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Home My WebLink AboutReso 171-05 SafewayGasSign RESOLUTION NO. 171- 05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *********.*. A RESOLUTION GRANTING THE APPEAL OF SAFEW A Y, lNC AND YOUNG ELECTRIC SIGN COMPANY, THEREBY REVERSING THE PLANNING COMMISSION DECISION TO DENY THE CONDmONAL 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 ASSESSOR PARCEL NUMBER 94I-0305-0UHI2, 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 price display sign at the Safeway Gas Station at 7499 Dublin Boulevard; and WHEREAS, electronic signageis permitted in the Planned Development (Downtown Core Specific Plan) Zoning District with approval of a Conditional Use PenIÚt; and WHEREAS, the General Plan land use designation fur the project site is RetaiIIOffice; 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, 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 (FA 00-034); and WHEREAS, the sign change 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, the amendment is in conformance with the Master Sign Program and the Conditions of Approval approved by Staff on February 4, 2002 (FA 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 ftom 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 June 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 hereinabove 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 Electric Sign Company (Applicant) and Bruce Hunt ofSafeway, Incorporated (property Owner) timely filed a Letter of Appeal of the Planning Commission decision of June 28, 2005 stating the specified grounds for the appeal; and WHEREAS, the City Council considered the appeal of Kirk Kessler of Young Electric Sign Company (Applicant) and Bruce Hunt ofSafeway, Incorporated (property Owner) at a noticed public hearing on August 2, 2005, and heard testimony and considered 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 prepare a Resolution reversing the Planning Commission decision to deny the Conditional Use Permit and Site Development Review fur 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 meeting; and FINDINGS WHEREAS, after considering the provisions of the Dublin Municipal Code and the record herein, the City Council finds as follows: 1. The proposed project is in conformance with the original Conditional Use Permit and Site Development Review Permit approved by the City Coun.cil 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 (P A 01-036) and all of the associated Conditions of Approval will remain in effect. 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 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 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 and the Conditions of Approval approved by Staff on February 4, 2002 (FA 01-036). 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 subject to Planning 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 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 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. PASSED, APPROVED AND ADOPTED this 161h day of August 2005, by the following vote: AYES: Councilmembers Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None A~ ~ li11 ^-- CIty Clerk O:\CC-IlITG!I\2005.<tdlAug\08-16.j)5""'" 171.j)5 ookway appeal ß"DI.dœ (I""" 4.8)