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HomeMy WebLinkAboutCC Resolution 8087 (RAB Motors Signs)RESOLUTION NO. 8087 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL UPHOLDING AN APPEAL OF THE PLANNING COMMISSION'S DENIAL WITHOUT PREJUDICE OF A SIGN REVIEW APPLICATION REQUIRING ADJUSTMENTS FOR THE NUMBER OF PRIMARY IDENTIFICATION FREESTANDING SIGNS AND TOTAL SIGN AREA FOR THE RAB MOTORS AUTOMOBILE DEALERSHIP AT 540 FRANCISCO BOULEVARD WEST (SR89-23) WHEREAS, on June 6, 1989, an application for sign review was submitted to the City; and WHEREAS, staff determined that the requested signing was not permissible under the Zoning Ordinance of the City, unless sign adjustments were granted by the Planning Commission; and WHEREAS, on August 29, 1989, the Planning Commission reviewed the application and accepted a staff report and testimony from the applicant's attorney pertaining to the applications; and WHEREAS, the Planning Commission did not find that requisite conditions needed to approve sign adjustments, as contained within Zoning Ordinance Sections 14.12.020A and 14.12.060B, were present, and therefore denied the subject application without prejudice; and WHEREAS, on August 29, 1989, the Planning Commission also directed staff to prepare a specific amendment to the City's Zoning Ordinance eliminating restrictions on the content of the otherwise permissible secondary freestanding sign and eliminating the need for an adjustment to allow an additional number of freestanding primary identification signs as requested by the applicant; and WHEREAS, the action of the Commission to deny the application without prejudice was appealed by the applicant on September 5, 1989; and WHEREAS, on September 26, 1989, the Planning Commission acted to recommend to the City Council an amendment to the Zoning Ordinance of the City of San Rafael, said amendment affecting Chart 1 of Section 14.12.02A thereof so as to eliminate restrictions on the content of secondary freestanding signs 'URIG"NAI 8089 RESOLUTION NO. 8087 for certain auto dealerships; and WHEREAS, on October 16, 1989, the City Council acted to adopt the aforementioned Zoning Ordinance amendment recommended by the Planning Commission; and WHEREAS, on October 16, 1989, the City Council heard the appellant's appeal and continued its discussion of the subject appeal, directing the appellant to prepare an application for signing more closely meeting the restrictions to be applied upon final adoption of the aforementioned Zoning Ordinance amendment; and WHEREAS, on November 2, 1989, the applicant submitted three alternative freestanding sign proposals to the Planning Department which all required adjustments under the current and revised Ordinance for sign height and total sign area; and WHEREAS, said signing required adjustments to allow a total of 218 square feet of signing on the subject site where only 200 square feet would otherwise be permissible; and WHEREAS, Section 14.12.060A2 provides for such adjustments when determined to be necessary "to achieve an effect which is essentially architectural, sculptural or graphic art."; and WHEREAS, the subject building, with its existing or pertinent signing, has been nationally recognized as possessing unique and exceptional architectural qualities; and WHEREAS, on November 6, 1989, the City Council amended Chart 1 of Section 14.12.02A of the Zoning Ordinance, thereby eliminating the need to consider an adjustment for a secondary freestanding sign as applied for by the applicant; and WHEREAS, the Council considered the three alternatives submitted by the appellant and a 14 foot high, two post freestanding sign alternative prepared by staff. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby denies the applicant's request for a second freestanding sign in excess of 14 feet in height based upon the following finding: -2- RESOLUTION NO. 8087 The approved 14 foot high, two posted freestanding sign is consistent with the scale and proportion of the existing freestanding sign on the site and the dealership building. A taller sign within the 36 square foot area limitation would be out of proportion with the existing freestanding sign on the site. BE IT FURTHER RESOLVED that the City Council upholds the applicant's appeal pertaining to approval of a total of 218 square feet of signing for the subject site, based upon the following finding: The approved 28 square foot, 14 foot high freestanding sign has been designed with appropriate consideration to the design and quality of the existing signing on the site and the exceptional architectural quality of the RAB dealership building. The proposed signing will serve to achieve an effect which is essentially architectural in nature, and it will allow signing in proper scale with the subject building. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Monday , the 20th day of November , 1989, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS= Breiner & Shippey JE M. LEONCINV, City Clerk -3-