM NO ..... J
On April 16, 1999, TPM 7287 was approved by Community Development Director, Eddie Peabody, Jr.
Parcel B of TPM 7287 is the Extended Stay America parcel. A Final Parcel Map has been recorded for
this project.
On April 20, 1999, the City Council approved a Site Development Review for a three story 122 room
Extended Stay America Hotel on Parcel B of TPM 7287. On-site signage for the hotel was addressed as
part of this approval. No mention was made by the Applicants during this process of their desire to have
off-site signage placed on the AutoNation sign.
On June 17, 1999, Mr. Art Sallee of Federal Sign submitted a letter requesting that Staff permit Extended
Stay America to place a sign advertising the hotel on the AutoNation freestanding sign located along
Interstate Highway 580. The hotel facility will be built on property that was subdivided from (and
separate from) the AutoNation property.
On June 21, 1999, Staff responded with a letter denying the request because the sign would be an Off-Site
Advertising Sign which is prohibited by the Sign Regulations.
On August 4, 1999, Mr. Sallee sent a letter appealing the Staff decision. Although the appeal was filed
more than 10 days after the date of the June 21, 1999 letter from Staff, the appeal is still being processed
in the interest of customer service. Staff would have sent out another letter for the purpose of appeal if
Mr. Sallee had requested it.
ANALYSIS
Reason for Staff denial of placement of Extended Stay America sign on the AutoNation sign.
The Extended Stay America property is Parcel B of Tentative Parcel Map 7287, an existing parcel that
was subdivided from the adjacent AutoNation parcel. The Extended Stay America sign is proposed to be
located on the freestanding sign on adjacent property owned AutoNation. The sign would therefore be an
Off-Site Advertising Sign that is prohibited by Section 8.84.150.D of the Zoning Ordinance. Section
8.84.020.V of the Zoning Ordinance defines an Off-Site Advertising Sign as follows:
Off-Site Advertising Sign. The term Off-Site Advertising Sign shall mean any sign which
advertises or informs about a business organization or event, goods, products, services or uses, not
available on the property upon which the sign is located. Signage for a business within a shopping
center under multiple ownerships shall not be considered an Off-Site Advertising Sign even
though it is not located on the same property as the business being advertised. The term Off-Site
Advertising Sign does not include Special Easement Signs, Directional Tract Signs, Community
Identification Signs or Off-Site Temporary For Sale Or Lease Signs.
The sign proposed by Extended Stay America is not considered to be within a shopping center with
multiple ownerships because the Extended Stay America Hotel does not have an individual entrance from
a common public area of a shopping center such as a parking lot, mall corridor or atrium that is shared by
five or more retail stores. The hotel will only have access via Dublin Boulevard.
A shopping center is defined by Section 8.08.020 of the Zoning Ordinance as follows:
Shopping Center (use type). The term Shopping Center shall mean a commercial development on a
single parcel or contiguous parcels, containing five or more retail stores, service uses, or other tenants,
where each have individual entrances from a common public area such as a parking lot, mall corridor or
2
atrium. Also includes such commercial developments where individual tenant spaces are subdivided as a
commercial condominium, with parking and pedestrian circulation areas owned in common.
Appeals regulations of the Zoning Ordinance.
Determinations or administrative actions by the Community Development Director as to the meaning and
applicability of the Zoning Ordinance may be appealed by any person affected to the Planning
Commission. An appeal must be filed within 10 days of the action which is the subject of the appeal. The
appeal must be filed with the City Clerk and must be in writing, fully state the extent of the appeal and the
reasons and grounds for an appeal, shall include any information required by the Director of Community
Development, and may include any explanatory materials the appellant wishes to furnish. Notice of the
appeal public hearing must be sent as required by the Zoning Ordinance. The appellant is responsible for
providing all noticing materials for the appeal hearing.
AutoNation/Shamrock Ford.
AutoNation has purchased Shamrock Ford and will be relocating the Ford agency to the AutoNation site
in the near future. Discussions with representatives of AutoNation and Shamrock Ford have indicated that
they do not want an Extended Stay America sign on their freestanding sign. They wish to use all of the
signs on the freestanding sign adjacent to 1-580 for their own purposes.
RECOMMENDATION:
Staff recommends that the Planning Commission open the public hearing, receive staff presentation and
public tesfunony, close the public hearing and deliberate, and either:
Option 1.
Direct Staff to prepare a resolution sustaining the Planning Department decision to
deny the Extended America sign on the AutoNation freestanding sign; or
Option 2.
Direct Staff to prepare a resolution reversing Planning Department decision to deny
the Extended America Sign on the AutoNation freestanding sign and allowing the
Extended Stay America sign on the AutoNation freestanding sign.
G:pa99035/pcsr
3
TENTATIVE PARCEL MAP NO. 7287
ATTACHMENT
FEDERAL
SIGN
Division Federal Signal Corporation
June 17, 1999
Dennis Carrington
Planner
City of Dublin
100 Civic Plaza
Dublin, CA 94568
RE: Extended Stay America
Dublin, CA
Dear Dennis;
I'm writing this on behalf of my client, Extended Stay America,
who will be building their hotel facility on property that
was sub divided from the AutoNation property.
The negotiations with AutoNation resulted in Extended Stay
America being granted the use of 6'-5" by 14'-0" sign cabinet
at the lower position on the AutoNation pylon sign perpendicular
to 580.
We will need approval from your office to proceed with the
work required to install new panaflex sign faces for our
client.
Please refer to the enclosed drawing showing the existing
pylon with the blank sign cabinet.
Thanks very much.
Sincerely
'Art Sallee
Senior Account Executive
Cc:
Joe Roonan, Extended Stay America
Rhonda Mix, Federal Sign
ATTACHMENT
1606 E. SHIELDS · FRESNO, CALIFORNIA 93704 · PHONE (559) 486-2900 · FAX (559) 486~2618
Visit our Web Site at · http://www fedsign.com
20'~0"
l
14'-0"
9'-4" 8'-6"
NOTE:277 VOLT
1'-0" 11'-8"
T
33'-4"
D/F ELEVATION( ,~NF-~OOS W/SC-SO & z.sa ) ~/..= 1,-o.
CITY OF DUBLIN
RO Box 2340. Dublin, California 94568 City Offices 100 Civic Plaza, Dub[in, California 94568
June 21, 1999
Mr. Art Sallee
Federal Sign
I606 E. Shields
Fresno, CA 93704
SUBJECT: Extended Stay America sign
Dear Mr. Sallee:
This letter is in response to your request to place an Extended Stay America sign on the
AutoNation freestanding sign adjacent to Interstate 580. The Extended Stay America is an existing
parcel that was subdivided from the adjacent AutoNation parcel by Tentative Parcel Map 7287. The
proposed sign would therefore be located on a freestanding sign that is not located on the Extended
Stay America property. This Wpe of sign would be classed as an Off-Site Advertising Sign that is
prohibited by Section 8.84.150.D of the Zoning Ordinance. Section 8.84.020.V of the Zoning
Ordinance defines an Off-Site Advertising Sign as follows:
Off-Site Advertising Sign. The term Off-Site Advertising Sign shall mean any sign which
advertises or informs about a business organization or event, goods, products, services or
uses, not available on the property upon which the sign is located. Signage for a business
within a shopping center under multiple o~merships shall not be considered an Off-Site
Advertising Sign even though it is not located on the same property as the business being
advertised. The term Off-Site Advertising Sign does not include Special Easement Signs,
Directional Tract Signs, Community Identification Signs or Off-Site Temporary For Sale Or
Lease Signs.
Your proposed sign is not considered to be within a shopping center with multiple
mamerships because the Extended Stay America hotel does not have an individual entrance from a
common public area cfa shopping center such as a parking lot, mall corridor or a/rim. The hotel
will only have access via Dublin Boulevard. A shopping center is defined by Section 8.08.020 as
follows:
Shopping Center (use type). The term Shopping Center shall mean a commercial development on
a single parcel or contiguous parcels, containing five or more retail stores, service uses, or other
tenants, where each have individual entrances from a common public area such as a parking lot,
mall corridor or atrium. Also includes such commercial developments where individual tenant
spaces are subdivided as a commercial condominium, with parking and pedestrian circulation areas
owned in common.
Determinations or administrative actions by the Cormmunity Development Director as to the
meaning and applicability of the Zoning Ordinance may be appealed by any person affected to the
Planning Commission. An appeal must be filed within I0 days of the action which is the subject of
the appeal. The appeal must be filed with the City Clerk and must be in writing, fully state the
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extent of the appeal and the reasons and grounds for an appeal, shall include any information
required by the Director of Community Development, and may include any explanatory materials
the appellant wishes to furnish. Notice of the appeal public hearing must be sent as required by the
Zoning Ordinance. The appellant is responsible for providing all noticing materials for the appeal
hearing. A copy of Chapter 8.136, Appeals, is included as an attachment to this letter.
DHC
If you have any questions please contact me at (925) 833-6610.
Sincerely yours,
Dermis H. Carrington, AICP-
Senior Planner/Zoning Administrator
Attachment
CC:
PA99-005 file
Eddie Peabody, Jr.
Mr. Steve Pieters
E.S.A. Management, Inc.
58 Mitchell Boulevard
San Rafael, CA 94903
Mr. Newell L. Turpel
AutoNation USA
1 Financial Plazm Suite I200
Fort Lauderdale, FL 33394
G:pa99005/Fe deralSign
FEDERAL
SIGN
Division Federal Signal Corporation
August 4, 1999
Dennis H. Carrington, AICP
Senior Planner/Zoning Administrator
City of Dublin
P.O. Box 2340
Dublin. CA 94568
RE: Extended Stay America
Dublin, CA
Dear Dennis;
Our request was denied to place an Extended Stay America sign
on the existing Auto Nation structure.
My client has requested that we appeal the decision through
the channel provided for such an appeal.
Originally there was common access between Auto Nation and
the Extended Stay America property, which would have allowed
the sign that is now considered to be an off site sign, but
that common access was subsequently closed.
Auto Nation has agreed to allow Ex~ended Stay America to use
the existing cabinet on the structure for their use, which would
involve inserting faces in the existing cabinet.
The importance of this sign cannot be overstated because of
the Hotel's location in relation to 580, which would be the
only advertising of the facility that is visible from the
freeway.
We would like a hearing before the Planning Commission to appeal
the previous denial.
Sincerely
· Art Sallee
Senior Account Executive
Federal Sign
Cc; Steve Peters, Extended Stay America
Joe Roonan, Extended Stay America
1606 E SHIELDS · FRESNO, CALIFORNIA 93704 · PHONE (559) 486-2900 · FAX (559) 486-2618
Visit our Web Site at · http://www fedsign.com
FROM : EXTENDED STAY _.% PHON~ NO. : ~ 3ul. 19 1999 08:51AM P2
EXTE N DE DSTAYA M E R ICA
E F F I C I F' N C ¥ ST U D I O S
July 19, 1999
Ci~ofDublin
P.O, Box 2340
Dublin, CA 94568
II.E: Federal Sign - Authorization to act as ESA's Agent
To Whom It Ma3, Concern:
Please be advised that Art Sallee, from Federal Sign. has been authorized to act on our behalf in pursuit ora
sign variance off of Highway 580 in Dublin. ESA is requesting a variance so that we can place a sign on
the Autonation pylon, which is similar to the pylon's that have been erected on the adjoining shopping
c*nter property.
Best Regards,
Extended Stay America
JUC-19-i999 e~:41 P.02
APPEALS
Chapter 8.136
CHAPTER 8.136
APPEALS
8.136.010
Purpose. To establish a procedure for the appeal of a requirement,
decision or determination made by the Zoning Administrator, Director of
Community Development, or Planning Commission.
Intent. The intent of this Chapter is to ensure that appeals of decisions are
properly held and noticed and that the public has a means to appeal
decisions made by the City.
8.136.020
Appeal subjects and jurisdiction. Actions and decisions that may be
appealed, and the authority to act upon an appeal shall be as follows:
Administration and interpretation. The following actions of the Director may
be appealed to the Planning Commission and then to the City Council:
Meaning and applicabiliD' of the provisions of Title 8. Determinmions
on the meaning or applicability of the provisions of Title 8 of the Dublin
Municipal Code that are believed to be in error, and cannot be resolved
with Staff.
Incomplete application. Any determination that a permit, application, or
information submitted wSth the application is incomplete, pursuant to
Government Code Section 65943.
Permit and Hearing Actions. Except as otherwise provided in this Chapter.
actions of the Director of Community Development and the Zoning Administrator
on permits may be appealed to the Planning Commission and then to the City
Council. Actions of the Planning Cornrnission on permits may be appealed to the
City Council. Actions of the City Council are final.
8.136.030
No Appeal From Ministerial Actions. No right of appeal shall exist
when the decision or action is ministerial and does not involve the exercise
of judgment or deliberation pursuant to any provisions of this Title.
8.136.040 Who may appeal.
to
Administration and Interpretation. An appeal may be filed by an3' person
affected by a Department administrative action or interpretation as described in
Section 8.136.020.A.
ATTACHMENT
City of Dublin Zoning Ordinance 136-1 October 20, 1998
APPEALS
Chapter 8.136
Permit and Hearing Actions. An action described in Section 8.136.020.B ma3'
be appealed by.' Rev. Or& 17-98 (10/20/911)
Anyone. Anyone who, in person or through a representative explicitly
identified as such, appeared at a public hearing in connection with the
decision being appealed, or who otherwise informed the City in writing of
the nature of his/her concerns before the hearing. Rev. ~ 17-98 (10/20.t~)
City Council Members. A member of the City Council ma3, appeal an
action of the Zoning Administrator, Community Development Director
and Planning Commission. If an appeal is made by a CounciI Member.
there shall be a presumption applied that the reason for the appeal is
because the appealed action has significant and material effects on the
quality of life within the City of Dublin. Nomdthstanding Section
8.136.050.B, no other reason need be or shall be stated by the Council
Member in his/her ,~Tirten appeal. No inference of bias shall be made
because of such an appeal. IL'v. Ord. 17-9g (10/2~t98)
StaffAppeal Prohibited. A representative of the City government presenting
departmental recommendations at a hearing is prohibited from appealing a
decision reached at such hearing.
8.136.050 Filing Appeals.
Appeal Periods. An appeal must be filed within I0 days of the action which is
the subject of the appeal. Appeals filed beyond 10 days shall not be accepted.
Form of appeal. An appeal shall be in writing, shall reference any Planning
Application number, shall fully state the extent of the appeal and the reasons and
grounds for appeal, shall include any information required by the Director of
Community Development, and may include any explanatory materials the
appellant wishes to furnish. The appeal shall be accompanied by the filing fee
established by the City Council.
C. Filed with City Clerk. An appeal shall be filed with the City Clerk.
Effect of filing. In the event of an appeal, the decision being appealed shall not
be effective until final action by the appeal body.
City of Dub/in Zoning Ordinance 136-2 October 20, 1998
APPEALS
Chapter 8.136
8.136.060 Processing Appeals.
Ao
Report, Scheduling of Public Hearing, and Action. When an appeal has been
filed, the Director shall prepare a report on the matter and shall schedule the
matter for consideration by the appropriate appeal body after completion of the
report. The appeal body shall conduct a public hearing on the appeal within 45
days of its proper filing and shall take action on the appeal within 75 days of its
proper filing. If the matter is not heard within 45 days or if action is not taken
within 75 days of the proper filing o£an appeal, the decision being appealed shall
be deemed affirmed.
Notice of Appeal Public Hearing. Notice shall be provided for an appeal public
hearing in the same manner as required for a public hearing by this Title. The
appellant shall be responsible for providing all noticing materials for the appeal
hearing. Rev. Ord. 17-98 (10/2atgg)
Appeal Hearing Procedure. Appeal hearings shall be held at the date. time. and
place stated in the required notice. Minutes of the hearing shall be prepared and
an audio tape filed in the Department or with the City Clerk as appropriate. At the
hearing, the appeal body may consider only those issues involving the matters that
are the specific subjects o£the appeal; provided that when the appeal is made by a
Council Member the City Council may consider any issue concerning the
application. Any heating may be continued provided that prior to the
adjournment or recess of the heating, a clear announcement is made specifying the
date, time, and place to which said hearing will be continued and provided the
continuance is not beyond the 75 day period for taking action. Rea,. Ord. 17-98 (10?2~t~8)
Action. By a majority vote the appeal body may affirm, affirm in part, or reverse
the action, decision or determination that is the subject of the appeal, based upon
findings of fact about the particular case. A tie vote shalI mean that no action was
taken and shall result in the affirmation of the action being appealed_ The
findings shall identify the reasons for the action on the appeal, and verify the
compliance or non-compliance of the subject o£the appeal with the provisions of
this Chapter. The appeal body shall take action and announce and record its
decision at the public hearing. Following the heating, the appeal body shall
provide written notice of the action taken to the appellant at the address shown
upon the application for the appeal.
Additional conditions of approval When reviewing a decision on a permit, the
appeal body may adopt additional conditions of' approval that address the specific
subject of the appeal.
City of Dub/in Zoning Ordinance 136-3 October 20, 1998
APPEALS
Chapter 8.136
Effective Date of Appealed Actions. An action of the Zoning Administrator or
Director of Community Development appealed to the Planning Commission shall
not become effective until action on the appeal by the Planning Commission. An
action of the Planning Commission appealed to the City Council shall not become
effective until action on the appeal by the City Council.
8.136.070
8.136.080
Effect of Denial. When an application for a permit is denied on appeal.
no application for the same or substantially same permit or a permit for the
same use on the same property shall be filed for a period of one year from
the date of denial, except where the permit was denied without prejudice.
Relation of appeals procedure under this Title to the appeals
procedure of Section 1.04.050 of the Dublin Municipal Code. Any
appeal under Title 8 shall be processed in accordance with the appeal
provisions of this Chapter and not in accordance with the appeal
provisions of Section 1.04.050 of the Municipal Code. 1L~v. Ord. 17-98 (10/20/9g)
City of Dub/in Zoning Ordinance 136-4 October 20, 1998