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HomeMy WebLinkAboutReso 194-12 Freestanding Sign CUP RESOLUTION NO. 194 - 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN REVERSING THE PLANNING COMMISSION'S ADOPTION OF RESOLUTION 12-31 AND APPROVING A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW PERMIT FOR THE CONSTRUCTION AND ONGOING OPERATION OF A REGIONAL-SERVING, FREESTANDING SIGN WITH A REVISED DESIGN AND MODIFIED CONDITIONS OF APPROVAL 7153 AMADOR PLAZA ROAD (APN 941-0305-037-00) PLPA-2012-00042 WHEREAS, Nicole Salmon of Downtown Displays requested a Conditional Use Permit and Site Development Review Permit for the construction and ongoing operation of a regional- serving, freestanding sign with the revised design (the "Revised Project"); and WHEREAS, the Project is located in the Downtown Dublin Specific Plan area in an existing shopping center in a developed area of the City; and WHEREAS, the Downtown Dublin Specific Plan specifically states that "One regional serving sign may be permitted in the Specific Plan Area. This sign shall be intended to create an identity marker for the downtown and to advertise the downtown and businesses located within the downtown area. Advertising on this sign by businesses located within the Specific Plan Area shall not be considered off-site signage. The owner of the sign shall not prohibit regional or destination-serving downtown businesses from locating on the sign and the sign shall be designed to accommodate a variety of businesses in the Downtown Specific Plan Area."; and WHEREAS, a Downtown-oriented, regional-serving sign is permitted in the Downtown Dublin Zoning District, subject to approval of a Conditional Use Permit and Site Development Review by the Planning Commission; and WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission recommending approval of the Conditional Use Permit and Site Development Review request which report is incorporated herein by reference; and WHEREAS, the Planning Commission held a public hearing on said application on September 11, 2012,at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and 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; and • Page 1 of 8 WHEREAS, the Planning Commission adopted Resolution 12-33 denying a Conditional Use Permit and Site Development Review Permit for the construction and ongoing operation of an 85 foot tall, regional-serving, freestanding sign based on concerns about the proposed height and use of the City of Dublin logo, which Resolution is incorporated herein by reference; and WHEREAS, Charlie Stroud filed a timely appeal of the Planning Commission's decision to the City Council; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts; and WHEREAS, Staff recommends that the City Council find this project exempt from CEQA in accordance with Section 15332 (In-fill Development Projects in compliance with the General Plan, Zoning Ordinance, not occurring on land with habitat value, and served by existing utilities and public services); and WHEREAS, a Staff Report was submitted to the City of Dublin City Council recommending a Resolution reversing the Planning Commission's adoption of Resolution 12-33 and approving a Conditional Use Permit and Site Development Review Permit for the construction and ongoing operation of an 85 foot tall, regional-serving, freestanding sign as originally proposed, as permitted by the Downtown Dublin Specific Plan, and as recommended to the Planning Commission on September 11, 2012 which Staff Report is incorporated herein by reference; and WHEREAS, the City Council held a public hearing on said application on November 20, 2012, at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the City Council 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 City Council 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 the sign will serve businesses located in Downtown Dublin and is a compatible use with the retail, restaurant, and service facilities in the area. 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 the Project has been conditioned to comply with all State of California and Dublin Municipal Code requirements. Page 2 of 8 C. It will not be injurious to property or improvements in the neighborhood in that the sign is designed to be consistent with the Downtown Dublin Specific Plan in that the sign creates an identity marker for the Downtown that is compatible with other high-quality signage including the Dublin Boulevard identity markers and other civic directional signage in Dublin. 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 Project will be located on a fully developed site that is served by existing utilities and services; and 2) the Project will not create a demand for additional utilities or services beyond that which already exists to serve the site. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed in that the sign is proposed to be located in an existing island in an existing parking field and the sign will not create a demand for additional utilities or services beyond that which already exists to serve the site. 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 proposed project is compatible with the Downtown Dublin Zoning District in which it is located with approval of a Conditional Use Permit; and 2) the design of the sign meets the requirements of the Downtown Dublin Specific Plan. G. It is consistent with the Dublin General Plan and with any applicable Specific Plans in that: 1) the signage will promote orderly, attractive, and harmonious identification of the businesses throughout the Downtown Dublin Specific Plan (DDSP) area as directed by DDSP Section 4.4.6; and 2) the sign is consistent with the Downtown Dublin Specific Plan Signage Design Guidelines in that the sign creates an identity marker for the Downtown that is compatible with other high-quality signage including the Dublin Boulevard identity markers and other civic directional signage in Dublin. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin City Council does hereby make the following findings and determinations regarding the Site Development Review: A. The Project, as conditioned, is consistent with the purpose of Chapter 8.104, with the General Plan and with any applicable Specific Plans and design guidelines in that: 1) the signage will promote orderly, attractive, and harmonious identification of the businesses throughout the Downtown Dublin Specific Plan (DDSP) area as directed by DDSP Section 4.4.6; and 2) the sign is consistent with the Downtown Dublin Specific Plan Signage Design Guidelines in that the sign creates an identity marker for the Downtown that is compatible with other high-quality signage including the Dublin Boulevard identity markers and other civic directional signage in Dublin. B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance because: the sign complies with the intent and purpose of Chapters 8.30 (Downtown Dublin Zoning District) and 8.84 (Sign Regulations). Page 3 of 8 C. The design of the project is appropriate to the City, the vicinity, surrounding properties and the lot in which the project is proposed because: the sign is designed to be consistent with the Downtown Dublin Specific Plan in that the sign creates an identity marker for the Downtown that is compatible with other high-quality signage including the Dublin Boulevard identity markers and other civic directional signage in Dublin. D. The subject site is physically suitable for the type and intensity of the approved development because the site: 1) is located adjacent to Interstate 680, which provides excellent visibility for Downtown businesses; and 2) the sign is located in an area that does not receive heavy through traffic and would not over-intensify the site with too much development. E. The Project, will not impact existing slopes and topographic features because no grading will be required for the installation of the sign. F. Architectural considerations including the character, scale, and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements, result in a project that is harmonious with its surroundings and compatible with other developments in the vicinity because the sign is consistent with the Downtown Dublin Specific Plan Signage Design Guidelines and the sign creates an identity marker for the Downtown that is compatible with other high-quality signage including the Dublin Boulevard identity markers and other civic directional signage in Dublin. The sign is proposed to be constructed with attractive, durable materials, and conditions of approval will be in place to ensure the ongoing maintenance and repair of the sign as needed. The height of the sign is appropriate to provide visibility within the Specific Plan area and along 1-680. G. Landscape considerations including the location, type, size, color, texture and coverage of plant materials and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public because the Applicant will install new trees and landscaping to compensate for landscaping that is proposed to be removed on-site to accommodate installation of the sign. H. The site has been adequately designed to ensure proper circulation for bicyclists, pedestrians and automobiles because the sign is proposed to be located in an existing planter area and will not impact site circulation. BE IT FURTHER RESOLVED that the City of Dublin City Council does hereby find that the Project is Categorically Exempt from CEQA, pursuant to CEQA Guidelines Section 15332, In-Fill Development Projects. As further described in the project application and as illustrated in the Project Plans, the project consists of a Conditional Use Permit and Site Development Review Permit for the construction and ongoing operation of a regional-serving, freestanding sign with a revised design. The project is consistent with the General Plan land use designation of Downtown Dublin — Retail District and the Downtown Dublin Zoning District; the project site is less than 5 acres in size and is surrounded by urban uses; it has no value as habitat for endangered, rare or threatened species; approval of the project will not result in any significant effects related to traffic, noise, air quality or water quality; and, the site can be adequately served by all required utilities and public services. Page 4 of 8 BE IT FURTHER RESOLVED that based on the findings above and whole of the record for the Project, the City of Dublin City Council does hereby approve a Conditional Use Permit and Site Development Review Permit for the construction and ongoing operation of a regional- serving, freestanding sign with the revised design as shown on the project plans, dated September 19, 2012, attached as Exhibit A, subject to the following conditions of approval: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or 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 [CMS] California Department of Health Services. NO. CONDITIONS OF APPROVAL Agency When Source Required, Prior to: GENERAL 1. Approval. This Conditional Use Permit/Site PL Ongoing Planning Development Review approval for PLPA-2012-00042 is for the establishment and operation of one regional freestanding sign as permitted by the Downtown Dublin Specific Plan. The regional sign shall conform to the Project Plans (8 sheets) and three Color and Materials boards prepared by Downtown Displays, dated September 19, 2012, stamped approved and on file in the Community Development Department as well as the color and materials boards also on file. 2. Permit Expiration. Construction or use shall PL One year DMC commence within one (1) year of Permit approval, or from 8.96.020.D the Permit shall lapse and become null and void. approval 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 One year DMC maker may, upon the Applicant's written request for an from 8.96.020.E extension of approval prior to expiration, and upon the approval 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 particular Permit. 4. Clarifications to the Conditions of Approval. In the PL Ongoing Planning event that there needs to be clarification to the Conditions of Approval, the Community Development Director has the authority to clarify 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 project. 5. Modifications. Any modifications to the approved Plan PL Ongoing Planning Set shall be subject to review by the Community Development Director. Modifications to the approved Plan Set 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 be PL Ongoing Planning 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 Ongoing Planning Permit/Site Development Review approval shall be revocable for cause in accordance with Chapter 8.84 (Sign Regulations) of the Dublin Zoning Ordinance. PLANNING 8. Sign Maintenance. The regional freestanding sign PL Ongoing Planning 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 timely manner. 9. Landscaping. Landscaping shall be installed as PL Ongoing Planning shown on Sheet 8 of the Project Plan Set and shall be maintained with live plant material in an attractive manner at all times. 10. Approval from California Department of PL Issuance of Planning Transportation. The Applicant is required to obtain all Building necessary permits from the California Department of Permit Transportation (CalTrans) prior to approval of the building permit for the freestanding sign. 11. Tenant Sign Panel Design Guidelines. The following PL Ongoing Planning requirements apply to individual tenant sign panels on the regional freestanding sign: A. Individual sign panels are available only for businesses located in the Downtown Dublin Specific Plan (DDSP) area as defined in the DDSP document. B. Individual businesses shall be allowed to rent up to two sign panels only, no more than one per side. C. The top sign panel shall be reserved for an anchor business located in the DDSP area (i.e. a business with a minimum of 20,000 square feet of gross floor area). D. Each rentable panel has required margins around the panel defining the maximum space for graphic layout. These parameters are defined in the specification drawings. The top panel only is designed to allow for an extended logo element above the sign panel. This element must be compatible with the overall design of the display. E. The sign panel graphics shall display only the business name and/or ancillary trademark graphics in one or two lines. Services, phone numbers, websites, and other advertising copy are not permitted. All graphic layouts are to be approved prior to manufacturing and installation. F. Construction of all tenant lettering and graphics to be of highest quality meeting all UL requirements, building codes, local codes, etc. The construction of all tenant signage shall be warranted for five years. G. Tenant signs to consist of individual illuminated letters. Letter depth is not to exceed 5 inches. H. Cabinet signs or background panels are not allowed. I. Exposed neon or lighting elements are not allowed. J. Animated or changeable copy signs are not allowed. K. All tenant sign panels are required to obtain a Zoning Clearance from the City of Dublin Planning Division. Signs will be reviewed for conformance with the Project Plans. L. Background color of sign panel may not be painted or modified and shall remain in conformance with the Project Plans. M. All sign panel surfaces shall be restored to as-new condition upon removal of tenant signage. N. Bottom sign panel can be design either as a split panel for two tenants or as a single panel for one tenant. 12. Sign Structure Interior Illumination. The interior PL Ongoing Planning illumination of the sign structure can change to be seasonally appropriate. However, the default illumination shall be a subtle, warm white or a slow changing subtle color palette. The speed of the animation will not be discernible to the passerby. The interior illumination shall not be constantly changing at a fast rate or employ a strobe effect. 13. Site Lighting. Installation of the regional freestanding PL/PW Prior to Planning, sign will require the removal one parking lot light fixture. Building Public The Applicant shall be responsible for ensuring the Permit Final Works minimum security lighting of 1 FC on average in the vicinity of the freestanding sign. A photometric plan shall be provided that illustrates that this lighting level can be achieved with upgrading the wattage of the existing light fixtures already on site, light generated by the freestanding sign itself, with the installation of an additional fixture, or a combination of these approaches. Planning Staff will review and approve the lighting plan and the lighting installation prior to finaling the Building Permit. PUBLIC WORKS 14. New Stop Sign. Provide a stop sign and pavement PW Prior to Public marking on the most easterly drive aisle near the Building Works proposed freestanding sign location to avoid any sight Permit Fianl distance issues as a result of the sign location. BUILDING 15. Building Codes and Ordinances. All project B Through Building construction shall conform to all building codes and Completion ordinances in effect at the time of building permit issuance. 16. 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. 17. Construction Drawings. Construction plans shall be B Issuance of Building fully dimensioned (including building elevations) Building accurately drawn (depicting all existing and proposed Permits conditions on site), and prepared and signed by a California licensed Architect or Engineer. PASSED, APPROVED AND ADOPTED this 20th day of November 2012, by the following vote: AYES: Councilmembers Biddle, Hart, and Hildenbrand NOES: Councilmember Swalwell, and Mayor Sbranti ABSENT: None ABSTAIN: None Mayor ATTE T: City Clerk •