HomeMy WebLinkAboutPC Reso 86-063 PA 86-081 Howard Johnson 40 sq feet Directional Sign RESOLUTION NO. 86 - 063
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
UPHOLDING THE ZONING ADMINISTRATOR ACTION DENYING PA 86-081
HOWARD JOHNSON VARIANCE REQUEST TO ALLOW A
40 SQUARE FOOT DIRECTIONAL SIGN AT 6680 REGIONAL STREET
WHEREAS, Secrist Sign Company has filed an application on behalf of
Howard Johnson Hotel for a Variance from Section 8-87.50 e) of the City's
Zoning Ordinance to allow a 40 square foot directional sign where a maximum 8
square foot sign is permitted at 6680 Regional Street; and
WHEREAS, on September 15, 1986, the Planning Commission approved a
28 foot tall freestanding sign approximately 9 feet from the rear property line
requiring removal of the existing freestanding sign located adjacent to the
Regional Street entrance; and
WHEREAS, the application has been reviewed in accordance with
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 October 14, 1986; 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 application; and
WHEREAS, after hearing and considering all said reports, recommen-
dations and testimony, the Zoning Administrator denied without prejudice the
Variance request indicating that the four mandatory findings of approval could
not be made; and
WHEREAS, Secrist Sign Company, representing the Applicant, Howard
Johnson Hotel, filed an appeal of the Zoning Administrator action dated
received October 15, 1986; and
WHEREAS, the Planning Commission held public hearings on said
appeal on November 3, 1986; and
WHEREAS, proper notice of said public hearings was given in all
respects as required by law; and
WHEREAS, a Staff Report was submitted recommending upholding the
Zoning Administrator action denying the Variance application; 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. The Applicant's proposed 12 foot tall sign with 40 square feet of sign area
identifying Howard Johnson and Lord Dublin Fine Dining is considered a
freestanding business sign pursuant to Section 8-87.10 c) and h) of the
City's Zoning Ordinance.
BE IT FURTHER RESOLVED THAT THE Planning Commission does hereby
find that:
A) Authorization of this Variance will constitute a grant of a special
privilege inconsistent with the limitations on other properties in the
vicinity in that by definition the Applicant's sign is a freestanding sign
not a directional sign. The sign area of said sign is five times larger
than that permitted for directional signs and nearly twice as large as
that which would be permitted for a single-faced freestanding sign of the
same height and setback. The City's Zoning Ordinance permits only one
freestanding sign per parcel and prohibits the granting of a Variance from
the number of freestanding signs permitted.
B) No special conditions or 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. The fact that the Hotel is not located on a
major arterial street does not constitute a special condition or
circumstance. The Ordinance does not even allow a Variance from the
number of freestanding signs as an option.
C) Authorization of this Variance does not meet the intent and purpose sought
to be achieved by regulations in this Chapter in that granting the
Variance would be in direct violation of the Zoning Ordinance.
D) This 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 orderly development of uniformity
among signs in that there is no basis of fact for granting the Variance
and other parcels are not allowed more than one freestanding sign.
BE IT FURTHER RESOLVED THAT THE Planning Commission does hereby
uphold the Zoning Administrator action denying without prejudice PA 86-081
Variance application and directs the Applicant/Property Owner to remove the
existing freestanding sign and supports as required in Condition #2 of Planning
Commission Resolution No. 86-55. Denial without prejudice would allow
consideration of a different Variance application whithin the next year.
PASSED, APPROVED AND ADOPTED this 3rd day of November, 1986.
AYES: Commissioners Barnes, Burnham, Mack, Petty and Raley
NOES: None
ABSENT: None
(1:66: //1".-
Plannin ommission Chairperson
ATTEST:
IA A c f A-c a ITfr is
Planning Director
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