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Sign - Denied - 2011CITY of CAMPBELL Community Development Department November 10, 2011 AMCOE Signs 37428 Centralmont Place, #A Fremont, CA 94536 Re: PLN2011-223 - 14651 S. Bascom Avenue -Denial of Sign Permit Dear Applicant: Please be advised that at its meeting of November 8, 2011, the Planning Commission adopted Resolution No. 4040 denying a Sign Permit (PLN2011-223) to allow an increase in sign area for a new monument sign on the above referenced property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5 p.m. on Friday, November 18, 2011. The time within which judicial review of this action must be sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless another statute (such as California Government Code Section 65009 or some other applicable provision) sets forth a more specific time period. If you have any questions, do not hesitate to contact me at (408) 866-2140. Sincerely, Daniel Fama Assistant Planner cc South Bascom Medical Professional Center (Property Owner) 30 E. Santa Clara Street, #210 San Jose, CA 95113 Dr. A. Richard Adrouny (Business Owner) 14651 S. Bascom Avenue, Suite 112 Los Gatos, CA 95032 RESOLUTION NO. 4040 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL DENYING A SIGN PERMIT (PLN2011-223) TO ALLOW AN INCREASE IN SIGN AREA FOR A NEW MONUMENT SIGN ON PROPRETY LOCATED AT 14651 S. BASCOM AVENUE IN A P-O (PROFESSIONAL OFFICE) ZONING DISTRICT. FILE NO.: PLN2011- 223 After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2011-223: 1. The requested Sign Permit is fora 25 square-foot internally illuminated monument sign reading `After Hours Healthcare'. 2. The project site is located at the northwest corner of South Bascom and Mozart Avenues. 3. The project site is composed of two parcels, developed with two medical office buildings totaling 62,000 square-feet. 4. Development of the site took place under the jurisdiction of Santa Clara County prior to annexation into the City of Campbell in 2006. 5. Campbell Municipal Code Section 21.30.080(8) indicates that total display area for all signs for any one parcel or office center, whichever is less, shall be no greater than 80 square feet with no single sign having a display surface greater than 40 square feet. 6. The commercial center is currently developed with two monument signs, of approximately 50 square feet each, resulting in an existing sign area of approximately 100 square feet. 7. The existing signs are considered nonconforming pursuant to Campbell Municipal Code Section 21.30.100. 8. Pursuant to Campbell Municipal Code Section 21.30.100(6), a change to a nonconforming permanent freestanding sign, for a commercial center which identifies two or more tenants shall be allowed without bringing the entire sign into conformance so long as the change is limited to a change in copy for one of the tenants and there is no change in the advertising display area, colors, materials, illumination or structural size, height or design of the sign. 9. The existing sign- area exceeds the maximum allowable sign area and single-sign maximum sign area as allowed by Campbell Municipal Code Section 21.30.080(8). Planning Commission Resolution No. 4040 PLN2011-223 - 14651 S. Bascom Avenue -Denial of Sign Permit Paae 2 10. The proposed sign would result in a total of three monument signs, totaling approximately 125 square feet of sign area. 11. The Planning Commission may grant a Sign Permit allowing a total sign area in excess Campbell Municipal Code Section 21.30.080(8) if its finds that the signs otherwise allowed by the Sign Ordinance would not be visible to the public due to issues of distance or obstructions that are beyond the control of the owner of the site on which the signs are or would be located. 12. The applicant has provided no evidence demonstrating that signage visibility is affected by factors beyond the control of the property owner such as the presence of other buildings, street trees, or topographic features. 13. Alternatives to construction of a third sign include modifying the distribution of sign area on the existing monument signs or removal of one existing monument sign. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. That the proposed sign is inconsistent with the requirements of CMC 21.30. 2. The proposed sign does not preserve and improve the visual quality of the city. 3. There are no distance issues or obstructions that are beyond the control of the owner of the site on which the signs would be located. 4. The signs allowed by the Sign Ordinance would be visible to the public. 5. Denial of the Sign Permit is exempt from environmental review pursuant to Section 15270(a) of the California Environmental Quality Act (CEQA). THEREFORE, BE IT RESOLVED that the Planning Commission denies a Sign Permit (PLN2011-223) to allow an increase in sign area for a new monument sign on property located at 14651 S. Bascom Avenue in a P-O (Professional Office) Zoning District. PASSED AND ADOPTED this 8t" day of November, 2011, by the following roll call vote: AYES: Commissioners: Brennan, Ebner, Reynolds and Roseberry NOES: Commissioners: Alster and Resnikoff ABSENT: Commissioners: Gibbons ABSTAIN: Commissioners: None APPROVED: Bob Roseberry, Chair ATTEST: Kirk Heinrichs, Secretary