HomeMy WebLinkAboutReso 124-91 DubCinemaSignVari RESOLUTION NO. 124 - 91
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING PA 91-046 DUBLIN CINEMA VARIANCE REQUEST TO MODIFY AND MAINTAIN A
FREESTANDING SIGN WHICH EXCEEDS THE MAXIMUM ALLOWABLE SIGN AREA AND TO
DEVIATE FROM FREESTANDING SIGN SETBACK REQUIREMENTS AT 7450 DUBLIN
BOULEVARD
WHEREAS, Fred Fallah, representing Dublin Cinema, filed a Conditional
Use Permit to allow a 25 foot tall changeable copy (readerboard)
freestanding sign and Variance application to modify and maintain the
existing illegal (per State law) freestanding sign which exceeds the
maximum allowable sign area and to deviate from setback requirements at the
Dublin Cinema site at 7450 Dublin Boulevard; and
WHEREAS, the Planning Commission did hold a public hearing on said
application on August 19, 1991; and
WHEREAS, the application has been reviewed in accordance with the
provisions of the California Environmental Quality Act (CEQA) and was
found to be Categorically Exempt under Sections 15301, Class l(g) and
15305, Class 5; and
WHEREAS, the Staff Report was submitted to the Planning Commission
recommending approval of the Conditional Use Permit and denial of the
Variance; and
WHEREAS, the Planning Commission did hear and consider all said
reports, recommendations and testimony hereinabove set forth; and
WHEREAS, on August 19, 1991, the Planning Commission adopted
Resolution No. 91-047, denying PA 91-046 Variance request and approving
Resolution No. 91-048 Conditional Use Permit request for the Dublin Cinema
freestanding sign; and
WHEREAS, the Property Owner appealed the Planning Commission
Resolution No. 91-047 action denying the Variance; and
WHEREAS, the City Council held a public hearing on the appeal on
October 10, 1991, and November 12, 1991; and
WHEREAS, proper notice of said public hearing was given in all
respects as required by law; and
WHEREAS, the Staff Report was submitted to the City Council
recommending the City Council deny the Variance; and
WHEREAS, at the November 12, 1991 Public Hearing, the City Council
directed Staff to prepare a Resolution with the findings for approval of
the variance request;
WHEREAS, The City Council heard and considered all reports,
recommendations and testimony hereinabove set forth and makes its findings
of facts based on such reports, recommendations and testimony.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does
hereby find that:
There are special circumstances including size, shape, topography,
location or surroundings, applicable to the property which would
deprive the property of privileges enjoyed by other properties in the
vicinity under the same zoning classification.
This finding is based on the following facts: The property is a
relatively flat parcel on 5.61± acres and is adjacent to both
Interstate Freeways 580 and 680. The property owner has dedicated
land for road improvements and widening along Dublin Boulevard in 1969
and 1980, and a Variance for the existing sign was approved by the
Alameda County Planning Commission in 1968 prior to the dedications.
The granting of the Variance would not constitute a grant of special
privilege inconsistent with the limitation upon other properties in
the vicinity and the PD (Planned Development) District.
This finding is based on the following facts: The Dublin Cinema
freestanding sign is a theatre marquee sign which requires changes of
text on a weekly basis indicating the movies being shown and to
announce the arrival of newly released films. Theatre marquee signs
are unique and are not similar to other retail type business signs
which indicate tenant identity and foster customer familiarity
associated with location. Additionally, another theatre in the city,
the Dublin General 6 Cinema, currently has two (2) existing theatre
marquee signs (wall and freestanding) which exceed the allowable sign
area as specified by the sign ordinance. Given this distinction,
theatre marquee signs are differentiated from other retail business
signs.
The granting of the Variance would not be detrimental to persons or
property in the vicinity or to the public welfare.
This finding is based on the following fact:
must comply with building code requirements.
The sign, if approved
BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby
approve PA 91-046 Dublin Cinema Freestanding Sign Variance request to
modify and maintain the existing freestanding sign which exceeds the
maximum allowable sign area and to deviate from setback requirements per
section 8-87.34B)2)a and b) and 8-87.34B)3)b and c) and does hereby require
the applicant obtain the necessary building permit approvals to modify the
existing freestanding sign as shown on Exhibit A, within 90 days of the
effective date of this approval.
PASSED, APPROVED AND ADOPTED this 25th day of November, 1991.
AYES:
Councilmember Burton, Howard, Jeffery, Moffatt and Mayor Snyder
NOES: None
ABSENT: None
ATTEST:
SlO,z~ COLD
· pROPOSED NEW SIGN ...:
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