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Home My WebLink About7.1 Dublin Cinema Freestanding Sign Variance CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: November 25, 1991 SUBJECT: PA 91-046 Dublin Cinema Freestanding Sign Variance Appeal REPORT PREPARED BY: Ralph Kachadourian - Assistant Planner/Zoning Investigator EXHIBITS ATTACHED: Exhibit A: Site/Elevation Drawings Exhibit B: Draft Resolution Approving the Variance Request Attachment 1 : Applicant' s Written Statement for PA 91-046 Dated June 12, 1991 Attachment 2 : Letter of Appeal dated August 27, 1991 Attachment 3 : Zoning/Location Map RECOMMENDATION: 1) Receive Staff Report. _ I 2) Question Staff . V.l=' p� 3) Deliberate. 4 ) Adopt Resolution (Exhibit B) Approving the Variance Request or Give Staff and Applicant Direction and Continue the Matter. FINANCIAL STATEMENT: None DESCRIPTION: Background This item was continued from the November 12, 1991, City Council meeting, at which the City Council directed Staff to draft findings of fact for approval of a variance for the Dublin Cinema freestanding sign. 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 appropriately 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 appropriately 140 feet west of the Interstate 680'right-of-way. CITY CLERK _ FILE � � DEB --------- -- ----------------------------------------- ------------ ITEM NO. COPIES TO: General/Ag enda enda File [ ] Applicant/Owner Project Planner Senior Planner 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 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) . Per the Sign Ordinance, the maximum permitted sign area for the existing 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) . 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. Per the City Council ' s direction, Staff has identified the following findings : 1 . 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 . 2 . 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 similiar to other retail type business signs which indicate tenant identity and foster customer familiarity associated with location. Additionaly, 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 . 3 . 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: The sign if approved must comply with building code requirements . Attached for City Council consideration is a Draft Resolution (Exhibit B) approving the Dublin Cinema Freestanding Sign Variance. +€ Dublin rvry [ ^ DUBLIN LI I 1, 0 71 9r+F6 Lj &1, siTZas O� IU07wm.aer Pw4 ---,..••./_ XA Wyt, 00-M Vi-r-- 'I c-^-c•e w.cu-IO..+0 yp. .°.I r•�t 17�a .I a nN �I 4 �L�ty!"- c� > �04 0� b o..".u. ..... . 1V R'-0 rRNcGS-/N-MtJ.TMNRG O 477..2.-4700 ' ;•I It ._ �Ji ID 1091.5.o-.1 Enea Plaza" � DEVELOPMENT DUBLIN;CINEMA �-*T`�* ENGINEERING �5s s ..� ENGINEERING PITY �IICKlNS 2ue ao.F. _ --G _Y MRS— 1: + Fr. t PLANNING 'o ...,,. F.c� - jl'. �1 ! DANCci �1.T11 Aut,LS o If(�`uI�ES-- A Pleasanton A KISS uEF(ikk DYIn, u A_Ki55 t7lFbkt_DTINU N SIONc COLD MUAIE.ALUkt _SIONc—COLD NUME—ALONt_ rnco Fwuw.7 .� �o _ I VICINITY MAP .j•o w.ot m-rFW24 v i PROPOSED NEW SIGN :.. EXISTING SIGN : to z u s v e m ` d p 11 i LL r-� F 1 I -Ii.T O IPl I .q..M •, V,J w rnQZ\ Rum �\ .+,• _ _ reonc7�o: °•7e: 6.1 - p7�nnea srrc.el.etf �� .�IIr SIGN LOCATION MAP ;9 F z .I .,I,, .i ,.�• .1 1 , r I '•�.;,� ;�';, �1':,. DUBLIN I � IN E � CIT Y. � L C K E K S _ ;;, '. ;,;. : :0 _ L. �' ra,G� SAG 1 ,;,, :;��; ,:::: :f•, A KISS tiEF0k .DYI S 1 ONc ' 1'1.1•-� I'1,� ':1~��1', � � ' ,t • EW SIGN PROPOSED N RESOLUTION NO. 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 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 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; E 1 IT 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: 1 . 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 . 2 . 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 . 3 . 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: The sign, if approved must comply with building code requirements . 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 . 2 PASSED, APPROVED AND ADOPTED this 25th day of November, 1991 . AYES : NOES: ABSENT: Mayor ATTEST: City Clerk 3 Enea Properties Company EPC 6670 Ama , Plaza Dublin, CA 94568 68 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, �1 Robert S. Enea RSE/dk {J A I l—p y� .R � f; r1V fv9q 1 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 EPC 6670 Amador Plaza Rd. Dublin, CA 94568 Enea Properties Company (415) 828-8423 FAX 833-0886 August 27, 1991 R E C F_I V E D TiU;: l 1591 p>JgLIN plANN1NG. 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. Last 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 z.=,,ays, should you have any questions or require clarification, please don't hesitate to call. Sincerely, Robert S. Enea RSE/dk dv ATTACHMENT ol-(J,. 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. \ •_ .I••�•j/'�,\ _.1� '1.._.)•_ //L f //_- __� I'I) I 1111 /.11. .�: Z . 07 i; 1 - �� ,�1��i 'c.`;:�_l( � �>�,�1 fly�/•r_/_� I_/. ��_ L. "•.:.;: �I" —i--- �-� .�.; � t, I: \�c_ C_'� C-2-I1-r10 / C-2 C -1 �✓ +. '� \ \ �_ -� 1 D ,I. •' III-II: � -• 1 ' �;:\ ;,0. i :i NA \ C-2 .t; `\�I l a.l it _1'r r I 1,• I L I I ��•� of uuuiw Y ._..- --- — – •I• -4•. 'i" ':�A�' ;'( '?� ,,.r'•+I`'',I',:7ft'.:i.,=):)9:i:1'i•i•,'Ll.��:�.Ia': • ;'r'I:;i[:r�. .� ?1:�'•';I''r�l'i;tii%•!n`�Jj-`•:`.A:'S.Ai:�i:fi3t�i:�a1'i j.11l_.., � I 1 I , , ... `• _7.)a.l.1:c1:_ __:'e'_1:1...��<::(,.;�:I''lui:ili.:iri,r,..:::.:.