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HomeMy WebLinkAboutPC Reso05-38 Safeway Amendment to MSP DENIED RESOLUTION NO. 05 - 38 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 SAFEWAY 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 establjs~ents, and an 18·pump Safeway gasoline station with a 314 square foot kiosk and the only item proposèd 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 of the 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; and WHEREAS, the Planning Commission reopened the public hearing on June 28, 2005 to consider additional testimony and documentary evidence and closed the public hearing; and --'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 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; I. The proposed project is not compatible with other land uses, transportation and service facilities in the vicinity due to the excessive traffic that the new electronic sign would cause, 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 excessive traffic that the new electronic sign would cause, worsening an already congested traffic situation both on and near the proj ect site; and 3. The proposed project will be injurious to property or improvements in the neighborhood due to the excessive traffic that the new electronic sign would cause, 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 excessive traffic that the new electronic sign would cause, worsening an already congested traffic situation both on and near the project site. PASSED, APPROVED, AND ADOPTED this 28th day of June 2005. AYES: Chair Schaub, Cm. Biddle, and Fasulkey NOES: ABSENT: Cm. King and Wehrenberg ABSTAIN : PI~~~n~son Planning Manager G:IP A#\2005\05-004 Safeway Sign AmendmentIPC Reso deny. doc