HomeMy WebLinkAbout04-03-1989 Item 8.5 PA89-015 Good Guys/TempDisplayCITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: April 3, 1989
T0: Planning Commission
FROM: Planning Staff~3U
~NL ,,
SUBJECT: PA 89-015 The Good Guys Temporary Promotional
Display Conditional Use Permit 60-day Time Frame
GENERAL INFORMATION: _
PROJECT: Conditional Use Permit request to allow the
display of a rooftop balloon for promotions for
a 60-day cumulative period within a twelve month
time frame
APPLICANT/REPRESECiTIATVE: The Good Guys
1649 Adrian Road
Burlingame, CA 94568
Attn: Kathleen Castle
PROPERTY OWNER: Enea Properties
6670 Amador Plaza Road
Dublin, CA 94568
Attn: Robert Enea
LOCATION: 6700 Pmador Plazn Raad
ASSESSOR PARCEL NL'~IBER: 941-1500-40
PARCEL SIZE: 5+ acres
GENERAL PLAN
DESIGNATION: Commercial/Industrial Retail/Office and
Automotive
SPECIFIC PLAN
DESIGNATION: The Downtown Dublin Specific Plan designates
land uses for this site - retail, office, hotel,
restaurant and commercial recreation facilities.
EXISTING ZONING
AND LAND USE: PD, Planned Development District, Specialty
Retail/Office and Service Uses, Enea Plaza
SURROUNDING L.A~vD USE
AND ZONING: North: Restaurant/C-2 General C^-nmerc--'
a.iS L'1 ii:~
South: Vacant Lot/PD, Planned Development
District
East: Retail Auto Sales/C-2
West: Enea Playa Retail Complete, Phase 1/PD,
Planned Development District
COPIES T0: Applicant
Owl,ar
~ 5
ITEM N0. File PA S9-015
ZONING HISTORY:
7/29/63: A Conditional Use Permit was issued for a 3rive-in theater
over the entire 22+ acre Enea Plaza holding.
5/1/67 & 4/1/70: Conditional Use Permits were approved for an indoor
theater at the northeast corner of the property.
5/3/79: A Parcel Map was approved to subdivide the property into five
parcels.
10/22/80: A Site Development Review request was approved by Alameda
County for the construction of six office buildings at the end of the
Amador Plaza Road (four were constructed).
4/2/81: Approval was granted by the Alameda County Board of Supervisors
rezoning the site from C-2, General Commercial District to a PD, Planned
Development District allowing C-0, Administrative Office District uses
including a racquetball club, gymnasium, restaurant and other C-1 Retail
Business District uses that are determined to be compatible with C-0
uses (1464th Zoning Unit).
8/23/84: The Applicant submitted a Site Development Review application
to construct a one-story retail building, a too-story retail and off-~ce
building, and an addition to the existing theater. This application was
found to be incomplete and no further action was taken on the
application (PA 84-023).
2/25/85: The Dublin City Council denied a PD, Planned Development
District Rezoning request to rezone the northerly 16.3 acres of the Enea
Plaza holding to a PD, Planning Development District allowing C-1,
Retail Business District type uses (PA 84-040).
9/25/86: The Dublin Planning Director approved a Site Development
Review application for the construction of a three-building 42,000+
square foot single story retail complex (PA 86-071).
7/27/87: The Dublin City Council approved a rezoning request to rezone
approximately 5.0+ acres from a PD, Planning Development District
allowing C-0, P_dministrative Office District uses and a limited range of
compatible C-1, Retail Business District uses to a new PD, Planning
Development District allowing a range of retail shop-per, office,
personal service and financial uses, including Parcels A, B and a
portion of C of Parcel Map 2922 (PA 87-018).
2/8/88: The Dublin City Council approved a Variance request appeal to
establish a wall mounted business sign which is not located on a primary
or secondar;~ building frontage of the retail space which it proposed to
identify.
3/28/88: The Dublin City Council approved a Planned Development
Rezoning request to rezone the southern 3.0+ acres of APN 941-1500-040
(located on the west side of Amador Plaza Road near Dublin Boulevard)
from a PD, Planned Development District (Alameda County Ordinance No.
81-26 for the 1464th Zoning Unit) to a new PD, allowing a range of
retail, office, personal service and financial uses, identical to those
permitted by City Council Resolution P]o. 41-87 and Planned Development
Application P3 87-018.
3/6/88: The Dublin Planning Commission approved a Conditional Use
Permit for The Good Guys to allow car stereo irs:-'.'ation within the
- -- main building at-tha Enna Plaze Retail Ccmpiex, :~77~_ ~.:ador riaza xoad
(PA 88-031).
8/5/88: The Dublin Planning Director approved an Administrative
Conditional Use Permit request for The Good Guys to allow a roof-mounted
cold-air balloon temporary promotional display for the grand opening of
The Good Guys, 6700 Amador Plaza Road (PA 58-075).
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10/20/88: The Dublin Planning Director approved a 30-day Administrative
Conditional Use Permit request for The Good Guys to allow a roof-mounted
cold-air balloon temporary promotional display to advertise special
sales events (PA 88-104).
APPLICABLE REGULATIONS:
Section 8-87.60c) (Signs Requiring Conditional Use Permits) states, in
part, that temporary promotional displays (banners, penannts, flags, balloons,
searchlights and similar advertising devices), when used for special
promotional events for periods that cumulatively do not exceed a maximum of
sixty (60) days annually, and on an individual promotional event basis do not
exceed fourteen (14) consecutive days of display, can be considered through
- the Conditional Use Permit process.
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 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 contingent 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 t'_ze City/County
Government.
ENVIRONMENTAL REVIEW: This project has been found to be Categorically
Exempt from CEQA under Section 15311, Class 11 of
the California Environmental Quality Act
Guidelines.
NOTIFICATION: Public Notice of the April 3, 1989, hearing was published in
The Herald, mailed to adjacent property owners, and posted in public
buildings.
ANALYSIS:
The Good Guys retail stereo and television sales store is requesting
Conditional Use Permit approval to allow the use of a 35' tall cold-air
balloon on the roof of their store located at 6700 Amador Plaza Road. The
- Appli..:,nt proposcc to ..ce "~e roof-mounted balloon-for special pr~mGtioriai '
events at their facility. The Good Guys would like to utilize the balloon. for
up to 60 cumulative days of special event advertising over a one-year period.
The City's sign regulations indicate that requests for the use of special
promotional diaplays (including roof-mounted cold-air balloons) for cumulative
periods up to a maximum of sixty (60) days over a one-year period, must be
considered through the Conditional Use Permit process.
-3-
10/20/88: The Dublin Planning Director approved a 30-day Administrative
Conditional Use Permit request for The Good Guys to allow a roof-mounted
cold-air balloon temporary promotional display to advertise special
sales events (PA 88-104).
APPLICABLE REGULATIONS:
Section 8-87.60c) (Signs Requiring Conditional Use Permits) states, in
part, that temporary promotional displays (banners, penannts, flags, balloons,
searchlights and similar advertising devices), when used for special
promotional events for periods that cumulatively do not exceed a maximum of
sixty (60) days annually, and on an individual promotional event basis do not
exceed fourteen (14) consecutive days of display, can be considered through
' the Conditional Use Permit process.
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 wor'{ing
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 contingent 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 tze City/County
Government.
EN-VIROtiMENTAL REVIE[J: This project has been found t~ be Categorically
Exempt from CEQA under Section 15311, Class 11 of
the California Environmental ~~uality Act
Guidelines.
NOTIFICATION: Public Notice of the April 3, 19&9, hearing was published in
The Herald, mailed to adjacent property owners, and posted in public
buildings.
ANALYSIS:
The Good Gu}'s retail stereo and television sales store is requesting
Conditional Use Permit approval to allow the use of a 35' tall cold-air
balloon on the roof of their store located ar 670 t:,...:1or Plaza Road. The
Applicant proposes to use the roof-mounted balloon f.,r special promotional
events at their facility. The Good Guys would like to utilize the balloon for
up to 60 cumulative days of special event advertising over a one-year period.
The City's sign regulations indicate that requests for the use of special
promotional diaplays (including roof-mounted cold-air balloons) for cumulative
periods up to a maximum of silty (60) days over a one-year period, must be
considered through the Conditional Use Permit process.
-3-
It should be noted that The Good Guys received two (2) previous
Administrative Conditional Use Permit approvals for the use of the roof-
mounted cold-air balloon. One approval was for their Grand Opening where they
utilized the balloon for a total of 30 days during their first 60 days of
business operations. The second approval allowed the use of the roof-mounted
balloon for a total 30 days of special advertising. However, only 20 days of
balloon advertising actually occurred because The Good Guys lost 10 days when
they were penalized for using the balloon five consecutive days longer than
the maximum seven consecutive days allowed by that approval.
The Applicant's request is consistent with provisions of the Downtown
Dublin Specific Plan, the Zoning Ordinance, and General Plan. The request has
been reviewed by the Police, Building and Public Works Departments. No issues
of concern were noted. Staff recommends that the request be conditionally
approved subject to the conditions of approval shown in Exhibit A, the draft
resolution of approval. Staff emphasizes that The Good Guys utilize the
balloon in total compliance with the conditions of approval.
RECOMMENDATION:
FOR"LAT: 1) Open public hearing and hear Staff presentation.
2) Take testimony from Applicant and the puolic.
3) Question Staff, Applicant and the public.
4) Close public hearing and deliberate.
5) Adopt draft resolution regarding PA 89-015, or give Staff
and Applicant direction and continue the matter.
ACTION: Staff recommends the Planning Commission adopt the Resolution
approving the Conditional Use Permit for The Good Guys PA 89-015.
ATTACHPtENTS:
Exhibit A: Draft Resolution approving Conditional Use Permit for PA 89-015
Background Attachments:
Attachment 1: Site Plan
Attachment 2: Elevation
Attachment 3: Photograph
Attachment 4: Zoning/Location Map
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RESOLUTION N0. 89 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 89-015 THE GOOD GUYS CONDITIONAL USE PERMIT TEMPORARY
PROMOTIONAL DISPLAY FOR A ROOF-MOUNTED COLD-AIR BALLOON - 60-DAY TIME FRAME,
6700 AMADOR PLAZA ROAD
WHEREAS, The Good Guys requested approval of a Conditional Use Permit
application to allow use of a temporary promotional display (a 35' tall, roof-
mounted cold-air balloon) for a cumulative period of up to 60 days within a
12-month period at 6700 Amador Plaza Road; and
WHEREAS, the Planning Commission did hold a public hearing on said
application on April 3, 1989; and
WHEREAS, proper notice of said public hearing was given in all respects
as required by law; and
WHEREAS, the application has been reviewed in accordance with the
provisions of the California Environmental Quality Act (CEQA) and has been
found to be categorically exempt; and
WHEREAS, the Staff Report was submitted recommending that the application
be conditionally approved; and
WHEREAS, the Planning Commission did hear and consider all said reports,
recommendations and testimony hereinabove 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 sar-aices.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does
hereby find:
A. The use serves the public need by providing use of temporary promotional
advertising display in conjunction with special promotional events at an
existing commercial facility (The Good Guys).
B. The use will be properly related to other land uses, 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 improvem=_nts 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 and Downtown Dublin
Specific Plan.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby
conditionally approve PA 89-015 as generally depicted by tie m~~~^ials from
April 3, 1989, Planning Conu~ission Staff Report labeled ~..~ibi?_'` _ud"`' --
Attachments 1, 2 and 3, on file with the Dublin Planning Department, subject to
compliance with the following conditions:
1. This approval is for the erection and use of a 35' tall roof-mounted
cold-air balloon with The Good Guys banner affixed to the balloon, to be
used by The Good Guys' retail facility located at 6730 Amador Plaza Road.
,1~~. ~ .
1
2. The roof-mounted cold-air balloon can be used for special promotional
events for periods that cumulatively do not exceed a maximum of sixty
(60) days during the one-year period of April 14, 1989 to April 13, 1990.
The use of the roof-mounted cold-air balloon shall not exceed three (3)
consecutive days of display at any time during the one (1) year approval
period. When displayed during weekend periods (i.e., use on a Friday,
Saturday, or Sunday), the roof mounted cold-air balloon may be used no
more frequently than two (2) consecutive weekends.
3. The location of the cold-air balloon on the roof of the building shall be
consistent with the location shown on the site plan submitted to and
dated received by the Planning Department on March 14, 1989. This plan,
if desired, may be modified or supplemented by submitting a revised plan
to the Planning Director for review and approval.
4. All temporary advertising displays established in accordance with this
permit shall be located, erected, and maintained in a manner that does
not create a physical hazard for either pedestrians or vehicles.
5. The Applicant shall provide written notice to the City of Dublin Planning
Department a minimum of four (4) calendar days prior to each promotional
event where the roof-mounted cold-air balloon is used. Said written
notice shall indicate the dates of use of the cold-air balloon. Written
notice shall be in the form supplied by the City (attached). 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 at all times during business hours for
review by City of Dublin Staff. Any displays utilizad on non-pre-
authorized days shall be counted against the length of this permit on a
two-day assessment for each one day of non-pre-authorized display and cav
result in revocation of the permit.
6. The balloon must be located on-site at the place where the business is
located.
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.
PASSED, APPROVED AND ADOPTED this 3rd day of April, 1989.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Director
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2780 Camino Diablo. Walnut Creek, CA 94596
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