HomeMy WebLinkAbout05-004 Deny Safeway CUP/SDR
AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: June 28, 2005
SUBJECT:
PA 05-004 - 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:
1. Resolution 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
2. Staff Report dated June 14,2005 (With Attachments)
RECOMMENDATION:
1. Hear Staff presentation.
2. Adopt the Resolution (Attachment 1) 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.
PROJECT DESCRIPTION:
The project site at 7499 Dublin Boulevard, comprised of 5.82 acres, is home to a 55,256 square foot Safeway
grocery store, 10,743 square feet of service and retail establishments, and an IS-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.
At their meeting on June 14, 2005, the Planning Commission heard a request :trom Safeway, Inc. and Young
Electric Sign Company 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 (Attachment 2).
The Planning Commission received the Staff presentation, opened the public hearing and took testimony from the
public, and discussed the issue. The Planning Commission indicated that they could not support the project
because it had the potential to create additional traffic congestion on and near the project site, therefore they could
not make the findings necessary for approval of the proposed project.
At the conclusion of the public hearing, the Planning Commission voted 4-1 to deny the Safeway Conditional
Use Permit and Site Development Review to amend the Master Sign Program and requested that Staff return to
the June 28, 2005 Planning Commission meeting with a resolution for denial for its review and consideration
(Attachment 1).
G:\P A#\2005\05-004 Safeway Sign Amendment\PC Staff Report deny.doc
COPIES TO: Applicant
Property Owners
ITEM NO. C. :¿
GENERAL INFORMATION:
APPLICANTS:
Ann Boatwright, Young Electric Sign Company
1015 North Market Boulevard, Suite 8
Sacramento, CA 95834
PROPERTY OWNER:
Safeway, Inc.
1371 Oakland Boulevard, Suite 200
Walnut Creek, CA 94596
Bruce Hunt, Safeway
5918 Stoneridge Mall Road
Pleasanton, CA 94588
LOCATION:
7499 Dublin Boulevard (Assessor Parcel Number 941-0305-010-02)
ZONING:
Planned Development (Downtown Core Specific Plan)
GENERAL PLAN DESIGNATIONS:
Retail/Office
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 15303
(Minor alterations to existing facilities).
G:\PA#\2005\05-004 Safeway Sign Amendment\PC Staff Report. doc
Page 2
RESOLUTION NO. 05-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
DENYING A SITE DEVELOPMENT REVIEW AND CONDITIONAL USE PERMIT FOR AN
AMENDMENT TO THE MASTER SIGN PROGRAM TO INSTALL AN ELECTRONIC GASOLINE
PRICE DISPLAY SIGN AT THE SAFEW A Y GAS STATION AT 7499 DUBLIN BOULEVARD
ASSESSOR PARCEL NUMBER 941-0305-010-02
WHEREAS, the Applicant, Ann Boatwright of Young Electric Sign Company, has requested
approval of 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; and
WHEREAS, electronic signage is permitted in the Planned Development (Downtown Core Specific
Plan) Zoning District with approval of a Conditional Use Permit; and
WHEREAS, the General Plan land use designation for the project site is RetaiVOffice; and
WHEREAS, the parcel is currently occupied by 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 and the only item proposed to be changed is to replace the existing gasoline price signage with
new LED electronic displays per the project plans; and
WHEREAS, the actual use of the property is not proposed to change and is proposed to remain in
conformance with the original Conditional Use Permit and Site Development Review approved by the City
Council on March 6, 2001 (P A 00-034); and
WHEREAS, the proposed sign change would be limited to the actual gasoline price numbers, which
are proposed to change from a fixed display to an electronic display, and no other changes are being proposed;
and
WHEREAS, the Planning Commission held a properly noticed public hearing on said application on
June 14,2005; and
WHEREAS, the Staff Report was submitted recommending that the Planning Commission
application be conditionally approved; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and
testimony hereinabove set forth and used their independent judgment to make a decision that the findings for
support ofthe Applicant's proposal could not be made due to concerns that the proposed sign change would
draw more customers and therefore more traffic to an already overburdened site; and
WHEREAS, at the conclusion of the public hearing, the Planning Commission voted 4-1 to deny the
application and requested that Staff return to the June 28, 2005 Planning Commission meeting with a
resolution for denial for its review and consideration.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does find
that although the proposed project would be in general conformance with the original Conditional Use
ATTACHMENT ,
Permit and Site Development Review Permit approved by the City Council on March 6, 2001 (City Council
Resolution No. 33-01) as well as the original Master Sign Program approved by Staff on February 4,2002 (P A
01-036) and all of the associated Conditions of Approval;
1. The proposed project is not compatible with other land uses, transportation and service facilities
in the vicinity due to the additional traffic that the new electronic sign would potentially create at
the project site, worsening an already congested traffic situation both on and near the project site;
and
2. The proposed project will adversely affect the health or safety of persons residing or working in
the vicinity, or be detrimental to the public health, safety and welfare due to the additional traffic
that the new electronic sign would potentially create at the project site, worsening an already
congested traffic situation both on and near the project site; and
3. The proposed project will be injurious to property or improvements in the neighborhood due to
the additional traffic that the new electronic sign would potentially create at the project site,
worsening an already congested traffic situation both on and near the project site; and
4. The subject site is not physically suitable for the type, density and intensity of the proposed
project due to the additional traffic that the new electronic sign would potentially create at the
project site, worsening an already congested traffic situation both on and near the project site.
PASSED, APPROVED, AND ADOPTED this 28th day of June 2005.
AYES:
NOES:
ABSENT:
ABST AIN:
Planning Commission Chairperson
ATTEST:
Planning Manager
G:\PA#\2005\05-004 Safeway Sign Amendment\PC Reso deny.doc
AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: June 14,2005
UBJECT:
PUBLIC HEARING: PA 05-004 - 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:
1. Resolution approving 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
2. Project plans showing proposed conditions
RECOMMENDATION:
1. Hear Staff presentation.
2. Open public hearing.
3. Take testimony from the Applicant and the public.
4. Close the public hearing and deliberate.
5. Adopt the Resolution (Attachment 1) approving 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.
PROJECT DESCRIPTION:
f'he project site at 7499 Dublin Boulevard, comprised of 5.82 acres, is home to a 55,256 square foot Safeway
grocery store, 10,743 square feet of service and retail establishments, and an I8-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 monument 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. The numbers will not flash or be animated in any way and shall only display the
per gallon cost of three grades of gasoline (Condition of Approval No.3).
Safeway, Inc. desires to change the fixed prices signage to the LED electronic price display sign for two 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 that fluorescent or incandescent lighting.
ANAL YSIS:
Conditional Use Permit
This item is before the Planning Commission 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
COPIES TO: Applicant
Property Own;?
ITEM NO. ~. 'f
G:\PA#\2005\05-004 Safeway Sign Amendment\PC Staff Report.doc
ATTACHMENT 8\
reviewed and approved by the Planning Commission. 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 currently subject
to Planning Commission review and approval.
Staff finds that because the actual use of the property is not changing and it is still in confonnance with the
original Conditional Use Permit and Site Development Review approved by the City Council on March 6, 2001
(PA 00-034 and City Council Resolution No. 33-01), the project complies with all the Conditional Use Permit
findings required by the Zoning Ordinance.
Site Development 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 on February 4,2002 and 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 includes a request to amend the Master Sign Program/Site Development Review
approval as well. Because the change to the sign 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, Staff finds that the
amendment is in conformance with the Master Sign Program and the Conditions of Approval approved by Staff on
February 4,2002 (pA 01-036).
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:
Staff recommends that the Planning Commission (1) Hear Staff presentation, (2) Open Public Hearing, (3) Take
testimony from the Applicant and the public, (4) Close the public hearing and deliberate, (5) Adopt Resolution
(Attachment 1) approving 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.
Page 2
GENERAL INFORMATION:
APPLICANTS:
Ann Boatwright, Young Electric Sign Company
1015 North Market Boulevard, Suite 8
Sacramento, CA 95834
PROPERTY OWNER:
Safeway, Inc.
1371 Oakland Boulevard, Suite 200
Walnut Creek, CA 94596
LOCATION:
7499 Dublin Boulevard (Assessor Parcel Number 941-0305-010-02)
ZONING:
Planned Development (Downtown Core Specific Plan)
GENERAL PLAN DESIGNATIONS:
Retail/Office
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 15303
(Minor alterations to existing facilities).
G:\P A#\2005\05-004 Safeway Sign Amendment\PC Staff Report.doc
Page 3
RESOLUTION NO. 05-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING SITE DEVELOPMENT REVIEW AND CONDITIONAL USE PERMIT FOR AN
AMENDMENT TO THE MASTER SIGN PROGRAM TO INSTALL AN ELECTRONIC GASOLINE
PRICE DISPLAY SIGN AT THE SAFEW AY GAS STATION AT 7499 DUBLIN BOULEVARD
ASSESSOR PARCEL NUMBER 941-0305-010-02
WHEREAS, the Applicant, Ann Boatwright of Young Electric Sign Company, has requested
approval of 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; and
WHEREAS, electronic signage is permitted in the Planned Development (Downtown Core Specific
Plan) Zoning District with approval of a Conditional Use Permit; and
WHEREAS, the General Plan land use designation for the project site is Retail/Office; and
WHEREAS, the parcel is currently occupied by 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 and the only item being changed is to replace the existing gasoline price signage with new LED
electronic displays per the project plans; and
WHEREAS, because the actual use of the property is not changing and it is 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
WHEREAS, because 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, Staff finds that
the amendment is in conformance with the Master Sign Program and the Conditions of Approval approved by
Staff on February 4, 2002 (P A 01-036); and
WHEREAS, Conditions of Approval recommended for the project will ensure that the change to the
sign does not produce any negative 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
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 project has been found to be Categorically Exempt rrom the California
Environmental Quality Act (CEQA), according to the CEQA Guidelines, Section 15301 (Minor alterations to
existing facilities); and
WHEREAS, the Planning Commission held a properly noticed public hearing on said application on
June 14,2005; and
ATTACHMENT r
WHEREAS, the Staff Report was submitted recommending that the Planning Commission
application be conditionally approved; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and
testimony hereinabove set forth and used their independent judgment to make a decision.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does find
the following:
1. The proposed project is in conformance with the original Conditional Use Permit and Site
Development Review Permit approved by the City Council on March 6, 2001 (City Council
Resolution No. 33-01) and all of the associated Conditions of Approval will remain in effect.
2. The proposed project is in conformance with the original Master Sign Program and the Conditions of
Approval approved by Staff on February 4,2002 (PA 01-036) and all of the associated Conditions of
Approval will remain in effect.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve
PA 05-004, 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, subject to the following Conditions of Approval:
CONDITIONS OF APPROVAL:
This Conditional Use Permit and Site Development Review approval for P A 05-004 (Safeway Gas Station
LED signage) establishes Conditions of Approval for the establishment of the LED display. These
Conditions of Approval shall be in addition to (not superceding) the Conditions of Approval adopted as part
of City Council Resolution No. 33-01.
The 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 subject to Planning Department review and approval. Non-compliance with these
conditions will result in review ofthe Conditional Use Permit for possible revocation.
1) Review and Permitting Authority. The Applicant shall comply with all applicable regulations 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 revocable 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
gasoline for sale at the Safeway Gas Station. All other features of the existing sign are required to
remain the same, as shown on page 1 of the Project Plans.
b) The electronic number display shall not flash or be animated in any way. The numbers shall be
displayed in a static fashion, changing only when the gas price is updated.
c) The electronic number display shall not display text, only the per gallon price of gasoline.
t'ASSED, APPROVED, AND ADOPTED this 14th day of June 2005.
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chairperson
ATTEST:
Planning Manager
G:\PA#\2005\05-004 Safeway Sign Amendment\PC Reso.doc
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