HomeMy WebLinkAboutItem 6.1 Dublin Cinema Freestanding Sign Variance (2) CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 12 , 1991
SUBJECT: PA 91-046 Dublin Cinema Freestanding Sign Variance
Appeal
REPORT PREPARED BY: Ralph Kachadourian r^
Assistant Planner/Zoning Investigator
EXHIBITS ATTACHED: Exhibit A: Site/Elevation Drawings
Exhibit B: Draft Resolution Upholding Planning
Commission Action Denying Variance
Request
Attachment 1 : Planning Commission Resolution No.
91-047 Variance Request Denial
Attachment 2 : Planning Commission Resolution No .
91-048 Conditional Use Permit
Approval
Attachment 3 : Applicant ' s written Statement for
PA 91-046 Dated June 12 , 1991
Attachment 4 : Letter of Appeal dated August 27 ,
1991
Attachment 5 : Alternate Sign Locations Map
Attachment 6 : Location/Zoning Map
RECOMMENDATION: 1) Open Public Hearing and Hear Staff
Presentation.
2 ) Take Testimony from Applicant and the Public .
3 ) Question Staff, Applicant and the Public .
4 ) Close Public Hearing and Deliberate.
5) Adopt Resolution (Exhibit B) Upholding the
Iv" Planning Commission Action Denying the
Variance Request or Give Staff and Applicant
Direction and Continue the Matter.
ITEM NO. COPIES TO: General/Agenda File
[ ) Applicant/Owner
Project Planner
Senior Planner
CITY CLERK
0 11 C I I a I 77)-P-77/7�),]
DESCRIPTION:
Background
On December 30, 1968, the Alameda County Planning Commission approved
a Variance (V-4662 ) for the existing Dublin Cinema freestanding sign. The
existing freestanding sign is 34 feet in height, has approximately 516
square feet of sign area including changeable sign copy (readerboard) and
is set back 30 feet from the front property line along Dublin Boulevard and
is set back approximately 140 feet west of the Interstate 680 right-of-way.
Section 8-87 . 71c) Nonconforming Signs, requires all signs rendered
nonconforming by the sign ordinance, including those previously approved
through a Variance or Conditional Use Permit, to be brought into
conformance by June 1989 .
Section 8-87 . 73E) allows the Planning Director to grant an extension
of time not exceeding a total of three ( 3) years from the date the signs
become nonconforming. Three-year time extensions have been granted to all
nonconforming sign locations which requested an extension period.
This sign is currently considered an illegal sign under State law.
The sign was initially considered ( legal) nonconforming per the Zoning
Ordinance Section 8-87 . 71c) since the property owner did not bring the sign
into conformance within the required time frame. Additionally, the
property owner did not request an extension of time to bring the sign into
conformance as allowed under the ordinance; therefore, the Property Owner
is not entitled to an extension and must bring the sign into conformance
with the Zoning Ordinance. Since June, 1989 , Staff has been meeting and
working with the Property Owner and Applicant to bring the existing illegal
sign (per State law) into conformance with the ordinance.
On June 27 , 1991, the Applicant submitted an application request for
approval of PA 91-046 Conditional Use Permit and Variance to modify and
maintain the existing Dublin Cinema freestanding sign.
On August 19 , 1991 the Planning Commission approved the Conditional
Use Permit subject to compliance with the Zoning Ordinance provisions of
Section 8-87 . 34 governing height, setback, location and size of
freestanding signs and denied the Variance request to deviate from setback
requirements and to exceed the maximum permitted sign area (see Attachments
1 and 2 Planning Commission Resolutions ) .
On August 27 , 1991, the Property Owner appealed the Planning
Commission' s action denying the Variance (Attachment 4 ) . The Property
Owner is only appealing the Variance denial and not the Conditional Use
Permit approval . This item was noticed for public hearing at the October
10 , 1991 , City Council meeting and was continued at the request of the
Applicant.
ANALYSIS
The Applicant proposes to modify the existing sign by reducing the
height of the sign to 25 feet and removing the 148 square foot Dublin
Cinema hexagonal sign face . The Dublin Cinema name would be attached to
-2-
the top of the readerboard with no changes proposed to the existing size of
the readerboard. The existing location of the sign would remain the same.
These proposed modifications would reduce the existing sign area from 516
square feet to a total of 496 square feet (248 square feet per face) .
Under the Ordinance, the maximum permitted sign area for the
freestanding sign at its present location (based on a 30-foot setback) is
180 square feet ( 90 square feet per face) . The Applicant is requesting
approval of a sign which would more than double the permitted sign area
( 496 square feet compared to 180 square feet equals 276 percent increase
over the permitted sign area) .
The Property Owner has specified in his written statement and letter
(Attachment 4 ) that Dublin Cinema' s ability to compete in the market should
not be constrained by the City' s attempt to eliminate, reduce or modify the
existing sign. The Property Owners appeal (Attachment 4 ) is based on
grounds that the Dublin Cinema sign was approved by the Alameda County
Planning Commission 23 years ago, and that granting of the Variance would
not constitute any special privilege since the peculiar nature of the
theater business requires the weekly change of sign copy.
In order for the Applicant to exceed the maximum permitted sign area
and setback requirements, a Variance must be granted based upon three
findings of fact.
Staff and the Planning Commission recommend denial of the Variance
request based upon the following findings of fact:
1 . There are no 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 in that the property is
5 . 61+ acres , which is a relatively flat rectangular parcel with direct
access and frontage on Dublin Boulevard, which is designated as an
arterial street in the City' s General Plan and situated in the
vicinity of both Interstate Freeways 580 and 680 . The property is
similar in location and topography to other properties in the
vicinity. The Applicant ' s finding is based on economic considerations
and not physical features .
2 . The granting of the Variance would constitute a grant of special
privilege inconsistent with the limitations upon other properties in
the vicinity in that all properties and businesses must comply with
the City' s Sign Ordinance regulating the size, height, and location of
all signs within the city unless all findings of fact are made.
Granting a Variance to allow the freestanding sign to exceed the
maximum permitted sign area would constitute a grant of special
privilege in that there are other locations on the property to erect a
freestanding sign which would not require granting a Variance and
would be consistent with the City' s Sign Ordinance.
3 . The granting of the Variance would not be detrimental to persons or
property in the vicinity or to the public welfare in that if the sign
is approved, it would be required to comply will all building code
regulations .
-3-
Several options are available to the Applicant and Property Owner to
maintain adequate signage on the site in conformance with the Sign
Ordinance. Staff has identified the following three options :
(Attachment 5 )
Option #1 : Reduce the total area of the sign to 180 square feet ( 90
square feet per face) . The sign would be 25 feet in height
and would remain in its existing location. A Variance would
not be required.
Option #2 : Relocate the sign approximately 90 feet south of the
property line within the landscape planter. This location
would allow the sign the maximum 35 feet in height and allow
the maximum 300 square feet ( 150 square feet per face) of
sign area as provided by the Sign Ordinance. A Variance
would not be required.
Option #3 : Install a 275 square foot (approximate) changeable copy
readerboard wall mounted sign on the north building
elevation facing Dublin Boulevard, combined with a 6 ' tall,
24 square foot low profile alternate freestanding sign
identifying Dublin Cinema name. A Conditional Use Permit
for the readerboard and Site Development Review for the low
profile alternate freestanding sign would be required. A
Variance would not be required.
The aforementioned options are consistent with the Sign Ordinance with
regards to area, setback and height requirements . The following 4th
option, if the Applicant chooses the option, would require Planning
Commission action:
Option #4 : Request a Conditional Use Permit approval for a minor
modification to the Planned Development Sign Regulations to
allow a freestanding sign with a maximum sign area of 300
square feet and a maximum height of 25 feet at the existing
location, set back 30 feet from the front property line. A
Variance would not be required. However, if the Applicant
requests a maximum sign area larger than the 300 square feet
permitted by the sign ordinance, an amendment to the Planned
Development would be necessary since that request would not
be considered a minor modification to the Planned
Dev4:lopment .
Attached for City Council consideration is a Draft Resolution
(Exhibit B) upholding the Planning Commission' s action denying the Dublin
Cinema Freestanding Sign Variance and requiring the sign be brought into
compliance with the City Sign Ordinance within 90 days .
Staff recommends the City Council adopt Exhibit B upholding the
Planning Commission' s action denying the Variance, or give Staff and the
Applicant direction and continue the item.
-4-
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RESOLUTION NO. 91 -
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
----------------------------------------------------------------------
UPHOLDING THE PLANNING COMMISSION ACTION DENYING 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 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 1(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 uphold the Planning Commission action
denying the Variance; and
WHEREAS, The City Council heard and considered all reports ,
recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does
hereby find that :
1 . There are no special circumstances including size, shape, topography,
location or surroundings, applicable to the property which deprive
the property of privileges enjoyed by other properties in the vicinity
under the same zoning classification in that the property is 5 . 61+
acres , is a relatively flat rectangular parcel with direct access and
frontage on Dublin Boulevard and in the vicinity of both Interstate
Freeways 580 and 680 . The property is similar in location and
topography to other properties in the vicinity.
2 . The granting of the Variance would constitute a grant of special
privilege inconsistent with the limitations upon other properties in
the vicinity in that all properties and businesses must comply with
the City' s Sign Ordinance regulating the size, height, and location
of all signs within the City unless all findings of fact are made.
Granting a Variance to allow the freestanding sign to exceed the
maximum permitted sign area would constitute a grant of special
privilege in that there are other locations on the property to erect
a freestanding sign which would not require granting a Variance and
would be consistent with the City' s Sign Ordinance.
3 . The granting of the Variance would not be detrimental to persons or
property in the vicinity or to the public welfare in that if the sign
is approved it would be required to comply with all building code
regulations .
BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby uphold
the Planning Commission action denying PA 91-046 Dublin Cinema Freestanding
Sign Variance request to modify and maintain an existing illegal (per State
law) freestanding sign which exceeds the maximum allowable sign area and to
deviate from setback requirements per Sections 8-87 . 34B) 2 )a and b) and 8-
87 . 34B) 3)b and c) and does hereby require the Applicant to bring the
existing freestanding sign into conformance with the City' s Sign Ordinance
within ninety ( 90 ) days of the effective date of this denial . Failure to
bring the sign into conformance within the specified time may result in
nuisance abatement procedings to remove the existing sign.
PASSED, APPROVED AND ADOPTED this 12th day of November, 1991 .
AYES :
NOES :
ABSENT:
Mayor
ATTEST:
City Clerk
2
RESOLUTION NO. 91 - 047
A RESOLUTIO14 OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN --____
DENYING PA 91-046 DUBLIN CINEMA VARIANCE REQU X MUM
TO ALLOWABLE AND
MAINTAIN A FREESTANDING SIGN WHICH EXCEEDS THE
AREA AND TO DEVIATE FROM FREESTANDN SIGN SETBACK REQUIREMENTS AT
7450 DUBLIN
WHEREAS , Fred Fallah, representing Dublin Cinema, filed a
Conditional Use Permit and Varianandinng sign which modify
which exceedsathemmaximum
an existing non-conforming frees g
nBoulevardbaandrequirements at the
allowable sign area and to deviate
Dublin Cinema site at 7450 Dub
WHEREAS, the Planning Commission did hold a public hearing on
said application on August 19 , 1991 ; and
proper notice of said public hearing was given in all
WHEREAS , p ro p and
respects as required by law;
WHEREAS, the application has been reviewed lin acco (ddanc ithwas the
provisions of the California Eniuoaernsect�ons 15301, Class 1 (g} and
found to be Categorically Exempt
15305 , Class 5; and
WHEREAS , the Staff Report was submitted recommending that the
Planning Commission deny the Variance request; and
WHEREAS, the Planning Commission did hear and consider all said
reports , recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT. RESOLVED THAT THE Dublin Planning
Commission does hereby find that:
1 . There are no special circumstances including size, shape,
topography,
location or surroundings , applicable to the
privileges enjoyed by
property which deprive the property of p
other properties in the vicinity under the same zoning
classification in that the property is 5 . 61+ acres , and a
relatively flat rectangular parcel with direct access and
frontage on Dublin Blvd. and in the vicinie�tyfibOsimilar in
Interstate Freeways 580 and 680 .
properties in the vicinity.
location and topography to
2 . The granting of the Variance willconstitititatgrantuof
special privilege inconsistent with
other properties in the vicinity in that all properties and
businesses must comply with the City' s Sign Ordinance
regulating the size, height, and location of all signs
within the city unless allow lthe ng r d
freestandingsignto exceed
Granting a Variance to
as
_ 1 _ ATTACHMENT
the maximum permitted sign area does constitute a grant of
special privilege in that there are other locations on the
property to erect a freestanding sign which would not
require granting a Variance and would be consistent with the
City' s Sign Ordinance.
3 . The granting of the Variance will not be detrimental to
persons or property in the vicinity or to the public welfare
in that if the sign is approved it will be required to
comply with all building code regulations .
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby deny PA 91-046 Dublin Cinema freestanding sign variance request
to modify and maintain an existing non-conforming freestanding sign
which exceeds the maximum allowable sign area and to deviate from
setback requirements per Sections 8-87 . 34B) 2) a and b) and 8-87 . 34B) 3 )b
and c) and does hereby require the Applicant to bring the existing
freestanding sign into conformance with the City' s Sign Ordinance
within ninety ( 90) days of the effective date of this denial . Failure
to bring the sign into conformance within the specified time may
result in the issuance of a citation.
PASSED, APPROVED AND ADOPTED this 19th day of August, 1991 .
AYES : Commissioners Barnes, Burnham, Rafanelli and Zika
NOES : Commissioner North
ABSENT: None
Planning Commiss do Chairperson
ATTEST:
I
lanning Director
- 2 -
RESOLUTION NO. 91 - 048
A RESOLUTION OF THE PLANNING COMMISSION
OF TEE CITY OF DUBLIN ---- -----
APPROVING PA 91-046 DUBLIN CINEMA FREESTANDING CHANGEABLE COPY SIGN
CONDITIONAL USE PERMIT AT 7450 DUBLIN BOULEVARD.
WHEREAS ,
Fred Fallah, representing Dublin Cinema filed an
app for a Conditional Use serniwhich exceedsnthetmaximumy and
PP
maintain an existing freestanding g
deviateiVa '
from setback requirements at the
allowable sign area and to ublin B
Dublin Cinema site at 7450 D
WHEREAS , the Planning Commission did hold a public hearing on
1991; and
said application on August 19 ,
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 and iu
provisions of the Californian Quality Act
ClasQsA5 , and
found to be Categorically Exempt
15301, Class 1 (g) , and
WHEREAS , the Staff Report was submitted recommending ns ; ande
application be conditionally approved, subject to conditions ;
WHEREAS , the Planning Commission did hear and consider all said set
reports , recommendations and
testimony
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does hereby find that:
providing
project will serve a public need by P
A. The proposed p ro j
theatre identification to the general public and the
community.
B. The use will be properly related to other land uses and
aG
transportation and service facilities s to n the e typelandynatur=
the proposed sign will be comp
of signs typically found in the neighborhood.
C . The use, under all circumstances and onditionsaOfectlthe
particular case, will not materially
adversely f
health or safety of persons residing or working in the
vicinity, or be materially
detrimental to the public welfare
or injurious to property or improvements in the
neighborhood, as all applicable regulations will be met .
D. The use wil'1 not be contrary to the specific intent clause-S
or performance standaadrdeinabhathconditions district
beenln
which it is to be loc
re conformance with the Zoning Ordinance .
applied to ensu
ATTACHMENT �.
IT FURTHER RESOLVED THAT THE DuDubliPlCinema changeable copy
BE approve PA 91-046
hereby conditionally pp
ndin sign a labeled file
freestanding s shown by Department/ sub J ct to the following
with the Dublin Planning Deg
conditions .
CONDITIONS OF APPROVAL:
Unless
stated otherwise , all Conditions of AtproraestablisbhmentmOf1ed
with rior to the issuance of buildna par ntnta encies res onsible
all be subject to Plannin Department review and a proble
use , and
-Shall [PL
The followin COcrosliapcesoftthe°conditions of approval . ,
for monitorin PO police, PW Public Piorks , AD.
Plannin B
Building , F Dou herty Re ional Fire Authority,
Administration, FIN Finance, [COI Alameda Count
DSR Dublin San Ramon Services District,
Department of Environmental Health s approved for a double faced
1 PA 91-046 Conditional freestandinglsigp in excess of 20 feet in
changeable copy YP the attached site plan/elevation
height as generally depicted by subject to
dated June 27 , 1991, labeled Exhibit "A
drawing Ordinance provisions of Section 8-
compliance with the Zoning
governing height setback, location and size of
87 . 34 g g ,
signs - In no case shall the freestanding sign ua.e
freestanding setback
300 sq
exceed the maximum height faces feTheospecifilcxheight,
feet ( 150 square feet per ) Director
location and sign area shall be subject to Planning
review and approval . [
PL
proposed for a freestanding sign or
2 . Any modifications or location p ro P
val by
new wall signs shall be subject to review and appro
any to installation or use . [PL]
Planning Director p rior
freestanding sign shall be
permits for a proposed 90 days of the
3 . All building p f
secured and construction commenced
The lApplicanttand/or property
effective date of this PP licable building code emit
owner shall comply with all app
royal period of this conditional use p
requirements . The app 90 days (prior to the
linal must submit a written request for
may be extended athedApplican ninety ( on the determination.
expiration. date, Director up
the extension) by the Planning
that the findings and conditions of Ppjroval of the Conditional
t ,
Use Permit continue to be met . planter area .
4 . The sign shall be be located within a landscaped p
landscaping on the site shall be maintained in a viable and
5 • All
well kept manner at all times . [PL]
royal shall become null and void, in the event the
6 • This app
to operate for a continuous one-year erica .
approved use ceases
[PL]
2 -
7 . This use shall be subject to Zoning Investigator review and
determination as to compliance with the conditions of approval .
[PL]
8 . This permit shall be revocable for cause in accordance with
Section 8-90 . 3 of the Dublin Zoning Ordinance . Any violation of
the terms or conditions of this permit shall be subject to
citation. [PL]
PASSED, APPROVED AND ADOPTED this 19th day of August, 1991 .
AYES : Commissioners Burnham, North, Rafanelli and Zika
NOES : Commissioner Barnes
ABSENT: None
Planning Comm'" ssi Chairp`e-rson
ATTEST:
41anning Dir ct r
3 -
Enea Properties Company
6670 Amador Plaza Rd.
-E P, Dublin, CA 94568
Enea Properties Company (415) 828-8423
FAX 833-0886
June 12, 1991
TO: LAURENCE L. TONG
DIRECTOR OF PLANNING
FROM: ROBERT S. ENEA
ENEA PLAZA
RE: VARIANCE REQUEST FOR SIGN
DUBLIN CINEMA
We feel there are special circumstances that exist which are specific to a theater use that
provide sufficient grounds for granting a sign variance. Specifically, theater marquees
should be differentiated from other retail type business signs because they serve a
different purpose. Most retail type business signs serve to give tenant identity and foster
customer familiarity associated with location. Theater marquees, on the other hand, are
informational in nature and provide potential customers with the one necessary bit of
information they need, "what movies are playing. To further support this distinction, it
should be noted that theaters, in general, are the only businesses that are required by
the nature of their industry to change their signs on a weekly basis to announce the
arrival of newly released films.
Given the fact that there are now two new theaters (Pleasanton Galaxy and Blackhawk
Cinemas) in our market competing for the same film product and customer, it is critical
to the future of our business that we maintain adequate signage. Furthermore, the
Dublin Cinema's ability to compete in this market should not be constrained by the
City's attempt to eliminate, reduce, or modify an existing sign that has been in place and
functioned well for;the last 22 years. We appreciate your consideration of our request.
Sincerely,
Robert S. Enea
RSE/dk
J
ATTACHMENT
No warranty or representation,express or implied,is made as to the accuracy of the information contained herein,and same is submitted subject to
errors,omissions,changes of price,rental or other conditions,withdrawal without notice,and to any special listing conditions,imposed by the principals.
Enea Properties Company
6670 Amador Plaza Rd.
- EPC- Dublin, CA 94568
Enea Properties Company (415) 828-8423
FAX 833-0886
August 27, 1991 R E C r 1 U E D
DUBLIN PLANNING
Mr. Laurence L. Tong
Planning Director
City of Dublin
100 Civic Plaza
Dublin, CA 94568
RE: RESOLUTION NO. 91-47
DUBLIN CINEMA VARIANCE REQUEST
Dear Mr. Tong:
Pursuant to section 8-102.0 of the City of Dublin Zoning Ordinance, we hereby request
an appeal of the denial of Planning Action 91-046 Dublin Cinema Variance request to
modify and maintain a freestanding sign which exceeds the maximum allowable sign area
and to deviate from the freestanding sign setback requirements at 7450 Dublin Blvd.
Our appeal is based on the grounds that the Dublin Cinema sign was approved by the
Alameda County Planning Commission in December 1968 and has been in existence for
nearly 23 years in its current location, shape and size.
Furthermore, we feel that because.of the peculiar nature of the theater business
requiring us to change our sign copy weekly, the granting of this variance will not
constitute any special privilege. East and most important, we feel it critical to be
allowed to present our case before the City Council to individuals who are not
appointed, but elected by the people and understand and are sympathetic to the needs
of the Dublin business community at large. For clarification purposes, we are not
requesting an appeal of Resolution No. 91-048.
Ass alh rays. should you have ar_y questions or require clarification, please don't hesitate
to call.
Sincerely,
Robert S. Enea
RSE/dk
ATTACHMENT
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No warranty or representation,express or implied,is made as to the accuracy of the information contained herein,and same is submitted subject to
rhannpc of nrice.rental or other conditions,withdrawal without notice,and to any special listing conditions,imposed by the principals.
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