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HomeMy WebLinkAboutAgenda Report - May 18, 1994 PHOP x CITY O;- COUNCiiL COMMUNICATION AGENDA TITLE: Public Hearing to Consider the Appeal of Mark Geweke on Behalf of Geweke Toyota of Action of the Lodi City Planning Commission which Determined that a Blimp Flying at 1020 South Beckman Road was an Illegal Advertising Device and Ordered that its Usage be Discontinued MEETING DATE: May 18, 1994 PREPARED BY: Community Development Director RECOMMENDED ACTION: that the City Council conduct a public hearing to consider the appeal of Mark Geweke on behalf of Geweke Toyota of action 'of the Lodi City Planning Commission which determined, that a blimp flying at 1020 South Beckman Road was an illegal advertising device and ordered that its usage be discontinued. BACKGROUND INFORMATION: On D3cember 27, 1993 the Community Development Department corresponded with Geweke Toyota and requested that an advertising blimp (i.e. Balloon) which was flying over the automobile agency at 1020 South Beckman Road be removed. It was the department's position that the blimp was not a legal advertisin device under the City's sign restrictions (; -. Chapter 17.63 of the Municipal Code?. Mr. Mark Geweke, Vice-Pr-sident, Geweke Toyota, appealed the staff order to the Planning Commission. After conducting a Public Hearing at its meeting of March 28, 1994 the Planning Commission determined that the blimp (i.e. Balloon) was an illegal advertising device and ordered that its usage be discontinued. The Planning Commission's decision has now been appealed to the City Council. FUNDING: None required. jeaas B. Schro der unity Development Director JBS/ck Attachment APPROVED _ ____ GL40m _ _ — • THOMAS A. PETERSON rK c.a ow` City Mana0w CC-' CCCD94.13/TXTD.OIC �xNrMASYwrsaorN.-,.rr��Mv.-...<r � .........-......... _ . _ ........... ...... _... , _.,..... _w,. „ EXCERPT - PLANNING C"ISSION MINUTES - MARCH 28, 1994 The next public hearing was appeal of Geweke Toyota of an order by the Community Development Director to remove a balloon being used for advertising purposes in violation of the sign ordinance at 1020 South Beckman Road. Chairman Rasmussen announced that he would be abstaining from any discussion or vote on this matter because of a possible conflict of interest. He turned the gavel over to Vice Chairman Stafford to conduct the hearing on this matter. Community Development Director Schroeder introduced this matter for the Planning Commission. He explained that the Community Development Department had sent a letter to Geweke Toyota ordering them to remove the advertising balloon because it violated the City's sign ordinance. Mr. Schroedar read to the Planning Commission the original letter requesting removal of the sign and also a study conducted•by Assistant Planner Meissner in which he computed the amount of existing signage at the Toyota dealership as well as what the allowable sign area is for this property. Mr. Schroeder explained that he had determined that the sign is not a permitted advertising structure under the City's sign ordinance. Additionally, even if it were permitted, the existing sign would exceed both the height and sign area permitted by the ordinance. Vice Chairman Stafford then asked if anyone in the audience wished to speak on this matter. Coming forward to speak was Bennett Copeland, 1520 South Mills Avenue. Mr. Copeland explained that he had been hired to try to make the dealership a profitable operation, and that currently the business is losing money. He noted that car dealerships are a major contributor to the City sales tax base. He felt that this particular dealership is suffering because people, even in Lodi, are not familiar with the Beckman Road location. He felt that the balloon was helping to attract customers to the business. Mr. Copeland stated that he wants to work with the City to make the balloon legal and feels that businesses east of the freeway might need special assistant to help attract people to 'chat area. Finally, he added that he does not feel the balloon is a sign, but rather a tethered aircraft. Commissioner Lapenta asked staff if the balloon would still be considered a sign if all lettering were removed from the balloon. Community Development Director Schroeder stated that it would still be a sign since its only purpose is to attract business. Following some additional discussion the Planning Commission, on a motion by Commissioner Schmidt, second by Commissioner Hitchcock, approved on a 5-0 vote with Chairman Rasmussen abstaining a motion to deny the appeal of Geweke Toyota, determining that a blimp which has been flying at Geweke Toyota, 1020 South Beckman Road in an area zoned M-1, Light Industrial, is an illegal advertising device and ordered its usage discontinued. Following this vote, Community Development Director Schroeder explained the appeal process to Mr. Copeland. a a 0) MAXIMUM SIGNAGE ALLOWABLE = 961.5 sq, ft. TOTAL OF PERMITTED SIGNAGE = 882 sq. ft. SIGNAGE WITH BANNERS AND FLAGS = 1000 sq. ft + Sign Index: A, B = Logo, Toyota = 76'sq. ft. C = Geweke = 24 sq. ft. D = Parts Dept. = 18 sq. ft. E = Service = 18 sq, ft. F= Parts and Service = 36 sq. ft. G = 75' pole 'Toyota' = 480 sq. ft. H = 19' pole 'Used Cars' = 130 sq. ft. I, J = Logo, Toyota = 76 sq. ft. K = Geweke = 24 sq. ft. Geweke Toyota Sign Removal Appeal 1020 S. Beckman Rd. 3-28.94 WV" S s •r t ►' ' IY�OIWIA/�01." . �% VICINITY MAP Sign Index: A, B = Logo, Toyota = 76'sq. ft. C = Geweke = 24 sq. ft. D = Parts Dept. = 18 sq. ft. E = Service = 18 sq, ft. F= Parts and Service = 36 sq. ft. G = 75' pole 'Toyota' = 480 sq. ft. H = 19' pole 'Used Cars' = 130 sq. ft. I, J = Logo, Toyota = 76 sq. ft. K = Geweke = 24 sq. ft. Geweke Toyota Sign Removal Appeal 1020 S. Beckman Rd. 3-28.94 GEWEW,. I , t.0% A-U �DTOYOTA ;NfStY k March 31, 1994 Ms. Jennifer- Perrin City Clerk P.O. Box 3005 Lodi, CA 95241-1910 Dear Ms. Perrin This letter is submitted as r written appeal to council to be heard regarding our blimp. We appeared before the Lodi City Planning Commission on March 28, 1994. The City Planning Commission passed a ruling that directly and adversely affects our business. Please submit this request to be heard to the City Council of Lodi. • Thank you for your consideration in this matter. Sincerely, Mark Geweke Vice President MC:bpm IIUD `%. 110.4.11ninn liund • I'm Ii • CaIifnrnin 7.1210 • IIM!/3hi/hi1M1 • ToII Fn -t• RIMI/31)1!/1 IR •--••MehICY•FbrRSt']N/A-•'�..9.Ct'mcg'yr.Y�.»n;+gw...r.+wvi�or•:•.:.,.., ... _ ._ _ ... _...... _.. ......... ...... _^. .«...,.. .�I.N . I4NsvyfSYRTTKTP`�]5' ;yP.MM�. 1''4.'.Y l:='. yj"•.'.�.17� kMt :'A �:� ._..1`131': CITY COUNCIL JACK A. SIECLOCK. Maya STEPHEN J. MANN Maya Pro Tempore RAY C. DAVENPORT PHILLIP A. PEHNIHO ;OHM R. (Randy) SNIDER March 29, 1994 101 CITY OF LODI CITY HALL. 221 WEST PINE STREET P.O. BOX 3006 LODI. CALIFORNIA 95241-1910 (209) 333-5634 FAX 6"133347" Mr. Mark Geweke Vice President, General Manager Geweke Toyota P.O. Box 1210 Lodi, CA 95241 Dear Mr. Geweke: RE: Public Hearing Balloon Advertisement THOMAS A. PETERSON City Manse" JENNIFER M. PERRIN City Clerk 808 MCNATT OW Attorney At its meeting of Monday, March 28, 1994 the Lodi City Planning Commission determined that a blimp, which has been flying at Geweke Toyota, 1200 South Beckwn Road, was an illegal advertising device and ordered that its usage be discontinued. Section 17.72.110 of the Lodi Municipal Code "Appeal to Council", provides as follows: 'Any applicant or person claiming to be directly and adversely affected by any action of the Planning Commission may, within five days (i.e. business days) after the action, file a written appeal with the City Clerk for transmittal to the City Council." Your appeal, if any, must be in writing , i directed to Ms. Jennifer Perrin, City Clerk, P.O. Box 3006, Lodi, CA -3241-1910 and must be received by her before 5:00 p.m., Monday, April 4, 1994. Sincerely, ,JAMES B. SCHROEDER unity Development Director cc: City Clerk Maren 4, 1994 Mr. James B. Schroeder Commoinity Development Director City Hall P. O. Box 3006 Lodi, CA 95241-1910 Dear Mr. Schroeder: 0 [AAR 0 91994 commuNny DMwPoliR We would like to request that our appeal before the Lodi City Planning Commission regarding our blirnnp be put back on the agenda. We Would like to be set for a public hearing as soon as possible. I understand on January 27, 1994 our employee, Jeff Smutney, called your office r-nd stated that the blimp was to be moved out of town. There appears to have been some confusion regarding this issue. I sincerely apoiogize for this misunderstanding. We would like to address the issue of the blitap before the City Planning Commission as soon as possible. We feel we have a great deal to contribute to the community and to the City of Lodi. Since we would prefer to lave the blimp fly here, Geweke Toyota would appreciate your rescheduling our hearing. Again, Jim, I apologize for this misunderstanding. Please do not hesitate to call me at 209-367-6500 if anything further is required. Sincerely, Ma: k Geweke rice President, General Manager MC:bpm CITY COUNCM IACX A. SIECLCCX. -Avon STEPHEN 1. MANN •wvor Pro Tempore RAY C. DAVENPORT PHILLIP A. PENNIM0 JOHN R. rRanftl SNIDER December 27, 1993 - 02, Q) CITY OF LODI C:TY MALL ='1 WEST PINE STREET P 0. BOX 3006 1001. CALIFORNIA 95241.1910 0091 334-1634 �Al I20lI f11M�S Ge:weke Land Developme In, & Marketing P.O. Box 1210 Lodi; CA 95241 SUBJECT: ILLEGAL BALLOON ADVERTTSENE NT To Whom It May Cancan: TMO&*As A KTERSON C8ty N unaKer IENNIFIR M ►ERRIN Ciev C:OM 908 .%KNATT Zltn AttOrnow It has come to the attention of the Coaimmiry Development Deft that the Gewelz Toyota lot on 1020 South Berkman Road has been, using a figs balloon or blimp as an ardvertisexaexrt, Advcru= encs, or signs, of this type are not legal in the Cay ofLodi. Suggs are regulated by the City to control s. size, hem type, and other vatiow eleme nm The sign in question is simply not permitted by the City. If the sign were permitted, it does not have a perms a is too high, and the existing amount of signage: at the car lot c meeds the m2u3mum so no new signage would be allowed. The sign shall be removed by January 5, 1993, in order to comply with the sign ordinance, Cbapter 17.63. If you have any questions, please call me at (209) 333-6711. �G. Ami tam Planter DECLARATION OF WALING M On April 21, 1994 in the City of Lodi, San Joaquin County, California, I deposited in the united States mail, envelopes with first-class postage prepaid thereon, containing a copy of the Notice attached hereto, marked Exhibit "A"; said envelopes were addressed as is more particularly shown on Exhibit "B" attached hereto. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on April 21, 1994, at Lodi, California. Jennifer M. Perrin City Clerk J Icrjuene L. onDe ity Clerk DSC#01/TXTA.FRM 1 CITY OF-LODI A t.. Carnegie Foram • 305 West Pine Street, Lodi PUBLIC HEARING Data: May 18, 9994 Timm 7:00 p.m. For Information regarding this notice please contact: Jennifer M. Perrin City Clerk Telephone: (209) 333-8702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday. May 18, 1994 at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a Public Hearing to consider the following matter: a) Appeal from Geweke Toyota appealing the Planning Commission's decision that a blimp, which has been flying at Geweke Toyota, 1200 South Beckman Road, was an illegal advertising device, and that its usage be discontinued. Information regarding this item may be obtained In the office of the Community Development Director at 221 West Pine Street, Lodi, California. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter In court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the Public Hearing. By Order of the Lodi City Council: niter M e n ay Clerk Dated: April 20, 1994 A roved aform: cj 4'ba. Bobby W. McNatt � City Attorney J%C11 YURKAFORMSWO LICE OOC 41i"Al + - e ,.. .. ,.. -. .. - r. .... '. .... .[:.»ligny..�.J�-.i°�4���1 )::.•k'�yj��.i%1� C'i"� . _. � .. :5,.. 1. Mr. Mark Gereke, Vice President Gawske Toyota P.O. Sox 1210 Lodi, CA 95251 2. James Schroeder, Director Community Development Department ."^� mc,.away..,......._...�.,..,�.�,.P,...w�wre+.�.�.»,......,.a,._-...�rwr.�nnt�a�'xnz7�'�+:Yi'�.�!t?•�+'�., ""` fi��4ltA„"�,�?�'Y�e�'1�.�'` CITY COUNCIL JACK A. SIECLOCK. Marro STEPHEN 1. MANN Mayor Pro Tempore RAY C. DAVENPORT PHILLIP A. PENNING JOHN R. (Randy) SNIDER May 20, 1994 CITY OF LODI CITY HALL. 221 WEST PINE STREET P.O. BOX 3006 LODI. CALIFORNIA 95241.1910 (209) 334.5634 FAX (.'091 1)3.6795 Mr. Mark Geweke, Vice President Geweke Toyota P.O. Box 1210 Lodi, CA .95241 Dear Mr. Geweke: RE: Blimp (Balloon) Advertisement THOMAS A. PETERSON City Man&@" IENNIFER M. PERRIN City Clerk 808 MCNATT City Attorney At its meeting of Wednesday, May 18, 1994 the L)di City Council conducted a public hearing to consider your appeal on behalf of Geweke Toyota of action of the Lodi City Planning Camission which determined that a blimp (i.e. Balloon) flying at 1020 South Beckman Road was an illegal advertising device and ordered its usage discontinued. The City Council reversed the Planning Commission's decision and approved your appeal with the following provision: "that Geweke Toyota be permitted to temporarily fly an advertisement blimp (i.e. balloon) at 1020 South Beckman Road until December 1, 1994 or until such time that the Sign Ordinance is amended, whichever is sooner." If we can be of further assistance in this matter, please call upon us. Sincerely, 'J ES B. SC OEDER 1-5"unity Development Department cc: City Clerk City Attorney