HomeMy WebLinkAboutPC Reso 88-007 PA 87-138 upholding ZA's action denying shell service station request to exceed max permitted sign area n
RESOLUTION NO. 88-007
A RESOLUTION OF THE DUBLIN PLANNING COMMISSION
UPHOLDING THE ZONING ADMINISTRATOR'S ACTION
DENYING PA 87-138 SHELL SERVICE STATION VARIANCE REQUEST TO EXCEED
THE MAXIMUM PERMITTED SIGN AREA FOR TWO SERVICE STATION PRICE SIGNS
AT THE SHELL SERVICE STATION ON ALCOSTA BOULEVARD AND SAN RAMON ROAD,
8999 SAN RAMON ROAD
WHEREAS, Diane Lundquist representing Shell Oil Company filed a
Variance application to allow two existing illegal service station price
signs to exceed the maximum permitted sign area at the Shell Service
Station at 8999 San Ramon Road; 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 Zoning Administrator held a public hearing on said
application on January 13, 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 for two service
station price signs on the site at 8999 San Ramon Road; and
WHEREAS, on January 13, 1988 the Zoning Administrator after
hearing and considering all said reports, recommendations and testimony as
hereinabove set forth, denied the Applicant's Variance request PA 87-138;
and
WHEREAS, the Applicant subsequently appealed the Zoning
Administrator's Action; and
WHEREAS on February 16, 1988 the Dublin Planning Commission held
a public hearing to consider the Appeal;
WHEREAS, the Planning Commission heard and considered all reports
recommendations, and testimony on February 16, 1988, as hereinafter set
forth;
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does hereby find that:
1) Authorizing the Variance constitutes a grant of special privilege
inconsistent with the limitations on other properties in the vicinity
as all properties within the City must comply with the City's sign
regulations.
2) There are no special conditions or extraordinary circumstances which
apply to the property and do not apply to other properties in the
vicinity, so that the strict application of this Chapter deprives the
property of the rights enjoyed by other properties, as the service
station is located on a relatively flat rectangular shaped corner lot
fronting two major arterial streets, a situation typical of most
service stations within the City. The fact that the service station
is located across the street from a service station in an adjoining
City which may or may not permit larger price signs does not
constitute a special condition or extraordinary circumstances as signs
located within the City are governed by the City's sign regulations.
The City's Sign Ordinance and regulations are not directly influenced
by surrounding communities.
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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 signs
do 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 City's Sign Ordinance permits service station
price signs with restrictions on the number, size, height and location
of signs.
4) Authorizing the Variance adversely affects the orderly development of
property and the preservation of property values in the vicinity, as
the Applicant's non-compliance with the City's Sign Ordinance does not
promote the intent of the Ordinance as it does not promote uniformity,
an important aspect of orderly development.
BE IT FURTHER RESOLVED THAT THE Planning Commission does hereby
uphold the Zoning Administrator's Action denying PA 87-138 Shell Service
Station price sign Variance request to exceed the maximum permitted sign
area for service station price signs, and directs the Applicant to bring
the two price signs into conformance with the City's Zoning Ordinance
relating to service station price signs within 30 days of the effective
date of this denial.
PASSED, APPROVED AND ADOPTED this 16th day of February, 1988.
AYES: Commissioners Barnes, Burnham, Mack and Zika
NOES: Commissioner Tempel
ABSENT: None
Planning C issi
Chairman
ATTEST:
ta6
Planning irect
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