Loading...
HomeMy WebLinkAboutAgenda Report - May 18, 19944 CITY OF LO®I COUNCIL 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 December 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 advertising device under the City's sign restrictions (i.-. Chapter 17.63 of the Municipal Code. Mr. Mark Geweke, Vice-Pr-:sident, Geweke Toyota, appealed the staff order to the Planning Commission. AftL-r 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 Commnission's decision has now been appealed to the City Council. FUNDING: None required. jaes B446 2 . Schro der unity Development Director JBS/ck Attachment APPROVED ._ 4 ;R� THOMAS A. PETERSON ..cR CHy Manages CCCD94.13/TXTD.01C CC•I .. .... . : �w:ri::.'Y•�R!:x7��'5'"XiY-�.'�jc+y�...�.: �'Y..!: �: �:i±^x'w ,. .. FJ EXCERPT - PLANNING COMMISSION 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 Conmission. 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 that 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. 0 a n MAXIMUM SIGNAGE ALLOWABLESign Index: = 961.5 sq. ft. A, B = Logo, Toyota = 76 'sq. ft. C = Geweke = 24 sq. ft. TOTAL OF PERMITTED SIGNAGE D = Parts Dept. = 18 sq. ft. = 882 sq. ft. E = Service =18 sq, ft. F= Parts and Service = 36 sq. ft. SIGNAGE WITH BANNERS AND G = 75' pole 'Toyota' = 480 sq. ft. FLAGS = 1000 sq. ft + H = 19' pole 'Used Cars' = 130 sq. ft. $jam' I, J = Logo, Toyota = 76 sq. ft. K = Geweke = 24 sq. ft. 7 Geweke Toyota ' Si?n Removal Appeal 1020 S. Beckman Rd. VICINITY MAP 3-2"4 Aft �% .. GBNE t.l� l • A • RI I (JDTOYOTA March 31, 1994 Ms. Jennifer- Perrin City Clerk P.O. Box 3006 Lodi, CA 93241-1910 Dear Ms. Perrin This letter is submitted as a 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 IWO S. !{.•t•kittan IRttntl • Lntli • f Alifurnin tYYfO • 219)/3(„/65011 • Toll Fn -r MNI/300/ I.W '.;sg_".'t,'!'"�:�xv'�aavwrvaaor.n.=.....- . ....... . ._. ___._...._...-..�.........-....-............_..�,tiv.ivvv4'.AW':Mf1AlI.�h%iKR�y_ CITY COUNCIL )ACK A. SIECLOCK. Mayor STEPHEN J. MANN Mayor Pro Tempore RAY C. DAVENPORT ►HILLOP A. PENNING JOHN R. (Randy) SNIDER March 29, 1994 Mr. Mark Geweke Vice President, Geweke Toyota P.O. Box 1210 Lodi, CA 95241 Dear Mr. Geweke: 0 CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI. CALIFORNIA 95241-1910 (209) 334-5634 FAX W" 3334115 General Manager RE: Public Hearing Balloon Advertisement THOMAS A. PETERSON City Msna�lr JENNIFER M. PERRIN City Clerk BOB MCNATT City Afton v At its meeting of Monday, March 28, 1994 the Lodi City Planning Camission determined that a blimp, which has been flying at Geweke Toyota, 1200 South Beckman 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 _5241-1910 and must be received by her before 5:00 p.m., Monday, April 4, 1994. Sincerely, ,JAMES B. SCHROEDER pity Development Director cc: City Clerk &0m GEMAEm. :andel ®TOYOTA EcEIvEu Marcn 4, I994 1 IAAR 0 S 1994 Mr. James B. Schroeder Commainity Development Director City Hall P. O. Box 3006 Lodi. CA 95241-1910 Dear Mr. Schroeder: We would like to request that our appeal before the Lodi Clty Planning Commission regarding our blimp be put back on the agenda. We would like to 5e set for a public hearing as soon as possible. 1 understand on January 27, 1994 our employee, Jeff Smutney, calved 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 apologize for this misunderstanding. We would Like to address the issue of the blimp 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 :rave the blimp fly here, Geweke Toyota would appreciate your rescheduling our nearing. Again, Jim, I apologize for this misunderstanding. Please do not hesitate to call me at 209-367-6500 if anything further is required. Sincerely, Mark Geweke Vice President, General Manager MG:bpm Carr COLNCM IACX A. SIECIOCX. wavy STEPHEN I. MANN .wvor Pro Tempore RAY C. DAVENPORT PHILLIP A. PENNING IONN R.IRan&4 SNIDER Decanba 27, 1993 0 0 CITY OF LODI C:TY HALL, -'7 WEST PINE STREET P O. Box 3006 LODI. CALIFORNIA OS247•1910 1209133;-" ;As rx" I314417S Gewdte Land DevelopmeM & Mwketing P.O. Boz 1210 Lodi; CA 95241 To oVhom It May Cancan: !MOMA$ A PETERSON c;N m"no « 114NIFIR w PERRM GIV C';n !Da Au BATT CI9V AtlpfMe It has come to the anemon of the Coamosmicy Develop== Department that the Gewake Toyota lot on 1020 South Beckman Road has been using a lighted balloon or bfimp, as an advertisemg= Advatismxats, or iM of this type are not legsl in the City ofl ocL Sagas are regulated by the Cny to control a no mas, sib height, type, and otber va:iDus ekmeats. The sign in gzuxion is smmr not perorated by the City. If the sign were permitted, it does not have a permit, it is too high, and the existing amount of sgaage at the car lot cme eds the mmcmum so no new signage would be allowed. The sign shad be removed by January 5, 1993, in mier to comply with the sign ortfmance, Chapter 17.63. If You have any QuestiOtis, Please call me at (109) 333-6711. Mary G. Asap P6nher DECLARATION OF MILING E-5 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 "8• 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 ito no L. I yity Cierk DBC#01/TXTA.FRM x�".1*'.'_:'!.,1!;'i'rhw •rrvT+u, ..v.,. .. ......,..,. _..... ,... ... r ..... ,.,,-rw,..w.'..i J" <��,t•`� iVV711 4 r7 V .=L NOTICYOF PUBLIC HEARING Date: May 18.1994 Time: 7:00 p.m For Information regarding this notice please contact: Jennifer M. Perrin City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING NOTICE 18 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 Hearer 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 As 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: rifer M e n ity Clerk Dabd: April 20, 1884 A ved as to form: ie(,,,/`j'J Bobby W. McNatt City Attorney J 1CITYCLRKXF0RM'Y10TICE DOC 411W" ;� `�9�.�'1}',+�:r.4X"1K71JP'i'• :3...�. .. ,..rr:.. r .., r ,.,. s. � - .� �.. ... .y. _ ,-, . .. r..!",.'r:5i�'!1'7�,.rj.:��..��w•y�-.>s•+I^�',:�'¢; 1. Mr. Mark Gewske, Vice President Gexeke Toyota P.O. Box 1210 Lodi, CA 95241 2. James Schroeder, Director Community Development Department CITY COUNCIL JACK A. SIECLOCK. Mayor STEPHEN 1. MANN Mayor Pro Tempore RAY C. DAVENPORT PHILLIP A. PENNINO JOHN R. (Randy) SNIDER May 20, 1994 Mr. Mark Geweke, Geweke Toyota P.O. Box 1210 Lodi, CA , 95241 CITY OF LODI CITY HALL. 221 WEST PINE STREET P.O. BOX 3006 LODI. CALIFORNIA 95241.1910 (209)334.5634 FAX I..V91 37YM'9S Vice President Dear Mr. Geweke: RE: Blimp (Balloon) Advertisement THOMAS A. PETERSON CRY Ma"Imr JENNIFER M. PERRIN City Clerk 809 MCNATT City Attorney At its meeting of Wednesday, May 18, 1994 the L:ldi City Council conducted a public hearing to consider your appeal on behalf of Geweke Toyota of action of the Lodi City Planning Commission 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� SC OEDER Crmunity Development Department cc: City Clerk City Attorney �R a..fiYKuc,,..-, r�..._..,.,........_.._....._ -- •--- •-- -� .,.nrrn .q.. , ar-.w.r+.,,...