HomeMy WebLinkAboutItem 4.08 SafewayElectronicSign
CITY CLERK
File # D~rn[O]-~CJ
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: August 16,2005
SUBJECT:
PA 05-004 - Appeal of Planning Commission decision to deny
the Safeway 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.
Prepared by: Kristi Bascom, Senior Planner
ATTACHMENTS;
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 grantiug the appeal, subject to the Conditions of Approval
RECO~ENDATION~
FINANCIAL STATEMENT:
Adopt the above Resolution
None
DESCRIPTION:
The proposed project consists of a Conditional Use Permit (CUP) and Site Development Review (SDR) to
replace the existing Safeway Gas Station sign with new LED electronic displays. The single monument sign
that displays the gasoline prices will not change except fur the actual gasoline priee numbers, which will
change ¡rom a fixed display to an electronic display. The numbers will not flash or be animated in any way
and shall only display the per gallon cost of three grades of gasoline.
This item came before the Planning Commission 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 Rcaderboard Signs) be reviewed and approved by the Planning Commission. Although the
gasoline price display sign is nol a typical Electronic Readcrboard 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 recommendcd 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 (PA 00-034 and City CouncH Resolution No. 33-01) as
well as the Master Sign Program subsequently approved by Staff on February 4, 2002.
Planning Commission Decision
The Planning Commission heard the proposed project at their meeting on June 14,2005. At this meeting the
public hearing was held and the Commissioners discussed. the item. The Planning Commission closed the
COPIES TO: Applicant
Property Owner
In House Distribution
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O;\PA#\2005\05-0(l4 Safc:w¡,y Sign Amc::ndme:=nt\CC Staff R~port ú8.16.05.doc
public hearing, deliherated, 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 thc ncxt Planning Commission meeting with a resolution
for denial. Staff returned to the June 28, 2005 Planning Commission meeting with said resolution, which the
Planning Commission considered as a consent calendar item. At thc June 28, 2005 Planning Commission
meeting, the Planning Commission adoptcd Resolution 05-38 by a vote of 3-0 with two members absent.
Applicant's Letter of Appeal
On June 6, 2005 the City Clerk received a Letter of Appeal co-signed by Kirk Kesslcr 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. According to Chapter 8.136 of the
Zoning Ordinance (Appeals), thc City Council's consideration of the appeal request is limited to "only
those issues involving the matters that are the specifie subjeets of the appear' and that "any additional
conditions of approval adopted must address the specifie subjeet of the appeal."
Citv Cowlcil Decision
At its meeting on August 2, 2005, the City Council heard and considered the request to appeal the
Planning Commission decision. After listening to the Staff Report and hearing public testimony, the City
Council voted unanimously to direct Staff to 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, and to return to the next City Council meeting with the
Resolution. The requested Resolution is attaehed to this Staff Report.
RECOMMENDATION:
Staff recommends that the City Council Adopt the Resolution revcrsing the Planning Commission
decision to dcny the Conditional Use Permit and Site Deve10pmcnt 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, subject to the attached Conditions of Approval.
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RESOLUTION NO. - 05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
************
A RESOLUTION GRANTING THE APPEAL OF SAFEW A Y, INC AND YOUNG
ELECTRIC SIGN COMPANY, THEREBY REVERSING THE PLANNING COMMISSION
DECISION TO DENY THE CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW
FOR AN AMENDMENT TO THE MASTER SIGN PROGRAM TO INST AI,L AN ELECTRONIC
GASOLINE PRICE DISPLAY SIGN AT THE SAFEWAY GAS STATION AT
7499 DUBLIN BOULEVARD
ASSESSOR PARCEL NUMBER 941-0305-010-02, PA 05-04
RECITALS;
WHEREAS, the Applicant, Ann Boatwright of Young Electric Sign Company, requested approval of
a Conditional Use Permit and Site Development Review for an amendment to the Master Sign Program to
install an electronic gasoline pricc display sign at the Safeway Gas Station at 7499 Dublin Boulevard; and
WHEREAS, electronic signage is permitted in the Planned Development (Downtown Core Specific
Plan) Zoning District with approval of a Conditional Usc Permit; and
WHEREAS, the General Plan land use dcsignation for the project site is Retail/Office; and
WHEREAS, thc parccl is currently oceupied by a 55,256 square foot Safeway grocery store, 10,743
squarc fcct of service and rctail establishments, and an 18-pump Safeway gasoline station with a 314 square
foot kiosk and the only item being changed is to replace the existing gasoline price sign age with ncw LED
electronic displays per the project plans; and
WHEREAS, the actual use of the property is not changing and it is still in conformance with thc
original Conditional Use Permit and Site Development Review approved by the City Council on March 6,
2001 (PA 00-034); and
WHEREAS, the sign change is limited to the actual gasoline price numbers, which will change from a
fixed display to an electronic display, and no other changes are being proposed, the amendment is in
conformance with the Master Sign Program and the Conditions of Approval approved by Staff on Fcbruary 4,
2002 (pA 01"036); and
WHEREAS, Conditions of Approval recommended for the project will ensure that the change to the
sign does not produce any ncgative visual or aesthetic impacts; and
WHEREAS, the proposed project, as conditioned, is consistent with the Dublin General Plan and the
Zoning District in which it is located, and represents an appropriate project for the site; and
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WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines
and City environmental regulations, require that certain projects be reviewed for environmental impact and
that environmental documents be prepared; and
WHEREAS, the projcct has been found· to be Categorically Exempt rrol11 the California
Environmental Quality Act (CEQA), according to the CEQA Guidelines, Section 15301 (Minor alterations to
existing facilities); and
WHEREAS, the application was considered by the Planning Commission of the City of Dublin on
Junc 14,2005 at a properly noticed public hearing; and
WHEREAS, the Staff Report was submitted recommending to the Planning Commission that the
application be conditionally approved; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and
testimony hcrcinabove set forth and used their independent judgment to make a decision; and
WHEREAS, the Planning Commission denied the Conditional Use Permit/Site Development
Review request, by Resolution Number 05-38; and
WHEREAS, the Applicant and Property Owner, Kirk Kessler ofY oung Elcctric Sign Company
(Applicant) and Bruce Hunt of Safeway, Ineorporated (Property Owner) timely filed a Letter of Appeal oftbe
Planning Commission decision of June 28, 2005 stating the specified grounds for the appeal; and
WHEREAS, the City Council considered the appeal of Kirk Kesslcr of Young Electric Sign
Company (Applicant) and Bruce Hunt of Safeway, Incorporated (Property Owner) at a noticcd public hearing
on August 2, 2005, and heard testimony and considcred all documentary evidence submitted to it, including
the agenda statements dated August 2, 2005 and August 16, 2005; and
WHEREAS, at the conclusion of the public hearing on August 2, 2005, the City Council directed
Staff to prcparc a Resolution reversing the Planning Commission deeision 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; and
WHEREAS, Staff prepared said resolution and presented it on the City Council consent calendar at
the August 16, 2005 City Council mccting; and
FINDINGS
WHEREAS, after considering the provisions ofthe Dublin Municipal Codc and the record herein,
the City Council finds as follows:
1. The proposcd projcct is in conformance with the original Conditional Use Permit and Site
Development Review Pennit approved by thc City Council on March 6, 2001 (City Council
Resolution No. 33-01) and all oftbe associated Conditions of Approval wi1l remain in effect.
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2. The proposed project is in conformance with the original Master Sign Program and thc Conditions of
Approval approved by Staff on February 4, 2002 (P A 01-036) and all of the associated Conditions of
Approval will remain in effcct.
BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby approve PA 05-004,
reversing the Planning Commission decision to deny the Conditional Use Permit and Site Development
Review for an amendment to tbe Master Sign Program to install an electronic gasoline price display sign at the
Safeway Gas Station at 7499 Dublin Boulevard and thereby granting thc appeal, subject to the following
Conditions of Approval:
CONDITIONS OF APPROVAL:
This Conditional Use Permit and Site DevelopmCIlt Review approval for P A 05-004 (Safeway Gas Station
LED signage) establisbes Conditions of Approval for the establishment of the LED display. Thcsc
Conditions of Approval shall be in addition to (not superceding) the Conditions of Approval adopted as part
of City Council Resolution No, 33-01 and the Conditions of Approval approved by Staff on February 4, 2002
(PAOI-036).
The approval shall be valid until this time so long as the operators of the subject property comply with the
project's conditions of approval. This Conditional Use Permit will be revocable for cause in accordance with
Section 8.96.020.1 of the Dublin Zoning Ordinance.
Unless stated otherwise, all Conditions of Approval shall be complied with prior to the legal establishment of
the use, and shall be subjcct to Plamling Department review and approval. Non-compliance with these
conditions will result in review of the Conditional Use Permit for possible revocation.
1) Review and Permitting Anthority. The Applicant shall comply with all applicable rcgulations and
requirements of the City of Dublin Building Division, Planning Division, Alameda County Fire
Department, Dublin Police Services, and Dublin Public Works Department.
2) Revocation. This Conditional Use Permit shall be rcvocable for cause in accordance with Dublin Zoning
Ordinance Section 8.96.020.1, Revocation. Any violation of the terms and conditions of this permit may
be subject to the issuance of a citation. [PL, PO]
3) Use Restrictions:
a) The only feature of the sign being changed is the actual price display area for the three grades of
gasolinc for sale at the Safeway Gas Station. All other features of the existing sign are required to
remain the same, as shown on the Project Plans.
b) The electronic numbcr display shall not flash or be animated in any way. The numbers shall be
displaycd in a static fashion, ehanging only when the gas price is updated,
c) The electronic number display shall not display tcxt, only the per gallon price of gasoline.
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PASSED, APPROVED AND ADOPTED this 16th day of August 2005, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR
ATTEST:
CITY CLERK
ü:\P A#\2005\05-004 Safeway Sign Amendment\CC Reso grant appeaLdoc