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HomeMy WebLinkAbout6.1 Attachment 1 - Resolution Approving Regal Theater Master Sign Program/SiteRESOLUTION NO. 21-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING THE REGAL THEATER MASTER SIGN PROGRAM/SITE DEVELOPMENT REVIEW PERMIT AND CONDITIONAL USE PERMIT (APN 986-0008-001-00) PLPA-2020-00046 WHEREAS, the Applicant, David Ford, representing Regal Theater, is requesting approval of a Master Sign Program/Site Development Review Permit and Conditional Use Permit for the Regal Theater within the Hacienda Crossings Shopping Center, located at 5000 Dublin Boulevard. The Master Sign Program/Site Development Review Permit would establish standards for proposed wall signs and the Conditional Use Permit would permit a proposed electronic reader board sign (the “Project”); and WHEREAS, the project site has a General Plan land use designation of General Commercial and is located within a Planned Development zoning district; and WHEREAS, the Regal Theater is a permitted use in the Planned Development zoning district, under Resolution No. 06-95, which was approved by the City Council on January 31, 1995; and WHEREAS,the California Environmental Quality Act (CEQA), together with CEQA Guidelines and the City of Dublin CEQA Guidelines and Procedures, require certain projects be reviewed for environmental impacts and environmental documents be prepared when applicable; and WHEREAS,pursuant to CEQA Guidelines, the Project is categorically exempt under Section 15311 (Accessory Structures) because the exemption includes the construction or replacement of minor structures accessory to existing commercial facilities, including on-premise signs; and WHEREAS,the Project plans, attached as Exhibit A to this Resolution, illustrate the proposed sign area, quantity, height, and location on the existing building; and WHEREAS,a Staff Report, dated May 25, 2021, was submitted recommending that the Planning Commission approve a Master Sign Program/Site Development Review Permit and Conditional Use Permit for the Project; and WHEREAS, on May 25, 2021, the Planning Commission held a public hearing to consider the Project at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and use independent judgement and considered all said reports, recommendations, and testimony hereinabove set forth. Attachment 1 14 2 of 8 NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin hereby makes the following findings and determinations regarding the Master Sign Program: A.The Master Sign Program contributes to overall design quality and the effective and attractive identification of the Regal Theater building. B.The Master Sign Program is compatible with the style and character of the existing and approved improvements surrounding the sign locations. The proposed signs are compatible with the design of the building’s architectural elements, the size and scale of the proposed wall signs and proposed electronic reader board signage is appropriate for the building façades on which they are located, and the proposed signs are compatible with each other. C.The Master Sign Program conforms to the Design Criteria in Dublin Municipal Code (DMC) Section 8.84.060 in that: 1) the signs have been designed at a compatible scale to the building and the immediate surroundings; and 2) the sign concepts will ensure coordination in color, style, and font to create an aesthetically pleasing sign program to complement the Regal Theater. BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin hereby makes the following findings and determinations regarding the Site Development Review Permit: A.The proposal is consistent with the purpose of DMC Chapter 8.104, and with the General Plan in that: 1) the proposed signage will promote orderly, attractive, and harmonious identification of the Regal Theater with a coordinated program; and 2) the proposed signage is consistent with the purpose and intent of DMC Section 8.84 (Sign Regulations) as it provides effective and attractive business identification. B.The proposal is consistent with the provisions of Title 8, Zoning Ordinance because: 1) the proposed signs comply with the intent and purpose of DMC Chapter 8.84; and 2) the proposed wall signs and proposed electronic reader board sign are designed to complement the building façades and surrounding site on which they are located. C.The design of the proposed signage is appropriate to the City, surrounding properties, the shopping center, and the lot in which the Project is proposed because: 1) the Master Sign Program/Site Development Review Permit provides criteria for the sign location, design, height, and width which will ensure a consistent design scale is used; and 2) signage is appropriate in the locations noted in the Master Sign Program/Site Development Review Permit for their visibility from the public right-of-way, and do not impede traffic conditions in relation to traffic safety, circulation, and visibility. D.The subject site is physically suitable for the type and intensity of the proposed signage which supports the installation of the proposed signs. E.The proposed signage will not impact existing slopes and topographic features because no grading will be required for the installation of the signage. 15 3 of 8 F.Architectural considerations including the character, scale, and quality of the design, site layout, the architectural relationship with the site and 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 Master Sign Program establishes the location, size, quantity, and design of all signs to ensure they are compatible with the site and the architectural elements of the building. G.The proposed signage does not impact any existing landscaping. H.The design of the building was reviewed and approved with the Building Permit for recently completed renovations to ensure proper circulation for accessibility and the Master Sign Program/Site Development Review Permit does not impact that design. I.Approval of the proposed signage has no impact to the Public Art Program Contribution requirements provided in DMC Chapter 8.58. BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin hereby makes the following findings and determinations regarding the Conditional Use Permit to allow an electronic reader board sign: A.The proposal is consistent with the purpose of DMC Chapter 8.100, and with the General Plan in that the proposed electronic reader board sign is compatible with other land uses, transportation and service facilities in the vicinity in that: 1) it is located on a parcel that is developed with a commercial use; 2) it will provide members of the community with images of on-site services associated with the Regal Theater; and 3) Conditions of Approval limit noise and nuisance around the project site, to ensure on-going compatibility with the site surroundings. B.The proposed electronic reader board sign 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) all copy associated with the proposed electronic reader board sign will be limited to permitted on-site activities; and 2) Conditions of Approval will ensure on-ongoing compatibility with the site’s surroundings. C.The proposed electronic reader board sign will not be injurious to property or improvements in the neighborhood in that it will be located on the existing building and Conditions of Approval will ensure advertising is associated with the Regal Theater activities. D.There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure the proposed electronic reader board sign would not be detrimental to the public health, safety, and welfare in that: 1) pedestrian and vehicle access is provided to the site from existing sidewalks on Dublin Boulevard and Hacienda Drive, and throughout the shopping center; and 2) the electronic reader board sign will not impact existing public utilities, services, and infrastructure. 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 proposed electronic reader board sign is located on a parcel developed with a commercial use and 2) the proposed electronic reader board sign is appropriate and subject to Conditions of Approval. 16 4 of 8 F.The proposed electronic reader board sign 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) a theater use is permitted and present within the existing building; 2) the installation of the proposed electronic reader board sign is associated with the theater and will be positioned on the exterior of the building; and 3) the signage is proposed on an existing commercial building on a fully developed site. G.The proposed electronic reader board sign is consistent with the Dublin General Plan and with any applicable Specific Plans in that: 1) the General Plan land use designation is General Commercial which allows a range of commercial uses consistent with the Planned Development zoning; and 2) the theater and associated signage is permitted. BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin hereby approves a Master Sign Program/Site Development Review Permit and Conditional Use Permit for the establishment and operation of wall signs and an electronic reader board sign for the Regal Theater within the Hacienda Crossings Shopping Center, located at 5000 Dublin Boulevard, as shown on the project plans dated September 14, 2020, and included as Exhibit A, subject to the following conditions: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits 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] City of Dublin Fire Prevention Bureau; [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: GENERAL 1.Approval.The Master Sign Program (MSP)/Site Development Review (SDR) Permit and Conditional Use Permit (CUP) are for Regal Theater and its associated activities, located at 5000 Dublin Boulevard (PLPA-2020-00046), and shall conform to the Project Plans prepared by Ramsay Signs, dated September 14, 2020, stamped approved and on file in the Community Development Department, and other plans, text and diagrams relating to this application, unless otherwise modified by the Conditions of Approval contained herein. PL On-going 17 5 of 8 2.Applicability.Any new or proposed signs shall be subject to review by the Community Development Department for conformance with this MSP/SDR/CUP. Regulatory signs, defined by State and Federal law, may be modified without review and may be installed without further Planning review. PL On-going 3.Permit Expiration.Approval of this MSP/SDR/CUP shall be valid for one year from the effective date. Construction shall commence within one (1) year of Permit approval or the Permit shall lapse and become null and void. 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 Zoning Ordinance. PL One year After Effective Date 4.Time Extension.The original approving decision- maker may, upon the Applicant’s written request for an extension of approval prior to expiration, upon the determination that all Conditions of Approval remain adequate and all applicable findings of approval will continue to be met, grant an extension of the approval for a period not to exceed six (6) months. All time extension requests shall be noticed, and a public hearing shall be held before the original hearing body. PL Prior to Expiration Date 5.Clarifications to the Conditions of Approval.In the event that there needs to be clarification to the Conditions of Approval, the Director of Community Development and the City Engineer have the authority to clarify the intent of these Conditions of Approval to the Applicant/Developer without going to a public hearing. The Director of Community Development and the City Engineer also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Applicant/Developer to fulfill needed improvements or mitigations resulting from impacts to this project. PL On-going 6.Fees. The Applicant/Developer shall pay all applicable fees in effect at the time of building permit issuance, including, but not limited to, Planningfees, Building fees; or any other fee that may be adopted and applicable. PL Building Permit Issuance 18 6 of 8 7.Modifications.All signage, except for regulatory signs, shall be subject to review by the Community Development Department for conformance with this MSP/SDR/CUP. Modifications to this MSP/SDR/CUP 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. Regulatory signs, defined by State and Federal law, may be modified without review and may be installed without further Planning review. PL On-going 8.Hold Harmless/Indemnification. The Applicant/Developer shall defend, indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that the Applicant/Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Applicant/Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. PL On-going 9.Clean-up. The Applicant/Developer shall be responsible for clean-up and disposal of project related trash to maintain a safe, clean, and litter-free site. PL On-going 10.Graffiti. At all times, the Applicant and/or Property Owner shall keep the site clear of graffiti and other forms of vandalism on a regular and continuous basis. Graffiti resistant materials should be used. PL On-going 11.Revocable for Cause.This MSP/SDR/CUP shall be revocable for cause in accordance with Section 8.96.020.I and Chapter 8.84 (Sign Regulations) of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. PL On-going 12. Banners and Balloons.Banner Signs, Balloons, and other temporary signs shall only be permitted after first securing an approved Zoning Clearance. Any signage on site shall be subject to the sign requirements contained in the City of Dublin Municipal Code. PL On-going 19 7 of 8 13.Damage/Repair. Any damage to existing improvements and/or landscaping as the result of the installation of the new signs shall be repaired to the satisfaction of the Community Development Director and/or Public Works Director prior to final inspection. PL On-going PROJECT SPECIFIC 14. Zoning Clearance Required. Prior to the installation of any non-regulatory signage, a Zoning Clearance shall be applied for and approved. A scaled and dimensioned detail of each location where a sign is proposed shall be submitted for review. All signs shall be reviewed for conformance to this MSP/SDR/CUP approval and for safe placement that does not obstruct the site distance of motorists. Regulatory signs, defined by State and Federal law, may be modified without review and may be installed without further Planning review. PL Issuance of Building Permit 15. Sign Maintenance. All signs shall be well-maintained in an attractive manner and in accordance with the approved plans. Any chipping, cracking or weathering of any portion of the signs shall be repaired in a timely manner. PL On-going 16.Safety. If, at any time, a sign approved under this MSP/SDR/CUP is determined by the City to create a safety hazard to pedestrians or automobiles, then it shall be promptly removed upon request. PL On-going 17.Noise/Nuisances.The Applicant shall not emit noise from the electronic reader board or any other sign to prevent disturbance or endanger the health, repose peace or safety of any person present in the area. PL On-going BUILDING AND SAFETY DIVISION 18.Electrical and Nonelectrical Signs. All electrical signs require a building permit from the Building and Safety Division. All ground-mounted signs that are 8 feet or taller require a building permit, as well as structural and wind load calculations. B Issuance of Building Permits 19. Building Codes and Ordinances. All project construction shall conform to all building codes and ordinances in effect at the time of building permit. B Through Completion 20.Construction Drawings. Construction plans shall be fully dimensioned (including sign elevations) accurately drawn (depicting all existing and proposed conditions on site), and prepared and signed by a California licensed Architect or Engineer. All structural calculations shall be prepared and signed by a California-licensed Architect or Engineer. B Issuance of Building Permits 20 8 of 8 PASSED, APPROVED AND ADOPTED this 25 th day of May 2021 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Kristie Wheeler Assistant Community Development Director 21