HomeMy WebLinkAboutPC MInutes 03-21-1988
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Regular Meeting- March 21, 1988
A regular meeting of the City of Dublin Planning Commission was held on March
21, 1988, in the Meeting Room, Dublin Library. The meeting was called to
order at 7:00 p.m, by Cm. Barnes, Chairperson.
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ROLL CALL
PRESENT: Commissioners Barnes, Burnham, Mack, Tempel, and Zika,
Laurence L. Tong, Planning Director, Maureen 0'Halloran, Senior Planner and
Rod Barger, Senior Planner.
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PLEDGE OF ALLEGIANCE TO THE FLAG
Cm. Barnes led the Commission, Staff, and those present in the pledge of
allegiance to the flag.
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ADDITIONS OR REVISIONS TO THE AGENDA
None.
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MINUTES OF PREVIOUS MEETING
The minutes of the meeting of March 7, 1988, were approved as presented.
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ORAL COMMUNICATIONS
None.
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WRITTEN COMNNNICATIONS
Mr. Tong advised that the Commissioners had received 2 action letters.
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Regular Meeting PCM-8-47 March 21, 1988
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PUBLIC HEARINGS
SUBJECT: PA 88-003 Villages at Willow Creek Sign
Program Conditional Use Permit and
Variance request for nine directional
tract signs and to exceed allowable square
footage and height restrictions west of
Dougherty Road north and south of Amador
Valley Boulevard (continued from meetin~
of March 7, 1988.
Cm. Barnes opened the public hearing and called for the Staff Report.
Mr. Barger stated this application was continued from the March 7, 1988
Planning Commission meeting. At that meeting the Planning Commission was
unable to make a decision due to disagreements between Staff and the Applicant
regarding what types of signs were proposed. The main point of contention
being whether the signs were directional tract signs, as identified by Staff,
or subdivision/sale/lease/rent signs as identified by the Applicant.
On March 9, 1988, Staff inet with the Applicant. It was clarified that some of
the signs could be defined as subdivision sale/lease/rent signs while others
could be defined as directional tract signs. Staff then presented a sign
program consisting of six directional tract signs, all located on the Villages
sites and within the height and copy square footage restrictions as provided
by the Zoning Ordinance. This was not acceptable to the Applicant.
The Applicant presented his idea of what would be an acceptable sign program.
This included a combination of seven signs, some of which would be subdivision
sale/lease/rent signs and some directional tract signs. Some of these would
exceed height and copy square footage restrictions, this was not acceptable to
Staff.
The meeting ended with both parties understanding each others position
however, no agreement was reached. On March 14, 1988 the Applicant submitted
a revised sign program to Staff for Planning Commission consideration.
Mr. Barger continued by stating the Applicant is requesting approval of a sign
program containing seven signs to identify the Villages residential
development. Three of the seven signs are directional tract signs and can be
located on or off-site as long as they are located on private property.
Directional tract signs must be approved through the Conditional Use Permit
process. Three signs exceed the copy square footage while two exceed the
height restrictions. Because of this a Variance is being requested.
The remaining four signs are subdivision sale/lease/rent signs and must be
located on private property, within the subdivision, and must conform with the
yard limits of the district they are located in. A Variance is necessary
because three of the signs copy exceeds 32 square feet and all four appear to
be located within the required yard areas.
Regular Meeting PCM-8-48 March 21, 1988
• •
Mr. Barger stated the specifics regarding exact sign locations, copy,
relationships of signs to the wall, property lines, and required yards has not
been provided by the Applicant. Staff requested this information be included
in the revised sign program. Because of the lack of these details, a more
complete review for compliance with zoning restrictions could not be completed
and thus Staff cannot support this request until the signs are in conformance
with sign regulations.
Mr. Barger stated the Conditional Use Permit and Variance request should be
denied without prejudice or continued until such time that an accurate and
complete sign program has been submitted.
Mr. Barger stated with respect to the three directional tract signs Staff
cannot recommend approval of the Conditional Use Permit because each sign
exceeds the 32 square foot copy restriction and two exceed the 12 foot height
restriction. Staff would recommend approval if the height of the signs did
not exceed 14 feet and the copy did not exceed 32 square feet.
With respect to the Variance six of the seven signs exceed 32 square foot, two
exceed the 12 foot height restriction. All four of the subdivision
sale/lease/rent signs appear to be located in the required yard area
established by the Planned Development. In Staff's opinion these
nonconformities can be eliminated while still providing adequate advertising.
Mr. Barger stated that prior to granting a Variance, three mandatory findings
must be made: 1) there must be some characteristic pertaining to the property
that makes compliance with zoning provisions either impossible or impractable;
2) the approval cannot give the Property Owner the permission or right to
build something that other Property Owners have not been given the right to
do; and 3) approval of the Variance cannot cause damage or harm to the
neighborhood. If approved the Variance would be detrimental to the
neighborhood as it would set an unwanted precedence of relaxing provisions of
the Zoning Ordinance where compliance is attainable. Staff recommends that
the Variance be denied without prejudice. It may be reasonable to consider a
minor adjustment to sign heights in cases where the signs can only be placed
behind a wall. However, excessive sign copy and height in addition to
locating signs in required yards cannot be suppported.
Cm. Zika questioned the square footage for a B-2 sign on page 4 of the Staff
report.
Mr. Barger stated it should have been 64 square feet instead of 84 square
feet.
Mr. Nahas, Willow Creek Developer, passed out a package of signage for the
Villages. The signs were labeled as A& B, with reduced sizes and height.
The B signs had been tailored in size.
Mr. Nahas presented slides showing the existing 4'x8' sign that is located on
the west side of Dougherty Road. He made special mention regarding the size
of the project in relation to the size of the sign, the difficulty in reading
the sign copy and that he felt this was a special type of pro~ect that may
need special allowances regarding signage.
Regular Meeting PCM-8-49 March 21, 1988
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Mr. Nahas further stated with regard to granting a Variance, he felt there
were special circumstances regarding this project and granting did not
constitute a grant of special privileges and that he was trying to implement
more than was necessary for a sign program.
Cm. Zika asked if all of the signs will be located within the required
setbacks.
Mr. Nahas stated on Dougherty Road frontage all requirements are met, however
on-site not all the signs are in compliance and that the B signs meet the 8'
setback.
Mr. Barger stated that Staff had not had an opportunity to digest the new
information presented by Mr. Nahas this evening and felt there were some
questions with regard to scale of the submittal.
Mr. Nahas stated that the plans were very schematic, but that the details
could be worked out.
Cm. Barnes closed the Public Hearing.
Cm. Barnes asked if it was correct in assuming there could possibly be 35
signs located within the pro~ject.
Mr. Barger stated that yes there could possibly be somewhere in that area of
number.
Mr. Tong clarified by stating the sale/rent/lease signs are determined by the
number of buildings, not the number of dwelling units.
Cm. Tempel felt that was still a lot of signage.
Cm. Barnes asked if the fence is 8' tall.
Mr. Barger stated yes except where the caps are located it is approximately
10' in height.
Cm. Zika was concerned with huge amount of signage asked for over and above
what the sign ordinance allowed.
Cm. Mack was concerned with the amount of square footage on the signs.
Mr. Tong stated there are several samples of signage in the field showing
allowed signage for projects.
Cm. Tempel asked if it was possible on double-faced signs to put them about
15' apart.
Mr. Barger stated that yes that could be done.
Cm. Barnes was concerned with what the back side of the sign would look like
and could it be painted out.
Regular Meeting PCM-8-50 March 21, 1988
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Cm. Burnham stated he didn't see any problem with the A signs that there had
been a good compromise in consolidation, that the problem seemed to be with
the B signs.
Cm. Zika asked if a use permit could be issued for one year and then reviewed.
Mr. Barger stated that Conditional Use Permits have certain time frames and
that yes you can give an expiration date of one year.
Mr. Nahas explained it would be rather expensive to have to resubmit the
signage program, that what they had planned to do is replace project names on
the signs as they were sold out or offered as new projects for sale.
Cm. Tempel stated he had no problem with height on A signs and no problem with
setbacks.
Mr. Nahas stated the exact location of signs should be reviewed in the file
and invited Mr. Barger to come out to the field and take a look at the various
sites.
Cm. Burnham stated he had no problem since this was a special project as long
as setback requirements were met.
Mr. Barger stated there were no plot plans to identify where signs will be
placed.
Mr. Tong stated that typically applications are received with a plot plan and
that the Applicant needs to submit a clear picture of where signs will be
located.
Cm. Barnes asked if Staff had seen the submittal before tonight.
Mr. Barger stated he had seen parts of the submittal, but other parts are new
information.
Cm. Barnes directed Staff and the Applicant to make sure that all of the
project informaion is in the Planning Commission packet when the packets are
delivered on Thursday evenings.
Mr. Barger asked the Planning Commission if they had any problems with the A
signs.
Cm. Mack stated she had concerns with the square footage.
Cm. Zika stated he had concerns with the square footage.
Cm. Tempel stated he had no problem with the A signs.
Cm. Burnham stated he had no problem with the A signs.
Cm. Barnes stated she had no problem with the A signs.
Cm. Zika stated he would like to see the B signs reduced to 48 sq. ft. and to
comply with the setback requirements.
Regular Meeting PCM-8-51 March 21, 1988
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Cm. Tempel stated he could not understand why setback requirments could not be
met.
Cm. Burnhaan stated the size was ok, but setback requirements need to be met.
Cm. Mack stated she would like to see square footage and location in
compliance.
Cm. Barnes stated she would like to see signs smaller and setback compliance.
Mr. Nahas stated the B signs will be reduced to 48 square feet.
Cm. Zika requested that sign locations also be provided.
Mr. Tong stated that with information submitted, Staff had recommended denial,
therefore no resolution of approval had been provided.
On motion by Cm. Burnham seconded by Cm. Mack and by a vote 5-0 Cm. Barnes
continued the public hearing to the April 4, 1988 meeting.
SUBJECT: PA 87-176 Ramirez Sideyard Setback
Variance - Appeal of Zoning Administrator
action denying Variance request to allow
an attached accessory structure with a
zero sideyard setback where a six feet
setback is typically required at 8686
Davona Drive.
Cm. Barnes opened the public hearing and called for the Staff Report.
Mr. Barger stated the applicant is requesting a Variance to allow an existing
accessory structure attached to the main structure to project into the
required sideyard setback, resulting in no sideyard setback on the south side
of the house (a minimum 6' sideyard is required by the Zoning Ordinance).
The structure is approximately 8' tall. It spans from the sidewall of the
residence to the adjacent property line fence and is open on all sides except
on the top there is a transluscent corrugated plastic cover that acts as a sun
shade and weather protectant.
Mr. Barger stated that according to Mr. Ramirez, the structure was constructed
prior to his purchasing the home in 1973, however, City records indicate that
no building permits had been issued for the structure.
Mr. Barger continued by stating prior to granting a Variance the following
findings must be made: 1) there must be some characteristic pertaining to the
property that makes compliance with zoning provisions either impossible or
impractable; this is a relatively flat, rectangular, single family lot that
contains a two-story home; 2) the approval cannot give the Property Owner the
permission or right to build something that other Property Owners have not
been given the right to do; allowing the accessory structure to be located in
the sideyard setback would give the Property Owner a privilege not given to
other Property Owners; and 3) approval of the Variance cannot cause damage or
Regular Meeting PCM-8-52 March 21, 1988
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harm to the neighborhood; as this structure does not meet Building Code
requirements in that it is located on a property line where it must have at
least a one-hour fire wall.
Mr. Barger stated because of the previously mentioned facts, Staff must
recommend that the Planning Commission uphold the Zoning Administrator's
action denying the Variance request.
Cm. Burnham asked how the City was informed of the violation.
Mr. Barger stated the Zoning Investigator was called out to the site regarding
another type of zoning question. At that time this situation was discovered.
Mr. Ramirez, owner, 8686 Davona Drive, stated he appreciated the non-
threatening manner of Staff, mentioned his property is higher by 1 1/2 feet
than his neighbor and sees a drainage impact on his neighbors property if the
structure is removed. He stated the reason he purchased the property was that
this structure was in existence and that he feels the structure meets the
criteria for this type of structure.
Cm. Zika questioned what the structure was used for.
Mr. Ramirez stated that as the wind goes in from the west the structure
provides shade and protection to the area.
Cm. Zika asked how the structure helps drainage.
Mr. Ramirez stated that a gutter with drain pipe keeps runoff away from
neighbors property.
Cm. Barnes inquired if there were any pictures available of the site.
Mr. Barger stated no there were not.
Cm. Mack inquired as to the cost involved to remove the structure.
Mr. Ramirez stated there would not be a cost problem.
Cm. Burnham related the fact that there are code requirements for structures
and compliance is necessary, also that half of the fence is owned by his
neighbor. If others were allowed to do the same thing, it would create a
major problem in the neighborhood.
Cm. Barnes closed the public hearing.
Cm. Burnham asked if this situation would have been a code violation in 1962.
Mr. Tong stated that yes he thought it would.
Cm. Barnes asked if this situation would have been found at time of re-sale.
Mr. Tong stated that at this time the City of Dublin does not have a code
compliance program upon resale of property. However, the disclosure law that
went into effect January 1, 1988, makes it mandatory that a prospective buyer
be informed of any work done without a permit.
Regular Meeting PCM-8-53 March 21, 1988
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Mr. Ramirez mentioned for the tranquility of the neighborhood, that everyone
should come into compliance.
On motion by Cm. Burnham, seconded by Cra. Mack and a 5-0 vote a Resolution was
adopted recommending upholding the Zoning Administrators action denying the
Variance request to allow an existing accessory structure attached to the main
structure.
RESOLUTION N0. 88 - 014
UPHOLDING THE ZONING ADMINISTRATORS ACTION DENYING
PA 87-176 RAUL P. RAMIRE2 VARIANCE REQUEST TO ALLOW AN ERISTING
ACCESSORY STRUCTURE ATTACHED TO THE MAIN STRUCTURE TO PROJECT
INTO THE REQUIRED SIDEYARD SETBACK, RESULTING IN NO SIDEYARD SETBACK
ON ONE SIDE OF THE HOME (WHERE A MINIMUM OF 6 FEET IS REQUIRED
BY THE ZONING ORDINANCE).
A short recess was called by Cm. Barnes.
The meeting was called back to order at 8:50 by Cm. Barnes.
SUBJECT: PA 88-017 Howard Johnson Hotel Lord
Dublin Restaurant Conditional Use Permit
and Variance request to allow a second
freestanding si~n and to exceed sign area,
height and setback restrictions at 6680
Re~ional Street.
Cm. Barnes opened the public hearing and called for the Staff Report.
Ms. 0'Halloran stated the applicant is requesting approval of a Conditional
Use Permit and Variance to permit a 26-foot, second Freestanding double-faced
Sign, totaling 156 square feet, set back 9 feet from the rear property line
within the required 10-foot setback.
In September 1986, the Planning Commission approved a similar sign for the
site which was never completely constructed. On April 29, 1987, a building
permit was issued for the 20' sign pole; however, the sign face was never
erected. The Applicant submitted a revised sign face plan which was approved
on May 19, 1987. Again, the sign was not erected and the Applicant
subsequently revised the proposed sign and a new building permit was issued on
September 1, 1987. The original Conditional Use Permit approval was for a 28'
tall double-faced, free-standing sign totaling 144 square feet of sign area.
A new Conditional Use Permit is required as the Applicant's current proposal
exceeds the sign area previously approved by a total of 12 square feet. A
Variance is required in that the current sign proposal does not comply with
the City's Ordinance relating to maximum sign height, sign area and setback
requirements. The proposed sign area is 95$ larger than that which is
permitted by the Sign Ordinance based on the proposed location and 73$ taller
than the height permitted.
When the Planning Commission approved the sign height, area, and location the
property had one street frontage (Regional Street) for the purpose of
determining the location of the Freestanding Sign.
Regular Meeting PCM-8-54 March 21, 1988
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Ms. 0'Halloran continued by saying in January, 1987 as a result of the
applicants appeal of the Zoning Administrator's and Planning Commission's
actions denying a Variance request to allow two Freestanding Signs on the
parcel, the City Council amended the City's Sign Ordinance to permit two
Freestanding Signs on parcel four acres or greater situated adjacent to I-580
or I-680, subject to approval of a Conditional Use Permit.
A 26-foot setback is required for a 23' tall double-face, Freestanding sign
with 156 square feet of sign area. In order to construct the sign with the
proposed 26-foot height, 156 square foot sign area and 9' foot setback a
Variance is required.
Ms. 0'Halloran stated that prior to granting a Variance, four findings of fact
must be made; 1) authorization of this Variance will constitute a grant of
special privilege inconsistent with the limitations on other properties in the
vicinity; the applicants sign is 95~ larger in sign area and 73$ taller than
that permitted at the proposed location; 2) no special conditions and
extraordinary circumstances apply to the property that do not apply to other
properties in the vicinity; the property is large, flat parcel, situated
adjacent to I-580, which allows the Applicant to apply for a Conditional Use
Permit for two Freestanding Signs on one parcel; 3) 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; and 4) suthorizing the variance will adversely affect
the development and preservation of property values in the vicinity; approving
this variance request with a large deviation from the Ordinance would not
promote orderly development or uniformity among signs.
Ms. 0'Halloran further stated Staff recommends that the Planning Commission
deny the Variance request, however several options are available: 1) revise
the proposal for a Conditional Use Permit to request a 23' tall, double-faced
Freestanding Sign with 160 square foot maximum sign setback 26' from the rear
property line, a Variance would not be required; 2) withdraw the application
and construct a Freestanding Sign with a maximum height of 15', 80 square feet
sign area, minimum 10' setback from rear property line, a Variance would not
be required; 3) withdraw the application and construct the sign per PA 86-081;
and 4) if the Commission wishes to allow the 26', 156 square foot, double-face
Freestanding Sign setback 10' from the rear property line, a Zoning Ordinance
aanendment to the section regulating second Freestanding Signs should be
adopted.
Ms. 0'Halloran presented slides showing the current pole location of 12' from
the rear property line.
Cm. Zika questioned if the original sign was approved at 144 square feet could
a sign be approved for the location proposed.
Mr. Tong summarized that with the Conditional Use Permit in 1986 which
specified sign area and location, a sign could be constructed but would become
a non-conforming sign.
Regular Meeting PCM-8-55 March 21, 1988
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Cm. Burnham asked how does the location of the two poles make it illegal.
Ms. 0'Halloran stated the Sign Ordinance was amended to allow a second
freestanding sign on another frontage. She stated that in the original
application the number of poles was not an issue. The proposed sign is
different from the approved sign, and the proposed sign is subject to the
amended Sign Ordinance regulations.
Mr. Tong stated the original building permit was for a 6'x 12` sign that had
144 sq. ft. of area. The proposed sign is 6 1/2' x 12' with 156 sq. ft. of
area.
Johnson Clark, Howard Johnson Hotel partner, stated it was difficult to
understand why if the sign was approved a year ago it was not ok now. Mr.
Clark also passed out plans of the requested sign. He mentioned that the sign
is from corporate headquarters in Chicago and when it arrived there was a size
discrepancy of 6" which consists of a 4 1/2" cap on the top and bottom of the
sign. Not counting the cap and base, the sign is 5'9" x 12'. With the cap
and base, the sign is 6'6" in height.
Cm. Zika questioned the possibility of relocating the sign to a 26' setback to
eliminate the need for a Variance.
Mr. Clark stated if the sign were placed further from the property line it
would not be seen because of the warehouse building location.
Mr. Clark's nephew stated the warehouse is a very large structure and it is
critical to see the sign before the exit ramp is passed. He also stated that
the hotel business is very competitive and therefore signage is very
important.
Mr. Tong showed on a slide, several locations within existing landscape
planters in the parking lot where the sign could be set back 26 feet and
eliminate the need for a Variance.
Cm. Barnes closed the public hearing.
Cm. Burnham questioned Staff if the sign complied with the 6'x12' size could
it be constructed at the proposed location.
Ms. 0'Halloran stated yes it could.
Cm. Barnes stated she ob~ected to outside companies dictating to the City that
a sign must be a certain size.
Cm. Burnham stated that if the sign is 6" oversized, the applicant should
seriously look at removing the 6" from the sign. If we approve 12 extra
square feet for this project, other projects will also be asking for extra
sign area.
Cm. Mack stated consideration should be given to cutting the cap off.
Regular Meeting PCM-8-56 March 21, 1988
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Cm. Burnham asked who pointed out the excessive size.
Ms. 0'Halloran stated Mr. Clark.
Mr. Clark stated that this sign is the closest in size they make for Howard
Johnson sites.
On motion by Cm. Zika and seconded by Cm. Mack and a vote of 3-2 (Noes: Cm.
Burnham and Cm. Tempel) a Resolution was adopted recommending denying Howard
Johnson Variance request to allow a 26' tall freestanding sign which exceeds
the maximum sign area, height and setback restrictions; and the Conditianal
Use Permit request for a 26' tall second freestanding sign located
approximately 9' from the rear property line at 6680 Regional Street
RESOLUTION N0. 88 - 015
DENYING PA 88-017 HOWARD JOHNSON VARIANCE REQUEST TO ALLOW A 26-FOOT TALL
FREESTANDING SIGN WHICH EXCEEDS THE MARIMUM SIGN AREA, HEIGHT, AND
SETBACK RESTRICTIONS ESTABLISHED FOR FREESTANDING SIGNS, 6680 REGIONAL STREET
RESOLUTION N0. 88 - 016
DENYING PA 88-017 HOWARD JOHNSON CONDITIONAL USE PERMIT REQUEST FOR
A 26-FOOT TALL SECOND FREESTANDING SIGN LOCATED APPROXIMATELY 9 FEET FROM
THE REAR PROPERTY LINE AT 6680 REGIONAL STREET
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NEW BUSINESS OR UNFINISHED BUSINESS
SUBJECT: Resolution initiating amendment to Zoning
Qrdinance to provide conforming status to
properties rendered non-conforming solely
because of condemnation of property.
Mr. Tong stated on March 7, 1988, the Planning Commission considered the
Dublin Boulevard Extension Plan Line studies. On Staff's recommendation, the
Planning Commission directed Staff to prepare an amendment to the Zoning
Ordinance to provide conforming status to properties rendered non-conforming
solely because of City condemnation of property.
Staff recommends that the Planning Commission adopt a resolution initiating
the amendment.
On motion by Cm. Mack and seconded by Cm. Tempel and a vote of 5-0 a
Resolution was adopted initiating an amendment to the zoning ordinance to
provide conforming status to properties rendered non-conforming solely because
of condemnation of property.
RESOLUTION N0. 88 - 017
INITIATING AN AMENDMENT TO THE ZONING ORDINANCE TO PROVIDE
CONFORMING STATUS TO PROPERTIES RENDERED NON-CONFORMING
SOLELY BECAUSE OF CONDEMNATION OF PROPERTY
Regular Meeting PCM-8-57 March 21, 19$8
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OTHER BUSINESS
Mr. Tong advised that the second reading of the Enea Planned Development
Rezone would be heard at the upcoming City Council meeting. He further stated
the item had not been heard at the previous meeting as all the necessary
signed agreements had not been completed.
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PLANNING COMMISSIONERS' CONCERNS
Cm. Mack questioned if anyone had attended the Goals & Objectives meeting.
Cm. Tempel was concerned with two items, 1) the fact that Apple Computers were
moving from Cupertino; they may be interested relocating here in Dublin, and
2) the fact that large national companies are having difficulty in complying
with the current sign ordinance.
Mr. Tong suggested that perhaps a general survey of surrounding cities could
be made to see what some of their requirements might be.
Cm. Burnham stated that usually large companies only make certain size signs
and that those signs don't always fit the sign ardinance criteria.
Cm. Barnes stated she felt that the Planning Commission has made every
allowance possible to allow signage.
Cm. Mack questioned if an Applicant were to come in with a sign submittal they
would be told if the sign did comply or not.
Mr. Tong stated they would be informed of compliance when the plan check was
done.
Cm. Mack mentioned that the Planning Institute was fantastic.
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ADJOURNMENT
There being no further business, the meeting was adjourned at 10:00.
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Respectfully submitted,
Planning Commission Chairperson
Laurence L. Tong
Planning Director
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Regular Meeting PCM-8-58 March 21, 1988