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HomeMy WebLinkAboutCC Resolution 8088 (John Irish Automobile Dealership Signs)RESOLUTION NO. 8088 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DENYING AN APPEAL OF THE PLANNING COMMISSION'S DENIAL WITHOUT PREJUDICE OF A SIGN REVIEW APPLICATION REQUIRING ADJUSTMENTS FOR THE NUMBER OF FREESTANDING PRIMARY IDENTIFICATION SIGNS AND SIGN SIZE FOR THE JOHN IRISH AUTOMOBILE DEALERSHIP AT 475 FRANCISCO BOULEVARD EAST (SR89-19) WHEREAS, on May 15, 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 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 an otherwise permissible secondary freestanding sign and eliminating the need for an adjustment to allow an additional freestanding primary identification sign 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 6, 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 for certain auto dealerships; and -1- ORIGiNAL �0 72( RESOLUTION NO. 8088 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 October 30, 1989, the applicant submitted a revised sign proposal to the Planning Department which required adjustments for sign size, total sign area and number of primary freestanding identification signs under the current Ordinance and would continue to require an adjustment for total sign area and sign size under the Ordinance in its amended form; 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 second primary identification freestanding sign as applied for by the applicant; and WHEREAS, the Council considered the proposal submitted by the appellant which required an adjustment to allow a total of 213.85 square feet of signing on the subject site where only 200 square feet would otherwise be permissible, and an adjustment to allow a 72 square foot, 21 foot high sign where a 36 square foot, 14 foot high sign was permissible; and WHEREAS, Section 14.12.060A2 provides for such adjustments where necessary: (1) to overcome a disadvantage because of an exceptional setback between the street and the sign or orientation of the sign location; (2) to achieve an effect which is essentially architectural, sculptural, or graphic art; (3) to permit more sign area in a single sign than is allowed, but less than a total sign allowed at the site, where a more orderly and concise pattern of s= RESOLUTION NO. 8088 signing will result; (4) to allow a sign to be in proper scale with its building or use; (5) to allow a sign compatible with other conforming signs in the vicinity; and (6) to establish the allowable amount and location of signing when no street frontage exists or when because of an unusual lot shape (e.g., panhandle lot) the street frontage is excessively narrow in proportion to the average width of the lot. NOW, THEREFORE, BE IT RESOLVED that the City Council denies the subject appeal and upholds the Planning Commission's action to deny SR89-19 without prejudice, based upon the following findings: (1) The proposed sign would be located approximately 10 feet behind the front property line of the site and would be highly visible from both Francisco Boulevard and Highway 101. The orientation of the sign will be the same as other freestanding signs on Francisco Boulevard. The requested adjustment is not necessary to compensate for an "exceptional" sign setback or orientation of the sign location. (2) The primary purpose of the additional area is to increase the amount of signing to advertise automobiles. The additional sign area would not serve to advance architectural, sculptural, or graphic objectives. (3) The additional sign area is not necessary to produce a more "orderly and concise pattern of signing", as required by the Ordinance. (4) The additional square footage requested is not necessary for the proposed sign to be in proper scale with the dealership building or the auto sales use. The 200 square foot total maximum and 36 square feet for a secondary freestanding sign is sufficient for the subject use. (5) A larger sign of 72 versus 36 square feet is not necessary for compatibility with other signs in the area in that the majority of freestanding signs in the area conform to Zoning Ordinance restrictions for such signs. (6) The subject site is a common rectangular shape with approximately 300 feet of frontage on Francisco Boulevard. No adjustment is necesasry to establish the allowable amount or location of signing. _3_ RESOLUTION NO. 8088 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. LEONCI I, City Clerk -4-