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Home My WebLink AboutItem 6.1 SafewayGasStationCUP CITY CLERK File # D~mlâ·~[Q · AGENDA STATEMENT CITY COUNCIL MEETING DATE: August 2,2005 SUBJECT; ATTACHMENTS: 1. 2. 3. 4. 5. 6. 7. · RECOMMENDATION: 1. # 2. 3. 4. PUBLIC HEARING: PA 05-004 - Appeal of Planning Commission decision to deny the Safeway Conditional Use Pennit and Site Development Review for an amendment to the Master Sign Program to install an electronic gasoline price display sign at the Safeway Gas Station at 7499 Dublin Boulevard. Prepared by: Kristi Bascom, Senior Planner C>if- Letter of Appeal from Kirk Kessler (Young Electric Sign Co.) and Bruce Hunt (Safeway, Inc.) dated received July 6, 2005 Project Plans (4 pages) Planning Commission Staff Report dated June 14,2005 with Resolution attached Planning Commission Meeting Minutes for June 14, 2005 Planning Commission Staff Report dated June 28, 2005 without attachments Planning Commission Meeting Minutes for June 28, 2005 Planning Commission Resolution No. 05-038 denying a Conditional Use Permit and Site Development Review for an amendment to the Master Sign Program to install an electronic gasoline price display sign at the Safeway Gas Station at 7499 Dublin Boulevard . Open Public Hearing and Hear Staff Presentation; Take Testimony from the Applicant and the Public; Close Public Hearing and Deliberate; and Direct Staff to Either: a. Prepare a Resolution Affirming the Planning Commission decision· to deny the Conditional Use Permit and Site Development Review for an amendment to the Master Sign Program to install an electronic gasoline price display sign at the Safeway Gas Station at 7499 Dublin Boulevard and thereby denying the appeal; OR b. Prepare a Resolution Affirming the Planning Commission decision in part to deny the Conditional Use Permit and Site Development Review for an amendment to the Master Sign Program to install an electronic gasoline price display. sign at the Safeway Gas Station at 7499 Dublin Boulevard subject to modifications as stated by the City Council and thereby granting the appeal in part; OR · COPIES TO: Applicant Property Owner In House Distribution G:\PA#\200SIOS-004 s.tow,y Sign Amendment\CC Staff Repon,doc I trtJ3 ITEM NO. (ð.L c. Prepare aResolution Reversing the Planning Commission decision to deny the Conditional Use Permit and Site Development Review for an amendment to the Master Sign Program to install an electronic gasoline price display sign at the Safeway Gas Station at 7499 Dublin Boulevard and . thereby granting the appeal. FINANCIAL STATEMENT: None. PROJECT DESCRIPTION: The project site at 7499 Dublin Boulevard, comprised of 5.82 acres, is the site of a 55,256 square foot Safeway grocery store, 10,743 square feet of service and retail establishments, and an 18-pump Safeway gasoline station with a 314 square foot kiosk. The property is on the north side of Dublin Boulevard between Highway 680 and Amador Plaza Road, and is in the Downtown Core Specific Plan area. The proposed project consists of a Conditional Use Permit (CUP) and Site Development Review (SDR) to replace the existing gasoline price signage with new LED electronic displays. The single rnonument sign that displays the gasoline prices will not change except for the actual gasoline price numbers, which will change from a fixed display to an electronic display (See Attachment 2, Project Plans). The numbers will not flash or be animated in any way and shall only display the per gallon cost of three grades of gasoline. Safeway, Inc. desires to change the fixed prices signage to the LED electronic price display sign for two main reasons. First, an LED display will allow for the gas prices to be changed electronically inside the cashier enclosure, increasing safety for the attendant. Second, according to the Applicant, LED products are approximately 90% more energy efficient than fluorescent or incandescent lighting. . ANALYSIS: Conditional Use Permit This item came before the Planning COrn1IÙssion on June 14, 2005 because Chapter 8.84 of the Zoning Ordinance (Sign Regulations) requires that any business sign on which the copy is electronically changed (Electronic Readerboard Signs) be reviewed and approved by the Planning Corn1IÙssion. Although the gasoline price display sign is not a typical Electronic Readerboard Sign in that it will not display text, animated symbols, or flash information, this is the only section of the Zoning Ordinance that pertains to electronic signs, therefore all electronic signs are subject to Planning Commission review and approval. Staff recommended approval of the project because the actual use of the property was not changing and it was still in conformance with the original Conditional Use Permit and Site Development Review approved by the City Council on March 6, 2001 (FA 00-034 and City Council Resolution No. 33-01). Site Develonment Review A Master Sign Program/Site Development Review is required for all new retail, office, or industrial complexes on four or more acres having a gross floor area of 40,000 square feet or more. The Master Sign Program for the Safeway Center at 7499 Dublin Boulevard was approved by Community Development Department Staff on February 4, Z002and became final and effective on February 14, 2002. Since the change to the gasoline price display sign is a change to what was approved in the Master Sign Program, this application included a request to amend the Master Sign Program/Site Development Review . approval as welL Because the proposed change to the sign is limited to the actual gasoline price numbers, which will change,ftom a fixed display to an electronic display, and no other changes are being proposed, d.Vb3 Staff found that the amendment as proposed was in conformance with the original Master Sign Program and the Conditions of Approval approved by Staff on February 4, 2002 (PA 01-036). . Planning Commission Decision The Planning Commission heard the proposed project at their meeting on June 14,2005 (Attachment 3). At thÎs meeting the public hearing was held and the Commissioners discussed the item. The Planning Commission closed the public hearihg, deliberated, voiced their concern that the new sign would cause excessive traffic, and passed a motion by a 4-1 vote to direct Staff to return to the next Planning Conunission meeting with a resolution for denial (Attachment 4). Staff retumed to the June 28, 2005 Planning Commission meeting with said resolution, which the Planning Commission considered as a consent calendar item (Attachments 5 and 6). At the June 28, 2005 Planning Commission meeting, the Planning Commission adopted Resolution 05-38 by a vote of3-0 with two members absent (Attachment 7). Applicant's Letter of APpeal On June 6, 2005 the City Clerk received a Letter of Appeal co-signed by Kirk Kessler of Young Electric Sign Company (Applicant) and Bruce Hunt of Safeway, Incorporated (Property Owner) requesting an appeal of the June 28, 2005 decision of the Planning Commission. The basis of the Applicant's appeal is detailed in Attachment 1. Staff did not prepare a response to the points raised in the appeal letter as they were primarily issues the Applicant desired to bring to the attention of the decision-makers as opposed to questions or items that merited comment or clarification by Staff. According to Chapter 8.136 of the Zoning Ordinance (Appeals), the City Council's consideration of the appeal request is limited to "only those issues involving the matters that are the specific subjects of the appeal" and that "any additional conditions of approval adopted must address the specific subject of the I" appea. . ENVIRONMENTAL REVIEW: The project has been reviewed under the California Environmental Quality Act, (CEQA), State CEQA Guidelines and the Dublin Environmental Guidelines, and the project has been found to be Categorically Exempt from the California Environmental Quality Act (CEQA), according to the CEQA Guidelines Section 15301 (Minor alteration of existing facilities). RECOMMENDATION: Staffrecommends that the City Council (1) Open Public Hearing and Hear Staff Presentation; (2) Take Testimony from the Applicant and the Public; (3) Close Public Hearing and Deliberate; and (4) Direct Staff to Either: (4a) Prepare a Resolution Affirming the PiaDnlng Commission decision to deny the Conditional Use Permit and Site Development Review for an amendment to the Master Sign Program to install an electronic gasoline price display sign at the Safeway Gas Station at 7499 Dublin Boulevard and thereby denying the appeal; OR (4b) Prepare a Resolution Affirming the Planning Commission decision in part to deny the Conditional Use Permit and Site Development Review for an amendment to the Master Sign Program to install an electronic gasoline price display sign at the Safeway Gas Station at 7499 Dublin Boulevard subject to modifications as stated by the City Council and thereby granting the appeal in part; OR (4c) Prepare a Resolution Reversing the Planning Commission decision to deny the Conditional Use Permit and Site Development Review for an amendment to the Master Sign Program to, install an electronic gasoline price display sign at the Safeway Gas Station at 7499 Dublin Boulevard and thereby granting the appeal. e ~~ JUL Ub-¿UU~ Wt~ U,j;D4 rn )!'.;:,vu I i Pb 217 '.. .l 7'· ~l Ä .' / .... '.._ ' ¡ i', ,/. ." ')' ·'1' /\, l~· ',.I ....'.1.. !. \. 4,,.,' 'It,.~(" (. ^', ,,"'.+ (','., , . "1 :1," , y )'1. , r ~'" YOUNG ElECTRIC SIGN COMPANY salt Lake Division A01.4SJ.8,¡a1 or ~01·4a8-1J51 Telephono 601",6)-3447 fax July 5, 2005 , 1t1¡1 ~DUIh 300 Wel>\ P.O, ao, m2S S!I'[ Lake City, Urnh B4125·Qna Kristi Basoom Senior Plannel" City of Dublin 100 Civic Plaza Dublin, CA 94568 RE: PA 05-004 Safeway Conditional Use Pe it and Site Development Review This is our formal request to appeal the deoi ion by the City of Dublin Planning Commission regarding OUT appiicatio refO::Tenced above. This is in acoordance with your guidelines noted in Chapter 8.136, Appeals. 1 We are appealing the decision based on Sl'Vtal key i~ms. I · We worked with City of Dublin staff on the original request and agr~ with their decisioD to reoommend a~proval. · This request is consistent with Chan4es mllde at all of our Northern California locations. · The requested changes provides insht communications to the price signs via wirele:ss technology (Le. n additional dredging would be required). This provides a quicker d safer method for posting current fuel prices. .. The requested change reduces the three times a week our price munbe and frustrations amongst our shopp ft of our numeric signs. Two lei signs are stolen causing confwrioD s. · The requested ohangoo offers incre ed visibility (especially at night and during t:Iw rain) that mayelimi. te any confusion to our elderly customo::rs. Additionally the iDCreas d visibility may help reduce traffic slow-down on Dublin Blvd. as cons ers attempt to read our price sign. "'B-;2-D=> ",I ATTACHMENT I 07/0612005 WED 1452 [TX/RX NO 9389] IiJJ 002 ,.,VL.-UU-'-.UU;J rn:,LJ u..),~i,) fl1 rr.ùvv r Mh 11V, OU ~O I .:>~~ I f. U.,j/ U.:> 2. ~."J .'5. The requested change to the sign pro !cs a more efficient use of power and elîmimrtes the needed dls osal of fluoresœnt lamps. The requested change is consisteD.tlth our on-going commitment to our "GREEN" initiative at all of our ocations. Note: our statiOtlS will soon be powered 100% by Wind En gy. · · · The requested change has not sb any of our other locations. to be detrimental to traffic flow in · The deuiaJ was based on ilSsurnption and is not consistent with our request and the recommendation of e staff. We look forww-d to discussing this request and the earlîest possible date convenient to the Council and staff. s~ Kirk P. Kessler Young Electric Sign Company Safeway. Inc. 07/06/2005 WED 14: 52 [TX/RX HD 9989 J ~ 009 · · ·