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Sign - Mojo Burgers - 2008Daniel Fama From: Daniel Fama Sent: Wednesday, July 02,20084:27 PM To: Corinne Shinn Subject: Partial Refund for PLN2008-102 A partial refund is owed to the Pete Favre for his Mojo Burger Sign Application (pLN2008-102). He paid for a modification to a sign program ($1300). However his approval was granted pursuant to a previous approved Sign Exception which only requires him to pay standard Sign fees in the amount of $405. He is therefore owed a refund of $895. Daniel Fama Assistant Planner City of Campbell danielf@cityofcampbell.com 408.866.2193 7/2/2008 CITY OF CAMPBELL Community Development Departmel1t July 3, 2008 Peter Favre MOJO Burgers 1875 S. Bascom Avenue, Suite 405 Campbell, CA 95008 Re: Sign Permit Application - File No.: PLN2008-102 1875 S. Bascom Avenue, Suite 405 - MOJO Burgers Dear Mr. Favre, The Planning Division has conditionally approved your sign application (PLN2008-102) for two wall signs on property located at 1875 S. Bascom Avenue. The new wall signs are approximately 40 square- feet in area and read "MOJO Burger" with a company logo. One wall sign will face Bascom Avenue and the other will face Campbell Avenue. The Planning Division has found that the proposed signage is consistent with a previously approved Sign Exception for this tenant space granted by the Planning Commission at its meeting of April 8, 1997. Minutes from this meeting and an approval letter dated April 9, 1997 are included for yourreference. This Sign Permit has been approved subject to the following Conditions of Approval: 1. The applicant shall obtain any necessary building permits from the Building Division prior to sign installation. 2. The proposed wall sign shall be fabricated and installed per the approved plans dated as approved on July 3, 2008. 3. The sign shall be maintained in good condition at all times and shall be repaired or replaced as necessary. If you have any questions regarding this approval, please feel free to contact me at (408) 866-2193 or by email atdanielf@cityofcampbell.com. Z2 Daniel Fama Assistant Planner Encl: 2 Copies of Approved Plans Planning Commission Minutes, dated April 8, 1997 Planning Division Approval Letter, dated April 9, 1997 cc: Jackie C. Young Lind, Acting Community Development Director Sharon Fierro, Community Development Director 70 North First Street . Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.871.5140 . TOD 408.866.2790 Planning Commission Minutes of April 8, 1997 Page 2 ORAL REOUESTS There were no oral requests. PUBLIC HEARING Chairwoman Kearns read Agenda Item No. 1 into the record. 1. M 97-05/SA 97-10 Toloui, F. Continued Public Hearing to consider the application of Mr. Frank Toloui, on behalf of Johnny Rockets, for approval of a Modification (M 97-05) to a previous Site Approval and a Sign Exception (SA 97-10) on property located at 1875 S. Bascom Avenue in a C-2-S (General Commercial) Zoning District. This project is Categorically Exempt. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 days. (Continued from the March 11, 1997, Planning Commission meeting.) Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: . This item was continued from the meeting of March 11, 1997. . Applicant is seeking approval to modify the site to accommodate a new restaurant, Johnny Rockets, adjacent to Barnes & Noble and Hollywood Video. . The Commission continued the item because of concerns regarding the proposed facade improvement and signing request. . Applicant has submitted a revised plan, including the introduction of awnings that match the awnings used on both Barnes & Noble and Hollywood Video. The color of the awnings will match the rust color ofthe Hollywood Video awnings rather than the green of Barnes & Noble. . The revised plans continue to call for white plaster facade. . Signs would be located in the archways above the awnings. . Staff finds the proposal to be similar to others at the Pruneyard but has concerns about the building color (white) and number of signs. . SARC reviewed this project for a second time and Commissioner Alne will present SARC's position on this project. . Staff recommends adoption of a Resolution approving the modifications and the granting of a sign exception to allow one wall sign and four smaller signs. Four (4) smaller signs would be in the courtyard and not visible from the public right-of-way in addition to those proposed. Commissioner Lowe clarified that these four signs read "Chili", "Shakes", "Fries" and "Pie". Planning Commission Minutes of April 8, 1997 Page 3 Commissioner Gibbons thanked staff for the new information on this project, stating that she found it helpful. She asked about the facade color being white and for more details about the awmngs. Mr. Tim J. Haley advised that the applicant has introduced an awning treatment that is similar to the Barnes & Noble. The awnings hang at the same height as the eaves. Commissioner Alne presented the Site and Architectural Review Committee as follows: . SARC reviewed this project for a second time. . Upon first review, SARC had difficulty with the layout. . During the second review, the applicant agreed to delete the reveals. . SARC feels that white paint is in conflict with the Pruneyard. The other applicants who brought projects to the Pruneyard recently had to adhere to the color scheme. . Concerned that the elevations still depict white exteriors. . As a result of the continued use of white exteriors, SARC cannot recommend approval. Chairwoman Kearns opened the Public Hearing for Agenda Item No.1. Mr. Chris Meany, Pruneyard Associates: . Stated that Johnny Rockets is an exciting, family-oriented restaurant. . Both he and the applicant, Mr. Frank Toloui, have attended a number of meetings and made a number of compromises. . Staff wants to see a transition between the height of the Barnes & Noble wall and the lower Trader Joe's elevation. . While the applicant did not want awnings, staff felt strongly that the addition of awnings was important. . The applicant does not want the whole facade to appear as the rest of the center but is willing to compromise on the completely white facade to accommodate a two-color facade. . The Pruneyard management had never intended to have a restricted color palette. Stated that he finds this contrary to their goal to bring vitality to the center. . Stated that white is not a controversial paint color and it is needed by Johnny Rockets to stay true to their design theme. Advised that Mrs. Fields and the Outback are both painted white. . Objected to the requirement to add trees and asked that this requirement be deleted. Commissioner Lowe asked whether the upper building was depicted as being white in the plans presented to SARC. Commissioner Alne stated that white is unacceptable to SARC but the applicant did not agree. Mr. Chris Meany stated that there was resolution on all differences except for the building color at SARC. There was an agreement to disagree. Planning Commission Minutes of April 8, 1997 Page 4 Mr. Frank Toloui, Applicant, explained that he has tried to compromise on the building color by offering a two-tone color scheme. However, he asked that the yellow color being suggested be toned down. Commissioner Alne asked which part of the elevation would be white according to Mr. Toloui's proposal. Mr. Frank Toloui explained the he is proposing to have the upper elevations painted the yellow color with the exception of the wall space behind the logo signs. Commissioner Alne asked if the exterior courtyard walls would be white. Mr. Frank Toloui replied that they would. These walls are accessible only to his restaurant patrons and are not visible from the public right-of-way. Commissioner Jones asked about the landscaping requirement. Mr. Tim J. Haley advised that the end island areas in the parking lot are proposed to be landscaped. Commissioner Gibbons stated that while she feels the landscaping IS needed, she feels uncomfortable requiring additional landscaping with this application. Commissioner Alne stated that he shares Commissioner Gibbons view on this matter. He has reservations correcting what is most likely a City oversight at the expense of this applicant. This is unfair. Chairwoman Kearns asked about Condition No. 7 as it pertains to use of a public address system. Mr. Tim J. Haley advised that the public address system would interfere with the adjacent tenants long before it could be heard at the property line. The center has conditions in their lease agreement that handle issues of noise between tenants in the center. Mr. Chris Meany stated his belief that music helps set mood. Reiterated that under their lease, any complaints of noise from one tenant will result in the elimination of any noise generated by another tenant. Commissioner Alne stated that the City and applicant seem to have reached agreement on everything except for building color. Chairwoman Kearns reminded that stafr does not support all signs being requested. Planning Commission Minutes of April 8, 1997 Page 5 Commissioner Gibbons stated her understanding of the current proposal for paint on this elevation as follows: the courtyard facade and inside facade will be white. The rest of the elevation will match the existing yellow with the exception of white behind the logo signs. Mr. Chris Meany agreed with this interpretation. Commissioner Lowe stated that he is both concerned and confused about the method in which this project's color scheme is being discussed. At this point he would have to refuse to approve. Mr. Tim 1. Haley advised that the applicant could go back to SARC with a color elevation. If SARC is not happy with this elevation, the project could be forwarded back to the Commission. Mr. Chris Meany stated that he understands the Commission's concerns but they are out of time. Commissioner Lowe stated that many of the issues causing such confusion this evening should have been ironed out at SARC. Mr. Chris Meany stated that he feels they are being pushed to make color compromises that are not fair. White is not an unusual paint color. Delays can cause the loss of an ideal tenant for Pruneyard and the community. Asked that the entire facade be allowed to be painted white. Commissioner Alne suggested that the applicant present the color rendering to SARC and stated that SARC could meet at the applicant's convenience. Commissioner Gibbons asked if SARC was against any use of white paint. Commissioner Lowe stated that he has no problem with the interior courtyard or recessed portion (located 12 feet back) being white. Commissioner Gibbons stated that as she now understands the proposal the building will be painted to match Barnes and Noble (yellow) with rust awnings (like Hollywood Video). Neon wording will appear above the awnings and the background behind the logo signs can be painted white. Stated that she supports this plan. Commissioner Lowe stated that he also feels the need for landscaping but is hoping that the property management will simply volunteer to install more landscaping in this area. Mr. Chris Meany stated that they have spent a lot of money for public improvements during the renovation of this center. Adding landscaping is not simply a question of installing plants and trees but also requires the addition of curbs and irrigation. Asks for a one year breather before reconsidering the addition of more landscaping. Planning Commission Minutes of April 8, 1997 Page 6 Chairwoman Kearns closed the Public Hearing for Agenda Item No.1. Motion: Upon motion of Commissioner Alne, seconded by Commissioner Gibbons, the Planning Commission adopted Resolution No. 3081 approving building modifications and a sign exception for a new restaurant (Johnny Rockets) with staff ensuring that the correct colors be called out on the building plans and with the removal of Condition No.5 which required additional landscaping, on property located at 1875 S. Bascom Avenue, by the following roll call vote: AYES: Alne, Gibbons, Jones, Kearns, Lowe NOES: None ABSENT: Lindstrom, Meyer-Kennedy ABSTAIN: None This decision is final unless appealed in writing to the City Clerk within 10 days. *** Chairwoman Kearns read Agenda Item No.2 into the record. 2. PM 97-01 Hagshenas, A. Continued Public Hearing to consider the application of Mr. Abbas Hagshenas for approval of a Tentative Parcel Map (PM 97-01) to allow the creation of three single-family lots consisting of two (2) flag lots and one (1) standard lot on property located at 667 El Patio Drive in an R-I-6 (Single Family Residential) Zoning District. This project is Categorically Exempt. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 days. (Continued from the March 25, 1997, Planning Commission meeting. ) Ms. Gloria Sciara, Planner I, presented the staff report as follows: . This item was continued from the March 25, 1997, Planning Commission meeting. . Applicant is seeking approval for a Tentative Parcel Map to include two flag lots and one standard lot. . The two key issues were the issue of public versus private street status and the net lot area. . Staffhas reviewed these two issues and its recommendation for approval stands. . . By increasing the depth of the two rear lots by 5.5 feet each, the net buildable area increases to 6,000 square feet for each lot. However, the applicant objects, stating that there is no basis in the Ordinance for this. Commissioner A1ne expressed that there is difficulty in defining the size of the lots. The easement is counted as lot area but is not buildable lot area.