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HomeMy WebLinkAboutPC Reso 88-015 PA 88-017 Howard Johnson request to allow 26 ft tall freesdtanding sign- RESOLUTION NO. 88 - 015 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN DENYING PA 88-017 HOWARD JOHNSON VARIANCE REQUEST TO ALLOW A 26-FOOT TALL FREESTANDING SIGN WHICH EXCEEDS THE MAXIMUM SIGN AREA, HEIGHT, AND SETBACK RESTRICTIONS ESTABLISHED FOR FREESTANDING SIGNS, 6680 REGIONAL STREET WHEREAS, Johnson Clark has filed an Application on behalf of Howard Johnson Hotel for a Variance from Section 8-87.34(b)(2) and (3) of the City's Zoning Ordinance to permit a 26-foot-tall double-faced sign with a total 156 square foot of sign area and setback 9 feet from the rear property line at the Howard Johnson Hotel site at 6680 Regional Street; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act and has been found to be categorically exempt; and WHEREAS, the Planning Commission held a public hearing on said application on March 21, 1988; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending denial of the Variance request to exceed the maximum permitted sign area, height, and setback for Freestanding Signs on the site at 6680 Regional Street; and WHEREAS, the Planning Commission heard and considered all said reports, recommendations, and testimony as hereinabove set forth; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: 1) Authorization of this Variance will constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity in that all properties must comply with the City's Zoning Ordinance regulating the size, height, and location of signs within the City unless all four mandatory findings of fact are made affirmative. Granting a Variance for the Applicant's proposed sign, which is 95% larger in sign area and 73% taller in height than that permitted at the proposed location, constitutes a grant of special privilege as all the findings cannot be made. 2) No special conditions and extraordinary circumstances apply to the property that do not apply to other properties in the vicinity, so that the strict application of this Chapter does not deprive the property of rights enjoyed by other properties, as the property is similar in location and topography to other properties in the vicinity. The property is a relatively large, flat parcel situated adjacent to I-580, a situation which allows the Applicant to apply for a Conditional Use Permit for two Freestanding Signs on one parcel, a privilege which applies to a limited number of parcels in the City. 3) Authorizing the Variance does not meet the intent and purpose sought to be achieved by the City's sign regulations, as the Applicant's sign does not conform to the Ordinance's purpose to promote uniformity among signs. The City's Sign Ordinance recognizes that the community's attractiveness is an important aspect of the public's general welfare, and establishes reasonable control of signs to protect the public welfare, safety, and health. In recognition of the need for controls on signs as a means of promoting uniformity and attractiveness within the City, and the need for businesses to identify themselves and the services offered, the Ordinance allows (subject to approval of a Conditional Use Permit) large parcels to have signs taller than 20 feet and allows large parcels situated adjacent to the Interstate freeway to have two Freestanding Signs provided in each case that the signs conform to the height, setback, and sign area restrictions established in the City's Zoning Ordinance. 4) Authorizing the Variance will adversely affect the orderly development and the preservation of property values in the vicinity, in that one of the purposes of the Ordinance is to promote reasonable uniformity among signs. Approving this Variance request with a large deviation from the Ordinance would not promote orderly development or uniformity among signs, particularly when there is no basis of fact for granting the Variance. BE IT FURTHER RESOLVED that the Planning Commission does hereby deny PA 88-017 Howard Johnson Hotel Freestanding Sign Variance request to exceed the maximum permitted sign area, sign height, and setback requirement for Freestanding Signs. PASSED, APPROVED AND ADOPTED this 21st day of March, 1988. AYES: Commissioners Barnes, Mack and Zika NOES: Commissioners Burnham and Tempel ABSENT: None 0.( rEw P anning Commis ha rperson ATTEST: Planning Director -2-