HomeMy WebLinkAboutCC Resolution 6997 (903 Lincoln Ave)RESOLUTION NO. 6997
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL DENYING AN APPEAL AND UPHOLDING THE
PLANNING COMMISSION'S DENIAL OF A SIGN VARIANCE
TO ALLOW AN OFF-SITE SIGN FOR "TAO YUAN"
RESTAURANT AT 903 LINCOLN AVENUE
WHEREAS, the applicant has requested approval of a 20
square foot internally illuminated freestanding sign; and
WHEREAS, said sign is located on the property of an
adjoining owner, Richard Kotoff, 808 Third Street, at the end of a
pedestrian access easement which connects the rear exit of the
restaurant to the public parking lot at Third Street and Cijos,
and is considered a freestanding off-site sign; and
WHEREAS, the sign was recently refaced without obtaining
necessary City approvals required under Section 14.12.050 of the
Sign Ordinance; and the applicant has now applied for the required
permit; and
WHEREAS, such a freestanding off-site sign as proposed by
applicant is prohibited under Section 14.12.03H of the Sign
Ordinance; and
WHEREAS, Section 14.13.070 of the Sign Ordinance states
that in order for the Planning Commission to approve a sign pro-
hibited under the Ordinance, a variance must be granted in
accordance with the provisions of Chapter 14.80 of the Zoning
Ordinance; and
WHEREAS, the Planning Commission held duly noticed
hearings on the matter on June 26, 1984; July 10, 1984; and
August 14, 1984; and considered all testimony and staff reports
prepared; and
WHEREAS, the Planning Commission, on August 14, 1984,
adopted a resolution denying the requested variance based upon
findings included in the August 14, 1984 staff report to the Com-
mission herein incorporated by reference; and
WHEREAS, the Planning Commission's denial of said
variance has been appealed to the City Council based upon grounds
that the Commission's action was not based upon true facts and
the applicable law; and
ORIGINAL
RESOLUTION NO. 6--)7
WHEREAS, the City Council held a duly noticed public
hearing on December 17, 1984 to hear the appeal and considered all
testimony and staff reports prepared;
NOW, THEREFORE, BE IT RESOLVED that the San Rafael City
Council hereby denies the appeal and upholds the Planning Commission
denial of a variance to allow an off-site freestanding sign for
"Tao Yuan" restaurant based upon the following findings:
1. There are no exceptional or extraordinary circum-
stances or conditions applying to the land, building or use
referred to in the application which circumstances or conditions
do not apply generally to land, buildings and/or uses in the same
district. There are other businesses in the downtown that are
located near public parking lots that do not possess direct
frontage on those parking lots but have pedestrian connections via
alleyways and/or walkways. The Sign Ordinance does not allow
off-site signs for such locations and to grant a variance to allow
an off-site sign in this case would create special privilege not
enjoyed by others.
2. The granting of the application is not necessary for
the preservation and enjoyment of substantial property rights of
the petitioner. The front of the building possesses excellent
visibility to the public. Adequate signing is and can be provided
on the front of the building pursuant to the Sign Ordinance.
3. The granting of such an application may, under the
circumstances of this particular case, materially affect adversely
the health or safety of persons residing or working in the neigh-
borhood of the property, and may under the circumstances of the
particular case be materially detrimental to the public welfare,
in that the subject sign has been installed on an adjoining property
without the consent of the owner. The owner does not wish to
permit the sign to continue to be located on his property and has
stated that he considers the sign unappealing. Approval of such an
off-site sign may set a precedent which could result in the
proliferation of signage in the downtown which would be detrimental
to the general welfare.
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RESOLUTION NO. 97
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 7th day of January 1985, by the
following vote, to wit:
AYES: COUNCILMEMBERS:Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS:None
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JE P M. LE CI I, ityC erk
26.3 B/11