HomeMy WebLinkAboutPC Reso 91-047 PA 91-046 Dublin CInema Freestanding Sign RESOLUTION NO. 91 - 047
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
DENYING 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 BLVD.
WHEREAS, Fred Fallah, representing Dublin Cinema, filed a
Conditional Use Permit and Variance application to modify and maintain
an existing non-conforming 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, proper notice of said public hearing was given in all
respects as required by law; 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 recommending that the
Planning Commission deny the Variance request; and
WHEREAS, the Planning Commission did hear and consider all said
reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does hereby find that:
1. There are no special circumstances including size, shape,
topography, location or surroundings, applicable to the
property which deprive the property of privileges enjoyed by
other properties in the vicinity under the same zoning
classification in that the property is 5.61+ acres, and a
relatively flat rectangular parcel with direct access and
frontage on Dublin Blvd. and in the vicinity of both
Interstate Freeways 580 and 680. The property is similar in
location and topography to other properties in the vicinity.
2. The granting of the Variance will constitute a grant of
special privilege inconsistent with the limitations upon
other properties in the vicinity in that all properties and
businesses must comply with the City's Sign Ordinance
regulating the size, height, and location of all signs
within the city unless all findings of fact are made.
Granting a Variance to allow the freestanding sign to exceed
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the maximum permitted sign area does constitute a grant of
special privilege in that there are other locations on the
property to erect a freestanding sign which would not
require granting a Variance and would be consistent with the
City's Sign Ordinance.
3. The granting of the Variance will not be detrimental to
persons or property in the vicinity or to the public welfare
in that if the sign is approved it will be required to
comply with all building code regulations.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby deny PA 91-046 Dublin Cinema freestanding sign variance request
to modify and maintain an existing non-conforming freestanding sign
which exceeds the maximum allowable sign area and to deviate from
setback requirements per Sections 8-87.34B)2)a and b) and 8-87.34B)3)b
and c) and does hereby require the Applicant to bring the existing
freestanding sign into conformance with the City's Sign Ordinance
within ninety (90) days of the effective date of this denial. Failure
to bring the sign into conformance within the specified time may
result in the issuance of a citation.
PASSED, APPROVED AND ADOPTED this 19th day of August, 1991.
AYES: Commissioners Barnes, Burnham, Rafanelli and Zika
NOES: Commissioner North
ABSENT: None
P11/71n1
n 73/1Wssrperson
ATTEST:
lanning Direr
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