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Sign - Wienerschnitzel - 2002August 14, 2002 Noble Stansbury 9677 Rodden Road Oakdale, CA 95361 ·o~' CITY OF CAMPBELL Community Development Department CAMPBELL Re: PLN2002-38 - 1940 S. Bascom Avenue - Sign Exception - Wienerschnitzel Please be advised that at its meeting of August 13, 2002, the Planning Commission adopted Resolution No. 3449 denying a Sign Exception to allow the installation of a new 40 square foot illuminated awning sign on the above referenced property. Per the compromise you have agreed to with both the Planning Commission and staff, you will submit a revised plan that includes illumination of 20 square feet or less of the new awning to our office for approval. This reduced square footage of illuminated awning sign area falls within allowable standards under our Sign Ordinance and can be approved at staff level. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5 p.m. on Friday, August 23, 2002. California Code of Civil Procedure, Section 1094.6, governs the time within which judicial review of this decision must be sought. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Sincerely,,/,~ Oeoff I. Bradley Senior Planner Eva & Attilio Bandoni Trustees (Property Owners) 1256 Husted Avenue San Jose, CA 95125 Ontario Neon (Sign Company) 303 W. Main Street Ontario, CA 91762 Frank Mills, Building Department 70 North First Street .' Campbell, California 95008-1436 - TEL 408.866.2140 · F^X 408.871.5140 - TOD 408.866.2790 RESOLUTION NO. 3449 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL DENYING A SIGN EXCEPTION (PLN2002-38) TO AIJOW THE INSTALLATION OF A NEW ILLUMINATED AWNING SIGN ATTACHED TO THE FRONT OF THE WIENERSCHNITZEL BUILDING ON PROPERTY OWNED BY EVA AND ATTILIO BANDONI TRUSTEE ET AL LOCATED AT 1940 S. BASCOM AVENUE IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR. NOBLE STANSBURY, ON BEHALF OF WIENERSCHNITZEL. FILE NO. PLN2002-38. After notification and public heating, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the heating was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2002-38: 1. The proposed sign is architecturally compatible with the building in terms of color, style and design. 2. The business is not unusually difficult to locate in comparison to similar uses. 3. The business would be adequately identified with a 20 square foot awning sign due to its location on a major arterial and existing signage, including a monument sign. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: o The proposed sign is not consistent with the purposes of the Sign Ordinance by preserving and improving the visual character of the community. The use for which the sign is to be erected would be adequately identified and is not unusually difficult to locate in comparison to similar uses without exceeding the standards of the Sign Ordinance. The proposed sign would be detrimental to the public welfare or persons in the neighborhood or the City as a whole. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission denies a Sign Exception (PLN2002-38) to allow the installation of a new illuminated awning sign attached to the front of the Wienerschnitzel building on property owned by Eva and Attilio Bandoni Trustee et al located at 1940 S. Bascom Avenue. Planning Commission Resolution No. 3449 PLN2002-38 - 1940 S. Bascom Avenue - Sign Exception Denial -- Wienerschnitzel Page 2 PASSED AND ADOPTED this 13th day of August, 2002, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Commissioners: Alderete, Doorley, Francois, Gibbons and Jones Commissioners: None Commissioners: Hemandez Commissioners: None /// Sharon Fierro, Secretary CAMPBELL PLN 2002-38 Stansbury, N. ITEM NO. 2 STAFF REPORT - PLANNING COMMISSION MEETING OF August 13, 2002 Hearing to consider the application of Mr. Noble Stansbury, on behalf of Wienerschnitzel, for a Sign Exception (PLN 2002-38) allowing the installation of a new illuminated awning sign attached to the front of the Wienerschnitzel building on property owned by Eva and Attilio Bandoni Trustee Et A1 located at 1940 S. Bascom Avenue in a C-2 (General Commercial) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following action: Adopt a Resolution, incorporating the attached findings, denying a Sign Exception (PLN 2002- 38) allowing the installation of a new illuminated awning sign attached to the front of the Wienerschnitzel building. PROJECT DATA Building Floor Area: 1,080 sq. ft. Linear Frontage: 13 feet along S. Bascom Avenue (base of triangular shaped building) Proposed Signage: Description One illuminated awning sign Size Approximately 43.4 square feet (illuminated area) DISCUSSION Applicant's Proposal: The applicant, Mr. Noble Stansbury, on behalf of Wienerschnitzel, is requesting a Sign Exception to allow the installation of a new illuminated awning sign attached to the front of the Wienerschnitzel building. The proposed sign exceeds the maximum size (20 square feet) that is allowed under the Sign Ordinance for this particular building. Background: The project site is an existing Wienerschnitzel building that was constructed in 1968. The applicant is proposing the placement of the awning sign on the front of the building. It would replace an existing awning sign. The Planning Division does not have any records of an approved Sign Permit for the existing awning sign. A freestanding monument sign was approved in 1976 that is nine feet tall and approximately 40 square feet. The project site is located on the east side of South Bascom Avenue just north of its intersection with Fewtrell Drive. Staff Report - Planning Commission Meeting of August 13, 2002 PLN 2002-38 -- 1940 S. Bascom Avenue Page 2 of 3 ANALYSIS Sign Proposal: The proposed awning sign would be mounted on the front of the building facing South Bascom Avenue over the walk-up service counter. The sign would be illuminated during the evening and night until the business closes at approximately midnight. The sign provides light for the service counter and weather protection. The applicant is requesting that the Planning Commission grant the Sign Exception because the new awning is part of a nationwide program and will provide a new and updated image, added customer safety by lighting the service counter at night, and weather protection for customers at the counter. Design: The proposed awning sign measures approximately 43.4 square feet, which includes the total sign area that is illuminated. The awning consists of yellow and red translucent vinyl that would be illuminated by fluorescent tube fixtures. The awning consists of a main yellow colored central portion that measures 6'2" wide, 5'2" tall and 3' deep with the Wienerschnitzel logo and name. This portion is flanked by two smaller sections with vertical yellow and red striping that measure 1'11" wide, 3' tall and 2'6" deep. The motto "The World's Largest Hot Dog Chain" is spelled out in white block letters across the bottom of the sign. Sign Requirements: The Sign Ordinance stipulates that wall signs for commercial uses are limited in size to no greater than one square foot of sign area for each linear foot of business frontage. Each sign is allowed a minimum of twenty square feet and a maximum of fifty square feet. Since the Wienerschnitzel building frontage is approximately 13 linear feet at the base of the building, the maximum permitted size of the wall sign is 20 square feet. The proposed sign exceeds the maximum permitted size by 23.4 square feet. Sign Exceptions: Section 21.53.030 of the Sign Ordinance stipulates that the Planning Commission may authorize additional signs when it determines the following: · The use or uses for which the signs are to be erected would not be adequately identified; or · The site is unusually difficult to locate in comparison to similar uses without exceeding the standards provided in the Sign Ordinance. Staff Analysis: The proposed sign is architecturally compatible with the building in terms of color, style and design. The business is not unusually difficult to locate in comparison to similar uses. The business would be adequately identified with a 20 square foot awning sign due to its location on a major arterial and existing signage, including a monument sign. Since staff's calculation of the sign area consists of only the illuminated area, the awning sign could be redesigned to meet the size requirements of the Sign Ordinance if the illuminated area were reduced to only 20 square feet. The total size of the awning would remain 43.4 square feet. Site and Architectural Review Committee: The Site and Architectural Review Committee reviewed the proposed project at its meeting of July 23, 2002 and concluded that the findings for approval that are required under the Sign Ordinance would be difficult to meet in this case. They Staff Report - Planning Corn._.~ssion Meeting of August 13, 2002 PLN 2002-38 -- 1940 S. Bascom Avenue Page 3 of 3 recommended looking at the option of reducing the amount of sign area that illuminated to 20 square feet in order to meet the requirement of the Sign Ordinance. Attachments: 1. Findings for Denial of File No. PLN 2002-38 2. Findings for Approval of PLN 2002-38 3. Conditions of Approval for PLN 2002-38 4. Exhibits 5. Sign Exception Request Letter from Applicant 6. Location Map would be Prepared by: "~)6Lr?~)c~ ~ Darcy Smith, Planner II Approved b~~ ~~i~~ Ge. off I. dley, Senior Plan/~ Attachment #1 FINDINGS FOR DENIAL OF FILE NO. PLN 2002-38 SITE ADDRESS: 1940 S. Bascom Avenue APPLICANT: Noble Stansbury DATE: August 13, 2002 Findings for Denial of a Sign Exception (PLN 2002-38) to allow the installation of a new illuminated awning sign on property located at 1940 S. Bascom Avenue. The Planning Commission finds as follows with regard to File No. PLN 2002-38: 1. The proposed sign is architecturally compatible with the building in terms of color, style and design. 2. The business is not unusually difficult to locate in comparison to similar uses. 3. The business would be adequately identified with a 20 square foot awning sign due to its location on a major arterial and existing signage, including a monument sign. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed sign is not consistent with the purposes of the Sign Ordinance by preserving and improving the visual character of the community. 2. The use for which the sign is to be erected would be adequately identified and is not unusually difficult to locate in comparison to similar uses without exceeding the standards of the Sign Ordinance. 3. The proposed sign would be detrimental to the public welfare or persons in the neighborhood or the City as a whole. Attachment//2 FINDINGS FOR APPROVAL OF FILE NO. PLN 2002-38 SITE ADDRESS: 1940 S. Bascom Avenue APPLICANT: Noble Stansbury DATE: August 13, 2002 Findings for Approval of a Sign Exception (PLN 2002-38) to allow the installation of a new illuminated awning sign on property located at 1940 S. Bascom Avenue. The Planning Commission finds as follows with regard to File No. PLN 2002-38: 1. The proposed sign is architecturally compatible with the building in terms of color, style and design. 2. The proposed size of the awning sign is proportional to the building. 3. The business is unusually difficult to locate in comparison to similar uses due to the small amount of building street frontage. 4. The business would not be adequately identified with a smaller awning sign due to its limited visibility. 5. The project is determined to be categorically exempt project under Section 15311 (a) of the California Environmental Quality Act (CEQA), accessory structures; therefore, no environmental action is required. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed sign is consistent with the purposes of the Sign Ordinance by preserving and improving the visual character of the community. 2. The use for which the sign is to be erected would not be adequately identified and is unusually difficult to locate in comparison to similar uses without exceeding the standards of the Sign Ordinance. 3. The proposed sign would not be detrimental to the public welfare or persons in the neighborhood or the City as a whole and allows for reasonable business identification. 4. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. Attachment//3 CONDITIONS OF APPROVAL FOR FILE NO. PLN 2002-38 SITE ADDRESS: 1940 S. Bascom Avenue APPLICANT: Noble Stansbury DATE: August 13, 2002 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney, or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations, and accepted engineering practices, for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT Plannine Division: Approved Plans: Approval is granted for an exception to the sign regulations to allow the installation of a new 43.4 square foot illuminated awning sign attached to the front of the Wienerschnitzel building on property located at 1940 S. Bascom Avenue. Plans submitted for building permits shall substantially comply with the plans as submitted by the applicant, except as herein modified by the Planning Commission. Buildine Division: Permits Required: A building permit application shall be required for the proposed signs. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. Prior to performing any work, the applicant shall make application to, and receive from, the Building Division, all applicable construction permits City of Campbell Darcy Smith Community Development dept. 70 North First Street Campbell, CA 95008-1436 July 17,2002 Re: Weinerschnitzel Sign Application for new illuminated awning PLN 2002-38 1940 South Bascom Ave Dear Darcy, We respectfully request the approval of our application to install the new awning in place of the old one on this building now. The new image is part of a Nationwide program. The awning serves as a weather protection and excellent after dark lighted area for customers convenience & safety. The actual advertising area is 14.05 Sq. Ft. We feel the new awning will provide a new & updated image, added customer safety and weather protection. Sincerely, MEMORANDUM City of Campbell -- Community Development Department 70 N. First Street~ Campbell~ CA 95008 To: Site and Architectural Review Committee Date: July 16, 2002 From: Darcy Smith, Planner II ~V~d'' Subject: 1940 S. Bascom Avenue -- PLN 2002-38 Sign Exception for a New Awning Sign Proposal The applicant is requesting approval of a sign exception to allow the installation of a new illuminated awning sign attached to the front of the Der Wienerschnitzel building at 1940 S. Bascom Avenue. The proposed sign exceeds the maximum size allowed under the Sign Ordinance. The Planning Division does not have any records of an approved Sign Permit for the existing awning sign. Section 21.53.030 "Administrative Procedures" of the Sign Ordinance Commission may authorize larger signs when it determines the following: a. b. states that the Planning The use or uses for which the signs are to be erected would not be adequately identified; or The site is unusually difficult to locate in comparison to similar uses without exceeding the standards provided in this chapter; or The use is of such size and is so located in reference to surrounding uses and/or the traffic circulation system that a larger, higher or temporary off-site directional sign, or longer time period would best serve the public welfare and would be in keeping with the principles and purposes of this Chapter. Outstanding Issues Size. The Sign Ordinance stipulates that wall signs for commercial uses are limited in size to no greater than one square foot of sign area for each linear foot of business frontage. Each sign is allowed a minimum of twenty square feet and a maximum of fifty square feet. Since the Der Wienerschnitzel building frontage is approximately 20 linear feet, the maximum size of the wall sign is 20 square feet. The proposed Der Wienerschnitzel awning sign measures approximately 43.4 square feet. Attachment: Sign detail and elevation of building front CITY OF CAMPBELL Community Development Department - Current Planning July 11, 2002 Mr. Skip Stansbury Noble Sign Company 9677 Rodden Road Oakdale, CA 95361 Der Wienerschnitzel Sign Application for New Illuminated Awning Sign PLN 2002-38 1940 S. Bascom Avenue VIA FAX (209-847-4438) AND U.S. MAlL Dear Mr. Stansbury: The Campbell Planning Division has reviewed your application for a sign permit for a new illuminated awning sign attached to the front of the Der Wienerschnitzel building at 1940 S. Bascom Avenue. The Planning Division does not have any records of the Sign Permit approval of the existing awning sign. The proposed Der Wienerschnitzel awning sign measures approximately 43.4 square feet. Chapter 21.53 of the Campbell Municipal Code (Sign Ordinance) stipulates that wall signs for commercial uses are limited in size to no greater than one square foot of sign area for each linear foot of business frontage. Each sign shall be allowed a minimum of twenty square feet and a maximum of fifty square feet. Since the Der Wienerschnitzel building frontage is approximately 20 linear feet, the maximum size of the wall sign is 20 square feet. The application for a Sign Permit is therefore denied by the Community Development Director since the proposed sign exceeds the maximum permitted sign area under the Sign Ordinance. This decision is appealable to the Planning Commission. An appear shall be made in writing to the City Clerk and accompanied by the $100 appeal fee within ten (10) calendar days following the date of the decision, on or before 5:00 p.m. Monday, July 22, 2002. Any decision not appealed within the ten-day period shall be final. 70 North First Street . Campbell, California 95008-1436 · TEL 408.866.2140 . VaX 408.866.8381 · TDD 408.866.2790 A written letter must be submitted that includes the reasons for the appeal. The Planning Commission has the authority to approve larger signs when it finds the following: a. The use or uses for which the signs are to be erected would not be adequately identified; or b. The site is unusually difficult to locate in comparison to similar uses without exceeding the standards provided in this chapter; or c. The use is of such size and is so located in reference to surrounding uses and/or the traffic circulation system that a larger, higher or temporary off-site directional sign, or longer time period would best serve the public welfare and would be in keeping with the principles and purposes of this Chapter. Please contact me at (408) 866-2193 if you wish to discuss this denial or the appeal process in more detail. Sincerely, Darcy Smith Planner II cc: Geoff Bradley, Senior Planner