Loading...
HomeMy WebLinkAbout8.1 Attch 6 Reso appr'vg Electronic SignRESOLUTION NO. 11-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT FOR AN ELECTRONIC READERBOARD FREESTANDING SIGN AT DUBLIN HYUNDAI 6015 SCARLETT COURT (APN 941-0550-032-02 & 03) PLPA-2011-00012 WHEREAS, the Applicant, Guy Houston, on behalf of Dublin Hyundai, has filed an application for a Conditional Use Permit for modifications to an existing Electronic Readerboard Freestanding Sign; and WHEREAS, the Planning Commission approving the Valley Auto Center Conditional Electronic Readerboard Freestanding Sign; and adopted Resolution 95-16 on May 15, 1995 Use Permit for the installation and use of an WHEREAS, Dublin Hyundai is requesting to modify the existing Electronic Readerboard Freestanding Sign by installing a new electronic readerboard cabinet, refacing the existing sign support and establishing a new message display program; and WHEREAS, the modifications proposed to the Electronic Readerboard Freestanding Sign require a Master Sign Program/Site Development Review and a Conditional Use Permit; and WHEREAS, the Master Sign Program/Site Development Review was reviewed and approved by the Planning Commission in a separate Resolution for the design of the new sign; and WHEREAS, the Master Sign Program/Site Development Review approval as it relates to the Electronic Readerboard Freestanding Sign is contingent upon approval of this Conditional Use Permit; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations required that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, the Project is exempt from further environmental review pursuant to Section 15311(a) of the State CEQA Guidelines which exempts the construction or replacement of minor structures accessory to existing commercial facilities, including on-premise signs; and WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission recommending approval of the Conditional Use Permit request; and WHEREAS, the Planning Commission held a public hearing on said application on April 12, 2011; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and Attachment 6 WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby make the following findings and determinations regarding the Conditional Use Permit: A. The proposed use and related structures is compatible with other land uses, transportation and service facilities in the vicinity in that. (1) the Electronic Readerboard Freestanding Sign is an existing sign that was established to serve a public need by providing signage that would allow increased visibility and effective and attractive identification of products and services provided by the automobile dealership; (2) the modifications to the existing sign will continue to serve a public need by providing visible, effective and attractive identification of products and services offered by the automobile dealership; and (3) the Electronic Readerboard Freestanding Sign will also serve a public need by providing community service messages of general public interest related to community based organizations and community wide events. B. It will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare in that (1) the Electronic Readerboard Freestanding Sign has been conditioned to comply with the State of California Outdoor Advertising Act which prohibits illumination that is flashing, intermittent, moving or appears to be in motion and requires that the intensity of the illumination remain consistent between messages; and (2) the project has also been conditioned to comply with the State of California Outdoor Advertising Act requirement that the message display will not change at a rate faster than one message every 4 seconds. C. It will not be injurious to property or improvements in the neighborhood in that: (1) building permits are required for the installation of the new electronic readerboard cabinet to ensure that all work is performed in accordance with applicable building codes and ordinances and to ensure that the new electronic readerboard cabinet is installed in safe and structurally sound manner. D. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare in that: (1) the Electronic Readerboard Freestanding Sign is an existing sign located in an existing landscape planter and is well integrated on the site so as not to obstruct public access on the site; and, (2) the Electronic Readerboard Freestanding Sign will not create additional demand for water, sanitation or public utilities and services. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed in that (1) the site has been designed for automobile sales and service uses and the existing Electronic Readerboard Freestanding Sign supports the use which has been approved for the site by identifying the business conducted and services rendered there; and (2) as required by the Dublin Zoning Ordinance, the Electronic Readerboard Freestanding Sign is located in a landscape planter that is of an appropriate dimension in relation to the sign and a condition of 2 of 8 approval has been placed on the project to ensure that the landscape planter is maintained with live plant material in an attractive manner at all times. F. It will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located in that. (1) the project is located within the Scarlett Court Overlay Zoning District and the modifications to the existing Electronic Readerboard Freestanding Sign will enhance the aesthetics of the Scarlett Court area by updating the existing electronic readerboard cabinet with the latest technology and enhancing the existing sign support through the application of new paint and a texcoat finish and the application of new aluminum accents; and (2) the project is consistent with the Scarlett Court Design Guidelines which encourages freeway-oriented signs. G. It is consistent with the Dublin General Plan and with any applicable Specific Plans in that. (1) the Electronic Readerboard Freestanding Sign is located on a site with a General Plan Land Use Designation of Business Park/industrial and Outdoor Storage and the automobile dealership for which the sign serves is consistent with this land use designation; and (2) the site is not located within a Specific Plan area. BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby approve a Conditional Use Permit for an Electronic Readerboard Freestanding Sign at Dublin Hyundai as shown on the project plans date stamped received by Dublin Planning on March 16, 2011 subject to the following conditions: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to establishment of use and shall be subject to Planning Division review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning; [B] Building; [PO] Police; [PW] Public Works; [ADM] Administration/City Attorney; [FIN] Finance; [PCS] Parks and Community Services; [F] Dublin Fire Prevention; [DSR] Dublin San Ramon Services District; [LDD] Livermore Dublin Disposal; [CO] Alameda County Department of Environmental Health; [Zone 7] Alameda County Flood Control and Water Conservation District, Zone 7; [LAVTA] Livermore Amador Valley Transit Authority; and [CHS] California Department of Health Services. NO. CONDITIONS OF APPROVAL Agency When Required, Prior to: Source GENERAL 1. Approval. This Conditional Use Permit approval PL On-going Planning for PLPA-2011-00012 amends and supersedes in its entirety the Conditional Use Permit approved by Planning Commission Resolution 95-16 for the Valley Auto Center Electronic Readerboard Freestanding Sign and the Master Sign Program approved by Planning Commission Resolution 95- 18, as it pertains to the Electronic Readerboard Freestanding Sign, for the Valley Auto Center located at 6015 and 6085 Scarlett Court. 3of8 This Conditional Use Permit approval is for the establishment and operation of a new electronic readerboard cabinet on an existing Electronic Readerboard Freestanding Sign. The Electronic Readerboard Freestanding Sign shall conform to this Conditional Use Permit approval. The Electronic Readerboard Freestanding Sign is contingent upon approval of the Master Sign Program/Site Development Review for Dublin Hyundai; shall be incorporated by reference into the Master Sign Program for Dublin Hyundai, PLPA-2011-00004; and, shall conform to the plans prepared by DSIGNART, dated received by the Planning Division on March 16, 2011 stamped approved and on file in the Community Development Department. 2. Permit Expiration. Construction or use shall PL 2 years DMC commence within two (2) years of Permit approval from 8.96.020.D or the Permit shall lapse and become null and approval void. Commencement of construction or use means the actual construction or use pursuant to the Permit approval, or demonstrating substantial progress toward commencing such construction or use. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a Permit expires, a new application must be made and processed according to the requirements of the Ordinance codified in this subsection. 3. Time Extension. The original approving decision- PL 2 years DMC maker may, upon the Applicant's written request from 8.96.020.E for an extension of approval prior to expiration, and approval upon the determination that any Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met, grant a time extension of approval for a period not to exceed 6 months. All time extension requests shall be noticed and a public hearing or public meeting shall be held as required by the articular Permit. 4. Clarifications to the Conditions of Approval. In PL On-going Planning the event that there needs to be clarification to the Conditions of Approval, the Community Development Director has the authority to clarify 4of8 the intent of these Conditions of Approval to the Applicant without going to a public hearing. The Community Development Director also has the authority to make minor modifications to these Conditions of Approval without going to a public hearing in order for the Applicant to fulfill needed improvements or mitigations resulting from impacts to this r9ject. 5. Modifications. All signage shall be subject to PL On-going Planning review by the Community Development Department for conformance with this Master Sign Program. Modifications to this Master Sign Program and/or to the specific conditions stated herein may be considered by the Community Development Director pursuant to Chapter 8.104 (Site Development Review) of the Dublin Zoning Ordinance. 6. Approval Subject to Review. This approval shall PL On-going Planning be subject to periodic review by the Community Development Director to determine compliance with the conditions of approval. Any violation of the terms or conditions of this approval may be subject to the issuance of a citation. 7. Revocable for Cause. This Conditional Use PL On-going Planning Permit and Master Sign Program/Sign Site Development Review approval shall be revocable for cause in accordance with Chapter 8.84 (Sign Regulations) of the Dublin Zoning Ordinance. PLAN NING 8. Zoning Clearance for Permanent Signs. Prior to PL Installation Planning any modification to the existing Electronic of any signs Readerboard Freestanding Sign a Zoning Clearance for Permanent Signs shall be applied for and approved by the Community Development Department. 9. Sign Maintenance. The Electronic Readerboard PL On-going Planning Freestanding Sign shall be well-maintained in an attractive manner and in accordance with the approved plans. Any chipping, cracking or weathering of the exterior finishes of the sign shall be repaired in a time) manner. 10. State of California Outdoor Advertising Act, PL On-going Planning 2011 Edition. In accordance with the Outdoor Advertising Act, the Electronic Readerboard Freestanding Sign (also known as a message center display) shall be used only to advertise the business conducted, services rendered or goods produced or sold upon the property and/or to give public service information as defined b the 5of8 Outdoor Advertising Act and/or the Community Development Director. The Electronic Readerboard Freestanding Sign shall conform to the following criteria: • The message display will have no illumination that is flashing, intermittent, moving or appears to be in motion. • The message display will not change at a rate faster than one message every 4 seconds. • The intensity of illumination shall remain consistent and not change between messages. 11. Message Display Program/Community Service PL Issuance of Planning Messages. The Applicant/Tenant and/or Property Building Owner shall adhere to the following Message Permits for Display Program at all times: the Electronic 1) Messages shall be limited to the business Readerboard Freestanding conducted, services rendered or goods Sign produced or sold upon the property (otherwise known as "Commercial Messages") on which the Electronic Readerboard Freestanding Sign is located and to Public/Community Service Messages as defined by the State Outdoor Advertising Act and the Community Development Director. 2) Commercial Messages and Public/ Community Service Messages shall be provided on the Electronic Readerboard Freestanding Sign at a minimum ratio of 4:1 (four Commercial Messages for every one Public/Community Service Message) with the potential for additional Public/Community Service Messages on an occasional basis as needed. 3) Public/Community Service Messages may consist of a wide variety of non-commercial messages of general public interest and may be changed on a daily basis or as little as one per week. Priority shall be given to Public/Community Service Messages that promote Dublin based organizations and events. 4) Public/Community Service Messages may include, but are not limited to, community events such as City of Dublin St. Patrick's Day festivities, Little League Opening Day, Libra 6of8 book sale, civic organizations special events, teacher/student of the week, Boy Scout/Girl Scout announcements, and/or special award recognitions such as National Merit Scholarship or prep athletic awards. The Message Display Program shall be subject to periodic review by the Community Development Director to determine compliance with these conditions of approval. Any violation of these terms or conditions may be subject to the issuance of a citation. 12. Landscaping. The Electronic Readerboard PL On-going Planning Freestanding Sign shall be located in a landscaped planter that shall be maintained with live plant material in an attractive manner at all times. BUIL DING 13. Building Codes and Ordinances. All project B Through Building construction shall conform to all building codes Completion and ordinances in effect at the time of building permit issuance. 14. Building Permits. To apply for building permits, B Issuance of Building Applicant/Developer shall submit five (5) sets of Building construction plans to the Building Division for plan Permits check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building permits. 15. Construction Drawings. Construction plans shall B Issuance of Building be fully dimensioned (including building elevations) Building accurately drawn (depicting all existing and Permits proposed conditions on site), and prepared and signed by a California licensed Architect or En ineer. PASSED, APPROVED AND ADOPTED this 12th day of April 2011 by the following vote: AYES: NOES: 7of8 ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Planning Manager GAPA#120111PLPA-2011-00004 Dublin Hyundai MSP AmendmentlPC 04.12.111PC Reso CUP.doc 8of8