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HomeMy WebLinkAbout022-89 RESOLUTION NO. 22-89 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF DANVILLE APPROVING A SIGN REVIEW REQUEST FOR CANOPY SIGNAGE AT 263 SOUTH HARTZ AVENUE. WHEREAS, Darnish and Paula Abu-Ghaben has requested approval of a Sign Review Permit to allow 30.5 square feet of canopy signage at La Ultima Restaurant advertising the business name and logo at 263 South Hartz Avenue; and WHEREAS, Planning Staff did review the request and conditionally approved the project subject to conditions as an Administrative Action on October 13, 1989; and WHEREAS, pursuant to State environmental regulations, a Notice of Exemption was prepared for this project; and WHEREAS, Frank Perez Tays, applicant representing Mr.& Mrs. Abu-Ghaben, filed an appeal to the Administrative Action on October 28, 1988; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on November 28, 1988, and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations, and testimony as herein set forth; and WHEREAS, the Planning Commission upheld the Administrative Action per the findings and conditions of approval; and WHEREAS, Frank Perez Tays appealed the Planning Commission's decision to Town Council; and WHEREAS, proper notice of this request was given in all respects as required by law for the Town Council hearing of March 6, 1989; and WHEREAS, the Town Council did hear and consider all said reports, recommendations and testimony as herein set forth; and NOW THEREFORE, BE IT RESOLVED THAT THE DANVILLE TOWN COUNCIL HEREBY CONDITIONALLY APPROVES THE SIGN PERMIT REQUEST FOR CANOPY SIGNAGE AT 263 SOUTH HARTZ AVENUE SUBJECT TO THE CONDITIONS OF APPROVAL CONTAINED HEREIN AND MAKES THE FOLLOWING FINDINGS IN SUPPORT OF THIS ACTION: 1) The proposed signage is comDatibl~ with the ~ha~ao~ ana design Of the ~xt~rior archi%eo%ure of the property at 263 South Hartz Avenue and the area in which it is located. 2) The location of the signage will not impair the use of the property or conflict with visibility. 3) The use will not adversely affect the health, safety, of persons residing or working in the vicinity, or be injurious to property or improvements in the area. 4) The proposed sign will serve to primarily identify the business established or type of activity conducted on the premises, or the product, services or interest being exhibited or offered for sale, rent or lease on the premises. 5) The proposed sign is restrained in character and no larger than necessary for adequate identification. Therefore, the proposed signage is consistent with Section 88-9.810 of the Sign Code subject to the following conditions of approval: 1) Except as may be modified by the following conditions, signage authorized by this permit shall be substantially as shown plans and photographs submitted with a Sign Review application dated received by the Planning Department on August 17, 1988. 2) The existing illuminated 3'4" x 6'9~" pole sign is specific to this land use only (restaurant use). At such time this use ceases, the pole sign shall be removed. This signage shall be reviewed at the adoption of an updated Sign Ordinance for consistency with that new ordinance. 3) Lettering on the canopy signage shall be limited to the name of the establishment and identification logo on the front of the canopy and identification of the product offered on premises on the side flaps. 4) As provided for by Section 8-7015 of the Sign Control Ordinance temporary signage not exceeding 6 square feet is allowed for a time period not exceeding 30 days. 5) This permit shall be revocable for cause in accordance with Section 26-2.2022 of the Danville Zoning Ordinance. 6) There shall be no lighting on the canopy signage. PASSED, APPROVED AND ADOPTED THIS 3rd day of April, 1989 by the following vote: AYES: NOES: ABSENT: ABSTAINED: ATTEST APPROVED AS TO FORM TORN~i' TOWN APMM3